John Gilbert

This website is designed, researched and written by Mark Matthews. It may alter and be expanded with updated information and research as it comes to hand. This section is a work in progress...


John (Happy Jack) Gilbert
("A Real Flash Cove")

There's never a stone at the sleeper's head,
There's never a fence beside,
And the wandering stock on the grave may tread
Unnoticed and undenied,
But the smallest child on the Watershed
Can tell you how Gilbert died.....
                                                                                                  A.B. Paterson

"Happy Jack"
Coloured by me.
During the mass migration to Australia in the 1850s, thousands flooded unchecked into the Victorian colony from all parts of the globe. Their lure was the discovery of gold. Gold was the prize for men to roll the dice without regard to success or failure. People from all walks of life were swept up in the fever, which drove them to uplift their worldly possessions and families to embark on dangerous sea voyages to search for treasure. These prospects of great riches drew a Canadian family to the shores of Victoria. They were the Gilbert clan. Amongst the family was a ten-year-old boy who became the most prolific bushranger in Australia's history. His name was John Gilbert.

New York Herald.
25th June 1852.

Courtesy

Library of Congress.

Gold! Gold fever had gripped the world since news spread of rich gold finds in California. Citizens from all over rushed there in 1849. Often referred to as the 49ers. However, the Californian frenzy was not to end there; as 1851 dawned on the far side of the world, gold fever struck the fledgling colony of Australia. The precious metal was discovered predominantly in the new colony of Victoria, whose foundation was on the 1st of July 1851 under the governorship of Charles Joseph La Trobe. Before long, many abandoned California for Australia to seek their fortune with fantastic stories of its riches. Rumours of immense wealth went viral, circulated by scuttlebutt. Scuttlebut that talked of just kicking the ground resulting in Eureka glory. The wild claims of massive fortunes to be made swept the world, creating another major gold rush. The golden grapevine, like a pandemic, ran free, infecting all. William Gilbert was one such man to leave Canada for greener pastures. Bound for Australia with the prospects of a new beginning and future for his family.

William Gilbert was struggling. Steady work for himself and his sons was difficult to secure as Canada faced economic hardship and political unrest. However, the Canadian newspapers in 1851 acclaimed the extraordinary fortunes to be made in Australia. William was swept up by the talk of gold's allure. Therefore, William set about migrating to the distant shores of Australia. After twenty-two years in Canada, it would be the second time William embarked on an endeavour to better his families lives, travelling fifteen thousand miles across two vast oceans to a new world, Australia.

Church of England Marriages
and Banns for
 William John Gilbert.
Mr and Mrs Gilbert immigrated to Canada from London in 1830, with their three-year-old son William Jr b. 1827 and one-year-old daughter Eleanor. William John and Eleanor Gilbert nee Wilson were married on 23rd April 1826 at St John the Evangelist, Smith Square Westminster, Middlesex. Gilbert's occupation in London was Innkeeper-distiller occupying the Three Castles Inn, St Andrews Lane, London and held a 'Freeman of the City of London' title, thereby exhibiting his family crest over the business premises. Innkeeper-distiller was an old and noble investiture. Note: William's entitlement derived from purchasing Freeman's rights, enabling him to become an Innholder under the auspicious of Liveryman, an esteemed privilege. The Order of Liverymen was derived from the ranks of Freemen. Liverymen traditionally have the right to wear a distinctive form of dress during official City occasions. The order came into exsistance in the 13th Century and survives today. It harnesses Charity, Education, Trade, and Fellowship. (see letter below.)

By 1830 Livery Companies or Hotels within the City of London precinct fell into decline. British Parliament enacted new distilling and licensing laws which effectively brought about hard times for many Innkeepers. The decline in business and widespread closures encouraged many to migrate to Canada. William took the opportunity and quit England. Furthermore, tragedy struck the Glibert's when the Cholera Pandemic plagued London in 1827, when two of Gilbert's daughters, Ann and Ellen, succumbed to the illness. In London alone, the disease cost the lives of a reputed 6,000 people. (Including Frank Gardiner's half-brother Charles' mother.)

Hamilton, Ontario, Canada,
c. 1859.

Courtesy

Library of Congress Collection.
Settling in Hamilton, on the shores of Lake Ontario. William Gilbert's commenced work as a building contractor on Public Works Projects and established manufacturing building materials. William Gilbert prospered. The Gilbert's produced four more children, Francis b. 1836, James b. 1838, and Charles b. 1840 and John William, born in November 1842. Now prosperous, the family resided in a framed two-story home, employing as a servant an Irish lass aged 15 named Mary Cassin. Unfortunately, John Gilbert's mother, Eleanor, passed away through illness circa 1845. John Gilbert's older brother William would also pass away in 1850. Consequently, William remarried Eliza Cord on 28th December 1846. Eliza was 25 years old and born in England, immigrating to Canada with her parents as a child. William was 44 years old. The union produced two boys, Thomas and Nicholas. (On their arrival in Australia, the Gilbert's were to produce another seven children (Frederick, Mary, Jane, Louisa, Mary-Anne, Christopher and Dagmar.)

