In the annals of Australian history, few figures are as enigmatic and influential as Francis Christie, better known by his alias, Frank Gardiner. A man of many names and even more faces, Gardiner's life is a captivating tale of adventure, crime, and survival in the harsh Australian bush. This Webpage, "The Darkie: The Life and Times of Frank Gardiner," aims to unravel the complex tapestry of Gardiner's life, from his birth and humble beginnings in Scotland to his notorious career as a bushranger in Australia.
At the tender age of five, he set foot on the shores of New South Wales, a world away from his birthplace. Little did he know then that he would go on to become a significant figure in Australian history, leaving an indelible mark on the country's cultural landscape.
Gardiner's story is not just the tale of one man; it is a window into a pivotal time in Australian history. The mid-19th century was a period of rapid change and development, with the Gold Rush bringing an influx of immigrants seeking their fortunes. Amid this backdrop of hope and hardship, Gardiner rose to prominence, his criminal exploits capturing the public's imagination and fear.
However, Gardiner was not your typical bushranger. Gardiner was irrepressible, often characterised in the mould of the famous 17th-century highwayman Claude Du Val. He was educated, articulate, handsome, roguish, daring, an excellent horseman, charming and quick-witted. He was known more than once to put a twinkle in a ladies eye.
This Website aims to delve deep into the life and times of Frank Gardiner, drawing on a wealth of first and secondhand accounts, newspaper articles from the period, government documents, private sources, and eyewitness accounts. It seeks to separate fact from fiction, shedding light on the man behind the myth, and exploring the societal and historical factors that shaped his life.
As we journey through Gardiner's life, we will encounter a world of adventure and danger, of love and loss, and of choices and consequences.
"The Darkie: The Life and Times of Frank Gardiner" is more than just a biography; it is a journey into a fascinating period of 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 Frank Gardiner, who in the span of eighteen months emerged as the father of modern Australian bushranging. Follow Frank Gardiner from the cradle to the grave. (All related articles incorporated into the narrative are coloured and transcribed as originally published.)
Francis Christie landed in New South Wales in 1834 when he was just five years old. As he matured, he assumed the pseudonym Frank Gardiner, a name that would become legendary as the father of modern Australian bushranging. Operating under the alias Frank Gardiner, he gained infamy for his criminal exploits, which ultimately contributed to the downfall of many young men in the colonies:
'James' arrival recorded in The Sydney Herald, Nov 1834. |
Complete Mercantile Guide to the Continent of Europe, 1818 C. W. Rördansz |
Christie offices Nassau. |
Due to the aftermath of the fraudulent actions committed by the shipping agent, James Christie's life took a tragic turn. While delving into the investigation of the agent's misconduct, James met an untimely demise under suspicious circumstances in Colombia. The exact nature of his death remains shrouded in mystery, with the possibility of foul play, even raising the question of whether he was a victim of murder: ibid.
James Christie's death. The Royal Gazette and Bahama Advertiser 21st August 1822. |
In the midst of these tumultuous circumstances, it is highly likely that the extended family journeyed back to England via the Azores, where they sought refuge with Jane's parents. Speculation suggests that after some months they departed the Azores, they made their way to London, and from there travelled to Scotland. During their return to England, it was observed that they travelled up to London from Devonshire, potentially passing through a seaport like Exmouth. ibid
Note: While I strive to provide accurate information. It's important to critically evaluate historical accounts, as discrepancies can arise from various sources, including early publications. For example, the account of Christie/Munro's arrival in NSW found in J.O. Randell's book, "Pastoral Settlements in Northern Victoria Vol 1: The Coliban District," may not be entirely accurate. This assertion is supported by the passenger manifest from the ship James, which contradicts Randell's portrayal of Munro's initial relationships and activities. Such contradictions highlight the necessity of cross-referencing historical documents to obtain a more accurate understanding of past events.
However, by 1832/3, the family returned to London, and it was during their stay there that Charlotte Deacon Christie was born in 1833. The birth took place at the residence of Frederick and Charlotte Deacon.
The family's generous benefactor was Frederick Deacon, a distinguished Civil Servant residing in London. He had married Charlotte Deacon, formerly known as Charlotte Maule, on November 5, 1823, at St Mary's Church in Leicestershire, England. Recognising the challenging circumstances of Charles and Jane Christie, the charitable Deacon family extended their assistance.
Charles utilised his diverse range of skills as a "Jack of all Trades" and took on various odd jobs to support the family. Meanwhile, Jane found employment in needlework and maid services, using her talents and abilities to contribute to the household income. The Deacon family's kindness allowed Charles and Jane to find means of livelihood, ensuring that they could sustain their family despite the hardships they faced:ibid
In 1932, Mr. Harry Chambers Kent, a renowned architect from Sydney, shared a fascinating account of his family's association with the Christie family prior to their immigration to Australia. At the time of Frank Gardiner's release from Darlinghurst in 1874, Harry Chambers Kent was twenty-one years old. According to his recollection, Charlotte Deacon Christie, Frank's youngest sister, was named after his paternal grandmother as a gesture of respect.
Harry Chambers Kent's professional achievements were widely recognised, as evidenced by his inclusion in the Who's Who of Australia in 1922. He held a prominent position as a senior partner in the esteemed architectural firm Kent and Massie Architects, located in Sydney. Mr. Kent's account sheds light on the connection between his family and the Christie family, providing a unique perspective on their shared history.
Note: Recent research solidifies the authenticity and significance of the Deacon family's connection to the Christie family. This connection holds immense value in corroborating the established background of the Christie family prior to their immigration to New South Wales. The relationship with the Deacon family provides essential insights into the origins and circumstances of the Christie family, adding further credibility to their documented history before their arrival in NSW. The research strengthens our understanding of the Christie family's roots and enriches our knowledge of their pre-immigration journey.
According to Kent's account, when the Christie family was under the care of his grandparents, there was a proposition put forth that they should embark on a new chapter of their lives in the thriving colony of New South Wales. The colony presented abundant opportunities for those with a spirit of enterprise. It was an era when new horizons beckoned, and the allure of a fresh start and promising prospects in NSW resonated with the Christie family:ibid
Baptism of Charlotte aged four and Maria aged c.18 months December 1837. NSW BDM |
Successful lease Boro Creek Register of Leases NSW. |
Boro Creek 1836 cancelled Register of Leases NSW. |
Boro Creek Transfer |
Furthermore, there is evidence indicating the presence of the Christie family in Goulburn before their eventual relocation to Victoria. In December 1837, Charlotte, who was four years old at the time, was christened in Goulburn. Maria was also baptised during the same ceremony. This information is supported by the existing certificate documenting the event, shedding light on the family's presence and activities during their time in Goulburn.
Munro & Christie. c. 1838. |
Henry Munro Letter Aboriginal Attacks Port Phillip Gazette 1839 |
Upon crossing the Hume River, the settlers continued their progress towards the Broken River, located near the present-day site of Benalla. As they reached their destination and began constructing their homesteads, Munro and his fellow squatters discovered that the local Aboriginal tribe in the Campasne area displayed a more aggressive nature compared to those encountered earlier in their journey. This shift in aggression heightened the settlers' sense of unease and caused many colonists to feel nervous and fearful in the presence of these more assertive Aboriginal groups.
At first the blacks were very shy, but when they found that sheep were good to eat they began to be very troublesome, and a constant watch had to be kept on them. They were continually spearing sheep for the sake of the inside fat, and had wounded three shepherds at different times. Therefore the workers when without supervision like savages as they were, were in the habit of shooting down the blacks on sight; they did not confine themselves to men, but destroyed the lubras and piccaninnies as well. So troublesome that at an out-station or sheep camp one day the station owner was very much surprised to find the shepherd and watchman both lying dead, having been speared and clubbed to death by the blacks, and the sheep (1,200 young wethers) gone. There were a lot of sheep lying about dead, cut open, and the fat taken and the carcass left intact. (Memoir of John Coppock, Barfold)
However, amidst the excitement of their new life, Francis also witnessed the presence of the Aboriginal marauders and the alarming attacks on the shepherds, including his own father and Henry Munro. These encounters exposed Francis to the harsh realities of life on the frontier, where conflicts with the aboriginal population were a constant threat.
Charles Christie's letter referencing his sly-grog business. Port Phillip Gazette 25th April 1840. |
The incident involving the sly grog shop marked a pivotal moment in young Francis Christie's upbringing. At the age of nine, he would have been impressionable and likely witnessed the consequences of his father's illicit activities. This encounter with the darker side of life and the lure of dubious money may have left an indelible impression on Francis, shaping his perspective and potentially influencing his future path. The desire for easy money without the effort.
The severity of the fine indicates that the operation of the sly grog shop was not an isolated or haphazard affair. It suggests a well-organised enterprise, as the imposed penalty amounted to a significant sum, equivalent to an average wage covering several years' worth of income. Sly grog establishments were prevalent in many rural towns and certain farms, earning them a notorious reputation. (Average wage per year for a farmhand ranged between 20 pounds for a hut-keeper to 30 pounds for a plowman. Shepherds 25 pounds per year.)
While Henry Munro may have been unaware or turned a blind eye to the concerns surrounding the operation, Charles Christie bore personally the full cost of the penalty. There were likely individuals in the community who reported Charles to the police, leading to his arrest and subsequent fine. It may also be that Charles Christie's long running dispute with one of the Protectors of Aboriginals, an officious bureaucrat named E Parker may have seen to the arrest out of spite.(See letter right.)
Cuthbert Fetherstonhaugh. 1837-1925. Courtesy NLA. |
Regarding Charles Christie, Frank Gardiner's father, there is limited information available about his life. In the Sydney Morning Herald Family Notices of February 1864, it was recorded that Charles Christie passed away on the 16th of February at his daughter Archina's residence in Pitt Street, Sydney, after a prolonged and agonising illness. Possibly cancer:
One notable incident occurred when Charles Christie and Henry Munro were recovering their stock from an Aboriginal raiding party. They were ambushed and Henry Munro was speared during the attack. This incident led to a retaliatory response from the settlers, fed up with the lack of government oversight. Consequently the many settlers launched counterattacks against the aboriginal groups. Details of these events were reported in the 'Port Phillip Patriot and Melbourne Advertiser' on Monday, 22nd July 1839 including the assault on Henry Munro.
However, evidence suggests that 'when uncontrolled by parental influence,' it was far from the truth and may have purely been a refusal to adhere to Munro's discipline, or had the days as a boy observing his father's sly grog shop and shady customers and easy money formed the man?
Charles Christie Jnr, Baptism. 1824. Note, Father Charles. Note, Mother Jane. This is no doubt, Jane/Jean McLeod. Charles' Profession; Carpenter. |
June 1850, upon reaching the age of twenty-one, Francis Christie ventured beyond the confines of a structured society. While his extended family relocated to Portland, Francis chose to stay in the vicinity of the Loddon River, where he found companionship among a group of local misfits. It was during this time that they embarked on a series of horse thefts, targeting valuable steeds owned by a prominent settler in the area.
Upon discovering the brazen horse theft, Mr Morton, the owner of the stolen animals, was filled with rage and determined to track down the perpetrators. He gathered a small search party consisting of his employee, the skilled bushman and tracker William Mercer, and an elderly man named Williams, whose own horse was among the stolen ones. Despite Williams' age, Morton allowed him to join the search on the condition that he kept up with the rest of the group. They prepared to depart, their resolve unwavering, as they set out on the trail of the stolen horses.
At Salisbury Plains, Victoria: William Lockhart Morton. Name of run—Plains of Thalia, Estimated area—57,600 acres, Estimated grazing capabilities—4,000 sheep.
As they left 'Plains of Thalia Station' and followed the tracks, Morton and his men relentlessly pursued the fleeing thieves. They pressed on, passing by Mount Sturgeon station and eventually finding respite at the Mount Sturgeon hotel. It was at this point in their pursuit that they decided to take a moment to rest and regroup before continuing their chase. Morton later revealed; 'Geelong Advertiser' 23rd October 1850;
Upon their arrival at the Mount Sturgeon Inn, owned by Andrew Templeton, Morton engaged in a conversation with him about the recent local races. To Morton's surprise, Templeton revealed that the suspected robbers had participated in the races, competing against horses entered by the police. Astonishingly, the thieves had emerged victorious and claimed the prize money without arousing suspicion.
During Morton's stay at the inn, Templeton drew his attention to a letter that one of the gang members, Christie, had left in his care. Recognising its potential importance, Morton quickly seized the letter, realising that it could provide valuable information about the whereabouts and plans of the thieves, 'Geelong Advertiser' 23rd October 1850;
Lake Mingo, Murray River, May 1850.
J.C., Esq., auctioneer, Portland.
"Sir,—I have no doubt you will feel surprised at being addressed by a stranger, but as it is on business, you will excuse the liberty taken. I have sent my superintendent, Mr William Troy, to Portland with 33 head of horses, which I consider a fair sample for any market. The same I wish you to dispose of by the hammer to the highest bidder. Should the price realised please me, I will send you over another draft in the course of a month. Mr William Troy is authorised to receive the proceeds, and his receipt will be a sufficient acknowledgement. Please to give him only such money as is current in Portland.
I remain sir,
your obedient servant,
ANDREW TAYLOR.³
Crawford Station For Sale. 'The Argus' 4th February 1851. Courtesy N.L.A. |
Francis was nicked. Captured the prospect of hard time in chains lay at Christie's feet. Whereby a plan amongst Christie, Stewart and Newton was enacted to flee the Geelong Goal. However, only accomplice Stewart succeeded, and he was never heard of again. Christie and Newton's attempt was unsuccessful:
Caught!
The Stockade, Pentridge, Melbourne. c. 1849. The First Established Receptacle for Criminals. Artist unknown. |
Dr W.C. Haines, Foreman of the Jury for Christie. Later 1st Premier of Victoria. 1855-1857. |
His Honor summed up -"The horses were found in possession of the prisoners if they could not account for possession, it amounted to almost a conclusive evidence of guilt. But there was a difference between possession and custody that must be judged of. There appeared there had been a difference between the positions occupied by the prisoners, but the evidence that they were acting as servants would be collusive. Newton pleaded that he was a servant to Stewart; if a servant, he would be guilty, if he were cognizant that the horses had been taken possession of illegally. The other prisoner seemed to have taken a similar share in the transaction. He should leave to the jury to reconcile the fact of possession, with the supposition of their innocence." Verdict against both prisoners-sentenced to five years hard labour on the roads.
Wednesday 23rd October 1850
https://trove.nla.gov.au/newspaper/article/91919180?searchTerm=%22Christie%22Portland&searchLimits=l-state=Victoria|||sortby=dateAsc|||l-category=Article
Illustration of Christie's escape from Pentridge, Coburg, Victoria, 1851. by Percy Lindsay c.1935 |
Following a daring escape from Pentridge Prison, eleven prisoners managed to break free. However, their taste of freedom was short-lived as all but five of them were recaptured within a few days. Among the escapees was Francis Christie, who embarked on a journey northward alongside another fugitive named Charles Herring. Herring, was from the Bendigo district, had arrived in Hobart, Tasmania as a convict aboard the ship Egyptian in 1839, having been sentenced to seven years. After his release in 1847, Herring made his way to Victoria, where he found himself convicted of assault in 1850.
Note: Charles Herring escapee from Pentridge with Christie in 1851 was gazetted as wanted in Victoria. In 1862 Herring was sort for stealing at Canowindra. The description in both the Victorian and NSW gazettes match. Through age, height, marks and moles. Herring obfuscated, as was widely practised, his origins. As with Frank Gardiner. Herring was involved in robbery with John Peisley and was a mate of William Fogg. Herring would in 1863 while in custody be seconded to the NSW mounted police due to his bragging the he was a close friend of Gardiner. It was short lived as Herring under the alias of Zahn was dismissed after stealing from Capt Baytte.
Shortly after their escape from Pentridge Prison, Francis Christie and Charles Herring were sighted near the Government camp at a newly discovered goldfield on Bandicoot Creek, today known as Bendigo, by local settlers. Some settlers may have recognised Christie, remembering his family and his time living with Munro at nearby Campasne. Herring, on the other hand, would later use the aliases Charles Zahn and Burgess and was eventually sought by NSW police for his association with the infamous bushranger Ben Hall, twelve years post-escape.
By the end of 1851, fearing apprehension, Christie headed north, crossing the Murray River into New South Wales. He blended effortlessly among the throngs of gold miners flocking to the newly discovered goldfields near Bathurst, specifically Ophir, discovered by Edward Hargraves, Lister, and Toms.
In the early 1850s, the regional landscape of New South Wales was dotted with remote and thinly populated settlements, mostly consisting of a few huts, shanties, or trade stores. The sparse presence of law enforcement made it an ideal setting for acquiring high-quality horses. After their escape, John Newton, Christie’s accomplice in the Morton affair, chose to separate from Christie. Unlike Christie, Newton was recaptured and returned to Pentridge, later escaping again during another prison outbreak, though his ultimate fate remains a mystery.
Upon reaching New South Wales, Christie returned to the Goulburn district, where he had spent his childhood in 1837. Crossing the Murray River put him well beyond the reach of Victorian authorities, but his criminal activities soon intensified. By shooting at a prison guard, who was Aboriginal, Christie committed a severe crime potentially punishable by hanging.
