21 April 1864

CAPTURE OF FRANK GARDINER THE HIGHWAYMAN.

AFTER months of fruitless and unavailing search by police, in the neighbourhood of the haunts of Gardiner and his ruffianly gang, and sundry arrests of persons whose outward wan bore some resemblance to the daring outlaw, he has at length been secured, without drop of blood being shed, and almost without struggle.

For months it was rumoured, and beloved by not a few, that Gardiner had naturally succeeded in leaving the colony and making his way to California.

It now turns out that he contented himself with a shorter and easier flight, having, as is alleged, set out for Queenslaud, accompanied by his paramour, on the very night that Sir Frederick Pottinger surprised Gardiner duriug his nocturnal visit to Mrs. Brown at the Pinnacle, in the absence of her husband.

Acting upon information received by the Sydney police authorized, detectives M’Glone aud Pye and mounted trooper Wells were dispatched to Rockhampton per Bal- clutha, in the early part of last month, arriving here on the 11 th ultimo.

Detained a fortnight by the floods, they started for Apis Creek, reaching that place on the 2nd in- stant ; and pitching their tents 300 or 400 yards from a store kept by a man named Christie, whom they believed to be the object of their search, and whose person they wished to subject to scrutiny. Fearing recognition, M’Glone sent detective Pye and trooper Wells to the store for goods telling them to purcbase a nobbler of brandy for their sick mate, who was at their tent.

This they obtained, with some meat, and returned to the tent, seeing the woman who passed as his wife-alleged to be Mrs. Brown-but not seeing Christie. After tea, M’Glone and Pye observed Christie sitting on the store step, and the former immediately recognised him, Both detectives went into tho store, asked for oatmeal, and none being in stock, obtained sago for their mate, who they still feigned was sick. Christie was observed to manifest ner- vousness while getting the sago, but would not charge for it, and was thereupon invited to accompany them to the adjoining public-house, which he did.

A closer examina- tion, while drinking together, satisfied the detectives, and they returned to the tent, but during the night went to M’Lennan’s station, one mile distant, and arranged with Lieutenant Brown, N. M. P., to come and assist with his troopers,

On the following morn- ing the party struck their tent, packed up, aud M’Glone, Pye, and Wells went towards the store, Lieuten- ant Brown and troopers following about a hundred yards behind. On coming up, Christie was observed to be standing in front of the store, with two men who were cutting shingles. Seeing the party he moved towards the store, And the detectives made up briskly to prevent his retreat.

As they approached Christie was hailed by M’Glone, and an turning to address him, was rushed on by Pye, and with the assistance of the other two, easily secured, by being thrown on his back and handcuffed-the prisoner offering no resistance, but demanding to knew the charge on which he was arrested. Lieutenant Brown and troopers then coming up, all the men on the place were ordered to stand on pain of being shot, and were subsequently hand -cuffed, one of them having rushed up apparently to rescue the prisoner.

The store was then taken possession of, an inventory made, and the house searched.

Among the articles found by the police was a journal, on the cover of which was inscribed in a good handwriting “ J. Evans Brown,” an incident of great importance, when it is re- membered that the paramour of Gardiner was a Mrs Brown, and that Mr. Brown is a quiet, respectable man. residing at the Pinnacle, or Wheogo, between Forbes and Lambing Flat, and distant about thirty miles from the for- mer.

Mrs. Christie was not at this time placed under arrest Leaving the store in the charge of two of the party, the men in handcuffs, consisting of Christie the cook, and two splitters, were marched to Mr. M’Lennan’s station, when one of the detectives read over the charges to the prisoner in which he exclaimed, “ in June, ‘62-is that what you say-’62 ? “ he was then placed in a room with a strong guard, and the other men were set at liberty, having been detained solely to prevent alarm being raised;

Craig, the publican and partner of Christie, was subsequently arrested on the charge of harbouring Gardiner. On the 4th instant the detectives started for Rockhampton with their two prisoners, and Mrs. Christie under watch -and passing through Marlborough, Princhester, Canoona and Yaamba, artived at Rockhampton at seven p.m. on -Sunday, when the prisoners were handed over to the lockup keeper. Several horses were found in Christie’s possession one of which is said to have been recognised as the property of Mr. Peter Beveridge, J. P., of Swan Hill, on the Murray River, lt is a celebrated racehorse, and was stolen about eighteen months ago.

Altogether eight horses were found in Christie’s possession, four of which have been brought to Rockhampton, and the remainder left in charge of Mr. M’Lennan. On the following day (Monday), after a lengthy examine tion before the Rockhampton Bench, Gardiner was re manded to Sydney, his female associate and Craig being set free-the charge against them of harbouring and concealing a bushranger having broken down.

The prisoner reached Sydney by the steamer Telegraph, about midnight on Friday, under a strong escort, and heavily ironed. -Mrs. Brown, although at full liberty, coming to town as a passenger by the same vessel.

From conver- sations with Gardiner during the voyage, all doubts as to his identity were completely removed, the prisoner freely admitting that he is the veritable Frank Gardiner who for so -many months kept New South Wales in awe, and stalked abroad unchecked in his ruffianly career through its length and breadth.

Gardiner will be brought up at the Central Police Court on Saturday. Meanwhile he is in safe keeping at Darlinghurst. On the 25th of February, 1863, a reward of £500 each was offered by Government for the apprehension of Francis Gardiner alias Clarke, and John Gilbert. The last, named party is still at large, although the reward for his capture has since been ino eased to £1,000.

3 June 1864

BUSHRANGING. BEN HALL’S GANG AT BANG BANG ! RE-APPEAEANCE OF GILBERT.

(From the Burrangong Star’s Extraordinary, May 28.)

It is with extreme regret that we have again to record the fact that the Southern district continues to be the favourite seat of action of bushrangers, and to deplore that the notorious Johnny Gilbert, Gardiner’s favourite “lieutenant”, has once more, made his appear- ance on the road.

It appears that shortly after five o’clock on Friday afternoon Mr Ayliffe, tee owner of one or two race horses, and some other, men were sitting under the verandah of the hotel at Bang Bang, when three men splendidly mounted rode down towards them, and, covering them with their revolvers and carbines, ordered them to “throw up their hands,” after the orthodox fashion of bushrangers in this year of grace, 1864.

This they did as a matter of course, and while Ben Hall, who was well known to one or two of the party guarded them-together with the mem- bers of the household and others about the premises to the number of twenty-the other two, namely, Johnny Gilberti and the “ old man’ who has before now been concerned with Ben Hall in some of his ex plolts, took their position at a gate leading into the yard, where senior (mounted) constables Scott and Macnamara, were standing beside their horses.

The constables were on special duty, and were not in uni- form the horses at the time were feeding, and of course unbridled. They had left Bathurst on the previous Tuesday-had reached Carcoar that night- passed on to Canowindra on the following day, and thence to Cowra, where they pulled up outside the racecourse on Thursday.

Not getting any orders from their head quarters at Cowra, they determined to escort whatever race horses were about to proceed from Cowra to the Burrangong Races a short distance along the road, and accordingly on Friday morning they left Cowra, accompanying Mr Alec Wilson’s Dick Turpin and Jemmy Martin, Mr Skillicorn’s Duke of Athol, and Mr Harry Croft’s Hollyhock and Bergamot, the whole of which were first class horses.

Shortly after the racehorses being stabled, the police were standing behind their own horses while they were feeding, when Gilbert and one of the others (supposed to be a fellow named Long White, a ticket-of-leave man) showed themselves at the gate leading from the road to the stables, one of whom presented a carbine and the other a revolver, and called out, “ Leave them horses!’

The troopers not immediately complying with the request, one of the bushrangers, flourishing his revolver, again exclaimed, “I say once more, leave them horses!”. On this Scott and Macnamara put their hands to their belts to draw their revolvers, when Gilbert said, “

Take your hands out of that, you __ wretches, or I’ll blow your __ brains out, and immediately fired three shots, but without effect. The troopes, who were only armed with revolvers, returned the fire, and after receiving seven shots in this manner at a distance of thirty yards they advanced towards the bushrangers (who had never dismounted) two of whom, Hall and the old man, slowly retreated, while Gilbert continued a cross fire from the fence.

On the police reaching the fence, however, Gilbert joined the old man, and while Macnamara kept these two at bay, by standing at the gateway leading into the yard where the horses were, Scott pursued Hall up the road, both parties firing at each other at intervals, Hall firing shot after shot from his revolver, resting it on his thigh after each fire and the trooper deliberately aiming at the bushranger by resting his weapon on his left arm.

