CHAPTER XVII.

Johnny Gilbert; His First Appearance in Australia; Miscellaneous Bushranging Exploits; Mr. Robert Lowe Makes a Stand; Mr. Inspector Norton Captured by the Bushrangers; A Plucky Black Boy; "Mine know it, Patsy Daly like it, Brudder;" A Brave Boy; O'Meally Shoots Mr. Barnes; A Bootless Bushranger; Capture of John Foley; Something about the Foley Family; Ben Hall.

Next to Frank Gardiner, the man most frequently spoken of in connection with bushranging at this time was Johnny Gilbert, alias Roberts. He was one of the gang charged with assisting in the robbery of the gold escort at Eugowra Rocks, but who had not been captured. He was born in Canada, and emigrated with his uncle, John Davis, to Victoria, shortly after the discovery of gold there. Davis, it appears, soon became tired of gold digging, and went to Sydney, where he opened an hotel at Waverley. On April 6th, 1854, he was found dead in his private room, and his nephew, then known as Roberts, about seventeen years of age, was arrested and charged with the murder. He was acquitted and left Sydney. He was arrested in the Goulburn district, some time later, charged with horse-stealing, and sent to gaol. He is supposed to have made acquaintance with Gardiner during their imprisonment on Cockatoo Island. Roberts made an attempt to escape from the island, but was recaptured and was punished by Captain McLerie, the visiting justice. When liberated, after having served his sentence, he disappeared for a time, and was next heard of in connection with the escort robbery. It soon became evident to all thinking persons, that there were more bushrangers abroad than those connected with "the Gardiner gang." Robberies were reported almost every day, and over a wider range of country than it was possible for one gang to travel over. These robberies were of the most varied character.

One day Henry Stephens, innkeeper, near Caloola, was in his bar when three men walked in and called for brandy. He served them. When they had drunk their liquors they went into the breakfast room and sat down. There were present at the table Mr. and Mrs. Stephens, Mr. Young, and the three strangers. While the meal was progressing one of the strangers went out. He returned almost immediately, pistol in hand, driving the man servant in before him. Mr. Stephens jumped up, exclaiming "Hullo, what's up now?" when the bushranger fired and shot him in the mouth. The other two visitors rose, and ordered Mrs. Stephens to "hand out the cash." As she refused they searched everywhere, breaking open boxes, smashing the furniture, and even refusing to allow the poor woman to lift her baby from its overturned cradle, under which it was in danger of being smothered. They took away about £20 in cash, and a few small articles. As soon as they left Mr. Stephens was conveyed to the hospital at Bathurst for surgical treatment. Of course this outrage was attributed to "Gardiner's gang," but it was subsequently proved that the robbers had no connection with the ex-butcher.

On December 10th, 1862, Charles Foley and John Brownlow robbed Daniel O'Brien's inn at Laggan. Another man stood on guard at the door. They tied Mr. and Mrs. O'Brien, and put a bag over O'Brien's head to prevent him from calling out. Foley searched the place, but only succeeded in finding "ten bob." Mrs. O'Brien, hoping to induce them to leave quietly, offered to give them £4 10s. which she had in her pocket, but Foley said "We want more than that." They ransacked the place, and at last found a roll of about fifty £1 notes which Mr. O'Brien had thrown among some empty casks in a back room on seeing them approaching the place. As they were well-known in the district they were soon arrested, and on February 9th, 1863, were sentenced to seven years' penal servitude.

At the same Sessions, Alexander and Charles Ross and William O'Connor were convicted of the attack on Mr. Stephens. They had also robbed Mr. William Webb's store at Fish River, and committed some other outrages. They were condemned to death and were hung in March, 1863.