Preceding departure, William Gilbert served as a volunteer loyal to the British during the Rebellion of Lower and Upper Canada 1837-38. Simultaneously, the political unrest sweeping Canada culminated in the parliament's burning down in 1849. However, William was active in local politics as an Alderman in the City of Hamilton. William Gilbert later commented regarding his participation in the rebellion; "I allude to the military character with which you are pleased to invest me. I should feel extremely proud could I lay claim to such a distinction; but I think I owe it to the good nature of my friends in recognition of the part I acted at the outbreak of the rebellion in Canada, in 1837-38. At that time, I was engaged as a contractor on the public works of the Upper Province, and though at considerable loss to myself, I entered as a volunteer in support of law, order, and British supremacy, and induced almost every man in my employment, as well as many others, to follow my example."¹ 


New York Herald.
2nd July 1852.

Courtesy
Library of Congress.
Departing Canada and Eliza Gilbert once more pregnant, t
he family arrived in New York 400 miles south. William sought and gained passage on one of the many ships standing in New York Harbour, loading men and families for the voyage to the far side of the world. They gained passage on the Pioneer Line packet ship 'Revenue' with 160 other hopefuls, mainly Canadians. Following a voyage of some months, a young 9yr old John Gilbert was noted by a fellow passenger who commented, "I noticed nothing very particular in the lad during the voyage." After sailing through Port Philip Bay's entrance, the Rip, the 'Revenue' secured alongside Hobson's Bay Melbourne, Victoria on October 15th 1852. “The Revenue, from New York, has had a good run from that port. She brings a large number of apparently very respectable people, attracted hither by the fame of our Gold Fields...”

In 1852, an estimated ninety thousand fortune seekers disembarked at Melbourne's Hobson's Bay port. Stepping off the ship with his parents and six siblings was nine-year-old John Gilbert.

John Gilbert would come to relish the Australian bush's wild lawlessness and before long developed a flagrant disregard for parental oversight. Not long in his new country, young John Gilbert soon mixed in with the many fringe criminals and shysters lounging around Collingwood and those traversing the goldfield roads north to the gold hubs of Ballarat and Bendigo. However, John Gilbert would rise to become one of the most hunted outlaws and murderers in colonial Australian history. Men, colloquially known as 'Bushrangers'. Gilbert would also be known by the nickname 'Happy Jack', given to him due to his light-hearted humour and free and relaxed outlook.

As well as William and Eliza Gilbert and family, other relations also embarked for Victoria. They included John's Aunt and Uncle, Mary Ann Holywell and husband, Samuel. Ann Holywell was the sister of Eliza Gilbert John Gilbert's stepmother. Samuel Holywell was noted as a Miller, and William was recorded on the 'Revenue' immigration entry manifest as a Distiller. The shipping documents indicate a large contingent of people from Hamilton joined the Gilbert's in taking passage on board the ship. The Holywell's resided first in Flemington, then Flyers Creek, and Kyneton near William Gilbert's last residence at Lauriston circa 1862 as their son and nephew John under his revolver held country NSW hostage.

London, England, Freedom of the City Admission Papers, for William Gilbert, Innkeeper 1681-1925.
1851 Census for William Gilbert for Canada West, New Brunswick and Nova Scotia. Note John Gilbert, aged 11, next birthday in 1852, indicates his birthday in November or December. Note education, John and Charles.
Gilbert family 'Revenue.'
The Argus newspaper
 report  of the arrival
 of the "Revenue" 1852.
Melbourne was awash with fortune hunters. Hobson's Bay's piers were continuously jammed with arriving ships disembarking the mass of migrants and tonnes of cargo. Lodging houses and hotels were packed to bursting point. Rough-hewn dwellings of all description sprang up across the city. Amongst this thriving population, William Gilbert and his family first settled at George Street Collingwood. Here they resided for a period as William Gilbert found his feet and searched for work. Within a week of settling in Collingwood, the Gilbert's received their first taste of Melbourne's criminality when a horse recently purchased was stolen under the nose of one of the son's who remonstrated with the thieves. 'Geelong Advertiser and Intelligencer' Thursday 21st October 1852; HORSE STEALING.- "John Jones, James Seymour, and William Thomas were arraigned for stealing a horse the property of William Gilbert and pleaded not guilty. A horse, the property of a Mr. Gilbert, who resides at Collingwood, was grazing (hobbled) in a vacant space before Mr. Gilbert's house. The three prisoners were observed, at ten o'clock in the morning, by Mr. Gilbert's son, to go up to the horse, and in spite of his remonstrances, the prisoner Seymour got on the horse and rode off. Sentence-Six years' hard labour on the roads of the colony." John being the youngest, may well have been the son who remonstrated with the thieves.

Frederick Gilbert's death.
The Argus,
14th May 1853.
Settling into Australian life tragedy befell the Gilbert's. Eliza Gilbert, pregnant during the voyage to Victoria, gave birth to another son Frederick in December 1852. Sadly on 13th May of 1853, Frederick passed away at their Collingwood home.