One of Scott’s shots appeared to have taken effect, at least the hat of the bushranger was knocked off, and at the same instant he put his hand to his head giving expression at the moment to an , execration. Hall having now got out of reach, Scott returned to the house, when the old man, who with Gilbert had been hovering round, dismounted at the back of a fence at a distance of about 360 yards, and with the greatest coolness imaginable pointed his carbine at Scott and fired, saying as loud as he could speak,

“Take that you __wretch.” The ball struck the ground close to where the constable was standing and ricochetted into the public house, but without doing any injury. The bushranger now retreated to a distance, and after firing a final shot, left altogether. They had fired between twenty five and thirty shots during the encounter, and the troopers, who reserved their ammunition for closer quarters, only nine. On leaving, Hall called out that they would come again directly, and this the police fully expected they would do after re loading their pieces They therefore made every preparation for giving them a warm reception, barricading the doors, and loading with slags the only available weapon in the house-an old double barrelled gun-and as early as possible despatchiog a message to Cowra for assistance.

A vigilant watch was kept until midnight, when Sir Frederick Pottinger arrived with four troopers , but as nothing further occurred during the night two of these were sent back in the morning. Shortly after daybreak the two troopers, Scott and Macnamara, proceeded to Young with the racehorses where they arrived in safety at five o clock in the evening, while Sir Frederick scoured the bush in the neighbourhood, in the hope of meeting with the gang, but without success.

On the news reaching this station, Inspector Single- ton at once dispatched a party in the direction of the scene of action, and an intimation having been received that a visitation from Messrs Hall and Company might be expected any hour at the racecourse, for the purpose of seizing some of the crack hones while taking their “breathings”, a detachment of police was told off to do duty on the course up to the ter- mination of the race meeting

Such is actually the state of the Southern district at this moment that a race-horse cannot be re- moved from one township to another a few miles distant without an armed escort!

The bushrangers were well dressed, well armed, and well equipped. Hall was well known to several of the parties bailed up, and Gilbert’s youthful and foppish appearance could not be mistaken.

They were armed each with three revolver« besides a car- bine or a rifle each. Gilbert wore a black sac coat, black hat, and breeches The old man is described as about forty five years of age, has a most villainous countenance and by his style of aiming at his oppo- nents, and his terrible execrations during the encoun- ter, would neither hesitate at murder nor any other crime.

The conduct of troopers Scott and Macnamara is stated by those who witnessed the affair as being deserving of all praise. The bushrangers rode splendid horses-Halll a chesnut, with one white foot, and the others a black and bay. Not a shilling was taken from any one of the parties stuck u,, Hall and party being completely worsted by the unexpected presence of the police

22 Sept 1864

Ben Hall and his mates appear, for the present, to have retired from business, ensconced, no doubt, insome out-of-the-way nook or comer, of which our almost boundless scrubs and rugged rangeB offer|any number, where they are supposed to be nursing their wounds.”

Although as yet unhurt, it is said that the “ old mans begins to look upon bushranging as a more seriouB business than he anticipated.

His idea was, that it was one day’s raid and a month’s spree, undisturbed by revolver bullet wounds, or. any other of the mis- chances of a highwayman’s career.

Late experience, however, has convinced him to the contrary, and it is reported that the -contemplation of such contingencies renders him rather uncom- fortable.

The stranger has again been seen about the Billabong within the ‘past few days,”but beyond this naked fact no particulars haye transpired.

Whether anything is being done towards effecting the capture of these desperadoes X i*m not.in a position to.say ; if so, it is kept very quiet, an,d wisely so. Hitherto there has been too much publicity connected with the movements of the police. _

5 Oct 1864

On Monday morning last, news reached Gundagai that the down Sydney mail waa stuck up by Ben Hall, Dunleary, and the Old Man.

From valious sources we have gleaned the following particulars, which may be relied on as being accurate :

-It seoms that on Sun- day evening, about five p.m., when the mail coach was about a mile and a half the Yass side of the Jugiong toll-bar, it was ordered to stand in tho usual orthodox manner, by pre- senting a convincing show of revolvers, and, of course, this order was complied with with- out delay.

Ben Hall, who, from his long and varied experience in the mail-robbing business, bas become quite an adept at it, then ordered the mails bags to be brought by the mailman to a little gully, a short distance off the road, where he had three travellers whom he had hailed-up, while waiting for the mail to come up.

He speedily opened the mall bags, and emptied their contents on the grass, and picked out all registered and Government letters for examination.

Before proceeding to examine these letters, he handed a news- paper to each of his victims, as he said, “To help to pass the time whilo he gutted tho letters.”

Almost the first letter he opened was one from the clerk of petty sessions, at Gundagai, containing seventy-three half notes; he remarked-”

That people were getting pretty wide awake now, but he would be able to find use for these.” He tore up into fragments all Government letters, He opened one letter containing four £5-notes. On seeing them he held them over his head, and laughed quite jolly, sajing-” Whoever sent them was a d-d idiot: a fellow would think he was a new chum. He obtained a number of whole and half cheques, which, ho said,

“He could not do much with, but would be able to pass some of them.” He then got the Bogolong roadside mail bag, and put all the cheques and some news- papers into it, and then allowed all his victims to proceed on their journey.

The parties whom he had stuck-up previous to the mall were detained four hours by the gang, One of them, Mr. Eggleton, of Tumut, was eased of a ring and two vests, and an exchango made with bis saddle ; and while he and his companion-in misfortune-a Mr, Lomes, were cantering along the road towards the toll-bar, they wero again overtaken by Hall and his two mates, and told not to ride so fast, or they would tako their horses from them ; they were then ordored to ride behind the bushrangers to the toll-bar.

Ben Hall stayed a short distance away, on the watch ; Dunleavy and the old man proceeding to the toll-bar, asked what tho toll was ; the toll-keeper’s vrife told them id. The old maa said, “Oh, Ia that all!” and pulling out a revolver, bailed the house up ; ordering all the inmates outside.

Dunleavy then searched tho houEe, and found a purse, out of which they took a ¡£l-note, throwing back the silver, saying, “We don’t; take silver; but times aro getting bo b-y bad we will soon havo to do it.” Ho then asked for some tucker, but tho toll-keeptr had none to glvo him ; and he then crossed the read to a house a short dis- tance off, in Avhich lived a person named Goodwin, and obtained some tnere. Having finished their job, the old man ordered one ot tbe victims to bring him his horse.

Tho man, while going towards the horse, got side- ways on to the old man, who immediately changed his revolver from his right to his left hand, saying “ He could use a revolver with both hands.” After telling those whom they had detained to go on, and tell the police if they liked, the whole gang rode off in the direction of Murrumburrah.

While waiting in the hush for the mail to come up, Ben Hall was very chatty. He took off his coat, and showed wbera he was wounded in two places, in the arm, in the encounter he had with tho police, near Forbes, a few weeks back, and said-”That the wounds were very slight; bat it was a near go with bim ; the police would never have such a good show for capturing him again ; and that for the future he would shoot every ‘ trap’ he carno across ; and he knew there was either a rope or a good lag- ging wailing for him; but he would havo to be caught first.” He appeared to be well up in the newa of the day, and knew of Miss Dickson being apprehended for horse-steal- ing, and that “ they had many a jolly laugh over the yarns that appeared about them in the papers.”

The gold escort, which was on its way to Yass from Gun- dagai, had arrived at Jugiong; and Sergeant Parry immediately despatched two men to the toll-bar ; hut M’Douald, the tollkeeper, refused to 6tvo any information, as he said he was afraid that the busbraugers would como back and burn his bouse down. The two constables were therefore compelled to return -as wise as before they went. Hall made in- quiries as to the number of police in charge ot the escort; and being tola five, he said

“We are not strong enough to have a go at them, but will shortly.” The plunder ob- tained by this noted gang was not large. No doubt they will be able to pass all the half notes by joining them together; yet the sum obtained will not exceed £70 ; including the money and jewellery taken from the tra- vellers, £100 would cover all. On Tuesday last, about five p.m., these three bushrangers paid a visit to Mr. Macansh’s station, at Baggan Baggan. Hap- pening to meet Miss Macansh outside the house, they inquired if Mr. Macansh was at home, as they wanted to see him. She said her father was not at home ; but she would tell her mother.

Hall followed her into the house, bailed up everyone inside, and ran- sacked the place, making a close search for money. He found several articles of jewel- lery, which he appropriated; also two splen- did saddles.

A gentleman named White, who has but recently arrived in the colony, had a gold watch and chain, valued at 26 guineas, taken from him—a little bit of colo- nial experience which, we dare say, he would have preferred not gaining. The other two mates of Hall had, in the meantime, bailed the station hands up, and were joined shortly after by Hall.

