This website is designed, researched and written by Mark Matthews. It may alter with expanded information and research as it comes to hand. This section is a work in progress...
"Ben Hall! Stockman, Squatter, Bushranger, from these personas, his character has remained an enigma. From a man held in high regard by all who knew him to a man through his own actions became one of the most hunted in colonial history, and who would ultimately die a violent and bloody death at the hands of his pursuers."- Mark Matthews.
Yes, in the annals of Australian history, the name Ben Hall stands out as one of the most infamous and intriguing figures of the 19th century. Born in a penal colony, raised in the rugged Australian bush, Hall's life story is as captivating as it is tragic.
This Website, "Ben Hall: From Stockman to Bushranger," aims to delve into the life and times of this notorious bushranger. Drawing from historical records, newspaper accounts, and personal testimonies, we will journey through Hall's life, from his humble beginnings in New South Wales to his violent end at the hands of the NSW police.
Ben Hall was not born a criminal. He was a child of convicts, yes, but he was also a skilled stockman, a loving brother, and father. A respected member of his community. So, how did this young man, known for his good looks and charm, become one of the most feared bushrangers in Australian history? What forces drove him to a life of crime? And how did his actions impact the lives of those around him and the course of Australian history?
In the following webpages, we will explore these questions and more. We will delve into the societal and historical context of Hall's life, shedding light on the conditions that gave rise to bushranging in 19th-century Australia. We will also examine Hall's personal relationships, his criminal exploits, and the legacy he left behind.
"Ben Hall: From Stockman to Bushranger" is more than just a biography. It is a journey into a fascinating and tumultuous period in Australian history, seen through the eyes of one of its most notorious figures. So, let us embark on this journey together, into the life and times of Ben Hall, the bushranger who captured the imagination and fear of a nation. (All historical related articles incorporated into the narrative are coloured and transcribed as published.)
Yes, in the annals of Australian history, the name Ben Hall stands out as one of the most infamous and intriguing figures of the 19th century. Born in a penal colony, raised in the rugged Australian bush, Hall's life story is as captivating as it is tragic.
This Website, "Ben Hall: From Stockman to Bushranger," aims to delve into the life and times of this notorious bushranger. Drawing from historical records, newspaper accounts, and personal testimonies, we will journey through Hall's life, from his humble beginnings in New South Wales to his violent end at the hands of the NSW police.
Ben Hall was not born a criminal. He was a child of convicts, yes, but he was also a skilled stockman, a loving brother, and father. A respected member of his community. So, how did this young man, known for his good looks and charm, become one of the most feared bushrangers in Australian history? What forces drove him to a life of crime? And how did his actions impact the lives of those around him and the course of Australian history?
In the following webpages, we will explore these questions and more. We will delve into the societal and historical context of Hall's life, shedding light on the conditions that gave rise to bushranging in 19th-century Australia. We will also examine Hall's personal relationships, his criminal exploits, and the legacy he left behind.
"Ben Hall: From Stockman to Bushranger" is more than just a biography. It is a journey into a fascinating and tumultuous period in Australian history, seen through the eyes of one of its most notorious figures. So, let us embark on this journey together, into the life and times of Ben Hall, the bushranger who captured the imagination and fear of a nation. (All historical related articles incorporated into the narrative are coloured and transcribed as published.)
BEN HALL
("A good-looking young man")
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| Originally held by William Hall. |
Origins
Ben Hall was born in the British penal colony of New South Wales, specifically in Maitland of the Hunter Valley, in May 1837. His parents, both originally from the United Kingdom, were convicted for theft of goods worth more than a shilling. Their punishment was penal servitude and transportation to Port Jackson for seven years on a convict ship. Benjamin Hall Sr, born in Bristol, England, in 1805, was transported in 1827 aboard the 'Midas'. Eliza Somers, Ben's mother, was born in Dublin, Ireland, in 1808 and transported in 1830 aboard the 'Asia 1'.
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| Hall's Creek. Google Earth image. |
Upon reaching their destination, the Halls established a simple homestead near a creek that emptied into the Barnard River. This creek, where Ben Hall Sr. built their home, later came to be known as Ben Hall's Creek. The area around Hall's Creek was rugged and challenging, characterised by severe winters often covered in snow and extremely hot summers. In later years, this location was recalled as being situated in a "very mountainous country."¹
In the book 'Benjamin Hall and Family,' author A. A. McLellan describes the route the Hall family took when they moved from Maitland, suggesting they followed a path initially established by the Australian Agricultural Company. Their journey led them through Arden Hall and Belltrees, continuing to Ellerston. From there, they took the Walcha Track to Glenrock, eventually reaching the confluence of the Barnard River and Ben Hall's Creek.Upon their arrival, Ben's father expanded his stock by capturing wild cattle and horses found in the nearby valleys.
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| Remains of the Halls Creek home. c. 1932. Courtesy A.A. McLellan. |
The rugged and remote environment of Hall's Creek proved unsuitable for Eliza Hall. After two challenging years of isolation and harsh weather, the Hall family decided to relocate. In 1840, they moved to Haydonton, a new settlement founded by brothers Peter and Thomas Haydon. The Haydons, in need of farm labour for their agricultural projects, had secured a large 1000-acre land grant and subdivided it into building lots of varying sizes for sale, establishing what they called Haydonton. The most attractive plots were situated in a long valley nourished by the Pages River, ensuring a steady water supply. Ben Hall Sr was one of the first purchasers of these lots.
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| March 1841. |
Author's Note:- A longstanding misconception through the sands of time is that Ben Hall was born on a property called Breeza, but this is incorrect. While Breeza is a village located on the Liverpool Plains in NSW, it was actually Ben's older brother Edward who was born there in early 1836.
Ben Hall was reportedly born at Samuel Clift's 'Bridge House' on Toll Bridge Lane in East Maitland, or possibly at the home of Eliza's sister, Catherine Wynn, in Maitland. Samuel Clift, the owner of 'Bridge House', passed away there in 1862 at the age of 71.
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| Clift residence Maitland 'Bridge House' Courtesy Dr John Turner (1933 - 1998) |
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| Benjamin Hall land purchase Haydonton. Courtesy Haydon papers Vol-3 |
The first parcel to be sold was 2 acres situated on the south side of the main road at the ford and is the parcel of land now bounded by Mayne Adelaide and Liverpool Streets and the Page's River. The Purchaser was Benjamin Hall a ticket of leave holder, but an independent grazier from Breeza where he had been employed by Samuel Clift. He paid £140 a price which indicated that there was probably a hut on the land.
The property was conveniently located near the major routes of the Great Northern and Southern roads, now known as the New England Highway. Ben Hall Sr. purchased the land for £140, a sum above the average, partly because it included a basic structure. He quickly began to enhance this initial structure into a more substantial residence. Constructed from wooden slabs with a bark roof, the house featured three bedrooms. Over time, Ben added several outbuildings, including a butcher's shop and a blacksmith shop. This development allowed the family to establish a self-sufficient homestead and successfully operate a butchering business within a relatively short span of time.
Note: New research confirms that before his transportation to NSW, Ben's father was a butcher or Skinner by trade. See Hall's Page.
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Reputed home of the
Hall family,
Murrurundi.
c. 1900.
Courtesy A.A. McLellan. |
In the flourishing town of Haydonton, and bounded on the north by Main-street on the east by Adelaide-street on the south by Liverpool street to the River Page on the west by that river on which are erected a snug Cottage, three rooms, Butcher's Shop, Kitchen, Blacksmith's Shop; a splendid Well of Water, communing from 10 to 15 feet of water in dry seasons; a small Orchard, Garden, Three Stock Yards, Two Gallows; and the whole is enclosed by a four-railed fence. The properties situation is eligible, having an extensive frontage, and commands the main thoroughfare to all the Northern Diggings.²
A bark roofed slab building owned by Benjamin Hall on the opposite side of Mayne Street.
The family home of young Ben Hall, located in Haydonton/Murrurundi, was depicted in the book 'Rambles and Observations in New South Wales 1848', authored by traveller and adventurer Joseph Phipps Townsend.
Murrurundi affords a fair specimen of an inland town. We were greeted with the sight of something green, for the rain, probably attracted by the hills, often drives through the deep valleys as through so many open tunnels. We have two inns both well built; and one is kept by a widow of real, homely, English aspect, and as kind and attentive as neat and respectable. Her nicely plaited widow's cap and her fine countenance tell a long and touching tale. There is a slab-built Roman Catholic chapel, with broken windows and otherwise much out of repair; and, behind it, is an open graveyard, with some neat monuments and headstones. There are two or three brick cottages, and a tolerable sprinkling of bark huts; and, at a little distance in the bush, is the courthouse. Here divine service is performed once a month by a clergyman of the Church of England who travels twenty-five miles for the purpose, and the magistrate's clerk gives the responses. A Roman Catholic priest comes from Maitland four times a year to shrive his flock at the slab-built chapel. He also catches every stray drunkard, of whatever denomination, on whom he can lay his hands, and insists on his becoming a tee-totaller. There is a large store, where everything that can possibly be required in the bush is to be bought. In one of the bark huts, you would find a good-natured, intelligent, and comfortable looking medical man, who came out in charge of emigrants, and has not exactly made up his mind when he shall return, but will probably think about it someday or other. In the meantime, he turns his skill to account, and is gradually accumulating cattle and horses; and, for the love he bears them, may perhaps become a fixture. He reads 'Blackwood,' and is fond of talking of 'that fine old fellow, Christopher North, whom he follows through all his fishing excursions. In the climate of NSW, a bark hut is as substantial a dwelling as a man needs; such abodes are often very comfortable; but they do not, unless double roofed, afford sufficient protection from the sun. The river Page runs, or rather lingers, in the rear of the town. The people seem happy and contented; and as all of them have cattle running on the wasteland, they are at no loss either for meat, or a matter of constant interest. (For the full book, see Source page.)
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| Hall's mark. Marriage Certificate. |
There also was a medical practitioner residing in Haydonton in a house belonging to Benjamin Hall - Dr Hallett.
By 1845, scrutiny had intensified over some of the financial dealings and livestock acquisitions of Ben Hall's father, who had become notorious in the district as a cattle and horse thief. At this time, Haydonton was known as a refuge for various unsavoury characters, with alcohol frequently contributing to the town's prevalent misconduct and deceit. The local police were sometimes drawn into these disturbances. In an effort to address the widespread issue of alcoholism, Thomas Haydon founded a Temperance Society, although it achieved only modest success. Despite these challenges, Thomas Haydon observed a notable improvement in both the town's morals and its overall appearance, remarking, "The change in morals and appearance of the people is wonderful." This sentiment was echoed in 'The Australian' on Wednesday, 5th April 1843.
About three weeks since, Mr William Shields, our Chief Constable, met with a serious accident by breaking his leg, and otherwise bruising himself. He at the time was riding a spirited horse, after one that broke away, and came in contact with a stump. Report says, he had imbibed too large a quantity of the strong liquors usually in repute at the "White Hart Inn," and was showing off his abilities in leaping his spirited charger over logs, to the amusement of the bye-standers; (low life characters), who generally congregate at Hydonton, to see the sports of the day, and which is of almost every day occurrence, either horse-racing or cricketing, or some other game, and in which the constables take an active part, the scourger being engaged as a monitor or notcher to the said cricket club. Had the worthy Chief been on Government duty, the accident would have been taken in a different light, and he the more pitied.
Benjamin Hall Sr was widely regarded as a skilled cattle and horse
thief, leading to widespread suspicion. This suspicion culminated in the
issuance of a warrant for his arrest on charges of horse theft.
However, before he could be apprehended, James Gowan, the town's lock-up
keeper and a friend of Hall Sr, warned him about the upcoming arrest.
Gowan's involvement in tipping off Hall Sr resulted in his dismissal
from his position as the town's lock-up keeper.
Was dismissed from the lockup in consequence of it having been supposed that he had given or permitted an intimation to Benjamin Hall to keep out of the way.³
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| Ben Hall's father Wanted. Courtesy N.L.A. |
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| William Hall c. 1910. Penzig. |
While detained, William experienced a devastating abandonment by Eliza
after he broke the old convict rule of 'Keeping Mum' about his knowledge
of events. Thomas Blair, the Clerk to the Court, remarked:
The boy was kept by himself for three or four days, and was then put beside Taylor; after the boy gave information his mother utterly refused to send him anything, although she had sent him food previously; food and clothes were then given him by witness.⁵
On the 4th of October 1845, William was removed from Murrurundi to Parramatta Gaol:
William Hall, twelve or thirteen years of age, was taught his prayers in Parramatta Gaol by the Ladies of Charity and understood the consequences of false swearing.⁶
He returned in March 1846 for the trial. (See below.)
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William Hall, aged eleven, Parramatta Gaol Entrance Book, 4th October 1845.
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As the son of Benjamin Hall, of Murrurundi, lives close to the lock-up; knew Abbott's run, and went there with the prisoner and another man, but did not think proper to tell that man's name. The witness was here reprimanded by the Judge and informed that what he should say would not incriminate that person, and then said the name of the man was Benjamin Hall, his father.⁷
A naive William also professed that:
He had once been engaged in horse stealing himself where he did not "quite help" to kill the mares. William Butler (co-accused) and witness's father helped to kill the mares.⁸
Certainly, for this Hall child his father’s lessons in crime and deviousness had been thorough:
But that of Hall, a boy, although young in years, evidently old in crime, and well versed in dissimulation.⁹
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| Mary Hall c. 1905. Penzig. |
No one told her to say so here. She told her mother what she had heard from her brother. Her brother used to ride about after the cattle; her father had 60 or 70 head, and 8 or 10 head of horses.¹⁰
During the trial, it came to light that Mary was the only child from the
Hall family who was receiving formal education. She was being taught by
Mr. James Gowan, who had been referenced earlier in the proceedings.
Mr. Gowan made the following statement:
He had a daughter of Benjamin Hall's at his school, but was not aware of her coming to the Court to contradict her brother; his school was within eighty yards of the lockup and was patronised by the most respectable people in Murrurundi. Considerable laughter was excited by this witness's off-hand manner of giving his evidence.¹¹
William avoided incarceration and, upon being released, received a sharp rebuke noted as an admonition from the judge. The effect of their mother's treatment of their older brother on the other siblings remains ambiguous. Nonetheless, there was a plan for Thomas Wade, Mary, William, and Ben Hall to leave home with their father in the Lachlan region, which suggested a possible relocation for the entire family. This plan ultimately did not materialise as Eliza Hall decided to stay in Murrurundi, citing her pregnancy with the family's last child, Ellen, as the reason. A.A. McLellan discusses Eliza's hesitation to move in 'Benjamin Hall and Family,' page 25.
However, Eliza who was then pregnant objected to moving both on the ground of the long and tedious journey to get to the Lachlan area and that she and the children would be returning to primitive conditions she had endured.
As a result, the children who decided to follow their father left
without any hesitation. The departure of Ben Hall Sr. along with the
older children sparked a permanent rift between Edward Hall, who
remained behind, and his father. Edward was the older brother of young
Ben, who was favoured by their father and chosen to go with him. This
departure marked the last time young Ben would see his mother, Eliza,
who passed away in 1869.
Note: An admonition, where the accused is found guilty but is neither imprisoned nor fined. They receive a verbal warning, and the conviction would be made part of the record. The link below is the 1846 newspaper account of the court proceedings of William's trial at Maitland Court.
MAITLAND CIRCUIT COURT
The Maitland Mercury and Hunter River General Advertiser
Wednesday 18th March 1846
Farewell Murrurundi - A stockman's life.
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| Benjamin Hall arrested 30th October 1848 at Hamilton's station. Courtesy NLA. |
Hamilton had previously encountered Ben Hall's father between 1846 and 1848 when Hall Sr. was using the alias Jack Binding while evading the law. Despite Hall Sr.'s past legal troubles and his arrest in October 1848 by Constable Hoy of the old New South Wales mounted police, Hamilton appeared unconcerned. He employed the three boys, who, despite their youth, demonstrated exceptional skills as stock riders.
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| Hugh Hamilton's leases. Squatting Licences, 1848. |
Note: Interestingly, in August 1865, Agnes gave birth to a son named Benjamin. Tommanbill was reputedly named after two stockmen, Tom and Bill.
However, Jones' tenure as Ben Hall's supervisor came to an abrupt end during a mustering operation near Speck's Gap. He fell off his horse, resulting in a broken thigh. He lay in agony until he was discovered by stockmen, including Ben Hall and Cornelius O'Donnell.
Jones was out mustering in the vicinity of Speck's Gap when his horse fell, breaking the rider's thigh. He lay there alone for a considerable time before being discovered. The limb was then roughly set, and Jones was brought to Bathurst. It was some time before he had the use of his leg, and his pronounced limp or hop suggested the nickname 'Hoppy'. One of his assistants was a young man named Benjamin Hall.
The accident produced the nickname 'Hoppy' Jones. Subsequently, Jones went to Bathurst, where he recuperated and became the publican of the 'Lachlan Inn', corner of Seymour and Lambert Street, Bathurst known today as Centennial Park:
Benjamin Hall and his wife patronised his old Boyd friend for about twelve months when Ben's happy days were obsequered.
Note: Jones would maintain a friendship with his young former stockman until Ben's death.Although hall robbed his store at Forbes in March 1865 prior to his death 35 days later.
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| (1813-1888) |
The first man to bring pedigreed Short-horn cattle to the district. The man in charge of the cattle was Ben Hall, after bringing out Mr Hamilton's cattle, Hall was for years on the station as a stockman.¹²
Hamilton's stations were situated within a 25-mile radius of Forbes. After settling into the area, Hall’s older sister Mary married William Wright, a local stockman and significantly older ex-convict. With his sons well-established in gainful employment, Ben’s father chose to return to Eliza and their other children—Edward, Catherine, Robert, Henry, and Ellen—back in Murrurundi by the close of 1851.
Author's Note: Over time, there has been speculation that the Hall family relocated in 1850 and moved to the Lachlan. The birth of Ben Hall's youngest sister, Ellen, was registered during their journey south at the Whittingham Post Office, located at the junction of the old New England Highway and Bulga Trail (Putty Road). However, it was Ellen's father who was responsible for registering her birth, as per the law. It seems he did so at the first opportunity when passing through Whittingham with the four children, which may have led to the misconception that Ellen was born there or that the Halls ever settled in the Lachlan district as a family. The birth record reads: "Ellen E Hall: Birth Date: 1850 Birth Place: New South Wales Registration Year: 1850 Registration Place: Whittingham, New South Wales, Australia Father: Benjamin Hall Mother: Elizabeth- Volume Number: V18501899 71". My ongoing research suggests that it would have taken a significant force, akin to dynamite, to move Eliza Hall from her comfortable home at Murrurundi, as hinted at in the 1854 advertisement and dispute over their home, which will be discussed further on Hall's page.
Embarking on a life as a stockman at the tender age of thirteen, Ben Hall was tasked with a variety of often strenuous duties. From an early age, he demonstrated a natural aptitude for cattle work, showing a unique ability to understand the animals' behaviours and habits. This skill, coupled with his lifelong passion for high-quality thoroughbred racehorses, showcased Ben's keen eye and innate understanding of animals.
Ben's love for thoroughbred racehorses was sparked during his childhood in Murrurundi. His father owned several quality horses that regularly competed at the rough-and-tumble Murrurundi racetrack. Prominent landowners of the time, such as Charles Dangar, the Single brothers, Dr. Welsh's horse Death, Mr. Butt's Snake, W Wightman's Canonball, Henry O'Neil's Wallaby, and Benjamin Hall's Jacky Jacky and Roderick, dominated the district's racing purses. This information is documented in the Haydon Family Papers - Volume 3, page 40.
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| 15th April 1843, Pages River Racing. Courtesy NLA. |
Ben's love for thoroughbred racehorses was sparked during his childhood in Murrurundi. His father owned several quality horses that regularly competed at the rough-and-tumble Murrurundi racetrack. Prominent landowners of the time, such as Charles Dangar, the Single brothers, Dr. Welsh's horse Death, Mr. Butt's Snake, W Wightman's Canonball, Henry O'Neil's Wallaby, and Benjamin Hall's Jacky Jacky and Roderick, dominated the district's racing purses. This information is documented in the Haydon Family Papers - Volume 3, page 40.
The Murrurundi Race Club course was established opposite the site of the School and continued parallel with Mayne Street to the vicinity of Royal Hotel when it turned north over Little Street and round and back to the start. On this course meetings were frequently held at which Dr Welsh's Death and Mr Butt's Snake, W Wightman‘s Canonball, Benjamin Hall’s Jacky Jacky, Henry O'Neil Wallaby and Charles Dangar and John and Frank Singles's horses were the best. Races were usually run in the heat and attracted large fields.
Ben was known for his quiet and reserved demeanour, preferring to let his skills speak for themselves. This attitude served him well in managing Hamilton's livestock with patience and confidence, particularly during the busy mustering periods. Hall had a keen eye for assessing the condition and health of livestock, making accurate observations that were crucial to their care. One of his notable skills was his ability to determine an animal's age and condition by examining its teeth, a time-honoured technique in livestock management.
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| Earnest and sister Adelaide Bowler. Private Source. |
Bowler also spoke highly of Hall's work during the mustering period, a busy time for all the workers. His comments shed further light on Hall's integrity, his remarkable ability to understand cattle, and his exceptional skills as a horseman, as documented in 'The Moleskin Gentry' by Frederick Howard.
Ben Hall had a cattle station at Wheogo, and he used to attend all the musters round. He was one of the smart, devil-may-care bushmen, knew the whole country well, always had a good horse and knew how to ride. He was a good mate at mustering cattle or running wild horses. He could "mother" calves; that means, after a day's mustering, he could tell you, which calf belonged to which cow - even if there were a hundred different brands.
Such qualities earned Hall admiration and respect throughout the Central West. Ernest's wife, Elizabeth Bowler nee Farrand, arrived in Forbes in 1857 with her father, William Farrand, who was a magistrate and the founding editor of the local newspaper, the 'Lachlan Observer'. Elizabeth married Ernest in February 1872. Despite being held captive by Hall at Yamma Station as a young girl of 15 in 1865, during which Hall had threatened her father with a flogging, Elizabeth fondly remembered Hall's early life. In later years, she would recount these events with a certain relish, always referring to Hall as 'the good-looking young man'.
When cattle were mustered in those days (there were no sheep), they were held in some chosen spot overnight. Next morning squatters who had an interest in the herd came with their riders and the job of cutting-out began. Among the stockmen of those days was one who gained a modicum of fame as being the best of them all. Mrs. Bowler describes him as being a well-built, good looking young man with a pleasant disposition which gained him the friendship of all with whom he came in contact, A splendid rider and a good stockman, his services were frequently in demand.
Adding to Ernest's recollections of Ben as a: "young man with a pleasant disposition." The 'Freeman's Journal', recounted in 'The Last of the Bushrangers', 25th September 1930, through some old-timers reminiscences that:
Adding to Ernest's recollections of Ben as a: "young man with a pleasant disposition." The 'Freeman's Journal', recounted in 'The Last of the Bushrangers', 25th September 1930, through some old-timers reminiscences that:
Hall was a popular man in the district, and the circle of his acquaintances was large from Bathurst to Euabalong, and from the Belabula to the Weddin Mountains, where old Walsh, his father-in-law, lived in easy affluence.
There was another view where Ben Hall appeared characterised by a 'certain detachment and shyness,' such as commented on by Mr Thomas Bates who in old age recalled in the 'Bathurst Times' of the 13th December 1924, that Ben, "could spin a good yarn and sing a song in the rough, boisterous fashion of the day."
There was another view where Ben Hall appeared characterised by a 'certain detachment and shyness,' such as commented on by Mr Thomas Bates who in old age recalled in the 'Bathurst Times' of the 13th December 1924, that Ben, "could spin a good yarn and sing a song in the rough, boisterous fashion of the day."
It was also remarked that Hall;
Had an amiable sincerity of soul, a generosity of spirit, and an honesty in all his dealings with his fellow-settlers that won their friendliest esteem. He was steady, industrious, temperate, keenly intelligent, and, above all, always ready to give a helping hand to a neighbour.¹³
However, Ben Hall seemed to naturally excel in his role as a stockman, quickly becoming a favourite on the station. His potential was recognised by his peers and employers, including Hamilton, who saw a promising future in the young man.
Jack Bradshaw, an aspiring bushranger, wrote about Hall's work at Hamilton's in a book titled 'Frank Gardiner, Ben Hall & Gang' in the 1920s. The book primarily draws its narrative from the recollections of Ben's older brother, William.
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| Station Cattle Branding, by S.T. Gill. 1862. |
Jack Bradshaw, an aspiring bushranger, wrote about Hall's work at Hamilton's in a book titled 'Frank Gardiner, Ben Hall & Gang' in the 1920s. The book primarily draws its narrative from the recollections of Ben's older brother, William.
Mr Hamilton grew very fond of young Ben, finding out he possessed great ability as a stockman. Mr Hamilton gave Ben permission to graze horses and cattle on his station, which young Ben did, and purchased out of his salary in about three years a small station. He became full manager for Mr Hamilton. The seasons were good and the grass plentiful, so that young Ben became fairly rich.
During these great stock musters, the affable and easy-going Ben Hall shone brightly. His exceptional horsemanship, particularly during the capture of wild horses, or Warrigals, was noted for its skill and daring, often leaving onlookers in awe. Ben Hall's active participation in these chases was later highlighted by a local observer, underscoring his prominence in these events:
The mosquitoes and flies were the most effective agents in driving the warrigal's out of the scrub onto the open plain, where they gathered in mobs for self-protection, standing whisking each other with their tails. This gave the stockmen and others a chance for some sport. The stockman was usually an active, game fellow, and a first-class horseman, with the "bump of locality" exceptionally well developed. He could steer a course through the bush like a blackfellow, confused neither by frequent twist nor turning. Running wild horses was a fascinating but hazardous and exciting part of his work, undertaken for the purpose of recovering a broken-in horse or mare that had joined the mob; to run the warrigals off the station, where they had become a pest, or for the mere love of the sport. And sport it was when the mob could be found in the open as stated above. Driving a bunch of quiet horses to act as "trailers" (frequently with a stallion amongst them, for such was a grand auxiliary equal to half-a-dozen stockmen in rounding up and keeping together the warrigal's), the stockman often succeeded in yarding a mob. But it meant several miles of hard riding through scrub and over broken country.
As such, for Ben Hall and his stockman mates, the hunt for Warrigals was motivation as the money they could earn was over and above their wages, as Ray Saint Smith recalled:
The wild horses, when yarded, and brought under control, realised highly satisfactory prices, as much as £15 to £20 per head being paid for them.
Following the accident, the gravely injured young stockman was taken by
wagon to the nearby 'Bundaburra' cattle station. After a difficult
journey, Mrs. Mary Strickland tended to his severe fracture with
assistance from her brother, Tom Higgins. Higgins, owned the Dog and Duck Hotel and become a steadfast ally and friend of Ben
Hall, played a crucial role in the care of the stockman. In his
memoirs, Maguire noted that Tom Higgins was one:
Who had a reputation as a bush surgeon, set the fracture, making a good job of it. In nine or ten weeks Ben was able to get about on crutches, and after that was as lively as ever.
The Romance
During his recuperation, Ben Hall developed a close bond and is said to have had a teenage romance with Mary Strickland, the niece of the bush doctor also named Mary Strickland. Mary helped nurse a young Ben back to health during his initial recovery. It is believed that she was devastated when Ben Hall started to court Bridget Walsh.
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| Mary Coneley nee Strickland c. 1862. |
Note: Peter Bradley in his fine investigative book The Judas Covenant reveals the correct spelling of Coneley. There are many alternatives i.e. Connelly, Conley Conerly. I have used the Bradley version. Petersham Sydney has as well been marked as where Coneley's death took place in 1910. Ancestry records.
Nevertheless, long after Ben Hall's demise, this was noted regarding the tendering of Hall's grave's over many years. 'The Wingham Chronicle and Manning River Observer,' Saturday 5th August 1911:
In the Forbes cemetery, today rest the mortal remains of Ben Hall, and the mound which covers his dust is still tenderly cared for by a female hand—one who, though long years have drifted by since Hall's unfortunate body was riddled with policemen's bullets, still cherishes a kindly regard for a man who, but for a certain set of circumstances, might have earned renown in a different walk of life.
The woman who devotedly cared for his grave for many years was likely
Mary Strickland, a close childhood friend who stayed in the Lachlan district
until 1910 before passing away in 1913 at her children’s home in
Redfern, Sydney. On the day of Hall’s death, near her home at Billabong
Creek, a heartbroken Mary is said to have cut a lock of Ben’s hair as a
memento while his body lay bloodied. Additionally, like many women
living on remote properties, Mary was a skilled horsewoman. In her
younger years, she frequently took part in the race meetings at Forbes,
where substantial bets were often placed on the races she competed in.
Mrs Newell, whose husband, John Newell, kept the Western Hotel, which stood on the site now occupied by the Metropolitan Hotel. Dora was ridden by Miss Strickland, daughter of Mr Pearce Strickland. There was always great rivalry between those two well-known horse-women, and the match caused much excitement and considerable wagering. After a desperate race, Virginia won.
Note: John Newell is not related to James Newell, who married Agnes Charters.
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| Mary Strickland nee Higgins. c. 1890's |
The death of Mrs M. A. Strickland, which occurred at Bundaburra Station, Forbes, during the week, has removed one of the real Lachlan pioneers, the deceased lady was 93 years of age, on one occasion Ben Hall was severely kicked by a horse he was breaking in, and Mrs Strickland set the broken leg and nursed Ben back to health. He never forgot Mrs Strickland's kindness, and it is on record that he refused to allow his gang to raid Bundaburra. On several occasions, when hard pressed, his lawless band took valuable horses from the station, but they were always returned within a month or so.
Daniel Charters
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| Daniel Charters. This photo was most probably taken at Mrs Reed’s photographic gallery Forbes in 1862, on the same day as the Ben Hall portrait. Penzig. |
Daniel Charters, a tall man with a stout build, fresh complexion, light brown hair, and blue eyes, was literate—an asset that proved beneficial for his friend Ben Hall, who was illiterate. Both men were known for being affable, expert riders, and skilled bushmen. Charters noted in 1863, "I have known Ben Hall for six or seven years. I used to visit him when I was gathering cattle for myself and my sister."
Charters also had a reputation as a ladies' man, contrasting with Ben Hall, who was shy and less confident around women. In 1863, during the trial of John Maguire over the Eugowra gold escort robbery, it was rumoured even advocated that Charters was involved with the attractive Elen Maguire, John's wife sister of Ben Hall's wife Bridget.
That same year, during Maguire's trial, Charters faced a paternity suit filed by Miss Charlotte Brandon, resulting in him being declared the father of her son, who tragically passed away within a year.
While Charters managed cattle on several properties near Forbes, he would also graze his livestock on Hall’s newly acquired Sandy Creek station 1860, which bordered Pinnacle Station. Without fences, cattle from both properties would often intermingle and were sorted during muster times.
Charters owned around 500 head of cattle, valued at over £5000, a significant sum at the time. In 1863, he openly discussed his financial status as a substantial stock owner.
My business is that of a stockowner, looking after my own and my sister's cattle. I have never been employed as stock-keeper by any one, and have never in my life received wages from any person. My sister's station at the Pinnacle is a large one. She has a good many people employed there, and has about 2000 head of cattle. I have about 500 or 600 head of my own.
Marriage; "a pert and lively woman"
Around 1855, after dedicating four years to working for Hugh Hamilton, Ben Hall packed up and relocated. He took up a new role as a stockman at 'Weeogo Station' (also known as Uoka), spanning 16,000 acres and owned by John Walsh, an emancipated convict.
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St Michael's Catholic
Church, Bathurst.
c. 1850's. |
The move to Weeogo Station not only granted Ben a new degree of independence and professional growth but also deepened his relationship with Bridget. This blossoming romance ultimately led them to marriage, marking a significant milestone in his life.
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The very same Alter at
St Michael's Catholic Church, Bathurst where Ben and Biddy
exchanged their vows
in 1856.
My Photo. |
Decades later, in February 1917, the 'Grenfell Record and Lachlan District Advertiser' published an account from a pioneer who fondly recalled the joyful day when Ben and Bridget journeyed to be married:
I saw Ben Hall and his Bridget Walsh when they were going to Burrowa, or Yass, to get married. I think it was about the year 1857, or it might have been 1856. They stayed at our house on their return trip. They were both, young — Ben about 20 years of age, and I think she was under 20. I fancy I see her slender, little white fingers peeling, with a sharp knife, apples for us youngsters.
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| John Walsh's Uoka (Weeoga) Station, registered under The Squatters Act-1846-47. Note; John Tait's station Oma. |
In the later fifties 'Hoppy's assistant from Wheogo brought a fair damsel, to invoke the aid of a man in holy orders in joining the bond that no man should put asunder, and the Lachlan Inn sheltered the newly wedded couple during their visit to Bathurst. Their friends wished them heal and happiness on their departure for Sandy Creek, a small station which he had stocked with cattle and horses, and where he settled down as a squatter.
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| The Charters' former home, now Fern Hill. c. 1970's. Reputed birthplace of Henry Hall. Courtesy, Carcoar Historical Society. |
Three years into their marriage, Ben and Bridget Hall welcomed their only child, a son named Henry, on 7th August 1859. He was born at the home of Ben Hall’s friend, Daniel Charters' mother, in Carcoar. There was later speculation that the couple had another child who either passed away as an infant or was stillborn. John Maguire noted in his account, "There had been two children, but the first had died." This tragedy may have been the first inklings of trouble in the marriage.
However, even as a newly minted father, Ben Hall was known to mingle with some of the more dubious figures in a district notorious for its shady residents.
During his associations with Daniel Charters, these questionable ties eventually brought legal attention to both men. In late 1859, they were summoned to appear at the local Burrowa Court over an unsettled loan related to a horse they had borrowed. The complaint was filed by John Healy, a local troublemaker and acquaintance of both Charters and Hall.
Although the summons called for Hall to testify in defence of Charters, he ultimately was not required to give evidence. This decision was likely a strategic move to distance Hall from any wrongdoing. To further deflect any blame from Hall, Charters explicitly stated in court that Ben had no involvement in the matter, despite having been present when the horse was acquired.
I was brought up with Ben Hall at the court at Burrowa; I was not brought up there on any charge; I was summoned there about a horse; I had a horse from a man on trial, and he summoned me for payment for the use of it; I swear it was no charge of criminality at all; it is about two years and a half years ago; Ben Hall was present when I borrowed the horse; he was implicated in the matter in no other way, I was summoned by John Healy; the charge was made against me; I was not in custody; I went in and spoke a few words; the verdict was against me, and I paid £2.
Note: John Healy would be sent down to Cockatoo Island for larceny, robbery of a dray with firearms at the O'Meally's Inn at the Weddin Mountains, and sentenced to 15 yrs the first year in Irons in early 1863.
Hall's connection demonstrates that he indeed was mixing with the unsavoury element in the district, however he was not alone.
Bridget Hall
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In 1859, the advertisement above demonstrates that Ben Hall was a person of good standing in the community supporting Law and Order. Note the commitment of some of the Lachlan's most esteemed citizens marked by a #.
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Ben Hall's Marriage Certificate 1856 (above)
Note: Ben Hall signed his name with an "X" (his mark), demonstrating he was illiterate
Bridget also signed her name with an "X"(her mark)
Bridget's sister, Elen, signed her name as a witness, as did John Maguire.
It is interesting how one sister was literate and not the other.
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Henry Hall's (Ben Hall's Son) Birth Certificate 1859 (above)
Note: Again, Hall signed his name with an "X" as his mark further demonstrated his illiteracy. The certificate also names Dr Rowland (1) in attendance during Henry's birth, assisted by Mrs Charters (2).
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| The two photos are of, on the left, Bridget Hall, reputedly at the time of her marriage to Ben Hall. As per Penzig. Although compared to the 1919 picture the drawing seems off the mark. The picture on the right is Bridget's granddaughter Bridget May Costello, daughter of Catherine Costello nee Taylor, Bridget's daughter. Note the similarities in eyes and cheekbone structure and lips. However, the Bridget Hall image is from a drawing of a possible original. There is no doubt that, as observed, Bridget Hall was an attractive woman, as was her granddaughter. The similarities between the two women are striking. I believe the two photos eliminate Bridget from the small locket shown on the Gallery page and indicate that the locket is more than Susan Prior. (See gallery page for an explanation.) Bridget May Costello was born in 1891 and passed away in February 1973. She was never married. Bridget passed away in 1923. Courtesy of a private source. |
Sandy Creek Station; "Estimated to be among the very best runs in the Lachlan district."
As a married man, Ben Hall looked to carve out a future within the dynamic and burgeoning society of Australia. He saw the interior pastoral stations as opportunities for enterprising individuals to make their mark, unencumbered by the social constraints that often plagued those of humble means or had long hindered those of limited means or challenged the so-called predetermined order of things.
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| Ben Hall |
Their journey was one of great triumph over adversity. Transported across the seas under harrowing conditions, they served sentences ranging from seven to fourteen years, or even faced life sentences, enduring severe hardships and punishments during their voyages.
In colonial New South Wales and its surrounds, vast tracts of land filled with cattle and sheep provided the backdrop for the rise of a new class of Australian gentry. These men, forged through tough experiences, were typically less pretentious and more relaxed in their demeanour. Over time, the memory of their convict origins faded. These so-called "old lags" often accumulated wealth that surpassed that of some traditional landed gentry in England.
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| John Maguire Sandy Creek Station. Gazette, 15th February 1861. |
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NSW Government Gazette
27th March 1860.
Courtesy NLA
|
There was also a comment regarding Ben Hall's personal standing as a recently established Grazier:
Hall became the owner of Sandy Creek Station, adjoining Wheogo. He had it on lease, running cattle and horses, and managed it in a business-like way, thereby adding further to his reputation as a young man of fine promise.¹⁵
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| Sandy Creek c. 1883. Courtesy David Geelings. |
This week the supply of good, quality was small and prices advanced about 20s per head no improvement for second and inferior qualities which were abundantly supplied. Prime heavy weights, bullocks brought from £9 to £11.- ditto, ordinary weights from £7 to £8 10s second quality ditto from £4 15s to £5 10s; inferior from £2; Prime cows (ordinary weights) from £5 to £6; second quality ditto from £3 to £4 inferior from 35s upwards. FAT CARVES. — Supply small and the demand good best quality from 40s to 50s.
Ben Hall's fortunes received a significant boost when gold was
discovered in the town of Young, leading to a rapid increase in his
wealth as beef prices surged due to the gold rush. Before his venture at
Sandy Creek Station, Ben Hall lived at Wheogo homestead with his wife
Bridget and their young son Henry. This property, which was adjacent to
Hall's land, came under the ownership of Bridget's stepmother, Sarah,
after the passing of Bridget’s father in 1858.
Note: Sarah Walsh nee Harpur nee Chidley was the mother of well-known Poet Charles Harpur and Josiah J Harpur, NSW Parliamentarian and member for Patrick Plains, 1861-1864 and future provocateur to Sir Frederick Pottinger.
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| John Maguire. c. 1880's. |
Ben had always done a bit of duffing. But, for the matter of that, we all duffed, with very few exceptions, it was not considered a great crime - simply a matter of business. The man who could muster and secure unbranded calves was considered a fool if he did not stick his own brand on.
Cattle duffing, in those early days, it may be remarked, was not considered a criminal offence. If one settler took a beast of a neighbour's, the latter simply bided his time until he found an animal belonging to his predatory fellow settler worthy of appropriation. Under such retaliatory system recourse to law proceedings was avoided, because the sinner and sinned against then came on an equal footing. In the days referred to the holdings of Crown leases were unfenced, nothing but ill-defined lines denoting their boundaries. As a result, there was frequently a general mingling of herds, separations only being effected during the periodical musters.¹⁶
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| Maguire and Hall's Sandy Creek Station still recorded as owners in Bailliere's New South Wales Gazetteer, 1866. Note acreage. |
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| William and Ann Hall. c. 1910. Penzig. |
To lay the foundations of their new life at Sandy Creek Station, Ben Hall, alongside his older brothers Thomas Wade and William Hall and his close friend Daniel Charters, began building a home for Ben, his wife Bridget, and their infant son Henry. During this time, William and his wife Ann also shared the residence with Ben and Bridget. Meanwhile, John Maguire constructed his own dwelling roughly five hundred yards from where Ben lived.
While it is not documented if the cohabitation led to immediate tensions between William, Ann, and Bridget, conflicts between William and Bridget did surface later. After Ben’s death, Ann openly blamed Bridget for the tragic events that unfolded, suggesting early strains in their relationship. Bridget, desiring to be the sole mistress of the house, found William’s presence burdensome. This situation might have contributed to her taking leave from Sandy Creek, secretly meeting up with her new romantic interest, a man named James Taylor, journeying to nearby stations and staying for some days with her married sister Catherine Brown, then in a passionate love affair with the notorious bushranger Frank Gardiner.
During Bridget’s time away, Ann Hall took on the role of caregiver for her children, Mary and John, born in 1858 and 1860, respectively, and young Henry. Years later, Henry would live with William and Ann in Parkes, New South Wales, indicating a lasting connection between him and his aunt and uncle,
Note: It should also be noted that John Maguire also used the spelling of McGuire with an A, i.e., MaGuire, Maguire as demonstrated on Ben Hall's marriage certificate. However, for the purposes of this bio, I have used Maguire.
Family Squabbles
While Ben Hall was working to develop Sandy Creek Station, colonial newspapers often reported on familial discord. His father and brothers were repeatedly implicated in various thefts from the late 1850s into the next decade, leading to frequent court appearances and stints in multiple jails.
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| Edward Hall, 1879 prison admission portrait. Courtesy NSW archives. |
Benjamin Hall was charged by Honora Hall with using abusive language towards her. Case dismissed. -Edward Hall was charged with assaulting his father, Benjamin Hall, on the 11th instant. The evidence of the complainant and several witnesses went to shew, that on the day above named Hall senior went to take possession of a bullock, which was also claimed by the defendant. The father and son met in the bed of the river, near the house of the latter, when an altercation arose, which was ended by the son laying his stock-whip pretty smartly across the shoulders of his father. Defendant was ordered to pay a fine of £4 15s., or in default to be imprisoned for two months.
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| John Wilson freehold portion of Sandy Creek. Granted 1868. Courtesy Peter Bradley. |
Author's Note: The exact locations of the homesteads belonging to Ben Hall and John Maguire on Sandy Creek Station have long been debated. In 2013, an exploration of the currently recognised site yielded various artifacts, including fired nails, charcoal, and fragments of bricks from what appeared to be an internal fireplace, as documented in a video I have placed on the site. Nonetheless, new evidence has surfaced casting doubt on the authenticity of this location.
A historical document reveals that in 1868, John Wilson, who purchased Sandy Creek, was awarded 40 acres of freehold land at the southern boundary of the property. A title map of this land depicts a hut at a location currently marked as the site of Ben Hall's home, which was destroyed by fire in March 1863. It has long been believed that the residences of Hall and Maguire were situated roughly five hundred yards from each other, although their precise positions relative to the cardinal directions remain unclear.
Further complicating the historical record, in 1909, a man named Mr. Pearse is reported to have dismantled and cleared all structures from the era of Hall and Maguire on the Sandy Creek run. This was highlighted in a publication from 'The Grenfell Record and Lachlan District Advertiser' dated Saturday, 30th January 1909.
Sandy Creek Station is a historical spot, having been the erstwhile property and occasional home of Ben Hall. The present owner, Mr J. S. Pearce, has pulled down all the old buildings and yards so curious and credulous tourists, if any ever penetrate into this part of the bush, can no longer gaze at imaginary bullet holes and speculate how closely the valiant police shot to the bold bushranger's anatomy. In overhauling one of the defunct Mr Hall's humpies, before putting a firestick in it, an ancient pistol and one shilling were raked out of the accumulated debris within. These now form the nucleus of a local buccaneer's museum. The magnificent willow-fringed dam below the hill had water in but was lower than it generally is at this time of the year. Mr Pearse has built a new and roomy house, also stables and shed on the hill near the Pullabooka and Ironbarks road. He has only had the property two years, but in that time has done a lot to improve its condition and is yet busy ringing the country. Out of 2000 acres, there are only some 150 which cannot be ploughed. From a rise beyond the dam by the old diggings hills towards Wyalong are visible in a most varied and extensive landscape.
However, regardless of whose hut was who's the whole of Sandy Creek and adjoining stations Uoka (Wheogo) and Pinnacle and parts further afield are most important to the Ben Hall story.
Although there are no documented reactions from Ben Hall regarding the various legal troubles his father and brothers faced, his life as a young cattleman and horse lover changed significantly with the discovery of gold near his station. This precious metal, which drew people from around the globe, prompted many to leave their homes and rush to the burgeoning goldfields of New South Wales.
Gold - The Bushranger
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| George Ranken. 1821-1909. |
The initial significant gold find at Burrangong (Lambing Flat/Young) sparked widespread excitement, drawing a flood of prospectors into the Lachlan district. This rush of gold seekers transformed the once sleepy backwater town of Forbes, formerly known as 'Black Ridge,' into a bustling, prosperous gold mining community. The dramatic growth and transformation of Forbes, following the gold discovery, were noted in multiple contemporary reports.
The Black Ridge its dense scrub and sombre foliage justified the title which had been bestowed upon it, and it was regarded by its then owners as so much wasteland in the middle of a splendid run. Then the magic cry of "Gold!" went forth, and thousands flocked to the new El Dorado. No longer a desert, no longer a wilderness, the blows of the axe resounded through the forest, and a busy hive of humanity had its place, where but few weeks before was solitude of the bush. Then it was that the faint outlines of our fair town of Forbes were traced, and the solid foundations laid, on which has been reared the structure of later times.
Note: The Ben Hall, Susan Prior and Charters photographs may well have been taken at Mrs Reed's studio 1862. Photographs were both a novelty and expensive.
Another article describes the life and times in the frontier town of Forbes as it appeared during Ben Hall's time:
Another article describes the life and times in the frontier town of Forbes as it appeared during Ben Hall's time:
This important town is situated on the north bank of the Lachlan River, at a point almost midway in between Cowra and Condobolin. It is 82 miles from Orange, and 245 miles from Sydney, Tens of thousands of miners went out to their work at sunrise, and returned at 6 in the evening. Then, many thousands of fires were lighted, and the diggers prepared their evening meal. Comparative quiet reigned while they were partaking of it; but, that over, all is bustle again, for, with few exceptions, the diggers betook themselves to the theaters, concert halls, dancing Saloons, or public-houses, and many did not return to their tents until dawn. Scores of shoeblacks took up positions in the streets, and did a wonderful trade; hurdy-gurdy girls and other itinerant musicians played and sang, and reaped a rich harvest; mounted troopers and policemen (under Sir F. Pottinger) moved to and from among the masses; coaches were running at all hours, and in all directions, as well as actors and singers, sawyers, doctors, clergy, tradespeople, menagerie-men, and men of almost every nation, rank, and condition were on the field in incongruous medley.¹⁸
Forbes was also noted as the influx of people descended on to the gold-diggings highlighted those who were leaving Sydney paid £5 one way:
Ford and Co, are the most complete and stylish things imaginable; well horsed well driven, and every way comfortable. The fare, I understand, all the way from Sydney either by Burrangong or the Lachlan diggings is £5. A new coach is to be laid on by Messrs Ford and Co, capable I am told, of carrying 16 passengers.
As the gold rush intensified in the Burrangong and Forbes goldfields, Ben Hall transitioned from a diligent stockman to a flourishing squatter, reaping the benefits of the surrounding economic boom. Instead of mining for gold, Hall concentrated on managing his livestock and mingled with a group known as the 'Wild Colonial Boys,' occasionally these boys stepped out side the law armed with a revolver. Unbeknownst to Hall his property would soon become a focal point for bushranging activities.
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| Francis Christie, alias Francis Clarke, Frank Gardiner. c. 1862. |
In reality, Frank Gardiner was a pseudonym for Francis Christie, who was born in Scotland in 1829 and arrived in the colony of New South Wales at the age of five with his parents in 1834. His family eventually settled in pre-statehood Victoria. However, as Christie reached his twenties, he found himself on the wrong side of the law. After a legal entanglement in Victoria that resulted in a guilty verdict, Christie was sentenced to five years at the Pentridge Stockade in Coburg, Melbourne, for horse stealing. Approximately one year into his sentence, he managed to escape and fled to New South Wales in late 1851 (for more details, see Gardiner page).
Taking on the aliases Gardiner and Clarke, he continued his criminal activities. However, his run came to an end when he was apprehended for horse theft in February 1854 in Yass, New South Wales. Found guilty under the name Clarke, he received a sentence of fourteen years, comprising two consecutive seven-year terms, to be served at the harsh Cockatoo Island prison in Sydney.
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| Gardiner Ticket-of-Leave 1859. Never before published. |
Shortly after, Frank Gardiner, as he now called himself, partnered with his close friend William Fogg to establish a butcher's business in the emerging Lambing Flat goldfield, located 100 miles away from the Carcoar district, in mid-1860.
During Gardiner's thriving butcher's shop at Lambing Flat, he undoubtedly crossed paths with the local graziers Ben Hall and John Maguire. The demand for beef on the goldfield was high, and Hall and Maguire were herding cattle to the lucrative Burrangong field, reaping significant profits alongside Gardiner.
However, suspicions of cattle theft led Gardiner and Fogg to abruptly leave Lambing Flat and retreat to the familiar territory around the Fish (Lachlan) River district. Gardiner found refuge at Fogg's residence. As they laid low, the police caught wind of Gardiner's presence and attempted to apprehend him. A confrontation ensued, resulting in a gunfight and brawl. In the exchange, two police officers, Middleton and Hosie, were severely wounded, while Gardiner was brutally beaten. Under suspicious circumstances, Gardiner managed to escape.
Now free, Gardiner suddenly appeared in Wheogo, most likely due to his connection with John Gilbert and John O'Meally, who assisted Gardiner in cattle theft operations in Young. Gardiner's arrival in Wheogo also coincided with his intimate and passionate relationship with Catherine Brown, a married woman and Bridget Hall's younger sister. Catherine, 18 years old at the time, resided with her husband John Brown in a hut located a short distance from the Hall family's Sandy Creek homestead. Gardiner, who was 14 years Catherine's senior, became entangled in a scandalous affair with her.
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| Sir Frederick Pottinger. c. 1863. |
Pottinger's primary objective was to capture the newly arrived and elusive bushranger, Frank Gardiner. He spent many weeks scouring the bush in the Wheogo and nearby Bland districts, leading the search in collaboration with other dedicated bushranger hunters, such as Captain Battye and Captain Zouch. However, Pottinger faced significant challenges as the local landowners and grog shop traders held a deep disdain for the police. This animosity allowed Gardiner to receive aid and support from certain individuals, including Mrs. Feehiley, the owner of the notorious 'Pinnacle Station.'
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| Kitty's hut, Wheogo Station. c. 1920's. Courtesy Gordon Piper. |
"I knew Sir Frederick well. He used to stay at Sandy Creek whenever he was making round my way."
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| Frank Gardiner |
In their quest to apprehend Frank Gardiner during 1861/62, the New South Wales Police meticulously prepared a detailed map highlighting his known and suspected hideouts. This hand-drawn map identified individuals long suspected of sheltering the bushranger. Although the map was designed as a strategic asset for tracking Gardiner, it did not lead to significant breakthroughs in his capture (for additional details on Pottinger's initiatives, see the Traps page).
Furthermore, the map also catalogued those the police deemed of dubious character or directly involved in criminal activities, particularly those thought to be aiding Gardiner. Notably, among the names featured prominently on this highly confidential map were Ben Hall’s young wife and her sister, Mrs. Catherine Brown. Both were labelled as "bad" on the map, and one entry noted a particular station as a haven for Mrs. Hall and Brown, with Yorkshire Jack described as a good man but tainted by his association with these "bad" women.
The map offers a revealing look at the extensive connections between the married "wild Weddin girls" and various suspicious figures who were marked as suspects by the police, likely acquaintances from their past.