However, in his gold search, John Gilbert's father backed the wrong horse. Subsequently, in 1853 William applied for and was successful, after a small hiccup, gaining work as the Pound Keeper at Deep Creek, 'Bulla Bulla' 28 km north of the Melbourne Town Hall. Initially, upon application William's appointment was postponed. A not uncommon occurrence; 'The Argus' Saturday 8th August 1853 - The application of Wm. J. Gilbert to be appointed poundkeeper at the Deep Creek Pound was postponed until next Thursday. However, at the next sitting, the application was approved. THE DEEP CREEK POUND.- "A Mr. W. J. Gilbert has been appointed keeper of the Pound up the Deep Creek. There were four applications, and one of the defeated candidates had the following appendages tacked to his name, viz. :- 'Baccalarius atrium Trinilatis College juxta Dublinii; late bullock driver to Bendigo." The lucky man is described in his testimonials as "an alderman of the City of Hamilton, Canada West." (The town Bulla is close to where Melbourne Airport is today.) Also, in November 1853, William was granted an Auctioneers Licence for Deep Creek. 'The Argus' Wednesday 23rd November 1853; District Auctioneers Licenses. - "At a special meeting or the District Licensing Magistrate, held yesterday at the District Court, (Messrs. Thomas and Vaughan, J P.'s presiding) district auctioneer's licences were granted to the following persons: -Mr. Gilbert, of Deep Creek; Mr. Grant, of Melbourne; Mr. Lascellis of Pentridge; Mr. Zohrab, of Prahran; and Mr. Donne, of Melbourne." On William's application, he stated that he was a former 'Alderman' for Hamilton City, whereby he lost his seat in the local Hamilton election of December 1851. Regardless, the move to Australia was finally evolving into success.

Argus, 1853.
The new home of young John Gilbert was described in an article from the 'Sunbury News' on 6th August 1910; "Bulla is a pretty little village, situated on the banks of a clear stream called Deep Creek. In the year 1850, there were very few houses in Bulla, mostly all tents. A police station was opposite Mr Hillary's house. The constable, Mr Talty, was very clever with a sword. Where Mr Honan is living now was known as the 'Troopers Bend,' as the police horses used to graze on it. There was a pound yard on the main road. The first-pound keeper, Mr Gilbert, was the father of John Gilbert, the bushranger..." Work as the 
Deep Creek Pound Keeper was a very lucrative position for John Gilbert's father. Earning an average income of some £515 per annum. ($43,000 in today’s value) Gilbert's three older brothers assisted their father. However, by 1857 the Gilbert's had relinquished their control of the pound. William Francis, James and Charles commenced gold mining where ever a new rush appeared. Including New Zealand.
Victorian Gazette table of Poundkeeper returns July 1851-November 1854.

However, in the year of the infamous miner rebellion, the 'Eureka Stockade' at Ballarat in 1854, Johnny Gilbert, then 12 years of age, had it said that he had become unruly and somewhat rebellious and before long had "bolted" from his father at Bulla. A family friend commented on an emerging young scamp; "Soon after settling in Melbourne, young Gilbert began his 'fast' career. He was then only a growing boy; but he had even thus early apparently began his career on the road, for he was betting notes on every stroke at the billiard-table, and seemed to be possessed of any amount of money..."²

Gilbert's sister Eleanor's 
Wedding notice 1854.

Having bolted from his father's care and guidance, John Gilbert made for Kilmore, where his married sister Eleanor and husband, John Stafford, resided. When he absconded, his father would comment that Gilbert was not without parental affection; "the latter [sic] was not destitute of affection." Whether his sister attempted to send Gilbert home to Bulla is unknown. Kilmore was 25 miles north of Bulla. Eleanor and John had met on the ship 'Revenue' during its passage from New York to Australia, and they married on 23rd February 1854.


The following is an interesting extract from a gentleman's private letter describing Eleanor. Printed in the 'Yass Courier' soon after John Gilbert's death: - "his sister, Miss Gilbert, being the only marriageable young lady on board, was quite the idol of the young men, one of whom she ultimately married..."³ In 1875, Eleanor and John moved to Ireland after he had "come into some property". Eleanor passed away on 18th June 1928 at the age of 98.

The Argus,
26th October 1854.
However, John Stafford gained employment as the Pound Keeper at Sugar Loaf Creek, Kilmore, Victoria.[sic] "he was the keeper of the Sugar Loaf Pound, a money-making business in those days." (See article right.)

Remaining in Kilmore, Johnny Gilbert aided his brother-in-law. These formative years of handling horses and cattle enabled John Gilbert to develop into an excellent horse rider and experienced Stockman. Learning a great deal about the value of good horseflesh, and the boy could ride like the wind. Gilbert also remained enamoured, as at Collingwood, with life in the hustle and bustle of free-wheeling spendthrifts and gamblers frequenting the Kilmore pubs. While still underage.