One of the men, named French, had a loaded gun in his band, and was walk- ing towards the stockyard to kill a bullock, when he was called back, and ordered to drop the gun. Hall then picked it up, and fired at a tree, remarking that, it being a single barrel, it was of no use to him ; but to prevent mis- chief, be would bring it with him, and leave it on the road. The gun was afterwards found about half a mile from the station. They then left, and paid a visit to Mr. Hutcheson, of Cunningham’s Plains, taking from him a saddle and a racehorse, stating they wanted fresh horses badly. Such are the details of the outrages com- mitted by this notorious gang, which, in cool- ness and audacity, are unsurpassed. Well may we ask—How much longer is this state of society to last ?

25 Oct 1864

GOULBURN.

Monday. At half-past eight this morning, Mr. Frederick Chisholm and Mr. A. A. Jones were travelling in a buggy, when they were stopped on the Breadalbane Plains, fifteen miles from here, by three bushrangers, who robbed Mr. Chisholm of three pounds.

Mr. Chisholm says that they were Ben Hall, Gilbert, and a youth named Dunn, who is under committal for Yass Quarter Sessions. Gilbert said he had been lying by for some time.

At eleven o’clock the mail coming from Yass was stopped by the same men a little way out of Gunning.

17 Nov 1864

FATAL ENCOUNTER WITH BEN HALL AND HIS GANG. ROBBERY OF THE MAIL, AND DEATH OF SERGEANT PARRY.

In our last issue we remarked that for some time past we had to record each week two mail robberies on the main Southern Road, within sixty or seventy miles of Yass.

This week proves no exception. The mail from Gundagai to Yass was robbed on Tuesday afternoon, and on Wednesday one of the most daring attacks we have yet had to chronicle was perpetrated on the mail, and the mounted escort which accompanied it, on the same line of road, and within a few miles of the scene of the outrage on the preceding day.

When three daring villians such as Hall, Gilbert, and Dunn are permitted to take possession for weeks together of the main road in the colony, and to perpetrate outrages almost innumerable, it proves most unmistakably the shameful way in which the enormous sums expended for police purposes are wasted.

These three ruffians have put all the powers and the means in the possion of the consti- tuted authorities at defiance, and the injury they have occasioned to the community, and the serious loss that has been sustained by the utter absence of confidence in all commercial transactions, are incalculable.

We do not attach much importance to the hasty muster- ing of a few volunteers, whose courage is apt to evaporate after riding a dozen miles or so. But what is wanted is that a sufficient number of determined men should unite, and by forming a cordon around the well-known haunts of Hall and his gang, gradually to press forward until the scoundrels are captured or shot.

Why Captain Zouch has not so arranged the large mounted force in the several dis-tricts under his control in some such matter we are at a loss to conceive. There can be no doubt that Hall and his confederates are playing a desperate game, and will fight most determinedly before they are captured.

The following are the particulars of the outrages referred to, from which it will be seen that in the affray on Wednes- day, one ol the gang shot dead a brave and much respected officer of the police — Sergent Edmund Parry, of Gun- dagai. On Tuesday afternoon, the mail from Gundagai reached the Hill at Deep Creek, about five miles on the Yess side of Jugiong, shortly before five o’clock. Mr. Sheahan, of Jugiong, the mail contractor, and Mr.Bradbury, of Quean- beyan, were passengers by the coach, and had alighted to walk up the hill.

They were some distance in advance of the coach, Mr. Sheahan being a few yards ahead of Mr. Bradbury. The formerwas 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 side, the third in the centre of the road – they galloped towards the coach.

On coming near it was noticed that each had revolvers tn his hand, and the order was given by Ben Hall to “Bail up.” Mr. Sheahan folded his arms across his breast, and said “All right,” and Mr. Bradbury threw his arms above his head, repeating the words used by Mr. Sheahan. Hall then took Mr. Sheahan in charge, Gilbert look the coachman and mall, while Dunn took Mr. Bradbury. 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 tum off to the left, and approached a spot where twelve teams were stuck up, as well as a number of horse- men. The mall was then stopped. Mr. Sheahan was asked if he had any money ; he replied that be 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 on 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. Brabury if they would have some wine. They answered “yes”.

When Hall called to one of the teamsters to fetch over some port wine. The wine was brought in a quart pot, and a portion of it drunk by those present. The examination of the mall-bags mean- while 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 Hall, and noticing a large number of whole and half cheques remarked they were 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 Post0office his coat poxket as full of cheques as it could hold as well as three bank drafts.

A tin box was picked up by Mr. Bradbury in which was found a frosted silver star bracelet with three pendants, and a necklace. These articles are now in the possession of the Yass police. 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 mailbag. On the bushrangers completing their work, Gilbert handed half-a-crown to the person he had ordered to hold his horse, and Mr Sheahan, following his exanple, handed a similar amount to the man who had been told to hold the coach horses.

The driver of the coach then 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 Brenan, who, with a couple of mounted men, took the road within half an hour. It was fully expected in town that the mall on Wednes- day would also be robbed, and the spot where it was ex- pected to toke 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 11 p.m. and it is generally very punctual to time, and not having arrived at a quarter to twelve, it began to be thought very likely that it has been stopped. A few minutes before twelve it was heard approaching, and much anxiety was felt to lean what had occurred to cause its detention. It was then ascer- tained that on the mail leaving Gundagai, constable Roche, of the Yass police, who had gone sa guard of the mail the previous day to Gundagai, and Mr. Rose, police magis- trate of Gundagai, were ito occupants. ‘It was escorted by sub-inspector O’Neill, and sergent Edmund Parry, of the Gundagai police.

On reaching within about four miles of Jugiong, at place known as the Black Springe, Hall and his companions appearsd from behind some rocks. The moment they were noticed a signal was made from the coach to the sub-Inspecter and sergeant to ride up, whloh they at once did, and one of the bushrangers re- marking that the “bobbies” were with the coach. Gilbert said, “ there are only two of them; come on, let us rush the —-.” ‘They then darted towards the coach, and on getting near the police called out “come on you —- wretches; we will fight yon like men.”

A deadly encounter followed in which poor Parry, who had acted very bravely throughout, was shot through the left shoulder and dropped dead. Before, how- ever, 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 twenty or thirty Chinamen. Among those detained were a son of Mr. Owen Ryan, of Derrengullen Creek; Mr. Hayes, wife, and a young man, who were in a buggy; and others to the number of forty or fifty. 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 a shot at McLaughlin. The constable discharged the six barrels of his revolver in the encounter, and then surrendered, some nine or a dozen shots previously 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 into sight and the affray commenced as stated above. Constable Roche, who was on the coach with two large pistols, a six barrel revolver and a carbine, is said to have slipped off the coach when the fight began, and have darted into the bush carrying his firearms with him. He did not subsequently appear on the scene.

Gilbert fought with sergent 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 ahots from a revolver. On Parry falling dead, the inspector surrended.

The bushrangers disarmed and took from him a ring, and his watch-chain, but we believe he was permitted to keep his watch on him insisting it belonged to his father. The horse O’Neill rode was however, taken, one of the bushrangers remarking it would make “a —– good pack-horse,” Hall and his mates on the termination of the fight ordered Mr. Rose to throw out the bags, which the bushrangers cut open in their usual manner, and appropriated all they desired. The mail was a heavy one, and it is supposed they secured a large amount of money. From constable McLaughlin they took 7.5 pounds; 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.” The injury to the head however was received when he fell off his hourse, and was not the effect of one of the shots fired. On the scoundrels ad- stracting from the letters all that was valuable, they per- mitted the fragments to be placed in a bag, which was brought onto Yass, and forwarded to Sydney the same night. Parry’s body was placed upon one of the drays, and taken to Jugiong, where a magisterial investigation was held bt Mr. Rose.

The driver of the coach from Jugiong met sub-inspector Brennan and two mounted men about four miles on the Yass side of Jugiong, and informed him of what had occurred. The police rode on to Jugiong, and endeavoured to find the tracks of the bushrangers. Dark- ness however, prevented much being done; and the in- spector and his men returned to Yass, where they arrived at nine o’clock on Thursday morning. It may be mentioned that the bushrangers informed the police that they intended to rob the mail next day (Thursday) and told them to send as many policemen as they liked and they would fight them.

On the mail reach- ing Yass on Wednesday night, sergent Scully, who was in change of the force in the absence of sub-inspector Bren- nan, at once dispatched 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.