This critical document was forwarded to the Inspector-General of police in Sydney with the utmost secrecy. The integrity of its confidentiality was essential; any disclosure could not only alert those aiding Gardiner but might also provoke retaliatory actions against those seen as supportive of the New South Wales police. Safeguarding this sensitive information was vital for the efficacy of ongoing police operations.
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| The Map drawn by NSW police c 1861, shows the Routs and Harbourer's of Frank Gardiner living in the western districts and notes Mrs Ben Hall and her sister Mrs Catherine Brown as Women of Interest. ( I have edited the map to make it more legible.) |
The inclusion of Bridget Hall and Catherine Brown on a highly confidential document underscores their connections with dubious figures, hinting at turmoil in Bridget’s nearly five-year marriage to Ben Hall, a situation likely intensified by her interactions with her brother-in-law, William Hall.
Around this time, James Taylor, an associate of Frank Gardiner through his sister Mary's marriage to William Fogg, became a new figure in Bridget Hall's life. She was frequently seen at the residences of known bushranger sympathisers, often without her young son, Henry.
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| Ben Hall's son Henry, aged 56. Note; Henry's big solid frame. A dead ringer for his Father. c. 1915. Courtesy Noel Thurgood Collection. |
Moreover, Hall was connected through business and burgeoning friendships with prominent emerging bushrangers John Gilbert and the O'Meally brothers, John and Patrick, who were from the nearby Weddin Mountains. A long-standing resident of the Lachlan area recalled in 1863 that Hall’s friendships with John O'Meally and Gilbert began to form around 1860/1.
About four years since, whilst taking some cattle overland from my station on the Lachlan, I fell in with young Hall, who was then stock-keeping for his brother near Bundaburra. He, O'Meally, Gilbert, and some others had all just returned from their usual trip after cattle, and on my asking them what luck they had met with, they replied: "they had camped out for three nights at a place called Humbug Creek, but had met with little or no cattle, only in one mob there were a few duffers." The term "duffer" is too well known to need description here; it simply means clean-skinned animals, which are appropriated by whoever can get them into a yard.¹⁹ See full letter below link.
CORRESPONDENCE
The Newcastle Chronicle and Hunter River District News
Wednesday 4th November 1863
Years later, the lasting friendship between Ben Hall and the youthful
troublemakers, John Gilbert and O'Meally, was reminisced about by a
clergyman during his ministerial duties. As he journeyed past Wheogo and
Sandy Creek Stations, he observed Ben Hall and John Gilbert
collaboratively working on a fence. The clergyman, committed to his
spiritual duties of guidance and redemption, reproached them for
undertaking laborious activities on the Sabbath.On one occasion the same preacher was travelling near the residence of Hall, on a Sunday, when he discovered Ben, Gilbert and others doing some fencing. Reminding them of the sacred character of the day, the preacher was surprised to learn that they did not know it was the Sabbath. They referred the point to a lady who happened to live in a homestead near, and on the statement of the preacher being confirmed they, immediately ceased their work for the day. Facilus descensus averni.²⁰ (Descent to hell is easy. prophetic words.)
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| Bridget Hall c. 1919. Note Wedding ring. Private Source. Never before published. |
These accounts illuminate the strong bond between Ben Hall and the associates of Frank Gardiner, challenging earlier theories that suggested a distance between them. As Hall's quiet agricultural life progressed, it was on the brink of significant upheaval.
During Bridget Hall's frequent absences, often in the company of her sister Catherine and Gardiner's associates, she was increasingly drawn to the charismatic James Taylor, a stockman who was ten years her senior.
Despite their age difference, Taylor captivated the young Bridget.
It was previously speculated that Bridget did not know Taylor before marrying Ben Hall, but evidence points to a prior acquaintance. Social interactions among settlers in isolated areas were common, with long horseback rides to visit neighbours or attend social events not considered unusual.
Familial connections in the Weddin Mountains and Bland district were tight-knit, often cemented by intermarriages. Bridget and Taylor's connection is traceable through Taylor's former wife, Emma (née Dower), and her sister Mary Jamieson, whose family owned land near Bridget’s father’s station at 'Wheogo.' Taylor’s family owned significant properties such as Balabla and the Rocks, near key locations like Bimbi and neighboured the former Arramagong Station of the O'Meally family.
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| William Fogg and Mary Fogg, nee Taylor. c. 1870's Penzig |
The close bond between Fogg and Gardiner was evident in the actions of Mary Fogg. She proudly showcased to visitors a symbol of victory against authority—a shredded and bloodied shirt belonging to Gardiner, obtained during his encounter with troopers Middleton and Hosie in 1861. This memento held great sentimental value for her, representing defiance and triumph over the forces of law and order. The 'Empire' newspaper on Saturday, 14th March 1863, reported on this display by Mary Fogg.
Mrs Fogg is in the habit of showing the shirt that the desperado wore in that encounter, or rather the shreds of it that were picked up after his escape. I am given to understand that it is prized as a relic, and when shown to the rising generation, it in conjunction with the embellished narrative, will, I've no doubt, exercise a beneficial influence over that portion of the particular community in question, viz., The Abercrombie Ranges.
When Bridget reconnected with James Taylor, he was still legally bound in marriage, having wed Emma Dower back in 1849 in Yass, New South Wales. At the time he began his affair with Bridget Hall, Taylor had recently left his wife Emma—who was struggling with alcoholism—at their home in Narrawa, Bennett Springs near Reids Flat, NSW. Emma was left to care for their newborn baby, Jameison, born on 14th April 1861. In addition to the infant, Taylor also abandoned his daughter Sophie, born in 1851, and two other children, Mary, born in 1858, and John, born in 1859.
Note: Many have also linked Taylor with the NSW police, but this is inaccurate and often confused with his transported father, who on release, held a constabulary position at Penrith. Before settling at Balabla.
"Taylor was a pretend friend of Ben, but, as the after events showed, his visits were more on account of Ben's wife, who was a fine-looking woman."
Maguire ventured on that:
"I suspected his little game myself and had dropped hints to Ben."
Furthermore, after those hints, Maguire revealed Ben's reaction:
Ben cautioned his wife, in very threatening language, what would happen if he ever discovered anything between her and Taylor. Later on, Ben actually came across some of Taylor’s letters, and there was such a row that the latter kept a civil distance.
Bridget's infidelity and her extended absences from home signalled the disintegration of what had once been a harmonious union, setting Ben Hall on a trajectory that would eventually make him the most notorious outlaw in New South Wales.
In early spring of 1861, as Ben Hall prepared to leave Sandy Creek for the annual cattle muster, he shared a tender and heartfelt goodbye with his wife and playfully tousled the hair of his young son Henry, unaware that this farewell would be their last. Casting a final, affectionate look at his beloved wife, Hall mounted his horse and rode off to join other squatters in the expansive task of rounding up both branded and unbranded cattle, as well as wild horses, across the sprawling plains of the Bland and Lachlan districts. These mustering events were pivotal gatherings, attended by squatters of all ranks, where the crisp spring mornings slowly warmed into lengthening days.
The muster was described below by Clarence Paget Bayly:
Wire fences were unknown, and wild horses and cattle roamed the bush at will, and you would see from 20 to 30 men saddle up in the morning to take part at these great musters, and the stockwhips would sound like thunder coming home to the yards at nightfall. Up would go the slip-rails. Off would come the saddles, when supper would be partaken of, and then you would see as jolly a lot of fellows as ever smoked a pipe.²¹
When Hall returned to Sandy Creek a few weeks later. He found the homestead hut deserted and learned from neighbours that the wife he had so greatly loved and so entirely trusted, had gone off.²²
Upon Hall's return from mustering, he was confronted with the devastating reality that Jim Taylor had whisked away his young wife Bridget. Not only that, but they had also taken Hall's beloved son Henry with them. The couple had eloped and sought refuge in Bigga, a location roughly 80 miles away from Hall's station. John Maguire described Ben Hall's emotional state as:
Cut up terribly, for he had been fond of his wife, and the little boy was the sunshine of his home.
The 'Adelong and Tumut Express and Tumbarumba Post' of Friday 22 August 1924 reviewed the circumstances, offering an early insight from an old friend of Hall's who reminisced on the effect the desertion had after learning of his wife's faithless actions:
Ben was dumbfounded, and on recovering from his shock, said, "For God's sake, don't say that." It was abundantly clear that Hall was a changed man, and that he had received a wound that no skilled surgeon could heal. He raved and acted like a madman. The agitated father inquired eagerly after his child, only to be told that they had taken it with them. That night he saddled his horse, then procured a loaded revolver, and within a short space of time was on his way to search for the despoiler of his home and happiness. For a whole week, he continued the search, and then returned to Wheogo a completely changed man. Instead of being the industrious, hardworking grazier, he became sullen, restless and ill-tempered. He said it was useless working as he had no home nor anything to which was worthwhile living for. He had no wife, no child to cheer him at the end of the day's toil. As time wore on he became more reconciled to his lot and began to enjoy the company of others. He made frequent excursions to Lambing Flat, then a prosperous gold-digging field.
However, frustration developed into full-blown bitterness as Ben conducted a fruitless search for the lovers. Unknowing that their destination was the Fish River and the Fogg's home. Maguire recalled:
For three or four days Ben raced about, but could not get a clue as to the direction taken by the pair. He abandoned the search in despair.
Ben, my boy, try and forget me; I do not think it is in the power of God to forgive. I love a scoundrel—that is, if it be love at all, which I know the world will say it was not. Call it what you wish. ‘The hellish promptings of the devil,’ Taylor destroyed my duty to you as a wife, and I have destroyed your happiness for life. Something was in me that I had not fortitude to resist, however, hope that you will possess sufficient manliness to bear up against the conduct of a runaway strumpet. If you have not, I can't help it. Follow not. You have always been too good a man for me. Two villains are more suitable, possessing no love nor yet even the fear of God or the eternal flames of hell. Poor Ben, good-bye.
The veracity of the letter allegedly left by Bridget is uncertain. If it did exist, it was likely composed by Bridget’s literate older sister, Elen Maguire, given that Bridget herself could not write, as evidenced by their marriage certificate where both she and Ben signed with an "X". Elen, who remained close to Ben Hall until his death, was fully aware of Taylor’s feelings for Bridget and eventually disclosed the affair to her husband, John Maguire.
In the aftermath of Bridget’s departure and his unsuccessful attempts to locate his son Henry, reports suggest that Ben Hall was deeply affected by the loss, as his son was the sunshine of his home. Furthermore, the discovery of Taylor's betrayal is said to have ignited a fierce anger in Ben, fuelling a desire for violent retribution against the man who had disrupted his family. John Maguire noted this profound shift in Ben's temperament, observing a darker, more vengeful side emerging.I witnessed Ben’s first essay at pulling the trigger. It was a revolver that he had picked up on the road one day while we were out riding together a six-chambered weapon that had evidently fallen from someone’s belt. Getting a supply of ammunition, Ben used to pass his lonely moments at home practising at a target.
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| Jack Bradshaw, 1846-1937. |
He rode about the country like a madman, hardly knowing what he was doing, and mixed up with all kinds of company.
John Maguire further observed that Ben Hall had lost interest in his
share of Sandy Creek. The emotional strain from the betrayal and loss of
his family, along with the turmoil he endured, appeared to have eroded
his once fervent commitment to the station. Ben's priorities had shifted
significantly, and his attention to Sandy Creek diminished as he
struggled with the personal challenges he faced.
Ben soon lost interest in his station and started roaming about, so often that I missed him for days together.
With Ben Hall's loss of interest in Sandy Creek, his brother William took over the management of the station. Meanwhile, Ben's association with Frank Gardiner became more apparent, as he was frequently seen in grog shops, establishments known for attracting drunkards, hooligans, and the idle individuals of the district. This class of people, characterised as layabouts, was exposed in an article published in The Yass Courier on April 22, 1862. The article shed light on the unsavoury characters with whom Ben Hall was now associated.
It behoves our protectors, the police, to have a keen eye upon all those young men who appear to have plenty of idle time to own and ride flash horses, and knock about public-houses, with apparently plenty of spare cash, and no ostensible means of earning or replacing the same; also, they are generally surrounded by old "loafers" of a shabby appearance, which fact ought to be enough to a sharp policeman for 'noscitur a sciios.' (It is known by the company it keeps.)
During his travels through the Western Districts, the vociferous Member of Parliament and Reverend John Dunmore Lang, often referred to as the "Stormy Petrel," made a number of pointed observations. In his 1862 article, 'Notes of a Trip to the Westward and Southward, by the Rev Dr Lang, M.P.,' Lang detailed the prevalence of rogue elements and unsavoury characters who loitered around the seedy venues near the Burrangong and Lachlan goldfields. He also criticised the local citizens for their passive acceptance of the criminal activities that had become embedded in the region. It was in this questionable company that Ben Hall was frequently spotted, as Lang noted in his writings, engaging and socialising with these nefarious figures.
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| Rev. John Dunmore Lang. b. 1799 - d. 1878. Courtesy University of Wollongong. |
All along these routes there are these places of accommodation, shanties, sly grog shops, etc., of the most questionable character and it is in these places that our modern bushrangers obtain occasional shelter and general information.
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MacAlister's former
Great Eastern Hotel, Forbes, frequented by Ben Hall. c. 1862. N.L.A. |
The last two trips we have made, on both occasions, I saw him at the Pinnacle Station Mrs Feehiely's public house.
In his memoirs, 'Old Pioneering Days in the Sunny South,' Charles MacAlister, a former publican in Forbes, provided a detailed account of Ben Hall's associations and activities, highlighting the depths of his descent. By the early 1860s, Hall was not just under suspicion but was widely regarded by Forbes’ prominent citizens and leading graziers as having aligned himself with bushrangers, according to MacAlister. This marked a significant decline in Hall's reputation.
MacAlister also discussed how disguising one's identity was a common tactic during robberies, a strategy that Hall might have used in his initial criminal endeavours with 'the boys'. This could have included blackening his face or donning a crape or calico mask to hide his identity.
While some historians question the extent of Hall's early bushranging ties, the accounts from contemporaries like MacAlister provide strong evidence of his involvement. These are not mere conjectures but are based on direct observations and experiences. MacAlister’s writings are particularly insightful for understanding Hall’s collaboration with Gardiner and his gang, as revealed through thorough research.
The news was brought in on the sticking up of Mr Horsington, the Lambing Flat storekeeper, at Big Wombat, by Gardiner and his gang, Horsington having to part with £500 odd in money and over 200 ozs. in gold dust. Up to that time, this was the biggest coup the Darkie (Gardiner) had made. Ben Hall, Gilbert, Fordyce, Charters, and others of the bushrangers had drinks on many occasions at the Great Eastern Hotel in Forbes, and in broad daylight, too. This was prior to the Eugowra affair, and up to that event, Ben Hall and Gilbert were only suspected of a bushranging kinship with Gardiner. For though several of them had been before the Forbes Bench on suspicion (Ben Hall and O’Malley were repeatedly brought up), the law had failed to sheet the guilt home to them to the satisfaction of the local J.P.
In 1863, Ben Hall confirmed the veracity of MacAlister's observations when he recounted being brought before magistrates. Hall acknowledged his arrests and voiced his irritation with the persistent harassment from Police Inspector Sir Frederick Pottinger. It is important to recognise, however, that these arrests were justified given Hall's connections with known bushrangers and the accumulating evidence of his participation in criminal activities.
Ben Hall referred to the trouble Sir Frederick Pottinger had given him in having him taken into Forbes so many times before the magistrates for nothing.
Note: MacAlister had built and was the former owner of the Great Eastern Hotel in Forbes a regular drinking hole for Ben Hall, Gilbert etc. MacAlister's book may be accessed on the Links page.
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Illustration of hotel
festivities on the Gold Fields. c. 1860's. Image courtesy NLA. |
Ben Hall's waning interest in Sandy Creek station became apparent as he was frequently spotted in the bustling township of Forbes, often in the company of individuals associated with Gardiner's gang. These meetings, detailed in Charles MacAlister's memoirs, typically unfolded in the vibrant settings of hotels and dance halls, where bushrangers mixed with locals over drinks, entertainment, and revelry.
A notable distraction for Hall during these times was the presence of the Hurdy-Gurdy Girls, who danced with stockmen and miners for money, providing rare social interaction in a community where female company was scarce. Taking advantage of the gold-rich patrons and their often inebriated state, some dancers charged steep prices for a dance. The lively backdrop was set by musicians playing robustly to cover the sound of stomping feet, while poignant ballads about distant homes stirred a mix of nostalgia and longing among the listeners.
Charles MacAlister recounted how these social gatherings frequently devolved into violent fistfights, with bushrangers like Gilbert indulging in various misdeeds. The NSW police struggled to control the chaos, often finding themselves outmatched and unable to catch the culprits behind the tumultuous brawls. Even the barmaids were subject to the rowdy advances of the exuberant crowd, adding to the tumultuous atmosphere of these events.
The barmaid was shying empty bottles and, pewters at the head of a young fellow who, she said, had insulted her, and the air was full of smash and frenzy. The great Sir F. Pottinger (then head of the police) was riding by at the time with one of his troopers, and he and his subordinate rushed into the bar, leaving their horses tethered to a tree nearby. While the police were inside quelling the row, someone made off with their horses, and we doubt if they were ever recovered. Johnny Gilbert, it was said, had a hand in the business; but whoever took them reduced the awful Pottinger to the level of an old vituperative fish-fag and he threatened several bystanders with summary punishment if the prads were not returned.
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| Ted Plunkett 1851-1929. Private Source. |
There was no such thing as whisky in the hotels. Whisky is a comparatively late drink. Pale and dark brandy was sold, then, and it was quite effective, too.
Plunkett provides an insight into the revelry and mischief in the gold town:
Everybody played practical jokes taking wheels off buggies, or removing signs from one shop and placing them elsewhere. Blazing tar balls were rolled up and down the streets, and everywhere there was skylarking going on. There was a crowd we called the Donegallers, and they were always looking for a fight. You might see one fight start away in the distance, and before you could reach it there would be half a dozen more.
Another former old-hand recalled life in the new sin city of Forbes; 'Western Herald', October 1908:
Another former old-hand recalled life in the new sin city of Forbes; 'Western Herald', October 1908:
It was a motley crowd one saw in Forbes along in '62 and '63, pressmen, lawyers, magistrates, surveyors, actors, demireps, unfrocked parsons, gamblers, pugilists, golden hole men, "all sorts and conditions of men," cheek by jowl. Vice and villainy were rampant, needy adventurers on the make, bushrangers in faint—very faint, disguise; bars and dancing saloons full to o'er flowing, cafe chantants better patronised than churches. Money was flung about anyhow; it seemed as if Sheol itself was let loose. Fast and fair women danced, or drank for wagers, and boasted that they could hold-up the police—or any other body in fact. One woman backed herself to waltz "either man or woman blind for £50," and declined to dance with any ordinary mortal for less than a fiver. (Sheol is ancient Greek for Hades.)
In an article for the 'Freeman's Journal' dated November 10, 1906, the noted 1860s journalist Dan Mayne vividly described the bustling atmosphere of Forbes during the time of Ben Hall's infamy. Mayne painted a picture of the town's carefree spirit, highlighting how men casually tossed and scattered gold nuggets, adding to the excitement and joviality that pervaded the environment. The nights were filled with robust singing, energetic dancing, and plentiful drinks, while the charming presence of Forbes' women further enlivened the already vibrant streets. Ben Hall continued to be a familiar figure in this lively scene, moving from one spot to another, fully immersed in the town’s nightlife.
When Maggie Oliver and Joey Gogenheim were playing with old Bill Holloway's company the diggers were so delighted with the sight of those ladies' fair forms and the sound of their sweet voices that (as bouquets were unknown) they threw valuable nuggets of gold on the stage to them instead. It was the liveliest place I was ever in, and many a jolly night I spent with M'Guire's friend, Ted Barry, who kept the hotel where old John Toohey drove the mail coach too, and Ted's pretty sister sweetened the sherry with her sunny smiles. Money was thrown about in the most reckless fashion.
Every entrepreneur was vying for the patronage of the cashed-up prospectors, graziers and station hands. A Forbes theatre advertisement 1862:
Every entrepreneur was vying for the patronage of the cashed-up prospectors, graziers and station hands. A Forbes theatre advertisement 1862:
Wigram's Exhibition Concert, legitimate amusement, light, laughable, and agreeable. Every evening from 7.30 to 11, by an unrivalled company of vocalists, musicians, and dancers. Reserved seats 1/-: Cushioned seats 2/-.
Many of these establishments were well patronised and for those less lucky free theatre shows were available but would include a small stipend:
Also there were several free theaters—but everyone who went in was expected to buy a drink; and whether they wanted it or not, they had to pay sixpence for it.
As Forbes' population grew with fortune-seekers, enterprising individuals took advantage of the town’s rapid expansion. They set up boarding houses, hotels, and various businesses, looking to turn a quick profit before moving on. The real estate market flourished, with properties being listed at high prices to meet the demand of eager purchasers. An early 1862 advertisement highlighting a hotel for sale is a prime example of the lucrative opportunities that were available in the bustling town of Forbes.
For Sale.— A Public House on the South Lead, 4 bedrooms, kitchen and oven. 50 boarders now in residence. Price £150.
As the hotels in Forbes became packed with patrons, it was a common sight to see individuals carrying a wide variety of weapons. Guns, pistols, and other arms were frequently seen in the hands of those mingling in the lively establishments of the town. The sound of gunshots would often echo through the air, a testament to the prevalence of these weapons and the sometimes rowdy atmosphere of Forbes' festive houses:
It was a curious crowd to look at. Nearly, all the men had revolvers or pistols in their belts, few wore coats, nearly all had flannels, some red ones, and moleskin trousers; some wore riding pants, and these could easily be picked out as stock dealers or stockmen, bringing stock for sale to the diggings.
"Gold man gold! said he have I died and gone to heaven." Forbes was flying as men and women from all walks of life continuously converged on the timber and canvas tent town seeking their fortune, before long:
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| Gold Warden Captain Brown. Courtesy HHS. |
Hall immersed himself in the vibrant life of Forbes, frequently joining Gilbert, O'Meally, and their cohorts for nights of revelry. They patronised the many public houses in Forbes, where an abundance of wine, spirits, women, and song created a lively atmosphere. Notable establishments like Montgomery's Rising Sun Hotel, Great Eastern, and Cohen's Inn were among the numerous venues that dotted the town, while Hall also spent time at the Harp of Erin Inn and The White Hart Inn, managed by John Wilson, a friend of Maguire.
For a time, Hall cohabited with a woman named Betsy, though their relationship was brief as she eventually left with another. Moreover, Forbes was known for its Sly Grog shops—clandestine drinking spots that attracted dubious figures. One notorious shop, run by Gilbert and O'Meally, was located along the road from Lambing Flat to Forbes, on the Gold highway near the Weddin Mountains. Highlighted below:
The existence of places on the diggings at which grog is sold in defiance of the law, maybe excused by the peculiar circumstances of the population, constantly shifting from one locality to another, but we see no good reason why they should be tolerated in out of the way places in the bush, where they benefit no one except the class who live by cattle stealing. It is a veil known fact that the unlicensed grog-shops on by-roads, and in other quiet spots, are the very places where the professed horse and cattle thieves meet, concoct their plans, or effect changes in the property they have appropriated. We have known of half the carcass of a bullock (of course a stolen one) given for a bottle of rum at one of these dens, and the other day we were told of a mare of considerable value being swapped away for half a gallon of the same liquor. Of course, while men risk the chances of detection so rashly, it is not to be wondered at that they will filch a dozen foals from a herd of mares, drive them away, and brand them. As these grog-shops are out of the usual line of traffic, and as the police never bother their heads to shape that way, the trade is carried on with impunity, the customers consisting wholly of those to whom the existence of such places is of incalculable advantage.
These sly grog shops were not only places for cheaper drinks compared to the more upscale dance halls and hotels, but they also functioned as hubs for gathering information, planning highway robberies, and fencing stolen goods. Attracting a clientele that often included gangs and individuals looking to avoid police attention, these establishments were a favourite among those operating on the fringes of the law. Located on the edges of the goldfields, saloons hosting bare-knuckle boxing matches for wagers were particularly popular with this crowd. Intriguingly, despite frequent raids by law enforcement, many of these clandestine hotels and drinking spots were run by women, who managed to navigate and survive the challenges posed by the authorities.
These sly grog shops were not only places for cheaper drinks compared to the more upscale dance halls and hotels, but they also functioned as hubs for gathering information, planning highway robberies, and fencing stolen goods. Attracting a clientele that often included gangs and individuals looking to avoid police attention, these establishments were a favourite among those operating on the fringes of the law. Located on the edges of the goldfields, saloons hosting bare-knuckle boxing matches for wagers were particularly popular with this crowd. Intriguingly, despite frequent raids by law enforcement, many of these clandestine hotels and drinking spots were run by women, who managed to navigate and survive the challenges posed by the authorities.
The police have commenced prosecutions against the sly grog sellers. Five were summoned to appear before the court yesterday-Captain Browne and Commissioner Grenfell on the bench. Samuel Richards, James Pattison, and Margaret Scully were severally fined £30. The case against one Elizabeth Marshall was remanded for a week. A warrant was issued for one Helen Berriman, she not appearing to the summons.
Long after the gold rush had faded, and recounting the heady days of life in Forbes, an old resident mused over the throngs of people parading the streets circa 1862. 'The Forbes Advocate', Wednesday 4th April 1928:
Long after the gold rush had faded, and recounting the heady days of life in Forbes, an old resident mused over the throngs of people parading the streets circa 1862. 'The Forbes Advocate', Wednesday 4th April 1928:
I have not as yet given you any idea of the diggings. Well, it opened my eyes. I never saw anything approaching it; it was simply impossible for you to get down Rankin Street with a mate without losing him. The people were like sardines in a tin, it was simply wonderful. The hotels were packed, you had to wait your turn to get into them as well as other places of business. I do not think there was a country on the face of the earth which was not represented.
Ben Hall had thrown off the reputation 'as a young man of fine promise.'
Before Hall's marriage breakdown, he and Bridget would occasionally visit Bathurst, seeking a break from the monotony of station life and indulging in some leisure time. However, their visit in 1858 took an unexpected turn at the 'Australian Hotel' on Bentinck Street. Bridget found herself engaged in a heated argument with another woman, Mrs. Elizabeth Fitkin, which quickly escalated into a full-blown confrontation. The exchange of words between the two women was so intense that it was likened to a provocation for war, leading to their appearance in the Bathurst court.
Bridget, known for her fiery temperament as one of the wild Weddin Girls, used her sharp tongue as a weapon, unleashing a torrent of verbal abuse at Elizabeth Fitkin. The explicit language exchanged between them shocked those who overheard it. The barman of the hotel, Mr. Murray, was so taken aback by the vitriol of their exchange that he failed to appear as a witness when summoned to court, resulting in him being held in contempt. Eventually, Murray was escorted into the courtroom by a policeman. When questioned about his reluctance, Murray candidly explained to the judge.
Bridget, known for her fiery temperament as one of the wild Weddin Girls, used her sharp tongue as a weapon, unleashing a torrent of verbal abuse at Elizabeth Fitkin. The explicit language exchanged between them shocked those who overheard it. The barman of the hotel, Mr. Murray, was so taken aback by the vitriol of their exchange that he failed to appear as a witness when summoned to court, resulting in him being held in contempt. Eventually, Murray was escorted into the courtroom by a policeman. When questioned about his reluctance, Murray candidly explained to the judge.
Because he did not wish to mix himself up with anything so filthy and disgusting as the case in question. and I am disgusted, your Worships beyond measure, at being in any way connected with the transaction. I am an unwilling witness and will say no more than I am compelled.
The reporter in court also appeared to take a civil view and refrained to layout the ribald vitriol except to write:
It appeared that Mrs Bridget Hall had made certain references to Mrs Fitkins', chastity, in language which could scarcely be equalled by either the celebrated Mrs Moriarty or the great Daniel O'Connell, and which is therefore hardly fit for print. A portion of the language was given by Mr Murray, but as he had not taken notes of the belligerent interview he could not undertake to give the whole.
Murray concluded:
For forty years I have been occupied in that vocation, and little imagined it would be my lot, being moreover the father of a family, to figure in a dirty, filthy obscene, piece of business such as this.
The case was finalised and dismissed;
After some little discussion, the Bench concurred in that reading of the law and dismissed the case, at the same time releasing Mr Murray from custody, who left the Court with a polite bow.
Ben Hall had been married to a hellcat!
Authors Note: Elizabeth Fitkin arrived in New South Wales in 1839 as a convict on board the Margaret and received a Ticket of Leave in 1855. Fitkin had several arrests for assault, drunkenness and disorderly conduct in Bathurst:
The Margaret, Captain Canney, with 166 female convicts from Ireland, and 56 free emigrants, under the superintendence of Dr Moxey, R.N. Passengers - Rev Mr Wilkinson, Mrs Wilkinson and family, left the Cape of Good Hope same day at the Boyne, bound to Sydney. She also spoke of the Prince George, with emigrants for South Australia, to the northward of the line. The Margaret arrived in Port Jackson on 1st April 1839.
Conversely, in 1921, an old-stagier reminisced in the 'National Advocate', Friday 30th, September, of another evening in Bathurst, when Ben Hall, in company with his brother Bill, attended a dance at a local hotel:
Talking of dances did it. Alec declared that he had danced with Ben Hall. "Ben Hall wasn't a bushranger, then," protested Alec. "That was before he broke out. A lot of young fellows came into a hotel in William Street and made themselves known. I was only 17 or 18 then, (around 1860) and I didn't know them. One was Ben Hall, and another was his brother Bill. Ben looked a fine young fellow. They said, "Let's have a buck set." That meant all men. And we had a buck set. I took "tops" with Ben. And the only woman in the set was the publican's daughter.
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| Bridget Taylor |
Amid Ben Hall's tumultuous personal life, his family in Murrurundi was embroiled in their own turmoil. The ongoing feud between his father, his brother Edward, and Edward's wife Honora showed no signs of subsiding. In December 1861, the patriarch of the Hall family, at 56 years old, found himself in the headlines once again.
On this particular occasion, the elder Hall was viciously assaulted by an individual believed to be known to him. This attack happened while he was on his way home after spending a peaceful evening at Thomas Abbott's Plough Inn at Blandford. The story was covered extensively in the January 8, 1862, issue of 'The Newcastle Chronicle and Hunter River District News.'
On this particular occasion, the elder Hall was viciously assaulted by an individual believed to be known to him. This attack happened while he was on his way home after spending a peaceful evening at Thomas Abbott's Plough Inn at Blandford. The story was covered extensively in the January 8, 1862, issue of 'The Newcastle Chronicle and Hunter River District News.'
On Friday last, as poor old Ben Hall, of Blandford, was on his road home, a "little the worse for beer," and as Benjamin resided a distance of half-a-mile from the public house where he had been spending the evening, and felt tired, he sat down to rest awhile, and unfortunately fell into a sound sleep, when some villain poured over his head and face a quantity of hot water, scalding poor Hall in a fearful manner. The police have a clue to the monster who committed this atrocious act.
Yet, the method of the attack on Ben Hall's father suggested the hand of a woman, given that boiling water is not typically a man's weapon of choice. It is plausible to infer that Edward Hall's wife, Honora, may have been the perpetrator, given the bitter animosity known to exist between her and her father-in-law, Ben Hall Sr. However, the records remain silent on how Ben Hall himself reacted to these ongoing familial disputes and his elder brother's fraught relationship with their father.
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| Ben Hall c. 1862. |
Things got from bad to worse, till Frank Gardiner, the bushranger came. He capped the lot. Now under 'The King of the Road's influence, Ben started on his notorious career.
Frank Gardiner was a formidable character, reminiscent of the famous
17th-century English highwayman, Claude Du Val. Born in 1643, Du Val was
known for his bold exploits and charismatic charm. His legacy established the archetype of
the gentlemanly rogue, a persona that Gardiner seemed to emulate
perfectly in the mid-19th century.
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| Flamboyant, Claude Du Val. by William Powell Firth (1819-1909) |
A gallant and courteous rogue, probably the most dashing highwayman ever to haunt the roads of England. He was known as a “true gentleman of the road.
Gardiner wore breeches and high boots, cabbage-tree hat with a black band, and black poncho spotted on the inside of like the skin of a leopard.
This approach was similarly embraced by his cohort, John Gilbert, who also presented himself with flamboyance. Even the more reserved Ben Hall, who took great pride in his appearance, started to adopt this style. This trend among the trio—Gilbert, O'Meally, and Hall—made them stand out; despite their criminal activities, they were often noted for their cleanliness, sharp dress, and composed demeanour. As they carried out their bold raids across the Lachlan region, these bushrangers maintained a dignified presence, their outlaw behaviour contrasting starkly with their refined exteriors. This combination blurred the lines between villainy and respectability, crafting an enthralling image that captivated the public’s attention.
This approach was similarly embraced by his cohort, John Gilbert, who also presented himself with flamboyance. Even the more reserved Ben Hall, who took great pride in his appearance, started to adopt this style. This trend among the trio—Gilbert, O'Meally, and Hall—made them stand out; despite their criminal activities, they were often noted for their cleanliness, sharp dress, and composed demeanour. As they carried out their bold raids across the Lachlan region, these bushrangers maintained a dignified presence, their outlaw behaviour contrasting starkly with their refined exteriors. This combination blurred the lines between villainy and respectability, crafting an enthralling image that captivated the public’s attention.
Hall had a quiet and respectable air—by wearing nicely-shaped high boots and a well-fitting pair of brown cord pants, with fashionably cut cloth coat and vest of the same colour, and only one gold chain, and not much of that to be seen.
Adding to their complex personas, Gardiner and Hall showed a strange sense of generosity amidst their audacious thievery. Even when their victims were at the wrong end of their guns, stripped of their precious belongings and hard-earned money, they were never left penniless. Silver coins, particularly shillings, were a line Gardiner, Hall's mentor, rarely crossed, leaving these for their victims to get by. Hall too adopted this practice, only deviating when circumstances were particularly dire.
These actions, as unconventional as they may seem for outlaws, only served to enhance Gardiner and Hall's prestige. They were not just mere thieves but held a certain code, a chivalry of sorts, within their lawlessness. This intriguing facet of their characters further cemented their reputations, presenting a compelling contrast to the ruthless bushranger image, thereby keeping the public perpetually captivated.
These actions, as unconventional as they may seem for outlaws, only served to enhance Gardiner and Hall's prestige. They were not just mere thieves but held a certain code, a chivalry of sorts, within their lawlessness. This intriguing facet of their characters further cemented their reputations, presenting a compelling contrast to the ruthless bushranger image, thereby keeping the public perpetually captivated.
There have been few instances where violence has been used by these modern highwaymen, they will often leave a few shillings with their victims, so that they may not be on the road quite destitute.
Adopting the egalitarian ideals promoted by Frank Gardiner, John Gilbert, O'Meally, and Ben Hall forged their own distinct path in their outlaw activities. Hall's recent alliance with Frank Gardiner, reinforced by his established friendship with John O'Meally and John Gilbert, shifted him from his life as a grazier into the thrilling realm of bushranging. This transition into a life of defiance and daring inevitably set him on a collision course with the forces of law.
Sir Frederick Pottinger, a determined law enforcement officer, had already targeted the infamous Frank Gardiner and his gang. When several highway robberies occurred near Sandy Creek from March to April 1862, one attributed to Ben Hall, his arrest was notably public and dramatic. Hall was apprehended at the Forbes racecourse, handcuffed, and taken to the lock-up.
This arrest created a significant commotion among the local population, many of whom were stunned to see one of their own detained so publicly. Despite Gardiner’s well-known status as the dominant 'King of the Road,' the notion that Hall might be complicit was startling and left many in disbelief. With Gardiner reputed to control local travel routes—allegedly issuing free passes for unobstructed travel—the lines between criminal and hero in Hall’s public persona became increasingly blurred, complicating how he was viewed throughout the district.
It asserted that the bushranger Gardiner is supplied with information by numberless accomplices both in the township and along the roads; a journalist has had it said of him that he can secure any friend from Gardiner by giving "passes."
As Ben Hall delved deeper into the bushranging life, he found himself amidst a diverse and transient group that frequented the rough sly grog shops and shanties scattered around the goldfields. These men, drawn by Frank Gardiner’s charismatic leadership, would often loiter like dingos, waiting for chances to profit from Gardiner's bold schemes. Notable among this group were figures such as John Davis, John McGuinness, 'Paddy' Connolly, and 15-year-old Johnny Walsh — Bridget Hall's brother — along with John Jameison, Taylor's nephew, all of whom were well-acquainted with Ben.
Gardiner's gang was a diverse assembly, constantly changing as various individuals, often down on their luck, joined and departed from the ranks of these bushrangers. Gardiner’s readiness to confront any passerby with his pistol became legendary. His daring actions were so significant that they were even debated in the New South Wales 'Parliamentary Hansard' and reported in the 'Sydney Morning Herald' on August 19th, 1863, for the period from March 1862 to April 1862, showcasing the broad intrigue and, in some quarters, admiration for Gardiner’s reckless endeavours.
March 25th, 1862.-Telegram, Forbes. Gardiner stuck-up and robbed two drays (between this and Lambing Flat) of provisions, spirits, and winter clothing; April 12th, Gardiner went to Mrs Chisholm station, at Bland, and stole a horse; 17th, telegram, from Forbes, sticking-up is still the order of the day between here and Lambing Flat, 20th, Gardiner stuck-up about twenty-five men on the Lachlan Road a few days ago, and several drays. 23rd, Gardiner and four armed men dashed in front of Greig's coach, on the road from the Lachlan to Burrangong and turned into the bush again; on the same day, they stuck up and robbed a dray, belonging to Moses and Son and the other day, they stuck up and robbed Mr Greig's dray on the Lachlan road.
Undoubtedly, the relationships Ben Hall had formed, coupled with his recent forays into highway robbery, likely tied him to several reported incidents, especially the last three. It's important to note that there could be a delay of several days between the dates of the robberies and when they were reported.
Ben Hall's ties to Frank Gardiner trace back to around July of 1861. This connection was further confirmed by a mail contract rider who was held up in Binalong in 1863 by Hall and John Gilbert. The postman's testimony further cemented the partnership between these infamous bushrangers, highlighting the complex network of associations that underpinned their criminal endeavours. This was documented in the 'Geelong Advertiser' in December 1863.
Richard Henry, in the employ of Mr Jacob Marks, the contractor, was conveying the mails from Binalong to Yass, he was stuck up by Gilbert and Hall. As to the identity of the bushrangers there can be no doubt, as their faces were not disguised in any manner, and Richard (or Dick, as he is better known by, a half-caste aboriginal) had the opportunity of fully recognising them as those well known bushrangers, who, in company with Gardiner, waited upon him professionally while he was conveying the mails in the neighbourhood of Murrumburrah, some two years past.
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| Ben Hall description NSW Police Gazette, for 8th April 1862, 2nd villain. Others no doubt 1. Gardiner, 3. Gilbert and 4. O'Meally. |
In the early months of 1862, Ben Hall's previously untarnished life began to unravel due to his impulsive decisions. Riding alongside Frank Gardiner and John Gilbert, Hall risked everything in his first recorded act of highway robbery.
No doubt Ben Hall had been involved in earlier robberies, but through a mix of luck and cleverness, he had avoided being directly linked to these incidents. This notion is supported by Charles MacAlister’s comments, which suggest that Hall’s prior misdemeanours had not caught the attention of the authorities.
Ben Hall and Gilbert were only suspected of a bushranging kinship with Gardiner. For though several of them had been before the Forbes Bench on suspicion (Ben Hall and O’Malley were repeatedly brought up), the law had failed to sheet the guilt home to them to the satisfaction of the local J.P.
During this time, the New South Wales Police Gazettes reported on highway robberies, with several descriptions that resembled Ben Hall. In the April 1862 edition of the gazette, Hall was depicted in a manner that strongly hinted at his participation in these unlawful acts. The area was grappling with rampant lawlessness, and Hall appeared to be deeply involved in the chaos.
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| Ben Hall woodcut image, c. 1865. Courtesy NLA. |
Rather above the medium height, 5ft 6-7in tall and rather stoutly built, lame in one leg and weighed 13 st 7 lbs.
In the 1860s, a man of Ben Hall’s build would likely be considered overweight by today's Body Mass Index (BMI) standards. Maguire noted that Hall was about three stone (42 lbs or 19.05 kg) heavier than him. For context, Maguire was quite lean, weighing about 140 lbs and standing at 5 feet 9 inches tall, in sharp contrast to Hall's more robust frame, 182 lbs which stood between 5 feet 6 and 7 inches. The image on the right is probably the most accurate depiction of Ben Hall's physical stature during that era.
Although he was a much bigger man than I was, for he was nearly three stone heavier than I.
Frank Gardiner was as well recorded as 5 ft 9 in and 145 lbs or 10 stone. During a later robbery in 1864, Ben Hall’s appearance was noted:
Hall is the only one of the three who cultivates any moustache or whiskers, and he is getting fat.²³
Ben Hall is a quiet, good-looking fellow, lame, one leg having been broken. He is the eldest of the party and the leader--I fancy about 28 at years of age.
The leap into Bushranging; "Next time they take me, they'll have something to take me for."
The leap into Bushranging; "Next time they take me, they'll have something to take me for."
It is 14th April 1862; Frank Gardiner and John Gilbert approach the transport dray of William Bacon drawing their revolvers. Edward Horsenail, an employee of Bacon's, later attested:
I noticed two men ride out of the bush, and cried out to Bacon, "Look out, Bill, here are the boys!" they came up and presented their revolvers, and ordered us into the bush.²⁴
Gardiner ordered Benkin to turn his wagons into the scrub where Ben Hall and another man, John Youngman, reputedly an employee of Ben Hall were waiting. Hall is holding the reigns of a pack-horse to load their ill-gotten gains. Two passing travellers were spotted on the road from the scrub. Gardiner orders Ben Hall and Gilbert to fetch them. They bail them up, steal a saddle and hold the men as prisoners. On completion, the four bushrangers took clothing, tobacco, spirits, and other goods. Newspapers at the time reported Gardiner's command of the Queen's highway and that his current actions could only end in misery:
Gardiner is a bold rogue and a very great fool, because, he not only braves the police and levies toll along the whole line of road from Burrangong to the Lachlan, but he risks his liberty or neck for the paltry equivalent of a few months defiance of the law. A pity it is that so bold a spirit should be occupied in so bad a cause, and should have to look forward to so contemptible an end.²⁵
Taking advantage of his recent gains, Ben Hall leisurely travelled to the annual horse races in Forbes, an event he thoroughly enjoyed. The 1862 Easter holiday races were set to occur over three days, from April 22nd to the 24th at Wowingragong. This event, always wrapped in a festive air, drew a varied audience that included Forbes' high society along with an eclectic mix of intriguing and somewhat questionable figures. For Hall, it was a chance to revel in his passion for horse racing.
Now the thing was, the victim of the robbery, William Bacon, had known Ben Hall personally and in his statement at Hall’s subsequent remand hearing, positively identifies Ben Hall as one of the assailants:
William Bacon, by his evidence, had nothing to gain or lose and knew Ben Hall well. Well enough to have positively identified him. Another eyewitness, Edward Horsenail, corroborated Bacon’s evidence and also claimed to have known Ben Hall on sight from many previous social occasions:
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| Forbes Annual Horse Racing results, April 22,23 and 24, 1862. N.L.A. |
The attendance was reputed to be large, but the gathering was not altogether free from the presence of notorious "sovereign-sellers," "urgers," "teardowns," "pluguglies," "pea and thimble" tricksters, and "go-getters?' of that day.
However, on the second day of the meeting 23rd April 1862, Ben Hall was arrested by Sir Frederick Pottinger: The Sydney Morning Herald Thursday 1 May 1862.
Benjamin Hall, described as a settler in the Wheogo district, was brought before the Court charged with highway robbery under arms.
Hall's arrest was from information received through the bullock-dray robbery victim William Bacon. (Benkin) Pottinger, who harboured suspicions regarding Hall and his associates, slapped Hall with handcuffs and presented him in court where Pottinger stated to the magistrate:
From information received I apprehended the prisoner on Wednesday last on the racecourse, charged with highway robbery, in company with others, on the road between the Lachlan and Lambing Flat”; It was noted that; "Ben Hall denied the charge.²⁶ (See article right)
On the day of the arrest an old-timer known as Old Ned in 1901 remarked on Hall's arrest and dress later republished in The Forbes Advocate Friday 5 June 1931:
It was at these races that Ben Hall, who was at that time looked upon as being in a fair way well to do, was first arrested for horse stealing or something of the kind. I remember he was dressed in knee-breeches and boots and wore a cabbage-tree hat, which were generally used at that time.
With Hall locked up it was reported of Ben's connection to Gardiner:
One of Gardner's band was arrested, mounted on a fine powerful brown horse, superior to anything belonging to the mounted force.
Note: At the Forbes race meeting one horse entered was called 'Don't You Know' a beautiful brown bay trained by Tom Higgins and reputedly owned by Frank Gardiner.
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| N.L.A. |
Prisoners opened a case of tobacco; the man supposed to be Gardner told prisoner to strap the tobacco and bottles of gin on the pack-horse, which he did; I was requested to help him, which I did; in doing so prisoner said to me, "You never saw me before," to which I replied that I had, and drank with him; they then ordered us to pack up and left us, prisoner leading the pack-horse away; I swear positively that the prisoner is the man; I cannot be mistaken - when he robbed the drays some chaff passed between us with respect to a woman I knew he was acquainted with.²⁷
I am driving for the last witness, I have been in his employ fully fifteen months; I know the prisoner-have seen him on several occasions; on Monday week last, as far as I can judge about ten o'clock, when about two or three miles from Green's, I noticed two men ride out of the bush, and cried out to Bacon, "Look out, Bill, here are the boys!" they came up and presented their revolvers, and ordered us into the bush, one kept near the dray I was driving, the other by the side of Bacon's dray; when a short distance off the road, two other men rode up, one the prisoner, leading a pack-horse on which there were two or three saddles; I can positively swear to the prisoner; the man we supposed to be Gardner then commenced to open the cases on the dray; prisoner stood by with a revolver in his hand; a case of gin was opened, and a bottle passed round for all hands to drink; prisoner and another left by order of the man supposed to be Gardner, and brought two other men from the road; prisoner, by order of the same man, searched my dray; he broke a case of tobacco open, and packed two bags containing tobacco and other things on a horse; they soon after left; I know prisoner; the last two trips we have made, on both occasions I saw him at the Pinnacle Station (Mrs. Feehiely's public house); I can positively swear to him; I cannot be mistaken." "Prisoner, who declined to say anything, was remanded until Saturday (this day) when he was again brought before the Court and committed for trial: bail refused.²⁸
Of all the drays in all the districts to rob. Ben Hall had to pick the one where they all knew him and knew him well!
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| Clerk of the Peace, Forbes, Depositions received an entry book for Ben Hall, 1862. Never before published. |
The Sydney Morning Herald
Thursday 1st May 1862
POLICE COURT.—APRIL 25TH.
Ben Hall's appearance at Forbes following his arrest.
The damning evidence against Ben Hall resulted in his detention, as he awaited transfer to Orange for trial, due to the absence of a Sessions Court in Forbes. Charged with 'Robbery Under Arms,' a conviction would likely mean a long prison sentence for Hall.
Forbes, a town teeming with thousands of residents and plagued by frequent criminal acts, sorely felt the absence of a higher court to handle serious offences. This deficiency became a major point of contention among the local population, as highlighted in a report by the 'Empire' on May 23, 1862. The town's frustration over this judicial shortfall was palpable as they awaited the resolution underscoring the critical need for a local Sessions Court.
Amongst our many wants perhaps none is more imperatively felt than that of a session court somewhere in the district. At present, we have to go to Orange, a distance of eighty miles.
Dragged by Sir Frederick Pottinger before the local magistrate. Ben Hall adamantly proclaimed his innocence, contending that he and his co-accused, John Youngman, had accidentally encountered the robbery in progress. Hall argued that the revolver found with him had been picked up earlier in the bush, and that Gardiner had unexpectedly approached them, ordering them to remain where they were. According to Hall, they both compiled, simply sitting on their horses without engaging in the criminal act.
However, a significant question emerged: why hadn't Gardiner also taken the opportunity to rob them, as he had with other unsuspecting individuals during the same incident? This discrepancy, combined with Hall's well-known association with Gardiner, heightened suspicions that Hall was not merely an innocent onlooker but was actively involved as Gardiner's accomplice. This was soon brought to light.
Prisoner and another left by order of the man supposed to be Gardner, and brought two other men from the road.
Given the substantial evidence, the portrayal of Ben Hall merely watching as individuals were robbed at gunpoint and coerced into handing over their valuables is particularly disturbing, transcending historical context. Hall and Youngman's failure to either intervene during the robbery or provide evidence about it later intensifies suspicions about their involvement, especially considering their known connections with Gardiner. The idea that the victims, many of whom knew Hall and Youngman personally, would fabricate evidence against them appears highly unlikely. Consequently, it seems evident that Hall was an active collaborator, deeply embedded in Gardiner’s circle.
This conclusion is reinforced by Hall’s inability to secure bail, reflecting the compelling nature of the case built against him, underscored by victim testimonies. The conditions in the cell where Hall was held highlight the inadequate infrastructure of the time, poorly suited to manage the influx of accused in Forbes. The detention facilities were easy to escape and hardly met the needs of the growing town. An 'Empire' article dated April 28th, 1862, starkly illustrates this scenario:
On mentioning our Government buildings in my last, I forgot to mention our lock-up; it is a log hut, about twenty by twelve feet, anything but secure.
The scant arrangements in the lockup created an environment for an easy escape, which occurred during the time of Hall's incarceration:
For a few nights ago, nine prisoners escaped by burrowing a hole under the logs with their knives; in the morning it was discovered that the birds had flown, and no one to go after them, our inspector and posse being on a wild goose chase after Gardiner, the bushranger." Those who shot through were named as "Richard Eady, John Lewis, James M'Grain, John Donovan, Sydney Reece, James Taylor, and David Fraser, and they had all been committed and sentenced for various offences. There must be some neglect somewhere.
However, Hall surprisingly never apprised the opportunity to join in the mass escape. Moreover, in the local paper, Hall's arrest was commented on:
Things are assuming a quiet aspect since Davis was captured, and Benjamin Hall committed for trial for robbing Mr Greig's team, on Friday last, by Sir F. Pottinger.
As Ben Hall languished in jail, his support network slowly crumbled. The friendships he once relied on began to fade, significantly affected by his notorious associations with figures like Gardiner, John Gilbert, and O'Meally. His April 1862 arrest marked a pivotal moment, as former loyalties and sympathies waned. Sir Frederick Pottinger, who frequently visited Sandy Creek to track down Gardiner and his crew, exacerbated Hall’s infamy. These visits, driven by suspicions of bushrangers being sheltered in the area, cast Hall as a collaborator with these criminals, tainting Sandy Creek’s reputation akin to notorious places like Arramagong and the Pinnacle.
Pottinger was convinced of Hall and Maguire’s criminal involvements. The inspector, holding a firm belief in the supremacy of justice, and bolstered by Bacon's compelling testimony, saw one of Gardiner’s affiliates finally imprisoned. For Pottinger, securing a conviction against Hall seemed imminent—a much-needed victory. However, Hall saw things differently. Having experienced Pottinger's aggressive approach during his arrest at the Easter Wowingragong race meeting, Hall, now behind bars in Forbes jail, directed his growing bitterness towards Pottinger, staunchly denying any wrongdoing.
In a move to further undermine Hall's reputation among his neighbours, Pottinger launched a public campaign to solidify Hall's image as a bushranger. He strategically placed a notice in the 'NSW Police Gazette', an action clearly aimed at reinforcing Hall’s criminal image and isolating him from any remaining supporters. This public declaration starkly labelled Hall as a bushranger, a step Pottinger hoped would sever Hall’s remaining social ties. The stark announcement appeared in the Gazette's edition of May 14, 1862.
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| NSW Police Gazette, 14th May 1862. |
The perplexity surrounding the Gazette notice arises from Pottinger's apparent deliberate exclusion of the alleged horse theft. Given the suspicions that the horse in Hall's possession was stolen, it raises questions why this charge wasn't added to the existing accusation of highway robbery, especially considering the severity of horse theft, comparable to Robbery Under Arms.