Pubs packed with miners and shysters traversing to the next big strike as coaches and bullock teams made their way to Beechworth and McIvor goldfields and other fields further on. He embraced the carefree cashed-up miners' raucous atmosphere, quick to throw their new fortunes into gambling and carousing. There is no doubt that Gilbert was hustling weary travellers enjoying a hearty meal or refreshment at the centre of town activity while the overland coaches changed horses. Notably, the Kilmore Hotel, on Sydney Street, a two-story brick building containing a commodious bar and fittings, three large dining rooms, a private room, three bar-parlours, large billiard room that stood on the south side of Memorial park owned by Matthew Kelly. For young Gilbert, travellers were there for the taking.


Frank Gardiner as
Francis Clarke.
Early release from
Cockatoo Island
December 1859.
At the age of 16, circa 1858, John Gilbert again bolted, heading to the Ovens River goldfield near Beechworth, Northern Victoria. While hustling at the Kilmore Hotel, Gilbert contacted some old crew from his passage on the 
'Revenue'. These hard, tough men, now gold miners, crossing from the Mount Alexander goldfield near Castlemaine to the Ovens River Goldfield, Beechworth, a stone's throw from the border with N.S.W., took Gilbert in tow. "About the time of the first rush to the Ovens, [sic] when a number of old ' Revenue ' hands were crossing from Mount Alexander to the new field, young Gilbert was fallen in with in a hotel in Kilmore."

Consequently, with adventure and recklessness in his blood and against his families wishes and with the Bible in hand. Gilbert packed his swag and took off with the rough former seafarers. Whether success or failure ensued during Gilbert's foray into gold mining is unknown. However, it was from the Ovens River goldfield that by 1858 had almost played out Gilbert made his way into New South Wales. Surfacing, 100 miles east of Beechworth reputedly at Kiandra on the Snowy River c. 1858/9. In a letter dated 13th February 1860 in the S.M.H., a businessman investigating the prospect of opening a store on the Kiandra diggings to cater for the nearly 1500 diggers commented that he had engaged in conversation with some Americans from Victoria;[sic]"the new diggings at the Snowy River, where he went last week in order to ascertain if worth his while to take up stores, &c. He says there are about 1500 diggers on the spot, chiefly from Melbourne side and the Adelong and Turon fields; they are all, he says, sanguine of success, and one party of old Yankee diggers (experienced hands of the working school) assured him (Mr. -) that these diggings were likely to prove equal to Ballarat. They offered to sell him £500 worth of gold then in hand; but, as he did not go up prepared to speculate, he bought only a few nice specimens, which were dug and washed in the course of half an hour while he looked on; three nuggets about 1½ ozs. altogether, good, strong, nuggetty gold..." Gilbert may well have been amongst them. However, the remote wild conditions and hard work with a pick and shovel undoubtedly ended Gilbert's presence there. Furthermore, many writers have speculated that Gilbert had made Frank Gardiner's acquaintance while at Kiandra. (Good research takes time and effort.) Unfortunately, time, distance and Gardiner's incarceration at Cockatoo Island in 1858/9 preclude any chance of their knowledge of each other before Lambing Flat, c. 1861.

Nevertheless, departing the Snowy's wilds. Gilbert next appeared at Bathurst some 200 miles south and was duly employed as a groom and reputed part-time jockey for a well-liked publican, John DeClouet, known as 'Dublin Jack' in 1860. DeClouet was the Bathurst, Sportsman Arms Hotel's proprietor and a very successful racehorse trainer with many winners to his credit. Within a few short years, Dublin Jack would reacquaint himself with 'Happy Jack' when the bushranger attempted to steal DeClouet's fine racer Pacha;[sic] "Bathurst will be long remembered for its early associations, with the turf. One of the earliest and best patrons of the 'Sport of King's' was John De Clouet or 'Dublin Jack,' a rumour being spread that De Clouet first saw the light in Dublin city where the bogs are all full of rum and fun, and all the girls were plump and pretty. 'Dublin Jack' got one of them for Mrs De Clouet was a fine woman and as plucky as she was pretty. One of the gang, John Gilbert, had once worked at De Clouet's as a stable hand. This was no doubt before he decided to take to the roads as a vocation. Gilbert left a Bible behind when he gave up his job at De Clouet's and probably with a view of winning him to her, Mrs De Clouet brought the bible out and offered it to him. But he waved it back with the remark:—"That is no good to me now, you had better keep it." 
Gilbert himself in 1863 stated;[sic] "made himself known, he having at one time been engaged by that gentleman as a jockey." Subsequently, Gilbert departed Bathurst circa 1860/1 for Murringo (Marengo), a town not far from Burrowa, NSW, where gold mining soon raged in the district. However, as gold was being discovered, Gilbert had commenced horse-breaking and stock work on various cattle stations.

Benjamin Morgan
(b. 1849 - d. 1933)

Private Source.
Benjamin Morgan, a young boy whose father was overseer of 'Narra Allen' and, in later years, his family-controlled 'Kenu Station' in the Murringo district, knew Gilbert as a stockman. Years later, Morgan wrote that John Gilbert was a thin, slightly built man and an excellent horseman who gained the nickname 'Happy Jack'. Morgan remarked that Gilbert was "very jolly always laughing and whistling, we nicknamed him "Happy Jack...”⁴ Writing in his memoirs that Gilbert was in Murringo (spelt Marengo in those times) circa 1860/1. Engaged as a station hand on both "Narra Allen" located in the shadow of Mount Geegullalong between Burrowa and Muringo and "Kenne" (Kenyu Kenu) straddling the Burrowa River, both properties were then owned by James Chisholm. Morgan described Gilbert's employment and shooting through; "his work being to ride amongst the horses and keep them quiet. He worked well and was quite a good fellow, but from the time of the gold rush at Lambing Flat in 1860, Gilbert seemed to follow the wrong path..."

