John CARROLL, Patrick KENNAGH, Eneas McDONNELL, John PHEGAN
John CARROLL
Patrick KENNAGH
Eneas McDONNELL
John PHEGAN
New South Wales Police Force
Regd. # ????
Rank: ALL were Special Constables
Stations: ?
Service: From ? ? ? to 9 January 1867
Awards: ?
Born: see below
Died on: Wednesday 9 January 1867
Event location: Braidwood
Cause: Shot – Murdered
Age: see below
Funeral date: ?
Funeral location: ?
Buried at: Braidwood Cemetery
[alert_green] John CARROLL, Patrick KENNAGH, Eneas McDONNELL & John PHEGAN are mentioned on the Police Wall of Remembrance[/alert_green] *NEED MORE INFO
John Carroll (a senior warder at the Darlinghurst Gaol) was the leader of a group of four men sworn in as special constables to search for and capture the Clarke Gang of bushrangers. The patrol consisted of Carroll, Patrick Kennagh, Eneas McDonnell and John Phegan. They were well-armed and in January, 1867 had for some time been posing as surveyors in the Braidwood area in an attempt to discover the whereabouts of the bushrangers. On the afternoon of 9 January the four men were walking through an area of very dense bush on Jinden Station, having left their horses behind on that day for some reason, when they were ambushed.
Witnesses apparently twice heard shooting in the area at that time but did not investigate until the following day. In a clearing in the bush McDonnell and Phegan were found, shot to death, and about 800 metres away Carroll and Kennagh were found, also shot to death. Carroll was found lying on his back with a neatly folded handkerchief on his chest with a one-pound note pinned to it. A large sum of money he was carrying in his pocket had not been touched. The wounds suffered by Carroll and Kennagh suggest that not only were they murdered, but that they were actually “executed”. It is generally thought (and also often disputed) that their attackers were members of the Clarke Gang, however this has never been proved.
The Sydney Morning Herald of 12 January, 1867 informed its readers of the following.
BRAIDWOOD – MURDER OF THE SPECIAL CONSTABLES.
Friday: The four special constables – Carroll, MacDonald, Fagan, and Kennagh – sent here to capture Clarke’s gang, were on a visit to a station at Jinden, when they heard that Clarke would be at a place two miles distant from there, the constables went on foot with the intention of endeavouring to capture him, and, it is presumed, were met by a lawless mob and shot dead. It is said that Carroll’s legs had been broken, and his feet turned to his head. The mournful news reached Braidwood last night, and caused universal indignation, and cast a gloom over the entire population. Mr. Griffin and Superintendent Orridge are now holding an inquiry.
Like Carroll, Kennagh and McDonnell were prison warders (McDonnell was also an ex-policeman), while Phegan had been chosen for the search because, as a former associate of the Clarkes, he knew the Braidwood area well. They had been authorised by Colonial Secretary Henry Parkes to undertake a “secret expedition for the capture of the bushranger Thomas Clarke and his associates.” They had been promised wages, reward money (if successful) and significant positions in the Public Service for their endeavours. This situation, of course, was not popular at the time with substantive New South Wales police officers. A monument was later erected in the memory of these men at the Braidwood Cemetery (and inexplicably, McDonnell is referred to as Eneas ‘McDonald’).
These murders represent the highest number of police ever killed in a single incident of this type in Australian history. It is only surpassed by the spearing of patrols of Native Mounted Police in Queensland in the 1860’s. (Ned Kelly killed three Victorian police officers in a single incident at Stringybark Creek in 1878).
Special Constable McDonnell was born in 1817,
Special Constable Carroll in 1829,
Special Constable Phegan in 1837, and
Special Constable Kennagh in 1841.
Clarence and Richmond Examiner & New England Advertiser ( NSW ) Tuesday 12 February 1867 page 3 of 8
Meetings of sympathy with the families of the special constables recently murdered continue to be held, and much indignation is expressed at the rottenness and inefficiency of our expensive military police force. A commission, with a great preponderance of officialism in it, has been appointed, to inquire into the circumstances of the late murders of the special constables, and the state of the Braidwood district. The public have little confidence in the fitness of the commissioners.
http://trove.nla.gov.au/ndp/del/article/63665154
http://trove.nla.gov.au/newspaper/article/112710985
Police and Bushranger descendants tour bushranger sites in district
Braidwood was overflowing with people during the weekend from visitors who had come to town for all sorts of events and celebrations.
The Police and Bushrangers Descendants who travelled from all over NSW and some from QLD came to enjoy the company of like-minded people and to learn more about the local Braidwood bushrangers and the policeman who were involved in their capture in April 1867.
The group was lucky to have many distinguished historians and authors who facilitated as commentators, guest speakers and experts. This was a well-run event.
The group would like to thank Paul and Annette Briggs and family who spent many long hours scheduling and organising the experience. As a result, all of the participants enjoyed their time in the Braidwood District. Paul Briggs is a descendant of Lionel Pottinger, one of the Special Police sent after the Clarkes.
The group gathered at the Braidwood Services Club on Friday night for dinner followed by a briefing on the weekend and guest speakers from within the group before their early start the next morning.
About 80 people, including local guests, gathered at the Garan Vale Woolshed at 8.15am on Saturday morning ready to depart for their day tour of the significant sites of the Connell and Clarke bushrangers in the Ballallaba, Krawarree, Jinden and Kain areas of the district.
The first interesting site was the Clarke residence on the Cooma Rd adjacent to Brick Kiln Creek where Jack and Mary Clarke (parents of Tom and John Clarke) lived. Peter Smith and Paul Briggs spoke and recited information about this site. Along the way Paul Hart provided information about several curious sites along the road, including Mrs Appleby’s store and house, the Willis homestead, Bendora and bridle tracks including the Rugby Track.
The group viewed the Nithsdale homestead and the surrounding property where the oldest of the Clarke children were born, during the 1840’s. This was also the location of the local Ballallaba police Station. Along the road, the tour mangers pointed out the Coles, the Church, the school, the Berriman and Connells family home sites.
The areas and locations of the Griffin brothers were also pointed out. These three brothers had substantial involvement in the Bushranging episode during the 1860s.
The site of a well known and notorious landmark, ‘Michael O’Connell’s Traveller’s Home Hotel,’ opposite Jim O’Connell’s house was pointed out. A few stories were told and a visit to the Gundillion cemetery provided a few photo opportunities of Michael O’Connell’s gravestone.
Morning tea was abundantly provided by the good hosts of the Deua Tin Huts. A few more stories were exchanged and were appreciated by all.
The group was eager to travel to Khan Yunis to locate the site of Berry’s Hut where the Clarke bushrangers were finally taken by a small but dedicated group of troopers in 1867.
A substantial luncheon was provided by the Gundillion Progress ladies at the local hall. After a delicious lunch, the group travelled to Jinden to visit the property of Janette and John Hindmarsh where the temporary burial site and the site of the killing of the four unfortunate Special constables was pointed out to the large group.
On travelling back to Braidwood the tour travelled along the Jerrabatgulla Road visiting the house site of Michael Connell senior and ‘Gilston‘, the family home of the Hart family. This is where Charlotte Hart, the wife of Tom Clarke grew up and lived. The group was bailed up by a couple of bushrangers who travelled on the bus to Braidwood ensuring that all travellers behaved themselves.
On arriving in Braidwood a quick stop at the local Braidwood Cemetery allowed the group to visit the final resting place of the Four Specials. The large memorial that was built to remember them was regarded with much interest.
On Saturday night a marvellous dinner and singalong was had at the Garan Vale Woolshed. Peter Smith led the vocals on several songs from the bushranging era to demonstrate how the community supported and even sympathised with the bushrangers during that chapter of Australia’s history, like this verse from the Kelly’s Byrne and Hart “..As high above the mountains so beautiful and grand, Our young Australian heroes in bold defiance stand, In bold defiance stand, my boys, the heroes of today, So let us stand together boys, and shout again, “Hurray!””
The weekend was topped off on Sunday with an interesting tour of the local Historical Museum and a tour of the Bedervale Homestead. Many thanks to Jill Clarke for her notes from the tour.
Miles O’GRADY
Miles O’GRADY
New South Wales Police Force
Regd. # ?
Rank: Constable
Stations: Nerrigundah
Service: From 15 June 1863 to 9 April 1866 = 2+ years Service
Awards: ?
Born: ? ? 1841
Died on: 9 April 1866
Cause: Shot – Murdered
Event location: Nerrigundah
Age: 25
Funeral date: ?
Funeral location: ?
Buried at: ?
[alert_green]MILES IS mentioned on the Police Wall of Remembrance[/alert_green]
On the morning of 9 April, 1866 Thomas Clarke and his gang of bushrangers appeared at Deep Creek near the Gulph Goldfields and spent the day robbing passing travellers. At nearby Nerrigundah, 19 km west of Bodalla, Constable Patrick Smythe was performing his duties alone. Sergeant Nelson Hitch was absent at Braidwood Court and Constable O’Grady was in bed seriously ill with ‘colonial fever‘ (probably cholera). When Clarke learned of the police situation at Nerrigundah he led his gang into the township. Upon their arrival they held up Wallis’ Hotel and Pollock’s Store. Mrs Pollock (wife of the local gold buyer), however, threw the keys to the safe into the street and the gang spent considerable time searching for them in the darkness.
News of the events reached Constables Smythe and O’Grady at the police barracks and, against the wishes of his colleague, Miles O’Grady arose from his sick bed and dressed in his uniform. The two constables then set out to engage the bushrangers although O’Grady was very ill, and was having difficulty walking. As they approached Wallis’ Hotel, the police spotted the bushrangers and O’Grady fired, killing bushranger William Fletcher. In the ensuing gun battle O’Grady was shot in the side and as both police fell back, the gang ran to their horses and escaped. O’Grady was carried to the police barracks where he died a few hours later in great pain.
The Mercury newspaper dated 16 April, 1866 announced the constable’s unfortunate death from the wounds received, informing its readers that “Additional news respecting Clarke’s gang states that they burned down a settler’s homestead near Moruya and robbed Pollock’s station [store?]of £800, and several others of smaller amounts! Constable O’Grady has died of the wounds he received. The ringleader has been identified as Tommy Clarke. The Government is now taking steps to outlaw all connected.”
The constable was born in 1841 and joined the New South Wales Police Force on 15 June, 1863. At the time of his death he was stationed at Nerrigundah.
The Kiama Independent & Shoalhaven Advertiser ( NSW ) Thursday 29 November 1866 p 3 of 4
The Bushranger Thomas CONNELL. – This prisoner, who was arrested by sergeant Byrne on Wednesday last, was charged at the Braidwood police court on Monday with the murder of constable O’Grady, at Nerrigundah, on the 9th of April last, and remanded to Moruya, there to be dealt with. Yesterday morning he was forwarded under escort of the police to Nelligen, en route to Moruya. – Braidwood Dispatch.
http://trove.nla.gov.au/ndp/del/article/106006894
At 1pm on 9 April,2016, a commemorative service and presentation will be held at the re furbished monument at Nerrigundah to commemorate the 150th anniversary of the murder of our brother, Miles O’GRADY, by members of the Clarke gang bushrangers. There will also be a presentation by the Moruya and districts historical society at 2pm. There will be a detachment from the mounted police as well as a flag party.
If interested the contact for this is A/Supt Greg Flood at Far South Coast LAC on 02 44789910.
Bushranger shootout in Nerrigundah commemorated with NSW Police flag ceremony
Posted
http://mpegmedia.abc.net.au/news/video/201605/Nerrigundah%20shootout%20mid.mp4
Well before anyone had heard of Ned Kelly, a gang of bushrangers robbed and murdered across an area from present day Canberra to the south-east coast of NSW.
The Clarke Gang have been dubbed “the bloodiest bushrangers”. They shot and wounded some of their victims, and killed others, and they’re suspected of killing all four of a police special squad sent from Sydney to track them down.
On April 9 1866 they killed Constable Miles O’Grady in a shootout in the then thriving mining town of Nerrigundah, which is now a quiet, isolated settlement of about 30 people, connected to the world by a public telephone.
Very little is left now of the many hotels, shops, houses and shacks that supported thousands of miners who came to the town during its 1860s gold rush, but a stone memorial to the murdered policeman stands proud.
The community and around 200 visitors gathered at that memorial on the 150th anniversary of the shootout to attend a NSW Police flag ceremony to honour Constable O’Grady.
The author of a book about the gang, Peter Smith, said that if bushrangers were measured by how violent they were, and how many people they murdered, then the Clarke Gang were at the top of the scale.
“They were a lawless lot that started off taking horses out of paddocks and returning the horses and claiming the rewards,” said Mr Smith.
“They drifted further into crime, then highway robbery, then full-scale bushranging.”
By the time they rode into Nerrigundah in April 1866 they had a fearsome reputation.
“They were an amalgamation of families that started in the area south of Braidwood,” Mr Smith said.
“The whole area south of Braidwood had a reputation for many years as a lawless area.”
The core of the gang comprised their leader Thomas Clarke and his brother John, together with their uncles, Pat and Tom Connell.
By 1865 Thomas Clarke had warrants issued for his arrest — for crimes that he denied.
He calculated that the police case was weak and he would avoid a conviction and so he surrendered at Braidwood. But the police by now regarded him as a notorious bushranger and were preparing cases that would see him imprisoned for a very long time.
Then when Clarke heard that he would be transferred to Goulburn Gaol and his trial heard there, he escaped from Braidwood Gaol.
“There was no return after that. He had to become a full-time bushranger,” Mr Smith said.
The gang came to Nerrigundah after travelling well south to the Bega races. Horse races were always an opportunity to steal another racehorse or perhaps someone’s winnings.
On their return north they held up the road leading into Nerrigundah, about five kilometres from town, robbing travellers as they came by. They shot and wounded one and beat up another.
Meanwhile, Constable O’Grady was severely ill in bed with what was then called colonial fever, his sergeant was away in Moruya, and the one remaining policeman was a newly arrived recruit, Constable Patrick Smythe.
[blockquote]
Once they were outlawed … they could be shot by anybody. There was no reason to surrender.
Peter Smith, author of The Clarke Gang[/blockquote][blockquote][/blockquote]
“It’s difficult to know that they really intended to come into Nerrigundah in the first place,” Mr Smith said.
“When they found out that the place was basically unprotected, it’s probably when they thought they’d come into town.”
Leaving two of the gang to guard their captives, the gang rode into town. With them was a new member of the gang, William Fletcher. It was to be his only day as a bushranger.
They rode to one of the hotels and began taking captives and robbing them.
Mr Smith said the hotel was across the road from Pollocks Store where there was “probably 200 or 300 ounces of gold, which in present days would be worth a million dollars or more”.
Word got to O’Grady on his sick bed a little further down the road, and with Constable Smythe they made their way up the road to confront the bushrangers.
The publican of one of the other nearby hotels, Mrs Jones, tried to stop O’Grady as he was so ill he was staggering.
His response was, “I will do my duty.”
The two Constables confronted the gang outside the hotel. The bushranger William Fletcher was the first to be shot, and then Constable O’Grady was shot, and the gang fled the town.
“Once they’d murdered a police constable they were outlawed,” Mr Smith said.
“Once they were outlawed it meant that they had no rights. They could be shot by anybody. Basically they were already condemned to death. There was no reason to surrender. They were committed.”
The Clarke Gang would eventually be tracked down but not until after more robberies and more killings. Tommy Clarke and his brother John would get a one-day trial and then were hanged.
Ever since that day in Nerrigundah, Constable Miles O’Grady has been a police hero.
Speaking after the NSW Police flag ceremony, Detective Superintendent Kevin McNeil said, “The poignant moment in his death is when O’Grady is staggering and Mrs Jones says ‘Don’t go’ and he says ‘I will do my duty’. And from that point on he’s doing his duty for the people of New South Wales”.
“He knew what he was confronting. This Clarke Gang was very famous. He knew all about the Clarke Gang. Later on they killed four police at Jinden Station near Braidwood. That’s how violent they were.
“That was the moment, yet he still went out there because other people were at risk, to protect their life and property.”
http://www.abc.net.au/news/2016-05-03/nerrigundah-clarke-gang-ogrady-bushranger-shootout/7379516
John WARD
John WARD
Late of ?
New South Wales Police Force
Regd. # ????
Rank: Senior Constable – appointed 1 May 1863
Stations: ?, Coonabarabran – Death
Service: From 1 February 1858 to 4 February 1865 = 6+ years Service
Awards: ?
Born: ? ? 1829 in England
Died on: 4 February 1865
Age: 35 – 36
Cause: Murdered – shot
Event location: Barney’s Reef
Event date: 3 February 1865
Offender – Sam Poo – arrested 15 February 1865
Funeral date: ? ? ?
Funeral location: ‘Birriwa Station’, Coonabarabran
Buried at: ‘Birriwa Station’, 3894 Castlereagh Hwy, Birriwa ( between Gulgong & Dunedoo )
Memorial located at: Coonabarabran Police Station – Memorial plaque.
Monday 28 January 2013 – Memorial Gardens at ‘Birriwa Station’ were dedicated to John Ward
[alert_green]JOHN is mentioned on the Police Wall of Remembrance[/alert_green]
FURTHER INFORMATION IS NEEDED ABOUT THIS PERSON, THEIR LIFE, THEIR CAREER AND THEIR DEATH.
PLEASE SEND PHOTOS AND INFORMATION TO Cal
May they forever Rest In Peace
On the morning of 3 February, 1865 Constable Ward was returning to Coonabarabran from a prisoner escort to Mudgee. Near the locality known as Barney’s Reef he was informed that a Chinese gold miner, Sam Poo, thought to be mentally unbalanced, started sticking up people on the road to Mudgee. He also kidnapped and raped a young woman. Ward was told that Poo was nearby in the scrub. After a short search Constable Ward located the offender’s camp and approached him. When the offender saw the constable he ran into the bush. Ward rode after him, and when he caught up, called on him to stand and drop his weapon ( a cut down shotgun ). Sam Poo aimed at the trooper and said “You policeman – me fire”.
The Trooper leapt from his horse and tried to use the animal as cover as he drew his Colt navy revolver. Ward‘s hesitancy in shooting the Chinaman proved to be fatal for him, for Sam Poo fired, hitting the policeman in the pelvic area. Ward fell to the ground, discharging one shot from his Colt in the process. He then fired twice more at the Chinaman, who was running away through the bush.