A potential reason for this omission might be Pottinger’s frustration with the continual dodging and shielding by those linked to Gardiner. Believing Hall to be a significant figure within Gardiner's circle, Pottinger might have viewed the public notice as a strategy to undermine Hall’s credibility among his peers and potentially gather critical information to further implicate Hall and his cohort. This approach was likely a calculated tactic reflecting Pottinger’s intent to break down Gardiner’s network.
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| Orange Courthouse, c. 1860's. Here Hall's trial took place on 19th May 1862. Hall had been transported to Orange under escort by Sgt Condell. Image courtesy NLA. |
Following this, a shackled Ben Hall, together with co-accused John Youngman, was escorted under heavy guard to Orange, New South Wales, for their trial. This unfolding drama was reported in the 'Lachlan Observer' dated April 25, 1862.
At the Lachlan police-court, John Thomas Youngman, was charged with having, in company with three other men (one of them supposed to have been the bushranger, Gardiner) robbed the dray of William Benkin on the road between Lambing flat and the Lachlan. From the evidence of the prosecutor and his assistant, it appeared that on the 14th April, they were on the road to Lambing Flat with the dray, when they were met by the prisoner, and three other men, one of whom they believed was Gardiner. The prisoner was riding a brown horse, and leading a grey one. The man supposed to be Gardiner handed fire-arms to the prisoner, who stood with them until Gardiner and his mates commenced to break open the goods on the dray. The robbers took clothing, tobacco, spirits, and other goods, and then went away. The prisoner was subsequently arrested by order of Sir F. Pottinger. The prisoner reserved his defence, and was committed to taking his trial at the ensuing quarter-sessions to be held at Orange, on Monday, the 19th May.
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| View overlooking the street from the Orange Courthouse. c. 1860's. Image courtesy NLA. |
During the last two or three days, Jackey Bullfrog became more resigned and attentive, The Rev. Thomas Sharps had also very frequently attended him, and notwithstanding the difficulties of the case, succeeded at length in convincing him of the existence of a Supreme Being, the certainty of a future state, and the necessity of seeking salvation through the redeemer; and being satisfied that he so far understood the leading doctrine of Christianity, the rite of baptism was administered yesterday morning. Exactly at nine o’clock the criminals, having been previously pinioned were led forth from their cells, and conducted towards the scaffold, accompanied by the Revs. Messrs. Sharpe and Hillyer, who read a portion of the funeral service as they proceeded. On reaching the foot of the gallows, the clergymen and the prisoners knelt dawn, and after prayer, in which Piesley appeared to engage very devoutly, the men ascended the scaffold. He (Piesley) concluded, by saying, "Goodbye gentlemen, and God bless you." The fatal rope was then adjusted, and the white caps being drawn over the faces of the culprits, at a signal from the acting sheriff the drop fell, and the two unfortunates were launched into eternity. Piesley did not appear to suffer much for long, but the poor blackfellow was for several minutes frightfully convulsed. After hanging the usual time, the bodies were cut down, and, being placed in coffins, were conveyed to their last resting place.
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| George Colquhoun. c. 1890. Penzig |
While detained in the cells of the Orange courthouse, Ben Hall received visits from his half-brother Thomas Wade and John Maguire. Maguire engaged solicitor George Colquhoun, who in turn appointed the renowned barrister Edward Lee to defend Hall.
Hall’s co-defendant, John Youngman, was also due to stand trial in Orange. The Crown Prosecutor, however, harboured doubts about the robustness of the evidence against Youngman, leading to his being granted bail. Youngman, lacking the personal resources for bail, relied on Maguire and another associate, Peter Murray, who posted £40 each for his release. Youngman seized this opportunity to flee, effectively erasing himself from the annals of bushranging history, leaving Maguire to absorb the financial hit.
With Youngman's escape, Hall's conviction appeared more likely. His trial commenced on Monday, May 19th, 1862. Hall displayed a stoic demeanour in the dock while Bill Bacon, a principal witness, testified to Hall's participation in the robbery, implicating him with Gardiner.
However, the trial took an unexpected turn when Ferguson, a driver employed by Bacon, contradicted his earlier deposition. Initially, he had identified Hall at the Forbes Court as one of the attackers, but at the Orange trial, he expressed doubts about Hall's involvement in the robbery, a development that stunned the courtroom.
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| Mr Mitchell's unvarnished letter. N.L.A. |
After reviewing the now dubious evidence, the jury deliberated briefly before returning a verdict of 'Not Guilty by Reasonable Doubt', swayed by the newly introduced uncertainty. There was widespread speculation among the NSW Police and court officials that Ferguson had been tampered with, possibly coerced or bribed by Maguire to change his testimony. Despite these suspicions, the lack of conclusive proof compelled the judge to dismiss the case.
Relieved by his unexpected acquittal, Hall, along with Tom Wade and Maguire, decided to indulge in a night of celebration in Orange. As they left the town in jubilant spirits, they encountered Bacon and Ferguson, an interaction that was undoubtedly charged with tension in light of the day’s proceedings. Maguire recalled departing orange after the court case:
About three miles along the road we overtook Bacon and Ferguson. As we bore them no malice, we entered into conversation with them, and we all rode together for 40 miles.
The verdict, however, ignited indignation in R.B. Mitchell, a court official in Forbes and the son of the famous explorer and Surveyor-General of NSW, Sir Thomas Mitchell. Disturbed by Hall's acquittal, Mitchell composed a vehement letter, condemning what he saw as a blatant miscarriage of justice. His intense feelings about the case persisted up to the time of Hall's death, during which he seized the moment to voice his ongoing displeasure with the outcome of the trial. (See article right, a must-read. Open link in new tab to enlarge.)
Author's Note: Over the decades, from the 19th through the 21st century, there has been a continuous attempt by some authors to minimise or negate Ben Hall's involvement in criminal activities. These accounts often suggest that Hall's presence at various crime scenes was merely coincidental. A specific cadre of sympathisers has endeavoured to revise history, disputing the veracity of eyewitness accounts and official records that detail Hall’s illegal actions.
This trend is exemplified by an article from the 'Scone Advocate' in 1934, which posits that Hall’s arrest for the Bacon robbery was largely prompted by the fears of James Taylor and Bridget Hall. This narrative aligns with other publications post-Hall's demise that depict him as a conflicted individual, tormented by his previous actions. Yet, it remains unclear exactly what haunted him. Was it the ghost of Mrs. Hall? The adage "if you lie down with dogs, you get up with fleas" aptly describes Hall's life, challenging portrayals of him as a benevolent, honest man in his interactions with fellow settlers.
Undoubtedly dramatic sympathy to justify the unjustifiable, as the 'Scone Advocate' attempts to portray; "but the wrong which Taylor had done did not rest there. Whether on his own initiative or at the instigation of the fly-by-night wife, is not known. Possibly it was a mutual, conspiracy born of fear, to get the outraged husband out of the way lest he might follow the traitorous pair and be avenged. In any case, Taylor supplied spurious information to the police at Forbes, implicating Ben Hall, in a recent bushranging exploit.
Soon after came the Easter meeting at the Wowingragong racecourse, out from Forbes, and it was here that Sir Frederick Pottinger, Bart., head of the police district centered on Forbes, decided to act on the false information secretly supplied by the traitorous Taylor, and in the full publicity of the race assemblage, he arrested Ben Hall on a charge of highway robbery underarms. The meeting was amazed, left breathless, as the news raced about the course. It was impossible — that decent, likeable, well-respected young fellow charged with bushranging.
This amazement was one of the surest indications of his innocence Bushranging was so woven into the social fabric of the district and the period, and its practitioners had so many sympathisers, assistants, bush telegraphs, and such, while so many, others not actually concerned were passively acquiescent of these activities, that it would have been impossible for Ben Hall to take any part without the fact being generally known. His arrest created much indignation and served to deepen the conspiracy of silence which constituted such a barrier between the police on one side and the bushrangers and citizenry on the other. It served also to increase the contempt in which the police were then held."
The practice of offering incentives to witnesses to change their
testimonies was relatively common among the poorly paid workers and
carters of that era. For instance, a sum of £50, which could
considerably extend a worker’s means, is purported to have been the
amount John Maguire paid to Ferguson to alter his statement.
Unfortunately, the transcript of the Orange court proceedings no longer
exists. However, it is generally believed that William Bacon, a
respected businessman who also testified, stood to gain nothing and risk
losing much from his involvement. As he reportedly declared during the
initial hearing:
I swear positively that the prisoner (Hall) is the man; I cannot be mistaken-when he robbed the drays some chaff passed between us with respect to a woman I knew he was acquainted with; my loading was for Mr. Greig, storekeeper on these diggings, for whom I have carried, almost exclusively, more than fourteen months; I have not yet been paid for the loading.
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R.B. Mitchell
c. 1882. Courtesy Penzig Collection. |
On assisting Ben in his trouble, I did so believing him innocent of any crime. It cost me a tidy sum; and, moreover, was a bad day for me, as I left the impression with the police that I had tampered with witnesses.
Despite Hall’s acquittal, the trial's aftermath continued to stir controversy. Maguire claimed to have overheard a conversation between the presiding judge, Mr. Casey, and their defence counsel, Mr. Lee, in which Judge Casey admitted his personal belief in Hall's guilt, despite the jury's verdict. This revelation was startling, casting further doubt on the integrity of the trial and suggesting that the outcome was influenced by underhanded tactics, including the alleged financial corruption of a witness.
After the court was cleared the judge and our counsel, Mr Lee, were walking to the hotel to dinner. I was just behind them. I heard the judge say that he believed Hall was guilty. Mr Lee said, "I was paid well to defend him, and I did so, by getting him off." "The judge replied, "Mr Lee, it was not you that did it — it was done outside." "Next morning our party rode home jubilant—all but Ben Hall, who had celebrated the victory by getting immovably drunk. Ben Hall, and Tom Wade (Ben's half-brother) left for Forbes.
Next day Gardiner called Ben, and expressed regret that Ben had got into trouble through him.
Hall shrugged it off in reply, stated:
Next time they take me they'll have something to take me for.
Following their meeting, Maguire noted that:
From that out, Ben and Gardiner were often together.
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Sydney Telegraph Office
c. 1862.Image courtesy NLA. |
Maguire's claim that Hall was innocent and had received an apology from Gardiner sharply contradicts the established record of Hall's participation in the Bacon Robbery and his other criminal activities. However, for Hall, the threat of legal repercussions hadn't disappeared but was merely lurking, ready to resurface in the near future. As Ben Hall's ties with Gardiner deepened, a flood of reports, news, and rumours about hold-ups started to infiltrate public awareness from all societal corners, amplified by the advent of the electric telegraph. This revolutionary technology enabled instant communication, increasing both the quantity and diversity of reported crimes, and elevating Gardiner and his gang to a level of infamy previously unseen.
The rapid dissemination of their exploits captured the public's imagination, turning these bushrangers into celebrities of the 1860s. Stories of their daring actions enthralled the public, influencing children to mimic their antics in play and bestowing upon them a near-mythical status.
Meanwhile, in Sydney's political circles, the continuous wave of criminality that had surged with the gold rush presented a significant challenge. The brazenness of the bushrangers started to alarm the authorities, sparking a pressing need to tackle the growing disorder and uphold law and order in the expanding society.
There is scarcely a nook of the colony which has any population that does not possess its press. The wires make us acquainted with every outrage committed on the great lines of communication almost as soon as it has happened. The various stages of prosecution cause a repetition of the same facts in different phraseology; and thus, a single crime becomes multiplied to the imagination of the reader, who loses the clue of identity, and takes every repetition as a now incident.³¹
Despite returning to his Sandy Creek operation and welcoming new love into his life, Ben Hall's recent close brush with the law had done little to deter him from his path of criminality. In fact, within weeks, Hall would find himself conspiring to commit one of the most audacious crimes in Australian colonial history — the robbery of the 'Forbes Gold Escort'.
Gold, it has been said, is at the root of all evil. Dating back to the days of the Egyptian Pharaohs some 5,000 years ago, gold has been synonymous with power and prestige. It has been the makings of kings and queens, and has offered even the poorest the potential for instant, life-changing wealth. In the Australian colonies, this coveted precious metal not only upset the societal status quo, but also transformed countless humble stockmen and farmers into overnight millionaires.
In its wake, the allure of gold sparked an immigration boom. From the Americas to Europe and China, tens of thousands flocked to Australia, eager to stake their claim in the golden opportunity. Ships arrived in thousands, with them the hopes and dreams of countless fortune seekers adding to the burgeoning population of a colony not quite 74 yrs old. It was a time that irrevocably altered the landscape of the Australia. The influx now lay at the feet of Ben Hall and the wealth associated with feeding the droves of new citizens pouring into the Lachlan from his herd.
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A NSW mounted gold
escort preparing to depart. Image courtesy NLA. |
In this milieu Hall's new acquaintance by 1861, was in love. Frank Gardiner began to have thoughts of abandoning his life of crime. The daily loot of cash, jewellery, and gold he stripped from his unfortunate victims no longer seemed to satisfy his needs. The constant challenge of living rough was becoming increasingly unbearable, and even his safe havens as in Catherine Brown's home were fraught with danger and the growing monotony of life with a six gun, not to mention the escalating costs fanned the idea of a great haul, a one off.
However, with the constant threat of betrayal and the NSW police on his shoulder, Gardiner's audacious exploits garnered him notoriety and regular coverage in the press. Such publicity, while bolstering his infamous reputation, also provided the police with valuable leads for his capture. Gardiner's ability to elude the authorities was indeed bewildering. He even went so far as to pen letters to newspapers, boldly highlighting his knack for moving freely among the police undetected.
Three of your troopers were at a house the other night and got drinking and gambling till all hours. I came there towards morning when all was silent. The first room that I went into I found revolvers and carbines to any amount, but seeing none as good as my own, left them. I then went out, and in the verandah found the troopers sound asleep. Satisfying myself that neither Battye nor Pottinger were there, I left them as I found them, in the arms of Morpheus.
In light of this, the monotonous routine of profitless robberies, where after paying off those who sheltered him, drove Gardiner to concoct a plan. His goal was to secure a substantial fortune in gold, grabbing the financial foundation he desired to start anew with his beloved Catherine Brown. This fresh life he envisaged was far removed from the watchful eyes and familiar haunts of the Lachlan region.
With audacity Frank set into motion plans to orchestrate an audacious heist of Her Majesties Royal Mail Escort. Over several months, he had been observing the movements of the gold escorts in and around the Forbes and Lambing Flat goldfields. He noted their routes, departure times, and the amount of gold each coach carried. His task was facilitated by the fact that these details were often published in the local newspapers.
Gardiner may have been inspired by a daring and highly publicised robbery in Victoria back in 1853. A private gold escort, heavily guarded by the Victorian police and transporting gold from the McIvor diggings to Bendigo, was ambushed and robbed by a gang of six men. Splitting into two groups, one attacked the police while the other seized the gold. In the ensuing action, four police officers were wounded. The event created quite a sensation. The gang managed to escape with over 2,300 ounces of gold and £800 in cash.
Meanwhile, as Gardiner was gathering information for his heist, the local newspapers he had been reading began to express serious concerns about the inadequate police protection afforded to the escorts. On 30th January 1862, the 'Western Examiner' voiced its worries:
Fully aware of the concerns raised by the 'Western Examiner', Frank Gardiner was emboldened. He knew that the limited police guard could easily be overwhelmed, and this gave him the confidence to finalise the details of his audacious plan. John Maguire, a close associate who witnessed the events both before and after the heist, vividly recalls Gardiner's ambitious scheme:
All Gardiner needed now was the perfect location to stage his ambush on the gold escort. In response to this need, new accomplice Ben Hall proposed the ideal spot following discussions about various potential locations. The area needed to be relatively deserted, away from the well-trodden path between Lambing Flat and Forbes. Ben suggested the Eugowra Rocks, a vast landscape scattered with large granite rocks and boulders flanking the road that the escort would traverse between Forbes and Orange. Ben's familiarity with this particular area stemmed from his numerous trips there with his close friend, Daniel Charters. This proposed location had also been part of a conversation including Maguire, as recounted by Tom Richards:
Bill Hall, Ben's elder brother, presented a candid account of the pre-planning activities and eventual departure for the Eugowra Rocks in a series of interviews conducted by Jack Bradshaw in 1912 for 'Frank Gardiner, Ben Hall & Gang.' Bill did not hold back any details regarding the events, thereby dispelling any speculations that Ben was not an active and enthusiastic participant in Gardiner's schemes. These assertions countered any insinuations that Ben Hall was somehow forcibly dragged into Gardiner's criminal activities. It became abundantly clear through these accounts that Ben Hall was deeply entrenched in the bushranging lifestyle.
In the meanwhile, as the bushrangers set off for Eugowra, preparations were underway in Forbes on the morning of June 15th, 1862, for the Escort coach to embark on its ill-fated journey. Typically, Sergeant McClure would be in charge of overseeing the Escort; however, in this instance, temporary command was handed to Sergeant Condell. Condell was slated to travel to Sydney for drill instruction, marking his transition from the foot police to the mounted force. Thus, the stage was set for a sequence of events that would be etched in the annals of colonial history.
What's more, before the coach arrived at Eugowra on that fateful Sunday afternoon, it was reported that:
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| S.M.H. 8th May 1862. |
Gardiner may have been inspired by a daring and highly publicised robbery in Victoria back in 1853. A private gold escort, heavily guarded by the Victorian police and transporting gold from the McIvor diggings to Bendigo, was ambushed and robbed by a gang of six men. Splitting into two groups, one attacked the police while the other seized the gold. In the ensuing action, four police officers were wounded. The event created quite a sensation. The gang managed to escape with over 2,300 ounces of gold and £800 in cash.
Meanwhile, as Gardiner was gathering information for his heist, the local newspapers he had been reading began to express serious concerns about the inadequate police protection afforded to the escorts. On 30th January 1862, the 'Western Examiner' voiced its worries:
Lachlan escort has, for some time, past, formed a subject of comment here. It consists of four men only, and as if to facilitate their destruction by any gang of ruffians that may take it in their heads to "stick them up," they are cooped up, two in a row, in the vehicle containing the gold. It is pretty generally admitted that our whole escort system is faulty. The men should be mounted in order to be effective in an emergency. Under the present system what would be easier than for half a dozen determined fellows-of which there are numbers on the Lachlan-to fell a tree, and when the coach had pulled up, to fire into the escort, the robbers all the time undercover. Such things have occurred in these colonies since the discovery of gold and may occur again. It certainly shows a want of prudence on the part of the authorities to do things in this half-and-half way. What possible effective resistance could four armed men, cooped up in a coach, and placed in a row to be shot at, offer to the same number, undercover none whatever. On full consideration, it appears little short of recklessly jeopardising the lives of public servants, and indirectly holding out a premium to the gang of marauders who have so long infested these districts, to continue the present system.
Fully aware of the concerns raised by the 'Western Examiner', Frank Gardiner was emboldened. He knew that the limited police guard could easily be overwhelmed, and this gave him the confidence to finalise the details of his audacious plan. John Maguire, a close associate who witnessed the events both before and after the heist, vividly recalls Gardiner's ambitious scheme:
It was with Gardiner that the idea of taking the escort originated and took a fortnight to prepare for the attack. For some months before Gilbert and O'Meally were Gardiner's constant companions, and they had been talking about it together. They were getting full of the petty bailing-up business, and wanted to make a grand haul and then quit the country.
I was speaking to Maguire about the escort some two weeks previous at Forbes; he said what a good place the "Rocks" would be to stick up the escort.
With the location secured, Gardiner then set about gathering a team of willing accomplices. It was not a challenging task for Gardiner; the promise of abundant riches was a powerful motivator. Under Gardiner's leadership, he managed to assemble a team of seven men: John Gilbert, John O'Meally, Daniel Charters, Alex Fordyce, John Bow, Henry Manns, and Ben Hall. The final stages of preparation for the audacious assault were then set in motion and meticulously executed over several weeks. The gang would often meet at the homes of John Maguire and Ben Hall at the Sandy Creek station, with some members even setting up camp in the paddocks surrounding the station's homes.
Evidence which went to show that Maguire's house was the rendezvous of Gardiner and his gang, where the attack on the escort was planned.
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| William Hall. c. 1910. (Penzig) |
Ben Hall knew the place well and had a good knowledge of the surrounding country. He was also appointed pilot. Ben Hall was likewise chosen to go into Forbes and inquire particulars as to the escort. Hall found out that the escort would be leaving Forbes on Sunday. Word was passed around for another meeting on the Friday before. True to their promise, the lot turned up on that day. After receiving instructions on how to act, they rode away, and camped that night near Mrs Feeley’s pub.
The stage for the audacious armed robbery was set a mere three miles northeast of the quaint hamlet of Eugowra, about 25 miles from Forbes, planned for the late afternoon of Sunday, June 15, 1862. During this planning phase, the deep-seated friendship between Dan Charters and Ben Hall seemingly enticed Charters into this daring scheme, a chance for a quick ascent to riches. Moreover, they needed crucial information and necessary equipment. Bill Hall shed light on Charter's eagerness to participate and shared how his brother Ben, along with Charters, journeyed to Forbes to secure the required supplies for the venture.
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| Daniel Charters. c. 1862. Courtesy Mrs Fred Wells (Coloured by Author) |
When spoken to about it Charters said, “I am your Moses. A really good thing. To miss such a buss as this would cause me a shock in the stuffing of life.” “We knew this, old hoss, and that is why we called on you. Come over to us to-night. You and Ben Hall are required to go for the necessary equipment.” “I will do anything, lads, for my share of such a beautiful haul." Charters came to the camp and willingly agreed to do everything proposed to him. He and Hall started out the next morning for everything required and returned with six double-barrelled muzzle-loading guns, and moulds for making bullets. They also brought back with them black crape for making masks and other articles for disguise. After having dinner Hall and Charters went over to Jack Healey’s, where lived a young lad of 19 Henry Manns, and Charters persuaded him to join them also. At about 3 o’clock in the afternoon Ben Hall, Charters, and Manns joined the rest of the band.
Next Gardiner then:
Spoke to Charters and said: "Now, go and lead us through the bush to Eugowra and keep off the roads; if there are any fences we will chop them down. Charters knew every inch of the country and had never been away from it for a day, and took the party to a creek near Mr Clements station at Eugowra rocks. On Sunday morning, the gang crossed the creek and reached the Eugowra mountain, where the attack on the escort was to be made.
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| Foreground view of Escort Rock as Fagan would have seen on approach, 2013. My photo. |
The escort left Forbes on Sunday morning, under the immediate charge of sergeant Condell, seated on the box alongside the driver, Mr Fagan; the remainder of the escort, three men, were seated in the body of the coach; their names, were senior constable Moran, constable Haviland, and another constable, Rafferty a stranger on the escort. The treasure consisted of 2719 ounces of gold, and £3700 in cash; there were also the usual mails, which were heavy. The escort proceeded on its way without any unusual occurrence to warn them of impending danger; at about half-past 4 o'clock, on arriving at Coobong, a distance of 27 miles from Forbes, and immediately in the vicinity of Mr Clement's station, two teams were observed in the roadway, no uncommon circumstance. As the coach drew near, it became evident there was but one passage, and that between the obstructing teams, and a mass of broken, perpendicular rocks, overhanging the narrow passage; the peculiarity of the situation never for a moment excited suspicion, but the driver brought his horses into a walk, in order to steer between the drays and the rocks.³²
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View from behind
Eugowra Rock
as the coach
approached the hidden
bushrangers, 2013.
My photo.
|
Gardiner hid his men behind some large rocks by the roadside, having first forced a number of carriers to block up the road with their wagons. The long-expected coach came in sight. "Make way for the Royal mail," cried the driver John Fagan, as he noticed the teams on the road. There was no answer, and again he repeated the order. There was no answer but the echo of his voice.³³
As the echo of Fagan's voice faded, the crack of gunfire suddenly followed by a barrage of bullets splintering the coach's timbre wounding some unsuspecting police officers, including Sergeant Condell. The rapid-fire startled the horses, which bolted, flipping over the gold coach. The escorting troopers outgunned and, under intense fire, managed to retreat into the nearby scrub, where they covered the short distance to Mr Hanbury Clement's farm. Clement's had heard the gunfire and was in the process of investigating as the armed robbers Gardiner, Hall and company quickly descended on and ransacked the coach, clearing out with over £14,000 worth of gold and cash. Roughly $6,662,500 in today’s value. (Spot Gold 2020 $2,438.64 per ounce Aud)
The result of the successful attack and raking gunfire, Sgt Condell was shot in the ribs explains:
Upon encountering Hanbury Clements and his brother William, who were making their way towards the scene of the crime, the grazier assisted the injured police, who had managed to emerge from the bush. They were escorted to Clements' homestead, where they received immediate first aid. Following this, Hanbury embarked on a 25-mile ride to Forbes, the objective of his journey being to “carry intelligence of the affair”.
When word of the audacious heist reached the public, the entire colony was left in a state of shock. Instantaneously, Frank Gardiner became an infamous figure, his notoriety spreading far and wide. His daring act had not just stolen gold, but had also brazenly challenged the existing law and order, leaving an indelible mark on the narrative of colonial Australia. 'Sydney Morning Herald', Saturday 21st June 1862:
Upon reaching Forbes, Hanbury Clements delivered the alarming news to a dumbfounded Sir Frederick Pottinger. The message had travelled twenty-seven miles through the night, a journey Clements had accomplished in three hours. With haste, Pottinger rallied his forces, assembling at Clement's residence by 6 a.m. on Monday, 16th. Accompanying him were eleven troopers, twenty settlers, and two black trackers - a formidable posse by any standard.
As they made their way to Clement's, they encountered the draymen who had witnessed the incident. Pottinger questioned them in detail, attempting to piece together the sequence of events that had led to one of the most audacious robberies of the era.
Upon his arrival at Clements' Eugowra Station, Pottinger wasted no time gathering the details of the audacious heist, ensuring a thorough account of events. He attended to the injured troopers, verifying their conditions before embarking on his primary objective. Armed with the necessary details, Pottinger unleashed his trackers, keenly setting them onto the bushrangers' trail. Thus began the daunting task of pursuing the notorious outlaws, fuelled by a determination to restore order and justice to the colony.
In the aftermath of the skirmish, under Sir Frederick Pottinger's direction, the bullet-ridden escort coach resumed its journey the following day. Navigating through the tumultuous scene, the battered coach finally reached Orange by 7 pm on Monday, tracing its path up Summer Street towards the Post Office. The weary passengers, Driver John Fagan, Sgt Condell, Constables Moran and Haviland, Mr. Boynton (manager of the involved coach company, Ford & Co.), along with Ellen Chandler, her servant, and her child, disembarked at the Post Office, leaving the undamaged mail behind.
Having deposited the mail, they proceeded towards Dalton's Inn, located on Byng St. However, as the coach creaked forward, the startling echo of a gunshot cut through the air. The sound sent a ripple of panic through the gathering dusk. Inside the coach, Constable Haviland lay lifeless, the victim of an accidental discharge from Constable Moran's revolver. In the confusion of the earlier confrontation with the bushrangers, the weapon had slipped from Moran's grasp and had lain unnoticed beneath Haviland's seat. The unintentional discharge brought a sudden and tragic end to the constable's life.
According to the doctor's hypothesis, it appeared that Haviland had stooped down to retrieve the pistol after the delivery of the mail bags, which led to the tragic discharge of the weapon.
In the wake of this tragedy, an inquest was convened at the O'Connell Inn by Coroner Mr John Templer. After deliberation and consideration of the evidence, the verdict stated that Haviland had "died from a wound inflicted by a bullet, the intent or cause of which remained unknown." Consequently, William Haviland's passing marked a grim milestone as the first fatality among the ranks of the recently formed and restructured NSW Police Force while on active duty. His untimely death added a sorrowful twist to the narrative of these turbulent times, it was noted:
In the aftermath of the robbery, the drivers of the bullock drays, tasked by Gardiner to obstruct the road and impede the progress of the coach, finally arrived in Forbes. Their arrival sparked a wave of excitement and speculation about the dramatic events. Among them, likely Dick Bloomfield, provided a firsthand account of the extraordinary calamity. His narrative would serve as a poignant testament to the audacity of the crime and the audacious individuals who executed it.
Intriguingly, at the subsequent trial of the apprehended escort robbers in February 1863, the dray operators were never summoned as witnesses by either the defence or prosecution. Their testimony could have been pivotal in possibly saving the life of the convicted Henry Manns.
As the law enforcement continued their pursuit and the gang dispersed, Hanbury Clement penned a letter to a friend in Bathurst, providing a vivid account of the robbery and its repercussions. He commended Sergeant Condell for his level-headedness during the assault. Notably, Clements emphasised that three bullock teams obstructed the road, and the only member not masked was Frank Gardiner. Impressively, one of the guards managed to traverse the twenty-five miles back to Forbes through the wilderness. This excerpt from a letter received by a gentleman in Bathurst was published in the Free Press on June 24, 1862:
Interestingly, another direct witness to the infamous event was George Burgess, who was merely a thirteen-year-old boy at the time. Burgess is the sole person, apart from the law enforcement officers involved, to recount a detailed narrative of the happenings that fateful day at Eugowra in June 1862. Curiously, despite his firsthand knowledge, George was never summoned to give evidence. Here's a glimpse into the tale told by George Burgess:
There were about seven of us in all, including a swagman. In about 20 minutes’ time along came the gold escort of four horses, and manned by four police. A strange thing, two mounted troopers were a few miles ahead of the escort, and never knew, that it was stuck up until they reached Orange. When the escort came up against the barricaded road, about seven bushrangers, who were concealed behind the rocks, rushed out and fired a volley at the coach, saying "bail up". The shots frightened the horses, and they became frantic. Jack Fagan, the driver, jumped off his seat and tried to steady them, but they did not go 20 yards before the coach was upset, and all was confusion in a few minutes, all the occupants scampering through the scrub in the direction of Eugowra station, then owned by a Mr. Clements, who, after attending to the wounds of his visitors, galloped to Forbes to inform the police. In very quick time the coach was, rifled, the gold: — about 5000 ounces was packed on the coach horses, and when everything was in readiness one of the bushrangers came over to us, took our blindfolds off, broke open a case of grog from one of the teams, and gave us a drink and £1 each. With my £1, I ate lollies continuously for about two weeks. As we pushed our way on towards Eugowra we saw the bushrangers pass over the mountains, in the direction of the Weddin Ranges. In due course, we reached Forbes, a huge canvas town of nearly 30,000- people.⁴¹
Authors Note: George Burgess died on 12th June 1945; GEO. BURGESS PASSES AT 96. WITNESSED FAMOUS GOLD HOLD-UP; -"Molong 's oldest identity in the person of Mr George Burgess, of Hospital Hill, passed away on Tuesday night, at the grand old- age of 96 years and 4 months. Born at Bathurst in 1849, he came to Molong in 1860 and has resided here almost continuously for 85 years. The late Mr Burgess worked for years at shearing and other bush work. When the late John Black opened his flour mill in 1876, he was an engine driver for over 25 years. He then conducted a bakery business in Bank Street for many years until he retired. His wife predeceased him some years ago, and he is survived by two sons, George (Wellington), Alfred (Sydney), and one daughter, Miss Annie, who nursed him to the end with the fortitude and patience of a saint. The other daughter Jessie (Mrs Rodgers), is deceased. Three brothers survive — Harry (Manildra, 85), Frank (Manildra, 82), James (Parkes, 80). Unlike most old people, Mr Burgess' mind was as vivid and as clear as any man of 30 years of age. George Burgess was the only living individual who witnessed the greatest gold robbery in Australia—the Eugowra Escort Robbery in June 1862."⁴²
The colonial populace was shocked, and the press was astounded at the apparent ease of the heist. They vehemently criticised the Cowper Government, pointing out its failure to contain the escalating lawlessness that was infiltrating larger parts of NSW, particularly the Western Districts. As a result, the NSW Police faced intense scrutiny and pressure. The press, sensing a potential political scandal, were demanding immediate arrests.
Fortunately for the beleaguered police, they were able to claim a small victory within days of the robbery when Sgt Charles Sanderson, accompanied by Senior Constables Armour and Burke, Constables Powell and Westhead, and the tracker Charlie, discovered the gang's hideout. Located atop Wheogo Hill, some 32 miles from Forbes and 60 miles from Eugowra, the hideout was strikingly close to Ben Hall's dwelling.
Sanderson's determination to head straight for Ben Hall's residence clearly indicated that the police harboured suspicions about Hall's alleged connections to bushranging activities. However, when they arrived, Hall was absent, presumed to be a short distance away atop Wheogo Hill, presumably counting his ill-gotten gains.
Sanderson's track record as a diligent trooper was invaluable to the Forbes police at this time. He had proven his mettle during the Chinese riots at Lambing Flat in 1861, serving as a right-hand man to Captain Zouch. His commitment to maintaining law and order contrasted starkly with the behaviour of others who were quick to abandon their duties in pursuit of instant wealth at the goldfields. Nonetheless, despite these challenging times, dedicated men like Charles Sanderson were emerging as stalwarts, forming the backbone of the police's efforts to combat the rampant crime wave.
After the audacious act, the gang retreated to their hidden sanctuary atop Wheogo Hill, skilfully covering their tracks from Eugowra. Daniel Charters, who would later testify in court, shed light on how the spoils of their daring exploit were divided. He revealed that, even before the robbery, Gardiner had stashed weighing scales and necessary supplies at the hideout on the hill, anticipating their triumphant return.
The newspaper continues:
Under the leadership of Sgt Sanderson, the police were instantly intrigued upon spotting a rider abruptly turn and gallop away. This sparked a heated pursuit, with the police hot on the tail of a man believed to be either Charters or possibly Johnny Walsh. In their frenzied chase, the police reached the foot of Wheogo Hill, watching as their quarry ascended the crest. Charters would later give his account of this nerve-racking event, describing how the looming approach of the police caused a panic that resulted in the loss of the pack-horse carrying the stolen gold.
As the years passed and the evidence surrounding the chase from Ben Hall's residence grew murkier, a strong consensus emerged that Johnny Walsh was the rider whom Sanderson pursued.
Upon his retirement in 1903, Charles Sanderson reflected on his search for the gang, recounting his actions independent of Sir Frederick Pottinger. He detailed his decision to head for Hall's home and his ultimate success in securing the packhorse. His account, published in 'Old Times' in May 1903, provides an intriguing perspective on these dramatic events.
The success of the troopers was reported extensively in contemporary newspapers, vividly capturing the jubilation of the estimated crowd of 3000 who eagerly anticipated news of their pursuit. When the troopers triumphantly returned to Forbes with the recovered treasure, the town was thrown into a state of delight. Particularly noted was the merriment of the tracker, Charlie, who was instrumental in leading Sgt Sanderson to this significant victory. The concept of the bush telegraph once again came to the fore, suggesting that the elusive rider was indeed Johnny Walsh. The troopers' triumphant procession through the jubilant crowds was a testament to their victory and the relief that washed over the town of Forbes.
Sir Frederick Pottinger's success, however, proved elusive. After dividing his tracking teams, he led his group south, journeying as far as Hay, some 225 miles from Eugowra, without so much as a trace of the suspected bushrangers. Pottinger held the belief that the robbers had come from Victoria. While he spotted signs of riders heading towards the Victorian border, he discerned they were not the men he was pursuing. Upon reaching Hay without the slightest indication of the bushrangers' presence, Pottinger decided it was time to return to Forbes. A despondent Pottinger, accompanied by Detective Lyons, civilian court official Mr Mitchell, and a tracker, Billy Dargin all recuperated, embarked on the lengthy journey back to Forbes.
In a wild burst of adrenaline, Gilbert tore through the scrub, embarking on a legendary round trip of 120 miles to the Weddin Mountains. His mission was to rally a rescue team for his arrested comrades, a team suspected to include John O'Meally, Patsy Daley, Ben Hall, and an unidentified man. During the chaotic rescue operation, Ben Hall, who harboured a notorious and overt resentment towards Pottinger, is believed to have crossed words with the policeman. The one who levelled the verbal assault was described as the 'well-built, bearded buccaneer', according to the 'Sydney Mail' on Saturday, 26th July 1862.
Post the encounter with Gilbert, Sir Frederick Pottinger harboured deep suspicions regarding those involved in both his near-assassination at Merool and the incident at Eugowra. He linked the dots, realising the proximity of Gardiner's discovery at Wheogo Hill to Hall and Maguire's residences. Unfazed, the inspector returned to Forbes and began a series of arrests aimed at those known associates of Frank Gardiner. Therefore, owing to the infamous Bacon dray affair and Hall's prior misadventures in Forbes, coupled with the heated exchange during the Merool gunfight, Ben Hall was the first person Pottinger set his sights on.
Six weeks after the Eugowra robbery, on the 27th of July, 1862, Ben Hall was taken into custody along with his brother William Hall, his brothers-in-law John Brown (husband of Catherine Brown), John Maguire, and his close friend Daniel Charters. They were all apprehended at Sandy Creek. Pottinger had received reliable information regarding these men's knowledge and involvement in the events at Eugowra. The informant was Maguire's friend Tom Richards, who later served as a voluntary crown witness during the Escort Trials. Richards had been present during the planning stages of the Eugowra robbery at Maguire's. The enticing £1000 reward provided ample motivation to reveal the secrets and ensure his safety. Furthermore, it became clear that Bill Hall was also fully aware of the events surrounding Eugowra. His detailed recounting of the events to Jack Bradshaw revealed his complete knowledge of his brother's guilt. Indeed, Bill Hall was privy to everything.
John Maguire (who was blind in his right eye) gives an eyewitness account in his memoirs, 'The Biography of a Reliable Old Native', of the happenings on their arrest:
Under the looming spectre of execution, the five chained men were confined to the Forbes lock-up, where they were brought before a judge and held in remand week after week. As they boded their time in the grim confines of the jail, Maguire observed Ben Hall and Daniel Charters frequently engaged in intense, private discussions.
Daniel Charters was granted bail, with two guarantors each pledging £250 and his own promise of £500, to ensure his presence when summoned. During their time in remand, Maguire was privy to Hall confessing his involvement in the events at Eugowra.
Daniel Charters was granted bail, with two guarantors each pledging £250 and his own promise of £500, to ensure his presence when summoned. During their time in remand, Maguire was privy to Hall confessing his involvement in the events at Eugowra.
Subsequently, under the intense persuasion of his dedicated sisters, Charters decided to turn state's evidence in hope of securing the full pardon that was on offer. He revealed the identities of those involved in the gold robbery but conspicuously failed to implicate his close friend Ben Hall and the tempestuous John O'Meally. In the course of time, however, it was exposed that Charters had indeed committed perjury regarding the involvement of Ben and Jack O'Meally at Eugowra.
In what was becoming a Hall criminal tradition, as Ben Hall was released on bail in Forbes, his younger brother Robert was sentenced to six months gaol at Maitland for 'Illegally working two Bullocks'.
Several months after Hall's emancipation from the Forbes prison, a 'Special Criminal Commission' was assembled, primarily targeting the infamous Escort Robbery of June 1862 but also investigating broader bushranging activities. The commission was initiated in February 1863 and took place at the Sydney Criminal Court in Darlinghurst.
In the course of the trial of the four accused individuals — Bow, Fordyce, Manns, and Maguire — in connection with the Escort Robbery, Sgt Sanderson, the much-celebrated hero of Wheogo, was summoned to testify about his commendable endeavours in recapturing half of the stolen loot. Sanderson shed light on the scene at Gardiner's camp on Wheogo Hill, a location which was only a mile's ride away from the residences of Ben Hall and Maguire at Sandy Creek Station and near Wheogo Station.
Rising to an elevation of 430 meters, Wheogo Hill provided a panoramic vista of the surrounding areas. Sanderson, in his testimony, vividly portrayed the spectacle that awaited them at the bushrangers' camp after their spirited chase of a suspected Daniel Charters from Hall's home to the summit of Wheogo Hill.
In the meantime, as Ben was detained at Forbes, events were unfolding that would perpetually alter the trajectory of his tempestuous life. His reputation within his local community, who had long perceived the grazier as a man of integrity and a good-natured comrade, began to falter. Hall's image had indeed been tarnished by his recent arrests and his documented associations with Gardiner. This change in public perception became evident from late-1862 onwards.
Subsequent to these changes, Wilson moved into the station, making his residence in what had formerly been Maguire's home. It was also reported that Bill Hall relocated Elen Maguire from Thomas Richards' home in Forbes to the Harp of Erin Hotel, most likely at Maguire's behest. Recounting these occurrences, Richards stated:
Despite the seemingly small debt, its existence is perplexing when one considers that the total yearly rent for the property was a mere £5 10s, along with a twenty-pound assessment. Both Hall and Maguire had enough livestock for sale to cover these expenses, even if they had to procure additional stock. Despite a drought in late 1861 and early 1862, an occurrence not uncommon in the area, there was no evidence to suggest it significantly affected their cash flow. And this doesn't even account for the proceeds from the gold robbery.
With the sale of beef to the nearby goldfields of Forbes and Lambing Flat, a mere forty-five miles away, their income was readily supplemented. This is corroborated by Charters' statement at the Special Commission that he and Hall were rounding up cattle for market when Pottinger made his unexpected appearance in 1862. Further indicating their comfortable financial standing, William Hall, also arrested, had over £60 in his possession at the time.
Moreover, Maguire was able to afford the services of a cook and housekeeper named Mrs Shanahan, which implied a lack of financial distress. Despite these seemingly comfortable circumstances, it appears that Ben may have succumbed to the allure of easy money and the excitement of the lifestyle offered by Gardiner. With no home, no family, and devoid of the warm glow of his son Henry to return to at the end of a long day's work, Ben Hall began to drift away from his previous life. Despite becoming a father once again to baby Mary, he abandoned it all for the thrill of a fast horse and the power of a six-gun.
Despite Wilson assuming the lease of Sandy Creek, his official occupancy of the station was only recognised by the end of 1867, approximately 18 months following Ben Hall's demise. Prior to this, it appears that the legal transfer necessitated Hall's signature, to be officiated and witnessed before a magistrate. Despite still being legally married to Hall, Bridget seems to have had no voice in the sale of the station. However, securing Hall's signature would have been an impossible task given his notoriety, as it would have meant risking arrest. Yet, with the transfer of Sandy Creek complete, Ben found himself diving deeper into the abyss of lawlessness.
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Sgt James Condell. Coloured by me.
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When the first volley came, I felt I was hit in the side; I put my hand to my side, and found a hole in my coat and blood coming from it; when I got to Mr, Clements' I examined my side, and found there were two holes in it; about 2½ inches apart; the holes were of the same size; they were in a position so that a bullet going in at one would go out at the other. Both holes bled; Sir Frederick Pottinger saw the wound four or five hours after.
Sr. Constable Henry Moran was wounded in the groin explains:
I turned, and to the right, on the rocks, I saw four men in front and two behind them; they had guns pointed down at us; I heard the word "fire," and a volley was fired; I was wounded, and I called out to my mates, "lookout, I'm wounded;" we fired in return, and the horses took fright and ran up a shelving rock, and I was flung wounded out of the coach; constable Haviland assisted me to get out of the way, and I afterwards got to Clements' station. I was wounded in the testicle.
However, for Condell and Moran, the wounds upon further investigation were not considered life-threatening. Constables Haviland and Rafferty providentially appeared unhurt, including the coach driver, Mr Fagan, who in turn had been very lucky as many whizzing bullets passed through his hat and coat. The whip or driver of the coach John Fagan describes his close encounter:
However, for Condell and Moran, the wounds upon further investigation were not considered life-threatening. Constables Haviland and Rafferty providentially appeared unhurt, including the coach driver, Mr Fagan, who in turn had been very lucky as many whizzing bullets passed through his hat and coat. The whip or driver of the coach John Fagan describes his close encounter:
I was mail-driver of the escort on the 15th; I had four horses in my coach; I lost some of the horses in the attack; they were the property of Ford and Co,; Phil. Mylecharane was one of the owners; I was in the coach when it was attacked; I then lost all four horses; next morning saw two of them at Clements', where they went after getting away; about a week after saw a black horse, one of the leaders, and afterwards at Forbes the other; it was at the Camp; a dark brown horse with a switch tail; I received it from Sanderson; I was not wounded, but a ball went through my hat and another through my coat; there were eight or ten bullets in the coach; the gold boxes were gone when we came back to the coach; the mail-bags were opened, and the contents scattered about; I lost two coats from the coach belonging to myself.
The men made their way to nearby Hanbury Clements' Eugowra station, some individually while Rafferty made for Forbes.
Authors Note; John Fagan died in 1912, and it was noted that he drove the coach when the memorable robbery of the escort occurred near the rocks at Eugowra. On that occasion, he was almost shot, a bullet perforating his hat as he ran for shelter from the flying shots of Gardiner, Ben Hall and Co., fired at the police escort, and himself.³⁴ In July 1863, Mr Fagan was a bus driver for a short period in Sydney. That hat is now in possession of his family, upon his death, Mr Fagan left an estate valued at £257 970 = $21,400,000 today.
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| Jack Fagan. c. 1900's. Coloured by me. |
Upon encountering Hanbury Clements and his brother William, who were making their way towards the scene of the crime, the grazier assisted the injured police, who had managed to emerge from the bush. They were escorted to Clements' homestead, where they received immediate first aid. Following this, Hanbury embarked on a 25-mile ride to Forbes, the objective of his journey being to “carry intelligence of the affair”.
When word of the audacious heist reached the public, the entire colony was left in a state of shock. Instantaneously, Frank Gardiner became an infamous figure, his notoriety spreading far and wide. His daring act had not just stolen gold, but had also brazenly challenged the existing law and order, leaving an indelible mark on the narrative of colonial Australia. 'Sydney Morning Herald', Saturday 21st June 1862:
Our citizens are awaiting with some impatience the result of the efforts that are being made to get upon the trail of the villains implicated. The Escort consisted of 2067 oz. 18 dwts. of gold, and £700 in cash belonging to the Oriental Bank; 521 oz. 13 dwts and 6 grs. to the bank of New South Wales; and 129 oz. and upwards of gold, £3000 in cash, to the Commercial Bank.
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| Sub Commissioner for Lachlan Goldfield J.G. Grenfell. 1829-1866 Newspaper Image c. 1867. |
However, in a little-known incident regarding the day of the robbery, it was revealed that some hours before the Gold Escort departed Forbes for Orange, there were to be two other passengers, and the police troopers embarked. Those travellers were Police Magistrate for Forbes, Captain Brown, a long-time friend of Captain M’Lerie, Inspector-General of NSW police, and the Gold Commissioner for Forbes, Mr Grenfell. In the previous May, Grenfell had sent Ben Hall to Orange for trial over the Bacon (Benkin) Dray Robbery. Before the departure, the two men had decided to leave Forbes by horseback instead of the coach; 'The Courier' Tuesday 8th July 1862:
Captain Brown and Mr Commissioner Grenfell were to have come down by the escort, but owing to special instructions from Inspector General M'Lerie, they came on horseback and were some miles in advance of the escort when the attack was made. These
gentlemen arrived in Orange on Monday forenoon, and took their
departure for Bathurst in the mail.
Whether as the gang waited for the approaching coach and before blocking the road, the robbers watched the two men pass by is unknown.
My video of the 1862 Eugowra hold-up site.
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| Hanbury Clements. c. 1881. Private Source. First time published. |
As they made their way to Clement's, they encountered the draymen who had witnessed the incident. Pottinger questioned them in detail, attempting to piece together the sequence of events that had led to one of the most audacious robberies of the era.
The troopers fell across the owners of the bullock-teams, who had been stuck up by the bushrangers. The unfortunate men state that they had been made to lie upon the ground, face downwards, for several hours; and that whilst the firing was going on between the bushrangers and escort they were exposed to the bullets. After urgent entreaty, they were removed from this perilous position by the bushrangers.
About six o'clock yesterday morning Sir F. Pottinger, with eleven troopers, twenty settlers, and two trackers got on the track of the bushrangers. About three miles from the coach they found, near a camp fire, the gold boxes, which had been opened.³⁵
Upon unearthing the remnants of the audacious robbery, Sir Frederick Pottinger demonstrated his strategic acumen by swiftly dividing his forces. This decision enabled a broader area to be covered in their relentless pursuit of the audacious bushrangers. However, as news of the robbery reverberated through the colony, the wheels of justice swung into high gear. Troopers from various districts were quickly mobilised and brought into the district, augmenting the numbers of those already combing the rugged terrain in search of the culprits. The urgent and coordinated response underscored the gravity of the situation and the intent to apprehend those responsible.
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| Hanbury Clements station Eugowra. Bailliere's New South Wales Gazetteer and Road Guide, 1866 |
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| NSW Police Gazette, August 1862. |
Early on Tuesday morning, Mr Superintendent Morrisset, with a detachment of six troopers, passed through this town en route for the scene of attack; and on Wednesday morning a couple of troopers from Stoney Creek also set out for the same destination. On the arrival of the Forbes mail-in Orange, on Wednesday, we were informed that two troopers belonging to Sir Frederick Pottinger's party had returned to Forbes to obtain fresh horses, theirs being knocked up. These men report that they had tracked the bushrangers to within a short distance of Finn's public-house on the Lachlan, and within ten miles of Forbes. The rain had, however, set in, and destroyed the tracks. The black trackers could only discover the tracks of six horsemen.
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| Mr Charles Cropper. c. 1900. Never before published. |
Authors Note: Mr Hanbury Clements died in January 1912; "The death occurred at "Kilmessan," Freeman's Beach, near Sydney, on January 11, 1912, of Mr Hanbury Clements passed away aged of 84 years. Deceased was the third son of the late Lieut. Hanbury Clements, R.N., and at one time owned Eugowra station, and at the time of the robbery of the gold escort, he, with Mr C. W. Cropper, the owner of Yamma station, took an active part in the pursuit of the bushrangers. Eugowra station, a few years after, was cut up, and the owner left these parts, being a single man at that time."³⁶
The robbery's audacity galvanised the surrounding area's influential citizens into action, demonstrating the unity in adversity that had been forged on this rugged frontier. Among them were Mr. Suttor, Mr. Clements, and Mr. Cropper, the owner of Yamma Station. Mr. Cropper, a long-time advocate for eliminating the bushranging menace, threw himself wholeheartedly into the pursuit.
As the search parties scoured the landscape, the perpetrators – Ben Hall, Charters, and Gardiner – adroitly evaded their pursuers, making their way towards the relative safety of Wheogo Hill, a stone's throw away from Hall's homestead. The seeming insouciance of their retreat spoke volumes about their intimate knowledge of the terrain and the audacious confidence they had in their ability to outwit the law. Mr. Cropper's detailed recounting of their tireless efforts vividly portrays a community on high alert, determined to bring these outlaws to justice.
As the search parties scoured the landscape, the perpetrators – Ben Hall, Charters, and Gardiner – adroitly evaded their pursuers, making their way towards the relative safety of Wheogo Hill, a stone's throw away from Hall's homestead. The seeming insouciance of their retreat spoke volumes about their intimate knowledge of the terrain and the audacious confidence they had in their ability to outwit the law. Mr. Cropper's detailed recounting of their tireless efforts vividly portrays a community on high alert, determined to bring these outlaws to justice.