Authors Note; Benjamin Morgan was the fourth eldest son of the late Mr. and Mrs. Jenkin Morgan, who were amongst the earliest settlers. In his infancy, the late Mr. Morgan came from Goulburn — his birthplace — to Boorowa with his parents, his father having been engaged by the well-known Chisholm family (who owned a large stretch of country between Boorowa and Goulburn) to manage the 'Narra Allen' portion of the run, later removing to the 'Kenyu' portion, which he subsequently purchased. (Obituary Burrowa News May 1933)

Australian Gold Diggings
by Edwin Stocqueler.

c. 1855.
Courtesy NLA.

Adjacent to the stations where Gilbert was stock riding was 'Burrangong Station', owned by Mr James White, one of the first European settlers in the remote district. However, for men such as Gilbert, life on a cattle station in the 1850/'60s saw a stockman's work blend from one long day into another. Before long, this idyllic way of life would be considerably changed when gold was discovered on 'Burrangong Station' at the end of June 1860.


A Burrangong stockman named Michael Sheedy, in company with several other hired hands, had been camped at Lambing Flat (the area was used to shelter ewes at lambing time) known today as Young. While looking for horses, some of the men were accompanied by an American employed as the cook. The American had observed that the land was not unlike other goldfields he had worked in America, namely California. Therefore, scraping up a few spades filled with dirt placed in a billy can (a tin used to boil water) and washed with some water produced an astonishing amount of the gleaming gold. This discovery and the ensuing frenzy that followed would be another step in the downfall of John Gilbert.

Lambing Flat c. 1860's.
The report of Gold at
Burrangong.
The gold discovery at Lambing Flat was published in the 'Sydney Morning Herald' on 4th August 1860 (see article right) and thus began one of Australia's biggest gold rushes. As with Victoria, the new diggings amassed thousands of people of all walks of life and brought into focus the scourge of the bush, the freebooter or bushranger who embraced the opportunity for easy pickings associated with gold fever and drunken miners. Following Sheedy's discovery, an article appeared in the newspaper outlaying the reward presented to Sheedy for his lucrative find which dwarfed Hargraves 1851 goldfield at Ophir NSW; "for deciding on claims for rewards for the discovery of goldfields in the south-western district, has recommended that the maximum amount, £300, be awarded to Michael Sheedy, for the discovery of the Burrangong Goldfield..."

Committal of Michael Sheedy,
1851.
Authors Note;
 
Michael Sheedy was born in Kilfinane, Limerick, Ireland, in 1824, the son of John Sheedy and Mary Dinan. John Sheedy was convicted of forgery and transported to New South Wales in 1826 aboard the transport ship ‘Mangles'. He petitioned the Governor of NSW in 1828 to have his family join him in NSW and arrived in 1834 aboard the Andromeda II. Michael married Margaret McIntyre at Yass in 1849. She had been born in Caven, Ireland, to John and Margaret McIntyre. Her father’s occupation was stated as a farmer. Michael’s wife Margaret came to a sad end when she died, on 13th August 1859, due to injuries received when kicked in the side by Hugh Smith. At the time, Margaret, whilst in a state of intoxication, struck Smith, who retaliated by kicking her in the stomach. Margaret was pregnant at the time and died from the resultant internal injuries. Hugh Smith was charged and found guilty of manslaughter with a recommendation for mercy because of great provocation. Michael was described as a ‘bit of a rouge'. In October 1851, Michael was charged with selling a stolen heifer from Patrick Kelly, to ‘Martin, the publican at Yass'. Sheedy was well known in the Yass and Boorowa districts and held a butchers license for Binalong. Michael died at Young, of heart disease, on 1st June 1880, aged 56 years and was buried in the Young Cemetery. Source - Brian James, Young NSW.

William Fogg.
Penzig
Consequently, the ramshackle town of Lambing Flat was created, described in an extract from the 'Goulburn Herald', 1860; "the "Lambing Flat" is situated about thirty-five miles north-west from Binalong, about the same distance westerly from Burrowa, and about twelve miles south-west from Maringo; it is a granite country, with open box-tree ranges, and forms a portion of Mr White's run, called "Burrangong." The diggers expressed a strong desire that the "Lambing Flat" should be proclaimed a gold-field, and that a commissioner should be sent there..."⁶ The proclamation came on the 27th November 1860, "The Gold Field on Crown lands — at and in the vicinity of Burrangong Creek and its tributaries, and at Demondrille Creek, to be called 'The Burrangong Gold Field.' The date of the proclamation is the 27th day of November. A resident commissioner has been appointed in the person of Mr. David Dickson, and we understand his instructions are to reside as near to the goldfield as possible, until suitable buildings have been erected for a police camp."