George Willison and Frederick Britton stuck up the Hartley mail near the Woodside Inn, about five miles from Bathurst, on November 16th, 1862. The driver, Owen Malone, and a passenger, Arundell Everett, were taken off the road, their hands tied behind them, and they were laid on the ground on their faces while the robbers searched the letters. While thus lying side by side, Everett whispered to his companion, "Let's make a rush." Malone however prudently declined, saying, "What could we do with our hands tied behind us? We'd only get shot." The robbers took about £1500 in notes from the letters and immediately mounted and rode into Bathurst to exchange them. They were too late, however. News of the robbery had reached the town, and they were arrested in the Union Bank while cashing the notes. They were sentenced to sixteen years' penal servitude, the first three years in irons. A companion who had kept watch while the mail was being robbed escaped.

The mail coach was stuck up near Mount Victoria by Charles and James Mackay and George Williams. There was nothing remarkable about the robbery, but the bushrangers were closely followed and were captured in a few days. The two brothers Mackay were sentenced to fifteen years' and Williams to ten years' imprisonment.

On January 7th, 1863, the _Yass Courier_ announced that during the week the Binalong mail had been again robbed, and Woodward, the driver, left bound to a tree. He begged hard not to be left to perish miserably through thirst, but the robbers laughed and rode away. He was released by a shepherd who happened to hear him cooeying. He was much exhausted. The robbers took £24 10s. and a pennyweight nugget. On the same day Samuel William Jacobsen, hawker, was stuck up near the Wedden Mountains by John Healy, who ordered him to "bail up and be quick about it unless you want your---- brains blown out." Jacobsen and his assistant, Henry Clok, were stripped and told to remain where they were for an hour under penalty of death. Their clothes were given back to them after having been searched. They dressed, and when they judged that the time allowed them had expired--their watches had been taken away with other property--they walked on. They followed the track of their waggon and came up to it about three miles away. The horses had been turned loose and were feeding near. All the drawers and boxes in the waggon had been broken open and ransacked, and everything of value had been stolen.

During the week ending April 22nd, 1863, a large number of people were stuck up and robbed on the road between Marengo and Burrangong. One of them, William Oakes, a store-keeper, was going on his usual round among the Fish River farms to purchase fowls, eggs, butter, and other produce for his store. He was successful in hiding his money, but the robbers emptied his horse feed out on the ground, ripped open the saddles and collars of his horses, and broke all the boxes in the cart in their attempts to find it.

On January 14th a woman was stopped at the Cherry Tree Hill, and asked for her money. She refused to give it up. The robbers tried to search her, but, being unable to find her pocket, they tore the skirt off, and, in spite of her cries, carried it away, leaving her to get home without it. They got about £3 in notes and silver. These fellows stuck up the Mudgee mail about an hour later. There were two passengers on board, a man and a woman. The man refused to give up his money, when one of the bushrangers said, "If you don't hand it out we'll strip the---- woman." As he hesitated the ruffian began to tear off her clothes. The man yielded. It is satisfactory to know that the amount obtained was small.

On April 3rd the Cassilis mail was stuck up at Reedy Creek, near Mudgee, by two armed men. One of them remarked, after the letters had been gone through, "This mail never has nothing in it." Mr. Farrell, schoolmaster at Cassilis, who was riding beside the coach when it was stopped, was robbed of his gold watch and some money. He was also forced to exchange his horse, saddle, and bridle, for a knocked up horse and a very dilapidated saddle and bridle. On the following day Mr. Robert Lowe was driving in a buggy from Talbragar to Mudgee in company with Hugh McKenzie, who was on horseback, when two armed men ordered them to "bail up." Mr. Lowe snatched his gun from the bottom of the buggy, and fired. The bushrangers wheeled round and rode away, but had not gone far when one of them threw up his arms and fell. Lowe and McKenzie went over to him with the intention of taking him to the nearest town for treatment, but he died almost immediately. The two gentlemen then continued their journey to Slapdash, where they gave information to the police and were informed that Messrs. A. Brown, J.P., and Alexander Dean had just reported that they had been robbed near the same place by two men, one of whom was riding Mr. Farrell's horse. Sergeant Cleary and a trooper with two black trackers, Tommy and Johnny Bein Bar, followed the other bushranger for 260 miles and caught him near Coonamble. He was brought to Mudgee, tried and convicted, and sent to gaol for ten years. At the inquest on the man Heather a verdict of justifiable homicide was returned, and Mr. Lowe was highly complimented for his prompt action. He was afterwards awarded a gold medal by the New South Wales Government for his bravery in resisting bushrangers.