I live about fifteen miles from the Eugowra rocks. I recollect hearing of the escort robbery, and on the night of the 15th, I went in search of the robbers, with Mr. Clements, and my stockman. We went first to Mr. Clements' station. On the following morning, we set out to Eugowra rocks. From Eugowra rocks to the junction of the creek with the Lachlan River is about ten miles; the crossing place is near Newell's. At the back of the rocks, and on the bank of the river, were the only two places where we saw that horses had been tied; the rocks lie to the east of the road; there is a mountain between the road and where the horses had been tied at the rocks. The escort in coming from Forbes would have the rocks on the right hand. We saw traces there of the coach, and of men. We next went over the range and saw tracks up a path. We found tracks for about a quarter of a mile, when we came on some boxes and red comforters; there were four iron boxes broken open; there was the remains of a fire, and portion of burnt comforters; we then got on the tracks of horses; there were shod horses among them; we crossed a creek and got to a pine scrub; the tracks then went to the Canowindra road, and on by the side of a fence to the Eugowra Creek again; I was running the right hand track which led down the creek to a place where the horse had evidently slipped; I went down from my horse, and in the bed of the creek found a bottle of Old Tom; we followed on and joined the other persons tracking, and further on we crossed a creek, and on to a fence, where the rails were cut down; the mortice-holes were cut; we passed through, and followed the tracks till we got on to the Orange road; the tracks ran down the road a little way, and then went off to the right, as if in the direction of Forbes or my own place; after going some distance, the tracks bore in towards the river again, and kept along the bank; we saw no teams there; when we got on to the Forbes Road, we saw some teams; the tracks went near the teams, passing through two paddocks; the tracks went in a zigzag sort of way, and it was after passing the slip panels that we saw the teams; we saw where the tracks crossed the river, and on the other side we saw the remains of a small fire and where horses had been tied; this was in Newell's paddock; the fire was close to the river bank; we found here some beef on a bone and some envelopes; we followed the tracks across Newell's paddock and into another paddock through slip rails; the tracks went crooked, and led away to the left of Mr. Suttor's; the tracks turned off from where the dray was camped; we followed them down nearly parallel with the road; we ran them down that night to within five miles of Fenn's public-house; we followed them up till dark when we could no longer see; in the morning we resumed the track; it led in the direction of what I believe to be the Wheogo Mountain; after this, two or three days after, I noticed that my fence was cut in the way the other fence was; there was a track through my fence which led in the direction of Eugowra; the other tracks that I now speak of led from Eugowra; the track came near Newell's; they led past a sawyer's hut. We tracked a distance of about forty miles; We ran them down that night to within five miles of Fenn's public-house; Fenn's from Eugowra rocks to the junction of the creek with the Lachlan River is about ten miles; the crossing place it near Newell's, the first day we tracked a distance of about forty miles. In a straight line, the course we tracked would be about 20 or 25 miles. Near the Eugowra rocks, when starting, I found a spur and a coat; I saw where horses had been tied; the spot was about a quarter of a mile behind the rocks.³⁷ (Remembering that Newell is Charters' brother in law.)
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| Eugowra Escort Coach. Photograph was taken in 1917 at Orange, by W. H. Burgess. This was also the coach in which Cost Haviland died. Many thanks to Dick Adams. |
Having deposited the mail, they proceeded towards Dalton's Inn, located on Byng St. However, as the coach creaked forward, the startling echo of a gunshot cut through the air. The sound sent a ripple of panic through the gathering dusk. Inside the coach, Constable Haviland lay lifeless, the victim of an accidental discharge from Constable Moran's revolver. In the confusion of the earlier confrontation with the bushrangers, the weapon had slipped from Moran's grasp and had lain unnoticed beneath Haviland's seat. The unintentional discharge brought a sudden and tragic end to the constable's life.
Authors Note; The image right was believed photographed in the yard of Dr Roberts property in Moulder St Orange 1917 and is of a Concord Coach the property of Ford & Mylecharane. John Fagan the driver at the time of the robbery stated; "I had four horses in my coach; I lost some of the horses in the attack; they were the property of Ford and Co,; Phil. Mylecharane was one of the owners." The reverse of the photograph states "This photograph was taken by me, W.H. Burgess of Calias, Bay Road, North Sydney. It is of a stage coach owned by Cobb & Co., and was stuck-up in the vicinity of Euganda by Gardiner's bushranger gang. At the time it had the gold escort with it. The bit of wood accompanying this photo was taken by me from the body of the coach as it stood in 1917 in the backyard of Dr. Robert's of Moulder St., Orange. W.H. Burgess." (Source: 'A Yankee Mounted Trooper' by Dick Adams.)
Constable Moran described the tragedy at Haviland’s inquest into his death:
We left Mr Clement’s yesterday morning; the sergeant was on the box with Haviland, and a passenger in the coach; deceased said during the day he would not come on the escort any more unless there was a mounted party along with us; deceased had no spirits or wine that I know of; he was perfectly sober; yesterday evening between six and seven o’clock we arrived at Orange; we had taken up a lady passenger, with her servant and child; I and a lady and the other male passenger were sitting with our backs towards the driver; the female passenger was sitting in the middle; we heard the report of a revolver after leaving the Orange Post-office; the female passenger exclaimed, “My God the man is shot!” Haviland was sitting at the back of the coach opposite me; I said “No! It can’t be!” I saw the flash from the revolver in a line with deceased’s chest; the female put her hand over first; I then put out my hand and felt the blood pouring down quite warm; I said, “he is shot in the stomach”; the coach was going on all the time; I said it might be from the sergeant’s rifle; he said “no it could not be”’ in reply to a question from the sergeant I said deceased was shot; in the coach, there was my revolver, and a revolver case empty.³⁸
In the grim aftermath of the unexpected gunshot, Haviland's lifeless form was gently transferred to a bed at the Inn. There was an urgent call for medical assistance, and Dr. Warren was promptly summoned. However, upon his arrival and after a brief examination, Dr. Warren confirmed the dreadfully inevitable. Constable Haviland, a servant of the law, had met an untimely and tragic end. The solemn pronouncement cast a heavy pall over those present, transforming the inn into a temporary scene of mourning. Dr Warren deposed at the inquest:
Last night, about seven o'clock, I was sent for to see deceased. Arriving at Dalton's inn, I found him lying on the bed in the verandah-room, with blood- running out of his mouth and out of a wound in his neck; he was quiet dead; this morning, I traced the course of the bullet — it entered the throat below the chin — just above pomun-Adami its course was backward and slightly upward— passing through the larynx and through the pharynx back to the spine at the junction of the skull; I believe the immediate cause of death was effusion of blood into the windpipe; the wound would cause almost instant death; it is my opinion he might have been stooping down to pick up the pistol, it being just the close of the journey.
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| Mrs Haviland's gratuity. |
In the wake of this tragedy, an inquest was convened at the O'Connell Inn by Coroner Mr John Templer. After deliberation and consideration of the evidence, the verdict stated that Haviland had "died from a wound inflicted by a bullet, the intent or cause of which remained unknown." Consequently, William Haviland's passing marked a grim milestone as the first fatality among the ranks of the recently formed and restructured NSW Police Force while on active duty. His untimely death added a sorrowful twist to the narrative of these turbulent times, it was noted:
Amongst other observations made by the deceased prior to the tragic event, was one to the effect that so soon as he arrived at Orange, he would telegraph to his wife in Sydney, to allay any alarm she might entertain for his safety.
Tragically, William Haviland left behind a wife and two children. This unfortunate circumstance was a direct consequence of Ben Hall's actions, indirectly leading to Haviland's death. Furthermore, in a tragic turn of events, Henry Moran, a survivor of the Eugowra onslaught in 1862, met a similar fate. At the age of 63, he died in 1890 following a fall from a cart at Hilton Grove, Hartley. Thus, the repercussions of the audacious events set in motion by Hall continued to echo through the lives of those involved long after the incident itself.
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| "Make way for the Royal Mail." Sketch by Percy Lindsay. c. 1935. |
Since our last we have little to communicate in reference to the robbery of the Escort which can enlighten the public mind, On Wednesday one of the bullock drivers who was stopped by the robbers arrived in Forbes, and reported that his own team and another was stopped and drawn across the road two hours before the Escort arrived, when the bandits made free with two bottles of spirits, and placed the drivers some distance from the rest, compelling them to lie faces downwards.⁴⁰
As the law enforcement continued their pursuit and the gang dispersed, Hanbury Clement penned a letter to a friend in Bathurst, providing a vivid account of the robbery and its repercussions. He commended Sergeant Condell for his level-headedness during the assault. Notably, Clements emphasised that three bullock teams obstructed the road, and the only member not masked was Frank Gardiner. Impressively, one of the guards managed to traverse the twenty-five miles back to Forbes through the wilderness. This excerpt from a letter received by a gentleman in Bathurst was published in the Free Press on June 24, 1862:
You will have heard, before this reaches you that the Escort was stopped, and of course robbed. It occurred at the head of the blind gully, on the right of the double gate. The Escort goes by Eugowra at about four p.m. I do not know whether you recollect a big rock in the gully, about twenty yards to the right of the road; from behind this a number of men (the troopers say fifteen) jumped up, all dressed in red, apparently red shirts, with red comforter on, night-cap fashion; They let drive at the guard at once. I was in the paddock on horseback, and, on bearing the firing, galloped over at once. I met Fagan, the driver, at the big stockyard, and asked him what was the matter. He said the troopers were all shot, and the coach and horses gone, but where he did not know. I went on, and met one of the troopers, who told me that he thought the others were killed. He was wounded in the side. Whilst talking to him, I saw two men at the top of the paddock; I went towards them, found they were two troopers, and brought them down, one of them was wounded in the region of the groin."
"The sergeant, or corporal, who was the only cool man of the lot, was wounded in the side, the ball having entered between the short ribs and passed through the flesh out again; another ball went through the arm of his jacket. Another out the rim of the driver's hat and a piece out of the crown. Another stuck in the wood of the seat. The coachman was fearfully frightened and jumped off the coach, the horses then ran away taking three of the guard with them until they dashed up the rocks when the men were thrown out and took to their heels. The road was blocked up by putting three bullock teams across. The fellows had blackened faces, excepting one who appeared to be the leader.
"I started at once to Forbes, and some time after my arrival the missing trooper made his appearance there, but knew nothing of his comrades, whom he supposed were all killed.
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| George Burgess. c. 1930's Very rare photo. Private Source. |
My father had four horses and dray, and wished to take advantage of the great prices. In June 1862, he loaded up with one ton of hay, half-ton potatoes and five cwt. bacon, engaged Dick Bloomfield as driver, and I was sent as offsider or, as called in those days, his billy boiler; On the fifth day out, at about 11 o'clock; I went into a pine scrub about two miles, from Eugowra to cut a whip handle when I came out I saw the driver in conversation with a man wearing white moles and Wellington boots, with a red comforter round his head and his face blackened, who I afterwards heard was the notorious Frank Gardiner. He was leaning on a double-barrelled gun, and he said, "I want you fellows, come along". We then turned a corner in the road and came in sight of two bullock teams right across the road, ours was put in the same position and made a barricade. Our hats were pulled over our faces and tied in that position with handkerchiefs. My hat, which was an old cabbage tree one, had a hole in the crown, and I could see what was going on. We were placed behind a small rock and threatened, under pain of death, not to look up or remove our hats.
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Mr Penzig's re-drawn Map from the
originally sketched NSW Policeat the time of the Robbery.© |
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| Back to Molong Celebrations. 1928. |
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| The police original map of bushrangers track too and from Eugowra. Courtesy Bathurst Historical Museum. |
Fortunately for the beleaguered police, they were able to claim a small victory within days of the robbery when Sgt Charles Sanderson, accompanied by Senior Constables Armour and Burke, Constables Powell and Westhead, and the tracker Charlie, discovered the gang's hideout. Located atop Wheogo Hill, some 32 miles from Forbes and 60 miles from Eugowra, the hideout was strikingly close to Ben Hall's dwelling.
Sanderson's determination to head straight for Ben Hall's residence clearly indicated that the police harboured suspicions about Hall's alleged connections to bushranging activities. However, when they arrived, Hall was absent, presumed to be a short distance away atop Wheogo Hill, presumably counting his ill-gotten gains.
Sanderson's track record as a diligent trooper was invaluable to the Forbes police at this time. He had proven his mettle during the Chinese riots at Lambing Flat in 1861, serving as a right-hand man to Captain Zouch. His commitment to maintaining law and order contrasted starkly with the behaviour of others who were quick to abandon their duties in pursuit of instant wealth at the goldfields. Nonetheless, despite these challenging times, dedicated men like Charles Sanderson were emerging as stalwarts, forming the backbone of the police's efforts to combat the rampant crime wave.
Sanderson thirty-two years of age, was a Cockney born and bred. In the year 1848, he joined the London police, then newly established by Sir Robert Peel and known as Peelers. He won rapid promotion and came to New South Wales in 1855 under three years' contract with the government. He was sent to the goldfields, liked the life and remained in the force after his three years had expired, being raised to the rank of senior-sergeant. A policeman to the core, by training and temperament, he was one of the most reliable officers in the force, steadfast in his duty, the scourge of criminals, as brave as a bulldog, and completely lacking in imagination, as a good policeman should be. There was a need for men like Sanderson to steady the police force at a time when constables were hard to recruit and harder to keep - for who would be a policeman at 5s. 6d. a day when fortunes were being made by diggers from the golden gravel? Dozens of constables had deserted their posts during the decade of golden glory. The substitutes, hastily recruited to cope with the ever-expanding population and increase of crime, were seldom satisfactory. Many a constable was dismissed for drunkenness and other vices. A policeman's lot was "not a happy one" in New South Wales in the Furious Fifties and Sensational Sixties. - Clune.
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| View from Gardiner's camp Wheogo Hill. Weddin Mountains in the foreground. Courtesy Peter C Smith |
After camping, Gardiner went down to some rocks, and brought back a pair of scales, some weights, and some grog; we remained there for that evening. On Tuesday night it rained; we rigged a tent with a blanket; we weighed the gold, rigging up three sticks to support the scales. I assisted along with the others; as Gardiner weighed the gold, he put the gold on a newspaper on a sheepskin; he also counted the notes; I heard him say there was £3561 in notes; he weighed the gold off in lots and said, "there was about 22 lbs. weight for each man." Each man's share was put up in lots; Gardiner shared out the gold and notes.
In its 28th June 1862 edition, the 'Bathurst Free Press and Mining Journal' offered a detailed account of the relentless police pursuit of the audacious bushrangers. The report highlighted the law enforcement's path from Eugowra, passing by Ben Hall's residence, and culminating in a startling incident which sent the robbers scattering to the wind.
Starting from the scene of the outrage, the track was taken up and continued with various turnings and windings down the Lachlan, till they found themselves near Finn's public house, not far from the diggings. Here the track turned off to the left and made for the Pinnacle, near which the track was lost; the party, however, searched round and roundabout, and as night had set in by this time they had to give up the search camping where the track was last seen. Next morning they started, still in company with the black-fellow Charlie, taking the direction of a mountain named Wheogo; when near the place of a person named Ben Hall, the party came upon very recent tracks, apparently of a horse at full speed, well-shod, and well ridden, (a thing rather unusual in that out of the way part of the country) they kept this trail for some time till they came in sight of a man on horseback, who on getting a sight of the pursuing party went off at the top speed on his horse followed by the troopers also at full gallop. Our men continued the chase for two miles when the man they were pursuing appeared to have vanished into the side of a creek, the tracks suddenly ceased, on this deep creek both up and down, the pursuers came to a stand thinking the man might have jumped into the creek. On close search, however, he appeared to have leapt the creek at a bound, as his tracks were observable on the other side, the party crossed over, and took up the trail, which was followed up to the top of Wheogo mount, when at the back of Mr Walsh's station.
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| "..me see him" |
In this camp were found various articles of bedding, bread and beef, and some tea ready-made and nicely warm, also the envelope of a letter bearing the Burrowa postmark. There were marks where several horses had been tied up to some trees. Circling round this camp, the troopers came upon the tracks of what appeared to be 5 horses, and these tracks were making for the dense pine scrubs surrounding the west point or entrance to the Weddin mountains. The broad trail was followed for a long time when on the party entering one of the densest scrubs of pine in that region, the black-fellow called out “me see him”. The pursuers charged after, but the fellows ahead were too quick for them, and making a short turn through the pines, were lost to the sight. Following on, however, a horse was observed without a rider, and thinking this might be some ruse, the pursuing party separated, and taking what cover they could find, and in expectation of a shot every moment, they bore down upon the horse, which turned out to be the pack horse of the flying bushrangers, and laden with a costly treasure; as when it was caught, a large amount of gold was found on it, supposed at the time to be some 1200 or 1500 ounces; the gold was in 4 bags and were lashed to a trooper's saddle, there were also 2 carbines strapped to the saddle; From this point, the tracks of only 4 horses were found, and these were followed all-round the Weddin, till it got dark, and then the party made the best of their way to Forbes, and gave up the recovered treasure, to the authorities.
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| View of Wheogo Hill from Deaths Lane. 2013. My photo. |
A lot of police coming from the direction of Hall's towards M'guire's. After that we all got ready to start; after we got ready, we could hear the tramp of the police horses coming up the mountain; we left the bottles and several other things; we had no time to shift them; we were then five in number myself, Gardiner, Gilbert, Fordyce, and Bow; we travelled through some thick scrub, and Gardiner had got off his horse to take a drink of spirits and water, when I heard the police horses behind us. Gardiner was with me. I looked back, and saw what I thought was a black-fellow on a white horse; he was about 400 yards behind me; I could just see him through the scrub. I pointed him out to Gardiner; he said, " O'Christ, here they are." I then cantered away; Gardiner called to me not to go away that way. Gilbert went in one direction, Fordyce in another; Gardiner was prodding his packhorse with the end of his gun to urge him along, till finding he could not get him along he left him. This was in a very scrubby place, close to the Weddin Mountains. Gardiner galloped after me, and said "pull up." He said, "he had lost the gold and it was a bad job." We asked to go back, as they might miss the pack horse; we turned, and looking through the scrub, saw three men on foot catching the horse. I went to Nowlan's; there were several patrons there, amongst others Johnny Welsh, Nowlan and his son.
Upon his retirement in 1903, Charles Sanderson reflected on his search for the gang, recounting his actions independent of Sir Frederick Pottinger. He detailed his decision to head for Hall's home and his ultimate success in securing the packhorse. His account, published in 'Old Times' in May 1903, provides an intriguing perspective on these dramatic events.
On leaving Forbes, I took four men and a black tracker, with the object of moving in a different direction, as it was only natural to suppose such a large party of bushrangers would separate. I camped by the banks of the Lachlan, and as there were no tracks on the opposite bank, I presumed some of the men had made for the Weddin Mountains. When we reached Ben Hall's house near Wheogo, the tracker noticed a man riding from it for all he was worth. Surmising this was a bush telegraph, we followed him immediately, and in course of time, his tracks brought us to a camp, which had evidently been abandoned in a hurry. We pushed on as fast as we could and were soon rewarded by seeing a packhorse in the trees ahead. When we came up with it, we found four bags of gold, containing 1239 ounces, strapped to the saddle. It was then dark, and as we consequently could follow the tracks no further with them in that condition, we returned to Forbes, consoling ourselves that if we hadn't caught anyone, we had recovered part of the gold.
On the arrival of the little band with the treasure-viz., a pack horse carrying about 1600 z° of gold, two rifles and a trooper's coat, they were loudly cheered, and surrounded by some 3000 people, eager to learn the news and see how affairs stood. The horses and men appeared knocked-up, the black fellow who had served as tracker appearing the least fatigued, to judge by his self-satisfied and merry countenance.⁴³
Fortunately for Ben Hall, by the time the police arrived at Sandy Creek, he was already en route home, his share of the spoils secured. As Maguire noted, Hall had narrowly missed crossing paths with Sanderson and his men, a turn of events that undoubtedly saved him from immediate capture. This close shave highlighted the elements of chance and timing inherent in the outlaw lifestyle that Hall had embraced.
He had 22lb of gold strapped to his saddle and £460 in notes in his pockets, he galloped down the other side of the hill until he found a nice, convenient hollow log. Into this, he thrust the whole of his share of the spoils. Then he coolly cantered away home as if nothing had happened. And he always pretended, even to myself and his other relatives and friends, that he knew nothing of the robbery.
Note: 22lbs of gold equates to 325 oz. and is worth in 2020 $800,000 and £460 = $38,600 for a total of $838,600.
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| Johnny Gilbert. Coloured by me. |
Note: Trackers were invariably discounted in articles that highlighted the police against the bushrangers. Pottinger's run to Hay undoubtedly included a tracker, most notably Billy Dargin, who was generally a constant fixture in Pottinger's patrols.
However, during their return journey, Mitchell -- son of the renowned explorer Sir Thomas Mitchell -- who had been riding a considerable distance ahead of Pottinger and Lyons, encountered three riders at Merool, near Temora. Mitchell did not recognize the riders, yet surprisingly, one of them turned out to be the notorious bushranger John Gilbert, accompanied by another of the escort robbers, Henry Manns, and Gilbert's older brother Charles, who had been employed in and around the Weddin Mountains, possibly at the Pinnacle Station.
Unbeknownst to them, as Pottinger rode up to the group and engaged Gilbert in conversation, he found himself speaking directly to one of the very individuals he was hunting. Pottinger, none the wiser, casually queried Gilbert about the quality of the horse he was riding.
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| Charles Gilbert. |
Unbeknownst to them, as Pottinger rode up to the group and engaged Gilbert in conversation, he found himself speaking directly to one of the very individuals he was hunting. Pottinger, none the wiser, casually queried Gilbert about the quality of the horse he was riding.
Pottinger said to Gilbert: 'That's a nice looking horse you're riding, young man.' Gilbert replied 'Yes.' Asked if it was his own, Gilbert again replied 'Yes.' The inspector asked to be shown a receipt for the horse. Gilbert halted as if to produce it, but, standing in his stirrups, put spurs to his horse and galloped away.
In the ensuing chaos, the police unsheathed their revolvers and successfully apprehended Gilbert's two companions. Gilbert's brother Charles and Henry Manns, both of whom were using aliases at the time, found themselves in the hands of the law they had brazenly defied.
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| Marker commemorating the gunfight opposite Mrs Sproules Station. My photo 12/03/20 |
One of them, apparently, addressed himself principally to Sir Frederick Pottinger, saying, "I know you, you bl---y ba---rd, Pottinger: "I'll put a pill through you, you ba---rd," &c. Sir Frederick fired at this fellow three times, Mr Mitchell, at his side, being also fully occupied with their assailants, and discharging shot for shot.
Finally, those engaged in the assault on Pottinger fell back to the refuge of the Weddin Mountains. Gilbert, along with his brother, charted a course for Victoria, before eventually venturing onwards to New Zealand. (See Gilbert Page.) Manns, on the other hand, sought solace in his former refuge near Burrowa. However, within a fortnight of the Merool conflict, Pottinger had a face-off with Hall at Sandy Creek, culminating in the latter's arrest.
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| The arrest of Ben Hall, William Hall, and Dan Charters, by Sir Frederick Pottinger depicted by Monty Wedd, from Bold Ben Hall. c. 1970's © |
Six weeks after the Eugowra robbery, on the 27th of July, 1862, Ben Hall was taken into custody along with his brother William Hall, his brothers-in-law John Brown (husband of Catherine Brown), John Maguire, and his close friend Daniel Charters. They were all apprehended at Sandy Creek. Pottinger had received reliable information regarding these men's knowledge and involvement in the events at Eugowra. The informant was Maguire's friend Tom Richards, who later served as a voluntary crown witness during the Escort Trials. Richards had been present during the planning stages of the Eugowra robbery at Maguire's. The enticing £1000 reward provided ample motivation to reveal the secrets and ensure his safety. Furthermore, it became clear that Bill Hall was also fully aware of the events surrounding Eugowra. His detailed recounting of the events to Jack Bradshaw revealed his complete knowledge of his brother's guilt. Indeed, Bill Hall was privy to everything.
Hearing afterwards of the robbery, he (Richards) was forced to combine the one set of facts with the other, and on this, before any charge was brought against him, he gave information to the police.
After their arrest, Charters explained his presence with Ben Hall:
Hall was gathering cattle; getting fat cattle for market, and I was there to get mine and my sister's cattle that might be brought in.⁴⁴
Regrettably, these arrests and the subsequent lengthy imprisonments would prove to be the final blow for Hall and Maguire's Sandy Creek station. Nevertheless, having been arrested, the five shackled suspects were brought before a magistrate in the Forbes court, where Sir Frederick Pottinger formally charged them.
On Tuesday, last, at the Lachlan police-court, four men, named Benjamin Hall, William Hall, John Maguire, John Brown, and Daniel Charters, were brought up charged with being concerned in the late escort robbery. The only evidence taken was that of Sir Frederick Pottinger, who deposed to having received information to the effect that prisoners were concerned in the robbery; he prayed for a remand, for the purpose of obtaining further evidence. Mr Pendergast appeared for the prisoners, and applied for trial, but was refused, as was also bail. The prisoners were remanded accordingly.⁴⁵
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| Sir Frederick Pottinger. c. 1863. |
Sir Frederick turned to the men and ordered them to put the handcuffs on me, two of the men (police) were then sent off to Browns, a similar mission was made to Ben Hall’s house where Ben and Charters were secured, about 4 o’clock the police decided to stay for the night, so my wife proceeded to get supper for the crowd. When bedtime came round Hall, Charters, Brown and I were handcuffed together and had to doss (sleep) in our clothes on a rough shakedown, whilst Sir Frederick took possession of the sofa, in the morning we were roused up and paired off again, after breakfast Sir Frederick gave orders to start for Forbes.
Maguire continued:
Each of us was now handcuffed singly and bidden to mount our horses. Our hands were then strapped to the pommel of the saddle, and with a trooper each holding our reins, Sir Frederick giving orders that should anyone appear on the road suspected of having intentions to rescue us, each trooper was to shoot his man dead.
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| Ben Hall & others court appearance August 1862. |
I often noticed Hall and Charters whispering together apart from the rest of the prisoners; I began to suspect that they knew something about the robbery.
Maguire also stated that he overheard Ben Hall tell Charters:
They haven’t found anything on us, and they can do nothing to us.
Maguire continues:
We noticed Sir Frederick in conversation with James Newland, a brother in law to Charters, Sir Frederick then came and took Charters away. On his return Charters told us he was going to get bail whilst we could not, I watched Ben’s countenance, and noticed that he looked a bit upset when Charters got his freedom.
Ben and I were now left alone together, and next morning he confided to me a full account of the robbery and the names of the men who took part, they were himself, Gardiner, young O'Meally, Gilbert, Charters, Bow, Fordyce and the only man I was not acquainted with-Henry Manns. This I declare, was the first time I really knew who the culprits were, although as I said before, I had my suspicions as to some of the gang, at any rate.
Maguire continues:
I remonstrated with Ben, as there had been no occasion for him to take that game on, but he said he had been run on to it by Gardiner.
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| Daniel Charters. c. 1862. |
I have had conversations with Maguire in regard to this matter while in the lock-up; but I had none with Hall whilst there. It was nothing particular, only about what a job it was to be kept in the lock-up on this account.⁴⁶
Charters also rejected any suggestions that he had been offered a certain incentive to exclude Ben Hall and John O'Meally from the incident.
I was not confined in the same cell as Ben Hall. I was under the same roof, but not in the same apartment. I was confined for about eight days at the same time as Hall. I had no communication with Hall at that time; nor had I any with him on this matter after my release, neither directly nor indirectly have I had any communication with O’Mealy or Hall relative to this matter. I will swear that I have not been offered a sum of money to leave their names out of the information I have given in regard to this robbery.⁴⁷
This contradicted Maguire’s statement regarding their arrest in his memoirs transcribed many years later.
Author's Note; Even 40 years after the Escort Robbery, Maguire attempted in his memoirs to be totally ignorant of the planning of the escort robbery. In fact, Maguire knew full well who the participants were in the robbery, as the whole affair was planned at his and Ben's residence. Even after the robbery, he was supplying the gang with food and equipment. After having been charged for his part in the robbery, Maguire was transported to Sydney for one of the most sensational trials in the history of the young colony and appeared before the special commission established for the escort trial and bushranging. The first escort trial took place in February 1863 with a result of a hung jury. The government immediately placed the defendants back in the dock for a second trial. After all the evidence was heard again, Bow, Fordyce and Manns were found guilty and sentenced to death. John Maguire was found not guilty by his peers (he was rearrested over the bond still outstanding for Youngman, which was paid by a benefactor). Manns would be the only bushranger from the escort robbery (see “In Company” page) to be executed and died a long and horrible death at the hands of the bungling hangman. Bow and Fordyce’s death sentences were commuted to life, whereby they served 12 years and ironically enough were released from prison with the man who had led them there…, Frank Gardiner. After the convictions and Maguire's acquittal, this sentiment was also noted, from; 'The Manaro Mercury, and Cooma and Bombala Advertiser', Friday 6th March 1863; "the Escort Robbers have been sentenced to death, except for Maguire, who is acquitted. I have no doubt he is the biggest scoundrel of the three. The evidence showed clearly enough, in my opinion, that he was an accomplice of the gang from the beginning to end: at any rate, that he was cognizant of the intended robbery. The prisoners will, I am afraid, be strung up without mercy."
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John Maguire's Darlinghurst Gaol entry log February 1863.
Note that John Maguire was blind in his right eye until now; this information was unknown. |
Charters' evidence was false, and consequently would not bear the production of those men; it was a lie from beginning to end. That perjured villain had not only made up his mind as to what men should be condemned, but he had also received money to swear that certain individuals who did take part in the robbery were not present. Charters swore that Ben Hall and O'Meally were not present at the escort robbery, but those men were present; Charters knew well.
Note: O’Meally would no doubt have harmed Charters had he been implicated or more than likely the pair did pay Charters to keep them out of it. Charters would be protected by the police for some months following the trial and was horse breaking at Longbottom near Concord.
Overflowing with rage, Ben Hall was finally granted bail towards the end of August 1862, a bond amounting to £500 and two sureties of £250 each. His bail condition was to 'appear when called upon'. Hall, however, would never again experience the confines of a courtroom or a prison cell. Intriguingly, upon Hall's release, it was noted that an exchange of words reportedly transpired between Hall and Pottinger.
On the last occasion, that Sir Frederick had Ben Hall brought up in Forbes, as Ben was leaving the Courthouse, Pottinger remarked, "Well, Hall, you have escaped again." ''Yes," replied Ben," and the next time you bring me here it will be for something, and don't you forget it. And if all be true that I hear, when I get home you'll get cause to remember me.⁴⁸
Note; £1,000 in 1862 is worth today around $83,000, demonstrating that Ben Hall appeared to be in an excellent financial position or at least asset-rich to raise that amount of money. However, with the bush and bushranging Hall's new home Sandy Creek would pass through sale to John Wilson, thus providing the funding or Hall may have fenced off his proceeds from Eugowra. Whether Hall lost the funds is unclear as records indicate he was never called as he had crossed the point of no return. It may well be that the loss of £1000 also feeds Hall's desire to wage war with the authorities.
Author's Note; A surety is someone who is often mentioned in a bail undertaking. If the defendant fails to appear, the money or property may be 'forfeited to the court'. Another condition used when defendants apply for bail is the naming of a surety. A surety is a person who guarantees that the defendant will attend her or his court hearing. The surety is sometimes required to deposit the security as a commitment that the defendant will appear. This security is returned when the hearing has finished. If the defendant does not turn up to court, the surety loses the security, and the court may keep it. (Source; Supreme Court NSW.)
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| Robert Hall, Maitland Gaol 1862, released in 1863. |
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| Robert Hall. c. 1870. |
In the course of the trial of the four accused individuals — Bow, Fordyce, Manns, and Maguire — in connection with the Escort Robbery, Sgt Sanderson, the much-celebrated hero of Wheogo, was summoned to testify about his commendable endeavours in recapturing half of the stolen loot. Sanderson shed light on the scene at Gardiner's camp on Wheogo Hill, a location which was only a mile's ride away from the residences of Ben Hall and Maguire at Sandy Creek Station and near Wheogo Station.
Rising to an elevation of 430 meters, Wheogo Hill provided a panoramic vista of the surrounding areas. Sanderson, in his testimony, vividly portrayed the spectacle that awaited them at the bushrangers' camp after their spirited chase of a suspected Daniel Charters from Hall's home to the summit of Wheogo Hill.
I saw a horseman coming towards me from the Wheoga Mountains, in the direction of Hall's or McGuire’s house; when he caught sight of me he turned round and bolted into the mountains; I followed him with my party; by the aid of our black tracker we got on the tracks; we followed him by roundabout course up to the top of the Wheogo Mountain; the top of the mountain was about a mile and a half from McGuire’s place; at the top of the mountain I found the remnants of a camp; there were sixteen empty bottles; some contained remnants of port wine, some of gin, some of rum, some of ale; there were biscuits about and tea with milk in it; I did not see how the robbers could have got milk on the spot without going to the stations round about; there were remnants of beef, bits of bread! pieces of green hide tied to bushes, and bits of red tape; I found the top of the hill very stoney, and consequently very difficult to keep the track; we lost it for a time; in about a quarter of an hour it was found by the black tracker, and we proceeded on it a distance of about twenty or twenty-six miles, through a dense scrub; the black tracker rode a white horse; as far as I could judge the man who evaded me at the foot of the Wheogo Mountain rode a bright bay horse; we found the track of several horses; I could not say how many; one of them was shod; we followed in these tracks about twenty-five miles; when we came upon a shod horse with a pack on his back; the pack contained a bag with 1239 ounces of gold, a bag similar to that which I saw put into the escort which started on Sunday, 15th June, from Forbes.
Authors Note: There is sufficient evidence that the rider fleeing Hall's place was young Warrigal Walsh dispatched by Gardiner to gather some more saddlebags to carry the gold and that his identity was protected by all involved.
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| Report of the hold-up of Sale of Sandy Creek in 1865, for £3000. |
As if matters were not complicated enough, the already unsettled legal circumstances surrounding Maguire and Hall brought further turbulence. A close friend of John Maguire and a familiar figure to Hall, John Wilson was also the proprietor of the renowned White Hart Inn in Forbes. In the midst of these troubled times, Wilson was orchestrating a move to take control of the Sandy Creek Station.
This juncture heralded a profound transformation for Ben Hall and his associates. Once prospering and standing tall with untarnished reputations, they found themselves abruptly caught in the grip of an uncompromising descent. Their lives, previously abundant and esteemed, were now bracing the winds of change. This period of tumult presented a profound shift, mutating their life trajectories in a manner they could hardly have foreseen. It was a pivotal moment that marked the beginning of an unanticipated chapter in their personal narratives.
This juncture heralded a profound transformation for Ben Hall and his associates. Once prospering and standing tall with untarnished reputations, they found themselves abruptly caught in the grip of an uncompromising descent. Their lives, previously abundant and esteemed, were now bracing the winds of change. This period of tumult presented a profound shift, mutating their life trajectories in a manner they could hardly have foreseen. It was a pivotal moment that marked the beginning of an unanticipated chapter in their personal narratives.
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| July 1862. |
John Wilson, a reputable figure, was believed to have extended financial support to Maguire, who was bracing himself for an impending, costly trial in Sydney. It is highly plausible that Ben Hall also benefited from Wilson's largesse in securing his bail, considering the hefty sum of £1000 needed wasn't easily accessible. Concurrently, Wilson was reportedly beginning to liquidate his stakes in local gold mining ventures around Forbes. It seems likely that this strategic move aimed to raise the capital necessary to finance his impending acquisition of the Sandy Creek station lease. It was a significant period of financial manoeuvring and strategic decision-making for Wilson, reflecting the intricate intertwining of personal, legal, and business affairs in this era.
John Wilson, of the White Hart Inn, Rankin-street, has for sale a full share in the Britannia Prospecting Claim and a sleeping half share in the same claim, including a share in 200 tons’ quartz now ready for crushing as soon as machinery is ready.
As circumstances unfolded, Maguire disclosed that he and Hall were compelled to relinquish ownership of Sandy Creek Station to Wilson during their time in custody. As a result of Maguire's detention in Sydney and Hall's own inability to manage the station due to constant police scrutiny, Sandy Creek's administration fell into disarray. Despite these changes, Hall's brother, Bill Hall, and girlfriend, Susan Prior, remained on the premises even after Wilson assumed control. It took an extended period before the changes in the station's ownership were officially recorded in the government gazette, further complicating the situation. This shift marked a pivotal moment in the intertwined lives of Hall, Maguire, and Wilson, as they navigated the turbulent waters of their personal and professional dilemmas.
As circumstances unfolded, Maguire disclosed that he and Hall were compelled to relinquish ownership of Sandy Creek Station to Wilson during their time in custody. As a result of Maguire's detention in Sydney and Hall's own inability to manage the station due to constant police scrutiny, Sandy Creek's administration fell into disarray. Despite these changes, Hall's brother, Bill Hall, and girlfriend, Susan Prior, remained on the premises even after Wilson assumed control. It took an extended period before the changes in the station's ownership were officially recorded in the government gazette, further complicating the situation. This shift marked a pivotal moment in the intertwined lives of Hall, Maguire, and Wilson, as they navigated the turbulent waters of their personal and professional dilemmas.
My wife and children were living at the White Hart Inn kept by a man named Wilson, to whom I had transferred the Sandy Creek Station whilst in gaol, in order to raise the wind.
Furthermore, upon Maguire’s return to Forbes, he stated:
I made over to Wilson's to see my wife and two children; Next day I arranged with Wilson to take over his hotel, as he wished to go out and work the station.
Mrs. Maguire was stopping at my house whilst Maguire was in custody. She stopped eight or nine days. After she left my house, she went to the Harp of Erin. Mrs. Maguire left my house because William Hall, who had been taken up about having some of these notes, came to my house, and my wife kicked up a row, and said she would not have people coming about the house at all hours, and then she left next day.
In addition to the complexities surrounding Sandy Creek station, Wilson found himself indebted to Sarah Walsh, Bridget Hall's stepmother, over the Uoka (Wheogo) Station. This was primarily due to her stepson, young 'Warrigal' Walsh, aged 16. Bridget's younger brother, a budding horse and cattle thief, and purported right-hand man to 'The Darkie' Frank Gardiner, was currently under custody.
Strong evidence suggests that Warrigal was present at Wheogo Hill during Sanderson's arrival, and was likely the individual attempting to head towards Hall's location, possibly eluding the police by leaping across a creek. This action was initially attributed to either Charters or Gilbert.
Wilson eventually gained control of Uoka (Wheogo), only to sell the lease three years later in 1866. Sandy Creek's value was estimated to range between £3,000 and £8,000, factoring in dwellings, stock and improvements. As of 1864, both John Maguire and Ben Hall still owed the New South Wales government an outstanding rent of £5 10s for Sandy Creek dating back to November 1862. It was recorded that a partial payment of £3 15s was made in late 1863 when Sandy Creek was still under Hall and Maguire's control, leaving some of the debt unsettled.
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| New South Wales Government Gazette Friday, 23rd October 1863. |
Strong evidence suggests that Warrigal was present at Wheogo Hill during Sanderson's arrival, and was likely the individual attempting to head towards Hall's location, possibly eluding the police by leaping across a creek. This action was initially attributed to either Charters or Gilbert.
Wilson eventually gained control of Uoka (Wheogo), only to sell the lease three years later in 1866. Sandy Creek's value was estimated to range between £3,000 and £8,000, factoring in dwellings, stock and improvements. As of 1864, both John Maguire and Ben Hall still owed the New South Wales government an outstanding rent of £5 10s for Sandy Creek dating back to November 1862. It was recorded that a partial payment of £3 15s was made in late 1863 when Sandy Creek was still under Hall and Maguire's control, leaving some of the debt unsettled.
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| Uoka Station, Bailliere's New South Wales Gazetteer, 1866. |
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| NSW Gazette November 1862, a notice of forfeiture. |
With the sale of beef to the nearby goldfields of Forbes and Lambing Flat, a mere forty-five miles away, their income was readily supplemented. This is corroborated by Charters' statement at the Special Commission that he and Hall were rounding up cattle for market when Pottinger made his unexpected appearance in 1862. Further indicating their comfortable financial standing, William Hall, also arrested, had over £60 in his possession at the time.
Moreover, Maguire was able to afford the services of a cook and housekeeper named Mrs Shanahan, which implied a lack of financial distress. Despite these seemingly comfortable circumstances, it appears that Ben may have succumbed to the allure of easy money and the excitement of the lifestyle offered by Gardiner. With no home, no family, and devoid of the warm glow of his son Henry to return to at the end of a long day's work, Ben Hall began to drift away from his previous life. Despite becoming a father once again to baby Mary, he abandoned it all for the thrill of a fast horse and the power of a six-gun.
Authors Note on Maguire; I have utilised Maguire's memoirs, and in doing so, note that much of his narrative is out of context to the facts regarding times and places during his friendship with Ben Hall. Maguire recounted his memories near the end of his life, and as such, I have tirelessly cross-referenced much of and disregarded the erroneous information such as the Gardiner references. However, the bulk of his reminiscence is solid and most useful.
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| The Peak Hill Express, 5th July 1907. NLA. |
My wife was entitled to 640 pounds as a fourth part of the proceeds, but by some manner of means the executor never handed over a copper of it.
At the time, Maguire and his wife Elen had separated, leading to an eventual divorce, possibly around 1867. It is believed that they had one more child together, a daughter, who tragically passed away in 1867. This heartbreaking event may have been the final straw that strained their relationship beyond repair.
Rumours swirled that Elen had an alleged affair with Daniel Charters while Maguire was held in remand in Sydney for his involvement in the Escort robbery. As a result, it is plausible that any funds intended for Elen from the sale of Sandy Creek were withheld by Maguire as a form of retribution. This retention of wealth might have been Maguire's attempt to regain some control over a personal situation marred by betrayal and loss. (See article above right.)
Rumours swirled that Elen had an alleged affair with Daniel Charters while Maguire was held in remand in Sydney for his involvement in the Escort robbery. As a result, it is plausible that any funds intended for Elen from the sale of Sandy Creek were withheld by Maguire as a form of retribution. This retention of wealth might have been Maguire's attempt to regain some control over a personal situation marred by betrayal and loss. (See article above right.)
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| Susan Prior c. 1862. |
However, this burgeoning family life was compromised as Hall deepened his association with Gardiner, participating in the April 1862 Bacon dray robbery and the notorious June 1862 Escort robbery. There is some speculation that Susan's presence might have represented a brief period of attempted reform for Hall before these events, but such attempts to stay on the straight and narrow seemed fleeting at best.
In this time of turbulence, a controversial portrait emerged, often erroneously attributed to Bridget. However, by the end of 1861, Bridget had already entered a relationship with James Taylor, making it highly doubtful that she would have posed for a portrait with her estranged husband. Bridget and Ben's relationship had become mired in acrimony by the dawn of 1862, and despite any shortcomings Taylor may have had, Bridget remained faithfully by his side until his death in 1877.
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| Locket reputed to be among Ben Hall's effects when shot dead on 5th May 1865. Susan Prior. Note no wedding ring. Unlikely Bridget Hall. Forbes Historical Museum. |
During one of these weekend visits, he met a handsome young girl of 16 summers named Susan Pryor, whom he induced to go and live with him at his home at Wheogo. This action, or mode of life, provoked no resentment on the part, of the Walsh family. Ben now resumed his former energies and appeared as much enamoured of his mistress as he was of his wife.
Note: Little else is recorded of Susan Prior after 1864. Susan gave birth to their child, a daughter named Mary, born in January 1863. Mary died in Newton, Sydney, in 1922. However, it has been noted that in old age, Susan was a very bitter woman. However, Susan would come to live at Burrowa in 1864, and due course, forms a relationship with one Alfred Stonham where Susan Prior gave birth to a son, Alfred. The delivery was registered at Yass with Alfred Stonham named as the father. However, Alfred was still married to Mahalah Dengate, and in 1867 the couple had another child, Ambrose Stonham. By 1875 the marriage of Alfred and Mahalah collapsed. Therefore, it may well be that Alfred could in all probability be another son of Ben Hall and that the birth was attributed to Alfred to deflect any link to Ben Hall. ( See BH pt. 3.)
Bill Hall never turned out on the road, though he remained in the district whilst his notorious brother went through all his exciting experiences; in fact, he lived in Ben's house until it was burnt down by the Police.
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| Susan Prior and her youngest daughter Esther Stonham. Note the striking resemblance between Mother and Daughter. Susan right. c. 1862, aged 17. Esther Stonham never published before. Private Source. |
Meanwhile, back at Ben Hall's former residence at Sandy Creek, the household expanded with Susan Prior, her mother Mary, sister Charlotte, and brother William. In January of 1863, Susan gave birth to a daughter named Mary, at Sandy Creek. Ben Hall, though often in the crosshairs of Pottinger, would periodically return home to visit his newborn daughter. Interestingly, Mary's birth was registered in Wellington, a town located roughly a hundred miles to the northeast. This could possibly be attributed to the fact that the child was born out of wedlock, and the mother was an unknown entity in the local district.
Author's Note: In the annals of history, a persistent myth has pervaded that paints a heart-wrenching picture of Ben Hall's Sandy Creek Station during his detention in Forbes in connection with the Escort Robbery. This narrative suggests that the property was abandoned, leaving the livestock yarded at the time of Hall's arrest by Sir Frederick Pottinger in August 1862 to perish from hunger and thirst. This, however, is a fallacy, a tall tale spun and perpetuated through the sands of time that has come to be accepted as the truth.
Moreover, this story seems to foster misplaced sympathy for Hall, who was initially seen by many in his district as a respectable, industrious individual. This image, however, faded quickly with Hall's multiple arrests and the public's increasing awareness of his association with Gardiner and his gang. The tale of the decimated livestock further clouds Hall's culpability in his bushranging activities by redirecting blame onto the NSW police's supposed persecution of Hall - a claim entirely without basis.
The reality of the situation at Sandy Creek Station in 1862 and prior is well documented. The homestead was inhabited by William Hall, his wife Ann, their two children, and the then-pregnant Susan Prior. Additionally, Hall's former in-laws, the Walsh family, along with John Brown, resided nearby, within a mile or so and his partner John Maguire lived about 500 yards from Hall.
To suggest that these individuals would allow the livestock to succumb to such cruel fate, without intervening, would be inconceivable. Given the critical importance of these animals for sustenance and survival in such an isolated location, such neglect is simply implausible. Would these people have ignored the audible distress of the suffering animals?
At the second escort trial in 1863, Sir Frederick Pottinger was questioned under oath about the circumstances surrounding the arrests of Ben and William Hall and Dan Charters. His responses shed light on the individuals' reactions at the time of his arrival, the condition of the livestock, and the suspicious cash found on Bill Hall at the time:
Moreover, this story seems to foster misplaced sympathy for Hall, who was initially seen by many in his district as a respectable, industrious individual. This image, however, faded quickly with Hall's multiple arrests and the public's increasing awareness of his association with Gardiner and his gang. The tale of the decimated livestock further clouds Hall's culpability in his bushranging activities by redirecting blame onto the NSW police's supposed persecution of Hall - a claim entirely without basis.
The reality of the situation at Sandy Creek Station in 1862 and prior is well documented. The homestead was inhabited by William Hall, his wife Ann, their two children, and the then-pregnant Susan Prior. Additionally, Hall's former in-laws, the Walsh family, along with John Brown, resided nearby, within a mile or so and his partner John Maguire lived about 500 yards from Hall.
To suggest that these individuals would allow the livestock to succumb to such cruel fate, without intervening, would be inconceivable. Given the critical importance of these animals for sustenance and survival in such an isolated location, such neglect is simply implausible. Would these people have ignored the audible distress of the suffering animals?
At the second escort trial in 1863, Sir Frederick Pottinger was questioned under oath about the circumstances surrounding the arrests of Ben and William Hall and Dan Charters. His responses shed light on the individuals' reactions at the time of his arrival, the condition of the livestock, and the suspicious cash found on Bill Hall at the time:
‘Nothing was said beyond the expression of surprise. I took them to Maguire's, where I had arrested Maguire and Brown, and took them all into town. I did not notice any cattle in Hall's stockyard. They might have been mustering, but I saw nothing of it. I found £50 or £60 in notes on Hall. A great deal was said about them, and a long investigation was had into the matter, about there being notes that had been taken from the escort. I took some notes from the house of Ben Hall, and they were claimed by William Hall, to whom they were returned. There was an investigation before the Bench, and then they were returned. I took possession of them and produced them before the Bench with a view to show that they were taken from the escort. They were placed before several witnesses; Mr Weakes and a clerk of the Commercial Bank who is not here.’ By the Judge: ‘An investigation took place; the notes were examined by witnesses, and the magistrates dismissed the case and returned the notes to William Hall.
It must also be noted that £1 in 1862 is equal today to $84.00.
Hence, I encourage anyone who perpetuates this misguided tale to embark on a journey of comprehensive and credible research. Furthermore, another often-repeated falsehood is a quote allegedly uttered by Hall himself, where he claims he was driven to bushranging because "his wife ran off, his house burned, and his cattle were left to die." This assertion is entirely fictitious and baseless. Using such a fallacy as a historical reference can mislead those seeking to understand the true narrative. It may, perhaps, find a home only in the realms of fictional literature!
However, Sir Frederick Pottinger could not shake off his suspicions and remained convinced that 'Sandy Creek' was a haven for bushrangers. Therefore with good intelligence, Pottinger stepped up patrols around Wheogo, including the Pinnacle and the nearby Weddin Mountains..., O'Meally territory!
Accordingly, a letter was published in the newspapers by a resident of the Lachlan depicting those bushranger friendly inhabitants that were both harbourers and telegraphs and who invoked the old 16th century saying in assistance to the bushrangers that 'a nod is as good as a wink to a blind horse:
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| Mary's Baptism Certificate. Purchased by author. |
On the Billibong and Bland Plains are several stations; many of the residents there, to my certain knowledge, having been at one time hut mates and companions of the now noted bushrangers, whilst after cattle in bye-gone days; consequently, though these residents may not go out and stop persons on the roads still there is little doubt they do wink at the evil practice of their former companions, and, when they see them, give them food and shelter. It is impossible the police can take the bushrangers whilst they have such means afforded them of escape with scouts in all directions — "bush telegrams" as they are called. They may be within an hour's ride of the police, and still escape them. They will never take these bushrangers openly, or in uniform; it will be done simply by stratagem, Humbug Creek, and Weddin Mountains used to be their haunts when they were stockkeepers; consequently, they know the ground well now — every bush and tree is familiar to them.⁴⁹
Nonetheless, despite his limited victories against the bushrangers, Sir Frederick Pottinger was resolved more than ever to bring law and order to the untamed west. In particular, he cast a wary eye over the stations mentioned earlier, viewing them as hotbeds of rampant lawlessness. The reality that people associated with the Escort Robbery (of which there were many) had thus far evaded justice greatly frustrated Pottinger. To add insult to injury, he was still nursing the sting of humiliation from his unsuccessful pursuit of his arch-nemesis, Frank Gardiner, on the 9th of August, 1862.
Pottinger had laid a stakeout at the home of Catherine Brown, Gardiner's paramour, in Wheogo, accompanied by eight officers. The Inspector had received credible intelligence that 'The Darkie' would show up for a romantic rendezvous with Mrs Brown. Indeed, the information proved accurate when, under the cover of darkness, Gardiner was seen departing on his white steed. Pottinger, seizing the element of surprise, abruptly stood and fired at Gardiner point-blank, who was completely taken aback. However, owing to a malfunction in Pottinger's rifle, Gardiner managed to slip away, evading the eight strategically positioned troopers. Two of them discharged their weapons but missed Gardiner, who disappeared into the night. Pottinger under oath discribed the moments.
Moreover, it was reported that Gardiner having bolted reined his horse some five hundred yards away:
Additionally, the Inspector-General of Police, Captain McLeire, had the final say on all reports published in the NSW Police Gazette. This gazette chronicled robberies and hold-ups to which Ben Hall and his associates were connected. Once approved by Captain McLerie, the police gazettes were distributed to the district officers.
The NSW Police Gazette contained descriptions of perpetrators who closely resembled the known physical characteristics of Gardiner, Gilbert, O'Meally, Hall, and other known acquaintances such as the three Jacks, Patsy Daley, and another emerging bushranger, young John Jameison, a close friend of John Walsh. These records provided crucial information that helped keep track of the infamous outlaws' activities and movements. (See above.)
Consequently, Ben Hall's description, as published, closely matched that of an assailant in a robbery against Henry Theobald, a resident of Young. This hold-up occurred on the Marengo road on January 13, 1863. Remarkably, this incident marked the reappearance of John Gilbert in the district. After leaving New Zealand, Gilbert had resumed his bushranging exploits alongside Hall and O'Meally. The trio had also welcomed a new member into their ranks: Patrick Daley, the first cousin of John O'Meally, and John Jameison. Daley had been sporadically involved with Jack O'Meally in various criminal activities and was implicated in a reported rape case with him at the beginning of 1862.