Christie assumed new identities to avoid capture, going by the names Clarke and Gardiner. Initially, he found work in stock handling around the Abercrombie and Goulburn areas, leading a seemingly quiet life. However, his old tendencies resurfaced, and he soon reverted to horse stealing. Reflecting on his return to criminality, Christie, also known as "The Darkie," later remarked on his engagement in horse theft and other illicit activities as he plunged deeper into his life of crime. Christie later, as Frank Gardiner, made a comment in his own words on how he fell into horse stealing:
"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."⁸
However, Christie's first foray into theft in NSW did not end well, when in the company of a youth named Prior he attempted to pull the same stunt as with Lockhart Morton. Horse stealing.
William Fogg, Parole 1840. |
The Sydney Morning Herald Thursday 13th April 1865. |
As for Francis' father, it appears that he returned to Victoria in 1854, as indicated by Fetherstonhaugh. His other children, who demonstrated great care for their father, resided in Sydney before his eventual death in 1864. He lived with Archina Griffiths and Charlotte Ion at 283 Pitt Street, where he was described as a gentleman farmer. The Griffiths were involved in the fruit business, and it is possible that Francis may have spent some of the missing years in the company of his father, further adding to the complexity of his origins and his efforts to conceal his true identity.
Early woodcut of Frank Gardiner, The Bushranger. c. 1861. |
One such instance was an alleged incident in 1845, where he was accused of stealing brandy. Despite the accusations and the watchful eyes of the authorities, Fogg managed to escape the consequences of his actions. His knack for eluding conviction added to his reputation as a cunning and elusive character within the criminal underworld.
Despite Fogg's propensity for illegal activities, he and Christie formed a deep bond based on their shared inclinations and experiences as ex-convicts. Their friendship endured throughout the years, with both men finding solace and companionship in their unconventional lifestyles:
It is worth noting that Fogg's legal encounters and those within his criminal circle were dealt with by Solicitor Mr. Holroyd, who also served as a Member of Parliament for the Bathurst constituency. In 1881, Holroyd ascended to the position of Justice of the Supreme Court.
This information sheds light on the interconnections between Christie, Peisley, and Fogg, suggesting a network of individuals involved in illicit activities, with legal professionals occasionally intertwined within their affairs.
Certificate of Licence, Henry Prior, Goulburn 1853. New South Wales, Australia, Certificates for Publicans' Licenses, 1830-1849, 1853-1899 |
Consequently, Chief Constable Robert McJannett armed with the evidence arrested Francis Christie, who had dropped the Christie for Francis Clarke, and his accomplice Edward Prior. When arrested Christie was found to have had £5 5s upon him and Prior £25; 'The Sydney Morning Herald', Tuesday 21st March 1854 reported:
Robert McJannett. New South Wales, Australia, Returns of the Colony, 1854. |
Hart's Royal Hotel, c. 1849. Courtesy Yass & District Historical Society. |
Saturday 18th March 1854
John Pagett New South Wales, Australia, Registers of Police Employment, 1847-1885 for John Pagett |
Although facing a long period of incarceration Clarke apparently keep much to himself and was noted as polite and respected;
Furthermore, Clarke was gifted with artistic talent (see bottom of this page), demonstrated when in 1865 he inscribed through exquisite calligraphy a Bible to his future lover Kitty Brown currently displayed at Young, NSW. He was also noted as talented in other areas, namely Bone Carving. He was also excellent at Arithmetic;
Attempted Escape Cockatoo Island.
Escape from Cockatoo Island posed significant risks, including treacherous currents, sharp oyster shells littering the rocky shorelines, sharks, and other perilous barriers. Yet, these dangers did not dissuade determined men from attempting the desperate swim to freedom. Many tried; many failed. Francis Clarke was among those who dared to escape, making two such attempts.
An account from a former prisoner who served time alongside Clarke offers a glimpse into his early days in prison and details his efforts to flee. This account emerged after the infamous bushranger's release and subsequent deportation in 1874. Although the author's real name has been lost to history, they wrote under the pseudonym 'Old Hand,' chronicling Clarke’s daring escape attempts.; 'Freeman's Journal' Saturday 26th May 1877;
On another occasion, Gardiner tried to escape from the island by secreting himself during working hours. He supplied himself with a stock of provisions sufficient to last him for a week. Although a diligent search was made, he could not be found; every conceivable place where it was considered possible for him to hide was searched, but there was no trace of him for four days. It subsequently transpired that during the day-time, he hid down a deep well in the Superintendent's garden, and at night he used to come out of his hiding place. This well had not been used for some time and had a few feet of water in it. It was in the wintertime, and he used to have to pinch his flesh to make the blood circulate. He ran a great risk of being shot, for everyone who was out after dusk during such events as attempted escapes had to know the countersign, or else they would be arrested or shot at. On the night of Gardiner's capture, he had found his way into the "lumber yards" and was arming himself with some implements out of the blacksmith's shop to attack anyone who should dispute his passage to the water. Being disturbed by the approach of someone he quickly got underneath a blacksmith's bellows, and for a while defied the efforts of his pursuers, but was eventually captured.
Cockatoo Island Prison. c. 1860. Courtesy N.L.A. |
However, after five years and two unsuccessful escapes at Cockatoo Island, Christie determined there must be a better way than working the chisel and faking illness. Subsequently set about applying for his freedom while still having some ten years to run on his original sentence of fourteen years. Fortunately for Clarke, his confidence and self-assurance and gift of the gab enabled him to sweet-talk his way to an early release.
Furthermore, whether or not his family connections influenced the powers that be anonymously is more than possible. Although convicted under the name of Clarke there no doubt existed correspondence between him and his family. In the future when he was eventually thrown out of Australia his three sisters had been instrumental in pursuing his release following ten years of a thirty-two-year sentence of imprisonment.
Note: Frank's 1874 release was primarily achieved through his three devoted sisters.
Francis Clark (Christie) Ticket-of Leave, December 1859. NSW Reports of Crime. |
Cancellation and warrant for Ticket of Leave. Note: There is no mention of the two tattoos present on Gardiner's 1874 release. NSW Police Gazette. |
Francis Clarke and Edward Prior entry Cockatoo Island 1854, note Gardiner as stout. |
Arrested and escaped whilst at Burrangong diggings. 3rd May 1861. NSW Police Gazette. |
Francis Clarke, Ticket of Leave. 1859 Never before published. |
Frank no doubt charmed those officials who granted his ticket-of-leave even after his reported bad conduct at Cockatoo Island. The authorities, hadn't realised that his spokespersons were mere dupes, and were hoodwinked into release, where no doubt, the hand of Fogg lay across the subterfuge as he called in all his owed favours from his suspicious associates. The thoroughness of his champions petition had even the Inspector of Police J McLerie approved his release:
A copy of those who facilitated Clarke/Gardiners release:
ISAAC SHEPHERD, J.P., Wheeo
JOHN REED, grazier, / Prosocutor
EDWARD BARKER, grazier, / Prosocutor
FRANCIS HARRIS, grazier.
WILLIAM FOGG, grazier.
WILLIAM ATKINS, grazier
CHARLES AUGUSTUS HOWARD, grazier.
RICHARD TAYLOR, grazier
HENRY NEWMAN, grazier.
Note: Richard Taylor is Fogg's brother in law and the man who took Kitty Brown to New Zealand, where Kitty ultimately took her own life. Taylor was recorded as abusive toward Kitty.
Sir John Young 12th Governor of New South Wales 1861–1867. |
On March 18, 1860, Frank Gardiner and an accomplice, fitting the descriptions of two notorious outlaws, intercepted the Cooma Mail Coach 13 miles from Queanbeyan. The coach was carrying mail from Cooma, Queanbeyan, Nimitybell, and Bombala, and had two passengers, Mr. Rannegar and Mr. Stewart. The bandits forced the passengers off, tied them to a tree, and robbed them of their watches before fleeing successfully.
Following a string of suspected robberies, Gardiner parted ways with Peisley. Accompanied by Fogg, he moved to Lambing Flat, drawn by news of the lucrative gold discoveries there. However, Magistrate Beardmore of Carcoar was aware of Gardiner's criminal activities and, notably, his involvement in the Cooma robbery. Beardmore claimed that a ten-pound note stolen from the Cooma mail had been traced back to Gardiner. With substantial evidence against him and multiple charges looming, Gardiner had ample motivation to leave the area.
Despite the pressure, Gardiner and Fogg began a new venture in Lambing Flat, attempting to start afresh amidst the gold rush excitement.
Isaac Shepard, Jun, J.P. 1833-1913. Private Source. |
Following Sheedy's discovery of gold, an article appeared in the newspaper outlaying the reward presented to Sheedy for his lucrative find which dwarfed Hargraves 1851 goldfield at Ophir NSW; 'Sydney Morning Herald';
Consequently, the ramshackle town of Lambing Flat was created, and Fogg and Gardiner were conducting a roaring business. Lambing Flat was described in an extract from the 'Goulburn Herald', 1860:
Butchers Shop.
Lambing Flat. c. 1862. Courtesy, Young Historical Society. |
Mrs Betsy Toms c. 1920. Courtesy NLA |
As a result, the illicit acquisition of cattle (known as "on the cross") inevitably drew the attention of local law enforcement, led by Captain Battye. The dubious origins of the stock at Fogg and Gardiner's butcher shop raised numerous suspicions. Captain Battye, determined to curb cattle theft, frequently raided butchers suspected of shady dealings, intensifying his focus on their operation. This scrutiny eventually paid off for the police, who gathered enough evidence to support their suspicions about Fogg and Gardiner's illegal activities. In April 1861, under the multiple aliases of Christie/Clarke/Jones/Gardiner, Frank Gardiner was apprehended by a trooper named Westacott at Spring Creek and faced charges not of cattle stealing but of horse stealing.;
Sgt John Middleton wearing his Silver Bravery Medal awarded for Gardiner's capture. Middleton was dismissed from the police, but was subsequently reinstated. Coloured by me. |
After returning to Fogg's farm, news of Gardiner's whereabouts reached Mr. Beardmore, the magistrate in Carcoar. He received intelligence that Gardiner was in the Lachlan River area at Fogg’s and was linked to a series of armed robberies alongside the bushranger John Peisley. Acting on this information, Beardmore ordered troopers Middleton and Hosie to re-arrest Christie/Clarke under the existing warrant issued for suspicion of working with Peisley and as a parole outside his assigned district.
On July 16, 1861, Constables Hosie and Sergeant Middleton carried out the arrest. Both officers were diligent and well-known in the Carcoar police district, which extended to Trunkey, a gold-mining town also notorious for its bushranging activities. John Peisley, in particular, was a prominent figure in the local criminal scene, leading a gang of bushrangers. While Gardiner had previously fled from Lambing Flat and became active in the area, the dogged efforts of Middleton and Hosie led to the successful capture of several bushrangers, earning them considerable respect within the district; 'Goulburn Herald' Wednesday 6th March 1861;
Mining matters have passed the Rubicon of either good or bad, the exodus of the digger, and their families, to the Lambing Flat, having depopulated this locality, and left the golden treasures of Tuena to continue undisturbed.
The district around is, I am sorry to say, in a state of more insecurity, than at any previous period for some time past, bare-faced robberies and sticking up, seem to be the rule and not the exception. Our police force consists at present, of one serjeant, and one trooper, who have quite enough to do to keep matters right among the settlers, by protecting, or rather I should say, hunting after the villains, who have lately been levying black mail at Trunkey, or the Abercrombie, and the surrounding neighbourhood. The notorious Peisley has it appears, in concert with other villains been robbing right and left, and on Friday morning early, or rather, between Thursday night and Friday morning, our indefatigable sergeant Middleton, with trooper Hosie, brought in two men with whom they previously had some acquaintance; having some days since accidentally fallen in with them, and passed them by as honest men, but subsequently finding they were deceived, again tracked them, but only found their horses and swags, which they conveyed to Carcoar, and upon investigation the proceeds of a small robbery belonging to a travelling jeweller appeared among the contents.
Ever on the alert, Middleton has at last secured these two worthies, and has started with them for Carcoar. It would be premature to say more just now, but there can be no doubt but they are connected with recent robberies. Stapleton, a publican at Trunkey was robbed of a large sum of money; the like misfortune happened some Chinese on the Abercrombie; Gunning Flat has had the compliment paid and probably time will reveal a few more localities. When Middleton seized the men referred to, they were armed to the teeth, and too much credit cannot be given to him and Hosie for the zeal and promptness with which they do and are ever ready to discharge their duties. It is to be lamented that we have no unpaid J.P. anywhere near us, our P.M. lives 30 miles away, and visits us but once a month.
It is to be hoped that so extensive a district as that of the Abercrombie will not be left so unprotected as at present, but that the hands of sergeant Middleton will be strengthened to enable him to extend his protection to the settlers, and to spare some of his force to unkennel the villains who lurk about this district. - Tuena, March 1861.
William Fogg. 1813-1899. |
Fogg's Hut. This is not the original home but built over the old Hut site c. 1867. Photo c. 1920s |
Reward Notice 1861. NSW Police Gazette. |
I had been there about two months before, and had a conversation with them; they knew me, and who I was; they knew me because I was in police uniform, and another trooper named Wilson, also in uniform, was with me; I saw both Fogg and Mrs. Fogg; I had never seen them before; Wilson is now, I believe, in Darlinghurst gaol; the house is in a paddock enclosed in a three-railed fence, and is between two and three hundred yards from the slips rails; Middleton and myself had our police uniform and leggings and ponchos on; the ponchos reached to about the knees, and were not part of the uniform. Mine was of a dark colour; we went to look for Gardiner. I dismounted and took down the slip rails, and Middleton rode on whilst I led my horse through the rails; Middleton reached the house first, and I was fifty or sixty yards behind; I saw Mrs. Fogg fall back like as if she was alarmed when she saw Middleton dismount and go to the house; she held up her hands as if in fright as Middelton was entering the house; I was about twenty yards behind, and almost immediately on Middelton entering I heard two shots fired, almost in succession, one after the other; immediately afterwards Middleton rushed back to the door and told me to go round to the back of the house; he was wounded and covered with blood.¹⁴ (Also see Link above.)
Dramatisation of Gardiner and Hosie encounter at Fogg's. Dan Russell, 1952. Courtesy NLA |
However, Hosie's death as reported was premature, and in August 1861, the round that stuck Hosie was reported as extracted and his survival a miracle. 'The Courier' Wednesday 11th September 1861:
Following the 'Battle of Foggs Farm', Fogg was arrested for harbouring and bailed on £100 to appear a month later:
Far from dying and the brawl at Fogg's over. Gardiner fled to the Weddin Mountains. However, while serving time at Cockatoo Island, Gardiner/Clarke became acquainted with one John Peisley. Both had a common friend, William Fogg. John Peisley hailed from the O'Connell Plains near Bathurst, born in 1834. Peisley and his family were well known to the police and faced court at various stages but inevitably escaped conviction. However, his father was sent down over a bull theft from prominent landowner Mr Icely of Coombing Park.
Sentenced to seven years at Cockatoo, Peisley's father reputedly died in prison before completing his sentence. The Peisley home was home to a 'den of thieves.' In February 1852, Peisley was arrested for stealing two horses from Mr Patrick Kurley. However, two years would pass before Peisley fronted the court. After all the evidence, the jury retired and returned a guilty verdict shortly after. Peisley was sentenced to five years at Cockatoo Island.
John Peisley, Ticket-of-Leave, 1857. New South Wales, Australia, Tickets of Leave, 1810-1869. Never before published. |
Sir, —You will no doubt be surprised to receive a note from the (now by all account) noted Piesley; but, sir, through your valuable paper I must make it known that, if it be my lot to be taken, whether dead or alive, I will never be tried for the rescue of Gardiner, in the light in which it is represented; nor did I ever fire at Trooper Hosie. And such I wish to be known, that it is in my power to prove what I here assert, and that beyond a doubt. I am no doubt a desperado in the eyes of the law, but never, in no instance, did I ever use violence, nor did I ever use rudeness to any of the fair sex, and I must certainly be the Invisible Prince to commit one-tenth of what is laid to my charge. And, sir, I beg to state that it is through persons in high positions that I now make this assertion, and I trust I may never have to allude to it again. I love my native hills, I love freedom and detest cruelty to man or beast. Trusting you will publish this, my bold letter no doubt, but you can be assured it comes from the real John Piesley and not any of his many representatives.
I am, Mr. Editor,
Note for Execution of John Peisley. New South Wales, Australia, Sheriff's Papers 1829-1879. |
Execution of the Condemned Criminals
4th June 1862 |
POLICE OFFICE.