The trooper lay bleeding on the ground until he was found by Mr M J F Plunkett, the squatter on whose run the shoot out had taken place. Plunkett arranged for Ward to be taken to his homestead, and sent for the doctor who lived 50 miles away. The doctor arrived the next day, but examination showed that Ward was beyond medical help.
The trooper told Mr Plunkett that he knew he was dying and asked what would become of his wife and family. Later he dictated a full statement about his encounter with Sam Poo to the squatter. Ward said he was a member of the Church of England, and asked Plunkett to pray for him. This the squatter did using a book of Common Prayer. The trooper then asked the squatter to send for his wife and family. However, John Ward died shortly after giving his request, passing away on 4th February 1865. His family arrived at the homestead after he had been buried.
A meeting was held in Mudgee, where a large sum of money was raised for Senior-Constable John Ward’s widow and children. This support acknowledged the supreme sacrifice the trooper had made in the performance of this duty.
The murderer, Chinese bushranger Sam Poo, thought to be mentally unbalanced, was later captured and hanged, as described by the Clarence and Richmond Examiner of 2 January, 1866.
EXECUTION, AT BATHURST: Wednesday’s Free Press states that on the previous day, the Chinese convict Sam Poo, who at the last assizes was convicted of the murder of constable Ward, suffered the extreme penalty of the law, within the precincts of the gaol. In the absence of any of his countrymen outside the prison walls, three Chinese prisoners, who are at present confined in Darlinghurst Gaol, were brought to see the end of Sam Poo, there were also about a dozen other persons present besides the police and the officers of the gaol. The wretched man, who, ever since his apprehension has been quite weak in intellect, appeared perfectly unconscious of his fate, and until his arms were pinioned by the executioners, stood in the door of his cell clapping his hands. The ceremony of pinioning over, he was led to the gallows without speaking a word, or even lifting his head. The rope was fixed, the bolt drawn and Sam Poo ceased to exist. The body was, after the lapse of little more than half an hour, cut down, and taken away for burial.
The senior constable was born in England in 1829 and joined the police force on 1 February, 1858. In 1862 he became a member of the newly-formed New South Wales Police Force as a mounted trooper. At the time of his death he was stationed at Coonabarabran.
He was described as 29 years old, 5′ 10 1/2″ tall, had brown hair and blue eyes and his complexion was fair. Ward was promoted to Senior Constable on 1st May 1863.
Fallen officer is honoured 150 years on
Sam Poo, who committed the murder, achieved fleeting infamy as Australia’s only Chinese bushranger.
The gold prospector, apparently weary of thin pickings on the Talbragar claims, decided to switch jobs and take up bushranging. Fellow diggers were alarmed by news a man reported to look like a Chinaman had stuck up a woman and her little girl on the Mudgee Road. There were more reports of a Chinaman ”bailing up” travellers.
Ward, married with five children and with five years’ experience in the police force, was soon on his trail. On seeing his man after some hard riding, he called out ”Put down that gun.”
Poo responded: ”Me fire: you policeman.” And he did.
A stockman took the officer to his homestead. The nearest doctor travelled 80 kilometres to tend to him, arriving the next day.
By then Ward was reportedly beyond the reach of human aid and died soon after.
Two weeks later three constables aided by a ”smart half-caste Aboriginal stockman and tracker Harry Hughes” found Poo hiding in scrub. The fugitive was shot in the neck. He recovered at Mudgee Hospital and was later convicted of murder. He was hanged at Bathurst Jail in 1866.
Fast forward to the service last week, part of the NSW Police Force recognition of the sacrifice made by officers over 150 years of policing.
Inspector Scott Tanner, of the Mudgee area command, said: ”We were looking at how to mark the 150 years of policing. We have a plaque in Coonabarabran police station to John Ward and then there was the loss of Dave Rixon [the senior constable shot dead in Tamworth last March] so we started thinking about how to also remember John Ward – he walked the same streets that we walk today. When I first came here I lived in the house he had lived in.”
The grave of Senior Constable John Ward who was the OIC of Coonabarabran in 1865. Below are a few photos of the official opening in 2012 after restoration ( the 150th birthday of NSW Police ). Acting Commissioner Nick Kaldas, Ass Com McKechnie and descendents of the Ward family attended.
Samuel NELSON
Samuel NELSON
New South Wales Police Force
Regd. # ?
Rank: Constable
Stations: Moreton Bay, Collector ( 7.5 years )
Service: From 5 August 1857 to 26 January 1865 = 7+ years Service
Awards: ?
Born: ? ? 1823 – arrived in N.S.W., from England, aboard the ship ‘ Parsee ‘ in 1855
Died on: 26 January 1865
Cause: Shot – murdered
Location of Event: Collector, NSW
Age: 38
Funeral date: ?
Funeral location: ?
Buried at: Grave in the C of E portion of the Catholic and C of E Cemetery, Collector
Grave: 34 54’54S, 149 25’51E
Monument: 34 54’44S, 149 25’53E
[alert_green]THOMAS IS mentioned on the Police Wall of Remembrance[/alert_green]
Shortly before 6pm on 26 January, 1865 bushrangers Hall, Dunn and Gilbert attacked Kimberley’s Inn at Collector. At the time the local police were out searching the area for the bushrangers, and the only man on duty in town was the lockup-keeper, Constable Nelson. When news of the attack reached the constable, he remarked to his wife that he would simply “have to do his best” against the gang. As he approached the hotel, armed only with a police carbine with bayonet attached, the constable was shot by Dunn who had hidden behind a fence post. Nelson was hit in the chest by a shotgun blast and, as he staggered, Dunn fired again, hitting him in the face. He died almost instantly.
The bushrangers then stole the constable’s personal belongings and the carbine, and escaped. The entire incident had been witnessed by young Frederick Nelson, one of the constable’s nine children, who was also fired at by Dunn. Frederick Nelson would later go on to have a long and successful police career himself. Hall, Dunn and Gilbert all met with violent deaths shortly after this incident. Hall and Gilbert were shot dead by police, and Dunn was convicted of Constable Nelson’s murder and was hanged: fitting results for this extremely violent gang of criminals.
Many years after the murder the Australian Town and Country Journal dated 27 November, 1907 printed the following story.
BUSH RANGING DAYS RECALLED.
When Mr. Carruthers, in his capacity of Premier, visited the country some time ago, a spot was pointed out to him at Collector, in the Goulburn district, at which Constable Nelson was shot dead over 40 years ago, while assisting in the capture of the notorious bushranger, John Dunn. The then Premier promised that a suitable monument would be erected to mark the spot, and that has just been completed by Messrs. Ross and Bowman, of Pitt-street. It will be unveiled at an early date by the Treasurer, Mr. Waddell. The Metropolitan Superintendent of Police, Mr. Sherwood, has received a photo of the monument, which stands 9ft 6in high. It shows the stump of what “was at that time a tree near where Nelson stood when he received the fatal wound, and another higher stump behind which some of those held up by the outlaws took refuge. The monument bears the following inscription near the base: “Erected by the Government of New South Wales to the memory of Constable Samuel Nelson, who was shot dead on this spot while in the execution of his duty, by the outlaw John Dunn, January 26, 1865.” On the other side are the words, “In memory of a brave officer”.
The constable was born in 1823 and joined the police force on 5 August, 1857. In 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed at Collector.
Wollongong police memorials
-
ALEX ARNOLD
The NSW Police Force carries on its logo the phrase “Proud Traditions since 1862“, but capturing the history of these traditions at an operational level has never been a priority for the force.
However, almost 150 years after it was first formed, NSW Police – and Acting Southern Region Commander Gary Worboys in particular – is using history as a tool to instil pride in those wearing the uniform.
Three memorials for Wollongong police officers who died while serving the community were unveiled at Wollongong Police Station yesterday at a ceremony attended by family members and former colleagues of the deceased officers.
The memorials, located in the hallway of the detectives’ floor, feature images and biographies of the men as well as an account of the incidents that led to their deaths.
The memorial wall was Mr Worboys’ idea, with Senior Constable Dave Henderson given the task of completing the project.
Snr Const Henderson said the project had involved research through police archives, old copies of the Illawarra Mercury and interviews with family members.
Mr Worboys, who will return to his former role as Wollongong Local Area Commander at the end of the month, said he became inspired to record police history during his time as commander of the Goulburn LAC. It was there he heard about a policeman who’d been shot by bushranger Ben Hall’s gang at Collector.
Mr Worboys said research led to the discovery of the grave of the officer, Samuel Nelson, in a cemetery near the police station, but it was found to be an “absolute shambles“.
The grave was restored and distant family members invited to take part in a subsequent ceremony, proving to Mr Worboys the value of history to the police force.
“There is so much history associated with police stations, but as walls get painted and people move on we don’t capture that history.”
“The memorials and the stories they have attached to them provide officers with a link to the past and makes them realise they are not the only ones who have walked these corridors.”
Mr Worboys said the memorials not only represented distinguished service, but the trauma, grief and heartache suffered by families.
He said the last death of a Wollongong officer on duty was in 1969, and he hoped no more stories would be added to the wall: but the memorials were a reminder that policing was a dangerous occupation.
Among those at yesterday’s ceremony were Constable David Reiher‘s father Bruce, and Constable Ray Paff‘s widow Valerie, who described the memorial as “a wonderful tribute” to her late husband.
“It may have been a long time ago. But you never forget,” she said.
https://www.illawarramercury.com.au/story/602982/wollongong-police-memorials/
This is what Sam Nelson’s monument looked like in 1992. Better then, but it wasn’t looked after very well then or now, by the look of it. Posted on 26 Jan 2013
The Bushranger Hotel at Collector (formerly Kimberley’s Inn) showing Constable Sam Nelson’s monument. A memorial to a very brave (and probably very stubborn) man. RIP.
Grave in the C of E portion of the Catholic and C of E Cemetery, Collector.
Inquest on Constable Nelson.
( From the Herald’s Correspondent. )
On Friday last Dr. Waugh, coroner, held an inquest at Mr. Kimberley’s Inn, Collector, on the body of Samuel Nelson, who was shot by the bushrangers on the previous evening.
The following witnesses were examined : —
Mr. Edwards, who gave similar evidence to that given at the magisterial investigation, and which has been already published.
Maurie Mellan deposed : I am a labouring man, looking for work; yesterday afternoon I was stuck-up by bushrangers and detained till near dark ; I remained at the spot all night and this morning, coming towards Collector, when within about a hundred and thirty yards of this house I found two single barrelled fowling-pieces which had apparently been thrown carelessly down beside a tree ; I gave them to the police ; I believe the bushrangers were Gilbert, Hall, and Dunn.
Constable Bourke deposed that one of those guns was leaded with two balls, the other was not loaded.
Frederick Nelson, aged about eighteen, oldest son of deceased, deposed : I am farming about Collector, and resided with my father, the deceased ; my father was named Samuel Nelson, and was lock-up keeper here ; he was aged about thirty-eight years, and had been in the police force here about seven years and a half, and had previously been in the police force at Moreton Bay ; I had tea with my father yesterday evening, and afterwards went over to Mr. Waddell’s and remained there about half an hour and on leaving I saw my father in constable Bourke’s yard ; he left and walked towards home ; I did not speak to him as he was a good way off ; I had heard that the bushrangers were at Kimberley’s, and went towards there to see if it was true ; on my way I met Mr. Edwards, who told me it was true ; while I was going towards Kimberley’s my father was also doing so, but from a different direction, and got near the house before I did ; when my father got near a fence close by the house, a bushranger sprang from behind the fence and called to my father to stand, and fired immediately afterwards, on winch my father staggered into the road and called out ” Oh! ” the bushranger fired again, and my father fell ; I was inside the fence at this time, and about ten yards from my father; the bushranger called on me to stand, but I ran away, on which the bushranger fired at me, but did not hit me ; it was light enough for me to see, but not to recognise the man who shot my father ; I spread the alarm through the township of what was going on, and after a while my brother came and said that the bushrangers had gone, on which I went up to Kimberley’s and found my father’s body had been taken inside the house ; he was quite dead ; while this took place my brother was compelled to hold the bushrangers horses outside Kimberley’s house, having before this been compelled to march there, a distance of three miles ; when my father fell I heard his carbine fall from his hands on to the ground.
Dr. Hanford deposed : I have made a post-mortem examination of the body of the deceased ; on examining the body externally, I found a bullet wound midway between the nose and the ear on the left side of the face ; also a wound, two inches long and two and a half inches broad, on the left side of the chest, and twenty shot marks round the wound ; the wound took an oblique direction downwards ; the stomach was protruding through the opening ; on examining the cavity of the chest, I found the heart lacerated to the extent of one and a half inch at the anterior and lower half towards the left side; the remaining viscera wore healthy ; on examining the abdomen, I found several shots in the liver, and a portion of a wire cartridge with several shots in it, which I produce ; the shots correspond with those I have just taken from a wire cartridge given to me now; the stomach was perforated, but the other viscera were healthy ; the fifth, sixth, seventh, and eighth ribs on the left side were fractured; the brain and membranes were uninjured ; the ball most probably, passed into the deep muscles of the neck, as I could not trace its course ; death resulted from the wound I have described and no other cause.
Elizabeth Nelson, widow of the deceased, deposed : Yesterday evening I got word that the bushrangers were at Kimberley’s ; deceased was out but was speedily found, ran home, put on his belt, took his loaded carbine with the bayonet on it, and left the house saying, ” now, I am just going to do my best ; ” I did not again see him alive.
Thomas Kimberley gave evidence to that a already published, and added : The bushrangers brought down from upstairs and took away two single-barrelled fowling-pieces, both loaded with cartridge ; the guns now produced are the same ; the bushrangers took from me property to the value of about £26, consisting of boots and men’s and boys’ clothing, and a six-barrelled revolver ; directly after they went away some of the people who had been brought here or stuck-up by them, went to deceased and found him quite dead ; I have examined the place where deceased was found, and ascertained that it is about twenty yards from where the bushranger stood when he fired.
Thomas Mensey, a bootmaker, deposed to having been stuck up by three bushrangers and kept in custody till nearly dark ; afterwards returned to Mr. Kimberley’s, when he met the same parties within a hundred and fifty yards of the house ; believed them to be Ben Hall, Gilbert, and Dunn ; at Kimberley’s was told the bushrangers had just left.
Eliza Mensey, servant at Kimberley’s, deposed: I was here yesterday when the house was stuck-up by bushrangers ; I went upstairs with one of the bushrangers with the keys to open the drawers; he remained there a few minutes and conversed with me ; he told me his name was Hall, and that the man outside on guard was Dunn ; I was standing on the step outside the front door when the shot was fired ; the man who fired the shot was the man Hall called Dunn.
The jury returned a verdict that deceased was wilfully murdered by John Dunn, and that Benjamin Hall and John Gilbert were aiding and abetting. The jury added a rider strongly recommending the family of the deceased to the favourable consideration of the Government.
Sydney Morning Herald, 28 January 1865, p 7
Nelson, Samuel (1827–1865)
Goulburn correspondent:—Yesterday Hall’s gang stuck up about thirty pcrsons on the road, taking from them various amounts, from half-a-crown to £11 12s. Twelve drays were stopped. The robbers broke open cases, took a little clothing, and a double barrel gun. They drank bottled porter, and gave some to the people. Two watches were stolen, one horse, saddle and bridle. Judge Meymot passed along the road just before escorted by two troopers, Gilbert rode out from the bush, and constable Gray gave chase, but was called back by the Judge. The police on reaching Collector, were joined by two others, and accompanied by Mr. Voss and a magistrate, went in search of the bushrangers. After they had gone, Hall, Gilbert and Dunn, went into Collector and stuck up Kimberley’s Inn. On this reaching the ears of the lock-up keeper, Samuel Nelson, who was the only policeman there, he took his carbine and went up towards Kimberley’s. Dunn met him on the road, called upon him to stand, firing at the same instant. Nelson cried out “stop,” and fell. Dunn fired again. Both shots took effect, one on the head or neck, the other in the heart. Nelson never spoke after receiving the second wound. After he committed this murder, Dunn went to Kimberley’s Inn, and the bushrangers left the township. Subsequently the police sighted them on the brow of a hill and charged them, the bushrangers leaped their horses over logs and made off, and were lost sight of, the evening being intensely dark. They abandoned a stolen horse.
Mr. Voss held a magisterial inquiry on the body of Nelson last evening, and the coroner held an inquest to-day.
Nelson had been in the police force for some years, and was much respected. He leaves a wife and eight children. Two of his sons saw him shot; one was holding the bushrangers’ horses at the time.
The outrages by Hall’s gang cause great excitement here.
Goulburn, January 28th.
We have been kindly favoured with the following extracts of a letter from Mr. District Judge Meymott to his brother. Dr. Meymott. It bears date, Gunning, January 28th, and the writer says : —
I am thankful to be able to tell you that I have arrived safely at this place, about halfway between Goulburn and Yass. But though my journey from Goulburn has been safe, it has not been without adventure.
I left Goulburn about eleven forenoon, on Thursday, the 26th, escorted by two mounted troopers, one in advance, and the other immediately behind my carriage. I came by way of Collector, partly to visit Mr. Murray and partly in hopes of avoiding the bushrangers who were known or believed to be between this place and Goulburn. However instead of avoiding them, I fell in with them.
After having journeyed about eighteen miles, we had to descend rather a long hill winding through thickly wooded country. At the bottom of the hill was open country, and a lagoon called Rose’s Lagoon on the left ; on the right, rising hills highly timbered near the base, but increasing in thickness of bush towards the top, where it became dense forest. When near the lagoon, the trooper in advance galloped on towards the hill on the right, making signs to the man behind to follow, which he very soon did, and away they went at high speed up this hill. I drove gently down towards the lake, and, on nearing it, I saw eight or ten people under a tree near the water, about fifty yards off the road, and two drays and a cart, and several horses. I drove up to them and found they had been there, some two or three of them, since six in the morning (it was then past two), having been stuck-up by Ben Hall, Gilbert, and Dunn ; the number of persons stuck-up increasing as the day wore on. The spokesman told me that the ruffians had only a short time before lit a fire and ordered him to make tea for them, and they were about to have a meal (other prisoners being found in the cart) when Dunn who was on the look-out, spied my advance guard through the trees about half a mile off, and called out ” Here’s a — trap! ” Gilbert said, ” If there’s only one let’s face him. ” Directly afterwards, my carriage and the other trooper coming in sight, Ben Hall said, ” No, there’s more of them, let us be off. ” So saying, they leaped on their horses and galloped away as hard as they could up the hill I have described, and it was on my advance guard seeing them in the distance, that he put spurs to his horse and made towards that hill.