However, the bushrangers didn't lay low for long. On the following day, January 14, 1863, they struck again, robbing David M'Veigh 10 miles outside of Forbes on the heavily trafficked road to Lambing Flat. These successive daring raids further underscored the audacity of these bushrangers, who continued their lawless exploits seemingly unimpeded by the threat of capture.
There were additional accounts suggesting that Gardiner's paramour, Catherine Brown, had previously been involved in robberies alongside 'The Darkie,' even donning men's clothing as a disguise, before making her exit from the Lachlan district in late 1862. Meanwhile, the Police Gazette maintained that the culprits 'Can be Identified,' though it was becoming increasingly clear that many local correspondents, where bushranging was rampant, either had knowledge of or had identified the main perpetrators.
Interestingly, many of these correspondents appeared reluctant to name these suspects in newspaper articles, likely as a self-preservation strategy. The act of publishing their speculations often ran the risk of alerting the bushrangers or their confederates about the extent of information held by the police, potentially providing them with a forewarning to evade capture or alter their criminal strategies. Thus, the bushranging epidemic continued, with the names of those involved often whispered in hushed tones, rather than splashed across the public press.
In an interesting twist, the courts often failed to underscore the diligent work of the police, frequently releasing offenders on bail. This, coupled with instances where the police suffered criticism and embarrassment for pursuing false leads, only further complicated the law enforcement efforts. A noticeable omission in the reports about Ben Hall was his distinct limp, caused by a previously broken leg. This characteristic, together with Hall's rather stout build, was typically overlooked in reports or descriptions, as evident in the above-mentioned cases.
January 1863 marked the reappearance of John Gilbert in the Lachlan District, following a period of absence after the notorious Escort robbery. His lucky escape from Inspector Pottinger in July 1862 had led him to New Zealand's South Island. Accompanied by his two brothers, Gilbert had found temporary refuge at Clyde on the Dunstan goldfield. On his return to NSW, he wasted no time jumping back into the saddle, revisiting his old stomping grounds around the Weddin Mountains and its surrounding districts, including Marengo, Gilbert's former home.
This homecoming was not a quiet affair. Gilbert quickly reestablished himself, joining forces with O'Meally and Hall. Known collectively as 'The Boys,' they launched a spree of plundering local establishments with reckless abandon. As reported by the "Sydney Morning Herald" on February 7th, 1863, Gilbert's return was anything but inconspicuous.
On January 27, 1863, Ben's rapid rise to criminal notoriety was thrust into the public eye. On this day, two Forbes residents, Mr Pollock and Mr Evans, found themselves held up by three men while passing by Green's Uar station on the Lambing Flat road. Both men definitively recognised one of the culprits as Ben Hall, a man whose identity was confirmed by Mrs Green, the proprietor of Green's Inn on the Uar station, who had known Ben for several years. A later report in the 'Goulburn Herald' revealed a verbal exchange between the men during the hold-up, providing further insight into this pivotal incident in Ben's lawless career.
John Gilbert, also known as 'Happy Jack,' was back in action alongside his partners-in-crime O'Meally, Ben Hall, and Patsy Daley. On February 2, 1863, the bushrangers targeted George Dickson's store, swiftly followed by the pillaging of an Inn at Spring Creek, owned by a Mr Dalton. Initially, Dickson was uncertain of the event's severity, considering it might be a prank. However, as O'Meally menacingly waved his revolver, he stated, "There's no bloody mistake about it," confirming the grim reality of the situation.
As fate would have it, during the robbery, a police trooper named Constable Stewart happened to pass by the scene. This chance occurrence was to significantly alter the trajectory of the event, adding a further layer of tension and potential for chaos to the unfolding scenario.
The identities of the five bushrangers were eventually revealed to be none other than John Gilbert, John O'Meally, Patsy Daley, and Christie Boland. Boland, in particular, would later find himself under arrest in 1864, having been linked directly to Ben Hall. Their names, synonymous with the lawless frontier, added another layer of infamy to their illicit exploits, echoing long after the echoes of their gunfire had faded. 'Bell's Life in Sydney and Sporting Chronicle' Saturday 23rd April 1864:
However, Boland's involvement in the group was unable to be conclusively established, and he managed to evade conviction following his imprisonment. This narrative reflects Hall's well-known propensity for mixing with a criminal element that wasn't hesitant about employing aliases for their illicit activities.
On 26th September 1863, Mr Dickenson offered his unique account of the robbery during Patsy Daley's trial, as reported by the 'Goulburn Herald'. His testimony would add another riveting chapter to the captivating saga that was Ben Hall and his gang's life of crime.
In March of 1862, under the administration of Mr Cowper, the New South Wales Government began a comprehensive overhaul of the state's police force. The goal was to dissolve the independent arms of the organisation and consolidate them under a unified command. The honour of leading this transformed entity fell to the veteran and politically astute Captain John McLerie, once nominated for the Victoria Cross for his gallant service during the Maori war in New Zealand.
However, the massive restructuring was not without its initial difficulties. The police force often found itself in overwhelming situations as it grappled with bringing law and order to the rugged western territories. Gold fever had gripped the isolated towns, leading to an atmosphere where robberies, beatings, and murders were alarmingly commonplace. In this chaotic milieu, opportunistic robbers thrived, and bold bushrangers, who brazenly flouted law and order, began to emerge. Ben Hall was one such figure who etched his name into this notorious category of committed bushrangers.
Mr Charles Cowper, the Colonial Secretary, often earned the moniker 'Slippery Charley' due to his cunning political manoeuvring. During his tenure, he faced the daunting challenge of confronting a new and audacious wave of lawlessness. In his estimation, the solution lay in substantial financial rewards - incentives he believed would set the hearts of 'cockatoo squatters' racing, and pave the way for apprehending these outlaws. The Manaro Mercury, and Cooma and Bombala Advertiser, on the 13th February 1863 wrote:
On the morning of February 7, 1863, seizing the opportunity presented by Knox's absence, Ben Hall, accompanied by Patsy Daley, bypassed the station's public house. Instead, they audaciously raided the Pinnacle Police station, located approximately twelve miles from Hall's Sandy Creek station. The duo swiftly plundered various police possessions, which included weapons, saddles, ammunition, and clothing. The audacity of this act made the headlines and was reported as follows:
In the aftermath of their bold raid on the Pinnacle Police Station, Ben Hall and Patsy Daley were pursued by Constable Knox, who had returned to find his station plundered. The bushrangers, however, had managed to put some distance between themselves and the scene of the crime. Not long afterwards, they were spotted by Trooper William Hollister exiting Allports Inn, a known refuge for unsavoury characters, located near the Pinnacle Station on the Forbes road.
Recognising the men, Hollister and his two trackers immediately took up pursuit, engaging in a high-stakes chase peppered with gunfire. One of Hollister's trackers, Billy Dargin, later provided a firsthand account of the harrowing events that unfolded.
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| The Empire. 16th August, 1862. |
Pottinger had laid a stakeout at the home of Catherine Brown, Gardiner's paramour, in Wheogo, accompanied by eight officers. The Inspector had received credible intelligence that 'The Darkie' would show up for a romantic rendezvous with Mrs Brown. Indeed, the information proved accurate when, under the cover of darkness, Gardiner was seen departing on his white steed. Pottinger, seizing the element of surprise, abruptly stood and fired at Gardiner point-blank, who was completely taken aback. However, owing to a malfunction in Pottinger's rifle, Gardiner managed to slip away, evading the eight strategically positioned troopers. Two of them discharged their weapons but missed Gardiner, who disappeared into the night. Pottinger under oath discribed the moments.
As the pine scrub in which myself and Sergeant Saunderson were hid was 150 yards distant, we could not identify her; about twenty minutes afterwards I saw a man on a white horse with a gun slung by the saddle, proceeding from the house; he proceeded quietly along in a certain direction 80 or 100 yards, from which he finally deviated, taking a cattle track through the scrub; up to this period myself and Saunderson proceeded in a parallel direction through the scrub, but when he diverged we fell back; presently we heard the sound of horse's hoofs proceeding slowly towards us. I waited until he had arrived within five yards, when I stepped out, and levelled my carbine at him over the horse's shoulder, with the muzzle within three yards of the rider's body; I called out 'stand;' the rider, I swear was Frank Gardiner; he immediately uttered a yell or shriek, and threw up his arms into the air, still holding the rein; at this moment the horse turned away, and determined not to lose a chance; I pulled the trigger; the cap missed fire, and the next moment the horse bolted into the bush; the shriek was that of a man already shot; I called out to Saunderson and the trooper to shoot the wretch; Saunderson fired two shots from his revolver, and Hollister fired at him, but was 100 yards distant or thereabout, and Newton was too far off.
Moreover, it was reported that Gardiner having bolted reined his horse some five hundred yards away:
Gardiner, cantered away into the bush on his white horse, and seems to have felt quite secure that nobody would follow him, for he dismounted and sat down at his ease when he got about five hundred yards away. The Battle of Wheogo was over, and the nine men remained masters of a barren field.
Unrepentant at his failure, Pottinger proceeded to Kitty's hut where she did not deny that indeed the Darkie had been present:
Rather than go home empty-handed, it seems they took a little boy out of bed, where they found him asleep, and carried him off to Forbes, on suspicion of having held Gardiner's horse.
Regrettably, Pottinger's actions drew considerable ridicule from the NSW press, particularly when he detained Catherine's young brother, 'Warrigal' Walsh.
Yet, the exploits of the bushrangers held an irresistible allure, drawing extensive coverage in the newspapers and becoming the topic of conversation in homes, restaurants, and hotels. The trend even inspired children to mimic the bushrangers in play, causing a wave of concern over the idolisation of figures like Gardiner and, in due course, Ben Hall. In response, 'The Goulburn Chronicle' expressed deep worry over the growing number of children pretending to be bushrangers in its issue from October 24, 1862. The newspaper cautioned its readers, stating:
Yet, the exploits of the bushrangers held an irresistible allure, drawing extensive coverage in the newspapers and becoming the topic of conversation in homes, restaurants, and hotels. The trend even inspired children to mimic the bushrangers in play, causing a wave of concern over the idolisation of figures like Gardiner and, in due course, Ben Hall. In response, 'The Goulburn Chronicle' expressed deep worry over the growing number of children pretending to be bushrangers in its issue from October 24, 1862. The newspaper cautioned its readers, stating:
The amusement of playing bushrangers and sticking up one another may prove very exciting to the juvenile mind, but such amusements must necessarily tend to loss of moral principles and disregard of right and wrong.
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| NSW Police Gazette, 1863. |
The NSW Police Gazette contained descriptions of perpetrators who closely resembled the known physical characteristics of Gardiner, Gilbert, O'Meally, Hall, and other known acquaintances such as the three Jacks, Patsy Daley, and another emerging bushranger, young John Jameison, a close friend of John Walsh. These records provided crucial information that helped keep track of the infamous outlaws' activities and movements. (See above.)
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| NSW Police Gazette, 14th January 1863. |
However, the bushrangers didn't lay low for long. On the following day, January 14, 1863, they struck again, robbing David M'Veigh 10 miles outside of Forbes on the heavily trafficked road to Lambing Flat. These successive daring raids further underscored the audacity of these bushrangers, who continued their lawless exploits seemingly unimpeded by the threat of capture.
On the 14th instant, Mr. David M'Veigh of Forbes was stuck up on the road about 10 miles from Forbes, by three mounted men, armed with revolvers and robbed of 13s. in silver. 1st described as being young, fair, no hair on face; dressed in flash striped trousers and cabbage tree hat; The other two men had their faces covered with crape and cannot be described.
Jameison and Daley would later be found guilty over this particular robbery, the third person being Ben Hall. Yass Courier, July 29th, 1863:
John Jamieson was also committed for trial, at the same court, on a charge of having, in company with Patsey Daley and another, committed a robbery on the persons of David M'Veigh and David Pollon, on the Lachlan road, about six months ago (the day of the fire at Forbes). He was also charged with an attempt at robbing (being armed) John Large and William John White, on the Lachlan road.
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| Mrs Brown, NSW Police Gazette. |
Interestingly, many of these correspondents appeared reluctant to name these suspects in newspaper articles, likely as a self-preservation strategy. The act of publishing their speculations often ran the risk of alerting the bushrangers or their confederates about the extent of information held by the police, potentially providing them with a forewarning to evade capture or alter their criminal strategies. Thus, the bushranging epidemic continued, with the names of those involved often whispered in hushed tones, rather than splashed across the public press.
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| NSW Police Gazette 1863. Note age. |
January 1863 marked the reappearance of John Gilbert in the Lachlan District, following a period of absence after the notorious Escort robbery. His lucky escape from Inspector Pottinger in July 1862 had led him to New Zealand's South Island. Accompanied by his two brothers, Gilbert had found temporary refuge at Clyde on the Dunstan goldfield. On his return to NSW, he wasted no time jumping back into the saddle, revisiting his old stomping grounds around the Weddin Mountains and its surrounding districts, including Marengo, Gilbert's former home.
This homecoming was not a quiet affair. Gilbert quickly reestablished himself, joining forces with O'Meally and Hall. Known collectively as 'The Boys,' they launched a spree of plundering local establishments with reckless abandon. As reported by the "Sydney Morning Herald" on February 7th, 1863, Gilbert's return was anything but inconspicuous.
There are many rumours afloat as to the number of bushrangers in this affair, and the number of stations "stuck up," but I know for certain of two places being ransacked by them, viz, the Bentick-Morrell station (Mr George Tout's), and a roadside accommodation house (G Harcombe's) At the latter place they only got £7. The house was entered by three robbers, but six others were counted waiting at a short distance within call as a reserve if necessary within call as a reserve if necessary, apparently with the plunder from the Bentick-Morrell station strapped upon them. The rascals were under the leadership of one Johnny Gilbert, a henchman of Gardiner's. This is an undoubted fact, because a sister-in-law of George Harcombe's was present, and distinctly recognised him, she is a native of Marengo, near which place John Gilbert was stock-keeper for some time. None of the desperadoes took the trouble to mask themselves.⁵¹
In quick succession, many robberies were Gazetted by police fitting Ben Hall's description:
In quick succession, many robberies were Gazetted by police fitting Ben Hall's description:
A man named John Grandylar, who left Goulburn for the Lachlan some time back, was stuck-up by two armed bushrangers on Monday last, about sixteen miles on this side of Burrowa, on his return hither, and was robbed of whatever money he had on his person A cheque for a considerable amount that he had sown inside the band of his trousers escaped observation. They, however, took a good pair of boots off his feet, but gave him an old pair in exchange, and also robbed him of his coat. The man's swag with a revolver in it, where of course it was utterly useless, was appropriated by the bushrangers to their own use.⁵²
By January 1863, Ben Hall's metamorphosis into a dedicated bushranger seemed thoroughly accomplished. His visage became increasingly recognised by victims who were familiar with him from past encounters, even though some modern interpretations question the historical evidence of this. However, the undisputed reality was that Hall, bereft of any semblance of honour or civility, aimed his firearm at unsuspecting victims, instilling paralysing fear before ruthlessly stripping them of their hard-earned wages and personal possessions. His transformation from a respected member of society to a feared bushranger was now irrevocable.
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| NSW Police Gazette February 1863. Note; Hall's description- 5ft 6in. Hall's height would vary in future police Gazettes from 5ft 6in-5ft 8in. |
Mr David Pollock accompanied by Mr Reed's traveller was returning from Green's at Uah. He was bailed up by three mounted and armed men; "What have you got in your pocket"? said the leading robber, "Dam all a halfpence," was the reply, after which the lord of the road said, "what are you driving about the country, for, without money"? To this. Mr Pollock answered that he had been looking for a mule, and if his interrogator would find it and bring it to Forbes, he would give him a note. "Now Pollock," said the bushranger, "never go on the road again without money"; and the three rode away.
Note: Once again, Hall's height is noted as 5' 6", far from the many historians claiming Hall was a tall man. Ben Hall's short and stout frame can not be emphasised enough.
On January 28, 1863, a mere day after the previous heist, Ben Hall struck again. This time, he targeted Mr Green of 'Uar' station, who had previously been Hall's employer in the 1850s. The bushrangers approached the public house and held up Green's wife, who had been a witness to the robbery on the previous day. This time, Hall made away with bottles of gin and kegs of brandy. Once again, Ben Hall was positively identified at the scene.
Interestingly, the Police Gazette initially named Patrick O'Meally, younger brother of John O'Meally, as one of the bushrangers. However, upon subsequent investigation by Captain Zouch, Patrick was found to be innocent of this particular crime. He was arrested by police for his alleged involvement in the two robberies, but upon examination, the young man was exonerated, proving that not all initial suspect identifications were accurate.
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| NSW Police Gazette, February 1863. |
Interestingly, the Police Gazette initially named Patrick O'Meally, younger brother of John O'Meally, as one of the bushrangers. However, upon subsequent investigation by Captain Zouch, Patrick was found to be innocent of this particular crime. He was arrested by police for his alleged involvement in the two robberies, but upon examination, the young man was exonerated, proving that not all initial suspect identifications were accurate.
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| NSW Police Gazette, February 1863. |
As fate would have it, during the robbery, a police trooper named Constable Stewart happened to pass by the scene. This chance occurrence was to significantly alter the trajectory of the event, adding a further layer of tension and potential for chaos to the unfolding scenario.
Regrettably for Constable Stewart, he became an unwilling participant in the unfolding chaos, as he was ambushed and stripped of his horse and saddle, a personal rather than police possession. In response to the bushrangers' demands, Stewart bravely yet unwisely attempted to resist. This act of defiance did not go unpunished; he found himself at the receiving end of a severe beating, reportedly delivered by none other than John O'Meally. This act of violence against a law enforcement officer highlighted the escalating audacity and ruthlessness of the bushrangers. 'The Empire', 13th February 1863:
On Monday evening last, (2nd Feb) about half-past eight o'clock, five men called at the store of Mr George Dickenson. He was behind the counter, serving a customer. One of the robbers said to him, in a half drunken manner, "Bail up, we want what you have got." Mr, Dickenson hearing this, made a dart for his bed-room, where he kept his revolver, but he was immediately stopped and ordered to go outside the store, where he was placed under the charge of an armed man with his customer, Mr, Mead with one of the bushranger's in police uniform. The robbers searched them. From Mr Mead, they took £5 in notes, and searched and no less than eleven other persons who were passing along the high road outside the store. They then went inside, stole a revolver, a bag containing five pounds in silver, between ten and eleven pounds’ worth of gold dust, and sundry articles of clothing. After stealing what they required, they helped themselves to brandy, gin, &c., and in fact everything they fancied. While the premises were being ransacked, a policeman happened to pass. He was stuck up also, and his horse, saddle and bridle, were taken away. The horse was the constable's private property. He consequently offered resistance, when one of the villains struck him a severe blow on the hand and wrist, quite disabling the limb; they kept him in durance vile until their unlawful work was accomplished; they then allowed him to proceed. He made his way with all possible speed to the camp, and Captain Battye mustered all hands, and started immediately in pursuit. The men also stuck-up the adjoining inn, Mr. Dalton's, known by the name of the Golden Fleece. They are supposed to have obtained about £60 in cash, and several guns and pistols. The latter were taken from Dalton's. The robbers are supposed to be the same who stuck-up the Bendick Morrell station on the 29th ultimo.
During the tense standoff, one of the onlookers noticed that Daley seemed particularly unnerved, shaking 'like a leaf' under the intense pressure of the situation. The captives saw this vulnerability as a potential opportunity to overpower their captors. However, sensing the rising tension, Ben Hall stepped in to quash any potential rebellion. "You fellows think there are only five of us, there are others within coo-ee," he warned. His firm intervention served to remind the captives of the unseen threat lurking nearby, effectively stifling any hope of mounting a successful counterattack.
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| Boland. Police Gazette 1863. |
A man named Christie Boland, alias Burtell, and supposed to be connected with Gilbert, Ben Hall, and O'Meally, in the sticking-up of Dickinson's and Solomon's stores, at Young, in February 1863, was arrested yesterday by the police. The bench, this morning, remanded him to Young for identification.
'The Argus' Saturday 23rd April 1864 reported:
A man named Christie Boland was remanded last week by Captain Brownrigg, for robbery under arms, to Young, the scene of his exploits. As it is supposed he was a mate of Ben Hall's, and it being known that the latter gentleman has recruited and reorganized his gang for the winter campaign, it was deemed necessary by Mr Superintendent M'Lerie to send four troopers with this single prisoner. We have no hesitation in saying that this proceeding was a discreet one; and still further to show the opinion that officer and the police generally have of Morgan and Hall's audacity, the foot patrol are initially armed with loaded revolvers, to be prepared for an attack upon the town.
On 26th September 1863, Mr Dickenson offered his unique account of the robbery during Patsy Daley's trial, as reported by the 'Goulburn Herald'. His testimony would add another riveting chapter to the captivating saga that was Ben Hall and his gang's life of crime.
I reside at Spring Creek, Burrangong; on Monday, 2nd February, I was stuck-up by five men; one of them stood over me with a pistol, another presented a pistol at my storekeeper, and a third held a pistol to a customer I was serving; it was about eight in the evening and moonlight; I was behind the counter; we were all stuck-up at the same moment, and were all turned outside and a guard put over us; the prisoner was the guard; I have no doubt of him; he stood with a pistol over us; there were three of us at first, but some people passing were ordered to fall in, and there were eight or nine of us; prisoner said nothing but to tell some of the men to stand back when they were pressing forward; he did nothing but stand guard; he was standing guard about a quarter of an hour, I had seen prisoner at Clark's public-house a few months before; we were both dining there, and I had an opportunity of noticing him; when the men were going away I went into the house and found all the things tumbled about; I saw five men ride away; I did not notice the prisoner particularly, but I noticed the number and I did not see him afterwards; a policeman in plain clothes passed while the men were there, and being unarmed they made him give up his horse, saddle, and bridle; I missed £5 in silver, £10 or £11 in gold dust, a revolver, three watches, several pairs of boots, and a quantity of clothing; altogether, property to the value of £50 or £70 was taken, including the money and gold; these articles were all in the place previous to the men coming; I got my revolver afterwards from Sir Frederick Pottinger, but have not recovered any of the other property; when the men left I noticed large swags in front of them; prisoner was dressed in a sort of police uniform, old fashioned.
Upon completing the testimony, Sir Frederick Pottinger attested:
I handed to Mr Dickenson a revolver I got from a horse I believed to belong to Ben Hall.
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| NSW Police Gazette, Frank Gardiner & John Gilbert. |
However, the massive restructuring was not without its initial difficulties. The police force often found itself in overwhelming situations as it grappled with bringing law and order to the rugged western territories. Gold fever had gripped the isolated towns, leading to an atmosphere where robberies, beatings, and murders were alarmingly commonplace. In this chaotic milieu, opportunistic robbers thrived, and bold bushrangers, who brazenly flouted law and order, began to emerge. Ben Hall was one such figure who etched his name into this notorious category of committed bushrangers.
Mr Charles Cowper, the Colonial Secretary, often earned the moniker 'Slippery Charley' due to his cunning political manoeuvring. During his tenure, he faced the daunting challenge of confronting a new and audacious wave of lawlessness. In his estimation, the solution lay in substantial financial rewards - incentives he believed would set the hearts of 'cockatoo squatters' racing, and pave the way for apprehending these outlaws. The Manaro Mercury, and Cooma and Bombala Advertiser, on the 13th February 1863 wrote:
Cowper is getting quite convinced of the inclemency of the 'Grande idee' about the New Police: for he has just offered a reward of £500 for the apprehension (without conviction) of Gardiner, and another £500 for his mate Johnny Gilbert. The only chance of capturing these ruffians seems to be by offering a large reward. (See reward notice above right.)
As Hall continued to carve out a name for himself in this lawless world, the echo of a once familiar name - Gardiner - still resonated with many reported robberies. Yet the erstwhile leader's whereabouts remained an enigma, prompting one correspondent to comment:
After every enquiry could hear of no confirmation of the report, nor of any stranger having visited that quarter bearing any resemblance to the redoubted bushranger. Verily, there are as many Gardiners in the colony as there were Richmond’s at Bosworth field.⁵³
Author's Note: The Police Regulation Act was passed by the NSW Colonial Parliament, and as of the 1st March 1862, all existing police forces amalgamated to establish the NSW Police Force under former Army Captain John McLerie as Inspector General.
Ernest Bowler, a familiar associate of Ben Hall, shared an intriguing account of Hall's activities in the early months of 1863, as recounted in 'The Moleskin Gentry'. On this particular instance, Bowler had been mustering cattle on the expansive pastures of the Charter's Pinnacle Station. As the sun was beginning to set, his party ascended a mountainside, only to stumble upon two hobbled horses - stolen, by all appearances. Bowler recognised the horses as his own and those of a friend, presumably taken by Hall. One was a fine bay, the other a dappled grey. Proceeding with caution, Bowler disengaged the hobbles and spurred the horses towards the Pinnacle stockyard with all haste.
Later that evening, Bowler found himself back at the public house on the Pinnacle Station, sharing a meal in the kitchen when whispers that 'The Boys' (local slang for bushrangers) were lurking nearby began to circulate. Bowler vividly recounts Hall's dramatic arrival following the earlier recovery of the horses:
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| Earnest Bowler 1830-1896 Private Source. |
Later that evening, Bowler found himself back at the public house on the Pinnacle Station, sharing a meal in the kitchen when whispers that 'The Boys' (local slang for bushrangers) were lurking nearby began to circulate. Bowler vividly recounts Hall's dramatic arrival following the earlier recovery of the horses:
Ben Hall appeared at the back door. Nothing was said for a while. Hall, Ernest noted was wearing a cabbage tree hat that seemed new. He stood somewhat menacingly, a hand on each doorpost. It was perhaps, Hall's silent warning to a man he respected that it is unwise to liberate hobbled horses. When at last Ernest said, “Good evening,” Hall nodded curtly and moved away.
Bowler, along with the others present, harboured a gnawing fear that 'The Boys' might swoop down upon them, seize their cash, and make off with their horses. In a bid to forestall this looming threat, two messengers hastily made their way to the Pinnacle police station, a mere three-quarters of a mile away. They managed to convince the sole constable in charge, a man by the name of Constable Knox, to accompany them back to the public house to provide some form of protection. It was reputed that Constable Knox was involved in a romantic relationship with the widow Mrs. Feehiley, who was the sister of Dan Charters. In retrospect, Constable Knox's decision to accompany the messengers back to the public house was a grave misjudgement. Contrary to their fears, the Pinnacle station's public house was not the intended target of 'The Boys'.
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| NSW Police Gazette, February 1863. |
The most impudent of robberies it has ever been our lot to record was perpetrated on Saturday last, at the Police Station, at the Pinnacle, between Forbes and Lambing Flat. It appears that the station has been usually occupied by three troopers. Last week, however, two of these, including the officer in charge, had occasion to come to Forbes; the third was accordingly left behind, with instructions not to leave his post. On Saturday morning, when the men were returning, from Forbes, they were met by the trooper from the station, who reported that the place had been broken into during his temporary absence, and robbed of firearms, a pair of saddle-bags, and other property. Suspicion rested upon two men who had been seen about the neighbourhood, namely, Benjamin Hall and John Daley. Pursuit was immediately commenced, and Hall and Daley were soon within view. On the tracker approaching them, one of the fugitives turned and fired at him, but happily missed his aim., The tracker attempted to return the compliment, but his revolver missed fire. It is to be hoped the desperadoes are by this time in safe custody.⁵⁴
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| Pinnacle Station with Weddin Mountains in the background. |
Recognising the men, Hollister and his two trackers immediately took up pursuit, engaging in a high-stakes chase peppered with gunfire. One of Hollister's trackers, Billy Dargin, later provided a firsthand account of the harrowing events that unfolded.
Followed them at that time with Prince Charlie and Trooper Hollister. Chased them for three miles and a half, and should have taken them but for Hollister getting thrown from his horse through running against a tree; saw Daley snap his revolver three times at Charlie.⁵⁵ (For more on Billy Dargin see The Traps Page.)
Note: William Hollister was an American by birth and a former world travelling sailor who worked as a Trimmer on sailing ships, resigned as a crew member to try the NSW goldfields and soon after joined the NSW Police force in early 1862. Coincidentally he was a crewman onboard the 'City of Sydney' that arrived in Sydney with a passenger named F. Pottinger in 1860 from Melbourne.
Trooper William Hollister, noted for his efficiency, maintained a personal diary throughout his service. He recorded the chase and attempted capture of Hall and Daley in an entry dated Saturday, 7th February 1863. The diary entry stands as a vivid testament to the fraught nature of policing in these lawless territories, offering us a firsthand glimpse into the perils and frustrations of pursuing these elusive outlaws.
On Saturday 7th instant the Pinnacle barracks were broken into and robbed of one rifle one carbine 10 rounds of rifle ammunition one pouch and bridle one pair of saddle bags belt one gunnysack one flask of powder two pair of handcuffs two Crimean shirts &c. Ben Hall was tracked from the barracks to Uar by constable Knox." Diary entry Sunday 8th February 1863;"With Dargin (Tracker) from this station to Uar from Uar to Pinnacle reefs from reefs to this station. Myself and Dargin from Forbes met constable Knox at Uar and took up the tracks and ran them for about 12 miles and came upon Ben Hall and Patsy Daly within about 3 miles of the Pinnacle reefs and chased them about one mile when my horse ran me against a tree Daly tried to shoot one of the Black Trackers McFenns black fellow was with me through me getting the fall Hall and Daly escaped came to Pinnacle Police Station. When I met Knox, I sent him back to this station.
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| NSW Police Gazette, March 1863. |
Trooper Hollister harboured no doubts that it was Ben Hall he was pursuing. The robbery at the Pinnacle Station would prove consequential for Constable Knox, leading to his dismissal from the NSW police force.
The Pinnacle Station and its police presence were depicted in a 1863 edition of the Sydney Morning Herald:
This is the name given to a mountain range lying about a couple of miles to the right of the road from Forbes to Young. It has been made familiar to Sydney's ears from having been frequently mentioned during the course of the trial of the escort robbers, as the home of Charters, the approver, who lived there with his sister. It takes its name, as I was informed-for I had no opportunity of examining the locality closely from a peculiarly-shaped hill that forms part of the range. The Pinnacle station lies about half a mile off the road and was until lately a public house. The locality has long been regarded as a suspicious one, because the Pinnacle Range, like that of the Weddin, affords complete shelter, in its many almost inaccessible fastnesses, and offers a ready asylum through being so near the road. Captain M'Lerie, on his recent visit, established a police station here. The barracks are erected by the roadside and about a mile on the Forbes side of the Pinnacle squatting station. it was supposed that this would effectually cut off the bushrangers from the Pinnacle range, or at all events prevent them from making it a regular haunt.
During the pursuit led by Hollister, words were fired along with bullets. Hall later confided in Inspector Norton that Hollister had threatened to shoot him, a sentiment he reciprocated. This pattern of denial on Hall's part could be traced back to the Bacon robbery of April 1862. In that incident, Hall claimed that he and John Youngman stumbled upon the crime while Gardiner was orchestrating the hold-up. After his arrest, Hall managed to secure a questionable not-guilty verdict, allegedly through bribery. Can one man really be so unlucky as to constantly be in the wrong place at the wrong time, or was Hall simply a master of playing the innocent bystander? The evidence leans towards the latter. Ben Hall was deeply involved in criminal activities, a fact corroborated by his brother William.
Numerous newspaper reports, entries in the NSW Police Gazette, and accounts by respected citizens like Ernest Bowler and Charles MacAlister, among others, all provide solid evidence for what the police had long suspected: Ben Hall had long been embroiled in the world of bushranging, a fact all too familiar to the local populace of the Lachlan region.
After his encounters with Knox and Hollister, wherein shots were exchanged, the NSW Police Gazette published a disturbing account on February 13, 1863. This report detailed an attack on an elderly woman named Mrs. Mary Finnigan. Mrs. Finnigan, who ran a shanty near Forbes, was known locally for her benevolent nature. The report read as follows:
Mrs. Finnigan's Shanty had frequently served as a rest stop for the police in their pursuit of Hall, Gilbert, O'Meally, and Daley. The New South Wales Police Gazette reported an incident involving two men who bore a striking resemblance to Ben Hall and either Patsy Daley or John Gilbert. The men entered Mrs. Finnigan's shanty, which doubled as her home, and committed a terrible act against the helpless woman. Daley's family resided at the Arramagong station, once shared with the O'Meally's, and Gilbert was also known to take refuge at the O'Meally's shanty. Police described the O'Meally's as having reddish-brown hair, a description that did not fit Gilbert and Daley.
The brutal attack on Mrs. Finnigan marked a turning point in Ben Hall's criminal career. The incident at the Pinnacle had already exposed Hall's ruthless nature, but his assault on Mrs. Finnigan indicated a drastic escalation in his disregard for societal norms. Now, more than ever, Hall seemed to be on a reckless path that could only end in prolonged imprisonment, death on the gallows, or a violent end in a shootout.
For those who had known Ben Hall in his early years as a diligent stockman, the transformation was shocking. They had watched with increasing dismay as Hall spiralled from a respected station owner into a notorious outlaw. His association with the likes of Gardiner, John Gilbert, and O'Meally had erased any lingering doubts about his life of crime. His lawless activities were not mere rumours but a well-established fact, which made him a high-profile target for the relentless NSW police, led by the zealous Inspector Pottinger. Having missed the opportunity to convict Hall for his involvement in the Bacon and Eugowra robberies, Pottinger was eager to see Hall captured and ultimately hanged for his crimes.
One might also note that the accomplices Hall kept were often from similar backgrounds as himself. Like him, they were children of convicts, raised among cattle and horse thieves who took advantage of any opportunity to steal. This new breed of bushrangers, including John Peisley, O’Meally, and Fred Lowry, shared a common bond of lawlessness passed down through generations. Family ties and close friendships often drew Hall and his associates into their criminal lifestyle, and the older generation's tales of past adventures and their longstanding distrust of authority played no small part in influencing them. Prolonged idleness likely exacerbated the situation, leaving young men such as Hall susceptible to the allure of crime. The 'Empire' newspaper on March 12th, 1863, aptly summarised the bushranging epidemic's adverse impact on the country:
Renowned bushranger historian J.H.M. Abbott, writing for 'The Truth' in March 1935, offered an insightful perspective on the roots of modern bushranging and its seductive power over impressionable native-born youths. He observed:
Undoubtedly, Harpur's intimate knowledge of the Lachlan bushrangers was likely informed through his mother. His familial ties subsequently tarnished his reputation within the NSW Parliament, as he was perceived as being lenient due to his family's associations. This leniency was notably absent in his stance towards the rigorous measures proposed by the Cowper Government to address the bushranger menace. In July 1863, Harpur's perceived soft approach was brought to light:
As Ben Hall continued to commit acts of highway robbery, his methods grew increasingly brutal. His routine involved stripping male victims to their undergarments to search for valuables, handing out beatings and even floggings, as in the case of Mrs Finnigan. He would brandish or fire his revolvers at those who resisted his commands. Thus far, through some stroke of luck, he had not yet murdered or seriously injured anyone in cold blood.
However, on the 15th of February 1863, just a week after the Pinnacle Police station robbery and two days before the brutal assault on Mrs Finnigan, a heinous murder was committed, suspected to be the work of Ben Hall. On that fateful evening, a well-respected businessman named Adolf Cirkel, originally from Germany, was shot dead at Stoney Creek. Cirkel, an enterprising individual, owned 'The Miners Home Inn', situated three miles south of Lambing Flat township, as well as a bakery shop that served popular pastries to the local miners.
Around six to seven o'clock in the evening, John O'Meally and John Gilbert reputedly arrived at 'The Miners Home Inn'. As the evening unfolded, a gunshot echoed, and Mr Cirkel was found dead, shot by John O'Meally.
However, the witnesses described the culprits as one tall man and another short and stout. This description, particularly the characteristic of being short and stout, conflicts with the long-standing belief that John Gilbert was the second perpetrator. The 'Empire' newspaper published on Thursday, 26th February 1863, had the following to say:
Ben Hall's description of the stout man raises suspicions that he may have been present at the scene, as Hall was often seen in the company of O'Meally during January and February 1863. The notion of Gilbert's involvement seems questionable, if not downright misleading, especially considering that Gilbert did not participate in Inspector Norton's capture two weeks later.
Following Mr. Cirkel's murder, a group of fellow German diggers, suspecting O'Meally's involvement, sought justice. They made their way to O'Meally's public house in the Weddin Mountains, where they arrested Patrick O'Meally, Patrick MaGuiness (an associate of Gardiner), and a 16-year-old youth named Brown.
Believing they had captured the right men, they forcefully brought them back to the crime scene. However, when Patrick O'Meally was presented in court, no eyewitness could identify him as one of the murderers. Subsequently, he was released, 'leaving the court with a laugh,' as reported by 'The Burrangong Star'.⁵⁷
With the escalating wave of robberies in the Lambing Flat district and the shocking murder of Mr. Cirkel, the local populace was on edge. Rumors were circulating that the notorious outlaw Frank Gardiner was in the vicinity, adding to the fear and tension in the community.
Following the robbery, the use of the stolen Pinnacle police items appeared in the 'Sydney News:
On March 6, 1863, a reporter from the 'Goulburn Chronicle' arrived in the town and provided a first-hand account of the events, using the victim's own words. In a harrowing and detailed report, Mr. Solomon shared his ordeal at the hands of the bushrangers.
The article gave a vivid account of the audacity and ruthlessness of Ben Hall's gang during the robbery. Solomon recounted how they burst into his store in the middle of the afternoon, their pack horses waiting outside to carry off their spoils. Despite the terrifying threat to his wife's life, his shop boy showed remarkable courage, attempting to stand up to the intruders.
In addition to detailing the events of the robbery, the report also served to highlight the brutal and lawless nature of the bushrangers. Their threats against Mrs. Solomon, who was heavily pregnant at the time, were particularly shocking, showing a clear disregard for innocent lives.
The eyewitness account provided by Mr. Solomon served to heighten the sense of fear and urgency felt by local communities in the face of these escalating crimes. The report also shed further light on the identity of Jack O'Meally as the individual who had earlier fired the fatal shot that killed Mr. Cirkel.
The article from March 6th, 1863 also offered a stark portrayal of the police's indecisiveness in response to the robbery. Their sluggishness when informed of the crime, their lackluster investigation upon arrival, and their failure to efficiently track the bushrangers was distinctly laid out in the report.
This portrayal painted a picture of a police force that was either incapacitated by fear or hampered by apathy. The bushrangers were running rampant, and the police, who should have been the protectors of the community, seemed unable to counteract the escalating threat.
The police's actions, or lack thereof, further frustrated and frightened the local communities. People looked to the police for protection and justice, but they were being let down. The authorities' seeming inability to control the situation only served to embolden the bushrangers, allowing them to continue their reign of terror with seeming impunity.
Indeed, Ben Hall's transformation from a well-regarded squatter to an infamous bushranger was complete. His respectable standing in society had been irreparably tarnished, as he fully embraced the life of a criminal on the run. This drastic change of course aligned with his own prophetic words shared with Ernest Bowler at Toogong following his trial in Orange in May 1862. He had embarked on his "jant", a slang term implying a spree or bout of unrestrained activity or behaviour, aligning with his descent into lawlessness. He had transitioned from a gentleman of the Moleskin to a member of the Gentry of the Bush, both admired and feared by the society he once was a part of. His life had taken an irrevocable turn, marking the beginning of his notorious career as one of Australia's most infamous bushrangers.
Ben Hall, prior to his entering upon the career of a bushranger, bore an unexceptionable character. He was well known in the Lachlan District as a hardworking, industrious, and honest man, who had by his own efforts risen from a humble position to be the proprietor of a station. A squatter of that district stated that he had known Hall intimately for some years, and that his character for honesty and industry stood so high that he would have trusted him with all he possessed.
Unfortunately, Hall became implicated in a horse-stealing case, and although the charges were dismissed, his reputation had been tarnished. The police, however, seemed to have marked him down, and on more than one occasion he was brought up on charges which were later proved to be entirely false. This injustice, and the suspicion which was constantly thrown upon him, caused Hall to become reckless, and he eventually threw in his lot with the bushrangers.
He was a man who might have been reclaimed, who might have been made a useful member of society, but the law and its administration instead of reaching out a hand to save him, pushed him to the very brink of the precipice, and then left him to his fate. No wonder that, feeling himself outlawed and persecuted, he should become a desperate and dangerous criminal.
Redman's depiction of Hall's story stirred sympathy and evoked questions about the workings of the judicial system. According to Redman, Hall was driven to a life of crime due to continuous targeting by the police, despite the charges against him being proved false repeatedly. It was the failure by the systems heavy hand, Redman argued, that transformed a hardworking, honest man into one of the most notorious bushrangers in Australian history.
It's important to note that he did not operate in a vacuum. He was influenced by individuals like Gardiner and sought their approval, adopting the same blend of charm and menace in his interactions with others. This dual persona could have been an attempt to maintain some level of public sympathy or gain protection from those he encountered. However, such calculated manipulations do not negate the seriousness of his crimes.
Furthermore, the assertion that his actions were due to external circumstances such as police pressure or marital troubles lacks substance when weighed against his subsequent actions. The choices Hall made were not reactionary but premeditated and strategic, indicating a degree of agency in his actions.
Next in the annuls of outrage Hall and his associates attempt to kill a police inspector and a blacktracker illustrating a level of aggression and lawlessness that characterised Hall's activities. Such instances highlight that despite any perceived veneer of respectability or charm, at his core, Hall was a violent and dangerous man.
On March 1st, 1863, Inspector Norton and Billy Dargin, a clever police tracker, were on patrol near Sandy Creek and Pinnacle Station in the Wheogo region. While carrying out their duties, they encountered two men on horseback. Before they could react, a third man, armed and seemingly menacing, emerged. They were Ben Hall, John O'Meally and Patsy Daley.
The presence of these men was suspicious, and it was clear that this chance meeting was about to take a dangerous turn. Norton and Dargin prepared themselves for a potential confrontation. In these perilous times, officers of the law had to always be ready for encounters with outlaws who were just as likely to fight as they were to flee. The event and outcome are narrated by Inspector Norton in his own words:
George Boyd was born in the scenic town of Enniskillen, nestled within County Fermanagh, Ireland. Like many of his countrymen, he ventured towards the new horizons, arriving in Australia in 1862. Not one to shy away from duty and responsibility, he enlisted in the New South Wales Police Force in February of 1863, beginning his service as a Supernumerary. His devotion and tenacity were reflected in his lengthy service of 44 years. Rising through the ranks, he reached the esteemed position of Senior Sergeant before retiring in 1907. Boyd lived out his remaining years in the tranquil town of Windsor, passing away in 1923.
Boyd's career coincided with a tumultuous period in Australian history, marked by the notorious activities of bushrangers. The most infamous of these events involved the audacious capture of Inspector Norton by bushranger Ben Hall, which sent shockwaves of disbelief and embarrassment throughout the New South Wales Police Force.
The bushrangers' shrewdness, their superior horses, and weaponry, and most crucially, their intimate knowledge of the local terrain, often gave them the upper hand in their confrontations with the police. Their exploits became a source of both fear and fascination for the colonists, a vivid manifestation of the harsh realities and unpredictable nature of life in the Australian outback.
An intriguing postscript to these events was found in a report from 'Bell’s Life in Sydney and Sporting Chronicle.' The publication speculated about the potentially tragic consequences had it been Sir Frederick Pottinger, not Norton, at the mercy of the bushrangers. It suggested that Pottinger's encounter with the bushrangers could have ended not in capture but in bloodshed, a sobering reflection on the danger that these lawmen faced in their tireless pursuit of justice.
By the end of February 1863, Hall had earned a reputation as being armed and dangerous. Historically, some have cast doubt on Hall's involvement in criminal activities prior to the robbery at Pinnacle Police Station. However, let's put such conjecture to rest right now! When the evidence is closely scrutinised, it's clear that Hall's illicit activities and association with the likes of Gardiner began around 1861. Although Hall proclaimed his innocence during the Bacon robbery, eyewitness accounts from the Bacon affair in April 1862, the Gold Escort attack at Eugowra in June 1862, and the subsequent Pinnacle hold-up, all suggest a different narrative.
His collaboration with Patrick Daley in the Pinnacle hold-up was confirmed by eyewitness accounts. It wasn't a case of mere coincidence. Even when Hall claimed he merely ran into Daley for a drink at Allports' pub and was incidentally in the vicinity during the Pinnacle hold-up, Constable Knox identified him as Daley's accomplice. Knox would have been familiar with Hall from his time spent at Pinnacle with Charters. It was also common knowledge that Constable Knox was romantically involved with Daniel Charters' widowed sister, Margaret Feehily.
However, Hall's account — that he had left Allports with Daley and was casually riding home when trooper Hollister began pursuing them based on Knox's information — doesn't hold water. Why would an innocent man flee and brazenly exchange gunfire with troopers? This act alone gives credence to the guilt he professed to not bear. And it was unfortunate for Hall that Hollister knew him well, most likely due to Hollister's awareness of Hall's notorious associations and recent criminal activities.
His collaboration with Patrick Daley in the Pinnacle hold-up was confirmed by eyewitness accounts. It wasn't a case of mere coincidence. Even when Hall claimed he merely ran into Daley for a drink at Allports' pub and was incidentally in the vicinity during the Pinnacle hold-up, Constable Knox identified him as Daley's accomplice. Knox would have been familiar with Hall from his time spent at Pinnacle with Charters. It was also common knowledge that Constable Knox was romantically involved with Daniel Charters' widowed sister, Margaret Feehily.
However, Hall's account — that he had left Allports with Daley and was casually riding home when trooper Hollister began pursuing them based on Knox's information — doesn't hold water. Why would an innocent man flee and brazenly exchange gunfire with troopers? This act alone gives credence to the guilt he professed to not bear. And it was unfortunate for Hall that Hollister knew him well, most likely due to Hollister's awareness of Hall's notorious associations and recent criminal activities.
Ben Hall, Daley, and O'Maley, three well-known bushrangers.
Numerous newspaper reports, entries in the NSW Police Gazette, and accounts by respected citizens like Ernest Bowler and Charles MacAlister, among others, all provide solid evidence for what the police had long suspected: Ben Hall had long been embroiled in the world of bushranging, a fact all too familiar to the local populace of the Lachlan region.
After his encounters with Knox and Hollister, wherein shots were exchanged, the NSW Police Gazette published a disturbing account on February 13, 1863. This report detailed an attack on an elderly woman named Mrs. Mary Finnigan. Mrs. Finnigan, who ran a shanty near Forbes, was known locally for her benevolent nature. The report read as follows:
Mrs Finnigan—an elderly widow whose generous hospitality to penniless travellers keeps her poor.
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| NSW Police Gazette, 13th February 1863. |
The brutal attack on Mrs. Finnigan marked a turning point in Ben Hall's criminal career. The incident at the Pinnacle had already exposed Hall's ruthless nature, but his assault on Mrs. Finnigan indicated a drastic escalation in his disregard for societal norms. Now, more than ever, Hall seemed to be on a reckless path that could only end in prolonged imprisonment, death on the gallows, or a violent end in a shootout.
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| Gardiner & Gilbert. c. 1862. |
One might also note that the accomplices Hall kept were often from similar backgrounds as himself. Like him, they were children of convicts, raised among cattle and horse thieves who took advantage of any opportunity to steal. This new breed of bushrangers, including John Peisley, O’Meally, and Fred Lowry, shared a common bond of lawlessness passed down through generations. Family ties and close friendships often drew Hall and his associates into their criminal lifestyle, and the older generation's tales of past adventures and their longstanding distrust of authority played no small part in influencing them. Prolonged idleness likely exacerbated the situation, leaving young men such as Hall susceptible to the allure of crime. The 'Empire' newspaper on March 12th, 1863, aptly summarised the bushranging epidemic's adverse impact on the country:
If once detected in cattle stealing, they become depredators on a large scale, bushrangers of a more dangerous kind than the colony has yet known, having resourced in themselves and their surroundings of which the poor outlaws under the old penal system were utterly devoid. Horses they have the pick of the country and friends and brothers wherever they go. Hence the class of bushrangers who have, within, the last few years spread terror throughout the country districts. PEISLEY, GARDINER, GILBERT, are each and all "bush natives;" at first stockmen, drovers, or horse breakers, suspected or found guilty of cattle stealing, and taking to the bush to avoid as long as possible apprehension and punishment, and so entering upon a career of crime that has conducted PEISLEY, and is likely to conduct the others, to the gallows. But the ignominy and distress which these men have brought down upon their own heads is not confined to them. The influence they have exercised over their young countrymen has been of the most pernicious kind and disastrous consequences. Already some who have been misled by GARDINER, are doomed to expiate their complicity with his criminal designs and doings, by an ignominious death on the scaffold.
The article continued:
A given number of GARDINERS and GILBERTS, obtaining the ascendancy, must soon transform Australia into a howling wilderness, where men more savage and unreasoning than wild beasts could only anticipate starvation by mutual slaughter. But the class we are speaking of are not generally capable of reflecting upon the effects of a certain course of action upon the general interests of society, or upon their own individual welfare as bound up therewith. They have never been taught to think, and scarcely to read. They are not, therefore, readers of newspapers, and have no turn for politics. And, as might naturally have been expected, whatever smatterings of speculative politics the more intelligent amongst them possess are decidedly obstructive. For "bush natives," as a general role, are the rankest of colonial Tories. (Tories-a dispossessed Irishman who resorted to banditry)
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| J.H.M. Abbott. c. 1919. |
A great many ex-convicts — 'oldhands' was the generic term— were scattered about the bush on small holdings, and a large proportion of them were hard-working, honest people who were doing well in the development of the country they had been compelled to adopt. But nearly always, deeply ingrained in their characters, was an antagonism to the laws that had made them exiles and to those who administered them. Their sympathies were wholly with anyone who made war on society, and their offspring very naturally inherited these views. Besides these people, there were innumerable wanderers about the countryside—shepherds, bullock-drivers, axemen, shearers and drovers—and when they were working together their principal intellectual recreation was spinning yarns, or listening to them, about the convict days. Men like Jack Donohoe, Brady, William Westwood (Jacky Jacky), or Martin Cash had songs made about their more conspicuous exploits, or about their inherent nobility of nature.
Years later, Frank Gardiner himself reflected on why young men were
drawn to the wilderness and subsequently into the world of bushranging.
He expressed his thoughts as follows:
From want of suitable, employment. Young men can find no employment in the country districts except herding sheep or stock-riding. The latter occupation leads to horse-stealing simply because you become wholly engrossed in horseflesh, and the crime is so easily committed that you do not think of the consequences. Horse-stealing and horse "sojering" are of everyday occurrence in certain parts of the country.
When asked why Gardiner replied:
I do not know; I was young at the time and spent my money as quickly as I got it. I thought it an easy life for a while.
The regularity of the bushrangers' outrages and their successes were often due to their ability to remain one step ahead of the frequently befuddled NSW police. Their achievements and easy access to money were facilitated by reliable intelligence. Furthermore, they had a wide selection of high-quality thoroughbred horses and a variety of firearms easily obtainable from many larger stations. In contrast, the NSW police had to contend with inferior horses and subpar equipment. The law enforcers also had to deal with numerous settlers who were in league with the desperadoes and had established a 'Cone of Silence' against the police.
However, an article published in the 'Sydney Morning Herald' on 17th February 1863 expressed hope that the NSW Government, through the police and the courts, would soon eliminate all the troubled districts' bushrangers. This included their extensive network of supporters and minor squatters. Expectations were high, as reported:
The regularity of the bushrangers' outrages and their successes were often due to their ability to remain one step ahead of the frequently befuddled NSW police. Their achievements and easy access to money were facilitated by reliable intelligence. Furthermore, they had a wide selection of high-quality thoroughbred horses and a variety of firearms easily obtainable from many larger stations. In contrast, the NSW police had to contend with inferior horses and subpar equipment. The law enforcers also had to deal with numerous settlers who were in league with the desperadoes and had established a 'Cone of Silence' against the police.