Sheedy's find spread like wildfire as Lambing Flat became a beacon for merchants and tradespeople—many walking to Lambing Flat from Victoria or across the Blue Mountains from Sydney. Seats on coaches were at a premium. Many of the general stores, hotels and shanties appeared overnight and became gold mines of their own as bullock drays by the dozen carried all the necessities for life. However, one business, in particular, was a butcher shop. The shop was operated by a shady character named William Fogg, who formed a partnership with a notorious and charismatic career criminal and 'Ticket of Leave' absentee from Carcoar, Francis Clarke alias Frank Gardiner. In reality, Gardiner was Francis Christie, an escaped prisoner from Victoria's Pentridge Prison. Gardiner would be the primary force in turning John Gilbert from rambunctious scallywag to dyed in the wool bushranger and killer.


Frank Gardiner, released on a 'Ticket of Leave' from the notorious Cockatoo Island prison Sydney in December 1859, surfaced at the Spring Creek diggings Burrangong. Gardiner and Fogg had been long-time acquaintances from the Fish River/Wheeo area when Gardiner appeared on the scene in early 1852 following his escape from Victoria. Both men were close to another notorious bushranger John Peisley with whom Gardiner was connected in Highway Robbery; "Gardiner, formerly [sic] the companion of the bushranger Peisley, was still at large, robbing right and left, and the terror of the road." The thousands descending upon Lambing Flat guaranteed the two rouges a gold mine of a different sort. Through beef sales to the hungry miners. Consequently, the pair arranged that Fogg operated the butcher business, and Gardiner procured the required cattle. Cattle that were questionably obtained.


James Chisholm
(1806 - 1888)

Courtesy NSW Parliament.

Men and families continued to pour into a new tent city from all compass points to try their luck. Eighteen-year-old John Gilbert was no different. At the news of the gold discovery, Gilbert was swept up in the great rush of excitement. Gilbert endeavoured to end his current work with the highly influential Chisholm family.


Fellow roustabout and horse-breaker, Mr Robert 'Chipp' Thompson, wrote that Gilbert was a crack buck jump rider met resistance from the Chisholm's. 
"I used to do a good deal of horse-breaking with Gilbert, I had finished up breaking horses, and Gilbert left me." With men fleeing, reliable labour was a vexing problem for the large station owners who showed resistance in letting their hired hands resign. Gilbert remarked to Thompson that he would take any measures to gain his discharge"He was employed breaking horses by a squatter, who would not give him his discharge or his money. You had to have a discharge in those days, or you would not get work anywhere else. I was going down to the river and saw Gilbert near the road. I asked him what he was doing. He said, "I am going to stick up that squatter and get my money and discharge." I said, "Don't do that; you are only taking your own liberty away. You'd better come with me. I have more horses to break in." "No," said Gilbert, "I'll make him pay." He did stick the squatter up and tied him to a tree. Gilbert got a cheque from the man, and said, "If this cheque is not cashed, I'll come back and shoot you." However, the cheque was cashed, but a warrant was taken out for Gilbert's arrest, and he took to the bush..."
James Chisholm Stations. The Squatters Act.
John Chisholm.
(1819-1899)
Gilbert also reputedly did stock work for the Mulholland's, who owned 'Stoney Creek Station' situated on Ready Creek. STONY CREEK STATION {Lachlan district); Occupier, Mulholland William; area, 3040 acres; grazing capability, 250 head of cattle. The old charges were £33 8s. 9d.; the recently appraised rental is £50. Bailliere's New South Wales gazetteer 1866. (There is no evidence that a warrant mentioned by Chipp Thompson was ever issued for Gilbert over the incident. It is also speculation that the squatter was James Chisholm as Frederick Chisholm, James' younger half brother, had an active stake in the stations. Another half brother John Chisholm controlled runs as well in the Goulburn district. All three had encounters with Gilbert and Hall. Troubadour, a fine thoroughbred owned by Frederick Chisholm then in control of Groggan Station, was in Hall's possession when shot dead May 1865. However, Gilbert was employed by either James or Frederick Chisholm in c. 1861.)

Frederick Chisholm
1831- 1892.
In 1860/61, the butchering business of Frank Gardiner and Fogg had developed into a gold mine. Gardiner embraced a reputation amongst the miners and families for selling beef at a fair price to the thousands flocking to the fields. Furthermore, due to the high demand for meat, the two men needed more cattle. Cattle to be acquired by any means. "The desperadoes go scouring [sic] the back parts of runs, and take the fat stock away in scores, and drive them off to the various diggings, where they very readily dispose of them." Therefore, Gardiner sought out some of the shady youths loitering around the Flat. Idle youths, too lazy to crack the pick and shovel in search of the yellow metal. Gardiner came into contact with one such fast and flash youth, John Gilbert. By now, a seasoned shyster. Slick in the saddle and having a way with unruly stock Gilbert was the perfect choice for Gardiner's operations. Gilbert was streetwise, plus held intimate knowledge of the surrounding stations whose cattle often roamed unattended. Gilbert's reputation also included being a part-time bush-telegraph. He was never short of a quid and lived
 at ease in a boarding house at Lambing Flat. Gilbert often acquainted his layabout associates of persons who were worth robbing with a sharp eye for easy pickings. However, upon Gardiner's endorsement, Gilbert was hired to obtain cattle for the business.