A few moments after I had joined the bailed-up party, my troopers returned, having lost sight of the bushrangers in the thickness of the bush. When the police heard who the men were, for they did not and could not know before (especially as they were fully a mile ahead when the trooper first saw them), they were desirous of going in pursuit. Mr. Voss, a magistrate, came up at that time, and, after a little consultation, it was thought best for us to come on to Collector. So we parted from the captives, who were very glad to be released, and came on to Collector, Mr. Voss, with what force he could collect, intending to go in pursuit of the bushrangers, and myself proceeding onward to Mr. Murray’s, about a mile and a half farther, which I reached in safety shortly after four o’clock.
But the exciting events of the day we not yet over, the worst part remains to be told. About eight o’clock in the evening, Mr. Edwards (Mrs. Murray’s brother), came in with the news that the highwaymen had been in to Collector, and had robbed one or two stores, and that while Hall and Gilbert were in a public-house and store kept by Mr. Kindesley, or some such name, (Dunn watching outside,) a policeman was seen to approach, and Dunn shot him dead on the spot. The gang then made off from the place, and, according to rumour, fell in with Mr. Voss and his party. Some shots were exchanged, and the thieves escaped, minus one horse, saddle, and bridle, which are now in custody of the police at Collector.
Mr. Edwards also said he had heard that before leaving Collector, the robbers had been heard to state that they meant to visit Mr. Murray’s.
This news, of course, created some excitement, but I am pleased to say, no weak, foolish fear among the household.
All the available men and arms were, as speedily as possible, collected, the entrances secured, and watch was kept by turns all night. About ten yesterday, the police came to Mr. Murray’s, to escort me onwards ; but as the bushrangers were still hovering about in the neighbourhood, I thought it best not to take away two out of the three policemen in the place, and that it was much better for them to stay where they were, in case their services might be needed. So we kept watch, and were all day under arms at Mr. Murray’s, and the police kept a good look-out about the town ; but all remained quiet.
This morning I heard of one report, that the gang had come on this way with the determination of attacking me for interfering with them the day before; but another report seemed to be more likely to be correct, viz. that they intended to waylay me and see me safe on the road for some miles with the police, and then to go back and finish robbing the town.
I left Mr. Murray’s about 10.30 a.m. with the two troopers and a civilian who was coming this way, and arrived here in safety. We met two villainous looking fellows on the road, whom the senior constable (Bourke) questioned, but could elicit nothing from them. They were doubtless Ben Hall’s scouts, and I think it very possible these fellows would soon have told Hall that I had passed on and that the gang would return to finish their work at Collector. If they do, they will meet with a warm reception, for special constables have been sworn in, and everybody round is prepared to give them battle.
EXECUTION OF JOHN DUNN FOR THE MURDER OF CONSTABLE NELSON.
(From the Empire.)
John Dunn, the notorious bushranger, paid the penalty of his misdeeds yesterday morning, upon the scaffold inside the walls of Darlinghurst Gaol.
At 9 o’ clock precisely the death-bell tolled, and the prisoner, attended by the Revds. Fathers Dwyer and McCarthy, came forth pinioned from his cell. These reverend gentlemen had been with him since eight o’clock, and it is satisfactory to know, that since his conviction he received their ministrations, and those of the Sisters of Charity, with sincere good will.
As they walked towards the scaffold the prisoner repeated in an audible voice the prayers after the Rev. Father McCarthy. Owing to the wound received at his capture, the unfortunate man limped along painfully, but still he bore himself bravely up, and appeared as cool and collected as any of the spectators. At the foot of the scaffold, Father McCarthy bade him adieu, and he dragged himself up the ladder, accompanied by the Rev Father Dwyer, who remained with him to the latest moment. When the rope was adjusted round his neck, he still continued to pray, and his lips were moving when the white cap shut out from him the crowd who faced him and the bright sunshiny morning. At this time, when only a moment intervened between him and death, he clasped his hands together, and not a quiver or tremor of the limbs betokened that he was afraid to die. He died indeed like a penitent Christian, without fear, and without bravado.
His death, owing to the length of rope allowed him, was instantaneous. As he hung suspended, he was absolutely motionless, and it is most likely, from the absence of nervous or muscular contraction, that the spinal marrow was completely disjointed. After hanging the prescribed time, his body was cut down, put into a coffin provided for him by his godmother, Mrs Pickard, and then carried to the hearse outside the gaol walls, where it was received with wailings and moanings from a great number of women collected there. Mrs Pickard, with the dead man’s brother and his uncle, followed the body in a mourning coach, which proceeded to the Catholic burial ground, near the Railway Station. The rites of the church having been duly performed, the body was interred amidst the tears and groans of a very motley lot of people, old women prevailing, the majority of whom seemed to have but little regard to the precept of the Apostle, that, “Cleanliness is next to Godliness;” and so ended the career of the youngest of Frank Gardiner’s gang.
Dunn, in conversation with the gaol authorities, attributed his fate to Gilbert and Ben Hall’s “Old Man ” who pursuaded him to leave his parents roof for a lawless and murderous life.
When he was received into the gaol he was in very bad condition, owing to the hard life he had led in the bush, and the suffering produced by his wound. He then weighed only 9 st. 6 lbs., but yesterday he weighed 10 st 8 lbs., thus showing that regular food and a resigned mind are conductive to health. Those who saw him at his trial were struck by his greatly improved appearance yesterday.
A day or two before his execution he wrote a letter to the governor of the gaol, and thanked him for his kindness and attention, and also to Mr Carroll, a warder, who was his chief attendant for a fortnight. On Sunday he was engaged up till midnight in religious duties. He then went to bed, and slept soundly till half past 6, when he rose, washed himself, and ate a hearty breakfast, and concluded his last meal with a pipe of tobacco. He then gave himself up entirely to the priests, from whose ministrations he derived great consolation; and he asked Father John to “stand close to him till the last moment.” He made no regular confession to any of the officials, nor did he deny his guilt.
An unusually large number of people assembled to see him hanged, and amongst them was a man who came from Windsor for that purpose. The spectators, amounting to about seventy, were deeply impressed with this last act in the career of Dunn.
We learn from reliable authority, that Dunn was born December 14th, 1846. His mother was in the service of Mr James Manning, brother of Sir William Manning, and was married to Dunn’s Father at the age of seventeen. Mrs Pickard, who is the wife of Mr W. P. Pickard, storekeeper to Mr Keele, merchant, was present at Dunn’s birth, and became godmother to him. She had a special order from the Colonial Secretary to visit the condemned criminal, and we understand she called to see him daily. She may be truly said to have behaved like a mother to him, and to have acted like a noble, kindhearted, good woman. When Dunn joined the bushrangers, his father rode in search of him in the hope of rescuing him from an evil life but his horse died from over-exertion, and he was compelled to return home from his unsuccessful search. Dunn’s parents are settled on a small farm and are in poor circumstances.
for grave 34 54’54S/149 25’51E
for monument 34 54’44S/149 25’53E
Page 48 in Beyond Courage
Hall gang re-enactment in Collector for 150th anniversary
Tim the Yowie Man takes a look at Collector’s Wild Colonial Day over the Australia Day long weekend. A re-enactment will commemorate the 150th anniversary of the Hall gang’s hold-up, which resulted in John Dunn killing Constable Samuel Nelson.
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Tim the Yowie Man
It’s the murderous event which put the village of Collector on the map. On January 26, 1865, outlaw John Dunn shot dead Constable Samuel Nelson outside the Kimberley Inn while his partners in crime, the notorious Ben Hall and Johnny Gilbert raided the hotel.
The brave Nelson, on being informed that the Hall Gang was in town, had earlier marched defiantly from the nearby police station towards the hotel with the aim of stopping the infamous mob of bushrangers in their tracks.
Next Sunday, to commemorate the 150th anniversary of the dramatic hold-up, a Wild Colonial Day is being held in Collector in which descendants of both Nelson and the Hall Gang will converge on the town.
One of the most anticipated highlights of the day is the planned re-enactment of the tragic events of January 26, 1865. Although playing out such a momentous event in our region’s history will be no doubt be entertaining for the crowd, I don’t envy the performers of the Gold Trails Re-enactment Group who will need to settle on an agreed sequence of events that unfolded on that fateful day in 1865, the exact details of which appear to have been lost in the mists of time.
One person who has spent months poring over the evidence is Boyd Trevithick, Nelson’s great-great-grandson. In doing research for his family history book, Believe Nothing That You Hear and Only Half of What You See: a compilation of sundry articles, facts, photographs, maps, poems and family anecdotes dating back to 1087AD, (self-published, 2011) Trevithick reports he was “constantly confronted with conflicting accounts”.
“Discrepancies exist as to precisely where John Dunn stood to shoot, what course Nelson took, the distance from which the shooting occurred, the times of the day, the words uttered, whether Nelson staggered forwards, backwards or towards the road and where exactly Nelson fell,” explains Trevithick.
Trevithick isn’t the only one to have struggled to provide a definitive account of the details leading up to Nelson’s death. Respected historian, the late Stuart Hume, whose widely lauded article published in the Goulburn Evening Post on January 26, 1965, to commemorate the 100th anniversary of Nelson’s death, wrote “to try and get an accurate account of what actually did occur is to find the wayside strewn with garbled, highly coloured accounts from old hands who’d ‘heered telled’ arguments from bush lawyers with a misguided sympathy for the bushrangers and bush balladists using poetic licence to cover a multitude of sins”.
Two of the most contentious issues concern what have subsequently become Collector landmarks – first, a rotting wooden stump standing next to the Bushranger Hotel, and second, Nelson’s final resting place.
1. Stumped
Trevithick reports that his “family members have handed down two versions of the role the stump played in events of 26 January 1865,” and he cites the following references to illustrate these disparate accounts.
The Queanbeyan Age (11/2/1908) reports “… The railing encloses the stump near which Nelson stood when he received his fatal wound.” Meanwhile, The Sydney Morning Herald (10/2/1908) reports “. Inside the railing [of the memorial] is one of the posts of the fence behind which Dunn concealed himself on approach of the Constable …”
Regardless of the significance of the stump, cynics have questioned whether it’s plausible that a 150-year-old stump could still be standing, suggesting that perhaps the stump isn’t the original from 1865 and, is, in fact, a ‘replacement’.
2. Grave diggers
Nelson died during the height of summer and with no morgue within cooee of the Collector, Hume reports, “research indicates that he was hastily buried without the aid of a minister in the grounds of the police station [still operational] … over the grave they struck a willow stave which grew, and, in the course of time, only the willow wept there”.
“Although there is currently no marked grave in the grounds of the police station, some old-timers did recall a willow growing there mid last century,” reports life-long local Gary Poile. However, the precise location of the willow may be a moot point for those who wish to pay their respects to the slain police officer, for it appears that Nelson was unlawfully exhumed about 50 years later.
Hume reveals that “just after World War I someone decided to remove Nelson’s remains from the Police Station without an exhumation order or permission from the family”. “Not knowing exactly where Nelson lay…they sank several ‘duffers’ till they struck paydust in the shape of the constable’s bones. These they reverently gathered and crawling through a hole in the dividing fence put them in a grave alongside the Kimberleys [in the neighbouring cemetery].”
According to Hume, with the public becoming more history conscious, some years later a cross was placed on the freshly dug unmarked grave in the cemetery and inscribed “Constable Nelson 1865”.
Neither Hume (nor Trevithick) uncovered the identity of those who allegedly moved Nelson’s bones, nor their motives. Trevithick hypothesises that it may have been “so that Nelson was buried in consecrated ground”.
While snooping around Collector this week I bumped into a couple of bushranger-era enthusiasts who questioned whether Nelson’s remains were moved at all. The duo suggested that a ground-penetrating radar, or perhaps something even more invasive, ought to be employed to prove the presence of remains.
I don’t know about you, but I think poor old Constable Nelson suffered enough trauma in the final moments of his life and that he should be left to lie in peace, wherever that may be.
Fact file
Collector Wild Colonial Day: Commemorating the 150th anniversary of the day Constable Samuel Nelson was killed on duty by John Dunn outside the Bushranger Hotel. Next Sunday, January 25, from 10am–4pm in Collector Village (about a 30-minute drive north of Canberra on the Federal Highway). Free admission.
Expect: Historical displays, re-enactments, bush poetry, author talks, food, wine, local produce, art and craft. Devonshire tea and all day barbecue.
For the kids: Horse and cart rides, face painting (small charge) and bushranger activities (if you dare!) all day.
Shoot-outs: The Gold Trails Re-enactment Group will perform a realistic re-enactment of the murder of Constable Nelson at 3pm near the Collector Police Station (Bourke St) and again outside the Bushranger Hotel (Church St) about 6pm.
Become a star: At midday, there will be a re-enactment of the trial of John Dunn, including an opportunity for “extras” to participate (scripts will be provided).
Don’t miss: The rare collection of guns and equipment used by bushrangers and police during the colonial period (in the Memorial Hall).
Nelson’s Grave: Located in the Anglican Cemetery in Bourke St. About 3.30pm, the NSW Police Chaplain will lead a graveside Memorial Service, followed by a wreath-laying ceremony.
The stump: Takes pride of place next to Nelson’s Memorial outside the Bushranger Hotel. Unfortunately, there’s precious little information on the state of the stump in 1865, so it’s difficult to determine if it’s the original. However, if any suitably qualified foresters would like to offer an educated opinion, I’d love to hear from you.
More: www.facebook.com/Nelson150 or ph: 0423 672 153
Gang-gang: 150 years ago – Constable Samuel Nelson shot in Collector
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Ian Warden
One hundred and fifty years ago this week the brigands Ben Hall, John Gilbert and John Dunn descended on Collector and Dunn shot dead brave constable Samuel Nelson. The gang fled. The Sydney press throbbed with the news. The murder was on 26 January and the inquest, held at Collector the next day, was reported in great and grisly detail by the Sydney Morning Herald.
Frederick Nelson, 18, eldest son of the dead man’s many children, saw his father shot dead.
” ‘A bushranger sprang from behind the fence and called to my father to stand, and fired immediately afterwards [with a shotgun], on which my father staggered into the road and called out “Oh!”. The bushranger fired again and my father fell. I heard his carbine fall from his hands on to the ground.
“Dr. Hanford deposed: I have made a post-mortem examination of the body of the deceased; I found a bullet wound midway between the nose and the ear on the left side of the face; also a wound, two inches long and two and a half inches broad, on the left side of the chest, and twenty shot marks round the wound; on examining the cavity of the chest, I found the heart lacerated … I found several shots in the liver … the stomach was perforated. Death resulted from the wounds I have described and no other cause.
“The jury returned a verdict that deceased was wilfully murdered by John Dunn, and that Benjamin Hall and John Gilbert were aiding and abetting.”
The New City of Canterbury Bankstown
Samuel Nelson
Samuel Nelson was born in 1828 in Chesterton, Oxfordshire, England. His Father was Samuel Nelson and mother Elizabeth Taylor. In England he married Elizabeth Goode who was born in 1828.[1]
They came on the ship called “Parcee” and arrived in Sydney on 11th January 1853. Samuel and Elizabeth could both read and write. They came with their three children who were born in England, Fredrick 6 years born 1846, Henry 1848 4 years, Jonas 2 years 1850. While the ship was at sea Elizabeth Nelson gave birth to Matilda Parcee Nelson. The ship anchored in Sydney and then proceeded to Queensland.[2]
Samuel Nelson worked at Drayton Darling Down’s then made his way to Collector N.S.W. which is between Canberra and Goulburn. Four more children were born at Collector Emma born 1857, Samuel 1860, David 1862 and Thomas 1864.
It was on a Thursday, Foundation Day 26th January 1865 in the country town of Collector, when the team of bushrangers, John Dunn and his group, were spotted in the District. They had bailed up Judge F.W. Meymott and two escorting troopers at Geary’s Gap a few miles south of the town. The gang of bushrangers were almost on the outskirts of Collector, when they bailed up a bootmaker named Tom Menzy; three farmers named Mitchell and William Deveron and James Bull; and a 16 year old boy named Henry Nelson – the constable’s son.
At the police station Constable Samuel Nelson was studying his day’s labour. He had chopped a good supply of wood and his gardens were in fine shape. He was looking forward to cleaning up a hearty supper and a quiet evening with his family, including his wife who was eight months pregnant with their ninth child. Suddenly, a young girl came running towards him calling “Mr Nelson come quickly the bushrangers are at the Kimberley’s Inn”, then shots from Dunn’s gun were heard.[3]
Samuel Nelson entered the station and put on his uniform, jacket and belt while Elizabeth his wife looked on in surprise. At the trial of Dunn, Kimberley’s Inn Keeper said “John Dunn came back from direction and said there one of your bloody are down”. When somebody asked who was shot Dunn said “a little sandy bugger”. Kimberley replied “I felt sure it was Nelson knowing he was a short sandy man”.
Some of the other people brought in the dead body of Constable Samuel Nelson who had a wound on his cheek and a large wound over his heart. Fredrick Nelson was fired upon by the accused. Henry Nelson was forced to hold the estranger’s horses under the threat of having his brains blown out.[4]
The trial of John Dunn on the 19th February 1866 jury returned the verdict of guilty, the sentence of John Dunn was to be hanged by the neck till he was dead. On the 19th March 1866 the 19 year old murderer was taken from Darlinghurst to the place of execution and was hanged.
http://www.canterburycommons.net/index.php?title=Samuel_Nelson
Edmund PARRY
Edmund PARRY
New South Wales Police Force
New South Wales Detective Force
Regd. # ????
Rank: Sergeant
Stations: ?, Gundagai
Service: From 5 May 1862 to 16 November 1864 = 2+ years Service
Awards: ?