However, an article published in the 'Sydney Morning Herald' on 17th February 1863 expressed hope that the NSW Government, through the police and the courts, would soon eliminate all the troubled districts' bushrangers. This included their extensive network of supporters and minor squatters. Expectations were high, as reported:
Acting under the direct instructions of the Executive Council through the Chief Secretary, the Inspector-General is adopting stringent measures to put an end to those acts of bushranging which have been so frequent during the last eighteen months or two years. It is understood that a considerable amount of information is in the hands of the Government which is likely to lead, not only to the apprehension of the parties actively engaged in these lawless deeds but also of persons in various stations of life who have afforded them harbour and succour. Should success attend the exertions of the police with regard to the latter class of offenders, the public will be surprised to find that Gardiner and Co have been sheltered and supplied with provisions if not with the munitions of war, by individuals who carry their heads somewhat high amongst their fellow colonists. The outrooting of what a witness at the late trials designated "a public-house, but which had no license," and the cancelling of the squatting licenses of those parties whom the Government have good reason to suspect are, or who have been, harbouring bushrangers, will, it is generally expected, be resorted to without delay. A considerable number of picked men, detectives and other police, have been already dispatched to the lawless district. Captain Battye is engaged in scouring the country about Murrumburrah, Burrowa, Marengo, and the diggings, and he will now be ably supported in his movements by some of the pick of the detectives. All accounts that have recently reached us of acts of "sticking up"' state that the robbers chiefly sought for firearms, although well-armed, themselves. This would lead to the supposition that the outlaws had increased in number, and that guns and revolvers were required for the recruits. The police station at Bogolong (Pinnacle) was attacked for that purpose, and it may, therefore, be expected that unless the police are successful in breaking up the gang, some desperate work will be done, before the winter sets in.
Accordingly, for the townsfolk of Forbes, the ease in which the Pinnacle Police station was raided and other outrages taking place daily created great concern. The citizens of rural towns were on edge due to the scarcity of police protection. Numerous instances occurred where the local police were led astray by endless wild goose chases, a result of the misinformation propagated by Ben Hall and Gardiner, even though Gardiner had long since departed the region. The 'Lachlan Observer' on February 18th, 1863, noted the police deployment for various Western NSW towns. No fewer than 47 troopers were stationed at Forbes, a town with a fluctuating population of around 20,000. Additionally, 22 police were stationed at Young, home to an itinerant population of 10,000, and 17 police at Bathurst, a community of 5,000.
In certain situations, local residents stepped in to fill the void, adopting the roles of self-styled constables. These individuals often administered vigilante-style justice, doling out summary punishments to transgressors, as highlighted:
In certain situations, local residents stepped in to fill the void, adopting the roles of self-styled constables. These individuals often administered vigilante-style justice, doling out summary punishments to transgressors, as highlighted:
A few nights ago, a man was bailed up by a fellow opposite Dave White's establishment in Rankin street, and, on his calling out lustily, the pugilist-to his credit be it spoken-rushed to the rescue and administered a sound thrashing to the would be robber, The town is now almost destitute of police protection, the whole of the detectives being employed elsewhere, and the police generally being either at Orange, Bathurst, or some other distant locality attending to their various duties. Seeing that the Pinnacle police station has recently been taken possession of by the bushrangers, in order to secure the firearms and ammunition, we would advise sergeant Rush to "keep his powder dry," and make ready for a similar, visitation. (Sgt Rush was the Forbes lock-up keeper.)
As Ben Hall was igniting chaos across the western plains, other long-past criminal activities related to the Hall family at Murrurundi were brought to light in parliament, events still vivid in the memories of some. 'The Empire' newspaper in 1863 revisited one such episode concerning the past criminal exploits of Ben Hall's father. This incident was commented on by Mr. Joseph Jehosephat Harpur, a Parliamentarian.
Harpur represented the Hunter Valley seat of Patrick Plains, NSW. Importantly, Harpur was the son of Sarah Walsh, the stepmother to Bridget Hall and hence Ben Hall's stepmother-in-law. Given his close familial ties, Harpur was privy to all of Ben Hall's antics and robberies, and it is plausible that he benefited indirectly from the proceeds of those criminal activities via Elen Maguire. Therefore, Harpur was keenly aware of the activities within the bushranger fraternity.
After all, three of his mother's stepdaughters, who were also Harpur's stepsisters, were involved in relationships with individuals deeply entrenched in criminal activities. Harpur shared his insights:
As Ben Hall was igniting chaos across the western plains, other long-past criminal activities related to the Hall family at Murrurundi were brought to light in parliament, events still vivid in the memories of some. 'The Empire' newspaper in 1863 revisited one such episode concerning the past criminal exploits of Ben Hall's father. This incident was commented on by Mr. Joseph Jehosephat Harpur, a Parliamentarian.
Harpur represented the Hunter Valley seat of Patrick Plains, NSW. Importantly, Harpur was the son of Sarah Walsh, the stepmother to Bridget Hall and hence Ben Hall's stepmother-in-law. Given his close familial ties, Harpur was privy to all of Ben Hall's antics and robberies, and it is plausible that he benefited indirectly from the proceeds of those criminal activities via Elen Maguire. Therefore, Harpur was keenly aware of the activities within the bushranger fraternity.
After all, three of his mother's stepdaughters, who were also Harpur's stepsisters, were involved in relationships with individuals deeply entrenched in criminal activities. Harpur shared his insights:
I remember when old Ben Hall robbed one Brown of a splendid horse, which he almost worshipped. A gentleman gave information to Brown about the robbers but charged him to make no use of the information because if it were suspected that he had given the information, he would not be safe for a moment. The man Brown came to him (Mr Harpur), who was then young and daring. He went with the owner of the horses, in pursuit of the robbers, and was near losing his life. Such was the state of things on the Hunter in the time of old Ben Hall, the father of the present Ben Hall, who had always been bad. They were connected with a gang of cattle stealers.⁵⁶
Undoubtedly, Harpur's intimate knowledge of the Lachlan bushrangers was likely informed through his mother. His familial ties subsequently tarnished his reputation within the NSW Parliament, as he was perceived as being lenient due to his family's associations. This leniency was notably absent in his stance towards the rigorous measures proposed by the Cowper Government to address the bushranger menace. In July 1863, Harpur's perceived soft approach was brought to light:
No one would suppose that the hon. member (Mr Harpur) would put before the House a statement he did not himself believe, or that he would advocate the cause of robbers and murderers—no, not even were some of them his own blood relatives.
Sir Frederick Pottinger, the officer overseeing the Lachlan district, was a contentious figure who drew the ire of many, not least Harpur's mother, Sarah. Her young stepson, John Walsh, had come under Pottinger's heavy scrutiny as a suspected thief and was widely considered to be the horse handler for the notorious bushranger Frank Gardiner. Consequently, Harpur had a deep-seated bias against Pottinger, influenced heavily by his mother. Using his parliamentary privilege, Harpur would publicly denounce Pottinger as a coward, criticizing the officer's heavy-handed tactics and his perceived harassment of his mother:
In the course of the debate, it transpired that Sir Frederick Pottinger had sent a friend to demand satisfaction from Mr Harpur, the member for Patrick's Plains, who had some time since stigmatised Sir Frederick as a coward.
However, on the 15th of February 1863, just a week after the Pinnacle Police station robbery and two days before the brutal assault on Mrs Finnigan, a heinous murder was committed, suspected to be the work of Ben Hall. On that fateful evening, a well-respected businessman named Adolf Cirkel, originally from Germany, was shot dead at Stoney Creek. Cirkel, an enterprising individual, owned 'The Miners Home Inn', situated three miles south of Lambing Flat township, as well as a bakery shop that served popular pastries to the local miners.
Around six to seven o'clock in the evening, John O'Meally and John Gilbert reputedly arrived at 'The Miners Home Inn'. As the evening unfolded, a gunshot echoed, and Mr Cirkel was found dead, shot by John O'Meally.
However, the witnesses described the culprits as one tall man and another short and stout. This description, particularly the characteristic of being short and stout, conflicts with the long-standing belief that John Gilbert was the second perpetrator. The 'Empire' newspaper published on Thursday, 26th February 1863, had the following to say:
On Sunday evening last, two men came to the Miners' Home Inn between six and seven o'clock and proceeded to the back of the house. One of them went into the house after fastening up his horse, and the other hooked his on the garden gate and asked the ostler to go into the bar and have a nobbler. He complied with the ruffian's request. When he did so, he was ordered by his companion to go and sit down in the corner of the taproom, not far from the bar. The shortest of the two men (the one that first went in) walked behind the bar, and said to the man who acted as barman during Mr Cirkel's absence, that he wanted the money, and helped himself to the contents of the till—about five pounds in silver. Both the robbers had nobblers. They were each well armed with revolvers. The taller of the two stood near the entrance to the bar, covering with his revolver the people bailed up in the corner, the back door, and the one leading into the next room close to the back door. Whilst this was going on, Mr Cirkel, who had been in the bakehouse, entered the taproom by the front door, which is opposite the counter. The tall man asked him to go and sit in the corner with those already there. He answered, "What for?" A struggle then ensued between the tall robber and him and there is little doubt that Mr Cirkel who was a strong, powerfully built, and very determined man, would have overpowered the other, had not the stout robber behind the bar called out to him according to the report of one witness to the scene "Blow his bloody [sic] brains out," and to another's-"Shoot the bugger." The tall ruffian immediately fired and shot the unfortunate gentleman dead. The deceased never spoke afterwards—death was instantaneous. The diabolical ruffians, after committing the murder, rushed out of the house, mounted their horses, and fled.
In the case of John Gilbert, his widely published description eliminates his presence. Gilbert was Gazetted:
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| Lambing Flat. c. 1862. Courtesy NLA. |
As of slight active build and around 10 stone, between 5ft 8in-10in with blonde hair.
Moreover, a week after Mr. Cirkel's murder, John Gilbert, accompanied by Hall, O'Meally, and Daley, proceeded to rob the Solomon Store. During this event, O'Meally reportedly threatened Solomon, warning him that non-compliance would result in a fate similar to that of Cirkel:
Told Solomon not to be too flash or they would serve him like they did the man at Stoney Creek (meaning poor Cirkel), who was too flash, and blow his bloody brains out, [sic] as they did his.
Ben Hall's description of the stout man gives rise to the suspicion of his presence as in January and February 1863 Hall was a constant companion of O'Meally. Whereby to add to Gilbert's lack of presence with Hall, O'Meally and Daley that in March 1863, Gilbert was not a participant in Inspector Norton's capture two weeks later. Gilbert's presence at Cirkel's is questionable, if not misleading at best.
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| Patrick O'Meally. c. 1880's. Penzig. |
Following Mr. Cirkel's murder, a group of fellow German diggers, suspecting O'Meally's involvement, sought justice. They made their way to O'Meally's public house in the Weddin Mountains, where they arrested Patrick O'Meally, Patrick MaGuiness (an associate of Gardiner), and a 16-year-old youth named Brown.
Believing they had captured the right men, they forcefully brought them back to the crime scene. However, when Patrick O'Meally was presented in court, no eyewitness could identify him as one of the murderers. Subsequently, he was released, 'leaving the court with a laugh,' as reported by 'The Burrangong Star'.⁵⁷
Given the nature of the crime and the individuals involved, it's plausible that eyewitnesses were too fearful of potential retaliation to positively identify the culprits. The verdict at Cirkel's inquest reflected this sentiment and maintained a level of ambiguity regarding the identities of the perpetrators.
That the deceased man came to his death by a wound from a pistol, fired by the taller man of the two men, and find a verdict of Wilful Murder against both parties, names unknown.
Following the fatal incident at Cirkel's, suspicion also fell on another outlaw, John Clarke. However, despite his physical similarities to Ben Hall - Clarke was born in 1842, stood roughly 5ft 6in to 5ft 7in tall, had a stout build and brown hair with grey eyes - no concrete evidence connected him to the crime. Clarke would eventually face his own legal troubles, being sentenced to three years for the robbery of Demondrille Station.
Following the fatal incident at Cirkel's, suspicion also fell on another outlaw, John Clarke. However, despite his physical similarities to Ben Hall - Clarke was born in 1842, stood roughly 5ft 6in to 5ft 7in tall, had a stout build and brown hair with grey eyes - no concrete evidence connected him to the crime. Clarke would eventually face his own legal troubles, being sentenced to three years for the robbery of Demondrille Station.
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| Lambing Flat. Boorowa Street. c. 1862. Courtesy NLA. |
As for some days, the whole town has been in consternation, and several rumours of Gardiner intending to make a general attack on the town have been afloat.
The daring raid on the Pinnacle Police Station by Ben Hall and Daley,
coupled with their narrow escape and gunfire exchange with Constable
Hollister, was sensational news. Bell's Life in Sydney and Sporting
Chronicle, in its edition dated 21st February 1863, keenly dissected the
event. The correspondent seemed particularly fascinated by the items
stolen from the police station by Hall, speculating on their possible
future use.
The robbery itself must astonish every one;- to attack a police station is certainly one of the most daring acts probably ever heard of. The motive, however, is the next consideration. The stealing of the police clothing is rather a mysterious affair; bushrangers would scarcely carry about property of this description, for sale, neither would they wear it except to accomplish some daring outrage in the disguise of mounted troopers; what that will be time will tell, but it would not surprise us if the escort or some of the banks were stuck-up. This, at first sight, may appear an imaginary conclusion, but when it is borne in mind that a 'number of bushrangers (we believe a large one) are infesting the roads of this district, we do not consider it at all imaginary. Look at the late robberies at Macnash's station, Mr Tout's, Herbert’s, at the West Lead, and last, not least, Mr Dickinson's; consider the property taken in almost all instances;-firearms of all descriptions-ammunition, even to the wadding, clothing, saddles, and bridles! What does all this mean but that the force is to be well armed and mounted. We are fully aware the horses are a secondary consideration, as these ruffians can very easily help them self to horses at the various stations, which are no doubt as well known to them as the wild bush itself.
Unfazed by having a murderer in their midst, Ben Hall and his gang soon set their sights on the small town of Little Wombat, near Lambing Flat. Their target was the general store owned by Mr Meyer Solomon and his wife, Julia. As the gang walked through the doors of the store, Julia Solomon was just days away from giving birth to their second child, Samuel, who would be born on the 23rd of February, 1863.
In an ironic twist, many members of Hall's gang had chosen to dress as police troopers for this particular heist, possibly using uniforms they had stolen from the Pinnacle Police Station. This tactic, while certainly bold, must have caused immense confusion and fear amongst the local populace, making the gang's lawless activities even more disruptive and threatening.
In an ironic twist, many members of Hall's gang had chosen to dress as police troopers for this particular heist, possibly using uniforms they had stolen from the Pinnacle Police Station. This tactic, while certainly bold, must have caused immense confusion and fear amongst the local populace, making the gang's lawless activities even more disruptive and threatening.
It appears that the robbery was perpetrated by four men dressed in police uniform, and hence supposed to be the same parties who lately robbed the police station at the Pinnacle.
At around 4 pm, Hall's gang arrived with their pack horses, ready to carry away their ill-gotten goods. Initially, they faced resistance from the store's owner, Meyer Solomon, who fired a shot, reportedly grazing one of the gang member's necks. Undeterred, Solomon soon fled to the safety of a nearby Chinese camp.
However, a moment of remarkable bravery came from an unexpected source - the shop boy. Seizing one of Solomon's revolvers from the counter, he aimed at one of the bushrangers. In a chilling moment, another gang member seized a pregnant Mrs Solomon, threatening to "blow Mrs Solomon's brains out" unless the boy dropped his weapon. The boy, recognising the danger to Mrs Solomon, reluctantly dropped the gun, commenting, "If it hadn't been for Mrs Solomon I'd have stopped your run."
This robbery was widely reported, including in 'The Newcastle Chronicle and Hunter River District News' on Saturday 7th March 1863. The evidence presented in these reports suggested that it was indeed Jack O'Meally who had earlier fired the fatal shot that killed Mr Cirkel. (In colonial Australia, hundreds of newspapers existed and re-produced the same articles from their original source thru the Electric Telegraph.)
However, a moment of remarkable bravery came from an unexpected source - the shop boy. Seizing one of Solomon's revolvers from the counter, he aimed at one of the bushrangers. In a chilling moment, another gang member seized a pregnant Mrs Solomon, threatening to "blow Mrs Solomon's brains out" unless the boy dropped his weapon. The boy, recognising the danger to Mrs Solomon, reluctantly dropped the gun, commenting, "If it hadn't been for Mrs Solomon I'd have stopped your run."
This robbery was widely reported, including in 'The Newcastle Chronicle and Hunter River District News' on Saturday 7th March 1863. The evidence presented in these reports suggested that it was indeed Jack O'Meally who had earlier fired the fatal shot that killed Mr Cirkel. (In colonial Australia, hundreds of newspapers existed and re-produced the same articles from their original source thru the Electric Telegraph.)
The Newcastle Chronicle and Hunter River District News
Saturday 7th March 1863
Provincial News.
Following the robbery, the use of the stolen Pinnacle police items appeared in the 'Sydney News:
Intelligence has reached the town of the robbery of Mr Solomon's store at Wombat near Lambing Flat on Saturday last. It appears that the robbery was perpetrated by four men dressed in police uniform, and hence supposed to be the same parties who lately robbed the police station at the Pinnacle. They took away two pack-horses loaded with the property. Mr Solomon reports having fired at and wounded one of the robbers in the neck, and that he can identify him.
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| Typical country store. c. 1860's. Image courtesy NLA. |
The article gave a vivid account of the audacity and ruthlessness of Ben Hall's gang during the robbery. Solomon recounted how they burst into his store in the middle of the afternoon, their pack horses waiting outside to carry off their spoils. Despite the terrifying threat to his wife's life, his shop boy showed remarkable courage, attempting to stand up to the intruders.
In addition to detailing the events of the robbery, the report also served to highlight the brutal and lawless nature of the bushrangers. Their threats against Mrs. Solomon, who was heavily pregnant at the time, were particularly shocking, showing a clear disregard for innocent lives.
The eyewitness account provided by Mr. Solomon served to heighten the sense of fear and urgency felt by local communities in the face of these escalating crimes. The report also shed further light on the identity of Jack O'Meally as the individual who had earlier fired the fatal shot that killed Mr. Cirkel.
A most daring wholesale robbery on Burrangong, at which shots were exchanged between the robbers and the robbed, but fortunately the latter escaped unkilled. Although happily unattended with the same fearful atrocity perpetrated only a few days previously at Stoney Creek when poor Mr Cirkel lost his life in an attempt to protect his property, yet this affair is a more extensive robbery than the murderers accomplished at Stoney Creek. The victim in this instance was Mr Solomon storekeeper at Big Wombat and also at Little Wombat and the robbery was committed at the latter place about fifteen miles from Young, and about five miles from Big Wombat. The particulars as I have learned from Mr Solomon are these:- About four o'clock in the afternoon of Saturday, four men mounted, and equipped with firearms something approaching the style of police in private clothes, were observed by Mrs Solomon riding towards the store, when she immediately gave the alarm to Mr Solomon who, having plenty of firearms at hand ready for action, instantly seized a musket, and ordered the door to be closed, but instead of obeying the order, the lad went outside to have a look at the men and discarding the repeated order to come in and shut the door, he cried out 'Troopers!" Troopers!" under the impression that the robbers were mounted, constables. Immediately on coming up to the door two of the fellows presented carbines (similar to those used by the police) at Mr Solomon who at the same instant levelled his musket at them and fired the ball grazing the neck of one of the fellows and tearing the collar of his coat: Two shots were fired in return, and the bullets lodged in some shirts on a shelf nearly behind Mr Solomon. By this time two of the ruffians had entered the store and seized the lad so that they could not be fired at without placing the boy’s life in danger. Mr Solomon then rushed out at the back, and made for a Chinaman's tent for help and in so doing fell headlong into the muddy bed of a creek which he had to cross. He was closely pursued by two of the robbers, who captured him in the mud and assuring him they had no intention of injuring his person, ultimately conducted him back to the store, and placed him under guard alongside Mrs Solomon and the lad. During the chase after Mr Solomon, all the four bushrangers left the store for a second, and with admirable courage and presence of mind the lad jumped over the counter, got hold of a revolver, presented it at one of the fellows who had returned to the store, and was about to pull the trigger, when the robber held a similar instrument of death close to Mrs Solomon's head, and said, "If you fire I'll blow her brains out." The counteracting threat stayed the hand, and immediately the return of another of the robbers compelled him to surrender, but with undaunted courage, he said, "Had it not been for Mrs Solomon, I would have stopped your run;" and for this noble exhibition of spirit one of the villains knocked him down and said, "If you want a pistol, get up and I'll give you one, and let me see if you are game to use it.
The lad instantly sprang on to his feet, and boldly held out his hand for the pistol saying, "Give it to me, and you'll see what I'll do" The coward who had given the challenge refused to give the pistol and obliged the lad to sit down The other two having returned with Mr Solomon, who was also placed under guard the robbers, after taking all the cash and gold they could find, amounting in all to only about £6-besides about one ounce and a half of spurious gold which they also took, then began deliberately to select goods of all descriptions-blankets, men and women's wearing apparel and boots, ribbons of various patterns, silk and cambric handkerchiefs, Neva candles, blacking and blacking brushes, all the firearms they could find, several pounds' weight of gunpowder, besides a quantity of jewellery, which they said was for the ladies on the mountains. They also took a supply of groceries, raisins, currants, &c, and helped themselves freely to fancy biscuits and lollies. Some idea of the extent of this robbery and of the cool, deliberate manner in which it was perpetrated, may be formed from the fact that it was commenced about four o clock in the afternoon, and the robbers did not leave the premises until nearly seven o'clock in the evening, when they departed in peace having four horses, two of which they also stole from Mr Solomon, heavily laden with the booty to the value of about £200. Of course, they could only travel very slowly, and thus even opportunity was afforded for pursuing them, but no pursuit was made.
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| NSW Police Gazette, 11th March 1863. |
This portrayal painted a picture of a police force that was either incapacitated by fear or hampered by apathy. The bushrangers were running rampant, and the police, who should have been the protectors of the community, seemed unable to counteract the escalating threat.
The police's actions, or lack thereof, further frustrated and frightened the local communities. People looked to the police for protection and justice, but they were being let down. The authorities' seeming inability to control the situation only served to embolden the bushrangers, allowing them to continue their reign of terror with seeming impunity.
One policeman only was on duty at Little Wombat, and of course he could not leave the station, or rather the apology for one, for fear it too should be robbed of perhaps an old corroded pistol or two. At any rate, two Chinamen volunteered to ride into town to give information at the police camp at Young, and the affair was known in town about eight o'clock in the evening, yet strange to say, the troopers did not arrive at Mr Solomon’s place until about two o'clock am on Sunday, when detective Wolf, the sub inspector of police, with his gloves on, and two troopers arrived, expressed their surprise, but from the darkness of the night, could not trace the bushrangers. At day light, they succeeded in tracing them; for upwards of ten miles, in the direction of the Weddin Mountains, where, from the want of a tracker, and exhaustion, as most of the police had just returned from Yass, they were obliged to discontinue the pursuit.
The bushrangers who orchestrated the Solomon's robbery included Ben Hall, John Gilbert, John O'Meally, Patsy Daley, and Patrick O'Meally. Among them, Ben Hall seemed to take the leading role, directing the group with an authority that often led him to be mistaken for the notorious Frank Gardiner.
This confusion could likely be attributed to Hall's seniority compared to the rest of the gang, as well as his commanding presence. His previous reputation as a respected stockman and station owner may have endowed him with a demeanour that, when turned to criminal pursuits, was reminiscent of the charismatic and influential Gardiner. This inadvertent association bolstered Hall's reputation, unintentionally casting him in a role that he was swiftly growing into: the feared leader of a notorious gang of bushrangers.
This confusion could likely be attributed to Hall's seniority compared to the rest of the gang, as well as his commanding presence. His previous reputation as a respected stockman and station owner may have endowed him with a demeanour that, when turned to criminal pursuits, was reminiscent of the charismatic and influential Gardiner. This inadvertent association bolstered Hall's reputation, unintentionally casting him in a role that he was swiftly growing into: the feared leader of a notorious gang of bushrangers.
The ruffian, supposed to be Gardiner, ordered and directed everything that was to be done, pushing and swearing, at the others if they did not obey his orders quickly enough.
Though eyewitness accounts frequently implicated Gardiner as one of the criminals involved, certain observers questioned his involvement in these current deeds of the bushrangers. They pointed out the habitual tendency of attributing any reported robbery, no matter its scale or significance, to "The Darkie," as Gardiner was often called. Such an observation was detailed in the 'Bell's Life in Sydney and Sporting Chronicle' on Saturday, 21st February 1863. The prevalent inclination to attribute every act of lawlessness to Gardiner showcased his pervasive infamy at the time and highlighted the public's penchant for associating the notorious figure with the bushranging activities in the area.
We cannot look upon Gardiner us a myth, though we might almost consider him ubiquitous. Not a highway robbery takes place, not, a store or station is stuck-up, but the cry immediately is "Gardiner,"-" Gardiner!" Why, he; would want a railroad, with a carriage, to carry him sixty miles an hour, to be often in the different places people accuse him of being in.
However, the reality was quite different. Following Gardiner's narrow escape from the clutches of Sir Frederick Pottinger in August 1862, he and his lover, Catherine Brown, had left the Lachlan area. Around late October 1862, the pair embarked on a challenging journey north towards the Peak Downs goldfield, via Rockhampton. Finally reaching Apis Creek in Queensland, they had travelled an impressive distance of approximately 900 miles as the crow flies. Their journey was made in a spring cart through terrains that varied from challenging to outright inhospitable.
Despite this, the press was awash with speculations and various reports regarding Gardiner's supposed location. Some believed he had relocated to South Australia in the guise of a priest, others suggested he had gone to Portland, Victoria or Gippsland where his family lived. There were even assumptions that Gilbert's family was based in South Australia. These reports highlighted the widespread confusion and the prevalent rumours surrounding Gardiner's whereabouts. A case in point being a report in the 'Launceston Examiner' on Tuesday 30th September 1862, which was further fueling the speculative fire.
However, the reality was quite different. Following Gardiner's narrow escape from the clutches of Sir Frederick Pottinger in August 1862, he and his lover, Catherine Brown, had left the Lachlan area. Around late October 1862, the pair embarked on a challenging journey north towards the Peak Downs goldfield, via Rockhampton. Finally reaching Apis Creek in Queensland, they had travelled an impressive distance of approximately 900 miles as the crow flies. Their journey was made in a spring cart through terrains that varied from challenging to outright inhospitable.
Despite this, the press was awash with speculations and various reports regarding Gardiner's supposed location. Some believed he had relocated to South Australia in the guise of a priest, others suggested he had gone to Portland, Victoria or Gippsland where his family lived. There were even assumptions that Gilbert's family was based in South Australia. These reports highlighted the widespread confusion and the prevalent rumours surrounding Gardiner's whereabouts. A case in point being a report in the 'Launceston Examiner' on Tuesday 30th September 1862, which was further fueling the speculative fire.
The following is the latest respecting Gardiner: "Gardiner, the supposed leader of N.S.W. escort robbery, is reported as either at Adelaide or Portland Bay accompanied by a woman named Brown, in boy's clothes. The family of John Gilbert, who is charged with being one of the same gang, resides in Adelaide. Gilbert is supposed to be either there or in Melbourne.
Just where were they! Gilbert had resurfaced in the Weddin in January 1863 after a short stint in New Zealand, but 'The Darkie' was long gone.
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| "next time you bring me here it will be for something, and don't you forget it."- Ben Hall. |
It was at Toogong, where the coach used to change horses, that I had a talk with him about his trial. He told me that the next time the police should want him he would give them a "jant", that is they would have a lot of trouble to take him. I little thought that his word would come true.
Certainly, the transformation of Ben Hall was a drastic one. He had morphed from a respected squatter to a feared bushranger, his reputation and societal standing irreversibly damaged. His transition into a life of criminality was both shocking and tragic, signifying a complete abandonment of the life he had built as a farmer.
Mr Redman, a member of Parliament and Hall's former defence counsel, commented later on Hall's character and the circumstances that led to his turn to bushranging.
Mr Redman, a member of Parliament and Hall's former defence counsel, commented later on Hall's character and the circumstances that led to his turn to bushranging.
Ben Hall, prior to his entering upon the career of a bushranger, bore an unexceptionable character. He was well known in the Lachlan District as a hardworking, industrious, and honest man, who had by his own efforts risen from a humble position to be the proprietor of a station. A squatter of that district stated that he had known Hall intimately for some years, and that his character for honesty and industry stood so high that he would have trusted him with all he possessed.
Unfortunately, Hall became implicated in a horse-stealing case, and although the charges were dismissed, his reputation had been tarnished. The police, however, seemed to have marked him down, and on more than one occasion he was brought up on charges which were later proved to be entirely false. This injustice, and the suspicion which was constantly thrown upon him, caused Hall to become reckless, and he eventually threw in his lot with the bushrangers.
He was a man who might have been reclaimed, who might have been made a useful member of society, but the law and its administration instead of reaching out a hand to save him, pushed him to the very brink of the precipice, and then left him to his fate. No wonder that, feeling himself outlawed and persecuted, he should become a desperate and dangerous criminal.
Redman's depiction of Hall's story stirred sympathy and evoked questions about the workings of the judicial system. According to Redman, Hall was driven to a life of crime due to continuous targeting by the police, despite the charges against him being proved false repeatedly. It was the failure by the systems heavy hand, Redman argued, that transformed a hardworking, honest man into one of the most notorious bushrangers in Australian history.
Some of the bushrangers were the creatures of circumstances. He remembered the imprisonment of Ben Hall and young O'Meally, who was incarcerated with his father. Month after month they were kept confined without any charge against them, and against his (Mr R.'s) repeated remonstrance. The family and antecedents of Ben Hall were credible, but after he came out of prison there was no incentive to virtue; he knew he was watched by the police, and he felt disgraced by being imprisoned, and not being a man of great mind, he took to the bush.⁵⁸
Indeed, while Mr Redman's perspective provides a sympathetic lens through which to view Ben Hall's life, it is vital to remember that it does not justify the actions that Hall took. It's important to note that, while he may have been subject to minor injustices' and persecution, his response—to embark on a violent path of criminality—holds no excuse
Hall's lack of formal education might have limited his options in some ways, but he but he had established a fine cattle property was still capable of making better choices. However, it's clear that he was through associations with Gardiner not just a passive recipient of circumstances. His expert knowledge in bushcraft was to make him a formidable adversary for the law enforcement agencies trying to apprehend him.
Ultimately, Ben Hall made a choice to lead a life marked by violence and crime. He perpetrated or was involved in serious crimes such as murder, attempted murder, kidnapping, theft, arson, intimidation, assault, and robbery, spreading fear and distress. His actions caused harm to many. Therefore, while it is crucial to understand the circumstances that might have led him down such a path, it is equally important not to romanticise or excuse his choices and actions.
Indeed, it's crucial to dispel the notion of the romanticised "gentleman bushranger" when it comes to Ben Hall. The many accounts of his criminal actions certainly illustrate a man who was far from the victim he's sometimes portrayed as. Rather, his behaviours were characterised by aggression, violence, and lawlessness. Hall made deliberate choices to engage in criminal activities, threatening the lives of many he targeted.Indeed, while Mr Redman's perspective provides a sympathetic lens through which to view Ben Hall's life, it is vital to remember that it does not justify the actions that Hall took. It's important to note that, while he may have been subject to minor injustices' and persecution, his response—to embark on a violent path of criminality—holds no excuse
Hall's lack of formal education might have limited his options in some ways, but he but he had established a fine cattle property was still capable of making better choices. However, it's clear that he was through associations with Gardiner not just a passive recipient of circumstances. His expert knowledge in bushcraft was to make him a formidable adversary for the law enforcement agencies trying to apprehend him.
Ultimately, Ben Hall made a choice to lead a life marked by violence and crime. He perpetrated or was involved in serious crimes such as murder, attempted murder, kidnapping, theft, arson, intimidation, assault, and robbery, spreading fear and distress. His actions caused harm to many. Therefore, while it is crucial to understand the circumstances that might have led him down such a path, it is equally important not to romanticise or excuse his choices and actions.
It's important to note that he did not operate in a vacuum. He was influenced by individuals like Gardiner and sought their approval, adopting the same blend of charm and menace in his interactions with others. This dual persona could have been an attempt to maintain some level of public sympathy or gain protection from those he encountered. However, such calculated manipulations do not negate the seriousness of his crimes.
Furthermore, the assertion that his actions were due to external circumstances such as police pressure or marital troubles lacks substance when weighed against his subsequent actions. The choices Hall made were not reactionary but premeditated and strategic, indicating a degree of agency in his actions.
Next in the annuls of outrage Hall and his associates attempt to kill a police inspector and a blacktracker illustrating a level of aggression and lawlessness that characterised Hall's activities. Such instances highlight that despite any perceived veneer of respectability or charm, at his core, Hall was a violent and dangerous man.
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| John Oxley Norton. (1829-1880) Private Source. Never Before Published. |
The presence of these men was suspicious, and it was clear that this chance meeting was about to take a dangerous turn. Norton and Dargin prepared themselves for a potential confrontation. In these perilous times, officers of the law had to always be ready for encounters with outlaws who were just as likely to fight as they were to flee. The event and outcome are narrated by Inspector Norton in his own words:
I was proceeding through the neighbourhood of Wheogo, accompanied by a black tracker, each of us leading a horse; about 9 o'clock I saw two men riding, about 500 yards before us, one of whom had a lead horse, and the other a gun on his thigh; I beckoned to the tracker, who was on the hill opposite, and he came down; on nearing the men, they made off; we followed them for some distance into the scrub, and got off, and then fired on them; we then returned to our horses, to pick up our lead horses, and, on preparing to start, saw them again watching us; we followed them again, and fired on them, when, finding our horses unable to overtake them, we returned to some huts, and remained there for twenty minutes or half an hour; seeing no more of them, I thought it advisable to go to the police station to get some men, who were to have met us in the neighbourhood, to follow them; about three or four miles from those huts, the black fellow called out that there were three men coming up behind us; they were so near that I could hear them; I could hear them shouting, "Bail-up," evidently with the intention of stopping us; the black fellow passed me and left his lead horse; I dropped mine also and turned round, and, on seeing me do so, the tracker stood at about fifty yards distance.
"The three men were scattered at about 100 yards apart, one on each side of the road, and one near the road; the man on the left side advanced within eighty yards of me, and then commenced firing; the man on the left charged and fired a double-barrelled gun; I cannot swear to the man on the right firing his rifle, but he fired a revolver; the man I supposed to be O'Meally took up his position about eighty yards from me; Hall and the prisoner a little farther off; O'Meally cried out, "Throw up your arms," repeatedly; they then commenced firing with revolvers; we fired several return shots; they might have fired fifteen or eighteen shots; my ammunition was then expended, and O'Meally with Hall rode up to me; the latter presented a revolver at me, while O'Meally and Daley ran after the black-fellow, and fired after him; after a few minutes, Hall rode up to me, and said that they had nothing against, me and that I might go.
"The three men were scattered at about 100 yards apart, one on each side of the road, and one near the road; the man on the left side advanced within eighty yards of me, and then commenced firing; the man on the left charged and fired a double-barrelled gun; I cannot swear to the man on the right firing his rifle, but he fired a revolver; the man I supposed to be O'Meally took up his position about eighty yards from me; Hall and the prisoner a little farther off; O'Meally cried out, "Throw up your arms," repeatedly; they then commenced firing with revolvers; we fired several return shots; they might have fired fifteen or eighteen shots; my ammunition was then expended, and O'Meally with Hall rode up to me; the latter presented a revolver at me, while O'Meally and Daley ran after the black-fellow, and fired after him; after a few minutes, Hall rode up to me, and said that they had nothing against, me and that I might go.
"Hall spoke of a trooper named Hollister, who had threatened to shoot him, and that he would return the compliment when he got hold of him; Hall returned me a revolver which he said was no good to him; he spoke of Sir Frederick Pottinger; how Sir Frederick had brought him several times into Forbes, and had him remanded from time to time, until really the magistrates were inclined to believe that there was some charge against him, and those, with him; that it was his opinion that Sir Frederick detained them till he could make up a case; Hall referred also to the case of young Walsh who was then suffering in the lock-up, as he had suffered before; I asked for my horse, and he said that I could take them; but he inquired if there was anything particular in the swag on one of them; I told him there was nothing of any consequence; the three detained a Government revolver, a Government carbine which the black-fellow had dropped, a Government saddle and bridle, and the horse on which the black-fellow rode, remarking that they would shoot the horse, and so teach people not to lend horses to policemen; the man who I supposed to be O'Meally, said to me, "you had better not give our description when you return to town"; they then rode round, and picked up their discharged arms, and cleared off; I cannot swear positively that the prisoner is one of the men.
"I never saw O'Meally but once before, and the prisoner never but on that occasion; I could not have been close to the prisoner more than three or four minutes; Hall was the one who was in conversation with me, and whom I would swear positively to; the names were given to me by the black-fellow as Hall, Daley, and O'Meally; O'Meally was dressed differently to the prisoner, the hat is exactly like what I have seen Daley wear; have seen the prisoner twice since he was apprehended, and I identify him so far as that to the best of my belief he is the man; I will not swear positively to him; while the others were away Hall fed his horse at a distance from me; I was unarmed, and he had a revolver in his belt and a gun in his hand; I did not care to go near him; he looked as if keeping guard.
Note: Why would Ben Hall want to kill Hollister if he was innocent of participation in the Pinnacle robbery?
Billy Dargin, finding his commander captured and their ammunition expended, was pursued by two of the men. Despite the tense situation, Dargin, through some quick thinking and deft negotiation, managed to escape on foot dodging tress and running bare foot over the hard stone ground for the Pinnicale Station roughly eight miles distant. The two bushrangers pursued him for several minutes before returning to their companion, allowing Dargin to continue his escape unscathed.
With his commanding officer held by the bushrangers. Upon reaching the station, Dargin arranged for a rider to take the news of Inspector Norton's capture to Forbes. A contemporary newspaper article provides more insight into Dargin's actions during this intense episode, highlighting his courage and resourcefulness in a bid to save his leader:
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| Artists impression of Billy fleeing after Norton capture. c. 1933. NLA. |
With his commanding officer held by the bushrangers. Upon reaching the station, Dargin arranged for a rider to take the news of Inspector Norton's capture to Forbes. A contemporary newspaper article provides more insight into Dargin's actions during this intense episode, highlighting his courage and resourcefulness in a bid to save his leader:
Billy, the black, being the only person with him at the time, escaped and had arrived without his horse.⁵⁹
Dargin reported too:
Constable Hogan who immediately sent word to Forbes telegraphed the particulars to Captain M'Lerie. Six mounted constables were immediately dispatched from Forbes to the assistance of Mr Norton and on Monday afternoon twenty mounted troopers and twelve-foot police left Sydney by the five o'clock train for the Wedden Mountains with the same object in view. A further detachment followed in the course of yesterday.⁶⁰
Unfortunately, in the era of the 1860s, the logistics of quickly dispatching a force from Sydney to Forbes would have been challenging. While a train line existed, it only stretched as far as Penrith. From there, it would take approximately a week of hard riding to reach Forbes, an area notorious for its rugged terrain and isolated location.
George Boyd, a new recruit to the NSW police force at the time, would later recall the frenzy in Sydney following the news of Inspector Norton's capture. As he tells it, the force was in a flurry of activity, scrambling to assemble a team of troopers to be dispatched as soon as possible. The goal was clear: apprehend the trio responsible for Norton's capture and end their reign of terror in the region.
Boyd's recounting gives a vivid picture of the urgency and intensity that gripped the police force in response to the lawlessness of Ben Hall and his gang. Despite their efforts, the challenges of distance and limited resources made it difficult for the law enforcement of the time to effectively contain the bushrangers' activities. The Sun, Monday 19th August 1912:
George Boyd, a new recruit to the NSW police force at the time, would later recall the frenzy in Sydney following the news of Inspector Norton's capture. As he tells it, the force was in a flurry of activity, scrambling to assemble a team of troopers to be dispatched as soon as possible. The goal was clear: apprehend the trio responsible for Norton's capture and end their reign of terror in the region.
Boyd's recounting gives a vivid picture of the urgency and intensity that gripped the police force in response to the lawlessness of Ben Hall and his gang. Despite their efforts, the challenges of distance and limited resources made it difficult for the law enforcement of the time to effectively contain the bushrangers' activities. The Sun, Monday 19th August 1912:
Very short space had passed when the new recruit found himself actively involved in the general excitement resulting from a long succession of bold and successful outrages. "We had only been at the depot a few weeks," said the ex-sergeant, during a chat at his pleasant home at Windsor, "when we were called to the front. To speak exactly, we had been in training just seven weeks when the startling news arrived of the capture of Superintendent Norton by [sic] Ben Hall. That news threw the barracks into a tumult. With it came an urgent appeal for reinforcements. There were all the available police engaged in the hunt of the outlaws already, but they were not nearly enough. And there were very few men at the depot, even including the recruits. But Superintendent Black got together a company of 22 of us, nearly all raw recruits, and we started for the scene of war. We got off the mark very promptly. I believe we were all in the train with our horses and equipment, inside an hour. "The railway at that time went only as far as Penrith. It took us three days to get to Bathurst and we were all in the highest spirits possible, at the near prospect of excitement. But disappointment awaited us at the new headquarters. We learnt with satisfaction that the bushrangers had released Norton, unharmed. But it did not sort well with our desires to distinguish ourselves to hear that the outlaws had absolutely disappeared, no one knowing within a few hundred miles where they were working.
Boyd's career coincided with a tumultuous period in Australian history, marked by the notorious activities of bushrangers. The most infamous of these events involved the audacious capture of Inspector Norton by bushranger Ben Hall, which sent shockwaves of disbelief and embarrassment throughout the New South Wales Police Force.
The bushrangers' shrewdness, their superior horses, and weaponry, and most crucially, their intimate knowledge of the local terrain, often gave them the upper hand in their confrontations with the police. Their exploits became a source of both fear and fascination for the colonists, a vivid manifestation of the harsh realities and unpredictable nature of life in the Australian outback.
An intriguing postscript to these events was found in a report from 'Bell’s Life in Sydney and Sporting Chronicle.' The publication speculated about the potentially tragic consequences had it been Sir Frederick Pottinger, not Norton, at the mercy of the bushrangers. It suggested that Pottinger's encounter with the bushrangers could have ended not in capture but in bloodshed, a sobering reflection on the danger that these lawmen faced in their tireless pursuit of justice.
Sir Fred. Pottinger has just arrived. I forgot that Mr Norton was told that had he been Pottinger, they would have "shot him dead as a crow." There's a consolation for Sir Fred. Pottinger.⁶¹
The news of Inspector Norton's capture sent tremors through the community of Forbes. The audacious actions of the bushrangers, coupled with the inspector's perilous predicament, left the townsfolk aghast. Leading citizens, deeply affected by these events, resolved to intervene, vowing to attempt a daring rescue of Inspector Norton.
On 7th March 1863, an article in 'Bell’s Life in Sydney and Sporting Chronicle' shed light on the palpable frustration permeating the town. The citizens had reached a tipping point; they were thoroughly exasperated with the bushrangers' continued reign of terror, their relentless and indiscriminate acts of violence.
The newspaper provided a chilling insight into the ruthless nature of Ben Hall. It suggested that only a combination of Hall's poor marksmanship or a stroke of tremendous luck saved the disarmed Inspector Norton from a fatal bullet. This grim scenario underscored the cold-blooded nature of Hall, painting a picture of a man who was not just willing, but ready, to kill without a second thought.
As the nefarious activities of 'The Boys' continued unabated in the goldfield districts of Lambing Flat and Forbes, the high-profile Eugowra Escort trial and the 'Special Commission' into bushranging reached their conclusion in Sydney. The bushrangers had become a force to be reckoned with, their daring exploits providing a stark backdrop to the legal proceedings unfolding in the city.
However, the end of the trial did not signal the end of the drama. A tantalising piece of gossip circulated among the populace. It was rumoured that the bushrangers had sent a bold message to the government through their confidante, Billy Dargin.
The message was said to contain a chilling ultimatum: if any executions were carried out on their incarcerated comrades, Inspector Norton would pay the price. It was a threat, framed as a polite missive, which demonstrated the audacity of the bushrangers and the desperate lengths they were willing to go to in order to protect their own. The alleged threat further heightened the tension between the bushrangers and the authorities, adding a perilous new dimension to an already volatile situation.
Outrage with Fire-arms, Bathurst Free Press, Jan. 3:
Furthermore, as well as the Bland, it came to light that Hall often appeared at his former home of Sandy Creek, where his latest child Mary and her mother Susan Prior continued to live. However, events at Sandy Creek would shortly alter to disastrous, culminating in a confrontation with Pottinger and his troop. As Hall and the gang had dropped off the radar, elements in the press had attempted to paint Sir Frederick Pottinger and his men as being a law unto themselves. Much criticism from many quarters of the region was directed at Pottinger, who dismissed any notion of unfairness and wreaked havoc against anyone suspected of sympathies toward the bushranging fraternity.
As Daley was apprehended, Ben Hall sought to evade the increased efforts of Sir Frederick Pottinger by moving his operations further south. This period marked a succession of escalating difficulties for Hall, most notably at Sandy Creek. There, John Wilson, a publican from Forbes and the new leaseholder of Sandy Creek station, expressed irritation over the residence previously owned by Hall, now being occupied by Susan Prior's family. The household included Susan Prior, her siblings, their mother Mary Prior, Ben Hall's elder brother William, his wife Ann, and their two children.
Under pressure from Sir Frederick Pottinger, Wilson moved to evict them all. It's worth noting that as early as 1861, there had been efforts in the New South Wales Legislature to remove defaulting renters and undesirables from leased Crown Lands. During that year, Ben Hall held legal tenure over Sandy Creek. However, the Crown Lands Occupation Act of 1861, enacted in response to those criminal activities, impacted the lease of Sandy Creek. This resulted in Wilson taking up the lease in late 1862. A factor that played a role in Hall losing his hold over the land was his failure to sign the lease transfer to Wilson and settle any rent arrears with the government.
In March 1863, officials from the Lands Office, including a certain Mr Crosby, were instructed to pass on information about individuals unlawfully occupying Crown Land to the police in Forbes. This list included Ben Hall's homestead. Consequently, Hall's hut became one of the first in the Lachlan District to be subjected to these impending, arbitrary evictions.as set out under section 32 of the Act, which stated in part:
The Crown Lands Act 1861 gave Pottinger the legal grounds to evict those living in Hall's former home, which he then set on fire, viewing as a refuge for undesirables. This act marked a significant escalation in the situation, causing profound upheaval and rendering Hall's baby daughter, Mary, who had been born at Sandy Creek in January 1863, homeless.
The severity of these actions, which left a mother and her baby exposed to the harsh elements, stirred discontent among Hall's close associates and significant landowners, such as William Jameison of Back Creek Station.
Nevertheless, Pottinger remained steadfast in his conviction that Hall's former residence was serving as a sanctuary for the elusive bushranger and other criminals. He perceived these individuals as a 'low character', a prejudiced view that was possibly influenced by his aristocratic background.
The destruction of Hall's home was a bold demonstration of Pottinger's intention to exert control over those he considered part of a criminal underclass. The inspector aimed to send a strong message that the police were a force to be respected and obeyed, not hindered.
In June 1863, Pottinger relayed a memorandum justifying his actions to the Inspector-General of police, Captain McLerie. The document underscored Pottinger's disdain for the class of people who, in his view, operated under a 'cone of silence' when dealing with the authorities.An extract follows:
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| Ben Hall's pursuers promotions in March 1863. |
On 7th March 1863, an article in 'Bell’s Life in Sydney and Sporting Chronicle' shed light on the palpable frustration permeating the town. The citizens had reached a tipping point; they were thoroughly exasperated with the bushrangers' continued reign of terror, their relentless and indiscriminate acts of violence.
The newspaper provided a chilling insight into the ruthless nature of Ben Hall. It suggested that only a combination of Hall's poor marksmanship or a stroke of tremendous luck saved the disarmed Inspector Norton from a fatal bullet. This grim scenario underscored the cold-blooded nature of Hall, painting a picture of a man who was not just willing, but ready, to kill without a second thought.
The town was in a very excited state, many being anxious to be going, not only to release Mr Norton, but to use every exertion to get rid of this lawless banditti, and in a few minutes there were nearly 100 names down, and all were to meet the next morning, each bringing what arms he best could. At the appointed time crowds of determined storekeepers, miners, and others were in attendance, each one ready and willing to enter with spirit and resolution upon the enterprise, when, to the astonishment of the multitude, up rode Mr Norton safe and sound; he stated that they kept him for about three hours, during which time some of them wanted to shoot him, and one more determined than the rest, of the name of Ben Hall, did while he was a prisoner actually fire at him several shots, but still he came off free; but he was cautioned by the band of ruffians that if he showed himself any more in that quarter, he would not come off in a like manner. They took his horse and arms but LENT him another to ride into Forbes with. Directly after the return of Inspector Norton, it was announced outside the Court House that the Volunteers would not be required. The J. P. was thankful for the spirit and loyalty displayed by the people. The gallant Captain Browne was to lead the volunteers, who felt every confidence in their leader; but after that announcement of course the matter was dropped.
As the town was preparing the rescue, Norton unharmed rode in and quickly fired off a telegram to the Inspector-General telling of his situation and safe return:
Forbes, 3rd March, 5 10 p.m. I am just returned here in safety and have not been wounded. I was detained about three hours on Sunday morning. I surrendered to the bushrangers after having expended all my ammunition; having been surrounded by them, with their revolvers presented at me. The men I took with me, did not meet me at the place appointed, according to agreement the previous evening, consequently, I had only the blacktracker with me.⁶²
Following his release, Inspector Norton was left physically unscathed, yet his pride bore the brunt of the ordeal. Sir Frederick Pottinger, wearied by incessant derision from certain corners of the media, was spurred into action. His resolve was as steely as ever, the quest for justice now imbued with a thirst for retribution.
While on patrol, Sir Frederick found himself near the very scene of Norton's harrowing encounter. His reliable aide, Billy Dargin, pointed out the specific spot where Ben Hall had made his ruthless attempt on Norton's life. Eager to piece together the chilling event, Sir Frederick dismounted his horse and approached the tree where the remnants of Hall's missed bullets lingered.
A closer examination of the tree revealed the close brush with death Norton had experienced. The bullets had struck alarmingly close to where Norton's head had been, a stark testament to his narrow escape. The sight of this grim memento stirred within Sir Frederick a renewed determination to bring Ben Hall to justice. The calculated violence of the bushrangers had to be curtailed, and Sir Frederick was resolved to be the one to do it.
While on patrol, Sir Frederick found himself near the very scene of Norton's harrowing encounter. His reliable aide, Billy Dargin, pointed out the specific spot where Ben Hall had made his ruthless attempt on Norton's life. Eager to piece together the chilling event, Sir Frederick dismounted his horse and approached the tree where the remnants of Hall's missed bullets lingered.
A closer examination of the tree revealed the close brush with death Norton had experienced. The bullets had struck alarmingly close to where Norton's head had been, a stark testament to his narrow escape. The sight of this grim memento stirred within Sir Frederick a renewed determination to bring Ben Hall to justice. The calculated violence of the bushrangers had to be curtailed, and Sir Frederick was resolved to be the one to do it.
On Wednesday morning last, whilst Sir Frederick Pottinger with Billy, the black tracker, and some of the mounted police were out in the neighbourhood of the suspected bushrangers, near the Wedden Mountains, the tracker detected fresh footprints of a horse crossing the path Sir Frederick and his party were pursuing and directing the master's attention to the circumstances Sir Frederick turned his course in the direction of the tracks. Billy soon pointed out the identical spot which had afforded such friendly protection to J. O. Norton, the sub-inspector of police. Frederick Pottinger descended from his horse and minutely examined the tree, and found the imprint of two large bullets, one of which must have strayed just over the head of Mr Norton, as he was described to have stood by the tree, and the other nearly at the level with his chest.⁶³
As the dust settled on the events surrounding Inspector Norton's return, the grim specter of the gallows loomed over convicted Eugowra Escort robbers, Manns and Bow. While Fordyce's death sentence had been commuted to life imprisonment, Manns and Bow languished on death row, awaiting their imminent fate.