A typical Goldfield
butcher's shop.
c. 1862.
In this capacity, Gilbert went about visiting cattle stations, many well known to him. He paid cash for so many heads of cattle at one station and at the next duffed 
(stole) a similar amount. By the time Gilbert handed the animals over to Gardiner for slaughter, they had quite a number for a moderate outlay. Gardiner as well undoubtedly sold some stock to other butcher shops at a discount. It was no doubt during this time that Gilbert also came into contact with one John O'Meally, the son of a sheep and cattle station owner of Arramagong Station at the foot of the Weddin Mountains 25 miles distant. O'Meally undoubtedly pitched in. Consequently, Gardiner and Fogg manipulated their advantage to undercut the other butchers. They sold the meat relatively cheaply through volume, making a fortune in the process.

Mrs Betsy Toms.
c. 1920.

Courtesy NLA.
Once more, Benjamin Morgan afterwards wrote regarding Gilbert's employment by Gardiner"even in those days’ butchers in a country town had price wars, and a butcher employed Gilbert to buy cattle for him. For this purpose, Gilbert visited the stations. At one, he would buy so many heads of cattle; at the next one he would probably take a similar number, so by the time he handed them over to the butcher, he had quite a number for a very small outlay. Of course, the butcher could then sell meat very cheaply, and he made a fortune..."⁸ In turn, one of the first residents to the Burrangong/Lambing Flat rush was Mrs Betsy Toms and her husband. She reminisced in her twilight years how she knew Gardiner well and how she had held a soft spot, even at that time, for him in her heart, declared; “he kept the butcher's shop near to our place, and his was the only place at that time where you could get a piece of meat in reason. The prices up to then, and elsewhere, were outrageous and the fooled police said he must have got his meat on the cross (stolen) to be able to sell it at the price. He was the only one willing to make a fair thing out of it. Certainly, there was a lot of cattle duffing – the whole district was alive with it...”⁹ 

As the Lambing Flat butcher's shop was in full swing, it is beyond question that Gardiner made the acquaintance of two local graziers commencing a new venture at a farm called Sandy Creek forty miles to the north. They were Ben Hall and John Maguire, who also drew cattle from the adjacent Wheogo Station. Herding cattle to the lucrative Burrangong field, the two cattlemen were raking it in as the demand from the many butcher shops increased. However, through this association, Gardiner would commence a torrid love affair with the wife of the two men's brother-in-law John Brown and their respective wives' sister. She was Catherine 'Kitty' Brown. A vivacious blonde beauty. Furthermore, another of Ben Hall's closest friends, Daniel Charters, also befriended Frank Gardiner, John Gilbert and John O'Meally. Charters' older sister Margaret Feehiley operated the vast Pinnacle Station and public-house adjacent to Sandy Creek. A known watering-hole of Gardiner, Hall and Maguire; "a short time after up [sic] came three mounted troopers, and it was proposed that Torpy and Greig should accompany them and see if they could not overtake the robbers at a house kept by a Mr. Fielding, or Feeley, which it was thought they frequented. They rode up to Feeley's, and one of the party immediately recognised Gardiner's horse tied up to the fence. The constables rushed into the house and searched, but no robber was to be seen. Upon going outside the door, however, one of them saw a man crouching down, whom Torpy recognised as the man who had just before stuck him up-that is, the man Gardiner."

Lambing Flat.
c. 1862.

Courtesy
Young Historical
Society.
Subsequently, Lambing Flat became a raging mining town with an influx of thousands. With the lack of a cohesive town administration and law and order, the crime rate was soon rampant and chaotic, often overwhelming the small number of NSW Police. Nevertheless, the
 police dealt with crime and the widespread anti-Chinese sentiment prevailing on the goldfield. In 1861 a newly arrived inspector of police and magistrate posted from Dubbo supported the recently appointed Captain Battye to quell the unrest. His name was Sir Frederick Pottinger. Pottinger took command of southern mounted patrol headquartered at Lambing Flat and soon became a nemesis of Gilbert and his mentor Frank Gardiner, and later Ben Hall. To augment the police, military forces were sent in the form of the 1st Battalion of the 12th Regiment despatched to Young as assistance. However, the infectious gold fever decimated the regiment when the military officers and many privates became infected by gold fever, deserted from the regiment, merging with the diggers as gold-getters. (Clune.) 