Born: ? ? 1832
Died on: Wednesday 16 November 1864
Cause: Shot – Murdered
Event location: Jugiong
Age: 32
Funeral date: Saturday 19 November 1864
Funeral location:
Buried at: Gundagai Cemetery
( GPS: Lat: -35.051389
Long: 148.111944 )
Memorial location: Old Hume Highway (Riverside Drive) , Jugiong Memorial Park, Jugiong, 2726
( GPS: Lat: -34.823664
Long: 148.326496 )
EDMUND IS mentioned on the Police Wall of Remembrance
On 16 November, 1864 Sergeant Parry ( Gundagai ), Sub Inspector O’Neill ( Gundagai ) and Constable Roche ( Yass Police ) formed the mounted police escort for the Gundagai mail coach on its journey to Yass. Roche was seated beside the coach driver, Gundagai Police Magistrate Mr Rose was inside the coach and Parry and O’Neill followed on horseback. Shortly before 3pm as the coach approached the township of Jugiong, the escort was attacked by bushrangers Hall, Dunn and Gilbert. Sub Inspector O’Neill closed with Dunn and Hall and when he had emptied his rifle he hurled the weapon at Hall, striking him on the head. He then drew his revolver and fired at Dunn. Meanwhile, Parry and Gilbert fired on each other, with the bushranger calling on the sergeant to surrender. Parry continued to fight until he was fatally shot in the head.
The Australian News for Home Readers dated ( Monday ) 19 December, 1864 carried the results of an inquest into the sergeant’s violent death, informing its readers that “An inquest was held before Mr Rose, at Jugiong, on the body of the brave sergeant of police, when the jury returned the following verdict: ‘That on the 16th day of November, in the year of our Lord 1864, at a spot about four miles to the south of Jugiong ( the Black Springs ), in the colony of New South Wales, the deceased Edmund Parry did die from the effects of a gunshot wound, at that time and in that place wickedly, maliciously, and feloniously inflicted upon him by one John Gilbert, and that two other certain persons, named Benjamin Hall and John Dunn, were then and there unlawfully aiding and abetting the said John Gilbert in so feloniously destroying the life of the said Edmund Parry.”
The murderer Gilbert and accomplice Hall would later be shot dead by police in separate incidents, while Dunn (who would murder Constable Samuel Nelson at Collector less than two months after this incident) was destined to be hanged for his crimes.
The sergeant was born in 1832 and joined the New South Wales Police Force on 5 May, 1862. At the time of his death he was stationed at Gundagai.
Sgt Parry is buried at the Gundagai cemetery.
Senior Constable Wes Leseberg (NSW Police) portrays Sgt Edmund Parry in this upcoming Australian movie. Opening in December 2016.
first-look trailer for upcoming Australian bushranger film The Legend Of Ben Hall, out December 1, 2016. Start practising your pistol-twirling now…
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GPS Co-ords 34 49 25S/148 19 35E.
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Can I also say that the Police Station and residence at Jugiong were immaculate. Not something you see often these days but a pristine NSW Flag flying (not a tattered mess hanging from the flag pole that we see so often) and the yard and surrounds a credit to the OIC who no doubt works the majority of the time in Cootamundra or Tumut or Young or all three.
Parry, Edmund (1832–1864)
from South Australian Advertiser
On Tuesday afternoon the mail from Gundagai reached the hill at Deep Creek, about four or five miles on the Yass side of Jugiong, between 4 and 5 o’clock. Mr. Sheahan, of Jugiong, the mail contractor, and Mr. Bradbury, of Queanbeyan, were passengers by the coach, and had alighted to walk up he hill. They were some distance in advance of the coach. Mr. Sheahan was in the act of pointing out the spot where the mail was stuck-up a few weeks before, when three horsemen appeared on the top of the hill, and spreading out—one on each aide, the third in the centre of the road—they galloped towards the coach. On coming near it was noticed that each had a revolver in his hand, and the order was given by Ben Hall to “Bail up.” Hall pointed and told them to “walk up there; we have got a little township there.” After going up the hill for some distance, they were ordered to turn off to the left, and approached a spot where twelve teams were stock up, as well as a number of horsemen. The mail was then stopped. Mr. Sheahan was asked if he had any money; he replied that he had not, and they might search him if they liked. Hall declined to search, remarking that Mr. Sheahan was not a “bad sort of fellow.” Bradbury was then searched; although he handed them a cheque for one pound, stating that that was all he had, yet they examined his pockets, and asked him if he had not a watch. They got nothing from him but the cheque, and subsequently, on his telling them it was all he had to carry him on the road, the cheque was returned. Hall and his companions then took out the mail bags, six in number, and cut them all open. Before proceeding to examine the letters they asked Mr. Sheahan and Mr. Bradbury if they would have some wine. They answered “Yes,” when Hall called to one of the teamsters to “fetch over port wine.” The wine was brought, in a quart pot, and a portion of it drunk by those present. The examination of the mail-bags meanwhile proceeded, the three bushrangers sitting down on the ground with the bags before them. The letters were speedily ransacked of any bank-notes they contained, Mr. Bradbury remarking to them that they sorted the letters much quicker than was generally done in Sydney. Mr. Sheahan asked if he would be allowed to sit down, and Hall told him he could do so. Mr. Sheahan availed himself of an empty mail-bag close beside him, and noticing a large number of whole and half cheques, remarked that they were of no use to them, and asked permission to gather them up. The bushrangers consented, and Mr. Sheahan was enabled to bring on to the Yass Post Office his coat pocket as full of cheques as it would hold, as well as three bank drafts. The coach and passengers were kept an hour before they were permitted to depart, Mr. Sheahan and Mr. Bradbury gathering up the remains of the letters and placing them in a mail bag. On the bushrangers completing their work, the driver of the coach pushed on as fast as possible to Yass, and reached here only half an hour behind time. The matter was instantly reported to Sub-Inspector Brennan, who, with a couple of mounted men, took the road within half an hour.
It was fully expected in town that the mail on Wednesday would also be robbed, and the spot where it was expected to take place was mentioned to the police before they left Yass. The anticipation was realised, and even the locality surmised as the scene of the outrage proved to be the spot selected. The mail is due in Yass at eleven a.m., and as it is generally very punctual to the time, and not having arrived at a quarter to twelve, it began to be thought very likely that it had been stopped. A few minutes before twelve it was heard approaching, and much anxiety was felt to learn what had occurred to cause its detention. It was then ascertained that on the mail leaving Gundagai, Constable Roche, of the Yass police, who had gone as guard of the mail the previous day to Gundagai, and Mr. Rose, police magistrate of Gundagai, were its occupants. It was escorted by Sub-Inspector O’Neill, and Sergeant Edmund Parry, of the Gundagai police. On reaching within about four miles of Jugiong, at a place known as the Black Springs, Hall and his companions appeared from behind some rocks. The moment they were noticed a signal was made from the coach to the Sub-Inspector and Sergeant to ride up, which they at once did; and one of the bushrangers remarking that “the bobbies” were with the coach, Gilbert said “There are only two of them; come on, let us rush them.” They then darted towards the coach, and on getting near the police called out “Come on you —— wretches; we will fight you like men.” A deadly encounter followed, in which poor Parry, who acted very bravely throughout, was shot through the shoulder and dropped dead. Before, however, narrating what transpired in the encounter with the police, we may state that Hall, Gilbert, and Dunn took up their position on the road early in the day, and stuck up a large number of teams and two carts, the latter followed by 20 or 30 Chinamen. Amongst those detained were a son of Mr. Owen Ryan, of Derrengullen Creek; Mr. Hayes, wife, and young man, who were in a buggy; and others, to the number of 40 or 50. Some considerable time before the coach came up Constable McLaughlin, of the Gundagai police, approached, leading a pack horse. Gilbert rode up to him and ordered him to surrender, but he replied by a shot from his revolver, which was returned by Gilbert, who then turned his horse and rode off a short distance. Hall then took up his position and fired at the constable, who again discharged his revolver. Hall’s horse stumbled, and Dunn rode up and fired at McLaughlin. The constable discharged the six barrels of his revolver in the encounter, and then surrendered, some nine or a dozen shots having previously been fired at him by the bushrangers. Dunn remarked that one of the constable’s shots was a very good one, and they would “have it in for him” on that account.” The constable was added to the mob of captives. The coach subsequently came in sight, and the affray commenced as stated above. Constable Roche, who was on the coach armed with two large pistols, a six barrel revolver, and a carbine, is stated to have slipped off the coach when the fight began, and to have darted into the bush, carrying his firearms along with him. He did not subsequently appear on the scene. Gilbert fought with Sergeant Parry, who refused to surrender, and discharged every barrel of his revolver before he fell; Hall and Dunn attacked Sub-Inspector O’Neill, who first discharged his carbine, and then several shots from a revolver. On Parry falling dead, the Sub-Inspector surrendered. The bushrangers disarmed him, and took from him a ring and his watchchain, but we believe he was permitted to keep his watch on his informing them it had belonged to his father. The horse Mr. O’Neill rode was, however, taken, one of the bushrangers remarking it would make “a good pack-horse.” It seems singular that the driver of the coach did not take advantage of the proceedings going on to put his horses to their mettle and save the mails. This, however, he did not do, for Hall and his mates on the termination of the fight ordered Mr. Rose to throw out the bags, which the bushrangers cut open in the usual manner, and appropriated all they desired. The mail was a very heavy one, and it is supposed they secured a large amount of money. From Constable McLaughlin they took £7105; from Mr. Rose a watch and chain. We have not heard what was taken from Mr. Hayes, but he was searched; the lady who accompanied him they did not molest. Gilbert is said to have turned over poor Parry’s body, and to have remarked—”He’s got it in the cobra (head) ; I am sorry for him, as he was a game fellow.”
We may state that the bushrangers informed the police that they intended to rob the mail next day (Thursday), and told them to send as many police men as they liked, and they would fight them. On the mail reaching Yass on Wednesday night Sergeant Scully, who was in charge of the force in the absence of Sub-Inspector Brennan, at once despatched five mounted men, four of whom are connected with the Goulburn force, and had reached Yass the previous day, after eight days’ unsuccessful search for the whereabouts of the bushrangers.
The coroner’s jury returned the following verdict:—”That on the 16th day of November, in the year of our Lord, 1864, at a spot about four miles to the south of Jugiong, in the colony of New South Wales, the deceased Edmund Parry did die from the effects of a gunshot wound, at that time and in that place wickedly, maliciously, and feloniously inflicted upon him by one John Gilbert; and two other certain persons, named Benjamin Hall and John Dunn, were then and there unlawfully aiding and abetting the said John Gilbert in so feloniously destroying the life of the said Edmund Parry.”
Parry, Edmund (1832–1864)
from Portland Guardian (Vic)
Sergeant O’Neill‘s report of the recent murderous affray with Hall and his gang: Gundagai. 17th November.
“Just returned from Jugiong with the remains of Sergeant Parry. Yesterday morning early I started with Constable O’Loughlin to Jugiong, with instructions to the police station there to be at readiness to relieve Sergeant Parry and myself, who would escort the down mail to Jugiong.
At 11 a.m. Sergeant Parry and I left here riding behind the coach. Constable Roach, from Yass, was with the driver on the box set. When we got within four and a half miles of Jugiong, we there found sixty or seventy people, including Constable McLoughlin, some carriers, a lot of Chinese, and others, stuck up by Mr. Hall, Gilbert, and John Dunn.
Sergeant Parry and myself charged the bushrangers, when a deadly encounter ensured.
Ben Hall and Dunn opened fire on me and Gilbert on Parry. We all fired simultaneously several times. I had one bullet pass through the upper part of my sleeve, and one in left side of coat, neither injuring me.
Sergeant Parry was less fortunate. He received two mortal wounds, one in his left side and another in the back of his head, and he died immediately.
Constable Roach, on witnessing the engagement, took his carbine, revolver, and two old pistols with him and bolted into a paddock of Pring’s, where he took shelter. Had he stood by us Parry‘s life would have been spared, and Gilbert shot.
After emptying my revolver and rifle, I let the latter fly at Hall, striking him severely on the left side of his head. He and Dunn then had hold of my horse, and all was over—Parry shot, I a prisoner and Roach an absconder. The party having rifled the mail bags left.”
http://oa.anu.edu.au/obituary/parry-edmund-13623/text24380
GUNDAGAI. Friday, 8 p.m.
After Hall’s gang left the scene of the encounter with the mail escort, the dead body of sergeant Parry was taken on to Jugiong, where an inquest was held, Mr. Rose, district coroner, who was a passenger in the coach, was an eye-witness of the tragedy. A verdict of wilful murder was given against John Gilbert, Benjamin Hall, and John Dunn, and warrants issued for their apprehension.
The remains of Sergeant Parry was brought in a coffin to Gundagai yesterday, and buried to-day with every mark of respect and commisseration for the fate of so brave a man. All business was suspended during the day.
The encounter was witnessed by several persons, who were detained by the bushrangers, and who, as well as Mr. Rose, speak in the highest terms of the courage of sub-inspectors O’Neill and sergeant Parry.
MURDEROUS ENCOUNTER BETWEEN HALL’S GANG & THE
POLICE, AND DEATH OF SERGEANT PARRY.
IT has unhappily been our duty during the past few months to record a series of high-handed outrages and deeds of blood, which are rendering this Colony a bye-word throughout the civilised world. Our exchanges from every part of the globe contain annals of crime committed by the bushrangers of New South Wales, — crimes unparalleled save by the banditti of Italy, degrading to us as a people, the commission of which renders the Government of the Colony positively criminal for the apathetic and ineffectual efforts which they have made. The time for mincing our words has long since past. The position of affairs in the interior of New South Wales is a disgrace to any civilised community. Our legislators appear to be too much engrossed in party quarrels, and our Government in their own aggrandizement, to properly estimate the enormity of the crimes which are being daily committed in our southwestern districts, within a couple of hundred miles of the head-quarters of a police system which cost a colony containing some 350,000 inhabitants, during the past year £242,715 7s. 11d. What wonder will it be if we hear of the people whose lives and properties have been rendered insecure taking the law into their own hands, and, following the example of California, establishing Lynch Law. Much as such a system is to be deplored, we question if it would not be preferable to the present state of things.
During the past four months Morgan has murdered two police sergeants and and unoffending bushman. His immunity from arrest has probably rendered Hall and his gang from paying much regard to human life, for we find them following his example with all the recklessness which has marked Morgan’s career. The culminating act of Hall, Gilbert, and Co.’s villainous career has been that perpetrated on the 16th ultimo. On the morning of that day Hall, Gilbert, and Dunn took up their position on the road about four miles from Jugiong, and stopped all passers by. Among the number were several residents of Tumut, Mr. Johnstone, of Gundagai, about a dozen teamsters, and thirty Chinese. About noon Constable McLaughlin, going to Jugiong, was stopped by two bushrangers. Gilbert rode up and ordered him to surrender ; his reply was a shot from his revolver, which was returned by Gilbert, who then rode off a short distance. Hall then fired at the constable, who again returned it. Dunn also fired. Some of the shots cut McLaughlin’s bridle rein, and slightly wounded his horse. Having used the whole of his ammunition, and being hotly pressed, he galloped away hoping to be able to reload ; but Dunn being better mounted followed, and, firing at him, ordered him to surrender. Having no other alternative he did so, and was conducted to where the other persons were detained. On searching McLaughlin they took £7 10s. and his watch and chain, but returned the latter to him, as they admired his bravery in resisting three of them.
About three o’clock the mail from Gundagai came in sight, escorted by Sub-Inspector O’Neil and Sergeant Parry on horseback, and Constable Roach, who was seated on the box with the driver. The bushrangers rode down the hill to meet the coach, and on being perceived by Mr. Rose, Police Magistrate at Gundagai, who was a passenger, that gentleman raised his handkerchief as a signal for the police to close up, and as they did so the bushrangers turned and rode off, but seeing there were only two policemen they drew their revolvers, and rode back to meet them, screaming like madmen. The first shot fired was the signal for Constable Roach to drop from his seat and bolt into the bush, leaving O’Neil and Parry to maintain the murderous contest ; the former being opposed to Hall and Dunn, and the latter to Gilbert — the two latter fired shot for shot. Parry was first wounded in the head, but refused to surrender, and, having fired every shot in his revolver, was in the act of unslinging his carbine when Gilbert again fired. The ball entered his back on the left side, passed through his body — and the brave fellow fell from his horse a corpse. O’Neil continued fighting until his ammunition was expended, when, seeing the uselesness of prolonging the contest, he surrendered, and was taken prisoner. Dunn and Gilbert then mounted guard on the road, while Hall ransacked the mail bags ; the latter asked O’Neil where the other constable had gone to, and, on hearing he had bolted, remarked, “You should dismiss the fellow at once ; he is a coward and wretch to leave you and your mate to fight ; but I will say this for you both, you are two game men.” Hall then addressed himself to Mr. Rose, asking his name. Mr. Rose gave it, and told them in a fearless manner that he was Police Magistrate of Gundagai, to which Hall replied, “You are as bad as the —— traps.” “That may be,” said Mr. Rose, I am what I am.” After disposing of all the booty the bushrangers decamped, taking the police horses and arms. The remains of Sergeant Parry were removed to Jugiong, where an inquest was held next day by Mr. Rose. The jury returned a verdict of wilful murder against John Gilbert, Benjamin Hall, and John Dunn, against whom warrants were issued.
Sergeant Parry was formerly a member of the detective force, and during his residence in this city was remarkable for his good conduct.
The Government have recently issued a proclamation offering £1,000 reward each for Hall, Gilbert, and Dunn, and we trust that some energetic colonist may speedily enrich himself, and rid the country of one of its plague spots.
http://trove.nla.gov.au/newspaper/rendition/nla.news-article63512220.txt
Queanbeyan Age and General Advertiser
Thursday 1 December 1864, page 2
Thomas SMYTH
Thomas SMYTH
Late of ?
New South Wales Police Force
Regd. # ????