Middleton reduction in rank following reinstatement 1st September 1863. NSW Police Gazette. |
John Middleton, relaxing in his yard. c. 1890. The reverse of this photo states. John Middleton, who had a hand to hand "fight" with Gardiner the bushranger. Private Source. Never before published. |
They succeeded, in about two hours, in getting notes and a cheque, which, together with the money before in their possession, made up a total sum of fifty pounds ten shillings. This was all given to Hosie; for, having no silver, they could not deduct the surplus. It was insisted by Hosie, before agreeing to this arrangement, that, in order to save his character, the form of rescue should be gone through. With this view, the old man Barney was sent off with a gun to a part of the road where Hosie and Gardiner were to pass, and when they came up, he was to personate Peisley and rescue Gardiner. To carry out this plan, and to make Hosie keep to his bargain, Fogg accompanied them until Barney rushed out of the scrub and rescued Gardiner as agreed upon. That a rescue did take place is true, but it is also true that it was only a sham. These facts were communicated to the Government very shortly after they occurred, and the circumstance that the cheque which passed into Hosie's possession would afford, if traced, a strong confirmation of the truth of the statement was pointed out, it was, however, thought that the affair, if made public, would be so disgraceful to the police, that the Government decided in dismissing Hosie from the force without endeavouring to bring him to justice.¹⁷
Justice, Edward Wise (1818-1865) Courtesy NSW State Parliament. |
'The Darky' was a true celebrity whose very name touched every citizen of NSW. A man whose exploits were romanticised, full of adventure, daring and bravery regardless of the poor victims who suffered under his revolver. Furthermore, the scenes generated in and outside the filled court and through the general public brought much displeasure and disgust to the presiding Judge, Mr Justice Wise;
The instant this announcement was made 'hurrahs' burst simultaneously from all parts of the throng. Notwithstanding the demands of his Honour for silence and the efforts of the police, this cheering, shouting, whistling, stomping of feet, and clapping of hands continued for some seconds. Order was not restored until his Honour summoned a boy before him whom he had seen clapping his hands. The boy was remanded to Darlinghurst Gaol, but afterwards, in consideration of his extreme youth and the intercession of counsel, he was discharged with a reprimand. Additional police having been placed at the entrances behind the crowd, his Honour requested the constables to bring before him any persons whom they had seen take part in the disturbance, but none were forthcoming, owing probably to the difficulty of singling out individuals from so large a number, all of whom appeared to join in the tumult.
His Honour with great warmth remarked that it was astonishing that there should be such an utter want of common decency among such a number of people in New South Wales; it was a disgrace, an utter disgrace to the colony. He also thought that the police were censurable. The prisoner, who it is understood will be arraigned on another indictment, was remanded to gaol.¹⁸
Mary Fogg. 1826-1907. |
Kitty married John Brown when aged 16 at the same the church as Bridget and Ben Hall at Bathurst in September 1859. Catherine signed her name. Courtesy Private source. |
Though the face presented to the road does not though steep, present any very particularly formidable barriers to the pursuit, then are other parts of the range that are exceedingly rocky and precipitous, being, moreover; covered by a dense undergrowth or scrub, rendering pursuit unless by tracking, an almost hopeless task. It was upon this account that Gardiner made it his head-quarters, and until the police made up their minds to stick, persistently to his tracks, he found it a very comfortable position to take up. His friends, if such men have friends, were all round him, and he could go from the house of one to that of the other, as circumstances might suit, or it compelled to lie concealed, could always draw his supplies from them. By rooting out the confederates of the bushrangers, this position is no longer a tenable one for them, as their supplies are cut off. This fact, coupled with the knowledge that the police have obtained of the locality, may account for the wide berths that Gilbert and Co. have given to the favourite haunt of their predecessor.
The friendship between Maguire, Hall and Gardiner evolved through Gardiner's Lambing Flat butcher's shop. John Maguire and Ben Hall were then commencing a new venture. A cattle station called Sandy Creek, sixty miles distant. The two men also drew cattle from the adjacent Wheogo Station. Through Hall and Maguire, Gardiner fell for the beautiful Catherine Brown. A vivacious blonde, 5ft 3in tall. Wheogo Station was owned by Sarah Walsh nee Hurpur nee Chidley the stepmother of the men's wives Elen Maguire and Bridget Hall, following the women's father's death in 1858.
Bridget Hall c. 1860 Penzig Collection |
CORRESPONDENCE
NSW Police Gazette Reports of Crime 20th May 1861. |
Sir Frederick Pottinger.
Moreover, throughout the detailed map. The police furnished insight and opinion regarding the character of those considered criminal or just plain reprehensible who were known protectors of 'The Darky'. However, two names on the highly confidential map are surprisingly the young wife of Ben Hall and her sister Mrs Catherine Brown. Both noted as 'bad', and at one farm on the map it states;
Gardiner was known to attend Yorkshire Jack's as it doubled as a well-known sly-grog shop. The police map provides a clear insight into the close ties both married 'wild Weddin girls' Catherine and Bridget had with many of the shady characters earmarked by the police. However, one of Gardiner's mates would destroy Ben Hall's marriage and drive the mild-mannered squatter into a dissolute life that would end in a barrage of bullets four years later.
Flamboyant Claude Du Val. by William Powell Firth (1819-1909) |
The police in constant search and on alert were always one step behind the Darky as he covered the districts with ease. Gardiner was irrepressible. The newspapers often characterised him in the mould of the famous and cavalier 17th-century French-born English highwayman Claude Du Val (b.1643-d.1670) or another 18th century famous English highwayman Dick Turpin (1706-1739);
The Australian Dick Turpin. Gardiner's Flight. Courtesy, State Library of Victoria. |
Furthermore, when confronted with an infringement that would put a mark against him in the eyes of those settlers, Gardiner would quickly rectify the situation;
Therefore, even those stripped of all their valuables and cash were never left without a silver shilling for the road, a coin Gardiner never accepted. All these actions enhanced Gardiner's image and prestige;
However, Gardiner did not discriminate with former friends either, with cases recorded of his robbing both those close and former acquaintances from Lambing Flat was a common practice. Robberies conducted without any malice or vindictiveness, after all, it was just business;
Gardiner, having fully recovered from the gunfight and struggle at Fogg's farm and in the throes of a sizzling love affair with the beautiful blonde haired Catherine in full bloom. All roads and tracks surrounding the Goldfields at Forbes, Lambing Flat and the Weddin/Pinnacle Mountains were now under Gardiner's domain as he leapt into bushranging.
Kitty reputedly in action with Gardiner. c. 1862 |
John 'Warrigal' Walsh in company with Frank Gardiner December 1861. NSW Police Gazette, 1862. |
An old-timer who reputedly knew 'The Warrigal' in their youth recounted in a look back in the 'Freeman's Journal', 10th November 1906;
Sadly, the Warrigal's relationship with Gardiner would cost him his life at age 16 in March 1863 following his arrest at his sister Kitty's home in August 1862, incarceration covering many months at the primitive Forbes lock-up. John Walsh died from Gaol Fever. (Typhus fever.) (For full details, see Ben Hall Pt. 1.)
Dick Turpin or Claude Du Val?
The nexus of locals included the ever-present and willing bush telegraphs, who on horseback and foot scoured the towns and villages for news of prospective victims for a reward or a morsel of booty from the celebrated bushranger. One bush telegraph was John Bow, a local stockman on John Nowlan's station near Bimbi, Weddin Mountains and participant in the Eugowra gold heist.
However, as they say, actions speak louder than words, as described in the article below. Two local Flat businessmen brandishing some tough talk unknowingly however in Gardiner's presence at a local shanty were introduced to the Darkie personally when Frank identified himself. The men melted into a nervous quiver.
COUNTRY NEWS BURRANGONG
JOTTINGS ABOUT MEN AND THINGS AT LAMBING FLAT
Nevertheless, recruits, such as John Gilbert, John Davis, Jack O’Meally and Pat M'Guinness and others, all gravitated to 'The Darky', reputedly nicknamed by his muscular, athletic build dark-complexioned handsome looks as well as a love of the dark arts ... 'Fortune Telling'. The band of marauders commenced waylaying travellers daily on the roads between the Burrangong and the Lachlan gold diggings at Forbes. However, one of the most successful and most rewarding robberies for the bushranger was the bailing-up of two storekeepers on the 10th March 1862. After months of small takings, Gardiner hit pay dirt.
Gardiner's victims were Alfred Horsington (Hossington) and his wife Sophia, and Henry Hewett. The businessmen were stopped near Big Wombat. Alfred Horsington knew Gardiner by sight, saying in 1864;
However, later when captured and while in the dock at the Sydney Criminal Court at Darlinghurst in 1864. Frank Gardiner pleaded Guilty to the charge of Highway Robbery against Horsington and Hewitt, but took umbrage at the evidence put forward by his victims. In a letter to the judge, Chief Justice Alfred Stephen, Gardiner cast doubt over the victim's claims. Gardiner, in fact, stated that there were five in number, not four. The fifth man may have been Samuel Dinnir (Dinner), a well-known hoodlum of the district released from Bathurst Gaol in 1860; from the Yass Courier:
Gardiner stated that only two of the bushrangers involved remained alive during the court proceedings since the events. At the time of the 1864 trial, Pat M'Guinness had been shot dead. John O'Meally also shot dead, and John Davis, unmentioned previously, was serving a fifteen-year sentence and was descending into madness. Whether by design or mischievous intentions, Gardiner hints that Gilbert was not a participant.
Furthermore, Gardiner stated that the robbery was conducted much later, being some six weeks later. However, contemporary accounts in March 1862 were not fabricated and explicitly stated the events were on the 10th March 1862. A statement the court appeared disinterested in verifying, no doubt as the Highwayman had pleaded guilty to the charges.
Robberies mentioned above would have no doubt have included Ben Hall, Gardiner's newest compatriot. Ben Hall's link to crime with Gardiner dates back to 1861, evidenced when a mail contract rider was held up in 1863 by Hall and John Gilbert confirming the early link. 'Geelong Advertiser' December 1863;
The robbery of the storekeepers generated outrage, highlighted in the 'Sydney Morning Herald' article of the 15th March 1862, after the bushrangers had escaped with over £1500 in cash and gold;
Gunfight at Brewers Shanty - Davis falls.
Gardiner's primary interest in weapons may have been due to his ongoing plans for the imminent robbery at Eugowra, also known as the gold coach robbery. Keeping a keen eye on the proceedings, Gardiner made sure to arm his gang adequately, thus preparing for their next major heist. Yass Courier 12th April 1862.
THE LATE DESPERATE ENCOUNTER WITH BUSHRANGERS
With Davis' capture, and Gardiner's newest chum Ben Hall was also recently arrested, this appeared in the 'Empire';
Gardiner, seated left. |
But Gardiner, ever the strategist, promptly replaced Davis with John Gilbert. Gilbert, much like Davis, was a brave and daring individual, an expert horseman, and, most importantly, unwavering loyal. His intelligence and joyful personality closely mirrored those of Davis, making him the perfect candidate to fill Davis's shoes. With Gilbert's, Gardiner's gang was ready to resume their notorious exploits. The gang, despite the setback, adapted and persevered, embodying the chaotic and resilient spirit of the bushranging era.
Paddy Connolly, mate of Gardiner's. |
John Davis sentence commuted. November 1862. Sheriffs Papers. |
Following Davis' capture, 'The Darkie', either to rescue or avenge his mate's capture, commenced searching passenger coaches along the Lachlan Road, seeking the troopers responsible for grabbing his mate. The following article is from the 'Sydney Morning Herald' 17th April 1862 refers to Gardiner in company with four bushrangers riding magnificent mounts, one of whom was the newly single Ben Hall;
"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."
Robberies become a dime a dozen since the rush of the Burrangong (Lambing Flat) and Forbes goldfields. Therefore, Ben Hall had unquestionably participated in earlier holdups, but as luck would have it, none were able to be pinned to him as attested to by Charles MacAlister: 'Old Pioneering Days in the Sunny South.'
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.
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."
Ben Hall c. 1862 |
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.
Ben Hall on his first recorded robbery would be sent down for trial at Orange in May 1862 and with chicanery bribed a key witness and was acquitted.
Upon hearing the news of Ben's acquittal, Gardiner appeared at Sandy Creek offering Hall an apology for his lagging over the dray affair:
Next day Gardiner called Ben, and expressed regret that Ben had got into trouble through him.
Hall shrugged it off and 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."
One newspaper that repeatedly disparaged Gardiner's character was the 'Burrangong Courier'. The paper was editor-ed and owned by Mr G.D. Lang, son of the highly esteemed parliamentarian The Rev Dr Lang M.P. who had returned in 1834 from England on the same ship that brought out a five-year-old Francis Christie, 'The James'. Incensed at the unfavourable and derogatory reporting of the paper. Gardiner had been apprised that the influential father of the paper's owner was travelling through the Burrangong District gathering research for his highly anticipated article for the Sydney papers titled 'NOTES OF A TRIP TO THE WESTWARD AND SOUTHWARD'. Gardiner soon set his telegraphs to seek out the good Reverend for a parlay;
Accordingly, Gardiner penned one such letter that appeared in the Lachlan Miner and was reprinted in the bushrangers unfavourable Burrangong Courier. According to Frank's anamnesis. The letter highlighted the misrepresentation of Gardiner's most recent activities, whereby 'The Darky' wished to put the editor straight in a case of the pen is mightier than the revolver; BURRANGONG. (From the Burrangong Courier, April 23, 1862)- The following extremely respectable note and a letter appeared in the Lachlan Miner of the 10th instant. The Miner published Gardner's letter as we give it below, with the annexed endorsement as to its authenticity:
To the Editor of the Burrangong Miner, Lambing Flat;
Sir. - Having seen a paragraph in one of the papers, wherein it is said that I took the boots off a man's foot and that I also took the last few shillings that another man had, I wish it to be made known that I did not do anything of the kind. The man who took the boots was in my company, and for so doing, I discharged him the following day. Silver I never took from a man yet, and the shot that was fired at the sticking-up of Messrs Horsington and Hewitt was by accident, and the man who did it I also discharged. As for a mean, low, or petty action, I never committed it in my life. The letter that I last sent to the press, there had not half of what I said put in it. In all that has been said there never was any mention made of my taking the sergeant's horse and trying him, and that when I found he was no good, I went back and got my own. As for Mr Torpy, he is a perfect coward. After I spared his life as he fell out of the window, he fired at me as I rode away; but I hope that Mr Torpy and I have not done just yet until we balance our accounts properly. Mr Greig has accused me of robbing his teams, but it is false, for I know nothing about the robbery whatever. In fact, I would not rob Mr Greig or anyone belonging him, on account of his taking things so easy at Bogolong. Mr. Torpy was to bounceable, or he would not have been robbed. A word to Sir F. P. Pottinger. He wanted to know how it was the man who led my horse up to me the Pinnacle did not cut my horse's reins as he gave the horse. I should like to know if Mr. Pottinger would do so? I shall answer for him by saying no. It has been said that it would be advisable to place a trap at each shanty on the road, to put a stop to the depredations done on the road I certainly think that it would be a great acquisition me, for I should then have an increase of revolvers and carbines. When seven or eight men could do nothing with me at the Pinnacle, one would look well at a shanty. Three of your troopers were at a house the other night and got drinking and gambling until 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 was good as my own, I 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. Fear nothing, I remain, Prince of Tobymen.'
FRANCIS GARDNER, the Highwayman.
"Insert the foregoing, and rest satisfy you shall be paid."
"Make way for the Royal Mail." |
Gardiner's Dark Arts companion. |
Frank commenced organising a daring heist of Gold from a Royal Mail Escort. As such Frank had been scrutinising the regular gold escort movements around the goldfields of Forbes and Lambing Flat for months. Recording their routes and departure times as well as the number of ounces of gold on-board each coach. What made it easier for the 'King of the Road' was that the details required were frequently advertised/published in the local newspapers' columns. Some papers even went so far as to highlight how to conduct the robbery as early as January 1862. Expressed in; The 'Western Examiner' 30th January 1862;
Frank Gardiner was cognisant of that very sentiment revealed in the paper and amazingly almost followed the analysis to the letter. Therefore, gratified by the knowledge that the small number of police guards could be overcome. Gardiner set about finalising the logistics for the robbery. John Maguire, a close acquaintance of Frank Gardiner, wrote of Frank's desire in 'The Biography of a Reliable Old Native' (Written by P.H. Pinkstone, owner of the 'Hawkesbury Herald' and first published in the said newspaper after many in-depth interviews and fireside talks, c. 1906.)
Sergeant Duins was riding at its head, and the fallen tree, as he suddenly came upon it, seemed to excite his suspicion. He held up his hand, and cried "Halt!" That was taken as the signal to fire. The bushrangers jumped from behind the trees and fired a volley having loaded their guns with a double charge—a bullet and heavy shot. Four of the escort Davis, Boeswater, Fookes, and Morton—instantly fell, seriously wounded. Davis was shot in the neck as he tried to unstrap his carbine, and another of the wounded men was pinned down by his dead horse. Sergeant Duins dashed his horse through the barricade, being repeatedly fired at, for the robbers carried horse pistols as well as guns, and one of them, George Melville, had a revolver. Two bullets lodged in the flanks of Duin's horse, and both he and Warner exchanged shots with the gang until their ammunition was exhausted, but at too long-range to be effective. Warner gave up when his horse was shot in the jaw, and the sergeant galloped to the nearest police station for assistance. It was all over in a few minutes. The wounded men were left on the ground just as they lay, and while two of the bushrangers galloped out to exchange shots with Duins and Warner, the others took the gold and cash, overlooking, however, one packet of £120, and rode away through the bush. They had disappeared while the smoke of their guns still floated over the box trees.