One day Master Willie Cadell was sent by his mother on a message a short distance away from Mudgee. He walked his pony up the hill outside the township, and was about to start in a canter when a mounted man dashed in front and shouted "Stop." The pony was frightened by the shout and bolted for a short distance, the bushranger galloping alongside threatening the boy with instant death if he did not pull up. At length the pony was brought under control, when the robber said, "I don't want to hurt you, but you must come with me." He led the boy to a clump of trees where Mr. Smith, of Appletree Flat, and two other men were lying tied on the ground. The bushranger told Willie that he would not tie him if he promised not to run away, adding, "If you break your word I'll put a bullet through you." The boy promised and went and sat down on a fallen tree. The bushranger took Willie's pony "to spare" his own horse. As he walked past Mr. Smith, he gave the tied man a kick, and said roughly, "You stopped me robbing the mail before, but I'll keep you quiet this time." He mounted the pony and went back to the road. Presently he returned with two other men whom he tied and robbed. He fired several shots from his revolver at a mark on a tree, "for practice" as he told Willie Cadell. Then he went back to the road again. He soon returned with two more men, who were treated as the others had been. There were now seven men and a boy held prisoners under the clump of trees by one man. The robber had also stopped Mr. Robinson, with two stock-riders, and had ordered them to round up the mob of fat cattle they were driving and remain on the flat until after the mail passed. Occasionally he would say to his prisoners: "The mail will soon be here now; then you can all go." He kept continually riding from the road to where his prisoners were and back. About half-an-hour after capturing his last two prisoners the mail coach turned off the road and came into the clump of timber, the bushranger riding behind and directing the driver where to go. There were four male and two female passengers. The women were told to go under a tree, and to "sit down and be quiet." The men were searched and tied. Then the bushranger coolly sat down and went through the letters. When he had finished he mounted the pony, and took the bridle of his own horse in his hand. "Youngster," he said to Willie Cadell, "you'll find your pony by the road." He then rode away. Young Cadell, who had replied "All right," began to untie the prisoners as soon as the robber was outside the clump. When all were loosed they walked out to the road. The pony was hitched to a tree and the robber seated on his own horse was waiting a short distance away. He asked them whether they were all right, and on being answered in the affirmative, raised his hat politely, said, "Good evening, ladies and gentlemen," and cantered away. The mail-man stopped to gather up the torn and scattered letters, while Messrs. Smith and Martin walked to Mudgee to inform the police, and Willie Cadell cantered away to perform the errand on which his mother had sent him.