Rank: Senior Sergeant – Death
Stations: ?, Lambing Flat, Albury – Death
Service: From 8 February 1858 to 4 September 1864 = 6+ years Service
Awards: No find on It’s An Honour
Born: ? ? 1830
Died on: 29 September 1864 in the Imperial Hotel, Albury
Age: 33 – 34
Cause: Shot – Murdered
Event location: Doodle Cooma Swamp
Event date: 4 September 1864
Funeral date: ? ? ?
Funeral location: ?
Funeral Parlour:
Buried at: Albury Cemetery, 460 Buckingham St, North Albury, NSW
Memorial located at: Memorial stone and plaque are located 2 kms west of Henty on Pleasant Hills Rd ( the Lockhart Rd )
[alert_green]THOMAS IS mentioned on the Police Wall of Remembrance[/alert_green]
FURTHER INFORMATION IS NEEDED ABOUT THIS PERSON, THEIR LIFE, THEIR CAREER AND THEIR DEATH.
PLEASE SEND PHOTOS AND INFORMATION TO Cal
May they forever Rest In Peace
In late September, 1864 the sergeant was camped in the bush with three troopers near Albury during a search for bushrangers, when two men, one of whom the bushranger Daniel Morgan, crept up and fired several shots into the police tent. One shot hit the sergeant, entering his shoulder and exiting through his back. Despite these wounds the sergeant was able to return fire, forcing the offenders to retreat and escape. Sergeant Smyth was soon treated by a doctor however he died of the effects of the wound within a couple of days. The vicious Morgan was shot to death by a farmhand in April, 1865.
The Empire newspaper dated 5 October, 1864 printed the following brief account of the incident.
DEATH OF SERGEANT SMYTH – It is with deep regret that we have to record the death of Senior-Sergeant Smyth, at Albury, on Thursday night, from the wound he received in the cowardly night attack a few weeks back at Doodle Cooma Swamp. It was at first hoped that the unwearied care of Dr Wilkinson would have brought him round; but haemorrhage having set in, little hopes were entertained of his recovery, and he gradually sank until he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable. Previous to his being stationed at Albury he was at Lambing Flat, on leaving which town be was presented with an address by the inhabitants, expressive of their appreciation of his valuable services in the repression of crime on that large goldfield.
The McIvor Times and Rodney Advertiser of 23 September, 1864 printed a detailed account of the incident.
“THE BUSHRANGER MORGAN.
A party of police, consisting of Senior Sergeant Smyth, Senior Constable Baxter, Constables Connor, and Maguire, and a blackfellow named Jimmy Reed, were camped on Sunday night at Dougal’s [sic] Swamp, near Keighran’s station. They had just got tea, and were lying in the tent yarning, as is usually done by persons camped out. They had no sentry on guard – that duty being delayed until they “turned in” for the night. Suddenly their discourse was cut short by a volley being fired into the tent amongst them. Sergeant Smyth immediately jumped to his feet, calling on his men to follow him – he firing two shots in the direction he fancied the volley came from. The men who rushed out of the tent immediately after him, scoured the bush in every direction, as well as the darkness would allow them, but failed to find any traces of the ruffians; but, from the tracks discovered at daylight next morning, they must have overrun the bushrangers in the dark.
“They remained in the scrub about an hour, when they, after some consultation, deemed it better to return to the tent, which, considering that the night was dark, arid the surrounding scrub would completely shelter the attacking party, was, to say the least, attended with some danger. Baxter and Connor crawled on their hands and knees to the tent, and found Smyth lying on his back dangerously wounded, and fast bleeding to death. They took everything out of the tent and, having covered poor Smyth up in the few blankets they had, they managed to convey him to Keighran’s station, he still bleeding and suffering great pain, where they remained until daylight. Constable Baxter and the blackfellow then took up the track near the tent, and started to follow the ruffians up. The other two constables proceeded to the Ten Mile Creek, to give information and obtain medical aid for Smyth.
“Superintendent McLerie who was proceeding to Sydney on sick leave, happened to be at that place; and he immediately ordered his buggy to be taken off its springs, and the body to be used as a stretcher to convey Smyth to Ten Mile Creek. From the position of the bullet holes in the tent, there cannot have been less than five bushrangers. There are seven bullet holes in the tent; the bullets were picked up inside of it, some of them belonging to a large bore pistol. Constable Connor had a very narrow escape. He was lying down, leaning on his elbow, in the tent, when one of the balls went through the sleeve of his coat, inflicting a slight wound about two inches above the elbow joint. Superintendent McLerie has deemed it necessary to return to Albury for the present. Sub-inspector Morrow and a party of police have started from Albury in pursuit of the bushrangers; and Sub-inspector Zouch has left Wagga Wagga on similar duty.
“A strange incident occurred in connection with this cowardly attack. Shortly after the party were camped, two men came up and were admiring the site chosen for the camp, remarking that they could not have chosen better. They are well known as bush “telegraphs,” being the two men to whose house Sergeant Carroll traced Morgan some time back. Sergeant Smyth’s wound is a very dangerous one. The ball entered immediately above the nipple of the left breast, following the course of the ribs, and came out under the left shoulder-blade; so that, while the wound may not be considered mortal, yet fatal results may ensue from it. The people are greatly excited on this murderous attack, which in cold-blooded treachery far surpasses the Lachlan escort robbery.”
The Empire newspaper dated 5 October, 1864 printed the following brief account of the death of the sergeant.
“DEATH OF SERGEANT SMYTH
It is with deep regret that we have to record the death of Senior-Sergeant Smyth, at Albury, on Thursday night, from the wound he received in the cowardly night attack a few weeks back at Doodle Cooma Swamp. It was at first hoped that the unwearied care of Dr Wilkinson would have brought him round; but haemorrhage having set in, little hopes were entertained of his recovery, and he gradually sank until he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable. Previous to his being stationed at Albury he was at Lambing Flat, on leaving which town he was presented with an address by the inhabitants, expressive of their appreciation of his valuable services in the repression of crime on that large goldfield.”
In April 1865 the vicious and cowardly bushranger Morgan was shot to death by a farmhand in at Peechelba Station, near Wangaratta (Vic).
The sergeant was born in 1830 and joined the police force on 8 February, 1858. In 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed at Albury.
http://trove.nla.gov.au/ndp/del/article/30580797
Senior Sergeant Thomas Smyth to get a proper gravesite after he was murdered by bushranger ‘Mad Dog’ Dan Morgan in 1864.
It’s taken 153-years but moves are finally underway to give some restitution to Senior Sergeant Thomas Smyth, who was murdered by notorious bushranger ‘Mad Dog’ Dan Morgan in the hills near Henty in 1864.
Sergeant Smyth’s unmarked grave is now set to receive a memorial headstone to rectify what is believed to have been an administrative oversight lost in the 1951 transferral of Albury’s three cemeteries from church to council.
Police officers, both active and retired, had bemoaned as “a sad end and undignified burial” of Senior Sergeant Smyth after he was shot trying to recapture the bushranger, who had been terrorising the region.
In 1864, ‘Mad Dog’ Morgan had recently committed his second and third murders before he arrived in the Henty area. Widespread fear and an outcry from the press at the time saw the reward for Morgan’s capture raised to £1000, and parties of special police were sent to track and capture him.
On September 4, Senior Sergeant Smyth had set up camp with three troopers in the Henty hills, when Morgan and another man crept up and fired several shots into the police tent, hitting the sergeant in the shoulder and exiting through his back. Morgan later said he had been watching the camp for some time.
Despite his wounds, the sergeant ran out of the tent and returned fire, forcing the offenders to retreat. The wounded officer then collapsed. He was transferred to Kiamba and then Albury where doctors claimed he was recovering, before he hemorrhaged several times.
The Empire newspaper dated October 5, 1864 reported that “he yielded up his brave spirit on Thursday night. He was a very deserving officer, possessed of more than average intelligence and shrewdness, which eminently fitted him for a police officer. His courage was unquestionable”.
Senior Sergeant Smyth was buried in an unmarked grave in an Albury cemetery, however there is a memorial stone on Pleasant Hills Road just outside Henty.
NSW Police is hoping to rectify other unmarked police graves. Dan Morgan was holding hostages when he was shot dead in Victoria by a farmhand in April,1865.
This excerpt is from an Australian Government site about bushrangers:
“Daniel Morgan brought discredit to the popular ‘currency heroes’ by his mixture of violence, abuse and seemingly meaningless murders. Morgan claimed his innocence at his first conviction in 1854, at the diggings near Castlemaine, which he said was ‘framed‘ by a squatter. During his time at Pentridge Prison, he developed a violent dislike for police. Upon his release, he began a campaign against society at large and the police in particular.
Morgan once took issue with an overseer’s wife when the man was away on business, demanding money from her as he forced her against a blazing fire until she suffered severe burns to her legs. Morgan also tried to burn squatter Isaac Vincent by setting fire to his woolshed after he had tied Vincent to a nearby fence. After Morgan bailed up coaches, he would stampede the horses – sending them and their drivers to destruction.
Eventually he was shot and captured in 1865 after being outwitted by a nursemaid and station hand at Peelhelba Station near Wangaratta, owned by the McPhersons.”
The story Restitution for murdered police officer after outcry over his unmarked grave | Photos first appeared on The Daily Advertiser.
David MAGINNITY
Sergeant David MAGINNITY
Murdered – Shot
Tumbarumba
24 June, 1864
The sergeant was returning to Tumbarumba from a patrol to Copabella with Constable Charles Churchley when they encountered another rider on the road. When the sergeant cantered up to the rider a shot was fired almost instantly. The sergeant’s horse then plunged into the bush, carrying its mortally wounded rider. The stranger was later identified as the bushranger Daniel Morgan. The sergeant’s body was recovered the following day. The Wynyard Times newspaper dated 27 June, 1864 carried the following account.
THE ENCOUNTER WITH MORGAN AND DEATH OF SERGEANT MAGINNITY.
It is our painful duty to record the death of Senior-sergeant David Maginnity, of Tumbarumba, who was, on Friday last, shot dead by the notorious bushranger Morgan. It appears that early on Thursday, Sergeant Maginnity, accompanied by constable Churchley, left Tumbarumba for Copabella, a distance of twenty miles. On their return next morning, they encountered Morgan within five miles of Copabella, at about half-past ten o’clock. At this time Churchley was a little in advance of Maginnity, when the latter, seeing Morgan, cantered up to Churchley, and hurriedly inquired of him who that was. Almost before receiving a reply, he rode smartly up to Morgan’s side, Churchley being about fifteen or twenty yards to the rear. Morgan instantly fired at Maginnity, whose horse thereupon rushed into the bush. At the same time, Morgan’s horse took the opposite direction, leaving Churchley on the road, but as his horse was completely knocked up he soon lost sight of both of them.
The vicious and violent Morgan, who also murdered Senior Sergeant Thomas Smyth near Albury three months after Sergeant Maginnity’s murder, was shot to death by a farmhand in April, 1865.
The sergeant was born in 1815 and joined the police force on 8 July, 1853. Previously a member of the Mounted Road Patrol, in 1862 he became a member of the newly-formed New South Wales Police Force. At the time of his death he was stationed at Tumbarumba.
Alexander McGEE
Alexander McGEE
New South Wales Police Force
Regd. # ?
Rank: Inspector
Stations: B District – Sydney
Service: From ? ? ? to 22 May 1860 = about 20? years Service
Awards: ?
Born: ? ? ?
Event location: Castlereagh Street near Liverpool St, Sydney, NSW
Event date: 26 March 1860
Died on: Tuesday 22 May 1860
Place of death: ?
Cause: Shot – murdered
Age: 46
Funeral date: Thursday 24 May 1860 @ 3.15pm
Funeral location: ?
Buried at: Devonshire St Cemetery
Upon the closing of Devonshire St Cemetery, McGee’s body was exhumed and relocated to
Rookwood Cemetery, Presbyterian Section, 5C, Plot 4554
Memorial at:
ALEXANDER is NOT mentioned on the Police Wall of Remembrance
* But should be
Between 11pm and 12 midnight on 26 March, 1860 Constable Connaughty was on duty in Goulburn Street, Sydney when he saw two soldiers ( William Pike and Patrick Hughes ) carrying rifles. Believing them to be deserters he followed them along Sussex Street, across the Haymarket and along Pitt Street until he spotted Inspector McGee, Sergeant James Rush and Sergeant Francis Rooney, who were out looking for soldiers who had deserted from the 12th Regiment.
The four police officers then followed the soldiers until, when near Liverpool Street, they began to run. Rush and Rooney quickly caught up with Hughes while McGee and Connaughty chased Pike into Castlereagh Street where he suddenly stopped and pointed his rifle at the inspector.
Pike then said, ” If you attempt to take me I will shoot you. “ McGee replied, ” Do not fire, coward. “ Pike then ran a few steps, chased by McGee, before turning around and firing at the inspector from point blank range. The bullet struck the inspector in the right groin area, exiting from his lower back. He died from the effects of the wound four weeks later.
The Sydney Morning Herald of Tuesday 12 June, 1860 reported that ” The Central Criminal Court is sitting. The two soldiers, Pike and Hughes, have been tried for shooting Inspector McGee. Hughes was acquitted, but Pike convicted of manslaughter, and sentenced to three years hard labour in gaol. Hughes was in custody when the shot was fired, and as to Pike, as he was only carrying firearms, which at present is no offence against the law, the arrest of him was not justified as an act of police duty…”
At the time of his death the inspector was aged 46 years and had been a police officer for about 20 years. At the time of his death he was stationed in B Division, Sydney.
NSWBDM – Death Reg 707/1860
Bathurst Free Press and Mining Journal ( NSW )
Saturday 31 March 1860 p 3
OUTRAGE.
Two soldiers belonging to the 12th regiment were brought before the Court in their regimental dress by constable Connaughty, charged, the first with feloniously, shooting, intending to murder Inspector Alexander McGee, and the second with aiding and abetting in the same. Their names are William Pike and Patrick Hughes.
Witness stated, that between 11 and 12 o’clock last night I saw the prisoners in Goulburn-street with firearms in their possession (two Enfield rifles.) Believing they were about to desert, I followed them along Sussex-street down to the Haymarket and from thence into Pitt-street. I there met Inspector McGee, Sergeant Rooney, and Sergeant Rush. We then followed the prisoners into Liverpool-street, where they began to run. Hughes was pursued by Sergeants Rush and Rooney, who succeeded in apprehending him.
The other prisoner continued running and was pursued by Inspector McGee and myself. As he turned the corner of Castlereagh-street, prisoner (Pike) said ‘ If you attempt to follow me I’ll shoot.‘ Finding that we were still pursing him, he presented his rifle. McGee, who was close beside at the time said ” don’t fire you coward,” and prisoner immediately run on for about 10 or 15 yards, and when we got within about a length of his rifle, he turned round, and without saying anything, shot McGee through the thigh. So soon as the prisoner fired McGee said ‘ I am shot.’ I asked him where ? he replied through the thigh. In the mean time I secured the prisoner, who the moment he fired, said, ‘ Oh, you have pulled the trigger. ”
Sergeant Rush deposed as follows : About twenty minutes past 11 o’clock last evening, I was at Cowell’s public house at the corner of Goulburn street, in plain clothes. Pike came in with a rifle, the barrel of which was partly covered by the skirt of a woman’s dress. I noticed blood on his hands. Immediately after entering, he called Hughes in, who was standing at the door, but the latter replied, ” No ; don’t you see, you b—-y fool?” Hughes then put his piece, which was clipped, to the charge. They both then went away, and l fancied that, although in plain clothes, Hughes knew me. I then followed them into Sussex-street where, whilst turning round they saw me, and brought their pieces to the charge. Hughes at length said to me, ” Can you tell me where the old Australian Inn is ?” their pieces being still charged towards me. I told them, yes, and that I would go and show them if they chose.
They then brought their pieces to the trail, and I proceeded in company with them. I said, you seem to have just come off a long journey, having your firearms with you. They said they had just come from Melbourne, and were going to a place near Dixon’s mill.
After we had got near the spot indicated, Hughes said, ‘ You had better not come any further.’ but I persisted in following them to the Hay Market, where they had some conversation. They then presented their arms at me and I went away and put on my uniform coat. Immediately after I came up with them again in Pitt-street, where I also saw Inspector McGee and told him what had occurred.
Prisoners next went into Liverpool street and instantly began to run. Sergeant Rooney was at this time close behind, and whilst McGee pursued, Pike stopped Hughes, who thereupon brought his piece to bear. I knocked it aside twice with one hand and struck him in the head with my fist, which caused him to stagger. I took advantage of the opportunity and clasped him round the waist with my two arms, including in the fold the rifle also.
In the mean time Rooney came up and wrenched the rifle from his grasp. Whilst in the act of apprehending him, I heard some one ‘say, ” If you come any further I’ll shoot you, ” and soon after I heard the report of a gun.
I produce the rifle which we took from Hughes. It is loaded and capped. On searching him at the station house, I found in his possession 19 rounds of ball cartridge and 25 percussion caps which I also produce. ( Several rounds of ball cartridges, together with some percussion caps, were also found on the other prisoner. )
Sergeant Rooney gave evidence much to the same effect as that of the previous witnesses.
John Marshland, a sergeant belonging to the 12th Regiment, recognised the two prisoners, who he said had no authority to be out last night. He believed that they effected their escape by climbing the walls. Soldiers were never allowed to carry firearms through the streets except when on duty.
As Inspector McGee is at present dangerously ill in the Infirmary the Bench remanded the case until this day week. — Empire of Wednesday.
http://trove.nla.gov.au/newspaper/rendition/nla.news-article63597117.txt
The Sydney Morning Herald
Wednesday 23 May 1860 p 1
http://trove.nla.gov.au/newspaper/article/13040895
The Sydney Morning Herald
Wednesday 23 May 1860 p 8
141, York-street, late of 54, King-street.
late of 64, King.street.
THE LATE INSPECTOR McGEE.
IN our obituary of yesterday we had to record the death of Inspector Alexander McGee, of the police force, of Sydney. ” We have long been expecting to make this announcement, for it was on the 26th of March last that McGee, in the firm and intrepid performance of his duties, received the gunshot wound from which, to use the more than ordinary picturesque language of the bar, he, up to the 22nd May ” did live and languish, and languishing ” did die.