At the time, it was a sensation. The banditos cleared out with over 3,000 ounces of gold and £800 in cash. Their shot at freedom and riches was short-lived. However, Frank Gardiner played no part in the McIvor affair. As by 1852 Gardiner as Clarke was recorded in Goulburn NSW and then in 1854 before the court for stealing horses from Tunea on 1st July 1853;
As such, the subject of Christie/Gardiner's often linked historical involvement in the McIvor affair appears to have sprung from a Sydney newspaper that picked up a report from a Melbourne paper insinuating that a Christie was a person of interest even leader in the affair.
Furthermore, Gardiner was in the habit of using many aliases'. If an absconder no doubt, was seized, have instantly provided one of the many false names in his repertoire. Apart from the one mention in the Sydney paper picked up from Victoria, there is no other link to Christie/Gardiner's alleged involvement.
Consequently, all the evidence at the subsequent trials of the actual perpetrators, in which John Francis turned Queen's evidence, makes no mention of the involvement of Christie or a man fitting his description. However, in his evidence, the approver John Francis references Pentridge;
Three of the men were convicted and hung for the crime. One committed suicide, and one turned approver. Another disappeared named Grey (Gray). Even on the Gallows, none about to face their maker or for possible salvation named names and took their leaps into eternity silent. Six in number participated. In another sweep of the robbery area, three other men were sent to trial as conspirators. They were Harding, Elson and McEvoy. They, too, were discharged soon after the examination as nothing could be proved against them as had been with Christopher Christy.
Thus, January's 1862 'Western Examiners' assessment of how to rob a coach may well be the only grounds for Gardiner's strategy at Eugowra and McIvor purely a historical coincidence. Another plausible explanation may well have been a correspondent pursuing the Victorian police Hue and Cry in 1853, drew a link confusing Francis Christie's escape from Pentridge and the Francis brothers and Christopher Christie's apprehension's at the McIvor diggings. However, whether or not that's true as fallen into the abyss of time.
Finally, the nail in the coffin of Gardiner's presence at McIvor came from Constable John Padget of the NSW police who in March 1854 stated under oath at Christie's trial for horse stealing in February 1854 where Gardiner as Clarke had stolen horses from the Fish River and Tunea district, quite a time-consuming effort.
Jack Fagan Escort Coach Whip |
Accordingly, with the knowledge in hand and the site decided 'The Darkie' set off on Saturday 14th June 1862 for Eugowra Rocks with his band-of-brothers.
George Burgess c. 1930's. Rare photo. |
George Burgess, who was only thirteen years old at the time, acted as an assistant to Dick Bloomfield, the person in charge of the family wagon. In his role as a 'billy boiler' - someone who made tea - Burgess had a unique perspective on the event.
He recounted how Frank Gardiner commandeered the drays. According to Burgess, Gardiner was polite, articulate, and commanding. His authoritative demeanour quickly established control over the situation. His charisma and assertiveness overrode any objections, making it clear he was in charge.
Despite the inherently criminal nature of the act, Burgess's account paints Gardiner as something of a gentleman bandit. This perspective aligns with other accounts of Gardiner's behaviour, suggesting a man who relied on charm and wit as much as force to achieve his goals. While such accounts certainly do not excuse his actions, they do provide a more nuanced picture of this infamous figure.
Ultimately, these first-hand accounts from individuals like George Burgess provide an invaluable glimpse into the character and operations of Frank Gardiner. They reveal a man who was not just a ruthless bushranger, but also a master manipulator, able to control situations and people with his charisma and intelligence. Despite the fear and uncertainty his presence undoubtedly caused, he left a lasting impression on those he encountered, as evidenced by the vividness of these accounts, commenting in the 'Molong Express and Western District Advertiser' Saturday 14th September 1935;
Eugowra Rocks. View towards the track of the approaching coach. Bushrangers secreted left. My photo |
As the Gold Escort, burdened with its precious cargo and defended by Sgt Condell and troopers Moran, Haviland, and Rafferty, made its way along the deeply rutted track, the clopping of horse hooves and the jangling of harnesses echoed eerily off the granite slopes. This was a typical journey for the team, marked by the familiar routine of encouraging the horses on and the comforting cracks of driver Fagan's whip.
Unbeknownst to them, however, their course was leading them towards danger. As they rounded a bend, the sudden appearance of three bullock teams blocking their path took them by surprise. The drivers of the drays were nowhere to be seen, leaving the Gold Escort to navigate around the unexpected obstacle. Fagan, with his characteristic authority, called out, "Make way for the Royal-mail", but to no avail. The path was blocked, and they had no choice but to try and circumvent the drays.
As they neared a massive boulder, an ominous sight met their eyes. From behind this shelter, men rose, their identities obscured by red comforters wrapped around their heads and the blackening on their faces. Clad in red shirts and armed with an array of rifles and revolvers, the sight was a chilling one.
Under the leadership of the infamous Frank Gardiner, these men were no mere highwaymen, but seasoned bushrangers. At Gardiner's call, the men let loose a volley of gunfire. The bullets rained down on the coach, splintering the timber frame and causing chaos amongst the lawmen inside. This audacious attack marked a shocking shift in the usually uneventful journey of the Gold Escort, forever cementing this day in history as a moment of intense conflict and danger.
Image of the Escort Coach attacked at Eugowra 15th June 1862. Photograph was taken in 1917 by W H Burgess. Held at the Mitchel Library. Many thanks to Dick Adams. |
Another image of the Escort Coach photographed by Frank Walker. Courtesy RAHS. |
Hanbury Clements station Eugowra. Bailliere's New South Wales Gazetteer and Road Guide, 1866. |
Eugowra Escort Robbery June 1862. Illustration by Monty Wedd. © |
Commissioner Grenfell. Newspaper Image, 1867. Courtesy NLA. |
As the gang concealed themselves in anticipation of the oncoming coach, they quietly observed two unsuspecting men passing by, completely oblivious of the grim tableau that was about to unfold.
In the wake of the attack, the shell-shocked survivors found refuge at Clements. In the dim light, they received urgent medical attention for their injuries. The magnitude of what had transpired started to sink in. A palpable sense of urgency swept through the place as Clements took it upon himself to deliver the chilling news to the police camp at Forbes. In the dark stillness of the night, he spurred his horse and rode with all his might.
Rafferty too appeared at the Forbes police camp, carrying with him the harrowing assumption that all his colleagues had been killed in the ruthless ambush. As the news spread like wildfire, a sense of pandemonium enveloped the area. The details of the brutal attack were quickly disseminated across the contemporary information highway - the Electric Telegraph, painting a vivid picture of the horror that had unfolded at Eugowra.
Later that fateful Sunday evening, with the report from Clements in hand, the gravity of the situation began to fully dawn on the people of Forbes. The events of that day had thrown their peaceful existence into chaos, marking a grim chapter in the annals of their community's history.
Capt. William Browne. c. 1869. Courtesy Hay H.S. |
In the aftermath of the brutal attack, Sir Frederick Pottinger arrived at the scene. Taking command of the situation, he immediately launched an intensive manhunt to bring the culprits to justice. Following a quick recovery operation to fix the bullet-riddled coach and procure fresh horses, the survivors of the attack were able to resume their journey to Orange. Along the way, they even picked up some additional passengers, and Clements was able to locate the missing bullock drivers.
The journey resumed under Sir Frederick Pottinger's orders, the coach, showing visible signs of the fierce encounter, finally arrived at its destination. As the sun set on Monday evening, the coach trundled up Summer Street towards the Post Office in Orange. On board were driver John Fagan, Sgt Condell, Constable Moran, Constable Haviland, Mr Boynton (the manager of the coach company Ford &Co.), Ellen Chandler, her servant and child. As they arrived in Orange, Haviland and the troopers deposited the mail that had remained surprisingly untouched throughout the ordeal. Their next stop was Dalton's Inn, located on Byng Street.
However, as the coach moved away from the Post Office towards the Inn, a chilling sound cut through the evening air - a gunshot from within the coach. In a heart-stopping moment, Constable Haviland, who had been seated inside the coach, was fatally wounded by a single shot from Constable Moran's revolver. In the tumultuous scramble with the bushrangers, the firearm had fallen to the floor, forgotten under Haviland's seat, leading to an unintentional discharge with tragic consequences.
James Dalton licence for The O'Connell Inn. New South Wales, Australia, Certificates for Publicans' Licences, 1853-1899 for James Dalton, 1860. |
Hanbury Clements. c. 1880's |
As the law enforcement authorities tirelessly pursued the bushranger gang in attempting to seek their whereabouts. Hanbury Clements penned a detailed account of the harrowing ordeal and its aftermath. His letter, intended for an acquaintance in Bathurst, recounted the terrifying events with striking detail and conveyed the gravity of the situation. Amidst the chilling recount, Clements made sure to highlight Sgt Condell's extraordinary composure during the attack.
Clements noted in his letter how the road had been blocked by three strategically positioned bullock teams, making their escape impossible. He made a specific mention of the bushranger Frank Gardiner, who was the only member of the gang not disguised during the incident.
In no time at all, the astonishing news of the robbery rippled through the colony, sparking a fervour of reactions. Inspector Pottinger, leading a team of vigilant settlers, was quick to mobilise a response. After assessing the condition of the escort troopers and managing to upright the toppled coach, the Inspector and his team wasted no time in beginning their pursuit.
With the aid of aboriginal black trackers, they carefully examined the scene of the robbery. Noticing the distinct trail left behind by the bandits, they put the highly skilled trackers on the scent. This marked the beginning of their relentless hunt, a quest to bring the audacious criminals to justice.
After running down the creek about six miles, the tracks passed through the fence, which had been cut with a cold chisel - across the Eugowra road, and in a straight direction for Forbes. The robbers had then gradually wheeled back, recrossed the road and made for the river, over which they passed into Newell's paddock at Waugan, where they tied up their horses under a bank, and partook of a meal of half-cooked meat, the remains of which and some torn envelopes were found scattered about. Judging by appearances, the pursuing party arrived at the conclusion that the robbers had divided at this spot. For some time considerable difficulty was experienced in taking up the tracks from this paddock, the traffic throughout having been so great! Eventually, they were found-sometimes on the ground, but generally, through the bush, the track pursued being across the Wowingragong plains to within five miles of Fenn's Hotel, where it became so dark that, after tracking a mile on foot, the spot was marked by rearing up a log of wood against a tree in a patch of dead myall.³⁴
View from Gardiner's camp Wheogo Hill. Weddin Mountains in the foreground. Courtesy Peter C Smith. |
Nestled on the boundaries of Ben Hall's station and the Walsh family's Wheogo station - the family of Gardiner's love, Kitty Brown - sat Wheogo Hill. It was here that the gang regrouped after their audacious robbery, dividing their spoils under the safety of the hill's summit. The young Johnny 'Warrigal' Walsh joined them, dutifully running errands over the next few days providing the victuals necessary for the survival of the Eugowra marauders. Their loot was indeed a hefty haul, consisting of 2700 oz. of gold, amounting to over 7 million dollars in today's value, and £3,700 in Oriental Bank notes, an equivalent of $310,000 in today's terms.
Once the proceeds had been distributed into eight equal shares, Ben Hall, Jack O'Meally, Manns, and Bow took their leave. John Gilbert remained at the camp with his 22 lbs of gold and £460 in notes safely tucked away in his saddlebag. Gardiner, Fordyce, and Charters moved their gold onto one of the bags hanging from the pack-horse taken from the coach.
However, additional storage was needed, and Charters was supposedly sent to Hall's home for extra saddlebags. Upon reaching Hall's yard, Charters found himself unexpectedly confronted by Sgt Sanderson. Reacting swiftly, Charters bolted back to the hill, alerting the others with cries of "Look out the traps are upon us."
In the ensuing panic, Gardiner, accompanied by Charters and Johnny Walsh, grabbed the pack-horses' reins and fled 20 miles southeasterly towards the dense Weddin Mountains. Gilbert hastily mounted his horse, abandoning his partner and leader, an act that would spell the end of their camaraderie.
Hot on their trail, Sanderson used the black tracker Hastings to follow reputedly Charters to the summit. After a swift survey of the villains' camp, Sanderson resumed his relentless pursuit of the bushrangers.
However, the role of young Johnny Walsh during the events after the robbery at Wheogo Hill has often been overlooked. Known as 'The Warrigal,' Walsh served as the critical link in providing sustenance to the men as they split the robbery proceeds. Therefore without doubt Walsh, not Gilbert or Charters, was sent by Gardiner to collect saddlebags from Hall's. As a less suspicious figure of a boy, Walsh would not have raised alarm. This is supported by the fact that Maguire, who had a bone to pick with Charters over an alleged affair with his wife during the 1863 escort trial, was quick to name Charters. Lagging him historically as the rider. Once Sanderson reached the abandoned camp, he noted the supply chain established by Warrigal. Stated:
Every man for himself.
For the first time in his criminal escapades, Gardiner succumbed to panic, making a grave error in his haste. With the relentless police pursuit in mind, he felt the weight of the pack-horse was hampering their escape. In a moment of extreme pressure, Gardiner made the fateful decision to abandon the reins of the pack-horse, leaving his share, along with those of Charters and Fordyce, on the horse's back. He urged his companions, shouting:
"Go your own roads, and look after yourselves."
His command was heeded immediately, his partners scattering in various directions, each one attempting to secure their own safety.
The famous photo of Francis Christie and another believed to be John Gilbert possibly taken at Forbes in 1861/2 at Mrs Ryan's Photographic Studio. |
Map of Gardiner's retreat from Eugowra sketched by Police 1862. The map on the right re-drawn by Mr Edgar Penzig. Courtesy Penzig. |
Despite the pressure and chaos of the escape from Wheogo Hill, it later became clear that Gardiner may have misjudged the situation. In the heat of the moment, he failed to realise that his pursuer, Sanderson, was still a significant distance behind them. They had, in fact, more time to escape than Gardiner had initially assumed, even with the burden of the pack-horse slowing their flight.
As such, Gardiner may have been able to retain the remaining gold had he remained calm and composed. A letter published in the 'Examiner' on Tuesday, 1st July 1862, revealed how far Sanderson was from the fleeing bushrangers at the time. This account also made it clear that the district was well aware that Gardiner was the mastermind behind the entire operation. The situation served as a testament to the importance of keeping one's nerve under pressure and highlighted Gardiner's critical misstep.
The reward offered is good, but should have been £200 each for the first four robbers taken. There is a feeling here that the Government is decidedly liable for the loss on account of want of proper precaution. If properly managed by Pottinger, who is still out, I firmly believe all the gold will be got. It is most amusing to us to see by the Sydney papers that an impression prevailed that Gardner was not concerned in the robbery.³⁷
CENTRAL CRIMINAL COURT WEDNESDAY
For Charters and Fordyce, their involvement in the audacious gold heist turned out to be a fruitless endeavour. When the authorities recovered the pack-horse and the gold it carried, Gardiner only offered Charters a paltry £50 as compensation. Fordyce, on the other hand, received nothing. In Gardiner's eyes, Fordyce's failure to discharge his weapon during the ambush of the gold coach and his drunken state rendered him undeserving of any share in the loot. In his fury, upon his return to Wheogo Hill, Gardiner threatened to “cut his rations bloody short.”
Interestingly, the dramatic escort robbery turned out to be Gardiner's final act of bushranging. Just days after the daring robbery, conjecture arose suggesting this might be the case, and these predictions indeed turned out to be accurate. The sentiment was captured in a Lachlan Observer article published in June 1862. The incident served as a pivotal point in Gardiner's notorious bushranging career, marking the end of his time as a highwayman and signifying a significant shift in his trajectory.
In the aftermath of the audacious Escort robbery, Frank Gardiner found himself with an empty pocket despite the daring undertaking. With no share of the stolen bounty and the authorities on his tail, Gardiner, reputed for his elusive ways, promptly disappeared from New South Wales.
For weeks, his whereabouts were the subject of rampant speculation and whispered rumours. Some reports suggested he might have found refuge in Victoria, possibly in the bustling port city of Portland. Others insisted that South Australia was the more likely destination for the infamous bushranger.
However, during this period of relative quiet, some stories insinuated that Gardiner was laying low in the gold-rich town of Ballarat, biding his time until the heat subsided. The facts were elusive, much like Gardiner himself, a man known for his adeptness at disappearing into the shadows when the situation demanded it.
Then, after weeks of being off the radar, Gardiner resurfaced. His return was not in any of the speculated locales, but back in Wheogo, at the home of Catherine Brown. His return was as unexpected as his departure, adding another layer of mystique to the notorious bushranger. Gardiner's life, much like the man himself, remained a mystery wrapped in layers of myth and hearsay. It was a saga that was unfolding in real-time, in the dust and heat of the Australian bush, as unpredictable as the man who was living it: 'The Argus, Melbourne' 25th August 1862;
Frank Gardiner, a master of disguise and evasion, could have been anywhere during this time. Despite the numerous reports and rumours placing him in various locations, including Ballarat, it seems unlikely that he ever strayed far from Lachlan. Gardiner had a substantial number of supporters in this region, making it a relatively safe base for his operations. Additionally, he was deeply in love with Kitty, and it seems improbable that he would leave her side for six weeks or more, nor that she would accompany him on a dangerous journey south.