Yet hope was not entirely lost for the condemned pair. The citizens of Sydney, in an act of collective mercy, petitioned for the commuting of Manns and Bow's death sentences to life imprisonment. The appeals echoed through the city, a testament to the compassion that underscored the community's sense of justice.
The media, too, continued to cast a critical eye over the proceedings. Doubts were raised over the credibility of the evidence provided by Daniel Charters, adding another layer of intrigue to the case. For the first time, Benjamin Hall and John O'Meally, two notorious figures, were explicitly named in the press as members of the gang involved in the Eugowra Gold robbery of June 1862. This revelation injected a new dimension to the narrative, linking the events of the present with the unresolved crimes of the past. The Maitland Mercury and Hunter River General Advertiser, 17th March 1863;
As the dust settled on the events surrounding Inspector Norton's return, the grim specter of the gallows loomed over convicted Eugowra Escort robbers, Manns and Bow. While Fordyce's death sentence had been commuted to life imprisonment, Manns and Bow languished on death row, awaiting their imminent fate.
Yet hope was not entirely lost for the condemned pair. The citizens of Sydney, in an act of collective mercy, petitioned for the commuting of Manns and Bow's death sentences to life imprisonment. The appeals echoed through the city, a testament to the compassion that underscored the community's sense of justice.
The media, too, continued to cast a critical eye over the proceedings. Doubts were raised over the credibility of the evidence provided by Daniel Charters, adding another layer of intrigue to the case. For the first time, Benjamin Hall and John O'Meally, two notorious figures, were explicitly named in the press as members of the gang involved in the Eugowra Gold robbery of June 1862. This revelation injected a new dimension to the narrative, linking the events of the present with the unresolved crimes of the past. The Maitland Mercury and Hunter River General Advertiser, 17th March 1863;
Considerable exertion is being made to save the lives of the culprits, Bow and Manns, now lying under sentence of death in Darlinghurst gaol. It appears pretty certain, that when Chartres, the approver, was first taken into custody, with Ben Hall and O'Meally, they were all three charged with the escort robbery. Chartres, however, in taking advantage of turning approver, declared that neither Hall nor O'Meally had anything to do with the robbery, it is now pretty clear that these two were present and took part in the robbery, and that Chartres obtained their release by declaring that they were not concerned in it; but gave evidence against Bow, Fordyce, Manns, and Maguire, who were then at large. These facts, it is understood, will be brought before the Executive.
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| Horse Theft. |
However, the end of the trial did not signal the end of the drama. A tantalising piece of gossip circulated among the populace. It was rumoured that the bushrangers had sent a bold message to the government through their confidante, Billy Dargin.
The message was said to contain a chilling ultimatum: if any executions were carried out on their incarcerated comrades, Inspector Norton would pay the price. It was a threat, framed as a polite missive, which demonstrated the audacity of the bushrangers and the desperate lengths they were willing to go to in order to protect their own. The alleged threat further heightened the tension between the bushrangers and the authorities, adding a perilous new dimension to an already volatile situation.
Inspector Norton was taken yesterday (Sunday) by fourteen bushrangers, between Lambing Flat and Forbes. It is supposed that his captors are Gardiner and his gang. A black tracker has forwarded to the telegraph station a statement informing the authorities that if the men sentenced in Sydney were executed Norton would be hanged. He is planted in the bush. A meeting has been called to consider the matter in the camp reserve this evening.⁶⁴
Fortuitously, the townsfolk of Forbes, along with Inspector Norton, were spared from the grim fulfilment of the bushrangers' ominous threat. Ben Hall, John O’Meally, and Daley failed to execute their menacing promise. Nevertheless, the gallows claimed the life of Manns, a sombre reminder of the ongoing conflict.
A few days after Manns' execution, the 'Goulburn Herald' of Saturday 7th March 1863, weighed in on the alleged threat to Norton. As was often the case during these turbulent times, the writer sprinkled the account with a touch of derision aimed at the police. The article provided yet another angle on the unfolding drama, showcasing the media's critical and often mocking commentary on the authorities' struggle to maintain law and order against the audacious bushrangers.
A few days after Manns' execution, the 'Goulburn Herald' of Saturday 7th March 1863, weighed in on the alleged threat to Norton. As was often the case during these turbulent times, the writer sprinkled the account with a touch of derision aimed at the police. The article provided yet another angle on the unfolding drama, showcasing the media's critical and often mocking commentary on the authorities' struggle to maintain law and order against the audacious bushrangers.
Then poor Norton was to be hung as high as Haman or as Gilderoy, if the executive dared to send the escort robbers to the scaffold. The government, as is usual, were fairly frightened out of their wits, and as if capturing a policeman was any worse than capturing anyone else, they sent off no less than thirty-five head of police for the scene of action, leaving Sydney, where, after all, is said and done, there is far more crime than in the interior, comparatively unprotected. Of course, the whole affair is a gross exaggeration, and the real facts were of the very tamest. There was no theatrical combat, no broadswords, no Long Tom Coffin, no harpoon, no toasting-fork, no eucalyptus, no seeking of shades below. The fact simply was that the acting-sub was out with only a black-boy, when he fell in with some bushrangers--or they fell in with him and as they were superior in number, he was taken prisoner, kept for three hours, and then let go. He certainly says he used all his ammunition; if he did he must be a doosid bad shot not to kill or maim some of his foes, and they must have had more forbearance than they ever yet have got credit for not to have retaliated. There is a report here that he was well treated by the bushrangers. It will be seen that on hearing of his capture the government at once promoted Mr Norton, who is now a full instead of an acting- sub-inspector. Rather a curious inducement to hold out to Sir Pottinger and other policemen, eh.
Ben Hall would continue in the attempt to kill men.
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| Fred Lowry. Penzig. |
After their intense confrontation with the Norton gang, the Lachlan area experienced another turbulent event. Within mere days, the community was stirred by the sudden appearance of a new and formidable gang member, Frederick Lowry, also known as Frederick McGregor. On March 8th, 1863, the local newspaper, 'Burrangong Star', published the news of Lowry's arrival.
Frederick Lowry was no stranger to the life of lawlessness. He had spent a significant part of his life at Cockatoo Island, sharing his confines with none other than the infamous Frank Gardiner, the former leader of the gang that now prowled the Lachlan region. Their time together in incarceration had forged a bond between them, binding them through shared experiences and hardened resolve.
In February 1863, Lowry made headlines for a daring escape from Bathurst Gaol. His freedom was hard-won, and his arrival in the Lambing Flat area symbolised a new beginning. Braving the challenges and risks of life on the run, Lowry decided to establish his presence in the Lachlan area, ready to follow in the footsteps of Gardiner and, in time, to carve his own path in the annals of local lore.
'Empire' 21st February 1863:
No reliable information has yet been received of the movements of Lowry, the ruffian who appears to have run through the town in daylight under the eyes of hundreds of people and to have left no traces behind him as to the particular direction he has taken. Rumours are afloat, but we give them no credit. Some have already lifted him into a hero. He is represented, at eleven miles distance from Bathurst on his way towards the Abercrombie Mountains as being accouted with revolvers and the usual appendages; and in possession of one animal equal to Turpin's Black Bess.
Before his audacious escape, Lowry was being held accountable for a grave incident that took place at a race meeting in the Brisbane Valley, near the head of the Fish River. The event had drawn a crowd of around a hundred spectators, creating an atmosphere ripe for unpredictability.
In the midst of the gathering, a scuffle broke out, the details of which remain a topic of whispered speculation. What is known, however, is that the altercation ended with a man named Mr. Foran suffering a gunshot wound to his chest. The source of the bullet was traced back to Frederick Lowry.
The severity of Foran's injury resulted in Lowry's subsequent capture and incarceration by those present spurred into action at Foran crashing to the ground. In Bathurst Gaol Lowry with a number of others would hatch his plan to escape, further solidifying his place in the regional history as an infamous outlaw.
On New Year's day races were held at a place called Brisbane Valley, near the head of the Fish River Creek. Among the parties present, it appears, there were two men for whom the police have been some time on the look-out, and whose names are, respectively, Lowrie and Foley. After the races, the prizes having been paid, the man Lowrie attempted to bail up the persons present. Two, however, refused to go into the house, when Lowry fired upon them. The ball grazed the cheek of one of the race visitors, and struck a horse that stood close by, on the hip. A young man named Foran then rushed at Lowrie, when the latter immediately fired, and shot the poor young fellow through the right lung. Dr. Eaton, who was sent for, is of opinion that the ball is lodged in the region of the spine. Notwithstanding that Foran was thus wounded, he sprang at once upon the villain, and was enabled to hold him; till other assistance coming forward he was effectually secured. The police at Bathurst, having received information, at once proceeded in the direction of the scene of the outrage We trust these daring men, who have so long been a terror to the neighbouring localities, will not have made their escape before the arrival of the police.
Lowry sought out his former convict mate Gardiner following his freedom, but on Gardiner having departed, he seconded himself to the remaining gang where evidence suggests Lowry knew Ben Hall well. As reported:
On Tuesday a man was stuck-up and robbed of 12s 6d on the Marengo Road, by a bushranger dressed in a poncho, supposed by his height, (about 6 ft 2 in), to be Frederick Lowry, who escaped out of the Bathurst gaol on the 15th of last month, for whose apprehension the Government have offered a reward of £100. On reference to the Government Gazette we perceive by his description that he is 6 feet 1 or 2 inches high.
Confidently navigating through the Wheogo area, Ben Hall seemed to operate with an unusual degree of security. He was bolstered by the knowledge that he was surrounded by old friends and family members who were more than willing to lend him aid and comfort. Their support served as a safety net, enabling him to move fearlessly through the region.
A local newspaper, capturing the dichotomy of his persona, alluded to him as a well-off squatter who paradoxically indulged in the dangerous and illicit activity of robbery. Hall's life was full of such contradictions. Born into a convict family, he was no stranger to struggle and hardship. Yet, he managed to ascend to a level of relative affluence through his illicit activities, blurring the lines between respectability and criminality.
These circumstances painted a complex picture of Hall, a man who, despite his outlaw status, seemed to enjoy the privileges of wealth and community support. His story is an illustration of the paradoxes that can exist within one person's life, underscoring the complexity of human nature and the unpredictability of fate. February 1863:
Most of the atrocities committed, the police have good reasons for believing, are committed, not by needy marauders, but by well-to-do settlers, the excrement of the old convict population.
In the mid-1860s, Ben Hall's presence cast a long shadow over those who existed outside of his inner circle, his power instilling a palpable sense of fear. This was exemplified by the apprehension felt by Margaret Feehily, a widow and sister to Daniel Charters, once Hall's closest friend. Though Hall and Charters had likely maintained sporadic contact after the infamous Escort trials, the fear endured.
An incident from around 1863 underscores this fear. Staff from the Pinnacle public house faced a stern reprimand, having attempted to scapegoat the bushrangers for squandering provisions and alcohol. Hall's reputation was such that his name was used to cover their own transgressions.
Years later, in 1889, the Freeman's Journal published a letter by an anonymous correspondent who called himself Viator. He recounted an encounter at the Pinnacle public house that took place during a journey in 1863. He had been a passenger on a coach that had a chance meeting with the notorious trio: Ben Hall, John Gilbert, and John O'Meally.
Published on November 23, 1889, Viator's letter offered a glimpse into the past, detailing a direct encounter with these infamous outlaws, a brush with the annals of the Australian bushranging history. The narrative, tinged with the fear and respect these men commanded, enriched the legacy of Ben Hall and his cohorts.
I relate the following incident to show how at that time the bushrangers comprising Ben Hall, Vane, Gilbert and O'Meally cared very little for the police, but kept on good terms with the residents of the parts they frequented. I left Lambing Flat diggings by Greig's coach, which started at 4 in the morning, to go to the Lachlan goldfield about 90 miles distant. The coach being full, the agent allowed me to ride on the rack with the mail-bags, with strict injunctions to hold well on to the ropes. It was well he did, for some portions of the road were laid down with logs from 12 to 18 inches thick, and when the coach came on to these the effect was anything but exhilarating. First a terrible shock, and then a continued bump, bump, bump for perhaps hundreds of yards. These parts were called "corduroys," and were a rough and-ready way of making a road passable over bogs and swamps until other improvements could be effected. The stages were from 12 to 15 miles apart, and in the afternoon we reached the last but one before we came to the township, and it being a public-house, most of the passengers got down, and so did I, to stretch my legs. And when I did I noticed something unusual going on in the yard adjoining the inn.
There were four men on horseback, two standing, seemingly stable men or rouse-abouts, and a woman who I heard was the landlady. I did not know them but heard after we started that the four men were Ben Hall and his mates, and the reason of their visitation at that time was the following:— The landlady, who was a widow, had a week or so before gone to Forbes to settle some business affairs, and was away for two or three days, during which period it appears that the man she left in charge of the bar, etc., etc, had started drinking, with the result that the yardman and groom and neighbours, and in fact all hands who came along, had joined in the spree, and the quantity of liquor consumed as well as provisions was something enormous, especially as there was very little money to show that any had been paid for. So, at their wits' end for an excuse, the two principals agreed to swear to the landlady on her return that it was the bushrangers had come and helped themselves.- She, who was always friendly to them, happened to tell this to one who informed Ben Hall, who came over and made the real culprits confess their guilt. At that time they stuck up no one on the coach nor any one in the house. But it was a well-known fact that they never did stick up many of the places on this line of road, and it was the general opinion that they were afforded valuable information as to the movements of the police by a very large proportion of the residents in these localities in consequence. As I looked at them over the gate I noticed that the spokesman was a rather tall robust-looking man, with a fine frank-looking face, and wore a high felt hat and cord breeches and top boots — that was Ben Hall. A slight, fair man, looking like a, horse-trainer, had a slight, fair moustache and cabbage-tree hat, breeches and boots, and had one leg-crossed over the pummel of the saddle, listening to what was said — that was Gilbert. While a very dark, determined-looking man with deep set eyes, who was looking down, seemingly brooding over something, was Vane. A young, flash, rowdy-looking young follow with keen flashing eyes, who was looking at the two men standing with no pleasant countenance, was O'Meally. At this time there were between 30 and 40 mounted police at Forbes, only a few miles distant, under Sir Frederick Pottinger.
Nevertheless, shortly after the capture of Inspector Norton, the NSW government moved to acquire the former hotel, which doubled as a home of the family of John O'Meally's and a notorious meeting place of the Weddin criminals. The O'Meally's had sold Arramagong earlier and were illegal squatters. However, the family had continued to live at Arramagong. The police's goal was to create a police station in the heart of the Weddin Mountains with easy access to the haunts of the bushrangers and their harbourers. There was widespread approval for the government's move, and The Maitland Mercury and Hunter River General Advertiser on the 11th March 1863, supported the action;
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| Captain Henry Zouch. c. 1880's. |
The government appear to be vigorously carrying out their plans for the suppression of bushranging in the south-western district. We hear that O'Mealy's farm has been taken possession of for a police-station. If a few more of these resorts of bushrangers were served in a similar manner the roads about Lambing Flat and Forbes would again assume a state of order, and once the criminal population were dispersed they would find it difficult to gather themselves together in any other part of the colony.
Captain Zouch proceeded to install his troopers there, although the house was reportedly in some disrepair. Therefore, the Captain requested £20 to have some work carried out repairing the building’s roof; The 'Burrangong Star', 11th March 1863 wrote the following:
We understand that Captain Zouch intended on his journey to form a police station at O'Mealy's station (at the Weddin Mountain), ejecting by orders of the government, him and his family, thus breaking up that rendezvous for bushrangers and their accomplices. The Captain returned yesterday afternoon to the camp.
The altercation with Inspector Norton and the increased efforts of the police patrols brought another but a rare positive comment from the Lachlan Miner:
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| O'Meally's holdings Weddin Mountains. c. 1863. |
It is very satisfactory to know that we are really receiving some benefits, in exchange for the money expended by the government in sending up extra police to look after us. The Lambing Flat road is well patrolled; the neighbourhood of Wheogo, and Weddin Mountain is rendered safe to travellers and dangerous to bushrangers.⁶⁵
However, the advocated safe period for the police was short term. During the lull, Hall appeared to have retreated to his former stockman's haunts out in the back-country of the Bland Plains and camped around Lake Cowal and Humbug Creek. Areas which Hall knew intimately. In this wild country, Hall had maintained many friends. Hall's Bland haunt was described as:
However, the advocated safe period for the police was short term. During the lull, Hall appeared to have retreated to his former stockman's haunts out in the back-country of the Bland Plains and camped around Lake Cowal and Humbug Creek. Areas which Hall knew intimately. In this wild country, Hall had maintained many friends. Hall's Bland haunt was described as:
The most picturesque part, of the Bland plains — viz., the intervening space between east and west Bland. The Humbug Mountain to the west impresses me with the notion that I am on the verge of a wilderness, the steep ravines and huge granite rocks form such a striking contrast to the peaceful-looking green sward, dotted with lovely pools of water, on the Back creek winding through the plains. Turkeys and wildfowl are plentiful, and there is often good sport in seasons like this.
Hall would not have lacked for grub while secreted at Humbug. The area was also the current residence of his former wife, Bridget and her lover James Taylor, residing at Alice Gibson station and, best of all, his three and a half-year-old son Henry. If Hall had seen his young son, there is no evidence, suffice to say as a father, and the opportunity arose, no doubt Hall would have apprised the chance. Presumably a fearful time for Taylor.
Furthermore, as well as the Bland, it came to light that Hall often appeared at his former home of Sandy Creek, where his latest child Mary and her mother Susan Prior continued to live. However, events at Sandy Creek would shortly alter to disastrous, culminating in a confrontation with Pottinger and his troop. As Hall and the gang had dropped off the radar, elements in the press had attempted to paint Sir Frederick Pottinger and his men as being a law unto themselves. Much criticism from many quarters of the region was directed at Pottinger, who dismissed any notion of unfairness and wreaked havoc against anyone suspected of sympathies toward the bushranging fraternity.
Therefore, the press ran emotional stories in the newspapers of widespread evictions and brutality! This, of course, was exaggerated, although Pottinger could be heavy-handed in his dealings with the Cockatoo squatters. These cockatoo squatters were recipients of the Robinson Land Act of 1861, which gave the poor man an opportunity to take up land, from 40 to 640 acres at 5/- per acre down, balance 15/- per acre, carrying interest at 5 per cent; no interest payable for the first three years, but like all good things it was greatly abused. Dummyism (The practice of purchasing land for another person who is not legally entitled to do so.) and corruption were rampant, and many of the smallholdings reverted back to the big landholders.
Pottinger's antagonism amongst the less well off squatter was to reach the corridors of power in Sydney, often dividing Macquarie Street's power brokers. However, any criticism of Pottinger reinforced his defence to maintain a position of strength by wielding the law to the fullest. Pottinger was in no way an advocate nor a fan of leniency nor compassion. Pottinger's hard-line stance was demonstrated when a subordinate, Constable Hassen, was charged with killing a man in police custody. Sir Frederick was called a character witness for the constable; 'Goulburn Herald', January 1863:
Boyd never the less put himself in an attitude as if about to strike; on which Hassen fired Boyd fell mortally wounded. He died about noon. The jury by a majority of 7 to 9, returned a verdict of justifiable homicide. Sir Frederick Pottinger gave Hassen a good character and said that there had been only one charge against him since he had been in the police force, and that was for excessive leniency.⁶⁶
Newspaper's such as the Empire (1850-1875) had an editorial flair that appeared to garner support to the sympathisers and harbourers of bushrangers. The paper often censured the police over their perceived brutality towards the smaller, less well to do settlers who provided a helping hand for a gratuity from the hunted. Those sympathisers were noted as:
Newspaper's such as the Empire (1850-1875) had an editorial flair that appeared to garner support to the sympathisers and harbourers of bushrangers. The paper often censured the police over their perceived brutality towards the smaller, less well to do settlers who provided a helping hand for a gratuity from the hunted. Those sympathisers were noted as:
His parents, his brothers and sisters, uncles and aunts and cousins for all sorts of assistance. It was from amongst his innumerable relations and their close friends that the 'bush telegraphs,' who kept him aware of the movements of the police, were recruited, and the system of intelligence that served such gangs as those of Frank Gardiner and Ben Hall was highly organised and tremendously effective, even though, as has been said, the bushrangers were expected to pay for it 'through the nose.⁶⁷
On the other hand, some more conservative newspapers like the Sydney Morning Herald viewed the troubles and difficulties faced by Sir Frederick Pottinger more sympathetically. The root of those difficulties was a continued 'Cone of Silence' employed by many inhabitants. Therefore, the more conservative papers judged the inspector far more fairly, such as, 'The Courier' Brisbane:
On the other hand, some more conservative newspapers like the Sydney Morning Herald viewed the troubles and difficulties faced by Sir Frederick Pottinger more sympathetically. The root of those difficulties was a continued 'Cone of Silence' employed by many inhabitants. Therefore, the more conservative papers judged the inspector far more fairly, such as, 'The Courier' Brisbane:
There is nothing in the fact that he wears a title which places his official acts beyond the pale of honest and impartial criticism, but we have yet to learn that it constitutes him a butt for every bilious, ill-natured scribbler, who loves to shine in print. Fiat justitia ruet coelum ("Let justice be done though the heavens fall."). Let Sir Frederick Pottinger, like every other public man, be dealt with upon his merits. Above all, let the truth be spoken of him, and when the occasion is one of sufficient gravity, by all means, employ the language of censure and condemnation, as unreservedly in his as in any other case. Persecution we detest, and have small respect for that class of scribblers who hound a man down for fashion's sake.⁶⁸
Nonetheless, under the spotlight of numerous failures, in particular, Frank Gardiner. Sir Frederick Pottinger was hungry for success. Just one victory would do, and for a brief moment, Pottinger’s luck bore fruit. Sir Frederick's Pottinger's instinct's regarding the Weddin Mountains/Pinnacle/Wheogo areas as a continuous haven for bushrangers, including Ben Hall's previous run at Sandy Creek and his former in-laws at Wheogo as well as the nearby Feehily's Pinnacle Station were places Pottinger considered his best opportunity to 'nail the bastards'. The Pinnacle bordered the same name's range with its outlying miner's huts and a heavily wooded scrubland. Pottinger's dogged patrolling paid off.
Nonetheless, under the spotlight of numerous failures, in particular, Frank Gardiner. Sir Frederick Pottinger was hungry for success. Just one victory would do, and for a brief moment, Pottinger’s luck bore fruit. Sir Frederick's Pottinger's instinct's regarding the Weddin Mountains/Pinnacle/Wheogo areas as a continuous haven for bushrangers, including Ben Hall's previous run at Sandy Creek and his former in-laws at Wheogo as well as the nearby Feehily's Pinnacle Station were places Pottinger considered his best opportunity to 'nail the bastards'. The Pinnacle bordered the same name's range with its outlying miner's huts and a heavily wooded scrubland. Pottinger's dogged patrolling paid off.
On Wednesday 11th March 1863, Sir Frederick, in company with some troopers and the tracker Billy Dargin, were out in the bushrangers' neighbourhood between Wheogo Range (not confused with Wheogo Hill) and Pinnacle Mountains. Traversing the beaten track, the tracker detected fresh hoof prints of a horse crossing their path near Maguire's reef. Billy Dargin directed Sir Frederick's attention to them; 'Sydney Morning Herald' dated the 17th March 1863:
Sir Frederick turned his course in the direction of the tracks. Billy soon pointed out the identical tree which had afforded such friendly protection to Mr, J. O. Norton, the sub-inspector of police. Sir Frederick Pottinger was directing his course again, when he espied in the distance, through the foliage of the trees in the bush, a mounted horseman, and at once gave orders for pursuit. The party were now in the vicinity of the Pinnacle reef, and, first of all ordering two of his troopers to make round the hill, on which the reef is situated, in order to intercept the flight of the horseman, Sir Frederick, with the black tracker and the two remaining troopers, continued the chase. All this was done in less time than it takes to write, and very shortly afterward Sir Frederick pulled up before some deserted-looking huts and found a horse, with a saddle on it, tied up to one of the huts.
He at once recognised the horse to be one he had seen the night before in Ben Hall's paddock, "all in a sweat." to use the baronet's own language. The black-fellow also recognised a pair of girths on the horse as being a portion of the property stolen from the Police Barracks, at the Pinnacle station, on the occasion of that place being stuck up and robbed during the temporary absence of the police, shortly before. Entering the huts, Sir Frederick saw two or three men inside, and finding them unwilling to answer his questions, he threatened them, where upon he was informed that the rider of the horse was down a shaft on the reef above named.
Proceeding to the place indicated, Sir Frederick found that the shaft was about sixty feet deep, and that a permanent kind of ladder was fixed to the side, for ascent and descent. Sir Frederick called to the man (presuming him to be there) to surrender, but received no answer. Again, after an interval, the same request was repeated, but met with no response. After several minutes, the supposed bushranger was again summoned to appear, without eliciting any reply. At length, finding mild exhortations insufficient, Sir Frederick threatened that he would at once proceed to burn and smoke him out like an opossum.
The man not liking the latter alternative, surrendered at discretion, and was immediately taken into custody. It is obvious that if the notorious Gardiner selects such innocent looking striplings to execute the deeds generally left to men of sterner stuff, it must be for some new arrangement in bush tactics, such as the human telegram hinted at by a contemporary. Patrick Daley, who forms the subject of this sketch, is a mild, youthful whiskerless looking person, with light-blue eyes and fair complexion. There is nothing in his physiognomical expression outwardly, to denote the degraded villain. He certainly, during the examination, kept his head down, glancing furtively round. His eyes move quickly and, with a sinister expression, as if were in the habit of looking under his eyebrow and "taking stock" of those around him. Sir Frederick Pottinger undoubtedly deserves great credit for his prompt action and discernment in this matter; and doubtless, he is willing to accord is portion of the merit to the acute sight of his black tracker. [prisoner was brought before the Forbes bench on the 12th instant, and remanded for a week."]
A chuffed Sir Frederick presented his catch in the Police Court at Forbes on the 24th March 1863. Here the loyal and brave tracker Billy Dargin gave evidence about Daley's involvement with Hall and O'Meally in Inspector Norton's kidnapping. However, Aboriginal Billy's grasp of the court's legalities and proceedings was questioned by the legal eagles. However, after some deliberation by the magistrate, Mr D. W. Irving, J.P. regarding Billy Dargin's understanding of an Oath, the police tracker was asked about his own knowledge of the oath procedure and replied:
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| Patrick Daley's, prison photo 1873. |
That he believed in another world, and that he would be punished if he told a lie.⁶⁹
Moreover in answer to another question on the procedure Dargin stated;
He could not exactly describe the meaning of an oath, although he had heard of the Testament and believed in telling the truth, Billy answered all the questions put to him with an amount of intelligence quite surprising.⁷⁰
It is woefully wrong to assume that Dargin was some illiterate darky, where in fact, he was actually far more educated than Ben Hall.
The Bench, satisfied with Billy's understanding, decided to hear his statement without swearing him in. Dargin was then called to give his testimony and stated:
He was employed in the police force; He was twenty years of age and was baptised twelve years ago, at Windsor, by the Rev Mr Styles. Knew the prisoner before the Court. Some called him "Jonny” and some "Patsy Daley.
Dargin continued:
Was with Mr Norton on the Sunday morning, about a month ago, when near Wheogo, or about three miles from there, they were stuck up by three men. The prisoner was one of them; Ben Hall and John O’Meally were the two others. On the morning, we started from Wheogo, we passed Mr Walsh's along the road, close to M'Guire's home. We saw two men riding along—one leading a horse. The two men had a gun on each thigh. They did not seem to be troopers. Mr Norton told them to come along and follow him. The prisoner was one of them, and John O’Meally was the other; Ben Hall was not there then, coming back met Ben Hall between the house and the paddock. Made a charge at him, pursuing him to the corner of the paddock. Fired once at him. Mr Norton then said we must go for more troopers. Rode on about three miles, and then told Mr Norton that the three men were coming to bail them up. The men did come up, and sang out, "Bail up." The prisoner Daley was over to the left, Ben Hall was behind, and John, O’Meally was to the right, behind a little. Mr Norton was in the middle, and witness was in a clear space about twenty yards from Mr Norton. Mr Norton fired all his charges, and then gave himself up; Did not like to stop and be killed, so prepared to gallop away. John O’Meally then fired, a double-barrelled gun, one barrel was discharged at Mr Norton, and the other at witness. Mr Norton was on foot, standing alongside a tree; witness was, also off his horse at the time, twenty yards from Mr Norton. About thirty shots were fired altogether. Saw the prisoner Daley fire at Mr Norton. Mr Norton gave himself up to John O'Meally. The other two then followed witness; and chased him for a mile and a half; Ben Hall fired at Mr Norton as he passed by."
"Ben Hall then charged witness, and ordered him to bail up against a tree; said—he would see them d--d first. Witness then jumped off his horse and taking up a pistol he had thrown upon the ground, threw it at Ben Hall, hitting him on the jaw; Ben Hall then called out to Daley to come on with his revolvers. By the Bench: The pistol struck Ben Hall on the right ear. Prisoner Daley; was engaged loading two revolvers. Ben Hall called out, come on with the revolvers. Young O’Meally then came up and gave one of his revolvers to Ben Hall. Witness then took off his boots, leggings, and coat, and run off, throwing sticks at his pursuers the whole time. They, chased him in this manner for eight-miles, firing all the way, till they got near the Pinnacle Mountain. They told him they would "whollop" him to death with sticks; witness replied, he would like to have a chance with him; he would forgive them if they killed him with sticks. They then went under the Pinnacle, and picked up some small pebble stones and fired them at witness. The prisoner Daley said, "I like you, you white livered scoundrel. “Witness in reply told Daley, "He would like him better if he would get off his horse. Afterwards asked them if they would go to the Pinnacle, and he would shout for them. Ben Hall said, "Well, old man, you're a plucky one, and we'll let you off, but we'll stick up your barracks to-night." They then went off to the Pinnacle—To the Bench "Am certain the prisoner is the same man who was with Ben Hall when the police barracks were stuck up. Followed them at that time, with Prince Charlie and trooper Hollister. Chased them for three miles and a half, and should have taken them but for Hollister getting thrown from his horse through running against a tree. Saw the prisoner Daley snap his revolver three times at Charlie. —To Sir Frederick Pottinger: Can swear that prisoner is one of the three men who stuck up Mr Norton, and likewise to being the same we chased with the trooper Hollister. —To the Bench. Identified the prisoner directly when he was taken into custody by Sir Frederick Pottinger.⁷¹
"Ben Hall then charged witness, and ordered him to bail up against a tree; said—he would see them d--d first. Witness then jumped off his horse and taking up a pistol he had thrown upon the ground, threw it at Ben Hall, hitting him on the jaw; Ben Hall then called out to Daley to come on with his revolvers. By the Bench: The pistol struck Ben Hall on the right ear. Prisoner Daley; was engaged loading two revolvers. Ben Hall called out, come on with the revolvers. Young O’Meally then came up and gave one of his revolvers to Ben Hall. Witness then took off his boots, leggings, and coat, and run off, throwing sticks at his pursuers the whole time. They, chased him in this manner for eight-miles, firing all the way, till they got near the Pinnacle Mountain. They told him they would "whollop" him to death with sticks; witness replied, he would like to have a chance with him; he would forgive them if they killed him with sticks. They then went under the Pinnacle, and picked up some small pebble stones and fired them at witness. The prisoner Daley said, "I like you, you white livered scoundrel. “Witness in reply told Daley, "He would like him better if he would get off his horse. Afterwards asked them if they would go to the Pinnacle, and he would shout for them. Ben Hall said, "Well, old man, you're a plucky one, and we'll let you off, but we'll stick up your barracks to-night." They then went off to the Pinnacle—To the Bench "Am certain the prisoner is the same man who was with Ben Hall when the police barracks were stuck up. Followed them at that time, with Prince Charlie and trooper Hollister. Chased them for three miles and a half, and should have taken them but for Hollister getting thrown from his horse through running against a tree. Saw the prisoner Daley snap his revolver three times at Charlie. —To Sir Frederick Pottinger: Can swear that prisoner is one of the three men who stuck up Mr Norton, and likewise to being the same we chased with the trooper Hollister. —To the Bench. Identified the prisoner directly when he was taken into custody by Sir Frederick Pottinger.⁷¹
(This account, although slightly embellished, confuses Ben Hall with O'Meally, as Norton stated under oath that Ben Hall guarded him as well as a shot at him whilst Daley and O'Meally conducted the short chase of Dargin. For Dargin's story, see The Traps page.)
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| John Wilson, mate of Sir Frederick and John Maguire. |
Under pressure from Sir Frederick Pottinger, Wilson moved to evict them all. It's worth noting that as early as 1861, there had been efforts in the New South Wales Legislature to remove defaulting renters and undesirables from leased Crown Lands. During that year, Ben Hall held legal tenure over Sandy Creek. However, the Crown Lands Occupation Act of 1861, enacted in response to those criminal activities, impacted the lease of Sandy Creek. This resulted in Wilson taking up the lease in late 1862. A factor that played a role in Hall losing his hold over the land was his failure to sign the lease transfer to Wilson and settle any rent arrears with the government.
In March 1863, officials from the Lands Office, including a certain Mr Crosby, were instructed to pass on information about individuals unlawfully occupying Crown Land to the police in Forbes. This list included Ben Hall's homestead. Consequently, Hall's hut became one of the first in the Lachlan District to be subjected to these impending, arbitrary evictions.as set out under section 32 of the Act, which stated in part:
On being satisfied of the truth thereof, either by the admission of the person informed against or on other sufficient evidence such Justices shall issue their warrant addressed to the Commissioner of Crown Lands or to any Chief or District Constable or other proper officer requiring him forthwith to dispossess and remove such person from such land and to take possession of the same. (See Sources page.)
The severity of these actions, which left a mother and her baby exposed to the harsh elements, stirred discontent among Hall's close associates and significant landowners, such as William Jameison of Back Creek Station.
Nevertheless, Pottinger remained steadfast in his conviction that Hall's former residence was serving as a sanctuary for the elusive bushranger and other criminals. He perceived these individuals as a 'low character', a prejudiced view that was possibly influenced by his aristocratic background.
The destruction of Hall's home was a bold demonstration of Pottinger's intention to exert control over those he considered part of a criminal underclass. The inspector aimed to send a strong message that the police were a force to be respected and obeyed, not hindered.
In June 1863, Pottinger relayed a memorandum justifying his actions to the Inspector-General of police, Captain McLerie. The document underscored Pottinger's disdain for the class of people who, in his view, operated under a 'cone of silence' when dealing with the authorities.An extract follows:
I accordingly deemed it my duty to at once summarily interfere and conclusively show Hall and those of his class in the district that at any rate, as yet, they could not have everything exactly as they thought fit.⁷²
Dealing with the widespread illegal occupancy of Crown Land was a significant challenge for the government at the time. Many of these unauthorised occupants were known to support the bushrangers like Ben Hall actively, often providing them with food and shelter. However, these exchanges were not necessarily born out of camaraderie but often involved substantial payment. The apparent sympathy and assistance given to the bushrangers caused considerable frustration among the New South Wales Police, who sought stronger powers from Parliament to act against those suspected of providing safe havens.
The destruction of Ben Hall's home marked a significant step by the government in addressing the issue of unlawful occupancy. It was part of the government's broader strategy to tackle the problem of squatters who were residing on land without proper leasing agreements. However, these harsh actions did not go without criticism, with some sections of the media expressing strong disapproval of the government and police's behaviour. These critics argued that attempting to suppress support for bushrangers by any means necessary was an overreach of power. 'Sydney Morning Herald', April 28th, 1863; Dispossession of Illegal Squatters:
The destruction of Ben Hall's home marked a significant step by the government in addressing the issue of unlawful occupancy. It was part of the government's broader strategy to tackle the problem of squatters who were residing on land without proper leasing agreements. However, these harsh actions did not go without criticism, with some sections of the media expressing strong disapproval of the government and police's behaviour. These critics argued that attempting to suppress support for bushrangers by any means necessary was an overreach of power. 'Sydney Morning Herald', April 28th, 1863; Dispossession of Illegal Squatters:
The success and impunity with which Gardiner and his gang and other bushrangers have, during many months, carried on their depredations, have been to a considerable extent owing to the assistance and shelter that have been afforded them by a class of unauthorised occupants of Crown lands, known in the provincial slang as "Cockatoo squatters." It is satisfactory to learn that, in connection with other efforts that are being made by the police to drive out of their haunts the desperadoes whose doings have caused so much alarm in the Western districts, steps are being taken at the instigation of the Secretary for Lands for the dispossession of the harbourers of these rascals from the lands of which they have for a long-time held illegal possession. The officers in charge of the police at Bathurst, Young, and Forbes have been furnished from the Lands Department with lists of licensed holders of runs in the country between those three divisions, and all persons found in occupation not included in those lists will be proceeded with under the 32nd Clause of the Crown Lands Occupation Act, which provides for the removal of trespassers on public lands. The country comprehended in the above districts extends from the Fish River down as far as the levels near the Murrumbidgee, and reaches westward as far as the Billybong, and northward to the Lachlan. The police having received the lists, are preparing to put the law into operation, and we may expect shortly to hear if the enforced dispossession of some of these unlawful occupants (many of whom have accumulated considerable wealth), unless in the meantime they should anticipate their expulsion by clearing out.
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| Constable John Bohan who would assist Constable Hollister at the burning of Hall's home, and later act in Hall's death. |
This formidable individual, a considerable portion of whose business and pastime consists in threatening honest wayfarers' bodies and brains, is notorious in these regions as a bushranger and outlaw. His hut has long been known to the police as a rendezvous of Gardiner and his infamous gang, and therefore, socially speaking, as a pestilence and plague-spot in the community. He, however, held no property in the land which he occupied, not even as a lessee; and as it was wisely judged that the presence of such a man, even if occasional, and the existence of such an establishment were a constant menace to the peaceable and well-disposed who sojourned in those parts, in obedience to an expressed wish of the lessee himself, who was desirous of being ridded of such a neighbour, the place was finally burned down.⁷³
Despite the ongoing debate over the legality and morality of these actions even a century and a half later, the facts of the situation are irrefutable. Susan Pryor and her mother, Mary Prior, were reportedly given a week's notice by Wilson, through Pottinger, to vacate the property. This demand came in early March 1863, but it wasn't issued via a court order. Instead, it was a unilateral decision by Inspector Pottinger, who orchestrated the final destruction of the hut under government sanction on March 14, 1863.
Constable William Hollister, an American by birth and one of the police officers present during the incineration, confirmed the date and conduct of these events in his police diary. Hollister was the same constable who had chased Hall and Patsy Daley after their raid on the Pinnacle police station just five weeks prior in February 1863. During Hall's capture, he revealed to Inspector Norton his intention to murder Hollister, making the constable's role in the destruction of Hall's former home all the more poignant. Hollister diary entry of the incineration follows; Saturday 14th March 1863:
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| Hollister's actual diary entry, March 1863. Courtesy R.A.H.S. |
At Wheogo burnt Ben Halls house down and myself and constables Bohan and Hamilton went to Pinnacle station Hamilton to proceed to Gooloogong to take charge of the Gooloogong station.⁷⁴
Note: Newspapers and Government records show two versions spelling Susan's surname Pryor/Prior. I have at times used both versions. The photo on this page of William Hollister is the first time published at the time of writing.
Furthermore, a letter addressed to the editor of the 'Sydney Morning Herald' refers to Ben Hall's girlfriend Susan Prior's standing as:
The lady pro-proprietress of Ben Hall's household is a single female, who nevertheless luxuriates in the blessings of maternity, having, it is said, usurped that place in the outlaw's affections which properly belonged to the married Mrs Hall.⁷⁵
Leading up to the destruction Ben Hall upon hearing of the verbal eviction order against his folk became furious whereby he:
Had threatened to scatter a considerable quantity of brains, to whomsoever belonging, if his mansion were in any way interfered with.⁷⁶
Despite Hall's violent threats, Sir Frederick Pottinger remained undeterred in enforcing Wilson's orders. Commanding his constables to remove the inhabitants' possessions, their belongings were unceremoniously discarded into the elements. A letter to the 'Sydney Morning Herald' from 'Veracity' confirmed that the occupants were indeed given ample notice to vacate, challenging the established historical belief. In carrying out the orders, Pottinger was acutely aware of the potential backlash but felt justified in disrupting what he saw as a support network for the bushrangers. The harsh action taken was emblematic of the escalating conflict between law enforcement and bushrangers, with innocent individuals caught in the crossfire. Despite the controversy, Pottinger stood by his decision, viewing it as a necessary action in their quest to bring Ben Hall and his gang to justice.
This hot-bed of rascality was not destroyed until after frequent notice was given to the occupants to clear out, but instead of doing so they pertinaciously held on, and when at length it became necessary to eject them and destroy their den, the furniture and other valuables were first removed, and left at the disposal of their owners.⁷⁷
Following the destruction of their home, Susan Prior, the mother of Ben Hall's infant daughter, was left to watch helplessly as their dwelling was set ablaze. Although her home was lost, Susan was undeterred, returning to Lambing Flat, where she remained for some time before moving to Boorowa. There, she began a relationship with a man named Alfred Stonham around 1864. They stayed together until Alfred's death in 1907 at Tangmangaroo, near Yass. Despite their separation, Ben Hall did not abandon Susan and his child, Mary. He frequently visited them, providing support and using their home as a sanctuary during his years roaming the Boorowa district. In 1864, Susan gave birth to a son, Alfred. Evidence suggests the boy was Hall's.
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| Rare portrait of William Jameison father of bushranger John Jameison. c. 1860. |
Sir-"I must tell you about burning of houses and turning women and a baby out in the cold to get shelter under the trees in wet. One of the women is now under the doctor's care, from being out with only a small bit of calico to keep the night air and cold from her and a baby of two months old. That was after Sir Frederick burnt the house and all that was in it. The two women and baby had to stop out in the wet. Sir Frederick and two men were, at Hall's house. He burnt the house down and turned the women out. The man (Hall) was only a hundred yards from them on a knocked-up horse. He only galloped a quarter of a mile, and then his horse gave in, and he jumped off and let the horse go. They got the horse but not the man. Still, Sir Frederick was riding as good a horse as was in the district; but he acted in his usual way, disputing with the women, instead of going after the bushrangers. That is the way he has always acted, for he has not yet taken a man that tried to get away; and then his excuse is to the Government that the squatters harbour them.⁷⁸
Mr Jameison was the father of John Jameison, a young man who often found himself in the company of Ben Hall and John 'Warrigal' Walsh. He had been apprehended by the police on multiple occasions and was known to have participated in several hold-ups.
Not long after Jameison's candid letter surfaced, he died under suspicious circumstances following a fall from his horse near Goulburn. His death further inflamed the tension within the community.
While Jameison had shown both admiration and criticism for Pottinger in his dealings, his thoughts on the police's conduct, especially that of Pottinger, were further articulated in another letter he sent to the editor of 'The Sydney Morning Herald.' This letter was shared by John A. Hux, revealing more of Jamieson's insights and opinions about the controversial law enforcement practices of the time.
Not long after Jameison's candid letter surfaced, he died under suspicious circumstances following a fall from his horse near Goulburn. His death further inflamed the tension within the community.
While Jameison had shown both admiration and criticism for Pottinger in his dealings, his thoughts on the police's conduct, especially that of Pottinger, were further articulated in another letter he sent to the editor of 'The Sydney Morning Herald.' This letter was shared by John A. Hux, revealing more of Jamieson's insights and opinions about the controversial law enforcement practices of the time.
Some short time before the unfortunate man Jamieson died, he visited this township. I had a conversation with him, during which the conduct of the police was very warmly discussed—Jamieson being particularly severe on Sir F. Pottinger for turning out the woman and burning down Hall's house, concluding with the following words, as near as I can possibly recollect:—"I admit he (Sir F. P.) is the most courageous and plucky policeman that ever I knew, and had he been here some few years since he would have played hell with the cattle racket, but he is a damn wretch to turn women out of house and shelter.⁷⁹
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| Colonial Secretary Mr Charles Cowper. c. 1870's. |
Pottinger's memorandum was presented to the NSW Legislative Assembly with the intent to placate members' concerns by providing a comprehensive account of the law enforcement's challenges in policing such a vast, largely uninhabited and desolate portion of the state. The document illustrated Pottinger's conduct and underscored the difficulties faced by other commanders in an untamed territory, where their efforts were often unappreciated and scorned by insulated parliamentarians who rarely ventured beyond Macquarie Street.
Intriguingly, Pottinger addressed the issue of Ben Hall's home's destruction in a rather offhand manner, attributing the decision to John Wilson. It highlighted the complexity of the circumstances, and the delicate balance between law enforcement and individual rights in a region often dictated by lawlessness.
But one ejectment has been enforced by Lachlan police. Ben Hall's house was alone burnt down, and that at the request of the then (by mortgage) actual proprietor. The house was at the time occupied by Henry Gibson (notorious villain since committed), also illegally at large from Victoria, Mrs McGuire, and Susan Pryor, and Hall's mother, and was daily frequented by bushrangers, a week's notice was given and nothing destroyed—no woman or child frightened or molested.⁸⁰
Surprisingly, Pottinger mistakenly took Mrs Mary Prior as Ben Hall's mother. (The full memorandum can be read on the Traps Page.)
Author's Note: The death of William Jamieson at the time was considered a mystery;
Author's Note: The death of William Jamieson at the time was considered a mystery;
It was a three day's trip to Goulburn, Mr Jamieson making the trip from there, removing his money from the Commercial Bank, Goulburn, intending same to be placed at Young. He was found on the road four miles out of Goulburn by a man named Broffie; he had no pocketbook, and the valise was gone, being taken off his saddle; he was insensible and taken into Goulburn where he died at 3 o'clock next morning. He was a very fine horseman; his horse Merrylegs was found feeding 100 yards from where he was lying, but his mare, Lauristina, whom he was leading back to the station, was gone. £50 reward was offered for the recovery of Lauristina, as by finding her same might lead to the cause of death, but she was never heard of again. William Jamieson's death was a mystery never unravelled. He was a very abstemious man, a perfect gentleman, very smart all-round, a good runner, and made quite a name for himself in performing a feat, while at a place between Burrowa and Walla Walla, which has been called Jamieson's Flat.
Every story indeed has two sides, and the events surrounding the incineration of Hall's home are no exception. Contrary to a somewhat chivalrous portrayal of Pottinger and his men's interaction with Susan Prior during the destruction of the dwelling, the act led to an immediate state of poverty for the women and children inhabiting the house.
On the day of the police action, Ben Hall was present, and his attempts to distract the police and engage them in a confrontation were met with dismissal. This refusal to be drawn away from their mission by Hall led to considerable ridicule of Pottinger by Mr Harpur. As documented in the Parliamentary Hansard, Harpur praised Hall's courageous attempt to divert the police's attention. Still, it was insufficient to deter the determined and resolute Sir Frederick Pottinger. This incident's narrative highlights the tension and conflict between the bushrangers and the police and their families.
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| Joseph Jehoshaphat Harpur. (1810-1878) |
On the day of the police action, Ben Hall was present, and his attempts to distract the police and engage them in a confrontation were met with dismissal. This refusal to be drawn away from their mission by Hall led to considerable ridicule of Pottinger by Mr Harpur. As documented in the Parliamentary Hansard, Harpur praised Hall's courageous attempt to divert the police's attention. Still, it was insufficient to deter the determined and resolute Sir Frederick Pottinger. This incident's narrative highlights the tension and conflict between the bushrangers and the police and their families.
When the police came to the house of Ben Hall, he (Hall) ran away, mounted his horse. Sir Frederick Pottinger sent two policemen after him. They chased him, and Ben Hall with two revolvers jumped from his horse and faced them. The policemen brought back the jaded horse to the house. At that time, Sir Frederick Pottinger was riding one of the best horses in the district, but when these men came back, instead of going after the robber, he ordered them to set fire to the house. They burnt it down, the women not being allowed to bring out their clothes. It was raining at the time, and the women and children took shelter under a gum tree. However bad Ben Hall was, it was not right to punish these poor women and children.⁸¹
In the wake of his home's incineration, Ben Hall's anger towards Sir Frederick Pottinger grew into a seething, all-consuming hatred. Hall had failed to carry out his threat to "scatter a considerable quantity of brains" during the police action, but it was not for lack of trying. However, the destruction of the home that he had built with his own hands marked a decisive turning point in Hall's life. It was the final nail in the coffin of any hope he might have had for redemption.
From that point onwards, Hall wholeheartedly embraced a path of criminality, throwing himself willingly into the arms of 'Hades'. As the years passed, the charred remnants of Ben Hall's once cherished home stood as a stark reminder of life irrevocably changed. The remains of his house visited and recorded by R. Fitzgerald of Wamboyne in 1876, were a tangible testament to the personal tragedy and lawless exploits that marked Ben Hall's infamous legacy when writing for the 'Wyalong Advocate' in 1919:
From that point onwards, Hall wholeheartedly embraced a path of criminality, throwing himself willingly into the arms of 'Hades'. As the years passed, the charred remnants of Ben Hall's once cherished home stood as a stark reminder of life irrevocably changed. The remains of his house visited and recorded by R. Fitzgerald of Wamboyne in 1876, were a tangible testament to the personal tragedy and lawless exploits that marked Ben Hall's infamous legacy when writing for the 'Wyalong Advocate' in 1919:
That was the month of May, and we used to get a load of shearing supplies to take out to Caragabal station. We went through by Wheogo, and there I saw the remains of Ben Hall's Hut, it had been burnt down, and there were only the burnt stumps remaining.⁸²
However, after the deed was done in a surprise statement, the Lands Minister, Mr Robinson, denied that Hall's home was incinerated as means of the Crown Lands Act.
However, after the deed was done in a surprise statement, the Lands Minister, Mr Robinson, denied that Hall's home was incinerated as means of the Crown Lands Act.
There was a communication suggesting the expulsion by the police of illegal holders, but it was not thought advisable to act in this way. He believed the police had burnt down the residence of the notorious bushranger, Ben Hall; but it was the only case, and was not done under the Land Act.
Author's Note: Ben Hall and McGuire were not the only people who owed monies to John Wilson, Mrs Sarah Walsh, Ben Hall's mother-in-law, also borrowed money from Wilson for legal representation associated with her stepson's arrest after Pottinger failed to capture Frank Gardiner at Kitty Browns home and he took the boy instead, (young John 'Warrigal' Walsh would die in the Forbes lock-up from Gaol fever in 1863) John Wilson would take legal action against the Walsh’s and would also become the eventual owner of Wheogo Station. (See article left.)
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| John Wilson's claim on Wheogo Station. |
In the aftermath of Patsy Daley's capture, Sir Frederick Pottinger rode once more through the expanses of the Wheogo region, his energy renewed and his determination set. His ambition was clear: to finally capture Ben Hall. Fate seemed to favour his mission when, near the charred remains of Hall's home, he spotted Hall himself, along with the evicted women who had been forced to reside in a makeshift calico tent.
Despite their sudden eviction, these women continued to support Hall, providing him with valuable information, food, and other necessities. Spurring his horse into a gallop, Pottinger and his troopers charged towards Hall and his companion, John O'Meally, hoping to cut off their escape. But as night descended, the bushrangers vanished into the thick pine scrub. They abandoned their equipment in their haste, and Hall even left his horse behind.
In the wake of this pursuit, Pottinger telegraphed the Inspector General of Police in Sydney, recounting the events of March 18, 1863. He described his encounter with Hall and O'Meally, shedding light on the close ties between the two outlaws. The presence of O'Meally with Hall, not long after the murder of publican Cirkel at Stoney Creek, raised suspicions about Hall's involvement in the brutal act at 'The Miners Home Inn'.
In the aftermath of the chase, Susan Prior's younger brother, William, was apprehended and intensely questioned about Hall's whereabouts. Despite their hardships, Hall's network of supporters remained resilient, their loyalty seemingly unswayed by the ruthless tactics of law enforcement.
Despite their sudden eviction, these women continued to support Hall, providing him with valuable information, food, and other necessities. Spurring his horse into a gallop, Pottinger and his troopers charged towards Hall and his companion, John O'Meally, hoping to cut off their escape. But as night descended, the bushrangers vanished into the thick pine scrub. They abandoned their equipment in their haste, and Hall even left his horse behind.