17 March 1865

FELONS APPREHENSION BILL

Mr DARVALL, in rising to move the second leading of this Bill said that he made this motion with feelings of regret that it should have fallen to his lot to perform this duty

That, howovei, would not prevent him as no doubt it would not have prevented any other in his place, now doing that which he behoved to bo right

He deeply regretted that the condition of the country should be such as to call for greater so cnty in ordei to repress crime Ho was unwilling to accept ns a solution for the present condi- tion of aflairs tho professions of men of letters and expei I ence, that a society raised as ours had boen upon a founda- tion uke our own could not foil to revert ultimately into bngandago and misgovernment, not could ho suppose that there were m this country any difficulties of this kind that could not be got over bj wise legislation and vigorous .ebon

He thought tha* hon members might nil share in this feeling of regret and pam at tho present state of things, which in his mind was not altogether apphcnble to the dcpiav ed condition of tho population

They might trace, it, to some extent, to mis government, to impioner legislation, to temptat’ons too often unwisely placed in the way of those who could not resist them, to the unprotected state of property, to tho inability to repress crime, and its consequent immunity, and to the too great dispersion of our population

Putting all these considerations together the present state of ttffaus was no more than a natural conscqueuco of the condition in which men were placed m the mtenoi to a great extent boy ond tho reach of law, and entirely beyond the reach of religion and education If the same circumstances ns regardai the population existed in Knglard, thov would assured h bud the same fruits from tho Bainc seed 1 hey existed hore, how ever, and now his duty, and the dut ot the House w as, as far as they could, and having rognrd to the protection oí life and property, was to see that tho innocent weio pre- lected, and that crane was put down

Ho did not desire to go minutely into the history of these elimináis, but, usa justification of the measure ho had introduced, he would place Dcforc tho Houbo tho criminal history of a certain number of notorious villains who still eluded the law, and were yet at laigo He did this as i basis for his claim upon the Houso to pobs this Act to vindicate the law which it was the duty of the Government to protect at till ho/urds, and which was not foi n moment to bo put m the scalo against the interests of those who did nothing clso than prc upon society

It was due to tho pohco lorco that ho should allude to the penal history of somo of these men, in ot dei to show that though crime might remain toi a IOUJÏ time unpunished, yet tardy lustice must ccitainly tollow If ho referred to this catalogue of clinic he believed ho should be justified in the opinion of the Assembly, because ‘hodesued bon members to know tho difllcultv to be dealt with before asking thom to sanction the remedy ho proposed Ho would not give the House any detail in name ot those persons who were robbed or muraerod, but the result of the police history of the culprits as far as it was known , and it might bo presumed that although many crimes had boon brought to light the great body of their ci unes i emaiued en tiroly secret

Gardiner was guilty of six mail and highway robberies with arms, of six outrages and robberies with arms (twelve offences), leaving out of consideration whethei ho might oi might not have been convicted of murdei

It was unnecessary to swell the account of his cnnies John Peisley was gui’ty of ono murder, three mail robberies, five robberies with arms-altogether sine

John Davis was guilty of two mail lobbenes, and one robbery with amis

Henry Manns was guilty of one wail robbery John Bow, onemailrobboiy

Ford vee, one mail robbery

Charters, one mail robbery

John Gilbert was guilty of two murders, twenty-one mail robberies, thirty-seven robberies with arms and violence-altogether sixty offences

Hall was guilty of two murders, twenty two robberies with arms, and thirty-two other robberies altogethei fifty-six

‘Ihe thing was appalling, and almost incredible, although our feelings were blunted by tho daily repetition of the60 crimes, one only of which would carry terror into the nunds of every man in England O’Meally was guilty of one mm der, nino highway robberies, and soventeen other robberies with ?TOM Patrick Daly was guilty of three robberies with arms Burke was guilty of two mail robbe- ries, and three with arms, Vane threo mall robberies, and three othei robberies with arms, Lowry one mail robbery, two robberies with anns, Mount, abas Gordon, three rob- beries, and five others with arms, Dunn, two murders, twelve mail roVtenes, and fourteen robberies with arms, Dunleavy, one mad robbery, and two robberies with arms, Morgan/twenty robberies with arms, six woundmgs with intent to kill, and at least two murders

Gardiner was guilty of six mail and highway robberies with arms, of six outrages and robberies with arms (twelve offences), leaving out of consideration whethei ho might oi might not have been convicted of murdei

It was unnecessary to swell the account of his cnnies John Peisley was gui’ty of ono murder, three mail robberies, five robberies with arms-altogether sine

John Davis was guilty of two mail lobbenes, and one robbery with amis

Henry Manns was guilty of one wail robbery John Bow, onemailrobboiy

Ford vee, one mail robbery

Charters, one mail robbery

John Gilbert was guilty of two murders, twenty-one mail robberies, thirty-seven robberies with arms and violence-altogether sixty offences

Hall was guilty of two murders, twenty two robberies with arms, and thirty-two other robberies altogethei fifty-six He (Mr. Darvall) supposed’ the energies of each Government had been devoted to the repression of this crime He supposed the preceding Government did their best He was willing to believe that the Legislature acted wisely m framing the Police Act, and that the police force had done its duty, and we were driven to the conclusion that the country offered such facilities foi I escape as to give an impunity to crime that rendered it necessary to deal with it under severer measures-measures which in this country and under existing circumstances were urgently demanded. Nat only was it requisite that offenders should bo convicted, but we must, if .possible, eradicate the seeds so widely spread by dealing with that

Gardiner was guilty of six mail and highway robberies with arms, of six outrages and robberies with arms (twelve offences), leaving out of consideration whethei ho might oi might not have been convicted of murdei

It was unnecessary to swell the account of his cnnies John Peisley was gui’ty of ono murder, three mail robberies, five robberies with arms-altogether sine

John Davis was guilty of two mail lobbenes, and one robbery with amis

Henry Manns was guilty of one wail robbery John Bow, onemailrobboiy

Ford vee, one mail robbery

Charters, one mail robbery

John Gilbert was guilty of two murders, twenty-one mail robberies, thirty-seven robberies with arms and violence-altogether sixty offences

Hall was guilty of two murders, twenty two robberies with arms, and thirty-two other robberies altogethei fifty-six Muuliary sympathy arising out of . common feeling wita ctvuiuala wLObC CO&YICUOH; and punishment became moh difficult bccnu-e the it>prchcn«ton^f ono would lead to the cxrosuroofsoirany «mfcdciites tint aiMl number in the d jil rbcd districts would be implicated

Gardiner was guilty of six mail and highway robberies with arms, of six outrages and robberies with arms (twelve offences), leaving out of consideration whethei ho might oi might not have been convicted of murdei

It was unnecessary to swell the account of his cnnies John Peisley was gui’ty of ono murder, three mail robberies, five robberies with arms-altogether sine

John Davis was guilty of two mail lobbenes, and one robbery with amis

Henry Manns was guilty of one wail robbery John Bow, onemailrobboiy

Ford vee, one mail robbery

Charters, one mail robbery

John Gilbert was guilty of two murders, twenty-one mail robberies, thirty-seven robberies with arms and violence-altogether sixty offences

Hall was guilty of two murders, twenty two robberies with arms, and thirty-two other robberies altogethei fifty-six …

AVhnt he desired by the bill to do was to stnke n wholtsonie terrui into thi people-more towardlj thin the bushi-ni^cra-paituipnting in the fruits of then mines without taking am nellie part 01 responsibility 111 them

He desned to mnke it more difiicult and dangerous foi them to purhiie their career of harbounng, and lot the felons, feel that then footsteps were dogged bj avenging justice so that, when least expected, thej might be caliea upon to wold up then live« in return for the blood thoy had shed It would bo in min lo legislate in any direction that would not make it a ninttcr of gi cat difficult) and danger to fin nish assistante to these people

I he law ho proposed went n httlû further thau the English law as it aj prosent existed Bj the law of England the first process of outlawri w as in caso of nus demeanour bl a wnt of inttiejaciaj,, which was in tho na- ture of 11 summons, to cause the pal tJ to appeal, and if, by the return to such tonie, it appeared that tho parti lind lands in the count) w horeb! he might bo distrained, thtn H distress infinite should be issued from timo to tune until he appeared On indictments for treason aud felon) the tourso was moro summari, and a capta* was tho fiiat pro icss

After the se eral writs hvd boen »sued in régulai numboi according to the nnture of the rcspecti! e crimes, without any ofiect the offendei was put 111 the eaqeni 111 ordei to Ins outlaw 11 that was, he Miould be exacted, proclauned, 01 reqmral to surrender nt fne count! courts, and a writ of proclamation was ills« issued If ho bo returned quinto exacUm, and did not ippear nt tho fifth exaction or requisition, ho was ad tudgetl to be outlawed 01 put out of tho protection of tho law Tho process of outlawT), which was to bo oxtendod to quoitei sessions cases, as well as to mutter» m nupenor courts, was confined to tho higher courts

Although out- lawed, 11 man’s hfo (111 the language of the old wntcrs) mn not be token wanton!) 01 wilfulli, 01 unless it bo ui the endeavour to apprehend him Now the distinction hero was somowhnt fine

Any man might take the life of an offender so summoned whero cr ho might meet with bim, ind lie would be perfect!) justified in using such foi co as it might be necessary for bun to put foi til in taking the guilt) party,-eien it that force should go to touch life Still, so tender was the law tn respect of life, 11 civilian w as not to be considered as authorised to take the hfo even of an outlawod man in a careless 01 w anton manuel Ihe life of an outlawed person might, nevertheless 111 all tases, be Ia vfullv taken without chal- lenge bl parties proposing to apprehend bun if tho hfo were but taken with 11 pul pose and m tüoendea!