A report of Gardiner's arrest near Kilmore, which was the childhood home of his associate John Gilbert, further fuelled speculation about his whereabouts. Gilbert had recently escaped from Sir Frederick Pottinger in July 1862 near Temora, NSW, adding a layer of credibility to these rumours. However, this turned out to be a case of mistaken identity, merely adding to the mystery and confusion around Gardiner's movements.
Another possibility is that Gardiner travelled to Gippsland to stay with his brother Charles and his sister Robina. Yet, this remains speculation, as there is little definitive evidence to support this theory. The enigmatic nature of Gardiner's activities during this time even led some to suggest that he had fled Australia altogether, further adding to the myriad of theories and rumours surrounding this elusive figure. 'South Australian Weekly Chronicle' Saturday 30th August 1862;
Newspapers during this era were rife with speculations and sensationalised accounts of Gardiner's exploits and whereabouts, feeding into the public's fascination with this elusive outlaw. However, the authenticity of Gardiner's presence in the south has never been conclusively confirmed.
An inside source from Yass appeared to offer a different perspective, suggesting that Gardiner's apparent departure from Lachlan was nothing more than a cunning ruse. According to this theory, Gardiner may have been hiding in his old haunts in the Goulburn/Wheeo area, or even closer to Kitty's home. This tantalising possibility offered a thrilling twist in the tale for the public and kept them hooked on every development.
Even Sir Frederick Pottinger, a law enforcement officer tasked with capturing Gardiner, was drawn into this web of intrigue. Hoping against hope, he arrived at Kitty's home, aiming to at least capture, if not kill, his elusive target. This narrative, along with others like it, was widely disseminated in the 'Bell's Life in Sydney and Sporting Chronicle' on Saturday, 6th September 1862, further fanning the flames of public curiosity and interest in the enigmatic figure of Frank Gardiner.
Sir Frederick Pottinger. 1831-1865. |
Despite his limited successes, Sir Frederick Pottinger was unyielding in his commitment to enforcing law and order in the unruly western districts. His resolve to capture notorious bushrangers intensified, especially targeting those residing at stations notorious for their lawless behaviour and dubious transactions. His determination particularly escalated in his pursuit of Ben Hall, further fuelling his exasperation.
Many settlers, previously pinpointed on an earlier police map for their known or suspected affiliations with bushrangers or their status as protectors or harbourers, staunchly denied any knowledge of the enigmatic outlaw, Frank Gardiner. This added to the formidable cone of silence that stymied Pottinger's investigations.
Many settlers, previously identified on a police map for their known or suspected connections with bushrangers or as protectors and harbourers, adamantly denied any knowledge of the elusive outlaw, Frank Gardiner. This widespread denial contributed to the pervasive silence that thwarted Pottinger’s investigations.
Saturday, August 9, 1862, marked a potentially pivotal moment for Inspector Pottinger. Equipped with his insider information, he embarked on a covert mission from Forbes at dusk, bypassing the main road to maintain discretion. He arrived around ten o'clock at night after a gruelling thirty-mile trek through the bush. Setting up camp about two miles from Mrs. Brown's home, Pottinger and Inspector Sanderson moved on foot to survey the area, bristling with anticipation.
Mrs. Brown's house stood isolated, a lone structure in a small open space surrounded by thick scrub, near the main Wheogo homestead. Pottinger was convinced that 'The Darkie' would be arriving soon, drawn to Kitty by their clandestine romance. His men were positioned strategically, their nerves alight with tension as they waited in the dark.
And then, like a spectre under the cloak of midnight, Gardiner appeared. Casually riding his white charger towards Kitty's home, he remained oblivious to the danger lurking in the shadows. The tension skyrocketed as Kitty stepped outside to gather some wood, then retreated back into her home. Pottinger waited with bated breath, the adrenaline coiling tight within him.
"Gardiner's horse then began to rear and plunge." Sketch by Percy Lindsay. c. 1935. |
However, it was also stated that Gardiner was actually in bed with his paramour when the police surrounded Brown's house. A consensus formed soon after that concluded that it did seem strange that ten men, all fully armed, should let one man slip through their fingers, especially when he (Gardiner) was boxed up within four walls. There must have been gross mismanagement somewhere.
With fury coursing through him, Pottinger stormed into Kitty's home. After a tense interrogation of Kitty and her younger brother 'Warrigal', Pottinger arrested the young man.
Gardiner, caught off guard by the sudden cry piercing the night and the sharp click of the malfunctioning carbine, thrust his horse into the surrounding scrubland. Once they had reached a distance of about 500 yards from the scene of the encounter, Gardiner reined in his horse, pausing to steady his nerves and contemplate his next move. Lachlan Miner 12th August 1862;
The grand event of Sir Frederick's remarkable career was his memorable engagement with, and partial defeat of, the renowned Gardiner known, or to be known, in colonial history as the battle of Wheogo. Certain circumstances, which time and the recent capture of Gardiner may perhaps now fully explain, seem to point to the conclusion that between Sir F. and Gardiner a rival ship existed in the fields of love, as well as in those of war. The smiles of the fair Catherine appear to have been bestowed on the bold brigand in preference to the titled police officer. Animated by the most powerful motives, the desire at once to extinguish a detested rival, and in the character of a conquering hero to claim the prize of beauty, Sir F. concerted measures to circumvent Gardiner and succeeded to admiration. With a chosen band of horsemen, he surrounded the bower of Cleopatra.
Antony issues forth, conspicuously mounted on a white charger, as if in contempt of his antagonist.
Sir F. fires and misses. Gardiner effects a leisurely and orderly retreat, which Sir F. and his troops magnanimously refrain from disturbing. It is Shakespeare's fiction of Dogberry realised, as thus —
Dogberry— "You are to bid any man stand in the Queen's name."
Watch. — "How if he will not stand."
Dogberry — "Why then take no note of him, but thank God you are rid of a knave."
Now this is exactly what Sir F. did. Having "got rid" of a knave and a rival, he returned with the flush of victory on his brow, find took possession of the evacuated citadel, capturing the remainder of the garrison, consisting of a single boy of fourteen years of age.
Kitty's home Wheogo. c. 1920's. |
To compound matters, rumours of their departure abounded, whereby, soon after the confrontation at Kitty's, Gardiner was said to have taken passage on a ship the 'All Serene.' This was generally thought to have occurred during Gardiner's reputed disappearance from the Lachlan, June 62-August 62. Note the date. The 'All Serene' was recorded as sailing from Sydney for California on July the 16th 1862;
Note: The ship 'All Serene' reputed to have carried Gardiner off was lost at sea on March 2nd 1864, while carrying a cargo of lumber under the command of Captain M. Meyers, having departed Victoria, Vancouver's Island 29th of November, 1863, for Sydney. In a fierce storm lasting weeks, the ship sank, setting the crew and passengers adrift into the violent sea were; "on counting our number there were thirty-one left; the captain's wife and two children, the chief mate, cook, a boy, and two passengers were drowned."
Although Frank Gardiner was gone. The lack of sightings was treated in the press as if his disappearance had become a major corporation's CEO resignation.
Gardiner, Wheeo, 1862. |
Hours after the confrontation with Pottinger, Gardiner and Kitty Brown disappeared without a trace. Their first destination was Wheeo, Gardiner's old haunt during his days with Fogg and Piesley. Wheeo was home to many disreputable characters and was tucked away from prying eyes, with the nearest major town being Crookwell and the thinly populated Grabben Gullen nearby.
In the closing months of 1862, it was widely thought that Francis Christie, using the alias James Christie, secretly married Catherine Brown in Wheeo. This was confirmed by Kitty herself. During his time in Wheeo, Gardiner reconnected with old mates such as Ruggy Jim, Long Tom, and Topham. His presence in the area was frequently reported in the 'Empire' in October 1862.
In the same month of October 1862, great excitement was again generated when a report appeared of Gardiner's capture by none other than the 'Hero of Wheogo' Sgt Sanderson. 'Yass Courier' Oct 1862;
Queensland. Apis Creek.
Archibald Craig. 1835-1868. Never before published. Private Source. |
Apis Creek site of Craig and Christie's business. The marker was erected by the Rockhampton Historical Society in 1970. Courtesy Gary Hunn. |
Under the assumed name James Christie, Frank Gardiner swiftly cultivated a reputation for being respectable, polite, and helpful. His demeanour quickly endeared him to the local community, who regarded him as trustworthy. His companion, known as Mrs. Christie and often referred to as Kitty, was a petite and attractive woman in her mid-twenties. Her gracious hospitality towards miners and travellers marked her as an exception among the storekeepers and hoteliers of the time, who typically adhered to a 'money first, goods later' policy.
When it came time to license the Apis Creek Hotel, Mr Fitzsimmons objected, but Chief Constable Foran ultimately approved it. Consequently, Gardiner, now living as James Christie, officially became a respected business owner and a valued member of the Apis Creek community. Despite these significant transformations, his infamous past as a bushranger remained unknown to those around him. His seamless integration into this new lifestyle underscored his remarkable skill in deception and disguise. Commenting;
Operating under the alias James Christie, Gardiner kept a discreet profile during his time in Apis Creek, remaining inconspicuous despite dealing with considerable amounts of gold. He also altered his physical appearance significantly; he had put on weight and grown a full beard and whiskers, effectively disguising his well-known facial features.
His companion Catherine, known as Mrs Christie, was described as petite and attractive, with sandy blonde hair. Both of them were reserved in nature, keeping to themselves and maintaining a strictly professional relationship with the Craig's, their business partners.
It was a stark contrast to Gardiner's previous life as an infamous bushranger. Here in Apis Creek, he had become a trusted well respected businessman. His transformation was testament to his ability to adapt and reinvent himself. Nevertheless, the truth of his past loomed as a constant shadow, a secret waiting to be discovered, as Craig admitted under oath;
Oscar De Satge |
I gave him every encouragement and promised him he would get his license if the house was a good one. I made up my mind to stop there on my next trip down from Peak Downs (in Australia, especially Queensland, it is down to town, and not up), which I did, camping there sometime after with some fellow-travellers and many horses for two nights, when we were well taken care of by Christie and his partner, whom we found very decent fellows, the accommodation being superior to anything on that road, as the respective wives of Christie and his partner thoroughly understood how to make travellers comfortable. On another occasion when camping there, I remember giving into Christie's charge for the night a saddle-bag with a considerable sum in cheques and notes that I was about to pay into the Rockhampton Bank, which he kept quite safe for me.
Sale of Apis Creek horse. |
Interestingly, at the time of his capture, Gardiner was in possession of a fine black racehorse named 'Darky,' which had caught the attention of Oscar De Satge. Detective McGlone, one of the arresting officers, referred to the horse as 'Racer' and believed it to have been taken from a Mr. Peter Beveridge near Swan Hill, Victoria, although this was possibly a mistake. When canvassed Beveridge knew nothing of the horse. Records from April 1862 indicate that Gardiner was already known to ride a striking black racer. Regardless of its origins, this horse was eventually sold for £81 15s in 1864: 'Empire' Friday 11th April 1862;
Furthermore, in January of 1864, three months before Gardiner's arrest, a reporter for the 'Geelong Advertiser' trumped the police and made the sensational claim that Gardiner was indeed in Queensland. The reporter appeared to have a very credible source. Moreover, the article may also have been the catalyst for the police to finally act. Contrary to the various reports that Catherine's sister Bridget's lover James Taylor, the man Bridget Hall deserted Ben Hall for may have informed on their whereabouts via a note received from Kitty and sought the substantial reward is doubtful. The reputed letter sent that may have exposed their whereabouts is reputedly as follows;
Aphis Creek,
Rockhampton,
Queensland.
6 December 1863.
Dear Jim,
No doubt you will be surprised to receive a letter from me, Kate Brown, that was, now Mrs Christie. A friend is writing this for me. Frank told me not to write, but I want to know how things are on the Lachlan. How is my dear sister Bridget? Give her my love and say I am quite well. I hope my sister Helen and my brother Johnny and Step-Mar are all well, also old friends. Please don’t tell anybody you heard from me, only write me a few lines to Mrs Frank Christie, Aphis Creek. Frank and I are quite well. Hoping you are the same.
Kate Christie
In turn, another claim is that John Brown himself turned on the couple. Others claim a former digger from Lambing Flat recognised Gardiner or Catherine and went to Sydney seeking the reward.
The Christie's whereabouts had been full of mystery, rumour and innuendo for the past nineteen months, as attested to above. As such, the time had drifted by with no apparent hindrance as the happy couple adjusted to their new life of anonymity far from their previous home in NSW. However, the blissful hiatus would come to an abrupt end.
Frank Gardiner is got.
Dramatised Illustration of Gardiner's arrest at Apis Creek QLD, 1864. F. Cubitt. |
BALCLUTHA; Iron passenger steamship built by Caird & Co., Greenock Scotland. Lost with all hands in 1881. Courtesy State Library of Qld. |
Additional Reward. NSW Police Gazette 1865. |
ALLEGED FENIANISM IN THE POLICE- THE CASE OF DETECTIVE M'GLONE.- Ordered 1 by the Legislative Assembly to be printed, April, 1868. Return to an order made by the honorable the Legislative Assembly of New South Wales, dated 21st April, 1868, that there be laid upon the table of this House—"A statement of the charge of Fenianism or disloyalty made by a Minister of the Crown, on the information of Mr. Powell, of Berrima against detective M'Glone, on the 14th March, with copies of all letters and telegrams sent to, or received from Mr. Powell on the .-subject; also, a copy of Mr.Fosbery's letter to deceptive M'Glone, of March 16th charging him with attending a seditious meeting with M'Glone's reply thereto; also, copies of M'Glone's resignation of his office, and of his application on the, following day for permission to withdraw the same; with the reasons (if any) assigned by the head of the police for refusing the application."
The Inspector-General of Police to the
Principal Under Secretary. Police Department, Inspector-General's office, Sydney, 16th April, 1868. I attach Mr. Fosberry's report on the matters referred to above, and have only to add that I was cognizant, of the circumstances mentioned in Mr. Fosberry's letter at the time they occurred, and accepted M'Glone's resignation without hesitation, as I considered an officer who would desire to leave when there was so much pressing duty for the detectives to perform, was better out of the force than in it. M'Glone's application for re-appointment I also attach, but I have not felt justified in acceding to it for the present.
JOHN M'LERIE, I.G.P.
The Secretary, Police Department, to the Inspector-General of Police. Police Department, Inspector-General's Office, Sydney, 16th April, 1868.
Sir,—In compliance with your instructions, I do myself the honor to report upon the circumstances attending detective M'Glone's resignation, and the charges previously preferred against him; the matter having been attended to by me during your temporary absence from the office. No charge was ever made against detective M'GIone of Fenianism or disloyalty, by a Minister of the Crown, but I was informed personally by the hon. the Minister for Lands, on the I4th of March, that it had been mentioned to him that Mr. Powell, storekeeper, of Berrima, had heard Fenian expressions made use of at Shalvey's Hotel, detective M'GIone being present and taking no notice whatever of the same. Thereupon I sent the telegram annexed (marked A) to Mr. Powell, and received for a reply telegram marked B, to which I sent the answer C, the reply being D. This concluded the inquiry as regards Mr. Powell, and M'GIone was informed that the charge against him was unsustained; but at the same time I told him that Shalvey's or any public-house was no place for, a detective officer to lodge in, and he must remove forthwith. No letter was written by me "to detective M'GIone charging him with attending a seditious meeting." On the 16th of March, I wrote a memo. (E) calling upon M'GIone for a report in reference to some improper expressions attributed to him by another member of the force. M'Glone's report, denying the words imputed to him, I attach ' (F), upon receiving which, I sent for him and informed him personally that there was no witness who could be examined to prove or disprove the words imputed to him, and that I accepted his denial. He naturally expressed his indignation at having such charges brought against him, when I reminded him that his simple denial had been considered a sufficient refutation of the second charge, and that the other had been satisfactorily disproved; stating further, that he might be assured, should ever the Inspector-General or myself lose confidence in him, he would be openly informed, and not be condemned unheard. He expressed his gratitude And complete satisfaction at the opinion I gave, And added that, his character having been thus cleared, he intended to leave the force. I advised him to consider well before taking the step, reminding him that nothing which had transpired should urge him to such a course ; he, however, wrote out his resignation which you, Sir, accepted on the 16th.
Edmund Fosberry, Secretary and Superindendant of Police.
George Wells' Police number was 1349, retired in 1903 after a distinguished career on a pension of 8 shillings a day. At the time of writing Well's resided at 'Ferndale,' Main Arm, Mullumbimby (N.S.W.), Wells held an Imperial Medal.