The particulars of the occurrence which caused this lamentable event have been recorded in our columns, and are reproduced in the appended, report of the inquest which took place yesterday. The funeral will take place at three o’clock to-day ; and, when it is over, we shall have to add some particulars of Mr. McGee’s career in the police force, all of which we may say are highly creditable to him as a public officer in whatever grade or rank he moved. We are happy to say that we have been informed by the superintendent of Police that a pension to the widow of £50 can be afforded out of the Police Fund.
It is a somewhat singular coincidence that this will be the second instance of relief from the Police Fund which has Mrs. McGee will receive. She was formerly married to a man of the name of Watson, in the police force, who, while conveying a prisoner to the watchhouse, was so seriously kicked in the back that consumption was induced, and he speedily died. On that occasion the donation of £100 was paid to the widow out of the Police Fund. Still we think that some testimonial from the citizens in token of their approval of the gallant conduct of McGee is eminently due.
THE INQUEST.
Mr. J. S. Parker, the city coroner, having, assembled a jury, and viewed the body, commenced the inquest in his office at ten o’clock yesterday morning. The names of the gentlemen who composed the jury are as follows : James Carroll, foreman ; Morris Castle, Edward Sadlier, J. J.E. Lisak, Frederick M. Moore, William Hankin, Thomas S. Pope, R. C. Hordern, John Balantine, Patrick Fox, Timothy Lane, Charles Frazer, and David Baxter.
William Pike, the soldier charged with firing the shot at the deceased ; and Patrick Hughes, charged. with being an accessory thereto, on remand from the Police Court, were brought before the Court by Inspector Foran. The first named prisoner is a young man of about eighteen years of age ; and the other is ‘ something above twenty. The former held down his head, and throughout the inquiry appeared to feel the awful nature of the situation in which his misconduct had placed him ; but the latter appeared intelligent, and asked a number of questions from several of the witnesses.
James Rush, sergeant of police in the B. Division, on being called, deposed as follows : At about half past eleven o’clock on the night of the 26th March last, I went into the Sportsman Inn, at the corner of Pitt and Goulburn streets ; was in plain clothes at the time ; while in the act of drinking a glass of ale a soldier, whom I believe to be the prisoner Pike, came in with a rifle in his hand ; I observed blood on the back of his left hand, and on the rifle something like part of a woman’s dress ; I thought there was something wrong in the soldier having a rifle with him ; I gave Mr. Cowell, the publican, a wink, and turned round for the purpose of closing the door, when I observed another soldier outside with his rifle at the charge pointed towards the house ; the soldier inside said, ” come in and have a drink,” to which the soldier outside replied ” come out of that you b—-y fool, don’t you see ? ” I did not think it safe to interfere ; the soldier in the house, after drinking a glass of ale, went out ; I remarked to Cowell “there is something wrong; I will follow them ; ” I did follow them ; they went down Goulburn-street, and passed constable Potter ; when I came up to constable Potter I told him to follow them at some distance ; when they reached Sussex-street they turned to the left, and went down Sussex-street South ; I saw a Policeman standing at the corner of Sussex and Goulburn streets, and he was joined by constable Potter immediately afterwards ; as I followed after the soldiers I heard one of them remark, ” I tell you it is not ;” I saw that the rifles were capped ; I came up by the men, and Hughes said to me, ” where is the Old Australian Inn? ” I replied ” I do not know ; I know Stewart’s Australian Inn, and I will show it you.” I further remarked ” I suppose you are strangers in Sydney, having your rifles, and come off a long journey;” Hughes replied ” we have just come up from Melbourne by the steamer,” which I knew to be false. When the prisoners got near Mr. Cooper’s wine stores, Sussex-street South, they turned to the right. I said ” you had better not go that way or you will get bogged, it takes you into the harbour.” Hughes said “you had better come no further.” I said ” I will ; I live that way, and am going home; I will show to you the house you asked for,” I saw two policemen coming down Sussex street towards us. The soldiers proceeded into George-street, and passed over to the Haymarket, talking to each other, but I did not hear what they said ; while passing over the Haymarket they turned round and presented their rifles at me ; I thought it best to retreat, which I did very slowly ; as soon as I got out of the soldiers’ sight I ran in to Goulburn street, and asked Mr. Quigley, a publican, to lend me a black coat, which he did ; I went up Goulburn street and met inspector McGee coming out of Durand’s-alley with a female prisoner and several constables ; I said to inspector McGee “there are two soldiers out with rifles, and I think they mean mischief :” he asked ” Where are they? ” and at the same time the soldiers passed up Pitt-street. McGee said ” Come on, let us take them ” I laid hold of the inspector and said ” You had better not go, they will shoot you ; I have changed my clothes since the soldiers last saw me, they will not know me; I will get them into a public-house, and while there you can come up with some other men and secure them;” he replied “that will be the best way ; I followed the soldiers up Pitt-street ; they turned into Liverpool-street, and as soon as they turned the corner I heard some person running ; the soldiers turned round and commenced running also ; I was on the prisoners’ right at the time, and I stepped over and faced Hughes; he presented his rifle at me ; I hit the rifle aside, and struck at the man, but the blow did not take effect ; the soldier stepped back and placed his rifle on my chest ; I knocked the rifle aside again and struck the man on the forehead, which cut his forehead and staggered him ; I flung my arms around him and the rifle and held him tight ; at that moment I saw sergeant Rooney passing, and I called out to him to come and take the rifle ; he came and wrenched the rifle from the prisoner Hughes’ hands ; I then let the man go and knocked him down, and while he was down I, with the assistance of sergeant Rooney, secured him ; I then said to sergeant Rooney, “go and see where the inspector is,” and at the same moment I heard the words ” stop or I will shoot you ” ; in reply, I heard the deceased say, ” Don t fire, you coward ;” immediately afterward I heard the report of a gun ; about half a minute after that sergeant Rooney and constable Connaughty came round with the prisoner Pike ; I took the rifle and found by the smell of gunpowder, as also by its feeling warm, that it had been recently used ; I then picked up the rifle lying on the ground, and found it was loaded and half cocked; with the assistance of the other two officers I took the two prisoners to the B station-house ; I searched Hughes and found on him nineteen rounds of ball cartridge, between twenty and thirty percussion caps, and a stopper to fit in the rifles; I also saw nineteen rounds found on the prisoner Pike; each prisoner had a package broken, as though a charge had been taken out of them ; the next morning the prisoners were brought before the Police Court : on that day (27th March), I went to the Victoria Barracks, and in my presence the charge now produced was drawn from the rifle taken from Hughes ; in the afternoon, as the prisoners were being brought out of the Central Police Court, the prisoner Pike said, “How is the man that was shot? I replied “He is very bad ; you had better not say anything to me about this charge, or I shall give it in evidence against you ; ” he then said, I did not intend to shoot him ; ” I said. ” you did very wrong in bringing your rifles out at all ” ; he answered, ” we wanted something before we left Sydney, as we intended to have taken the bush if you had not come across us.”
By a juryman : I do not know whether the prisoners knew me when they first saw me at the public-house ; they had ample opportunity to shoot me while I was following them ; had I not gone away when they told me, at the Haymarket, I should have been in danger of my life.
By the Coroner : I produce a piece of lead given me by Mr. Dixon, who said he found it in his house ; he lives in Castlereagh. Street, near where the deceased was shot ; the prisoners appeared to know what they were doing, but they were excited ; I saw Mr. McGee at the Dungate Inn the same night, and asked him if he was much hurt ; he replied, ” hurt, yes. ‘ The prisoners declined to ask this witness any questions.
Francis Rooney, sergeant of police in the B division, deposed : On the night of the 26th March last was on duty in company with the deceased, inspector McGee, in Goulburn-street ; sergeant Rush came and reported to us that two soldiers, having guns in their possession, were in Pitt-street, and that one of them had his hands smeared with blood ; all three of us proceeded into Pitt-street at once, and we observed the soldiers going along the middle of the street towards Liverpool -street ; each of the soldiers had a gun ; they turned up from Pitt to Liverpool street, and were walking quickly ; we followed them ; we were dressed in police uniform, and the soldiers were dressed in their military uniform ; we ran after the soldiers, and they, apparently seeing us, ran up toward Castlereagh-street ; sergeant Rush was in advance of me and the deceased ; I saw sergeant Rush lay hold of the prisoner Hughes by the neck and put his arms round his (Hughes’) arms ; the prisoner still held the gun under his arm, and sergeant Rush tried to shift it ; I and the deceased came up, when the prisoner pointed the gun at me ; I caught hold of the gun, pushed it aside, and wrenched it out of his hands ; sergeant Rush then knocked the prisoner down and secured him ; the deceased started off after the other prisoner (Pike), who turned round into Castlereagh-street; a few seconds afterwards, I heard a report of a gun in the direction in which the prisoner had ran ; I left the prisoner Hughes in charge of sergeant Rush, and followed after the deceased, and when I turned the corner I saw the deceased being carried by two men into the Dungate Inn ; I followed after the prisoner Pike, and when I came up to him he was in the custody of constable Connaughty ; I assisted to secure the prisoner, and we proceeded with him to where I had left sergeant Rush with the prisoner Hughes, and we then took both prisoners to the B division watch house ; both prisoners appeared sober, cool, and fluent ; The same night a report was received from the military barracks that Patrick Hughes and William Pike were absent from the barracks with firearms and ammunition ; I am not positive whether the prisoners wore belts when apprehended ; they had no side firearms ; the gun taken from Hughes was loaded. The prisoners declined to ask this witness any questions.
Timothy A. Cowell said ; I keep the inn known by the sign of the Sportsman, at the corner of Pitt and Goulburn streets ; at about five minutes after eleven o’clock on the night of the 26th March last, the prisoner Hughes and a civilian came into my bar ; the civilian called for a pint of ale, which he paid for, and which was drunk between them ; Hughes drank part of his and went outside, and during his absence sergeant Rush came in in plain clothes ; both prisoners came immediately afterwards, each having a rifle in his hand ; Mr. Rush looked at the men with suspicion, and appeared as though he was going to close the doors on them ; one of the rifles had part of a woman’s skirt on it, much smeared with blood I said to Mr. Hush ” there is something wrong them” he replied, ” I will follow them and see what they are up to;” the soldiers then went away, and Mr. Rush followed them; half an hour afterwards I saw the two soldiers come up Pitt-street, and Mr. Rush came up Goulburn-street ; Mr. Rush had changed his coat ; he was followed by inspector McGee and three or four constables, and they all followed the soldiers up Pitt-street ; I closed my door and followed after the police ; just after turning the corner of Liverpool-street, the soldiers commenced running, and the police after them ; I saw Mr. Rush seize hold of Hughes, and I went to assist him I saw Hughes twice place his rifle against Mr. Rush’s breast, as if he wanted to let the rifle off ; before I could render any assistance, sergeants Rush and Rooney had Hughes on the ground and secured ; I then went into Castlereagh -street and saw the barrel of a rifle projecting from a butcher’s shop, and I saw Mr. McGee and two other police officers in front of the rifle ; the rifle was let off, and Mr. McGee said “I am shot;” I took hold of him and assisted him to sit down, and also assisted to put the handcuffs on Pike ; I then assisted to carry Mr. McGee into the Dungate Inn ; I went to the Police Station with the police, and saw a quantity of ammunition taken from both prisoners ; I heard Pike, when he was on his way to the station house, say he was sorry what he had done; when I saw the rifle projecting from the butcher’s shop I heard someone say ” I will fire,” when Mr. McGee said, ” don’t fire you coward;” I think the distance Between Mr. McGee and the rifle, when it went off, was about ten yards ; the rents in the clothes now produced corresponded with those caused by the gunshot wounds, the rifle, when it went off, was pointed in the direction of Mr. Dixon’s house ; Pike was very much excited when apprehended.
By the prisoner Hughes : Sergeant Rush was in front of you when you had your rifle against him ; there was part of a skirt of a dress on your rifle ; I cannot say whether there was any blood on the rifle.
Sergeant John Marsland, of the 12th Regiment, deposed : I know the prisoners before the court ; Hughes belongs to my company, and has been in the regiment since he was a boy ; Pike landed here on the 9th July last and they are both in the habit of drinking, and they have been punished for it ; on the 26th March last Hughes’ was confined in barracks, and was reported absent at about half-past eight o’clock p.m. ; 1 hour later Pike was reported missing ; their rifles were also found to be missing ; it is contrary to the regulations to take arms out of the barracks without orders ; the men are served with twenty rounds ammunition each for their Enfield rifles ; after the prisoners were reported missing I got a picket, by order of the commanding officer, and went down to the town to look for the missing men. ; I reported the absence of the men at the different police stations ; I left the picket at the Detective Police Office, and went with inspector Hogg in search of the prisoners ; we were informed by a constable of the shooting of inspector McGee by one of the prisoners ; I believe Pike was apprehended once before for being a deserter but he had not his rifle with him then ; the men have to be in barracks by eight o’clock in the winter, and at nine o’clock in the summer.
By the prisoner Hughes : The cause of your misfortunes in the regiment is drink.
By the Coroner : I believe that Hughes struck a non commissioned officer once. By the prisoner Hughes : You are a pretty good soldier when sober.
Constable James Potter said : The clothes produced are those worn by Inspector McGee on the night of the 26th March inst. I helped to strip him and to convey him to the infirmary : I was present when he was shot ; and I heard the prisoner Pike say ” stand back or I’ll shot you ; ” and I heard Mr McGee say, ” don’t fire, you coward ;” I saw the rifle go off, and heard Mr. McGee say ” I am shot,” you pulled the trigger yourself ; ” There was no person near enough to Pike when he fired the rifle to pull the trigger but himself.
By the prisoner Hughes : The night was too dark to see the trigger or Pike’s rifle.
Constable Patrick Connaughty, who was also present at the affray, corroborated the testimony of the other witnesses.
Richard Dixon, a tailor residing at 366, Castlereagh–street, deposed : On the night of the 26th March last, I heard the report of a gun ; I got out of bed, procured a light, and found at the foot of my bed the piece of lead now produced ; it appears that one of the posts of my bed had been struck by the bullet : I found the upper square of glass in my window shattered.
John Cecil Read, inspector of the B division, said, the deceased inspector McGee was an inspector under me in the division ; he was shot on the night of the 26th March last, and I had him conveyed to the Infirmary ; I understand he has been twenty years in the police service ; I have known him for five years ; he was generally liked both by the police and the public ; he was a very active police officer ; he leaves a wife and five children not well provided for.
James Robertson, M.D., surgeon to the Sydney Infirmary deposed : Alexander McGee was admitted as an in-patient into the Sydney Infirmary on the 27th March, and died on the 22nd May. He had received a wound on the right groin, immediately to the outside of the artery in that part. There was also a wound in the buttock of the same side. These wounds were no doubt caused by a bullet, the first mentioned being the point of entrance, the latter the place of exit. He died from the effects of this wound. The bullet passed between the points mentioned through the arch of the thigh bone. The wound was almost certain to prove fatal from the first. After death I made an internal examination of the wounded parts. I did not find any foreign body therein ; the deceased told me he had been shot by a soldier ; such a wound might have been caused by such a bullet as that now shown me.
The Coroner then summed up, and the jury, after five minutes’ consideration, agreed to the following verdict :- ” We find that the deceased. Alexander McGee, died from the effects of a gun shot wound, fired by William Pike at inspector McGee, and we pronounce him guilty of wilful murder ; and we find Patrick Hughes guilty of being an accessory before the act, and pronounce him guilty of wilful murder.”
The jury appended the following rider to their verdict:-” We (the jury) unanimously beg, in the strongest possible manner, to recommend the unfortunate widow and five children of the late inspector McGee to the kind consideration of the Government, and more especially after the many years that the late Mr. McGee has discharged his duties with so much, credit to himself, and with such utility to the public. And we also consider it our duty to record, on our behalf as well as on the part of the public generally, our high approval of the conduct of sergeant Rush, who was not on duty on the night in question, and of the conduct of sergeant Rooney and constables Potter and Connaughty.”
The prisoners Pike and Hughes were then removed in custody to the gaol, at Darlinghurst, to await their trial at the next sitting of the Central Criminal Court.
LEGISLATIVE ASSEMBLY.
FRIDAY, 25th MAY.
The SPEAKER took the chair at half-past three o’clock.
THE LATE INSPECTOR McGEE.
Mr. ROBERTSON in reply to a question from Mr. Hoskins, said that the widow of Alexander McGee, late Inspector of Police, recently deceased, who died from the effects of a wound received in the execution of his duty, would receive an allowance, which would be provided from the Police Superannuation Fund, under the recommendation of the Board who managed it.
CENTRAL CRIMINAL COURT.-Tuesday.
BEFORE Mr. Justice Wise.
MURDER.
William Pike and Patrick Hughes, private soldiers of the 12th Regiment, were indicted for having at Sydney, on the 26th March, 1860, feloniously, wilfully, and of their malice aforethought, killed one Alexander McGee.
The Attorney-General conducted the prosecution. The prisoners were defended by Mr. Isaacs.
The first witness called was constable Connaughty, of the Sydney police. He deposed that on the day named in the indictment, Monday, 30th March, he saw the prisoners going along Goulburn-street, with fire-arms in their possession. Followed them into Pitt-street, where witness was joined by inspector McGee, and two other police officers. The prisoner Hughes was arrested by sergeants Rush and Rooney. Witness and deceased pursued Pike into Castlereagh-street. When they passed Liverpool-street, Pike turned round and said, that if they attempted ” to come near him,” or ” apprehend him” he would shoot them, McGee said, ” don’t fire, you coward,” he afterwards ran up Castlereagh-street, followed by witness and deceased, When they were within three or four yards of the prisoner he turned round and fired, and deceased called out ” I am shot.” The prisoner said ” you pulled the trigger yourself.” Deceased was not near enough to touch the rifle. About half-a-minute elapsed between the time when the prisoner said he would fire and the time when deceased was shot. Prisoner had run about twelve yards. Pike was subsequently taken by witness and some other constables. On his person were found nineteen rounds of ball cartridge and some percussion caps.
Cross-examined by Mr. Isaacs : Witness and deceased were equally close to the prisoner when be fired. Believed that constable Potter was close behind. As the prisoner went along, he had his piece at the trail.