The coolness with which this robber had acted throughout induced the belief among the public that he was no common amateur bushranger, but a member of the Gardiner gang. In fact it was said that he was no other than Johnny Gilbert himself. The _Goulburn Chronicle_ reported about this time that Gardiner and his gang had paid a visit to the Muswellbrook district, and suggested that one of them had committed this robbery on the way back to their own district. This, however, was disproved later, and it was then believed that the robber was one of the numerous young men who "turned out" with the intention of joining the gang and endeavoured to do something on the road to prove themselves worthy of being accepted as comrades by the redoubtable bushrangers. It was the custom of the time to attribute all highway robberies to Gardiner and his gang, but it is doubtful whether any of those recorded in this chapter so far were perpetrated by actual members of the gang. It was a time of intense excitement, and many of the more or less criminally disposed among the youth of the colony felt themselves impelled to take to the road and rob somebody. Some of these were captured; others were disillusionised and went back to their farms; while others either did join the gang or continued bushranging as independent parties. The next story, published a few days later, was that of the sticking up of the Mudgee mail on the Bathurst-Sydney Road, near the Big Hill, about sixteen miles from Bowenfels. Mr. Henry Edward Kater, manager of the local branch of the Australian Joint Stock Bank, was a passenger, and he had with him £5000 worth of old notes, which he was taking to Sydney to be destroyed at the head office of the bank. The bushrangers had received notice from some source that these notes were on the coach, and asked for them. Mr. Kater replied that they were valueless, as the numbers had been cancelled. "Never mind," replied the bushranger. "We can make a bonfire of them as well as you can." Mr. Kater declined to give them up, and stooped down. The bushranger immediately ordered him to "sit up straight and not try to come Robert Lowe on them," or he would be sorry for it. This, of course, was an allusion to the recent shooting of the man Heather by Mr. Lowe, as already related. Mrs. Smith, wife of a publican at Ben Bullen, who was a passenger on the coach, was very much alarmed. She was seated beside Mr. Kater, and screamed loudly. She had £200 in her pocket. The robber told her to get down and stand aside, adding, "We don't rob women." She was only too glad to obey. She sat down on a log beside the road. The other passengers were then ordered to dismount, and were eased of their valuables. When this duty had been discharged the robbers departed, one of them turning back to request Mr. Kater to ask Captain Norton whether "his spurs were getting rusty." The robbers were well-dressed and splendidly mounted. No doubt was entertained anywhere that they belonged to Gardiner's gang. A reward of £500 was offered by the Joint Stock Bank for the recovery of the cancelled notes.

In recording the principal robberies committed at this time by bushrangers who were not known certainly to belong to the gang, I have necessarily omitted to mention the robberies effected by the gang itself. It is now, therefore, time to return to the beginning of the year and take up the history of the gang itself. On New Year's Day, 1863, races were being held at Brisbane Valley on the Fish River, when Frederick Lowry and John Foley made a daring attempt to stick up the crowd, numbering more than one hundred persons. A man named Foran refused to be tied when called on to come out and was immediately shot by Lowry. Although he was wounded in the lungs Foran rushed forward and grappled with Lowry. Several other men came to his assistance, and Lowry was overpowered, while Foley, who had been engaged in tying the men, jumped on his horse and got away. Lowry was locked up in a room behind the bar of the publican's booth, but the booth was a mere shell, and he contrived to escape before the police came.

On February 27th Mr. Cirkel, publican at Stony Creek, Burrangong, was called out of his house and shot dead, after having been accused of having given information to the police. It was said that the men who committed this crime were Gardiner, Gilbert, O'Meally, and another whose name was not known. O'Meally was said to have fired the fatal shot. The party of bushrangers rode on to Mr. Myers Solomon's store at the "Big Wombat." Mr. Solomon, seeing them coming, attempted to run away, but was followed and brought back. A lad in the store vaulted over the counter and snatched a pistol from the belt of one of the bushrangers while the dispute was going on as to whether Solomon should be shot for attempting to "betray" them to the police. Another of the bushrangers immediately put his pistol to Mrs. Solomon's head and said to the boy, "If you fire I'll blow her brains out." The boy looked undecided. The bushranger cocked his pistol and swore that if the boy did not return the weapon he had taken the woman should die. The boy then stepped forward, laid the revolver on the counter, and said, "If it wasn't for Mrs. Solomon I'd stop your---- run anyhow." He was immediately knocked down and kicked.