In the wake of this pursuit, Pottinger telegraphed the Inspector General of Police in Sydney, recounting the events of March 18, 1863. He described his encounter with Hall and O'Meally, shedding light on the close ties between the two outlaws. The presence of O'Meally with Hall, not long after the murder of publican Cirkel at Stoney Creek, raised suspicions about Hall's involvement in the brutal act at 'The Miners Home Inn'.
In the aftermath of the chase, Susan Prior's younger brother, William, was apprehended and intensely questioned about Hall's whereabouts. Despite their hardships, Hall's network of supporters remained resilient, their loyalty seemingly unswayed by the ruthless tactics of law enforcement.
Camped about Wheogo till Sunday, when, just after sundown, came with two of my troopers on Ben Hall and John O’Meally, standing about six hundred yards off, talking to Mrs McGuire and Susan Pryor the female aforesaid. The woman at once gave the word, and the men bolted into the brush. We, however, pressed them so hard that Hall had to give us the slip-on foot, leaving his horse and swag, containing ammunition and firearms-magnificent Tranter revolver and Government pistol, taken from the Pinnacle. It being by this time quite dark, and the scrub being dense, we could do nothing more, and returned to camp. Next morning, we took up the tracks for some twenty-six miles, till, about three miles hence, we apprehended William Pryor, a lad of about seventeen, whom I hope to make very useful. I start again in an hour, till last night none of us had slept in a bed, and none of the horses had a feed since we left Forbes.
Note: William Prior is the younger brother of Susan Prior. Also, Hall's possession of the weapons stolen from the Pinnacle police station demonstrate his complicity in the February robbery.
Extract from William Hollister's Diary below, held at the Royal Australian Historical Society, Sydney. Portrait of William Hollister, first time published.
The arbitrary actions of Sir Frederick were recorded in Hollister's diary and corroborate the information contained in Pottinger's telegram of the 18th March; Hollister Diary Entry-Sunday 15th March 1863:
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| William Hollister. c. 1870's. Courtesy of R.A.H.S. |
With Const Bohan from this station to Pinnacle reefs and met Sir Frederick Pottinger Constables Garlin Day and Dargin Brechs from Pinnacle reefs to Wheogo myself with Sir Frederick Pottinger and Constable Day went up to Ben Halls place got within 500 yard and saw two men who on seeing us bolted encounted gave chase but being dusk they got away in coming back found a horse saddle and bridle on a swag another saddle a government horse pistol on the swag and a quantity of ammunition bottle of port wine Poncho and Mrs MaGuire said the two men were Ben Hall and young Prior Found one Tranters revolver.
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| William Hollister. NSW Police Employment Record May 1862. New South Wales, Australia, Registers of Police Employment, 1847-1885. |
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| Hollister's diary, March 1863. |
In an attempt to address these concerns, Sir Frederick Pottinger, responsible for the Lachlan Police District, submitted a memorandum to parliament. This memo, previously requested by the Colonial Secretary, contained a detailed account of Pottinger's conduct and his experience overseeing the district's policing. Furthermore, it provided an insightful depiction of the territory under his jurisdiction.
Pottinger's goal was clear: to shed light on the enormous challenges the police force faced, given the district's sheer vastness and complex social dynamics. He hoped that by presenting an in-depth view of his tasks, he could quell the mounting criticism and bolster understanding among the honourable members of the intricacies and tribulations encountered in his line of duty.
The Lachlan police district comprises an area of about 600 miles by 200, but does not include the Wedden. 1. Forbes is ninety-five miles from Young, the point of junction between the two districts (the Lachlan and Captain Zouch's), being just half-way. 2. The Lachlan police do duty in the bush invariably in plain clothes, saddles, &c., without swords, disguised in fact as far as possible like bushrangers. Their 'orders' are to 'bush out,' avoiding roads, public-houses, stations, &c., in short, to in every way conceal themselves and their movements, which orders are generally duly obeyed. I have myself 'bushed out' with parties for fifteen and twenty days consecutively, the men subsisting solely on the 'rations' with them, and the horses on grass feed. From the 15th of June to the 1st of December, 1862, I slept out in the bush ninety-three nights, and I am prepared to show that I have (by the universal admission of all my men), done more bush duty than any officer or constable in the colony.⁸³
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| Sir Frederick Pottinger in the uniform of Inspector. c. 1864. |
Adding to the turmoil, the New South Wales Police Gazette entries in the early months of 1863 were inundated with crime reports from 'the interior'. This rampant criminal activity seemed insurmountable for the police in the afflicted districts. As such, many holdups and robberies often went unreported due to victim apathy and a prevailing sentiment that the police were reluctant to respond in any significant manner.
Ernest Bowler, a contemporary observer, exemplified this attitude of indifference. Bowler recounted a personal experience of being held up by Ben Hall's gang members, an incident he chose not to report, highlighting the general sense of futility many felt regarding police intervention at the time. 'The Moleskin Gentry'; by Frederick Howard. Ernest explains:
I was surrounded by four revolvers at my head, so close I could see the bullets in the chambers. One of the boys called me to jump off, as he wanted my horse. Then Ben Hall rode up asking what all the noise was about, Hall said "It’s Mr Bowler. It’s alright let him go.
Earnest then rode on to the town of Orange, and the morning's experience had left him depressed rather than angry, and he reflected that the police were"
Always away on some other route when the boys were close at hand.
Later in the evening Ernest attended a dance after the day's experience, stated:
I didn't take much persuading to go to the ball.
While the evening progressed, the police got wind of Bowler's holdup and called him away from the dance to explain why he had not reported the incident to the police. Bowler's replied:
Because, I thought it was useless; the police always told where they got their information, so I had made up my mind to tell no more.
Although this angered the police, it became the general consensus for survival amongst people living on isolated properties and hamlets in the Central Western Districts.
Note on Earnest Bowler; FORBES, Monday, 7th September 1896.- "This morning news was brought to the town of the death of Mr Ernest Ulysses Bowler, managing partner for Messrs. Suttor and Co, of Boyd station, about 20 miles from Forbes. The deceased gentleman had been suffering from a weak heart for some years and as he was 67 years of age, his demise was not altogether unexpected. He was judging at the Grenfell show that week and returned home on Saturday. On Sunday night he retired to bed in his usual health but awoke at about 2 o'clock and died in less than half an hour. His remains will be brought into Forbes tomorrow for interment. Mr Bowler was the son of Major Bowler a well-known colonist of the early days. Mr Earnest Bowler was one of the earliest pioneers of the Lachlan country and has been a resident of this part of the country for about fifty years. He was greatly respected in this district and great sympathy is expressed with his family. He leaves a widow, one son, and one daughter."
Inspector General of Police John McLerie was the officer charged with the task of overseeing all aspects of policing in New South Wales. As the officer in charge, he had control over the publication of the New South Wales Police Gazette, a crucial tool for disseminating crime reports throughout the state.
Note on Earnest Bowler; FORBES, Monday, 7th September 1896.- "This morning news was brought to the town of the death of Mr Ernest Ulysses Bowler, managing partner for Messrs. Suttor and Co, of Boyd station, about 20 miles from Forbes. The deceased gentleman had been suffering from a weak heart for some years and as he was 67 years of age, his demise was not altogether unexpected. He was judging at the Grenfell show that week and returned home on Saturday. On Sunday night he retired to bed in his usual health but awoke at about 2 o'clock and died in less than half an hour. His remains will be brought into Forbes tomorrow for interment. Mr Bowler was the son of Major Bowler a well-known colonist of the early days. Mr Earnest Bowler was one of the earliest pioneers of the Lachlan country and has been a resident of this part of the country for about fifty years. He was greatly respected in this district and great sympathy is expressed with his family. He leaves a widow, one son, and one daughter."
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| Electric Telegraph. Image courtesy NLA. |
Suddenly crime reporting in the 1860s took a great leap forward through the newly installed and innovative Telegraph line. The line became a vital artery for McLerie, funnelling reports of crimes committed throughout the vast police territories under his command almost instantly. Despite the telegraph's relative speed, it often could remain up to two weeks for the Police Gazette to be relayed, assessed, printed and dispatched via mail coach to the relevant police districts. Officers, eager to capture the lucrative bounties on offer for criminals like Ben Hall, Gilbert, O'Meally, and Gardiner, would often take the initiative and launch a pursuit proir to the receipt of these reports.
The first Telegraph line in New South Wales was constructed between Sydney and Liverpool, spanning a distance of 20 miles, and was operational by 30th December 1857. By 1858, the Liverpool line was extended to Albury on the New South Wales-Victorian border, covering over 300 miles. Importantly, this route traversed through the Southern and Western police districts of New South Wales, bringing real-time communication to the doorstep of these remote communities. By 1861, Sydney was linked to Brisbane by telegraph, marking a significant shift in the way information was shared and potentially shifting the balance in the police's battle against bushrangers such as Ben Hall.
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| Inspector-General of NSW Police, Captain John M'lerie. c. 1863. Penzig. |
For example, a crime committed in one police district on one specific day, along with the relevant information of the suspected offender, was telegraphed to Sydney, assessed and printed.
These telegraphs had their fingers on the pulse of polices' activities and were able to pass the word swiftly for a payment. The young boys, such as Johnny 'Warrigal' Walsh, Ben Hall's brother-in-law, were adept at eluding police while delivering messages. Still, another great help in the bush telegraph service was rendered by girls who could ride fast and hold their tongues, like the O'Meally sisters.
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| ".. too late there goes the telegraph." Image courtesy NLA. |
A perfect system of 'bush telegraphy' had been established in every locality where their friends resided; and as they invariably moved with a given object from their hiding places, and either returned direct to the place from which they had started or made for some other friendly shelter in another direction, they were always in touch with their 'telegraphs,' and were thus kept posted in every movement made by the police force. Upon these 'telegraphs' the bushrangers depended as absolutely as do the officers of an army upon their scouts when in the territory of an enemy. Flitting on fast-footed horses from station to station in the disturbed districts, or mixing with the people in the nearest town, generally, the headquarters of the police, the 'telegraphs' would pick up every scrap of information likely to be of interest to the hunted men, sometimes coming into contact with the police, and learning directly all they desired to know, and, having satisfied themselves concerning police, intentions, they would suddenly disappear and conveyor send their news to the camp where the bushrangers were located. Occasionally one of these 'telegraphs' would be arrested,. Still, as nothing could be proved against him, a few days confinement between the time of his arrest and his discharge by the magistrate formed the worst of his sufferings. And should a suspected 'telegraph' find himself too closely watched or be arrested, others were always ready to take up the work. They were invariably young men, some of them mere boys, intimately acquainted with the bush, who could cover miles of the roughest country more speedily than the badly mounted troopers could ride along good roads. Ben Hall, Gilbert, and O'Meally had hosts of such friends in the Lachlan district.⁸⁴
During his early days as a stockman and his tenure at Sandy Creek, Ben Hall had built a network of relationships with individuals who held him in high regard. As he ventured into a life of bushranging, these connections proved invaluable, offering safe harbour to Hall and his partners. This support, coupled with his trusted 'Bush Telegraph' network, allowed the gang to remain elusive, frustrating the police and staying a step ahead of their pursuers. Despite their notorious exploits, their ability to remain under the radar was a testament to Hall's strategic foresight and his careful cultivation of relationships throughout his life.
During his early days as a stockman and his tenure at Sandy Creek, Ben Hall had built a network of relationships with individuals who held him in high regard. As he ventured into a life of bushranging, these connections proved invaluable, offering safe harbour to Hall and his partners. This support, coupled with his trusted 'Bush Telegraph' network, allowed the gang to remain elusive, frustrating the police and staying a step ahead of their pursuers. Despite their notorious exploits, their ability to remain under the radar was a testament to Hall's strategic foresight and his careful cultivation of relationships throughout his life.
Bushrangers are harboured and assisted, the fact that they have belonged so distinctly to definite localities would demonstrate it. The Western gang had its headquarters in the Weddin district, to which it could always retire for concealment, and out of the range of which it was always more exposed; and the associations and relationships its members held with persons resident in the locality quite explain the security it enjoyed and the way in which the police were baffled. But the police knew too well how much the bushrangers were harboured and helped by a set of the residents, some of whom were their relatives, and many of whom were their chums. As long as bushrangers are harboured, and sheltered, and warned, so long the police will hunt for them blindfold. But wherever the police can rely on the co-operation of the inhabitants, they show that they are not deficient in skill or courage. But it is not merely for the armed brigands themselves that diligent search should be made. Such men as Gardner have, doubtless, like their English prototypes, their spies, their harbourers, their "fences." Which way goes their most promiscuous plunder? Where do they brew their punch when they have not a pillaged householder to mix for them? Who are the judicious friends that inform them where they will find an easy booty, and where they will not find a policeman? Till these questions are fully answered, even the apprehension of the most notorious ringleaders will scarcely put an end to the system. The half-hearted scoundrels who keep ostensibly within the shadow of the law, merely that they may share the prey, jackal-like, with the bolder ruffians who defy law-these are the worst traitors to civilisation-the worst enemies to order and security.
Furthermore, there were many persons of good standing who were often intimidated and threatened with summary punishment for not attending to Ben Hall's needs. As commented on:
Other people, under the influence of fear, were compelled to supply them with food and arms.
In his 'Reminiscences of Ex-Superintendent Sanderson,' published in 'Old Times' in May 1903, Charles Sanderson offered insights into the challenging environment in which the police found themselves. He spoke of the solid wall of resistance they encountered in their investigations, a resistance formed by sympathisers who refused to betray Hall and his gang. Sanderson noted the palpable fear and anxiety among those who might have been willing to offer information to the police. Their silence was a testament to the power and influence that Hall and his gang had among the populace, illustrating the complex social dynamics that underpinned their life of crime.
The men of the road were looked upon as heroes and were surrounded with such a crowd of sympathisers and friends, who often acted as bush telegraphs for them, that it was often impossible to keep our movements secret, to say nothing of getting trustworthy information. Needless to say, these people were well paid for their trouble and shared in an indirect way in the proceeds of robberies and sticking-up cases. Even when people were willing to give information they were afraid to; it would mean that they might be shot themselves, or at least get their farms, stables, or haystacks burnt. I never went into a respectable house if I wanted to learn anything. We had scores of persons who wilfully came and gave us the wrong information. When an “affair” was reported, I never looked for the perpetrators in the locality where it had taken place. I let others do that, for I knew that the game I wanted was, by that time, in a very different direction.
In his determined pursuit, Sir Frederick Pottinger remained relentless,
scouring the region of Wheogo and maintaining vigilance over the
smouldering remnants of Sandy Creek. He sought any trace or hint that
might lead him to Ben Hall, often pausing at various stations to extract
information about Hall's potential whereabouts. Through his connections
with John Wilson, the new owner of Hall's former station, Pottinger
received a valuable tip-off: Hall had allegedly left Sandy Creek
accompanied by a woman, suspected to be Elen Maguire. Wasting no time,
Pottinger relayed this fresh intelligence via telegraph to his superior,
the Inspector-General, outlining Hall's movements and potential
destination. Thus, the net began to tighten around the elusive
bushranger, the result of diligent police work and the power of the
burgeoning communication technology of the era. Telegram dated the 23rd March 1863:
Returned here last night, without any further definite results. On Monday last Mrs Maguire and Ben Hall cleared out via Weddin Mountains for the Fish River. Received information to that effect, and accordingly tracked them till foiled, some twenty miles from Wheogo, by inundated Plain. Heard of Hall at the Weddin, so pushed on to Gaps, in my district, leading to Fish River, but coming across no tracks, returned home via Cowra, men and horses having for twelve days and nights bushed out. Ben Hall and party must have crossed onto the Fish River via Marengo or Burrawang in the Southern district. Discovered several camps about Wheogo, and recovered sundry saddles, bridles. &c., &c., stolen property. Please telegraph touching the limits of my district towards the Weddin. The O’Mealy’s and others ought to be at once cleared out, I but I cannot act at present.
Compounding Sir Frederick Pottinger's mounting challenges, the Lachlan District's harsh climate and unpredictable weather patterns proved to be significant obstacles. Having suffered a severe drought from mid-1861 to early 1863, the area finally received much-needed rainfall. However, this relief was a double-edged sword. While the replenished Lachlan River, along with its creeks and waterholes, was a welcome sight, the downpours also washed away crucial tracks and traces that the police had been meticulously following.
For the men on the force, already strained from their relentless pursuit of Hall and his gang, the inclement weather made their task even more taxing. They were now grappling with harsh, cold and damp conditions.
Meanwhile, it can be assumed that Ben Hall, far more acquainted with the land and its secrets, sought refuge in the warm embrace of a shepherd's hut or a supportive harbourer's abode, protected from the downpour. He must have been acutely aware of how the harsh weather played to his advantage, erasing his tracks and further complicating the pursuit of Pottinger and his men. As reported:
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| 'inundated Plain' Image courtesy NLA. |
For the men on the force, already strained from their relentless pursuit of Hall and his gang, the inclement weather made their task even more taxing. They were now grappling with harsh, cold and damp conditions.
Meanwhile, it can be assumed that Ben Hall, far more acquainted with the land and its secrets, sought refuge in the warm embrace of a shepherd's hut or a supportive harbourer's abode, protected from the downpour. He must have been acutely aware of how the harsh weather played to his advantage, erasing his tracks and further complicating the pursuit of Pottinger and his men. As reported:
For some months during the past summer, the bed of the Lachlan, throughout very many miles of its course, has been dry with the exception of waterholes at a few places, far distant from each other. During the past week, however, an extensive fresh has come down, by which the channel of the river has been completely filled, and the water is now commencing to flood the flat and to run out into the numerous creeks, which are to be found on the Lower Lachlan, this flood will prove of very great service to the settler, as it will not only ensure a plentiful supply of water for the stock but will also, by swamping the flats, cause a luxuriant crop of grass to spring up on land which otherwise would remain barren and unprofitable.
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| Bushrangers in Australia By: Joseph Ratcliffe Skelton. c. 1910. |
Although initially limited in its reach, the new network commenced its operations as early as June 1860. It continued to expand gradually, eventually reaching all major settlements throughout NSW and beyond, following the path of the telegraph lines.
This emerging technology was praised for its potential to safeguard individuals' funds against the risk of robbery. The Money Order system represented a major leap forward in financial security, making it increasingly difficult for the likes of Ben Hall and his gang to intercept and seize people's hard-earned money. It marked a significant turning point in the fight against bushrangers, demonstrating the power of innovation in thwarting criminal activities, highlighted in the 'Moreton Bay Courier', Thursday 26th July 1860;
The plan, which is very simple, may be briefly explained as follows: -a working man who presented himself at a Money Order Office with a sum-say £4-for the Savings' Bank would obtain a money order to that amount, and enclose it in a printed form to the Savings Bank Manager, who would in course of post return to him the usual voucher, and the transaction would be complete. In withdrawing the money, he would have to transmit by post this voucher to the Savings Bank, and he would receive in return a Post Office money order to that amount, minus the commission.
As 1863 unfolded, the use of Money Orders became increasingly encouraged and publicised in journals and newspapers throughout the colony. The benefits of this system were extolled, especially for the rural population. It was seen as a vital tool to secure the transfer of their funds, thereby reducing the attractiveness of their hard-earned cash to opportunistic highwaymen.
The press played a pivotal role in promoting this new financial service. They emphasised its safety features, ease of use, and the significant layer of protection it added against the ever-looming threat of bushrangers like Ben Hall and his gang. The push for the widespread adoption of Money Orders served as a testament to the times - a symbol of society's willingness to adapt and implement new strategies to counter the persistent menace of bushranging. In this way, the narrative of the notorious bushranger, Ben Hall, was not just a tale of crime and punishment but also a catalyst for significant societal and technological progress. 'The Sydney Morning Herald', 27th January 1863:
The press played a pivotal role in promoting this new financial service. They emphasised its safety features, ease of use, and the significant layer of protection it added against the ever-looming threat of bushrangers like Ben Hall and his gang. The push for the widespread adoption of Money Orders served as a testament to the times - a symbol of society's willingness to adapt and implement new strategies to counter the persistent menace of bushranging. In this way, the narrative of the notorious bushranger, Ben Hall, was not just a tale of crime and punishment but also a catalyst for significant societal and technological progress. 'The Sydney Morning Herald', 27th January 1863:
THE POSTMASTER-GENERAL complains of money and other valuable articles being sent in unregistered letters. In France, he observes, it is treated as a penal offence to do this; and in the United Kingdom, letters obviously containing money are not only treated as registered letters but charged with a double registration fee. The introduction of the money-order system, which after too long delay has at length been established (though from want of accommodation in the cramped Post Office buildings, the office is on the opposite side of the street) will tend to diminish the practice of sending money in letters. As the system becomes known, and the people become familiarised to its use, it will be availed of more fully. There is also another cause in operation which will have the effect desired by the POSTMASTER of diminishing the quantity of money, sent up and down the country in letters, though that cause is one that he could hardly have recommended, or speak of with approval the singular success and impunity with which her MAJESTY'S mail now stopped mid ransacked on the highroad acts as a strong inducement to all cautious people not to send money by that means. GARDINER and his colleagues are certainly helping to increase the business of the Money Order Office, by making it so unsafe to enclose notes in letters.
We hope that the Money Order Office will be brought into extensive use for the suppression of highway robbery. While the policeman is exerting himself to affect a cure, for that evil, the money order may facilitate the still more desirable process of prevention. A few days ago, the newspaper reports informed us of a disgusted bushranger, who bitterly complained that there was no use in robbing the particular mail that he was then rifling since it never contained anything worth carrying away. The fellow seemed to consider himself hardly used, and probably a continuance of such fruitless results to his enterprises would induce him to direct his genius to some other sphere of action possibly an honest one. We may fairly conclude that the days of gold escort robberies are at an end. Large bank bills, which are mostly payable to well-known firms in town, are not of much value to highwaymen; and in future, they must rest their hopes upon the registered letters containing small sums in bank notes, which may amount to something handsome in the aggregate. But if the Post-office money order be generally substituted for the banknote, as a means of remittance, even this source of revenue will be lost to the thief, who will hardly be likely to risk his life or liberty for the pleasure of seizing a few documents which are utterly worthless to him. Even if, in the extremity of his disappointment, he should destroy the orders, the money will not be lost, but will still be the property of the remitter. When a sum of ten pounds can thus be safely insured from all the perils of the road by the payment of a shilling, the person who neglects so simple and reasonable a precaution will hardly deserve pity for any loss that he may sustain. A traveller called upon to stand and deliver might complacently baffle his assailant by presenting him with a Post-office order. The business of the road would be done, and the professional highwayman would become an extinct animal.
We hope that the Money Order Office will be brought into extensive use for the suppression of highway robbery. While the policeman is exerting himself to affect a cure, for that evil, the money order may facilitate the still more desirable process of prevention. A few days ago, the newspaper reports informed us of a disgusted bushranger, who bitterly complained that there was no use in robbing the particular mail that he was then rifling since it never contained anything worth carrying away. The fellow seemed to consider himself hardly used, and probably a continuance of such fruitless results to his enterprises would induce him to direct his genius to some other sphere of action possibly an honest one. We may fairly conclude that the days of gold escort robberies are at an end. Large bank bills, which are mostly payable to well-known firms in town, are not of much value to highwaymen; and in future, they must rest their hopes upon the registered letters containing small sums in bank notes, which may amount to something handsome in the aggregate. But if the Post-office money order be generally substituted for the banknote, as a means of remittance, even this source of revenue will be lost to the thief, who will hardly be likely to risk his life or liberty for the pleasure of seizing a few documents which are utterly worthless to him. Even if, in the extremity of his disappointment, he should destroy the orders, the money will not be lost, but will still be the property of the remitter. When a sum of ten pounds can thus be safely insured from all the perils of the road by the payment of a shilling, the person who neglects so simple and reasonable a precaution will hardly deserve pity for any loss that he may sustain. A traveller called upon to stand and deliver might complacently baffle his assailant by presenting him with a Post-office order. The business of the road would be done, and the professional highwayman would become an extinct animal.
However, as with all new inventions and systems, there was an inevitable resistance to change. Despite the clear benefits, the adoption of the Money Order system was slow in some quarters, and this prompted an observant 'Sydney Mail' correspondent to write:
We certainly are surprised that people will be so rash and obstinate in remitting notes to Sydney and other places by these opportunities. There is now every facility given to forward money in a secure manner, by means of bank drafts and money orders. Notwithstanding these modes of transit, many prefer the very dangerous one of sending notes, either whole or in halves, in letters through the medium of the post. This is dangerous at all times. Rivers and creeks are often flooded, and in swimming the horses across them the mail bags are liable to be saturated with water, and the contents materially if not wholly damaged. To the bushranging fraternity, it is a lucky windfall, as bank notes are the only portion of booty in a mail robbery that is valuable to them. Bank drafts, cheques, orders, &c;, are mere waste paper. We certainly consider it is holding a premium out to crime, the remitting of specie and notes by the mail. If this system was once discouraged, if people would only come to the determination to alter this plan of forwarding money, we should have fewer mail robberies; in fact, they would soon cease altogether.
Contrary to the American 'Wild West' experience, where bounty hunters played a crucial role in law enforcement, Australia did not encourage this practice. The task of apprehending criminals was squarely the responsibility of the constabulary. That said, local settlers, motivated more by self-preservation than the potential rewards, did occasionally take matters into their own hands.
The strategy of leveraging the inherent fear and desperation of apprehended suspects to turn them into informants was a common police tactic. The promise of a significant reward portion or legal leniency often successfully swayed detainees to cooperate. In some cases, these turned informants would infiltrate the bushrangers' hideouts or even participate directly in their capture.
A key example is Daniel Charters, who played a critical role in the apprehension of Bow, Fordyce, Manns and Maguire following the Eugowra gold robbery of 1862. For his cooperation, Charters was rewarded with £150 and a pardon, despite his attempts to shield Hall and O'Meally from implication in the robbery.
To ensure their continued cooperation and safety, the identities of these informants were guarded with utmost secrecy by the police. However, these protective measures weren't always successful, and leaks did occur. For instance, an article in the 'Empire' newspaper from April 26th, 1863, cited an unnamed source to reveal the presence of an informant within a mounted police patrol in the Burrangong district. This unfortunate revelation essentially placed the bushrangers on high alert, and if an informant was found among their ranks, the consequences could be brutally fatal.
It was a complex web of suspicion, deceit, and survival that characterised the environment in which Ben Hall and his gang operated. Struggling to stay a step ahead of the authorities, the threat of betrayal became another challenge that they had to navigate in their perilous life on the Queens roads. Empire correspondent:
We understand the police authorities are confident that an expedition now out searching the haunts of these ruffians will return with some of them in safe custody. A person familiar with Gardiner and his mates in criminal acts as a guide, and the police are commanded by one of the most efficient officers in the force.
Lingering in Bathurst Gaol, Herring faced charges of fraud and suspicions regarding his involvement in the infamous Eugowra gold heist of June 1862. His criminal dossier was extensive, with a series of alleged offenses including false information, highway robbery, theft, and obtaining money under false pretenses. However, despite these numerous accusations, Herring often managed to escape conviction, leading to numerous discharges.On the cusp of his unexpected recruitment into the NSW police force, Herring, as Zahn, made a bold statement regarding the Eugowra affair, stating:
If he was lagged, he would "come it," and take some more with him as companions to Cockatoo, and that he would implicate people upon whom at the present time no suspicion rests.
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| Herring with John Peisley 1861. NSW Police Gazette. |
Seemingly overnight, Zahn transitioned from a prisoner to a police trooper. In his initial ventures in this new role, he successfully apprehended one Henry Gibson, a known associate of Hall, who had previously claimed to be Hall's overseer on Sandy Creek. Notably, Zahn's diligent efforts nearly resulted in the capture of John Gilbert, Ben Hall, and John O'Meally in April 1863. Zahn was described as; 36 yrs old 5 ft 4 in tall light brown hair Hazel eyes thin pale face sallow complexion rather long sharp nose mole under right eye dresses smartly.
Note: Zahn/Burgess/Herring would be eventually dismissed from the police for stealing a valuable pistol from Captain Battye, the apple doesn't fall very far from the tree. There is evidence that Herring/Zahn escaped from Pentridge in 1851 with Gardiner. See Gardiner page.
Henry Gibson, also known under the pseudonym 'Parker', was a close associate of Ben Hall and John Gilbert. He had resided at Ben Hall's home until its fiery destruction. Notably, Gibson was a companion of John Gilbert, having encountered him at the Ovens River Goldfields in Victoria. Gibson found himself a wanted man by the Victorian Police, prompting his flight into New South Wales, where he eventually reunited with Gilbert. As Ben Hall and Susan Prior headed towards Lambing Flat, accompanied by O'Meally, Gilbert, and Gibson, their movement did not go unnoticed.
The group was spotted by police troopers, triggering a high-speed horse chase. Hall, Gibson, and the others spurred their horses, trying to elude their pursuers while firing shots in their direction. The troopers, responding in kind, closed the distance, expertly dodging the hail of bullets. Eventually, Gibson was apprehended by troopers Coward, Townly (who was tasked with handling Zahn ), and the informant Zahn. The chase and subsequent capture unfolded as follows:
Henry Gibson, also known under the pseudonym 'Parker', was a close associate of Ben Hall and John Gilbert. He had resided at Ben Hall's home until its fiery destruction. Notably, Gibson was a companion of John Gilbert, having encountered him at the Ovens River Goldfields in Victoria. Gibson found himself a wanted man by the Victorian Police, prompting his flight into New South Wales, where he eventually reunited with Gilbert. As Ben Hall and Susan Prior headed towards Lambing Flat, accompanied by O'Meally, Gilbert, and Gibson, their movement did not go unnoticed.The group was spotted by police troopers, triggering a high-speed horse chase. Hall, Gibson, and the others spurred their horses, trying to elude their pursuers while firing shots in their direction. The troopers, responding in kind, closed the distance, expertly dodging the hail of bullets. Eventually, Gibson was apprehended by troopers Coward, Townly (who was tasked with handling Zahn ), and the informant Zahn. The chase and subsequent capture unfolded as follows:
Gibson was found in the bush, in company with Gilbert, Ben Hall, and others, and when he saw the police, he, with the others, galloped off and was pursued. After going a considerable distance, the police succeeded in capturing him. He was armed, and could not give any satisfactory account of himself.⁸⁵
The relentless chase, however, proved demanding on the inferior police horses, which soon became exhausted. Gibson, finding himself cornered along a fence line, was apprehended while the others managed to disappear into the dense undergrowth. Upon their return to the Police Camp in town, Trooper Townly narrated the gripping details of their pursuit. The account of the chase was a tale of quick decision-making, skilled horsemanship, and determined resilience. It underscored the challenges the police faced in their pursuit of these elusive outlaws, and how close they often came to their quarry, only for them to slip through their grasp once again. 'The Empire' 15th April 1863:
I am a mounted constable in the police stationed at Bathurst; on last Tuesday or Wednesday, was in company with detectives Coward and Zahn, near Kangee station; we were galloping down the ranges, and saw the prisoner and three others riding towards the station; when they saw me they put spurs to their horses, and went off at full gallop; we chased them, and detective Coward took the prisoner near the fence; I kept a little to the right, and went on after the other three; I am positive one of the men was Lowry, and I think one was Gilbert; I had seen Gilbert once or twice; the man whom I supposed to be Gilbert, after having crossed the creek, threw back his poncho, raised his carbine, and fired over his shoulder at me; I then heard Zahn say "Gilbert, you wretch, you wouldn't hit a hay stack;" I then saw Zahn on my right; we followed them to the top of the range, where my horse was knocked up; I dismounted and fired; was about 130 or 140 yards distant from them when I did so; I then mounted the blackfellow's horse, but could not overtake them; I heard Gilbert say something about "You're goose is cooked," to Zahn; Zahn kept taunting them, trying to cause them to stop; but they would not; we followed them about half a mile, and then gave up the chase; we examined a camp, and saw foot marks corresponding with the prisoner's feet; on returning, we escorted the prisoner to Breakfast Creek station; I noticed nail prints similar to the nails in the prisoner's boots, now produced; the ground at the camp was soft and black, the blackfellow I speak of is stock-keeper at Ryan's.
When Gibson was detained, Detective Coward queried him about his destination and the identities of his three companions. However, as expected, Gibson denied having any knowledge of the other riders. It was a standard tactic used by those involved in bushranging to shield their comrades and maintain their network of allies, ensuring that even if one fell, the others could continue their illicit activities unhindered. The loyalty to the band of outlaws often ran deep, reinforcing the difficulty faced by law enforcement in cracking down on Ben Hall's atrocities. When asked Gibson replied that:
When Gibson was detained, Detective Coward queried him about his destination and the identities of his three companions. However, as expected, Gibson denied having any knowledge of the other riders. It was a standard tactic used by those involved in bushranging to shield their comrades and maintain their network of allies, ensuring that even if one fell, the others could continue their illicit activities unhindered. The loyalty to the band of outlaws often ran deep, reinforcing the difficulty faced by law enforcement in cracking down on Ben Hall's atrocities. When asked Gibson replied that:
He was going home to the Weddin Mountains, said he had recently been hunted from there by Sir Frederick Pottinger.⁸⁶
The news of the skirmish quickly caused a stir in Yass. The community, already on edge due to the persistent threat of bushranger attacks, found themselves caught in a whirlwind of rumours following the capture of an infamous outlaw. Bushranger fever was at its peak in the region, with the public anxiously following every development. Local correspondents, eager to share the latest news, were swept up in the excitement. One such writer, upon hearing the news, prematurely assumed that the apprehended individual was the infamous Ben Hall himself. In his haste to break the story, the correspondent neglected to verify all the facts, rushing to transmit his account for the Yass Courier:
The Marengo correspondent of the Yass Courier furnishes an account to that journal of the capture in that locality of a bushranger who is believed to be the notorious Ben Hall. The facts of the capture are these. The patrol belonging to Marengo, in conjunction with a black tracker, had been out in search of Gilbert and his party, but were unsuccessful in finding any traces of the robbers. Another party from a contiguous station were then dispatched to scour the country around Breakfast Creek. Their aboriginal tracker soon found some fresh tracks, which led them within sight of four or five mounted men, supposed to be Gilbert's party. Then commenced an exciting chase.
The bushrangers, as usual, had the best horseflesh, and they gradually increased the intervening distance between themselves and their pursuers, until the chase seemed almost hopeless, the heavy rifles of the troopers proving a great encumbrance. The pursed highwaymen were nearly out of sight, when the most rearward, in trying to take a shorter out, suddenly found himself "brought to grief" by a very strong line of fencing, which the officer in pursuit and his men perceiving, they, by a flank movement, one to the right and left, and three up the centre, completely hemmed in the rascal, who after trying ineffectually to make his horse take the fence, turned at bay, and seemed inclined to show fight, but seeing he was outnumbered, he returned his revolver to his belt, and surrendered at discretion. He was taken, pinioned into Marengo the same day; and a fine young fellow he is, apparently about twenty-five years of age. The name the prisoner gave is not considered bona fide, and corresponding with that of a very respectable family on the Levels, is withheld. It is thought in Young that he is the celebrated "Ben Hall," but as no person here knows him, it is merely conjecture.⁸⁷
Ben Hall, they had not! He was eventually identified as Henry Gibson. As the wheels of justice began to turn, Gibson was brought before the court, where he was confronted by a new crown witness, Mr Percy Scarr. Scarr, a farm manager, had been present when the men had breakfast on the day of the chase. In court, he provided a detailed account of the events that transpired before the police pursuit. 'The Sydney Morning Herald' 27 April 1863:
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| Mr Percy Scarr. c. 1905. |
The substance of the evidence was to the effect that the prisoner, with three other men, two of whom had firearms, with a woman and child, called at one of the out-stations of Mr Broughton, near Marengo, on the above day, and that the party ordered breakfast to be got ready for them, which was accordingly prepared - that they had breakfast, and remained about an hour and a half, and that they had ordered Scarr, who came up to the station to inquire of the party in charge if they were "sticking up" the place to get off his horse and join them, which he did; that the men entered into conversation with him, asked him if he was a good cook, or if he could track, both of which question he answered in the negative, and finally wound up by inviting him to join them by a nobbler, after which they departed.
However, Mr Scarr's evidence gave a revealing insight into Ben Hall's movements between the 14th and 28th of March, 1863. This information was consistent with a series of telegrams sent by Sir Frederick Pottinger to the Inspector-General regarding Hall's activities and Constable Hollister's diary account from the 14th of March. Pottinger had believed that Elen Maguire was the woman accompanying Ben Hall, but Scarr's testimony highlighted that Hall was in the company of a woman and a child, who were most likely Susan Prior and their daughter Mary. During this period, Elen Maguire was a mother to two children, aged five and two, and remained married to John Maguire. The other men confirmed to have been present were John Gilbert, John O'Meally and Gibson.
Meanwhile, as Gibson's court appearance unfolded, a tragedy was taking place in Forbes that would involve Elen Maguire, Bridget Hall, their stepmother Sarah Walsh nee Harpur. The tragedy was the serious illness of Elen's and Bridgets younger brother, 'The Warrigal', John Walsh, who was lying on his deathbed at 'The White Hart Inn', a hotel owned by John Wilson and managed by Hall's brother-in-law, John Maguire. Young 'Warrigal' had contracted Gaol Fever while being held in custody for his associations with Frank Gardiner. Sir Frederick Pottinger had persistently pushed for 'Warrigal' to be remanded, resulting in him being regularly presented in court. S.M.H 26th August 1862;
However, Mr Scarr's evidence gave a revealing insight into Ben Hall's movements between the 14th and 28th of March, 1863. This information was consistent with a series of telegrams sent by Sir Frederick Pottinger to the Inspector-General regarding Hall's activities and Constable Hollister's diary account from the 14th of March. Pottinger had believed that Elen Maguire was the woman accompanying Ben Hall, but Scarr's testimony highlighted that Hall was in the company of a woman and a child, who were most likely Susan Prior and their daughter Mary. During this period, Elen Maguire was a mother to two children, aged five and two, and remained married to John Maguire. The other men confirmed to have been present were John Gilbert, John O'Meally and Gibson.
Meanwhile, as Gibson's court appearance unfolded, a tragedy was taking place in Forbes that would involve Elen Maguire, Bridget Hall, their stepmother Sarah Walsh nee Harpur. The tragedy was the serious illness of Elen's and Bridgets younger brother, 'The Warrigal', John Walsh, who was lying on his deathbed at 'The White Hart Inn', a hotel owned by John Wilson and managed by Hall's brother-in-law, John Maguire. Young 'Warrigal' had contracted Gaol Fever while being held in custody for his associations with Frank Gardiner. Sir Frederick Pottinger had persistently pushed for 'Warrigal' to be remanded, resulting in him being regularly presented in court. S.M.H 26th August 1862;
FORBES POLICE COURT- On the 19th instant, the young lad John Walsh, brought up on suspicion of being a mate of the bushranger Gardiner, was further remanded for three days.
The tragic death of 'Warrigal', a mere 17 years old, deeply affected Ben Hall. The young man had spent the last months of his life in deplorable conditions, only to be moved to the hotel as his life ebbed away. He died surrounded by his sisters and stepmother, their grief compounded by the harsh reality of his final days. His painful demise was reported in the 'Lachlan Observer' on March 23, 1863, bringing yet another personal blow to Ben Hall. This was a young man he had known well, who was part of his extended family, and whose death underscored the stark, unforgiving world in which they were all entangled.
An inquiry was held on Monday afternoon, at two o'clock, at the White Hart Inn, Rankin street, touching the death of John Walsh, late prisoner in the gaol. There were present Commissioner Grenfell, Esq., J. P., Dr J. J. Connell. Drs. Flatan and Nutt, and senior sergeant Rush. Senior sergeant Rush explained that the lad Walsh was lately a prisoner under his charge, and that in consequence of having been taken ill, Dr. J. J. Connell had been called in to attend him, which he did for about a week at the gaol, and that he treated him for colonial fever. The lad got worse, and senior sergeant Rush then had him removed by his mother, Mrs, Walsh, to the White Hart Inn, when Dr. Flatan and Nutt were called in, and these gentlemen pronounced the lad to have been suffering from gaol fever in the first instance, which at the time they were called had resolved itself into a violent congestion of the brain. Vigorous and prompt measures were at once adopted, and it was found necessary to open both temporal arteries, and the jugular vein, in order to relieve the congestion. In spite of every care, however, the boy gradually sank under the disease, till death put an end to his sufferings. The result of the inquiry was the finding that "the said John Walsh had died of the effects of gaol fever.⁸⁸
Note: On the Warrigal's death certificate, his mother is stated as Julia Walsh, his step-mother was Sarah Walsh, who was previously married to Joseph Harpur in 1814, who passed away. Sarah married John Walsh in 1847. She was also the mother of NSW poet Charles Harpur and NSW Parliamentarian Josiah Harpur, the member for Patrick Plains and Sir Frederick Pottinger's constant antagonist. The nickname of Warrigal stands for 'wild or untamed horse' or 'Dingo.' His birth date is reputedly November 1845.
Soon after Walsh's death, this appeared in the newspaper:
The case against Henry Gibson, despite the multitude of evidence pointing towards his association with Ben Hall, Gilbert, and others, was surprisingly dropped by the NSW Attorney General, John Hargraves. This unexpected turn of events took place on the 17th May 1863, with Hargraves citing the lack of a possible guilty verdict as the reason for the decision (the relevant article is not provided here).
However, Gibson's brief taste of freedom was not to last. Upon his release, he was swiftly re-arrested by Sir Frederick Pottinger and transported to Forbes, where he was set to face charges on other related matters. This quick turn of events demonstrated the relentless pursuit of justice by the police and the tangled web of criminal activity that was associated with the notorious bushrangers. ‘The Sydney Morning Herald’, Tuesday 2nd June 1863:
Following the close encounter with the police during the capture of Gibson, Ben Hall and his gang disappeared from the public eye for a time. News of their activities slowed to a trickle and then stopped altogether, leaving the authorities and the public alike in suspense. The press reported this sudden silence from the notorious bushrangers, underscoring the sense of uncertainty and tension that their disappearance brought. Despite their relief at the temporary cessation of Hall's criminal activities, the people knew that this quiet was likely the calm before the storm. They waited with bated breath, wondering when and where Ben Hall and his gang would strike next.
Warrigal's' untimely demise was not only a personal blow for Ben Hall but also for the broader group of men connected to him, either by blood or marriage. This included John Maguire, John Brown, Dan Charters, and Bill Hall, who were all held in remand at Forbes, following the escort robbery. These men, who knew 'Warrigal' for most of his brief life, were also his uncles through marriage, making his loss keenly felt across this tight-knit, interconnected group. They were bound by more than just their criminal activities; they were a makeshift family, forged through shared experiences and trials. The death of one of their own underscored the harsh realities of their chosen path.
A lad named John Walsh, who was apprehended at the time of an unsuccessful attempt to catch Gardiner, has lately died in the gaol at Forbes under rather peculiar circumstances. The verdict returned-"Died of gaol fever"-does not give public satisfaction. Application for a special commission of inquiry is talked of.⁸⁹
The passing of young John Walsh, known as 'Warrigal', left a tragic and unmarked imprint on the annals of history. His untimely death barely elicited an inquiry and was soon forgotten by the media. Media outrage is tomorrows 'Kitty Litter' as his demise faded from public memory as rapidly as it had entered. However, his remains were laid to rest in an unmarked or lost grave at the Forbes Cemetery, the final resting place of a life that ended too soon, tragically ensnared in the violent maelstrom of bushranging.
Despite the historical oblivion, local memory and efforts have sought to right this wrong. Thanks to the endeavours of the Forbes Historical Society and other interested parties, a memorial plaque now graces the Forbes Cemetery. Though it may not mark his exact resting place, it serves as a poignant reminder of his existence and his tragic life, a testament to a young man caught in the tumultuous web of the lawless world around him.
Despite the historical oblivion, local memory and efforts have sought to right this wrong. Thanks to the endeavours of the Forbes Historical Society and other interested parties, a memorial plaque now graces the Forbes Cemetery. Though it may not mark his exact resting place, it serves as a poignant reminder of his existence and his tragic life, a testament to a young man caught in the tumultuous web of the lawless world around him.
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| John Fletcher Hargraves Attorney-General 2nd April 1860-31st July 1863 b. 1815 - d. 1885. NSW Parliament. |
The case against Henry Gibson, despite the multitude of evidence pointing towards his association with Ben Hall, Gilbert, and others, was surprisingly dropped by the NSW Attorney General, John Hargraves. This unexpected turn of events took place on the 17th May 1863, with Hargraves citing the lack of a possible guilty verdict as the reason for the decision (the relevant article is not provided here).
However, Gibson's brief taste of freedom was not to last. Upon his release, he was swiftly re-arrested by Sir Frederick Pottinger and transported to Forbes, where he was set to face charges on other related matters. This quick turn of events demonstrated the relentless pursuit of justice by the police and the tangled web of criminal activity that was associated with the notorious bushrangers. ‘The Sydney Morning Herald’, Tuesday 2nd June 1863:
The supposed notorious bushranger, Henry Gibson, alias "Parker," against whom a charge of "suspicion of highway robbery" had been preferred by detective Coward on the 8th of April, and also a further charge of attacking (in company with others) a station near Marengo on the 26th March last, belonging to a Mr Broughton, on which latter occasion it appeared by the evidence that the supposed bushranging party in question had simply demanded breakfast, which had been accordingly prepared for them by the inmates at the hut, when they left, bidding each other "good day" - and who had been committed from this place for trial at the next Goulburn Circuit Court on both of the supposed serious offences, the full particulars of which appeared in your several issues of the 17th and 27th April - suddenly made his appearance in the town in propria persona, to the no small astonishment of many persons. I have been given to understand that the Attorney-General had directed his discharge, not, however, without good grounds for so doing, as on reading over the depositions there was nothing upon which he could file a bill either this step or an acquittal could alone have been anticipated, and no doubt a very proper course had been taken by the Attorney-General in adopting the former alternative. However unfortunately for Gibson, the presence of Sir Frederick Pottinger here had no very great advantage in his favour, in as much as he was speedily deprived of the sweets of liberty before he had enjoyed many hours of fresh air, having been arrested on a warrant issued by the police magistrate, and brought before him on Tuesday, charged with "having on or about the month of March, and divers other occasions, harboured, aided and assisted certain notorious bushrangers, to wit, Johnny Gilbert, Johnny O'Meally, and Ben Hall, contrary to the statute." Sir Frederick Pottinger, who sat on the bench, and not only acted in the capacity of a prosecutor but appeared in the witness-box against the prisoner, to prove that he knew the prisoner before the court, had frequently seen him at Ben Hall's house and had tracked him to a place where he was in company with Mrs MaGuire (supposed to be the wife of another notorious bushranger), urged that he might be remanded to Forbes, where there was a witness who would prove that he was actually in company with the before mentioned notorious characters. Mr Prendergast, who appeared for the prisoner, vainly endeavoured to show that there was no ground for the prisoner's arrest, that the warrant was informal, because no specific charge was laid against the prisoner, and neither time nor place alluded to. As a matter of course the prisoner was remanded to Forbes in order that there might be a charge with a specific offence proved against him.
Despite numerous obstacles and setbacks, Inspector Pottinger continued his tireless pursuit of Ben Hall, relentlessly patrolling the trouble-stricken districts and eagerly gathering any information about the elusive bushranger's whereabouts. While initial reports suggested that Hall and his gang were heading towards Fish River, Pottinger soon received evidence indicating that Lambing Flat or Burrowra were more likely targets.
Eager to relay this new information, Pottinger dispatched a telegram to the Inspector General of Police on 4th April 1863. In his message, he detailed the continuous efforts of his troopers and, for the first time, expressed his belief that the notorious Frank Gardiner had fled New South Wales. This update marked a significant turning point in the hunt for the bushrangers and signalled a shift in focus in Pottinger's investigations.
Eager to relay this new information, Pottinger dispatched a telegram to the Inspector General of Police on 4th April 1863. In his message, he detailed the continuous efforts of his troopers and, for the first time, expressed his belief that the notorious Frank Gardiner had fled New South Wales. This update marked a significant turning point in the hunt for the bushrangers and signalled a shift in focus in Pottinger's investigations.
Start tomorrow morning via Cowra for the Fish River to co-operate with the southern police, both Captain Zouch and myself having been informed from distinct sources that Gardiner, Gilbert, John O'Mealy, and Ben Hall are there abouts: the three latter are, I believe, in that district, the former I still think is out of the colony. My movements will of course depend upon circumstances; I cannot therefore report thereon now; expect to be absent some fourteen (14) days. Have also sent four (4) troopers and trackers to scour Wheogo, &c Patrol detachments and other stations still in status quo. Sanderson returned yesterday. By-the-bye I hear Captain Zouch has applied for Sanderson to be transferred to Young; I hope you will not consent, as Sanderson a presence here till matters are quite settled is indispensable, Sergeant Rush still very ill, also detective M'Glone, our only detective. Swainson much wanted back.⁹⁰
After having established Susan in Lambing Flat, Ben Hall seemed to make the town his new base of operations. With the promise of new gold strikes luring miners back, Lambing Flat was once again booming with activity. Unfortunately, this meant that the hard-earned fortunes of these men were once again at risk of being snatched away by Hall and his gang at the barrel of their pistols.
This perilous situation was only exacerbated by a controversial decision by the government and the police hierarchy. They decided to transfer Captain Battye, one of the most diligent and respected officers in the region, from Burrangong to Bathurst. This decision left the citizens of Lambing Flat feeling particularly vulnerable and baffled, as they grappled with the sudden absence of a trusted authority figure during a period of escalating lawlessness.
This perilous situation was only exacerbated by a controversial decision by the government and the police hierarchy. They decided to transfer Captain Battye, one of the most diligent and respected officers in the region, from Burrangong to Bathurst. This decision left the citizens of Lambing Flat feeling particularly vulnerable and baffled, as they grappled with the sudden absence of a trusted authority figure during a period of escalating lawlessness.
Captain Battye was entertained at a public dinner last Thursday evening and presented with an address signed by all the principal residents of the district. His removal has caused much regret and dissatisfaction. No officer in the force knows the haunts of Gardiner's gang better, and now when proper force is sent here, the very man who should command them is removed. If he had the force now stationed here six months ago, poor Cirkel would not have fallen a victim to the bullet of the robber, nor the colony have been disgraced by the deplorable revelations made at each circuit court. The necessity for a "special commission" would never have arisen; humanity would not have been shocked by the drivellings of a judge, nor the venomous spawn of a "Constant Reader" would never have been spewed forth through the columns of a mercenary newspaper; many a once happy home would not now be in mourning and affliction for the child who had brought down his parents grey hairs with sorrow to the grave.
Following the close encounter with the police during the capture of Gibson, Ben Hall and his gang disappeared from the public eye for a time. News of their activities slowed to a trickle and then stopped altogether, leaving the authorities and the public alike in suspense. The press reported this sudden silence from the notorious bushrangers, underscoring the sense of uncertainty and tension that their disappearance brought. Despite their relief at the temporary cessation of Hall's criminal activities, the people knew that this quiet was likely the calm before the storm. They waited with bated breath, wondering when and where Ben Hall and his gang would strike next.
Bushranging is quiet just now, the spasmodic efforts made by the police to capture the members of the firm of Hall and Co. making it necessary for those pests to keep close to their haunts. Why could not all this great parade of force have been made any time within the last eighteen months, when this ruffian roamed at will throughout the district? Now, when he has ruined many young men by his vicious example, robbed and murdered people in their homes-captured an Inspector of police, after an encounter, a la Pottinger-and stuck up police stations, our paternal, or rather "maternal Government," sends up the "hero of the colonial Bull Run," and a Sydney detective to try to capture him. Well, may he laugh at their efforts? He can now rest easy for the remainder of his days, and while comfortably doing his "pipe," cogitate over the magistrate's "Advice to a Bushranger." I would suggest that Mr Cowper send our worthy P.M. and "The Hero of Bull Bun" to negotiate terms of capitulation or offer him the Inspector Generalship of police-vice McLerie, appointed to the "Fort Bourke Noodles.
However, this lull would be temporary.
Continued on Ben Hall Pt 2
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