Our to appre- hend In this eolonywe had, at present, no process of outlaw 11 and this appeared to be a good opportuniti of mtridueing it without liai of its having anything buta Vhplesomo and salutari ifleet

It was not likely that th» pioccss contemplated bi the bill would be liable to misuse, for there was no doubt whateier ns to the identit) of these men, whose barefaced careoi of cninc bad disgraced the entire colony Thov wero men personally known throughout tho whole distnets infested Li them, hundred», perhaps thousands, knew them b) sîjjit-not onl) those vi ho had aided and abetted thora, but those bl vi boin the) were now pursued, and b means of whom, it was ti be hoped tho lolom would soon be re lloved fi oin thou lawless wolence It was not likeli, there fore, that an) nnstako would bl nuidcns to tho ideutit) of the men who would be bi ought under the operation of this At t 1 he législation proposed onl) w t nt to interpose w hore suth an interposition lind become lndispeusabli necessaiy lui tin socuntv ol the lives of peiceable eituens, and for the piotcction of then prepirt)

It saul, ui íict, to all will disposed persons “)ou shall not be required, nt the needless nsk of loui hic» to ihallcngo these outlnws, whose atts luuo deprived thom of thoai ordinär} safeguards with which the law has nu-rounded e,ood uti/cns No senhmentnl ieclinp, founded upon pnnciplos which these »toundrcls openl) despise, shall lieuitfoith prevent them from being made acit untablc to that |usrtce which thoy have dared to outrage and to defv 1 ho law has been changed, because it has been found unequid to the cirtumstanccs of the guilt 11 those men , it has been changed for this re ison, and onli for this (Hear, hear) Mnni )onrs had elapsed j since the Mate of things in England, m rognrd to this ‘ bpecicb of trune, was similar to what now obtained in New South AVnlcs lhere such crano was altogethei excep- tional-not less contrar) to law thnnopposod to public opinion, and isolated from local sympathies

But we must deal with evils where they existed, and legislate eficctuall) for tlu general well-being ot boner) He know of no limit, with that end kept stnetly in view, by which the) ought to be circumscribed in tho pcrfoniianco of then duty as legislntoio The) were bound to protect socicti nt lal go from lawless violence, and to change or modifi the law, if its pro! islons were found to bo inade- quate In England tho publicity of the preliminary pro- ceedings winch led to outlawry wore not great, but the consequences of the process were temblé Ho proposed, in the process here, that there should be a proper degree of publicity, and that all duo regard Bhould be nad to the liber- ties of the subject The bill began by providing that, after information loi any capital enmo had b»en laid, a judge might cause tho accused to be summonod It provided that, wheneicr an information shall be ¿led m the Supremo Court by her Majesty’s Attorney-General (after oath mado before a justice of the peace, and a warrant thereupon issued charging the person named and described with a capital felony), any judgo of the’eaid court-”upon being satisfied by affidavit of these facts, eba that the person charged is at large, and will pro- bably resist all attempts by the ordinary legal means to apprehend lum “-may forthwith issue a Bench warrant for the apprehension of tho person so charged, and may caose a summons to bo inserted m the Gazette, requiring such per- son . to «irrender himself to stand his trial So that they, would hive the justice and advantage of a preliminary inquiry before the magistrate for tho guidanoe of

19 April 1865

JOHN GILBERT, BENJAMIN HALL, and JOHN T DUNN, summoned to surrender.

New South Wales to wit. .

By His Honor Sm Althed Stephen, Knight, Com. panionofthoBath, Chief Justice of the Supremo Court of New South Wales.

WHEREAS, it hath been made to appear to nie, by affidavit, that after oath made by JOHN M’LERIli, ot Svdnev. Esquire, Inspector-Genera] of Police, betöre DAVID CHARLES FREDERICK SCOTT, Esquire, one of her Majesty’s Justices assigned to keep the peace m and for this colony, charging John Gilbert with having, on tho sixteenth day of November l^t. at Jugiong, in this colony, feloniously murdered ono EDMUND PARRY, and charging Benjamin Hall and John Dunn with having been feloniously there ptcscnt aiding and abetting tho said John Gilbert in that murder, a Warrant was, on tho eleventh day of April instant, duly issued under the hand and seal of tho said David Charles Frederick Scott, com- manding all peace officers to apprehend the said John Gilbert, Benjamin Hall, and John Dunn upon the said

° And whereas, it hath been, by affidavit, further made to appear to nie, that afterwards, to wit, on tho twelfth day oí April instant, an Information was duly exhibited and filed in the Supremo Court of Now South Wales, by tho Honorable JOHN BAYLEY DARVALL,. Esquire, her Majesty’s Attorney-General for this colony, informing tho said Court and charging that tho said John Gilbert, Benjamin Hall, and John Dunn did, at Jugiong aforesaid feloniously, wilfully, and of their mahco aforethought kill and murder the said Edmund Parry.

And it hath been made further to appear to mo by affi- davit that tho said John Gilbert, Benjamin Hall, and John Dunn are at large armed, and will probably resist severally all attempts by the ordinary legal means to apprehend any And whereas, after proof to my satisfaction of tho matters aforesaid, I have issued a Bench warrant under my hand and seal for the apprehension of the said John Gilbert, Benjamin Hall, and John Dunn, in order to their answer- ing and taking their trial upon the information of tho sud Attorney-General for tho said murder, the same being a felony bv law punishable by death.

Now, ‘ therefore, I, the said Chief Justice, in pursuance of tho statute in this behalf made called “Tho Felons Apprehension Act,” do hereby, in her Majesty s name, require, summon, and command the said John Giloort, Benjamin Hall, and John Dunn, and each of them, that they severally do surrender themselves to the gaoler of her Majesty’s gaol at Goulburn, in this colony, on or before SATURDAY, the twenty-ninth day of April instant, at or before noon of the same «ay, to abide their trial respectively for the felony and murder bo charged upon them as aforesaid, under the penalty as to each of them in default of being adjudged and declared to bo an outlaw under the provisions of the said Felons Apprehension Act.

And I order that this summons be published in tho Gazette, in the next two numbers thereof, and twice in two Sydney newspapers, and not less than twice in one Bathurst and ono Goulburn newspaper, between tho seventeenth and the twenty-seventh days of April instant, and also by a copy hereof being affixed to tho principal outside door of the Police Office m Goulburn, Bathurst, Carcoar, Wellington, Orange, Forbei, Young, Yass, Jugiong, and Braidwood respectively, and so kept affixed in the daytime during at least four hours daily on three days between those dates.

And all and singular, her Majesty’s subjects arJ en- joined to aid as far as in them lies in the apprehension of the parties so required to surrender, and aro hereby warned that persons giving assistance in any manner to tha *>aid John Gilbert, Benjamin Hall, and John Dunn, or any of them, enabling them or him to elude or delay capturj, may become thereby accessories to tho murder with whicU those parties stand accused. Given under my hand and seal, at tho Supreme Court, in Sydney, ‘he seventeenth day of April, in the year one thousand eight hundred and sixty-five. (Seal) (Signed) ALFRED STEPHEN.

13 May 1865

THE DEATH OF BEN HALL.