I shall now confine my report to the simple facts of the arrest at Appis Creek, where Gardiner, under the name of Frank Christie, was carrying on the business of store keeping and was associated with a man named Craig; who attended to a public house, both store and pub, being under one roof of bark and slab, evidently erected hurriedly dining the 'rush' at the Peak diggings, to which place numbers of miners on that road travelled from Rockhampton. Early in February 1864, the late Capt. McLerie organised our party, consisting of Daniel McGlone, James Pye, and myself, McGlone being in charge. We left Sydney by steamer for Rockhampton, which was then in a state of flood. Upon our arrival there, we found it impossible to proceed on foot as diggers (the character we had assumed) for weeks: Meantime we obtained a pack-horse, tent, and necessary supplies, and when the Fitzroy River was crossable we started out; not, however without some unpleasantness for McGlone, who refused to divulge to us the object of our expedition, until Pye and I refused to cross the river unless he did so. Seeing our determination, he produced a photo of Gardiner, and said he had certain information that he was supposed to be in the direction, of the Peak Downs; and that we were to arrest him if possible, but not without his (McGlone's) instructions. We then proceeded with a pack-horse as diggers, via Yaamba, and after a week's journey, we arrived at Appis Creek and pitched our tents about 6 p.m. at a spot from which we could see the store and public house before described, which was about 700 yards distant from our camp, on the opposite side.
We three then had a conversation as to what should be done, in the event of Gardiner being located there to secure his arrest. McGlone suggested that Pye and I should go to the store and purchase some goods, leaving some of them to be called for next morning, meantime to note particulars of the buildings and all persons there, if possible avoiding any suspicion. McGlone to remain at the tent and pretend to be suffering badly from dysentery. About 7:30 p.m.that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie.
When we had purchased a few things, Pye asked for 1-cwt. of flour; this she could not supply herself, and she then called "Frank," who had not made his appearance up to then, but who doubtless had been listening to us and watching from his bedroom, from which a door opened to the back of the counter in the store. After a minute or more he made his appearance at the door where he stood for a short time speaking to us, inquiring where we came from etc. We told him that we were delayed on the road from Rockhampton owing to our mate being very bad with dysentery, that he was unable to travel, and was then lying in our tent. Gardiner then quite coolly supplied the flour, which we arranged to call for in the morning. Pye paid for the goods and asked if we could get some sago and burnt, brandy for our mate in the tent. Gardiner at once asked Mrs. Brown to make the sago, and invited us to come into the bar to have a drink, after which, Mrs. Brown brought in the sago warm.
While talking at the bar about different diggings we had been on Gardiner very kindly burnt some brandy and put it into the sago for our mate. All this time Gardiner stood under a lamp with a shade that was hanging over the bar, which threw the light on his face, upon which could be seen the distinct marks on his forehead that had been caused by the whip used by Sergeant Middleton, at Fogg's, when he and Constable Hosie arrested Gardiner after a great struggle, and when Peisley his confederate, rescued him from Hosie's custody. After chatting with Gardiner for some considerable time, and satisfying ourselves that he was the man we wanted, we thanked him and said we would call for our goods next morning, and then went back to the tent and reported progress to McGlone.
After explaining the situation of the place, etc. as above stated, and also that we had seen two rifles, which we afterwards found to be loaded, standing underneath the lower shelves of the store behind the counter, close to where Gardiner would approach from his bedroom to the store, McGlone immediately said that if Gardiner was behind the counter of the store when we called in the morning for our flour, etc., we were not to attempt to arrest him until some more favourable opportunity offered and to pass on as diggers to the Peak Downs. These instructions, of course, caused Pye and myself to rebel and made matters unpleasant. We two then retired to the side of the creek to decide what should be done in the morning. Pye said to me "What are you going to do?- I'm not going a foot further if we don't intend to arrest when we have the chance, as it may leak out that detectives from New South Wales are about here and our game will be a failure."
I quite agreed with Pye; adding that we would only return disgraced if after seeing Gardiner, we were afraid to arrest him. Pye then said: "Very well, you and I for it; if Gardiner is behind the counter when we go into the store to get our goods, one of us, the neatest to him, will seize him fast, and the other handcuff him and tie his legs; and, look out for sharpshooters." There were four other men on the premises.
We returned to the tent, but said nothing to McGlone as to our decision in the morning, only that we would strike camp early, and have the horse packed by sunrise to start. Meantime it was arranged that McGlone would secure the assistance of Lieut. Brown, with his native police, they being in the locality, to be at the hotel and store in the morning, in the event of an arrest being made to assist in escorting the prisoner to Rockhampton. This being arranged we left the camp next morning at sunrise for the store, Pye leading the pack horse and I close behind him, both of us being armed with repeater revolvers.
When we crossed Appis Creek and were approaching the store, we saw two men splitting shingles about fifty yards from the store, on the opposite side of the road and Gardiner standing talking to them. Pye, in a low tone of voice, said to me: "Look out; let us cut him off the store," for Gardiner was walking toward the store to meet us. Pye led the pack horse close to the store door, and I seeing a kangaroo dog lying on the ground on Gardiner's path to the store, said: "Good morning," and pointing to the dog added, "that is a fine dog," at the same time calling Pye's attention to it. That was the office for arrest. Gardiner was then about five yards from the store door, and Pye stepped back towards him: I instantly put my revolver to Gardiner's face, calling upon him to stand, upon which he was taken so much by surprise that he stepped back towards Pye, who quickly threw his arm around Gardiner's neck, and put his knee to his back, and in a moment the ex-bushranger was on his back. I then snapped the handcuffs on to him and tied his legs with a piece of rope that I had prepared in my loose shirt. Meantime the two men that were splitting ran across to Gardiner's assistance. Craig also rushed from his hotel door with Mrs, Brown, who was making towards the store screaming. But being covered with our revolvers, and being told that we were police, they all stood back.
McGlone, who had stayed back until then, rushed up in a most excited state and, falling down upon Gardiner, placed a second pair of handcuffs upon him. Lieut. Brown, with his black police, then appeared on the scene, and the latter were off their horses instantly and surrounded the place to prevent escape.
Lieut. Brown, seeing McGlone in such a state of excitement, walked over to where Gardiner was sitting on the ground and asked Pye if McGlone had been drinking; and when told that he did not drink, Lieut. Brown remarked: "If he don't drink, he must be mad, for I never saw any man so excited without some cause."
After Gardiner had sat up, he asked for a drink of water and begged to have the handcuffs taken off. This being refused, he commenced pleading his innocence to the charges he was arrested upon. However, it was arranged to remove him to Mr. McKeller's (McLennan's) station, about two miles distant, with four others— Craig, the two splitters and the man cook— who were arrested on suspicion. The whole of the prisoners were then marched to Mr. McKellar s station, where they were placed in room, under my charge, Gardiner being secured in a room separately.
I had four black police to assist in guarding them that night, until Lieut. Brown, McGlone and Pye returned from the store and hotel, after taking an inventory of all property, gold, money, etc., found on the premises.
Next day the prisoners were escorted to Yaamba and thence to Rockhampton. Mrs. Brown accompanied the escort, and showed great courage in swimming her horse over the Yaamba River, which was flooded at that time; and she followed us from Rockhampton to Brisbane, thence to Sydney, trying at every opportunity to bribe me and others with money to get Gardiner's liberty before reaching Sydney. She nearly succeeded in securing his escape at Brisbane owing to McGlone's blunder in not taking Gardiner direct to Sydney from Rockhampton from which town he was remanded.
George Wells Record of Police Employment joined 29th October 1863. Australia, New South Wales, Registers of Police Employment, 1847-1885 |
Roderick McLennan c. 1880's. Courtesy NLA. |
All were marched to Mr M'Lennan's station in pounding rain. Gardiner was placed on the lead horse, handcuffed, his ankles tied under the horse. He rode along quietly and easily, as if free. The black boys rode alongside with their carbines ready. The NSW troopers in front, while McGlone and Mrs Brown brought up the rear. McGlone was noted:
An axe grindstone of the type at Gardiner's store, c. 1864 |
Reputed to be the remains of 2nd Fogg's hut. c. 1930's. |
Rockhampton c. 1900 |
The full text of the examination of Frank Gardiner, Archibald Craig and Catherine can be accessed via the link attached;
ROCKHAMPTON
As Gardiner was held in Gaol, Catherine would make every effort to hinder McGlone, even attempting to procure a horse and avenue for escape.
Craig's death certificate. B.D.M. |
Tragically, Craig succumbed to a fever in 1868 while constructing a new hotel located eight miles from the one he formerly operated with Gardiner. During this period, Catherine Christie, formerly known as Mrs. Brown, faced charges of assisting and concealing the fugitive Francis Christie, also known as Gardiner. The case primarily rested on the testimony of Constable Canning and Detective M'Glone, the latter of whom produced a portrait of Catherine that had been used to confirm her identity, though it was subsequently lost.
Artist's impression of Catherine Brown during Gardiner's 1864 trial. Courtesy NLA. |
At the time of her arrest at the Rockhampton lock-up, Catherine chose to give her maiden name, Catherine Walsh. Detective McGlone, familiar with her family and other relatives who bore the Walsh surname, affirmed with certainty that the arrested woman was indeed Mrs. Brown, who had departed from the Lachlan region some time before, coinciding with reports of Gardiner's departure from the area.
During her court examination by the prosecutor, Mr. Dick, Catherine Brown recounted her journey to Queensland, providing details of her movements since leaving Lachlan. This testimony was part of the broader efforts to establish her identity and connection to the notorious Gardiner. Kitty stated;
East St, Rockhampton looking South. c. 1866 |
By the Bench: He knew of no charge against her in Sydney, nor of any warrant having been issued for her apprehension; he did not arrest her at Apis Creek, but she accompanied Gardiner and the other prisoner down to Rockhampton; he arrested her that morning. This case lasted a considerable time, and it was nearly six o'clock when the Bench, after a long deliberation in the magistrates' private room, decided to discharge the prisoner from custody. Mr. Bellas applied to the Bench for an order permitting him to visit his client (Gardiner) in the lock-up. Mr. Dick opposed the application, which the Bench refused. The Court rose at ten minutes past six, when the prisoner, Christie alias Gardiner, was removed under a strong guard to the lock-up, followed by a large crowd of persons.⁴⁹
List of Gardiner's property at Apis Creek 1864. NSW Police Gazette. |
From Rockhampton, Gardiner was transported to Brisbane by steamer, and Detective McGlone cabled a jubilant Captain M'Lerie; The following telegram was received by the Inspector-General of Police from detective McGlone: — "Brisbane, March 13th."—
Richards mentioned above was also known by the moniker 'Double Dummy,' had some knowledge of the 1862 Eugowra hold-up as a mate of John Maguire's and served as a crucial witness alongside Charters in the February 1863 Escort trials in Sydney's central court. Unlike Charters, who received £150 for his testimony, Richards did not receive any portion of the Escort reward money. He had previously worked in the butcher business with Fogg and Gardiner at Lambing Flat. He then became self-employed as a soda maker.
Port Of Brisbane c. 1860/70's |
As a result, McGlone would not be caught out again as had been reported in ‘The Sydney Morning Herald’, Monday 21st September 1863;
On Saturday, the police-magistrate took the evidence at the watch-house of the D division, Darlinghurst, in the presence of Francis Christie alias Gardiner alias Clarke. The prisoner was then remanded for one week (until next Saturday) and removed to Darlinghurst gaol. During the proceedings, and indeed since his arrest; Gardiner has conducted himself with the greatest propriety. There is an absence of anything like bravado in his deportment, which is rather remarkable in a man of his character.
Trial of the century!
Again, they state that Mr Hewett was thirty yards in the rear of the cart, whereas, on the contrary, he was thirty yards in advance of the cart. Again, it was I who told them to bail up, using no other words nor threats, and at the same time, Mr Hewett received a similar order from the four men. While I was directing Mr. Horsington where to turn off into the bush, a shot went off from one of the four men, caused through the restlessness of his horse. I at the time was within two or three yards of Mr. Horsington and his wife I immediately turned round and asked, who fired that shot? McGuiness made an answer and said "I did, but it was purely accidental," upon which I replied, that as soon as he had his share of the spoil that he should leave the party, which he did that night. The man McGuiness, who was thirty yards away from me, amongst the rest of the party, distinctly heard my question, as to who fired. I also heard his reply, and yet Mr Horsington, his wife, and boy, who are only a yard or so from me, positively swear that they heard nothing of this conversation.
Again, on a former occasion, Mr, Horsington, his wife, the boy, and Mr Hewett positively swear as to the identity of the man Downey, as to his being of the party, now, I sincerely and solemnly assert that this man was not of my party on this or any other occasion. While Downey was in custody for the alleged offence, I wrote to the Burrangong Miner, acknowledging that I was the man and that he was perfectly innocent.
Again, Mr Horsington and his party assert that the robbery took place on the 10th of March, while it really did not take place until some five or six weeks afterwards so that if I had been inclined to stand my trial, I might have been enabled to prove an alibi, this, as your Honour will see, is not written with a view to escape punishment, for, on the contrary, it incriminates myself, but as there are only two left of the party-myself and another man, who is at present undergoing a sentence of fifteen years (John Davis)-I feel that in writing this I am in injuring no one except myself, and my only desire has been to point out the inconsistency of the evidence on the part of the various witnesses, so that, had I not pleaded guilty to this charge, I might probably have escaped; so contradictory is their evidence, that a verdict in my favour might have been the result.
If I may be permitted in praying for a merciful consideration of my case, I beg to say that it is not alone on the above grounds that I do so, for during the last two years I have seen the errors of my way, and have endeavoured, with God's assistance, to lead an honest and upright life, for I have even during this time had temptations, and those great ones, for I was on one occasion entrusted for some time with the first Escort of gold that arrived from the Peak Downs, consisting of 700 ounces, again, Mr Manton, whom I beg to refer to, a gentleman connected with the copper mills, entrusted to my care 264 ounces of gold, and, lastly, Mr Veal did the same with 200 ounces;- yet the honest resolutions I had formed were sufficiently strong to prevent me doing a dishonest action on either of these opportunities. And I do trust your Honour will do me the justice to believe that these were not isolated cases, or that I would have ever again have fallen into those practices which I have felt for a long time past in my breast to be a stain against God and man.
And now, your Honour, as we must sit on the last and great day of judgement throw ourselves upon the mercy of the great Judge of all our actions, so do I now throw myself upon your mercy as my earthly judge and pray for a lenient and merciful consideration of my case.
I am, your Honour, your humble servant,
FRANCIS CHRISTIE⁵⁴
Courtroom scene depicting Gardiner's 1864 trial. |
32 years.
The noose of the rope, instead of passing rightly round the neck, slipped completely away, the knot coming round in front of the face, while the whole weight of the criminal's body was sustained by the thick muscles of the poll. The rope, in short, went round the middle of the head, and the work of the hangman proved a most terrible bungle.
The sufferings and struggles of the wretched being were heartrending to behold. His body swayed about, and writhed, evidently in the most intense agony.
The arms repeatedly rose and fell, and finally, with one of his hands the unfortunate man gripped the rope as if to tear the pressure from his head —a loud guttural noise the meanwhile proceeding from his throat and lungs, while blood gushed from his nostrils, and stained the cap -with which his face was covered. This awful scene lasted for more than ten minutes when stillness ensued, and it was hoped the death had terminated the culprit's sufferings.
Shocking to relate, however, the vital spark was not yet extinguished, and to the horror of all present, the convulsive writhing's were renewed the tenacity to life being remarkable, and a repetition of the sickening scene was only at last terminated at the instance of Dr West, by the aid of four confines, who were made to hold the dying malefactor up in their arms while the executioner re-adjusted the rope, when the body was let fall with a jerk, and another minute sufficed to end the agonies of death.
Sir Hercules Robinson (1824-1897) |
Ben Hall left - John Vane right. |
He focused on productive endeavours as Gardiner faced the reality of his extended imprisonment at Darlinghurst and the unlikely prospect of escape. Choosing to keep a low profile, he dedicated himself to honing his skills and largely kept to himself. Over time, this behaviour earned him recognition within the prison system; he came to be known as the "white-headed boy" of Darlinghurst.
Throughout his time behind bars, Gardiner managed to sustain connections with his family, which became particularly evident during special occasions like birthdays and Christmas. During these times, Frank received thoughtful packages from his sisters, filled with essential items, mainly food. This ongoing support from his siblings was a poignant reminder of the enduring bonds of family love, bringing comfort and a touch of humanity to his otherwise bleak surroundings. These connections served as Gardiner’s crucial lifeline to the outside world, continually reminding him of the warmth and affection that awaited him outside the prison walls.
As Gardiner languished within the grim walls of Darlinghurst prison, his infamous outlaw legacy continued to captivate the public's imagination. Nonetheless, Gardiner himself seldom shared tales of his bushranging days. John Vane, a fellow bushranger, mentioned that Gardiner kept track of the fate of Ben Hall, a former ally, while he was in Queensland. By May 1865, all of Gardiner's early associates had met violent deaths: John O'Meally was killed in 1863, a NSW police firing squad fatally shot Ben Hall, John Gilbert died during an ambush at Binalong, and Micky Burke was also killed in 1863. These tragic ends prompt reflections on how their lives might have differed in other circumstances or without Gardiner's influence.