The _Lachlan Observer_ of March 5th reported that Mr. Inspector Norton, who had recently relieved Sir Frederick Pottinger as head of the police force in the district, had been captured by the bushrangers. Captain Norton had been in pursuit of the robbers, and was returning from a long ride through the ranges, accompanied only by a black tracker known as Billy Durgan. On Sunday, 1st instant, he came suddenly on a camp some three or four miles from Wheogo. Billy, who was riding behind leading a spare horse, saw the fire first, and shouted "Here they are." Three of the bushrangers sprang up, mounted their horses, and came towards the officer. Billy advised him to "bolt," but the captain shook his head and replied "No good, Billy. Horse too much knock up." "Mine stop it too," said Billy. O'Meally and Patrick Daly fired as they approached, and Norton returned the fire until his revolver was empty, when he said "I surrender." Daly cried "Throw down your arms," and as Norton threw away his revolver another man galloped up and fired at him. At that moment Billy, the black boy, seeing the danger Norton was in, gave a yell, jumped off his horse, and threw his empty pistol in the bushranger's face. By this plucky act Billy no doubt saved Captain Norton's life, but the bushranger turned and fired at the black. Billy, however, kicked off his boots, sprang behind a tree, and shouted "Come on, you----." O'Meally replied, "We'll wallop you, you young----, when we catch you." At which threat Billy laughed, and replied "You catchem first." Daly and the other bushranger chased him, but Billy dodged about from tree to tree with all the agility of the black, pelting sticks at them, and laughingly telling them to "come on." The bushrangers fired at him several times, but with no effect, and at length gave up the chase and returned to where O'Meally was still guarding Captain Norton. After a consultation aside the bushrangers told the captain that they had mistaken him for Trooper Holliston. They intended to "do for" the trooper the first time they caught him. They detained the captain for about three hours, treating him very civilly, and then released him.

A few days later, Daly was arrested by Sir Frederick Pottinger. He was a native of the district, under twenty years of age. When brought up and charged at the police court, Captain Norton failed to identify him, but Billy Durgan exclaimed, when called upon for his evidence: "Mine know it, Patsy Daly like it brudder." Daly was placed on trial for having, in company with others, robbed Myers Solomon, store-keeper, of property, including money, horses, guns, revolvers, clothing, food, &c., to a large amount. George Johnson identified Daly as the man who had knocked the boy down and kicked him when he placed the revolver on the counter. Johnson called Daly a coward, and was told to keep quiet unless he wanted his "---- brains blown out." Johnson replied: "I'd like to meet you man to man fairly." Another of the bushrangers asked: "Will you stand up and fight me if I give you a pistol?" Johnson replied, "Yes," and stepped forward. The third bushranger, however, ordered him back, and told his mates to "quit fooling." Johnson and the other men in the store were then made to lie on their faces, with a bushranger over them on guard, while the other bushrangers selected what they wanted, packed it in bundles, and strapped it on the pack horses. While thus employed, the bushranger who had challenged Johnson kicked him in the ribs savagely, and told him to keep still. The other persons present gave their versions of the occurrence, but they differed little from what has been recorded above. Daly was convicted, and was sentenced to fifteen years' penal servitude.

On March 30th, two men called at James Brown's hut at Wallenbeen and asked for something to eat. Brown told his wife to give them some breakfast. It may be necessary to remark that such hospitality is common in Australia. Having eaten as much as they required, the travellers demanded Brown's hat and boots. After some dispute these were handed over. The boots were too small, and the man who wanted them took out his pocket-knife to cut them, when his mate said, "Oh, come on; we'll get plenty at McKay's." They left the boots, went out, mounted their horses, and rode away. They had only gone a few yards when they met Mr. Barnes, a store-keeper at Cootamundra, and his assistant, Mr. Hanlow, who was in charge of a branch store at Murrumburrah. The travellers ordered Barnes to "bail up." Barnes said, "I know you, O'Meally," and O'Meally replied, "I know you, you----. Get off that horse; I want him." Barnes wheeled his horse round and galloped away, and O'Meally followed. They galloped round the hill, back past the stockyard, and then down the gully out of sight among the trees. In the meantime, Hanlow was conducted by the other bushranger off the road to the stockyard, where they were soon joined by O'Meally. "Where's Mr. Barnes?" asked Hanlow, as the robber rode up. "Down there," replied O'Meally nonchalantly, pointing down the gully. "You haven't shot him?" inquired Hanlow anxiously. "Oh, no," replied the bushranger coolly, "he hit himself against a tree and tumbled off." Mr. Alexander McKay, the squatter who owned the stockyard, and whose house was not far away, had heard the galloping and shouting, and went on to the verandah of his house to ascertain the cause of the noise. It was then about half-past eleven a.m., and the day was Sunday. He saw one man chasing another, and thought it was a trooper after a bushranger. He watched them gallop down the gully, and saw the one he took to be a trooper shoot the other, and then wheel his horse round and gallop back without waiting to see whether the man who had fallen off his horse was dead or not. As O'Meally came nearer McKay recognised him, and his suspicions were aroused. He started to walk down the gully to the wounded man, when he was stopped by O'Meally who ordered him to go back and open the store, adding, "I want some boots and clothes for my mate. He lost his in a brush with the traps." Mr. McKay went to the store and gave O'Meally the things he had asked for. The bushranger then said he wanted fresh horses. McKay replied that the horses were never brought in on a Sunday and therefore he could not get them. "Ah," said O'Meally, "I had Chance from you. He was a good 'un. Well, I'll come some other time and get one." The bushrangers then went away and McKay and Hanlow walked down the gully to where Barnes was lying. They found that he was quite dead, and sent word to the nearest police station. An inquest was held next day, and a verdict of wilful murder was returned against O'Meally and another man whose name was unknown.