On Saturday, the 5th May, at about 4 o’clock in tho morn mg, a body of pohco, un der tho direction of sub mapoctor James Henry Davidson, armed in 1 orbes with the corpse of Ben Hall, tho bushranger Ho had bom killed tho night before near the north Billibong, about twolvo milos from Forbes, and the body was pierced with eight or nine» bullots Either one of four of the wounds must hav o proved fatal

It is said (hat the spot where he was killed is not far norn Mr Pierco Strickland’s station It is also said that Hall had been in and about the town of I orbes two or throo days grevioufl to boing shot Gilbert and Dunn wore not with un and it is rumoured that thoy were off after somo horses, while Hall visited Forbes and neighbourhoed, and that it was while Hall was on his way to join Gilbert und Dunn that he waa killed Prom 10 o clock in tho morning of Friday, tie room whero the body lay was filled with persons curious to have a look at tho corpse of the man who has contributed so much to bring New South Wales into disrepute by his wanton outrages

I suppose that four or fivo hundred porsons visited tho barracks, and I saw several females among tho dowd After tho enquiry several parties availed themselves ot on opportunity to got a lock of the bushrangei s hair His body was lying upon a stretcher in the south east corner room of tho building appropriated to the foot police lhere was nothing forbidding in the countenanco of Ben Hall, as ho lay there still in death In fact,

I heard the re- mark made several times, during the moment I was in the room, “ What a handsome face ‘ Ho appeared to be a voung man about twenty-eight, finely wade, excellent features, lofty forehead, and fine brown hair His whiskers nnd moustncho were cut quite close and of a much lighter colour than the hair on his head I heard many make the remark,

“ I have? often seen that face somewhere, but cannot tell where “ I have myself seen tho face, but have no idea when or where Iho most remarkable feature in tho coun- tenanco was a peculiar cuil m tho right eldo of tho upper bp, indicating ordinanly a feeling of contemptuous scorn, produced by the action of tho mind upon tho muscles

In this caso I am told that it is a constitutional feature, and may therefore indicate nothing Bon Hall s career is too well known to require notice, and tho opinion is now almost universally entertained in Torbes that the Lachlan district will soon be na of the bushranging desperadoes Tho magisterial enquiry was held at noon, in the large dining hall of tho police barracks, before Mr William 1 an-and, P M

It was filled b} the most respectable gontle men in I orbes All appeared to feel a hv ely interest in the proceedings James Henry Davidson, sworn I am a sub inspoctor ot police, stationed at Forbes, I started from Toibes on Satur- day, tho 29th April, in pursuit of tho bushrangers, Hall, Gilbert, and Dunn , my party consisted of my seit, sergeant Condell, four constables, and two black trackors On Ihursday evening, the 4th of May. at about 10 o’clock, wo carno upon two horses hobbled in tho scrub, noar the Little Billibong on the Currajong side, and about twelvo miles from Torbes Wo were watching tho horses about hall an hour when a man carne out and caught them, he paused very close to where we were standing, and led tho horses about ono hundred yards,

I did not recognise him as Ben Hall at that time , ho then hobbled the hoi ses again, and returned to a thick scrub , Billy Dargan, tho tracker, said he thought he heard BOHÍO ono scratching in tho scrub, as though preparing a place to sleep , I placed five men where w o w ero standing , and myself, sergeant Condell, and Billy Dargan, went below with tho intention of attacking lum in his camp , at this time we only thought it to bo Ben Hall M o could not get within one hundred yards of his sleeping place, on account of tho snorting of tho horses , wo waited there until mornuig ,

at about half past 6am I saw a man at a distance of about one hundred and fifty yaids, vv ith o bridle in his hand, walking tow aids the horses, when ho got about half wav between the scrub and the horses – ni} self, scigeant Condell, and Bill} Dargan, started to run tow aids lum, he was not aware of oui presence until wo ron about fiitv yards wo now knew it to bo Hall, upon seeing us ho mn towards the sciub and m the direction of where the four constables and Charley the trucker were stationed, I then called sov eral times, ana ordered him to stand To the Police Magistrate

At this tin o I was not aware thnt he had been outlawed, having left Torbes before that occurrence, aftci iiinning about ono hundred yards I was within about forty yards ot him when I levelled a doublo-barrellcd gun and hied one shot, I be- lieve I hit him, for he halted and looked back, sergeant Cou dell and Billy then fired,

I think thov both hit him, we hied pretty close together, Condell and Billy were running a little» in my rear, about fifteen yards to my left , Hall ran about sixty yards to a few saphngs, and caught hold of one , I think he was (then mortally wounded, the four constables and tracker then came across , I think Hall saw thom coming, for ho changed his course , they hred , I was then within thirty yards, when Hipkiss fired his revolving rifle , I noticed Hall s revolver belt tall to tho ground , Hall, still holding to the sapling, gradually fell back , nltogethor, thirty shots w ero fired , sov oral wera fired after Hipkiss tired , I fancy ho was shot m the head after that , ho spoke afterwards , no said, “Im wounded, shoot mo dead I then went up and noticed that the bullet shot by Hipkiss had passed thiough his sido, he died almost lmmediatel} ,

I searched him and found teven ty four pounds m notes, in two .hatnois leather bugs, one in his breast coat, and tho other m his trousers pocket , three gold chams and a gold watch , a portrait ot a woman, thrto revolvers, somo bullots, and articles of wearing apparel, his poncho and blankets were with his saddle, there was a çoltt keeper on his finger, I knew Hall personally, his clothes were perforated with bullets, through and through AVe then caught his two horses and packed his body upon the saddle, and in this manner took it to our camping ground, and from thence into Forbes James Condell, sworn I am a sergeant of police sta- tioned at Foibes, on Saturdav, tho 29th of April, m com- pany with sub-inspector Davidhon, four constables, and two black trackers,

I started from I orbes in pursuit of tho bushrangers, Hall, Gilbert, and Dunn, on tho Tuesday night following I observed two horses hobbled, and watched them about half an hour, when wo saw a man emerging from tho scrub and walking towards vvheie the horses were feeding, he took tho hobbles off and led them about one hundred and fifty yards, and then hobbled them again, and let thera go, we heard him walk away through the bush into a low scrub, Billy Dargan said after- wards that he heard him scratching among tho leaves as though making a place to sleep,, sub inspectai Davidson and myself posted five men m a lialf circle where wo then ?were, «and then passed to the opposite side, wo crept through the bush for some time in search of hm sleeping place,

but were unablo to find it, wo then resolved to wuit until morning and watch the horses m tho meantime, at about 6 o’clock in the morning I saw a man emerge from the scrub and walk towards the two horses , when he had got about mid way between his camp and tho horses wo started in pursuit, wo ran about fifty yards before he obscrv ed us , be then looked up, and seeing us, ran, inspector Davidson called upon him to stand-ho looked lound but kept on running, inspector Davidson then hred upon him, I saw Hall jump, put he kept on running, I then covered him full} in the back with my nflo and hred, I then saw it was Ben Hall, I behovo my first shot took effect between his shoulders, ho kopt lunning, hut appeared weak, Bill} thon fired with a doublo barrelled gun, and I think he hit him too, we then called to tho men on tho opposite side and they came up , when Hall saw the men emerge from the scrub ho turned and ran in another direction, tho mon then all fired,

I behovo ovcry one hit him, Hall inn to a cluster of timber nnd laid hold of a sapling, and said, “I’m wounded, I’m dying ‘ Tho men then fired again, and he rolled over, he mado two oi tlueo con- vulsive movements with his feet and said, “I m dying I m dying ‘ We all approached to tho spot, and he was dead, his death v> as almost instantaneous , mspectoi Davidson then searched and lound upon lum £74 in notes , gold watch and three gold chains , a gold keeper on Ins ringer, three revolvers, capped and loaded , a bag of bullets , three boxes caps, flask of powder nnd w earing apparel, where ho was camped wo found n saddle, poncho, and two Bingle blankets , wo then packed bia body on a saddle and took it to our camp, and afterwards brought it into Torbes, I havo known Hall four years, about three years ago I conveyed lum as a pti soner to Orange, and saw him frequently afterwards ,

I identify the body of tho deceased as that of Ben Hall William Jones sworn I am a storekeeper and reside in Torbes, I havo seen the body of deceased now lying in the adjoining room, and identify it as that of Ben Hall I havo known him seventeen years, and have Boen him frtauently I during that penod, except tho post three years, I have not the slightest doubt about its being the body of Bon Hall John Newell sworn I am a publican residing m Toibes, I have known Ben Hall nine y ears, and havo seen him frequently untu the last two and a-half years, the body now lying m the adjoining room is that of Ben Hall CharlcB Ashenheim sworn I am a qualified medical man, I have examined the body of tho deceased, and find it pcrfoiated by several bullets, the shot between the shoulders the two shots through the brain, and tho ono through the body were severally sufficient to causo death

15 May 1865

DEATH OF GILBERT, BUSHRANGER.

YASS. TROOPER Bright of the Binalong police arrived in Yass this evening, and states that senior constable Hales and three troopers, from information they received, proceeded from Binalong in the direction of one Kelly’s, a settler, about one mile from Binalong, near Mr. Edgar Beckham’s station, near which place they encountered Gilbert and Dunn.

After a severe encounter and exchanges of shots, Gilbert was shot dead and Dunn escaped on foot. Constable King was wounded in the ancle. Gilbert’s body is now lying in the Binalong lockup. Dr. Campbell has gone to attend the wounded trooper. No further particulars are yet to hand. Binalong is about twenty-five miles from Yass.