In the meantime, Gardiner's notorious past drew a steady flow of visitors, ranging from politicians and influential personalities to celebrities. Yet, many left their meetings with Gardiner disenchanted, confronted by the stark reality of the man before them. The romanticised image of the 'Knight of the Road' — the bold, elusive outlaw riding across the landscape — sharply contrasted with the sobering sight of Gardiner in the early stages of his imprisonment, a stark reminder of the harsh truths behind the legend.
One such visitor, Clarence Paget Bayly, was particularly taken aback by the drastic transformation who wrote in the 'Truth' June 1911;
While serving his sentence, Gardiner's notoriety attracted several high-profile visitors to his cell, including Sir Henry Parkes, a pivotal figure in Australia's path to Federation and a keen observer of the Gardiner case. Parkes visited the imprisoned bushranger at Darlinghurst Gaol, where he found himself impressed by Gardiner's composed character and demeanour.
Tragically, in 1868, Catherine, the woman Gardiner deeply loved, committed suicide. The impact of Catherine’s death on Gardiner is not recorded, but it was around this time that he acquired two new tattoos: a depiction of Cupid on his right upper arm and a heart encircled by a wreath of roses on his left upper arm. These tattoos were likely a heartfelt homage to Catherine as a sign of his profound sorrow over her loss.
Reports following Catherine's death suggested that Gardiner appeared noticeably aged, a sign of the deep emotional impact the event had on him. Despite the passage of time and the weight of personal loss, Gardiner’s sisters continued their determined campaign to secure his freedom, demonstrating steadfast support for their brother.
Their tireless advocacy kept hope alive within the walls of Darlinghurst Gaol. Vane stated;Archina Christie 1832 -1892. Private Source. |
In 1874, Gardiner's influential supporters made a concerted effort to secure his release, organising a substantial petition that was presented to Governor Sir Hercules Robinson, later known as Lord Rosemead. Spearheaded by Colonial Secretary Sir Henry Parkes, the petition garnered signatures from a distinguished group, including Ministers of the Crown, parliamentarians, magistrates, lawyers, doctors, merchants, and other prominent figures.
Leading the charge were Gardiner's sisters, particularly the resolute Archina. Despite the passage of years and formidable challenges, they never lost faith in their brother's entitlement to freedom. Their relentless advocacy, coupled with the notable names on the petition, thrust Gardiner's case back into the spotlight of the colonial administration's priorities. (The petitions can be read at the bottom of the page.)
Francis Christie alias Frank Gardiner Darlinghurst Gaol entry record. Note: Born in Colony is incorrect. |
Darlinghurst Gaol from Burton Street 1870. |
Sir Henry Parkes. (1815-1896) |
The vote on Gardiner's release was intensely close, culminating in a tie with twenty-six votes in favor and twenty-six against. The deciding vote was cast by the Speaker, The Hon. William Munning Arnold, who supported the Governor's decision to release Gardiner. Consequently, Gardiner was freed under the condition of mandatory exile from Australia, barred from returning until his full sentence was served. His initial deportation was planned for China, followed by a move to California.
This case became a landmark in resolving a significant constitutional question concerning the extent of the Governor's authority. Prior ambiguity existed about whether the Governor should use his prerogative of mercy based on personal judgement or follow the advice of his Ministers. Sir Hercules Robinson, interpreting the Royal instructions, concluded that he was to act independently as the Crown's representative.
In his communication to the Colonial Secretary, Governor Robinson outlined the predicament of operating within a colony with a responsible government, where he was expected to act independently of his advisers. This issue was clarified by the Imperial Government in England, which directed that in future instances, the Governor should adhere to the advice of his Ministers in sentence remission petitions. (For an overview of the government position on Gardiner see Source Page: Fifty Years in the making, by Sir Henry Parkes.)
William Arnold. Speaker of the House. (1819-1875) |
Released - Deportation.
Expulsion was not a novel practice; many ex-convicts were deported from the country, allowed to return only after completing their sentences. After serving ten years, Gardiner was released on the condition that he leave Australia and remain abroad until his full sentence expired in 1896, when he would be 67 years old.
There was speculation that Gardiner might choose to resettle in nearby locations such as New Caledonia or Fiji, which were just a week’s sail away from his siblings. However, he was barred from settling in any of the colonies, including New Zealand and Hong Kong. Despite rumours that New Caledonia was designated as Gardiner’s final refuge, these proved to be unfounded. His exile was mandated under the seldom-used Act of Parliament 1847 no 34 - 11 - Vic 4th clause.
Gardiner's departure from Australia was facilitated by the 'Charlotte Andrews', a coal barque that regularly travelled between China and Newcastle. His transfer from Sydney to Newcastle was carried out on the 'Lady Young', a paddle steamer owned by William Hill. An eyewitness aboard the 'Lady Young' documented Gardiner’s boarding as the vessel anchored off Pinchcut Island (now known as Fort Denison).
On July 20, 1874, I was a passenger to Newcastle by the steamer Lady Young, of which my old friend Royal was then chief officer. Off Pinchcut the steamer lay to, and Mr. Royal informed me that, they were waiting for a distinguished passenger, no less a personage than Frank Gardiner, alias Christie, the notorious bushranger and escort robber. He came on board at 11.30, accompanied by Detective Elliott. They immediately disappeared in the fore cabin and were seen no more that night. Gardiner remained in the Newcastle lockup for two or three days, until the Charlotte Andrews was ready for sea. He loudly protested against being kept in custody, as he considered himself free once beyond the walls of Darlinghurst. Crowds waited outside the lockup to catch a sight of the noted prisoner, and when, the hour for his departure arrived, the crowd, in Hunter-street opposite the lockup was so great that it was found impossible, to remove the exile. A ruse had to be employed.- A man the size of Gardiner, and similarly dressed, was taken between two police men, carefully handcuffed, down Bolton-street to the wharf, the immense crowd excitedly following. When the street was clear Inspector Thorpe, and Detective Elliott with Gardiner between them and a couple of water policemen bringing up the rear emerged from the lockup and went in the direction of Nobbys, near which a boat was awaiting to take Gardiner, onboard the ship which was ready to sail. ⁵⁷
A short time later, it was reported that;
Vessels damaged at Yau Ma Tei opposite Stonecutters Island Hong Kong Sept 1874. Photo Lai Fong (1874) |
Great Republic. Passenger-cargo sidewheel steamship. San Francisco–China |
Even though Gardiner was far removed from Australian shores, the New South Wales police never ceased their vigilance. Their watchful eyes continued to monitor his movements, keeping a close tab on him. 'The Burrowa News' Saturday 20th February 1875;
California.
Dramatised Illustration of Catherine, on hearing of no visits to her Frank. Courtesy NLA. |
Bridget Hall, c. 1919. Private Source. Never before published. |
Two or three days after this decision had been given, I was informed at my office that a Mrs Hyam wished to see me, and I told the messenger to show her in. Mrs Hyam, who said she was Gardiner's sister, had a very respectable appearance, and so had her companion, a young woman whom accompanied her. Mrs Hyam's said she had come to make a request to me that Mrs Brown, who, she said, was a resident in her house, and had been living in her house since Gardiner's conviction, might be permitted to see that prisoner. As this person had all the appearance of being a respectable woman, and so I felt that commiseration for her which anyone, must feel who has a relative in the positions of Gardiner. I spoke calmly to her and represented the impossibility of the Governor granting the petition. She, at last, appealed strongly that the person should be allowed to see Gardiner at least once. I came to no decision, and these persons, one of whom was said to be Mrs Brown, but to whom I never spoke, my conversation being entirely with Gardiner's sister, went away.
I consulted with another member of the Government, made inquiries of the police as to the character of Mrs Hyam, and was assured by Captain M'Lerie, the Inspector-General, that she was a respectable married woman. I made further inquiries, which satisfied me that this person, Mrs Brown, appeared to be permanently separated from her husband and that she had lived since the conviction of Gardiner, in the house of this person who was represented to me as a respectable married woman. After making these queries, I gave this special order to the principal gaoler at Darlinghurst: --"You will allow the bearer, Catherine Brown, to see Francis Gardiner, alias Clarke, now under sentence in Darlinghurst prison. This order, however, is available for this day only, and must not be allowed to alter or modify, in any respect further the instructions from this office on the 2nd instant. (Signed) H. Parkes.⁶⁰
Letter sent from Sheriffs Office 1864 to Col Sec on prohibiting Kitty's visitations. New South Wales, Australia, Sheriff's Papers, 1829-1879 |
Seeking a new beginning, Catherine and Richard relocated to New Zealand. They settled at the Tappue Gold Diggings near Auckland on the Thames River. Their life together, however, was plagued by listlessness and domestic abuse. On January 14, 1868, overwhelmed by her emotional distress and Richard’s mistreatment, Catherine ended her life by shooting herself.
Catherine lingered briefly in severe pain before succumbing to her injuries. The impact of her death on Frank Gardiner remains unclear to this day. Nevertheless, it is speculated that the trauma of Catherine’s demise influenced Gardiner to get new tattoos, as noted in his release documents.
Catherine's death. New Zealand Herald 1st February 1868. |
Brown of Wheogo—lived in a square tent, about 14ft by 12ft, very nicely arranged, and differing much from the ordinary run of tents to be found on a goldfield. The pair did not agree well, Taylor apparently always quarrelling with his wife; About 5 o'clock one morning the little camp on Tapu Creek was startled from its sweet repose by the report of a pistol shot from Brown's tent. Mr Turner and his brother rushed to see the cause.
Outside the little reed fence surrounding the tent-Taylor was grovelling on the ground, tearing up the grass with his hands, at the same time crying out, "I have shot my wife! I've murdered her! hang me; lynch me!" and many other such expressions. In the door of the tent Mrs Brown was lying (on the ground) face downwards, apparently dead, a large quantity of blood was running from her mouth, and a small revolver was on the ground alongside of her.
A number of diggers and others soon appeared upon the scene, among them Mr Bailey, the warden of the goldfields, who happened to be at Tapu Creek at the time. On raising Mrs Brown, the unfortunate woman was still living, a stimulant was poured down her throat, which revived her sufficiently to enable her to state what had occurred. Her tongue was so injured that she was unable to speak so as to be heard. Mr Bailey obtained a slate and then asked questions. Having written the question, the warden would put his ear to the woman's mouth and could just distinguish her answer, the reply being at once written on the slate. She said that Taylor had made her life miserable and a burden to her, and had so constantly ill-used her that she determined to end her misery by suicide.
On that particular morning, Taylor had been more than usually brutal, so she got hold of the revolver—a gift from Frank Gardiner—and fired it into her mouth. All the time the wretched woman was explaining the circumstances Taylor was outside, raving and behaving like a maniac, and as soon as Mrs Brown's confession was made known, Taylor received a gentle hint to clear out, and he lost no time in doing so. What became of him Mr Turner knows not, as he never saw him afterwards. Mrs Brown was taken to the Coromandel Hospital, where she lingered 16 days, mortification having set in. At the inquest the verdict was suicide, but many believed that Taylor had fired the shot and that she made the statement to save him from the gallows. The bullet had cut through the tongue and lodged in one of the bones of the neck. The revolver was a very small one, silver-mounted, and had the name 'Frank Gardiner' scratched on the stock. Mr Turner afterwards saw the weapon with Mr Bailey, in Fiji. It seems strange that Gardiner should have started business at Apis Creek in his real name (Francis Christie) as he did, and that he should keep about his house a revolver with his 'bush-cognomen,' Frank Gardiner, on it.
Kitty's Inquest, 27th January 1868. Courtesy Papers Past, New Zealand. For best, Open a New Tab to enlarge. |
Upon his arrival in San Francisco, Frank Gardiner found himself following in the footsteps of a notorious band of former Australian convicts known as the 'Sydney Ducks.' Predating Gardiner's arrival, the 'Sydney Ducks' had begun to infiltrate the city in the 1850s, establishing a seedy district on the Barbary Coast, derogatorily dubbed 'Sydney Town.' This nefarious group was infamous for running questionable establishments where they lured wealthy patrons with the promise of wild nights filled with decadence and indulgence. Unfortunately, many of these patrons were then assaulted and robbed.
As Gardiner was getting accustomed to his new surroundings in America, he attracted significant media attention, due to his infamous past as a bushranger. He granted an interview to the "Daily Alta California" newspaper, which was published on February 17, 1875.
Perhaps of all bushrangers, Gardiner was the most successful and the most popular. A magnificent horseman, a brave man, it seems wonderful how he could have selected such a mode of existence, and voluntarily relinquished it when his chances were the best. No crime of murder could be imputed to him, and it was proved at his trial that his personal influence over his associates-prevented bloodshed. Very influential men, who were witnesses to his exemplary conduct during his long ten years' confinement in Darlinghurst Gaol, Sydney, used their influence to effect his release, which was accomplished by the intervention of the Governor, Sir H. Robinson. The latter has been severely censured for his clemency by the Legislature, and, according to the news by last mail, the discussion still rages. The Chronicle reporter put a few questions to Gardiner in reference to HIS FUTURE INTENTIONS.
He said, "I mean to do all I can toward earning an honest livelihood. Although I am debarred from returning to Australia, I had the good wishes of three-fourths of the people there."
Reporter: Why was that?
Gardiner: Because I never committed any murder: because I have given away more than half my day's earnings on the road to poor travellers, and because I never robbed a poor man in my life.
Reporter: Why did you commence such career?
Gardiner: 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.
Rep.: But what made you rob the mails?
Gardiner: 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, but I afterwards changed my mind and resolved at all hazards to lead a good life, and when I relinquished bushranging and went to Apis Creek, where I was apprehended, I never dreamt but what I might die there of a good, honourable old age. I was known there as Frank Christie, and many thousands of pounds have been entrusted to my custody. I had a good reputation far and wide, and no one knew I was the celebrated Gardiner until my apprehension.
Rep.: Have you a cheerful prospect before you?
Gardiner: Yes; after ten years' confinement I am glad to be free again. I think my Australian reputation was so good; in spite of my crimes, that my record may have reached this country. I am determined to lead an honest life, and I am quite able to fill my part in it creditably. Our reporter wished Mr Gardiner good night and trusted that he would adhere to his good resolution.
San Francisco wharves of the Barbary Coast, a short distance from Kearny St where Gardiner would saunter down to await the latest news from Australia. c. 1876 |
Of course, the self-assessment by the Darkie in his newspaper interview needs to be put into context when one considers that;
Even as years passed and the distance between Gardiner and his former exploits in Australia grew, his legend and reputation did not fade. His past as an infamous bushranger, particularly his orchestration of the dramatic Eugowra Gold Heist in 1862, his subsequent incarceration, and later deportation, had firmly entrenched him in Australian folklore.
Whether the stories were true or embellished, every titbit and anecdote about Gardiner's post-deportation life in the United States was seized upon by the Australian press and public. They painted a picture of a man who continued to persevere and carve out a life in a new country, despite the shadows of his criminal past.
His past had left a significant impact on Australia - from his ability to hold the country to ransom, which had drawn international attention, to his effect on the political landscape, leading to the dismissal of government ministers and the humiliation of law enforcement. Even children idolised him, often playing bushrangers in imitation of his exploits.
Frank Gardiner, the 'Darkie', had transformed from a bushranger into a symbol of rebellion and resilience. His legend, much like the man himself, seemed to endure and adapt, maintaining its allure and fascination long after he had left Australian shores.
Kearny St looking North near Broadway St. Barbary Coast. Gardiner's saloon was in this vicinity. c. 1800's. Courtesy, SMU Libaries Digital Collection |
News soon surfaced in Australia revealing that Gardiner had established a saloon on San Francisco's infamous Barbary Coast. The annual directory of the City and County of San Francisco from the years 1876 and 1878 confirms Frank Gardiner as the proprietor of a saloon located at 1031 Kearny Street. The saloon, named the 'Starlight' Saloon, had an unsavoury reputation.
As portrayed in 'The Braidwood Dispatch and Mining Journal', the 'Starlight' Saloon was not a place for the faint-hearted. The establishment was described as a den of squalor, frequented by dock rats and notorious individuals who were always on the lookout for their next victim to rob or deceive. In stark contrast to his previous lifestyle, the Australian bushranger had become the lord of a seedy underworld across the ocean.
Despite these reports, Gardiner continued his life in San Francisco, navigating his way around the pitfalls and perils of his new surroundings. Yet, it was his reputation and past life that still attracted the curiosity and attention of people from his homeland. As the former 'King of the Highwaymen', Gardiner's life in America continued to be a source of fascination and intrigue.
Note: The names of the two saloons in reality are unknown but much correspondence intictaes Kearny St and Brennan St were similar in the naming.
Regardless Frank was making fair trade;
McGlone a son. |
The Annual directory of the City and County of San Francisco 1879. |
Return to Oz. "if ever he is exiled from California New South Wales will be his destination."
When Gardiner disembarked from the Great Republic steamer in December 1874 at forty-six, he still exuded the energy of a much younger man. Yet, his conversations often gravitated back to familiar complaints of ailments and pains, a trait his old acquaintances from Cockatoo Island knew all too well. Historical records suggest that Gardiner was often recalled as something of a hypochondriac, frequently lamenting various illnesses and afflictions. His latest claim was that he was severely afflicted with rheumatism and had taken to heavy drinking.