By the Attorney-General: Did lose sight of Pike between his leaving the Haymarket and firing his piece, but did not lose sight of him after he threatened to shoot until he fired.
By his Honor : Before the shot was fired McGee said nothing to the prisoner except what had already been told. After the shot was fired, be said “secure that scoundrel.”
Sergeant Rush, of the Sydney police, deposed that, on the night of the day named in the indictment, he saw the prisoner Hughes drinking ale in Cowell’s public house at the Haymarket. He observed that he had his rifle. Witness was not on duty, and was not in uniform. He observed that Hughes had the skirt of a woman’s gown on his rifle, and that there was blood on the back of his hand. Witness saw Pike outside with his rifle at the charge, pointing into the public-house. Hughes called to him to come in and have a drink, when Pike said ” come out of that you b—-y fool, don’t you see ?” Hughes came out, and both went away, followed by witness. The prisoners asked witness where was the Old Australian Inn, and witness said he knew where Stewart’s Australian Inn was, and he would show it to them. Witness said ” you must be strangers in Sydney, as you have your rifles, and don’t know your way.” Hughes said,”yes, we have just arrived from Melbourne.” After proceeding some distance, one of the prisoners said that he had better not follow them any farther, and witness said he was going home, and would show them the house they asked for. Having gone a little farther, the prisoners turned round and presented their pieces, telling the witness to go away. Believing himself to be in danger, be walked away slowly, until be met inspector McGee, and some other policemen. Witness subsequently apprehended Hughes. Before he was taken he twice placed the rifle at the breast of witness, and kept rambling in his packet for a cap. While he was securing Hughes, he heard someone call out ” Don’t come any nearer or I will fire,” and heard McGee voice calling out ” Don’t fire, you coward.” Witness subsequently took both the prisoners to the watch-house assisted by other officers. Saw the charge produced drawn out of Hughes’ rifle at the watch-house. On Tuesday, after the prisoners were remanded. Pike asked witness ” How is the man who was shot. ‘ On witness making some reply, he said ” I did not intend to shoot him.” Witness said ” You did wrong in coming out of the barracks with your rifles at all.” Pike said ” We wanted something before we left Sydney, as we intended to take the bush for it,”
Cross-examined: It was between eleven and twelve at night when witness saw the prisoners at the public house. Was standing in front of the bar when Hughes came in. Believed it was Hughes that came in and drank at the bar. Believed that he said it was Hughes that came in and Pike that stood outside when he gave his evidence on former occasions. (The witness’ deposition were here placed in his hands.) Believed still that it was Pike who stood outside. He had his piece at the charge, but not presented. When the conversation took place about the Old Australian Inn, the prisoner had their pieces at the trail. Believed he had never said that they had their arms at the charge at this time. [The depositions were handed to the witness.] When witness was apprehending Hughes the prisoner twice brought the piece to the present. The first was not a good present; the second was. At the second time, witness threw his arms round the prisoner, and called to sergeant Rooney, who took the rifle away.
By the Attorney-General: From the time when Hughes first presented his piece till he was arrested, a very short period elapsed.
By Mr. Isaacs : Could have heard the words, ” Don’t come any further,” or ” Don’t follow me,” distinctly, but was otherwise engaged, and did not recollect the exact words.
Sergeant Rooney, of the Sydney police, corroborated the evidence of the preceding witnesses. He accompanied inspector McGee in pursuit of the prisoners. Followed them at a distance of about twenty yards. When they turned round the corner, at the Sugar Works, witness and McGee ran. When they came into Liverpool-street, saw Rush and Hughes scuffling, and took the rifle away. Rush knocked Hughes down and witness handcuffed him. On the way to the station Pike said that if he shot the man he would suffer for it. The prisoners appeared to be sober.
Cross-examined : Witness took the rifle from the prisoner. Never said that it was Rush who took away the rifle.
By his Honor : While witness and McGee were together, neither spoke to the prisoners.
Dr. Robertson, surgeon to the Sydney Infirmary, de-posed to McGee having been received into that institution. He was suffering from a gun-shot wound in the groin. The wound was the cause of death. The ball had gone through the neck of the thigh-bone.
By Mr. Isaacs : Such a wound would almost necessarily be fatal from the first. Never knew a case of recovery wherein the thigh-bone was shattered. The ball had gone right through the neck of the thigh-bone at a place where the bone is thick. Examined the body after death, and observed a variety of symptoms, the natural result of the wound. The external orifice of the wound had at one time completely healed ; that was proper treatment, inasmuch aa the matter passed out at another opening below.
By his Honor : The ball entered in front. If the par-ties were close, the weapon must have been pointed downwards. Deceased appeared to be rather a tall man.
By Mr. Isaacs: McGee died on the 22nd May, and witness first saw him on the 27th March. Did not say that the wound was necessarily fatal from the first, but that it was almost so. That was not a long period for a man to survive after receiving a fatal wound.
Alfred Cowell, a publican, living at the corner of Pitt and Goulburn streets, corroborated the evidence of the preceding witnesses, as to what occurred at his house. Hughes was in company with a civilian when be first came to the house. The witness was also present when McGee was shot, and he accompanied the prisoners to the watch-house. Heard Pike say that he was sorry of what he had done.
By Mr. Isaacs : Could not say how near the rifle was to McGee when it was first presented. When it was fired McGee was about twelve feet away, the rifle projecting from the side of a wooden house, close to which the prisoner stood.
By his Honor: Was distant about ten or twelve yards from McGee and the soldier when tho shot was fired. When Hughes first came into the public-house, he had not the rifle with him. He wanted to take out some drink ; and witness not allowing him to do so, he went out, and came back in company with the other soldier, Hughes this to,e carrying his rifle. It was between his coming in and going out that Rush came in. Pike only took one step inside the door. He d d not come up to the bar.
Constable Potter, of the Sydney police, corroborated the proceeding evidence, as to what took place at the time when McGee was shot.
By Mr. Isaacs : Saw the prisoners go along Goulburn street in the course of the night. Noticed nothing particular about them, except that they had fire-arms, and that the barrels of the rifles were covered up. Witness was behind McGee when the shot was fired. Was not in a line with the deceased, but was a little towards one side. Deceased was at the curb, prisoner was in a gateway. Heard the words used by Pike-” Stand back, or I’ll shoot you,” or some words to that effect. The caution was spoken twice. After it was spoken the second time deceased did not advance. To the best of his belief, McGee was about two yards from Pike when the shot was fired. The prisoner was in a gateway, but was not out of sight or behind a corner.
By his Honor : There were marks of fire both on the coat and trousers of deceased.
Richard Dickson, residing in Castlereagh-street, deposed that on the day following the occurrence, a bullet was found in his house, which was opposite the place where the shot was fired. The bullet had struck the wall about sixteen feet from the ground.
Sergeant Marsden, of the 13 th Regiment, proved that one of the two rifles produced belonged to Hughes ; who the other belonged to, he could not say. Saw the prisoners on the evening of the 27th. Did not see them again till he saw them in the Court.
Mr. Isaacs submitted that there was no case to go to the jury, in regard to either of the prisoners.
His Honor said be could not understand why the case should be shut out from the jury ; but he would like to hear what evidence there was that the police were in the execution of their duty in arresting the men.
The Attorney-General said there was no immediate evidence to that effect; but it was quite clear that a man had lost his life by the acts of the accused.
Mr. Isaacs still adhered to his opinion. He submitted that in regard to Hughes there was no case whatever. It was not shown there was any previous compact, and therefore. Hughes could not be an accessory before the fact.
The Attorney-General submitted that it was clear from the evidence that there was a ” joint object on the part of the prisoners, from beginning to end, namely, to shoot whomsoever interfered with them, in the proceeding which they had adopted, of going about the city at a late hour at night with loaded firearms in their hands.
His Honor thought there was no evidence to show a joint intention to kill anyone, and that, therefore, there was no evidence to criminate Hughes. The only offence of which the prisoners were shown to have been guilty, in the first instance, was carrying loaded fire-arms through the streets, and that was no offence at the present time, although it was an offences three months ago. He should direct the jury to return a verdict of not guilty in the case of Hughes. ‘ ‘
Mr. Isaacs then proceeded to argue that there was no case against the prisoner. There was nothing to justify the police in interfering with the men. No felony had been committed ; there was no reason to suppose that a felony had been committed. The Arms Act, be believed, was not in existence since November last ; but at all events, it was sufficient for his purpose that the Act was not now in force; and if it were, the military were exempt from its operation. There was not word addressed to the men from beginning to end by any policeman in uniform, except the words used by deceased, ” don’t shoot, you coward ;” and there was no reason to believe that the accused were not themselves looking for deserters, and therefore having the best cause to keep themselves aloof from other persons. The learned counsel cited two cases in support of his argument ; but eventually admitted that the several cases went rather to show that the circumstances on which he laid stress, simply went to reduce the crime for murder to a lesser offence.
The Attorney-General contended that the charge of murder was sustainable, inasmuch as the aggression came from the prisoner Pike. That he was the aggressor was shown by the fact that be had, before receiving any provocation from the deceased, either by word or act, held out a threat, saying, ” If you follow me, I will shoot you.”
Mr. Isaacs addressed the jury, for the defence.” He commenced by urging upon them to disabuse their minds of any impression which they might have received from the extensive discussion which the case had received in the public prints and otherwise. He submitted that if they arrived at the conclusion that the prisoner believed the police were about to arrest him, then the crime was reduced from murder to manslaughter, for the deceased had no more right in law to arrest the prisoners than to arrest him, while he was addressing the jury. He contended, however, that there was good reason to believe that the rifle went off accidentally, looking at the fact that the prisoner previously had ample occasion to fire after the commencement of the pursuit, and had, half a-minute before, presented the weapon without firing.
The Attorney-General declined to reply.
His Honor summed up.
The jury, after a consultation of twenty minutes, returned a verdict of not guilty in the case of Hughes, finding Pike guilty of manslaughter.
His Honor sentenced Pike to be imprisoned and kept to hard labour in the gaol at Darlinghurst, for a period of three years. Hughes was remanded to the custody of the military authorities.
Robert Dowker CODRINGTON
Robert Dowker CODRINGTON
New South Wales Police Force – Trooper
Regd. # ?
Trooper
Stations: Cheshire Creek Barracks ( Bathurst/Peel area ), Wyagden – Death
Served: From about 1854 to 22 December 1857
Awards: ?
Born: In Madras, India, about 1836
Died: Tuesday 22 December 1857
Age: 27
Cause: Shot – Murdered
Bathurst
Funeral Date: Thursday 24 December, 1857
Funeral location: ?
Funeral Parlour: ?
Service performed by H.A. Palmer
Buried at: Sofala Cemetery, 4440 Sofala Rd, Sofala, NSW
On 22 December, 1857 Trooper Codrington rode out to meet the gold escort from the Turon Valley. His duties included escorting the gold and mail being carried either by coach or packhorse down the steep Wyagdon Hill and into Bathurst. After he was reported missing, a search was conducted and his body, shot through the heart, was found off the side of the Bathurst – Turon Road in a ravine at the top of Wyagdon Hill. Bushes were found nearby piled on the roadside and it is thought that the bushrangers who probably killed the trooper had hidden at that spot to await and rob the escort. No other satisfactory reason could be found for the murder, although the escort passed the spot unmolested on that day. Local legend has it that the trooper was killed by an old enemy who then returned to England after the murder, however this remains unsubstantiated.
In late 1860 John Higgins (alias John Davis) appeared before the Albury Police Court charged with “having, on the 22nd day of November [sic], 1857, shot one Robert Codrington, a mounted trooper, in the District of Sofala, Bathurst”. He was found not guilty. An alleged witness to the murder was Richard Henry Mills Sampson, who was a man known for giving false evidence in a previous, unrelated trial. His statement, which may or may not be truthful, was as follows:
At that time I was going from Louisa Creek to Bathurst to spend Christmas. I there met the prisoner with three other men, two of them were travelling with the deceased trooper. I rode up sharply, and was immediately covered by a gun by one of the men. The prisoner, whom I now distinctly recognise, shot the trooper Codrington, and afterwards proposed to shoot me. A man named Cole, whom I have known for years, was one of the party…[and he] said I would not blab. The murder took place about 3 o’clock in the afternoon. I was about 50 yards from them when I first saw them. The prisoner said several times, “Shoot him,” and called the others cowards. He then shot Codrington himself, and was the only one of the party who had a gun. I did not see what they did with the body.
The constable was born about 1832 and joined the Gold Escort about 1854. At the time of his death he was stationed at Cheshire Creek Barracks (Bathurst/Peel area).
Robert IS mentioned on the National Police Wall of Remembrance
Location of ( Wiagdon ) Wyagdon: [codepeople-post-map]
Born in Madras ( India ) in 1836 to Robert Codrington and Louisa. Robert Dowker married Louisa Kershaw on 5 April 1856 and had a child – Robert William, born 27 November 1856 or 1857 & died 2 April 1930 in NSW. Robert Dowker CODRINGTON passed away on 22 Dec 1858
http://records.ancestry.com/robert_dowker_codrington_records.ashx?pid=3644377
My great great grandfather, Robert Dowker Codrington, a gold trooper (mounted policeman) who was shot at Kelso in about 1856. He migrated to Australia in 1853 from England.
http://www.stephencodrington.com/dempsey/Great_Grandparents.html
Witnesses to History
By Eric Pratt QC
See chapter 9: The Murder of Robert Codrington
Bathurst Free Press and Mining Journal
William OXLEY
William OXLEY
Is the Great Grandfather of Constable John Frederick YORKE – NSWPF
New South Wales Police Force
Constable
Assault with Stick – Murder
Mudgee
Born 1804 in Rolvenden, Kent, England
Married Eliza Santer (d: 4 Jan 1869 in Mudgee) on 4 June, 1829 in Benenden, England,
Father of Albert, Mary A., Own, Rachael, Jane E. Arnold & William I. Oxley
Appointed Constable at Mudgee in 1851
49 old
19 May, 1853
Gravestone in Mudgee Pioneer Park
On the evening of 29 April, 1853 Maurice Dalton, a former publican, attempted to gain entry to Freeman’s Public House in Mudgee. After being refused entry by the owner Freeman, Dalton threw a large stone into the building. He then crossed the street where he came upon a man named Brandon who was playing a clarinet. Dalton knocked Brandon to the ground, asking him what business he had playing the instrument. Brandon then went and reported the incident to Constable Oxley. A short time later Oxley located Dalton and asked him, “Is that you, Maurice Dalton?” Dalton replied, “Who are you?” and then went on, “Oh, I know you for a b—– trap by your buckle.” He then struck Oxley a severe blow to the side of his head with a large stick, knocking the constable to the ground. He then kicked the fallen constable as he lay on the ground.
The Maitland Mercury and Hunter River General Adviser of Wednesday 8 March, 1854 informed the community that “Oxley lived for 19 days after, and even performed duties at times, but at length died from apoplexy induced by the wound, the brain being greatly inflamed under the wound. The jury returned a verdict of manslaughter, and prisoner was remanded for sentence.”
The constable joined the police force in June, 1851. At the time of his death he was 49 years old and was stationed at Mudgee.
The Maitland Mercury and Hunter River General Advertiser ( NSW ) Wednesday 1 June 1853 page 2 of 4
SERIOUS CHARGE AGAINST A PUBLICAN.- In the month of April ultimo, Maurice Dalton, a publican at the Maitland Bar, on the Turon, was committed for trial by the Mudgee Bench of Magistrates for assaulting a policeman named Oxley. Mr. Dalton was admitted to bail, but as the case assumed a serious aspect, and Oxley has died, Mr. Dalton’s sureties surrendered him to the Gold Police, from whom he effected his escape, and is still at large.-Empire, May 30.
Empire ( Sydney ) Friday 6 January 1854 page 5 of 8
MURDER. – A man named Maurice Dalton was placed in the dock by Sergeant McGhee, charged with having committed a violent assault on Constable Oxley, of the Mudgee Police, from the effects of which the constable had subsequently died. The offence was committed in the month of April last, near Bathurst, and prisoner was apprehended on a warrant from the Mudgee Bench, which had since been sent to Port Phillip, where it was supposed he was residing. The prisoner denied the charge laid against him. At the request of Mr. Wearin, he was remanded till this morning.
Empire ( Sydney ) Saturday 7 January 1854 page 3 of 8
MURDER AT MUDGEE. — Maurice Dalton was again placed before the Court. A witness named Hugh O’Donnell deposed, that he lived some time since at Mudgee, and knew a person named Maurice Dalton ; witness did not believe the prisoner was the same man ; if so, he had very materially altered in appearance. Sergeant McGhee produced the Hue and Cry, wherein, under date 28th April, 1853, was given the description of a man named Dalton, charged with a violent assault on Constable Oxley, from the effects of which the latter afterwards died. The description published corresponded exactly with the personelle of prisoner. A letter was found on the defendant, having reference to the alleged assault. Their Worships, after consultation, remanded prisoner to the Mudgee Bench for examination.
The Sydney Morning Herald Monday 13 February 1854 page 5 of 8
On Friday the 27th ultimo, Maurice Dalton, who had been apprehended in Sydney for the murder of William Oxley, one of our constables, in May last, was brought into our township and safely lodged in the lockup.
The Sydney Morning Herald Thursday 16 February 1854 page 3 of 8
MAURICE DALTON — This somewhat notorious individual was forwarded from Bathurst to Mudgee about a fortnight ago, to be present at the investigation touching the death of the policeman who fell by his hands, at the last Mudgee races. He was fully committed to take his trial at the forthcoming assizes for an assault resulting in the death of the attacked, and reached Bathurst on Monday last.
Empire ( Sydney ) Saturday 4 March 1854 page 3 of 8
TUESDAY, FEBRUARY 28, 1854.
MURDER.
Maurice Dalton was indicted for that he, on the 29th April 1853, at Mudgee, in New South Wales, did feloniously, wilfully, and of his malice aforethought, kill and murder one William Oxley.