THE DEATH OF GILBERT.

FURTHER PARTICULARS.

Yass, Monday evening. ON Thursday night a horse was stolen out of a pad- dock at Murrumburrah, of which no particulars could be ascertained till about 11 o’clock on Friday morning, when a gentleman named Furlonge, who was travelling with sheep, stated that he had been visited by Gilbert and Dunn, who rounded up his horses and took a favourite animal, leaving in its stead the one taken from Murrumburrah.

On Fridy night the bushrangers camped at Rieley’s Hill, two miles from Binalong, some one having seen them there apparently fast asleep. When the police received their information they went to a farmer’s hut, in which a man named Kelly resided, who is the grandfather of Dunn.

The police watched all night, but they saw no indication of the bushrangers, and left in the morning, being hopeless of success; fresh news, however, reached them between 8 and 9 o’clock on Saturday morning, which induced a fresh start to Kelly’s.

When the party arrived there they watched for about an hour, when Kelly came out of the hut and walked up and down, in front of the door, and afterwards his wife came out. A little while after Kelly’s youngest son, Thomas, made his appearance and was beckoned by constable Hales, who inquired whether there was any one besides his parents in the hut, to which the boy replied, that no strangers had been in the house during the night. Hales, however, pro- ceeded to the house, and burst open the door, when he was saluted by a volley from the two bushrangers.

The fire was returned, and the police withdrew for a short distance, when almost immediately after Gilbert and Dunn were observed running through a paddock adjoining the hut. Constable Bright started in pur- suit, and was followed by the three other troopers, Several shots were then exchanged on both sides, when the bushrangers again retreated, and Hales and Bright fired together, and Gilbert fell.

The pursuit after Dunn was continued, but although, several shots were fired at him none took effect; and he has since been heard of at Bogolong, ten miles from Binalong, having stuck up Mr. Jullien’s station yesterday from whence he took a horse, saddle, and bridle.

THE INQUEST. The inquest on Gilbert’s body was held yesterday, before Mr. D. Campbell, coroner for Burrowa, and a jury of twelve, at the Court-house at Binalong.

The evidence of constables Hales, Bright, and King was taken as to the shooting of Gilbert; the body was identified by Messrs. Hewitt and Barnes and con- stable Bright—the latter knew him for five years, and Hewitt knew him when a store- keeper at the Wombat. Barnes, who was stuck-up by Hall and Gilbert, and kept two days in camp, had a good knowledge of Gilbert, and was able immediately to identify him.

Dr. Campbell, from Yass, made a post mortem examina- tion of the body, and found that a single bullet had entered the left part of the back, gone through the centre of the heart, and passed out through the left side, fracturing one rib.

Dr. Campbell stated that death must have been immediate. Alter Gilbert was shot, con- stable King received a bullet in the ankle from Dunn’s revolver. The revolver-rifle taken from Mr. Davis has been recovered. Gilbert had possession of it, and he made several attempts to use it, but the rifle missed fire three times; three chambers were loaded, and one had been discharged. Tho following is the verdict: -”

That the said John Gilbert came to his death by a gunshot wound inflicted on Saturday, 13th May, 1865, near Binalong, in the said colony, by one of the constables in the police force of New South Wales, in the execution of their duty; and that they were justified in inflicting said wound which caused his death. The jury desire fur- ther to express their approval of the conduct of the constables, and in their opinion they are deserving of great credit for the gallant manner in which they effected the capture of Gilbert.”

20 May 1865

THE BUSHRANGERS. DEATH OF BEN HALL.

THE particulars given in your telegram of Monday last afford a brief but truthful narrative of the closing scene in the life of a desperado whose crimes have kept the far Western interior, during the post two years, in a state of constant alarm, and diffused a sense of insecurity both as regards life and property over thousands of square miles of British territory.

Associated with the most reckless and daring of the class of freebooters who from the early days of the colony have taken the name of bushrangers, Ben Hall has probably committed a larger number of depreda- tions and despoiled her Majesty’s liege subjects of a larger amount of property than any robber who ever trod Australian soil.

The first lessons in his infamous vocation were taken from his quondam ally and tutor Frank Gardiner, under whose leadership several of the more adventurous of his villanous exploits were committed. For instance, it is well known that he was one of tho gang who were engaged in the murderous attack upon the Gold Escort at Eugowra Creek, although he escaped the punishment due to his offence.

But this was by no means the starting point in his criminal career. Under his chieftain’s tutelage he had for some time previously been transacting business on the road between Forbes and Lambing Flat.

He had also escaped conviction at the instance of an Orange jury for dray robbery, very much to the astonishment of everybody who happened to be acquainted with the merits of the case. His latter day exploits are too well known to require recapitulation.

The part, however, which he look in the attack upon Mr. Campbell’s homestead at Goimbla is another instance added to the one afforded by the Escort robbery of the recklessness of his disposition and his dis- regard of human life.

That the dead bushranger was not so bloodthirsty as his two companions in guilt, Gilbert and Dunn, is perfectly true, and there are good grounds for believing that he has, on more than one occasion, prevented tho effusion of blood when but for his intervention blood would have been shed.

But the difference was simply a difference of degree. His trade was a trade of violence and plunder, and involved jeopardy to human life wherever it was exercised. To repeat all that has a thousand times been said in his favour would merely amount to this-that he was not so bad as he might have been, and the same might be asserted of the monster Lynch.

His forbearance, such as it was doubtless secured to him and his gang a lengthened im- punity. Had he shot down people whenever opportunity offered itself, the public, out of a sense of self-protection, would have risen as one man, and speedily put an end to his career.

Of the manner of Hall’s death it is not necessary to say much, as the particulars have already obtained wide publicity. For some days previous a growing conviction appeared to be gaining ground that something would shortly happen to capture, destroy, or disperse the gang of which he was the leader.

The district swarmed with police and parties of volunteers, and the only chance of safety to the freebooters lay in being constantly in motion. The supply of horses began to fail them, and the perpetual vigilance which such a state of things necessitated, together with the toil of long journeys, irregular living, and exposure was beginning to wear them out.

Having obtained a re- mount from Gumbidgewa, in the shape of Mr. Ernest Bowler’s racer Tomboy, Hall made his way to tho Billibong Creek, and having hobbled out his horses, betook himself to a thick scrub, where he hollowed out a bed amongst the dry leaves and betook himself to sleep.

This was about 10 o’clock p.m. and a sMr Sub-Inspector Davidson, who had tracked him to his camp was not satisfied as to his identity, owing to the darkness of the night, although sufficiently near him on one occasion to have seized him, be finally decided to defer any action until dawn of day. Once after the bush- ranger had gone to sleep, himself, sergeant Condell, and the black trackers crawle» on their bellies, and approached the spot where he lay.

The crackling of the leaves awoke him and he sprang up. Just at the moment an opossum leaped from a tree close by, and the incident appeared to allay any suspicion he might have had as to the cause of the noise. In a brief space of time he was again asleep, little dreaming of his impending fate, The force at Mr David- son’s command was so disposed as to render escape almost impossible. Hall’s two horses were headed into an open piece of ground bordering upon tho scrub so as to afford a good opportunity to the police to operate when he approached them. Without coats, hats, and boots, the men waited and watched through a cold, frosty night, half-frozen and miserable, until day dawned.

Awoke from his lair, Hall sallied forth, bridle in hand, in quest of his horses, and was about 150 yards a-head when Mr Davidson, sergeant Condell, and the black tracker started in pursuit. Being in their stock- ings, they approached him noiselessly, until they were within forty or fifty yards of him, when, looking round he for the first time became aware of their presence, and at once took to his heels. Encumbered, however, with heavy boots, his pursuers gained upon him, and Mr Davidson repeatedly called upon him to stand, but to no purpose.

The next moment a bullet was sent after him from Mr Davidson’s gun, which took effect in the back. Here his pace slackened, and he was observed convulsively clutching at his revolvers, but his arms appeared to have lost their office. Sergeant Condell next fired, and planted two balls between the shoulder -blades. A shout brought forward the four men who were placed in the bush in his front, and, a volley from their pieces rolled over the once terrible and much dreaded Ben Hall, dead upon the plain. Desirous of keeping the affair quiet, so that the report of his death might not scare away his mates, who, for the time being, were separated from him, the police did not remove the body until after nightfall, when it was fastened to a saddle, and reached the police barracks by about 3 o clock in the morning.