A day or two later Mr. Frank was riding from Lambing Flat (Burrangong) to Yass, when he was stopped by seven men whose faces were hidden by black crape veils. They ordered him to "shell out." "I've only thirty bob, boys," he replied. One of the robbers said "Oh, keep it. You'll want that to take you home again." Some of the others said that they knew him and he wasn't "a bad sort," so he could go. They asked him if he had seen any police on the road, and added that they wished to "meet the---- traps." After several minutes spent in conversation they rode off and Mr. Frank continued his journey.

Shortly after this Constables McDonald, Lee, and Nicholls traced John Foley to Mackay's Hotel, Campbell's River, with the aid of a black tracker. McDonald pushed the door of the bedroom in which he was told Foley had been sleeping, but the man inside leaned heavily against it to prevent it from being opened. After a struggle McDonald forced his revolver through the opening and fired round the corner. He did not hit the man inside, but the shot forced him to give way a little. The constable said, "Come along, Foley. We've got you. You can't get away." After a moment's pause Foley replied, "All right. Don't shoot." He stepped back and the door swung open. The police rushed in and handcuffed him. He was taken to Bathurst, where he was charged with having looted Mrs. Anne Webb's store at Mutton Falls, and with having aided and abetted other bushrangers in several robberies on the highway and elsewhere. During the trial it was noticed that Mrs. Foley, the prisoner's mother, was passing in and out of the court and communicating with the witnesses who had been ordered out of court. She was cautioned, but as she persisted in spite of the efforts of the police, she was ordered to be locked up for contempt of court. Timothy Foley, a brother of the accused, was also committed for contempt of court, and was threatened with prosecution for perjury for his attempts to prove an alibi. The prisoner was convicted and was sentenced to fifteen years' imprisonment, the first three years in irons. Another brother, Francis Foley, was sentenced at the same sessions to ten years' imprisonment for having raided the Chinese Camp at Campbell's River. Henry Gibson was also arraigned for bushranging. He admitted that he had been overseer on Ben Hall's station, but denied that he had ever joined Gardiner's gang. He was acquitted by the jury, and the verdict was received with some applause. As soon as order had been restored, the judge remarked that it would perhaps add to the general satisfaction if he informed the court that the prisoner would not go free in spite of his acquittal. He had before him a document which proved that the prisoner was an escaped convict from Victoria, and would therefore be detained until he could be returned to that colony to finish his sentence.

Hitherto the gang had continued to be known as "Gardiner's Gang," although it had been repeatedly asserted in the press that Gardiner had taken no share in the later robberies, and that in fact he had retired from "the profession" several months ago. It was said that notwithstanding the vigilance of the police, Gardiner had succeeded in escaping from New South Wales, taking with him the wife of a respectable farmer in the Burrangong district named Brown. The reports, however, were very contradictory. Sometimes it was said that he had gone to New Zealand. Then that he had made his way to California or to South America. In the meantime the gang continued to be as active as ever under the leadership of Johnny Gilbert and Ben Hall.