The ATTORNEY-GENERAL stated the facts of the case, and called
James Lucas Brandon: I live at Mudgee ; I lived there in April last ; I saw the prisoner on 28th April ; he insulted me, and knocked me down ; I was going home, playing the clarionet, when the prisoner came across and asked me what business I had playing that bloody thing, and knocked me down ; I went to constable Oxley, and told him, and he told me to go home ; when I got home I heard stones thrown against my hut ; I was frightened to stop, and I went out for constable Oxley, and then I saw the prisoner : Oxley spoke to prisoner, and asked what he was about, kicking up that row at that time of the night for ; prisoner asked him who he was, and said, I know you are a b—dy trap, I know you by your buckle ; I then saw Oxley fall, no one was near him when he fell but prisoner ; I was 100 yards off ; I could not say whether prisoner had a stick or a stone in his hand ; when Oxley fell I went up to him, and found him bleeding profusely from a cut on the head, he was not able to speak, he appeared to be insensible ; I think Oxley lived for a month afterwards.
Cross-examined by Mr. Holroyd : After he was knocked down, and before his death I often saw him on duty in the streets of Mudgee ; I had been playing the clarionet in Tuckerman’s public house, in Mudgee. I drunk nothing that day but peppermint and ginger beer – three glasses of port wine in the evening.
William Freeman : I live in Mudgee ; I recollect 28th April, 1853 ; I recollect seeing prisoner that night ; he used to keep a public house at Maitland Bar ; on that night I was called up by the mistress, who said some one was breaking into the house ; I went outside and found prisoner there ; I told him to go away, but he would not go away ; I then went back to my house and he followed me round and threw a large stone into my house, which fell on my wife and child ; I spoke to him, about throwing the stone, and he then went away ; I saw him then walk towards the witness Brandon, who was coming down the street, and I saw them scuffling, and Brandon called out for Oxley ; I afterwards saw Oxley bleeding about the head, about half an hour after I saw prisoner scuffling with Brandon.
Cross examined by Mr. HOLROYD; He had no stick in his hand after he threw it on my wife’s bed.
Donald McDonald ; I am a surgeon, I knew the late William Oxley ; I was called to see him in the morning of 29th April, 1853 ; he was lying on his bed, bleeding-profusely from a cut on his head, it was a contused wound such as might have been caused by a stone ; he lived eighteen or nineteen days after I first saw him ; I made a post mortem examination ; I should say that his death was caused by the injury received on his head ; I knew deceased for several years, he was a healthy man ; the scalp was inflammed, and on opening the cranium I found the membranes of the brain were inflammed, caused by the wounds ; other causes might have accelerated his death.
Cross-examined by Mr. HOLROYD : I think the wounds were sufficient to cause death ; I believe deceased was a free liver, and had the appearance of a man that drank ; I saw deceased do duty as a constable ; I cautioned him not to drink ; I believe but apoplexy was caused by the blows on the head.
David Picton: I live at Mudgee ; I recollect the night Oxley was wounded ; I saw a man near Brandon’s, house ; whilst I was in Brandon’s house two stones were thrown in ; Brandon then went to Oxley for assistance ; Oxley went up to the man and said, “Is that you, Maurice Dalton?”. Prisoner said, “Who are you?” and then said “0, I know you are a bl–dy trap, by your buckle” and struck him a blow with a large stone. Oxley fell when he got the blow ; I helped Brandon to pick him up.
Cross-examined by, Mr. HOLROYD : I was 20 yards off Oxley when the blow was struck. .
Mr. Bailey, Clerk of Petty Sessions, Mudgee:
I knew William Oxley, the constable ; I know he is dead ; Oxley was examined before the Bench on the 30th April, 1835 ; the magistrates present were M. P. Bayley, and Basil Dickenson. ( Deposition put in and read. )
Mr. HOLROYD addressed the jury for the defence, and contended that the death was caused by other causes, and called the following witnesses in support of such a view of the case :-
John Ashton : I am a constable in Mudgee ; I knew the deceased, I recollect his meeting with this injury ; I know that he had fits ; he had one on 26th February last year between the time of the accident and his death ; he went on duly 12 miles from Mudgee ; he went on horseback ; this was about 15 or 16 days after he received the injury.
Cross-examined by the ATTORNEY-GENERAL :
The first time I saw him in a fit was on 26th February last year ; I don’t know what caused the fit ; I never saw him have another fit ; he appeared a very healthy man.
George Taylor ; I am an innkeeper at Mudgee ; I knew Oxley the deceased ; I recollect his taking a journey to Cloudy Bay ; after his return from Cloudy Bay, I saw him in a fit ; this was in the morning ; I saw deceased lying in a fit on the ground ; I assisted him by lo??ing his handkerchief, and then went for the doctor ; he was very apoplectic looking ; I saw him occasionally on duty from the time of the assault to his death.
Cross examined by the ATTORNEY-GENERAL : He went to Cloudy Bay some days after he got the wound ; it was not quite healed.
Alexander-Watt : I knew the prisoner whilst he was in my employment ; he was a very well behaved man.
Cross-examined, by the ATTORNEY-GENERAL ; It is ten or twelve years since he was in my service ; he was a few weeks in my service employed mowing.
The ATTORNEY-GENERAL replied at some length.
After an address of some length from the Judge and a careful recapitulation of the evidence by him, the Jury returned their verdict of
Guilty of Manslaughter.
Bathurst Free Press and Mining Journal ( NSW ) Saturday 4 March 1854 page 3 of 6
WILFUL MURDER Maurice Dalton was indicted for the wilful murder of William Oxley on the 29th April last, at Mudgee. He pleaded not guilty and was defended by Mr. Holroyd. Attorney — Mr. Serjeant.
James Lucas Brandon deposed that about 1 o’clock of the morning of the 29th. April, he was proceeding homeward, playing a clarinet, when the prisoner walked up to him and after asking him what he wanted playing that b____y thing, knocked him down. He applied to constable Oxley for assistance who advised him to go home. He did so, and shortly afterwards stones were thrown at his door and upon the house. Again he went for Oxley for assistance who came out, and no sooner made his appearance than the prisoner accosted him in these words— “you’re a B____y trap, I know you by your buckle.” Upon proceeding to the spot he found deceased lying senseless and bleeding, the wound having been inflicted on the side of the head. Cross-examined by Mr. Holroyd. He frequently saw the deceased upon duty afterwards in Mudgee— never saw him the worse for liquor, but recollected taking a glass with him on the Thursday before his death.
William Freeman saw the prisoner at Mr. Arthur Cox’s on the 29th April last, who was making a great noise. He ordered him away and was requested by him not to tear his shirt. In a moment afterwards prisoner seized a big bludgeon which he threw inside upon the bed in which his wife and children were sleeping. At this time the prisoner had a stone in his hand. He saw the deceased who was capable of walking unsupported.
Dr. Macdonald attended the deceased who had a wound upon the side of the head, which did not appear to he dangerous. Besides this he subsequently discovered, when holding a post mortem examination upon his body, another and more serious wound at the back part of the head, but from which no external injury appeared. He had no doubt but the blow’s accelerated, if they did not cause his death. There was a considerable effusion of blood upon the brain. Cross-examined by Mr. Holroyd : He did not know that the deceased drank, but he had the appearance of a free- liver. He saw deceased a few days before his death and heard of his falling over a scraper. From that period he had a succession of apoplectic fits which continued until death.
David Picton saw a man whom he did not know to be the prisoner near Brandon’s, at whose house he threw two stones. Shortly afterwards he saw Oxley leave his house and heard him speak to this man whom he named Dalton, and who in reply called him “b___y trap” ‘ A moment or two afterwards he saw Dalton strike deceased with a thick stick which felled him to the earth : blood flowed freely from the wound thus caused. He (witness) might be 20 yards from them at the time Brandon and he stood near each other.
Mr. F. Bailey proved that a charge for a violent assault was preferred against Dalton who was committed to take his trial at the Quarter Sessions on the 30th. January. Some time afterwards Oxley died and an inquiry was held upon his remains. The depositions were written by him as Clerk of the Court at Mudgee.
This evidence closed the case for the Crown. Mr. Holroyd addressed the jury in behalf of the prisoner. This case, he said, involved a charge of murder without malice, as from the evidence which had been given it was impossible to conceive that the prisoner could have been actuated by any such feeling. There was nothing before the jury to show that they were even acquainted, and from the nature of the wounds the blows must have been of a very trivial character. When the witness Freeman reached deceased he was standing upon his legs, and could not therefore have been very seriously wounded. There was moreover a discrepancy in the testimony of Picton and Brandon which showed plainly that both could not speak truth. The former estimated the distance at which they stood at the time the deceased fell at 100 yards, whilst the latter fixed it at about 20. Clearly this was no case of murder, and he could not for one moment imagine how it was to be reduced even to manslaughter upon such trumpery evidence. According to Dr. Macdonald’s testimony the deceased had a predisposition towards apoplexy, and this predisposition was increased by ardent spirits of which it appeared probable he partook. It would also be fresh in the recollection of the jury that the deceased had fallen against a scraper a few days before his death, and had then most probably received the injury at the back of the head which caused apoplexy and hastened his death. To his mind it appeared that an assault was the worst charge that could be fixed upon the prisoner.
He then called Constable Ashton of Mudgee who knew the deceased and remembered that on the 26th. February 1853 he had a fit about 7 miles from Mudgee, and was insensible for about three quarters of an hour, but had never seen him in one before nor since. Witness attributed his illness on that occasion to the fact that they had been travelling all day with a flock of sheep, and deceased had not broken his fast. About 16 days after the assault deceased was on duty and went with a letter for the coroner to Cloudy Bay, and did not return until the following day.
Mr. George Taylor, Innkeeper of Mudgee, remembered deceased’s going to Cloudy Bay in the early part of May in last year ; it was after the assault — had never seen him in a fit until he returned from Cloudy Bay. On the morning after his return, heard some one screaming, and on going out saw deceased on the ground in a fit – knew that he had been on duty occasionally after the 29th. of April. Cross- examined, by the Attorney-General : The wound in the head was not quite healed at the time he went to Cloudy Bay and witness thought he was not able to do as much duty as before the assault. He did not appear to suffer from any other cause than the wound in the head.
Mr. Alexander Watt was called to give the prisoner a character. He said he had known him for ten or twelve years, and on one occasion had employed him during the harvest — had also heard other persons speak of him, and believed that when sober, he was quiet and well behaved, but when in liquor very violent. Beyond this he did not know very much about him.
The Attorney-General replied and made some stringent remarks about gentlemen appearing to give prisoners a good character of whom they know but little, the natural consequence of which was that the cases of those who really deserved a good character were materially injured. In reference to the case before the court he cited some cases to show that it was a matter of no importance whether the deceased was aged and infirm, or young and strong, but if his death was accelerated by the conduct of the prisoner the charge against him was sustained. He also directed the attention of the jury to the expression used by the prisoner at the time of the assault calling deceased a “B___y trap” &c., kicking him after he had knocked him down, and said if deceased had drunk too much or taken too much exercise after the assault it would not make an atom of difference ; for Dr. McDonald had declared that death had resulted from the effects of the blows upon the head. His Honor, in summing up, laid before they jury very clearly and distinctly the difference between murder and manslaughter, and said that in cases of homicide the law presumed the existence of malice ; and it was for the defendant to show that he had just cause for his conduct in the affair. After reiterating the evidence he left the case in the hands of the jury. The jury found a verdict of manslaughter. Prisoner who was remanded for sentence.
The Sydney Morning Herald Wednesday 8 March 1854 page 5 of 8
THE ATTORNEY-GENERAL AND THE MAGISTRACY.
(From Saturday’s Bathurst Free Press.)
In opening the case against Maurice Dalton, for the wilful murder of Constable Oxley, at Mudgee, the learned Attorney-General prefaced his review of its leading features by the following observations upon the general recklessness which prevails with regard to the issue of licences : –
This, he said, was one of the many instances which had recently come under his notice of individuals being intrusted with a publican’s license who were most palpably and flagrantly unfitted for such a position. Here was a man arraigned for the wilful murder of a fellow creature – a murder committed whilst in a state of maddening intoxication, who by some means or other had obtained a license as a publican. And how came this? Would it not be quite as safe, nay infinitely more so, to place deadly weapons in the hands of a maniac and turn him loose upon society, than to intrust a person of bad moral character, and a notorious drunkard to boot, with the power and opportunity of inflicting such a vast amount of mischief upon the community. Only that very day it had transpired in evidence upon another case that the prisoner had been a publican at Carcoar, and was known to the bench to be an habitual drunkard. Nay, one of the magistrates himself who appeared as a witness had admitted that when he called to see him about the money which he was accused of stealing, he was so drunk as to be unable to speak sensibly and that he never saw him sober ; yet, notwithstanding these facts, known personally to himself, and occurring under the very nose of the Bench, his license was subsequently renewed. What security, he would ask, could there be for the preservation of public order and against the commission of crime whilst magistrates thus culpably neglected their duty? One bad man invested with the privileges and opportunities of evil which appertained to such a calling, could accomplish a vast amount of mischief in promoting and fostering vice and crime, and in aiding in the demoralization of those by whom he was sure to be surrounded. It would be better to arm a madman with a firebrand and trust to consequences, than enable a person so devoid of character and principle to scatter about him the moral poison of his depraved nature. The frequency of late of such cases as those upon which he was now commenting impelled him thus publicly to call attention to the circumstance. And he must say if magistrates tolerated such evils by neglect of duty, they were responsible for the consequences.
Such was the emphatic language employed by one of the highest legal authorities of the country under circumstances which demanded a strong expression of opinion ; and it is a fortunate thing for the colony that the position is filled by a gentleman who, regardless of personal considerations, has the moral courage to administer a castigation so well merited. We agree with him, that to place such men as Henrys and Dalton in the situation of a licensed publican is to laugh at the law and treat public order and decency with contempt. A ruffian and debauchee are not to be placed in situations where duly imperatively requires an unremitting self-control, and in which temptation is continually beckoning the most discreet from the path of rectitude with seductive arts and fascinating smiles. There is too little care taken in investigating the characters of applicants for licenses, and the consequence is witnessed in the fact that whilst the great majority of licensed publicans are men of good repute and undoubted integrity, many, very many, have crept into the trade who would do little credit to any calling or position of life in which they might be found,
And herein principally lies the misfortune. Similarity of tastes and disposition surrounds such men with the criminal and the vile. At such houses their depredations are planned, and there the wages of crime are dissipated. Money thus easily earned is recklessly squandered, and heedless of the source whence it has been procured, if not directly concerned in the plans of his rascally associates, the unprincipled tapster grows fat upon the spoils which have been wrung from the honest and unwary. There sins and malpractices are, therefore, not only connived at, but encouraged. They form a perennial spring of profit whose amount is not to be despised. True to one instinct of our natures, where better sentiments are inoperative, he sells his grog, pockets their ill-earned cash, and ask no questions. To him the clever and successful thief is worth infinitely more as a customer than twenty honest and reputable men, and hence such company is infinitely preferred. The wealth of a plundered community flows into his pockets, and for this consideration he is ready to administer in any shape to the base ( and brutal passions of his customers.
The above may be an extreme case, but there are many which differ only in degree. Men of loose or unfixed principles are not apt to be over-scrupulous where business is to be done. The tap runs freely whilst the cash is responsive, and under such circumstances little heed is taken of irregularities, improprieties, or the Licensed Victualler’s Act. The free and easy style of such establishments suits the tastes of the reckless and the profligate ; and hence it ¡s that the respectable publican, whose regard for his own character and the reputation of his house will not permit any gross violation of law or decency, is most materially injured.
But we are very far from imagining that the rapid strides by which intemperance is stalking over the country are to be stayed by the most active magisterial superintendence. The root of the evil lies out of the reach of all law – beyond the grasp of the most vigilant police. To read lectures to the magistracy will do little towards the correction of an evil which has eaten its way into the very vitals of our social system, and overshadows the land with gloom. All the powers of legislation and machinery of our courts of justice are unequal to the task of eradication. Society must expurgate itself, and it can only do so by the universal action of some powerful moral agency. No class is free from the taint of this cankering vice, and sermons upon temperance delivered to the masses will be of little force or efficacy whilst the power of example is wanting in the ranks of those who claim the right to sermonize.
It is true that much crime and irregularity might be prevented by a stricter exercise of the discretionary power vested in the magistracy, but the public may fairly share the blame of recklessly licencing all applicants. No matter what the character, five respectable householders will be found to parade their names in the way of recommendation, and it is notorious that profit has often more to do than principle with the matter. In this manner men of indifferent or bad repute have passed through the magisterial ordeal into a public-house, and have thus visited one of the sins of the community upon its own head. First – Mr. So and so, storekeeper, signs, because he is anxious to secure a customer, and uses his influence with a friend or two. Several good names being already attached, they become a guarantee of the applicant’s eligibility for a license. Others are therefore easily obtained, and the bench by no means unwilling to forego the trouble of an inquiry which promises more kicks than half-pence, take it for granted that the applicant is what he is represented to be. The learned Attorney-General could therefore have very well afforded to give his castigation a much wider amplitude.
The Sydney Morning Herald Wednesday 15 March 1854 page 3 of 12
Maurice Dalton, manslaughter, was sentenced to five years hard labour on the roads or other public works, the two first to be worked in irons. He presented a petition to his Honor setting forth amongst other things that his victim had died from the effects of falling upon the scraper, but this his Honor stated to be impossible, the wound behind the head was caused by a blunt not a sharp instrument, a fact which was established by the circumstance that the skin was not cut outside. His conduct he said had been most savage and unprovoked and he would mark it by very severe sentence.
Grave location is: Mudgee Memorial Park
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NOTE: 1 June 2014:
It has been revealed that this person is NOT mentioned in the States Honour Roll nor the National Honour Roll of Fallen Police.
The following message has been sent, this date, to the NSW Facilitator for this to be remedied:
G’day Andy
It has come to my notice that Constable William OXLEY, killed as a result of work related assault, who died on the 19 May 1853, is NOT mentioned in the National, nor NSW Honour Roll.
See my website: https://www.australianpolice.com.au/william-oxley/
I have listed all the relevant newspaper articles of the time, in relation to the matter and it is shown that the offender ( Maurice Dalton ) was finally convicted of the Manslaughter of Constable William OXLEY who is buried at the Mudgee Pioneer Park.
Regards mate
Greg ‘ Cal ‘ Callander
Retired SenCon 17463
www.AustralianPolice.com.au
www.facebook.com/NSWFallenPolice
02 4844