Early next day the secret leaked out, and in the forenoon a stream or townspeople was observed making across the lagoon towards Barrack Hill to look upon the remains of the dead bushranger. There they lay ghastly and bullet torn, a fearful monument of the vengeance which offended justice was called to wreak upon one of the direst scourges from which colonial society ever suffered. The brain was penetrated at two points through the forehead, the left arm lacerated with slugs or large shot, and the body perforated m sundry places by bullets and rifle balls. In short, the body was literally riddled, and its appearance presented a tremendous commentary upon the reckless, law less career of a criminal hero, and the fate to which the exigencies of the times had consigned him.

The magisterial inquiry held upon it elicited evidence sufficient to show that every precaution had been taken with regard to Hall’s identity, and that the observances of the law, even as it existed previous to the passing of the Felons’ Apprehension Bill, had been respected. Of the funeral which took place on the following day little needs to be said beyond the fact that it was rather numerously attended-that there was no lack of mourners, or of the manifestation of grief. Prayers were also read by a layman over the departed bushranger.

Hall’s antecedents are matters of notoriety on the Lachlan River, where his father first made his appear- ance about twenty five years ago, when the subject of this notice was about three years old, and entered the service of of Mr Rankin.

In process of time, as the boy pro- gressed towards man’s estate, he became a stockman, and was for several years in the service of Mr Hamilton, at the Tomanbil. He was next known as a squatter, and held a run near the Pinnacle station, about fifteen miles from Forbes. Afterwards he married, and was unfortunate in his marriage, and it is by many of his old acquaintances believed that this circumstance had much to do with the recklessness of his after life.

At all events, the predisposi- tion to an abandoned and criminal course in which appears to have manifested itself after losing his wife, became fully developed and ripened into downright criminality, after he had made the acquaintance of Gardiner.

From that period to the hour of his death he waged continuous war against society, and by his exploits became a very curse to the community in which he dwelt.

Naturally well-dis posed, and it is even said kind-hearted, in his early days, he became a favourite with the young stockmen generally, upon the river , and there can be little doubt that his long impunity and consequent success as a marauder are in some measure ascribable to these features in his character.

His consideration for females in the course of his numerous depredations also earned for him a spurious popularity. Owing to the causes now stated-causes which, under am other circumstances, would have operated in his favour -he was by far the most formidable member of his gang – the very key-stone of the arch of villiany, which his per- sonal characteristics had so long, and so unfortunately for the well being of the Western districts, held together. The sympathy and succour, however, which had been extended to him will hardly be shared by the doubly dyed mur- derers who were his comrades in crime.

Gilbert and Dunn, apart from then vices and villainies, have nothing, it is said, personal to recommend them-no redeeming spots in their characters. In all probability therefore, should thev escape the speedy vengeance of the law, they will endeavour to sneak away to some other portion of this or the neigh- bouring colonies. In any event, every honest man must rejoice that these districts are ridded of the presence of a ruffian whose better nature had been poisoned by untoward circumstances and a vicious education, and whose worst passions and predilections, owing to the same causes, had received a most terrible development. The grave has at length closed in upon him, and it would be well that the story of his misdeeds could at once for and ever be blotted out of human recollection.

29 May 1865

OFFENCES OF HALL AND GILBERT. Piton a statement prepared in the office of tho Inspector General of Poh’co wo havo obtained tho following list of highway robberies under arms and other ofToncos committed by the lato bushrangers Hall and Gilbert, in company with others-commencing with tho niemorablo

Escort robbory, in Juno, 1862, and brought down to within a few weeks of their being shot. HALL, GILBERT, AX» OTHERS. 1862. Juno 15.-Attacked tho Gold Escort, at Eugowra Creek, carried off a largo amount of gold, and wounded one of the police. 1863. August 24.-Robbed four storekeepers of a watch, money, and other property, on tho Hurricano Gully Road.

August 29.-Robbed Mr. Edmonds’ houso, at Demon- drille? Soptombcr 24.-Robbed Mr. HOBÍO’S stoio at Caloola. October 21.-Attacked Mr. Keightloy*B houso, near Hockley ;-on which occasion Burko was shot.

November 19th.-Attacked Mr. Campbell’s premises, at Goimbla ; ono of tho party Wring a shot which wounded Mr. “William Campbell. On this occasion O’Moally was shot. December’o.-Robbed the mail from Burrowa to Bina- long. December 9.-Robbed the mail from Binalong to Yass ; also, stole two horses belonging to Mr. Garry, of Mylora. December 1C-Stole a horse belonging to Mr. R. Salmon. v 1864.

October 29.-Robbed the mail from Albury to Yass ; robbed a store at Jugiong of a quantity of goods ; also, stolo two horses. October 27.-Robbed Mr. M’Cansh’s station, at Bagan Bagan, of jewellery ; robbed a Chinaman of monoy and a gold watch. “ November 8.-Stole from RossirUlo, aoar Goulburn, jowcllcry, three horses, and soiao saddlery. I – -November 9.-Robbed tho’Sydnoy _aU-six milos from Goulburn. ‘’’’’’’ ‘ ‘ ‘ November li.-Robbod’tho mail from Yass to Goul | burn. November Iii.-Robbed the mail from Gundagai to Yass, firing on tho polico and killing Sergeant Parry.

Nbvombor 19.-Stole» thrco horsos from tho Boloro station. December 10 -Stole some property from Mr. M’Laughlin, of Young. December 27.-Robbed nud burned Mr. Morriss’ stores, at Bindn. Dccembor 30.-Robbed Mc Davidson’s house, at Mur- rumburrah Plains. , 18G5. January 19.-Robbod « store at Wheeo. Januar)’ 27.-Robbed a public-houso near Collector; when conbtablo Nelson was mortally wounded by Dunn.

January 24.-Robbed John Ross, on the Yasa Road. I February G.-Robbed tho Braidwood mail, twolvo milos j from Goulburn, February l8.-Stolo threo horses at Molonglo. Fobruary 23.-Hud an encounter with the Goulburn ‘ polico at Mutbilly, when conBtnblo Wiles was wounded. Match 4.-Robbed the Goulburn and Gundaroo mail, ni Geary’s Gap. March 13.-Robbod tho Araluen Escort, when two constables weio wounded ; stolo two horses at Jinglemoney. HAM. AND OTIIHJIS. > , 18G3.

Fobruaiy 7.-Stole from tho Pinnacle Polico Stntisn a rifle, carbine, ammunition, pnir of saddle-bags, and a bridle February 28.-Robbed Mr. Gieen’s house, Lambing Flat Road, of a quantity of spirits. Juno 28.-Robbed tho coach passongors of some cash, at Cronkcr’Blnn, on tho Lambing Flat Road. 1864. April 1.-Robbed Mr. Chisholm’s houso of a gold watch and other property. April 11. – Robbed Messrs. Scarr, between Burrowa and Mnrcngo, of t»»’0 hoi ses, with saddles and bridles ; also robbed a public-house at Back Crook. May 5.-Robbod thrco drays at Marino Creek. *. May 23 -Robbed a Chinaman, at a station near Burrowa. May 25.-Robbed two men, near Cadgo’s Creek. May 28.-Robbed t»vo carriers, at Emu Flat, near B molong. May 29.-Stolo n hoi so from Mi. J. Ryan, of Corrigan. Juno 13.-Robbed Mr. D. C. Clement’s house, near Billi- bong, of firearms and other property.

Juno 22.-Robbed Mr. Pearco’s Store, at Canowindra, and burnt his account books. July 13.-Robbed Mr. J. Grant’s station, at Belubula River, and stolo a horse. August l8.-Stole three horses, thrco saddles, and bridle, tho property’ of Mr. “W. Gibson, of Whoego ; also fired upon four polico constables. Gll.lll-.HT VNU oritEits. 18G3. February 2.-Robbed n store nt Spring Creek, and stolo a snddlo and bridle. March 14.-Robbed a store nt Fishei’s Creek of n saddle, bridle, and slH-cr »vntcli. May 16.-Robbed Mr. Barnes’ »toroatCootamundry, and attempted to fire tho placo. Mny 19.-Stole nraceliorso nt Burrowa. June 1.-Robbed n storo at Spring Creek. Juno 7.-Robbed a storo at ‘Possum Flat. Juno Í6.-Stolo two rncchorsc3 at Curra»vang. Juno 29.-Robbed several people on tho Forbes Road, July 3.-Robbed a man of Irs watch and chain on tho Lambing Fiat Rond. . i

July 13.-Robbed a man of £7 in silver, noar Burro»va. July 30.-Robbed a storo at Caloola of monoy and goods of thovaluoof £300. August 19.-Stolo two horses from tho Burthong sta- tion, near Young. August 27.-Robbed two stores at Tirnee. September li).-Robbed tho mail fromCo»vra to Bathurst, also a paesenger of some money.