Despite these assertions, no substantial evidence supports that Frank was a heavy drinker, whether during his time at Apis Creek or while navigating the misty moonlighted landscapes of the Lachlan Ranges. These claims likely formed part of Gardiner's skilful manipulation of his image; he was a cunning man, well-versed in deception. Frank crafted these misleading stories of his life in America, possibly as part of a broader strategy, hinting more than once at his ambition to return to New South Wales by any means necessary; 'The Western Independent' 18th August 1877;
Thomas Baines - Frank Gardiner relationship.
As 'Darkie' began his 32-year term at Darlinghurst in 1864, another chapter of rebellion unfolded in Ireland. In March 1867, a new Irish insurrection erupted against British rule. Like many before, this attempt aimed to eject the English from Dublin but ultimately failed. The insurgents, known as Fenians and precursors to the IRA, mobilised in significant numbers. Armed groups converged on various towns, including Tallaght, Dundrum, Stepaside, Glencullen, and further south in Cork, where 4,000 rallied at Fair Hill.
Their actions triggered a spree of destruction, prompting a swift response from the constabulary, who moved to cut off the insurgent routes. Despite the initial surge, the uprising had been suppressed by the next day. The revolt's leaders, including the determined Thomas Baines from County Mayo, were pursued relentlessly by both the Irish Police and the British Army. Baines, recognised among the leaders for his willingness to undertake the most perilous tasks, was captured and tried. Found guilty of treason, he and his fellow rebels were sentenced to be transported in the last contingent of convicts sent to Australia, arriving in Fremantle, Western Australia. The judge brought down his sentence;
Western Australia, Convict Records, 1846-1930. for Thomas Baines. |
As the Western Australian coastline loomed into view, a seemingly endless flat landscape lay ahead. Its stark, unbroken bleakness stretched both north and south, offering an uninteresting sight to weary eyes. As the afternoon wind gathered strength, the 'Hougoumont' her rigging pinging with the force of the roaring forties winds pushed the vessel into Cockburn Sound towards the mouth of the Swan River and her final destination, Fremantle.
As they arrived at the dock in the late afternoon, Baines and his 279 fellow convicts disembarked into the heat, amidst the loud commands of the guards and the curious gaze of the locals who had gathered to inspect the latest arrival of chained misfits. John Boyle, one of the convicts transported alongside Baines, later recounted the conditions they endured on board the 'Hougoumont':
San Francisco Call, 12th April 1899. |
Like the countless convicts before him, Baines slowly adapted to his life in captivity. Following his early release in 1871, Baines left Australia for New Zealand, along with four other Fenian insurgents. However, they were swiftly expelled and found their way back to Sydney before embarking on a voyage to San Francisco, where they arrived in March 1872.
In America, Baines' Irish patriotism resurfaced, and he became a member of the Hibernia Rifles, a local Irish American military organisation. He held various positions within the organisation, eventually rising to the rank of Captain. Although the organisation was disbanded in the 1880s, Baines continued to take pride in his Irish heritage. Each St. Patrick's Day, he would don his green uniform and sword and pay visits to his fellow Irishmen in the area. For several years, Baines earned a living by selling copies of his book, 'My Life in Two Hemispheres', which detailed his experiences as a Fenian fighter during the 1867 insurrection. He was often seen sporting long, flowing locks of hair, a visual protest against British rule in Ireland, which he vowed to maintain as long as Ireland remained under the British yoke.
On July 20, 1875, Baines was running the Celtic Club Saloon, situated on the corner of McAllister, Jones, and Market Streets in San Francisco. The location was conveniently close to Kearny St and Brannan St, where Frank Gardiner would later set up his own saloons. A grim incident took place at the Celtic Saloon when an employee shot Baines in the back under dubious circumstances. Despite the seriousness of the injury, Baines managed to make a recovery.
In this bustling and often chaotic setting of saloons and street life, Baines and Frank Gardiner's paths crossed. Beyond their shared experience as saloon keepers, the two men formed a close friendship.
The only person who befriended him (Gardiner) was the Fenian.
Los Angeles Daily Herald 21st July 1875. |
Could it be possible that Baines, with this cunning subterfuge, was actually assisting Gardiner in a covert return to Australian soil? The question remains a tantalising mystery, and the answer seems far from impossible. After all, these two men were known for their resourcefulness and daring exploits. It would be in character for them to conspire to such a plot, adding another layer of intrigue to their storied lives.
Travel, during the era of the great gold rushes of the 1850s and beyond, was relatively unhindered by modern bureaucratic red tape. The concept of individual passports did not come into existence until the early 20th century. Thus, if a man, woman, or an entire family desired to relocate, they only needed to afford the passage fee to board a ship sailing to their desired destination – say Sydney or Melbourne. A person's travel record would only appear on the ship's manifest. Upon arrival at the port of choice, travellers could disembark without fanfare or complication. Therefore, if a rogue, who had wronged society, sought to flee to distant shores, they merely needed to purchase passage under an assumed name.
A notable example of such subterfuge was Frank Gardiner's rival, Sir Frederick Pottinger, who escaped England and his debtors by sailing to Victoria under the pseudonym F. W. Parker.
Five years after his arrival in San Francisco, according to varying accounts, Frank Gardiner was growing restless. The land of his youth beckoned him, and he found himself constantly drawn to the Barbary Coast's wharves whenever a packet steamer arrived from Australia. Gardiner would eagerly approach the passengers, seeking newspapers from home and, no doubt, letters from his sisters. He would voraciously consume the latest news, updates on the political climate, changing social attitudes, and transformations within the country districts that he once roamed. Engaging in earnest conversations with passengers, Gardiner regularly inquired about recent events in his former haunts. The pull of the homeland was strong, and the wheels of Gardiner's mind were already turning towards an audacious new plot:
A return to Australia?
Frank Gardiner's yearning to return to Australia was far from a secret. His persistent inquiries with steamer captains regarding passage home were always met with firm refusal, but this didn't deter him. His frequent interrogations of Australians arriving at the port about the current state of affairs back home were telltale signs of his homesickness. Above all, his sisters, his last tangible connection to his homeland, were likely never far from his thoughts, adding a melancholic undertone to his life in San Francisco.
Biding his time, Frank waited for the perfect moment. His longing for home never wavered; instead, it fuelled his resolve to find a way to return to his roots. He was a man caught between two worlds – his present in the rough-and-tumble world of San Francisco's Barbary Coast and his past in the Australian bush, where his reputation as a daring bushranger had been forged. His homesickness, coupled with his stubborn determination, was the driving force behind his desire to return to Australia, come what may.
Thoughts of home and his notorious past as a bushranger spurred Gardiner to intrigue his friend, Captain Baines, with tales of Australia's vastness and hidden treasures buried deep within the remote regions of the Fish River or Lachlan. While more fiction than fact, these tales were enough to incite the Irish rebel with promises of wealth and adventure.
Through Baines, Gardiner sought a way to return to New South Wales, where he could once again blend into anonymity, much like he had at Apis Creek many years before. Countless treasure seekers approached Gardiner, offering large sums to help locate his supposed hidden Eldorado. But Gardiner was as elusive as ever. He held his cards close to his chest, responding to their questions with a knowing look that implied he knew more than he was letting on.
His desire to return to his native land, combined with the tantalising possibility of hidden treasure, fuelled an air of mystery and intrigue around Gardiner. Even as he navigated the gritty streets of San Francisco, his mind was invariably drawn back to the vast Australian outback, its hidden secrets, and the life he had once lived there.
' |
The Pioche Weekly Record, 21st February 1880. |
However, as time moved forward into the early 20th century, around 1910, reflections on Frank Gardiner's life surfaced again, particularly his period as a hotelier. Notably, discussions about Gardiner did not mention his death, which might typically be highlighted in a memorial context. The absence of such details is compelling. Describing Gardiner as a "former resident" implies that he might have been alive at that time and possibly succeeded in returning undetected to Australia, his longed for home. This lack of information about his demise adds to the speculation that Gardiner may have managed to return to Australia without attracting attention.
Remembering that by 1896, he was legally allowed to return to Australia freely, when he would have been just 67 years old. Thus, it is plausible that he returned to live under one of his many aliases, carefully avoiding the mistakes of his past at Apis Creek.
Despite this, speculation, rumours, and stories about Frank Gardiner's life and whereabouts continued to circulate for decades. Was he enjoying the California sun or living in obscurity in the Australian outback?
This remained a topic of fervent debate. When his brother Charles became ill and died in 1885, rumours circulated that Frank might have travelled through New Zealand and then to Victoria to visit him. Frank possibly made a journey to Tuape, New Zealand, to visit Catherine's grave.
At the turn of the century, reports emerged of mysterious figures digging on Wheogo Hill for Gardiner’s alleged hidden treasure. Some even inaccurately claimed these individuals were Gardiner's descendants. Like many tales linked to Gardiner, these stories were unfounded. Gardiner held none of the gold from Eugowra, all lost in the fleeing from Sgt Sanderson.
Given Gardiner's shrewdness, it is unlikely he would have been involved in any of the aforementioned scenarios. The truth about his final days remains elusive, lost to time and cloaked in layers of speculation and conjecture. His life, marked by bold exploits, narrow escapes, and a legacy as one of Australia’s most infamous bushrangers, continues to fascinate and intrigue.
Authors Note: The absence of concrete evidence makes it exceedingly challenging to definitively ascertain Gardiner's fate in San Francisco or beyond. Relying on hearsay and conjecture opens the door to various speculative scenarios, from an unmarked pauper's grave to a violent demise to old age amongst the misty moonbeams of a sunburnt country. Yet, without solid proof, these remain mere theories, not established facts.
Despite a thorough examination of all known correspondence and newspaper articles spanning two decades, no documents have been able to provide clear insights into Gardiner's life after 1880 or to verify his death conclusively. In fact, some accounts even contradict the idea of his demise, proposing that he returned to New South Wales alive and well.
Gardiner's proficiency in concealing his whereabouts should not be underestimated. Considering the information available, it is plausible to suggest that he might have made his way back to Australia. This possibility is underscored by comparisons with other bushranger stories of fiction, such as Ben Hall and the misleading tales of his "abandoned and dying cattle, left die of thirst." Complete rubbish which demonstrate how myths can flourish in the absence of factual evidence.
As Clarence Paget Bayly noted, "The reminiscences of the bushranging days have a sort of a fascination that seems to stir the blood in people, and, as a rule, brings about a lot of controversy."
The enigmatic and romanticised stories of figures like Gardiner continue to engage us, even in the face of scant evidence. For now, the truth about Frank Gardiner's fate remains an intriguing piece of Australia's complex historical puzzle, unresolved but endlessly compelling.
|
Francis Christie alias Gardiner recorded here with Patsy Daley 1867 at Darlinghurst Gaol. |
Letter by Frank Gardiner's father Charles referring to the operation of a Sly-Grog shop. 'Port Phillip Gazette' 25th April 1840. |
SUPREME COURT.
https://trove.nla.gov.au/newspaper/article/91919180?browse=ndp%3Abrowse%2Ftitle%2FG%2Ftitle%2F284%2F1850%2F10%2F23%2Fpage%2F8144104%2Farticle%2F91919180
Francis Christie alias Clarke at Darlinghurst Gaol awaiting trial 1854 |
Edward Prior and Francis Clarke at Goulburn Gaol and sentenced 1854. |
N.S.W. Police Gazette report (above) on Francis Christie about the time he operated the butcher's shop with William Fogg at the Burrangong Goldfield.
This appeared in the newspaper in October 1862. The Wheeo area is near today's Canberra. |
Gardiner's new home Darlinghurst Gaol. A sketch from the Illustrated Sydney News Friday 16th November 1866. 1.-The entrance. 2.-The muster on arrival. 3.- The inquiry office. 4:-Selecting boots 5.-The bookbinding shop. 6.-Interior of a cell. 7. - in church 8.-On night watch-"All's well!" 9.-Prisoners' yard. The bookbinding Shop was where Gardiner lovingly produced the small bible for Catherine as seen below. |
1864 NSW Police Gazette's reference to Gardiner and his escape from Pentridge 1851. The Kiama Independent, and Shoalhaven Advertiser Thursday 8th March 1866 |
Mrs Brown's request through Gardiner's sister Charlotte Ion's to visit him at Darlinghurst. |
The above comment is from the satirical publication 'Melbourne Punch', Thursday 11th June 1874. The question is, why was he not returned to Melbourne? |
Exiled |
Geelong Advertiser
Saturday 18th August 1877
There is some merit in the last lines as to Frank's return to Australia. He was a master of anonymity when required. |
Reputed Business card. The Newcastle Morning Herald and Miners Advocate Tuesday, 6th August 1878. |
Report of Gardiner marrying from the Evening News, Monday 1st December 1879. |
Sunday Times Sun 15 Jan 1905. This is the marriage that many have believed to be linked to the 'Darkie'. This has been misused in almost every publication to date. |
1911 film on Gardiner. Frank Gardiner Outlaw. |
The McIvor Times and Rodney Advertiser Thursday 14th August 1879 Page 3. FRANK GARDINER IN AMERICA. This article refers to Frank robbing some Mormons where one of the Elders and leader positively identifies Gardiner as the head of the gang. Of course, it is complete fiction. |
Saturday 17th November 1888
I have always believed based on the evidence that Gardiner returned to Australia protected by his devoted sisters, and never died in the USA. |
The statement above is made by Catherine Brown in New Zealand soon after shooting herself by her own hand in 1868, thus exonerating who the papers referred to as Charles Taylor but should have read Richard of any blame. New research on Catherine has
discovered that she was described as an attractive woman, small and petite in
stature 5 ft 3 in tall with sandy blonde hair.
(For better view open letter in new tab to enlarge.)
|
Friday, 22nd April 1870
The report above was the first speculation as to the death of Mrs Brown in
The Sydney Morning Herald
Monday, 8th June 1874
Passenger List for the City of New York. Note Baines, cabin. Gardiner for NZ, however, anyone could well be Frank Gardiner. Thanks to David Geerlings for the list. Southern Argus 10th October 1882 Report of Frank Gardiner's death. |
Report of Frank's death in the Evening News 28th August Sydney 1882. However, this appears to be incorrect and a subterfuge for Frank's return to Australia with an American Mr Baines. |
Letter preventing Catherine from visiting Frank Gardiner at Darlinghurst Gaol. |
Letter pertaining to the whereabouts of Gardiner's original Ticket of Leave under Clarke. Police Convict Branch: Letters to Officials, 1862-1892 |
The above link is a 1906 hand-coloured film of Market street San Francisco travelling east on a cable car. Although filmed years after Frank Gardiner left Frisco for Australia, this film is taken in the Barbary Coast heart. Gardiner's saloons were in this vicinity and Kearney St to the left of the screen at about 3.08 sec. The finish is where Gardiner would have ventured to meet the mail packets from Australia.
#-Reference notes and source material can be accessed on the EndNote page except where book, author or newspaper title are named. Publications referred to can be found on the Links Page. For any research assistance no charge, contact is on the Home Page under Contact details or Email to benhallbushranger@gmail.com. For an enhanced view of photographs, click right mouse button and select 'open in new tab'.
Great site thank you. Can you please tell me where you saw Kate Brown's suicide letter? And also the photos of her hut and of Middleton, and the passenger arrival document for the 'James'? I am looking for images for a book and need references for the originals.
ReplyDeleteAn excellent presentation on Francis Christie (alias Gardiner)
ReplyDeleteMore research is required on his early life in Australia. Shipping records show that his mother Jane came to Australia in 1834 (already a widow?) via the barque "James" with her five children, accompanied by her (soon to pass away?) husband (or her brother-in law?) Charles. Whoever Charles was, in February 1841, in Melbourne, Jane married one Henry Munro Esq. (sometimes spelled Monro or Monroe) who had also taken passage on the "James". At the time Munro had a large holding on the Campaspe River in the Port Philip District, moving during the 1840's to a larger holding in the Portland Bay area of the Port Philip District. Presumably all of Jane's children became part of the Munro household and were educated locally, including Francis the "Black Sheep" of the Christie family. Interestingly, Frank Christie's first recorded sortie into crime was in 1850 with the theft of horses near the Campaspe, only to be caught whilst driving the horses to market in Portland.
Hi, I am a relative of Francis Christie and would like to speak to the author of this document. Looking forward to hearing from you. Jan, peachtreejan@gmail.com
ReplyDeleteHi Jan, I am Mark Matthews author of the Ben Hall website.If I may be of any assistance please feel free to contact me through benhallbushranger@gmail.com My contact is also on the Home Page. Look forward to your reply. Cheers, Mark
ReplyDeleteSuch a brilliant and thorough site. I am having a 'Bushrangers Stall' in the near future and your information here is invaluable to me as an illustrator. Would it be ok for me to quote a few of your sentences here (I'm thinking maybe four or five) ...to put beside a painting on display? I will credit you. Feel free to email me Mark
ReplyDeleteContact me directly through the email benhallbushranger@gmail.com not through here for best response.
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