As Lambing Flat ballooned, the numbers of police were soon increased. The sum total of law enforcement personnel at the inspector's disposal in 1861 consisted of the mounted patrol made up of a sergeant-major, seven sergeants, twelve corporals and fifty-seven troopers. In addition, a foot patrol under Senior-Sergeant Sanderson, Battye's right-hand man, consisted of a sergeant, a corporal, and twenty-one-foot constables to augment the mounted force. All to oversee and police a goldfield of thousands. Therefore, in the unruly and widely dispersed ramshackle settlement, the police had their hands full. However, they were aware of the large-scale cattle duffing in the district and sporadic bushranging through various intelligence forms, Diba Dobers. In turn, Battye was at pains to seek any assistance from landholders to prevent the likes of Gilbert, Fogg, and Gardiner from inflicting this dastardly crime on the surrounding stations.
 
Consequently, to facilitate aiding the police at Bathurst in 1861, a meeting of prominent squatters was called. These wealthy settlers were directly wearing the cost and effects of stock losses. Estimated at over £19,000. The squatters supported the police but attacked the government demanding more police. Furthermore, the landowners also faced the prospect of their extensive holdings being broken up through the approaching Robinson Land Act reforms of 1861. Therefore, as well as land losses, their cattle had also become fair game. However, many of the squatters had strong ties with the NSW parliament and where, in fact, a few held seats in the parliament's chamber. As a result, the disgruntled Lachlan landowners now cried out for more stringent measures to prevent men such as Gilbert and Gardiner's bold method for the procurement of the prized beef; "History proves that all nomadic people are notorious for their disregard of the law of 'meum and tuum'. Mr. Clements stated at this meeting that within the past three months upwards of not less than £4000 worth of cattle had been stolen in three drafts from an area of no more than sixty miles’ square, and the fact set forth in the petition, that "cattle and horses of the aggregate value of £15,000 have been stolen within the last twelve months from the stock-holders on the Lachlan River alone." It is a well-known fact that numbers have grown wealthy upon this infamous traffic and that the wages of a wide-spread profligacy and debauchery are regularly earned from this source. No wonder, therefore, that the stockholders of the squatting districts have taken the alarm, and are endeavouring to organise a comprehensive movement to stem this crying evil. With us, the wonder has been that action has been so long procrastinated, and that something was not attempted years ago towards the suppression of this species of crime. The surest remedy for this state of things would be the location in the neighbourhood or some scores of honest agriculturists, whose good example might be the means of purifying the moral atmosphere of the Lachlan..."¹⁰ If Fogg and Gardiner took one-eighth of the producer's lost earnings, their effort was a bonanza. 

To appease the squatters' concerns and check the prolific theft of cattle and horses by Gardiner and Gilbert and others, the NSW government dispatched Captain Battye to the Lambing Flat goldfield. Battye was a career soldier turned police officer, daring, efficient and unafraid to get his hands dirty. Battye resolved to grab cattle theft and the rising acts of bushranging by the throat. Battye and Henry Zouch (Superintendent of police for the south-eastern district) faced the persisting anti-Chinese sentiment prevailing on the goldfield. In amongst the turbulence with stock theft raging, the Captain encouraged victims to become more proactive, placing a letter to all auctioneers and station proprietors in the 'Burrangong Courier' asking for their co-operation to systematically register their stock brands to 'curb this growing evil'. A copy of the letter follows;

Captain Battye.
c. 1870's
.
Courtesy NLA.
LAMBING FLAT. -- "We have received the following letter from Captain Battye enclosing a "Notice to Stockholders," (which will be found in our advertising columns). We hope it, will draw the attention of settlers and others to the very important matter to which it refers. A little attention on the part of those to whom the "Notice" especially given, would greatly assist the gallant and energetic Captain, in his design "to check at least", if not "effectually stop the crime of cattle stealing:"

DEAR SIR,— You will oblige me by causing the enclosed advertisement that I have had inserted in the Lambing Flat papers, to be made known throughout the Western Districts.   For during the short time I have been in this quarter, circumstances have come to my knowledge, that convince me that mobs of cattle are slaughtered on this goldfield, chiefly brought from the Macquarie, Bogan and Lachlan. 
I am determined to do my best to check it if I cannot effectually stop it, and I only ask this trifling assistance from the proprietors of stock stations, who think it is worth their while to curb this growing evil.

Yours

E. M. Battye, Captain
Assistant- Superintendent of Police.
Police Camp, Young.

However, as nothing passes one's eye in the rough and tumble town, the miners were well aware that Fogg and Gardiner were mixed up in cattle-duffing. Other butchers vying for the shillings of the miners had no trouble in alerting Battye's troopers of the suspect produce sold on the cheap by Fogg and Gardiner. Gardiner before long was exposed as an absconder from the Carcoar district, and known cattle stealer was quickly sought upon discovering an outstanding warrant. The warrant promptly ended the butchering business, as the beef of questionable origin was discovered in a raid. "he was arrested at his shop at Spring Creek, brought into Lambing Flat, and charged at the Gold Commissioner's Court with horse-stealing." In fact, without realising it, Battye had for a brief moment Frank Gardiner in police custody after his arrest;  However, the self-assured Gardiner convinced the authorities that they had the wrong man;[sic] Frank strenuously denied the charge but told his friends that though he was innocent, he believed the man whom, he bought the cattle from was not. Gardiner was let out on bail, and as he could not establish his innocence without the evidence of the man who sold him the cattle.

O'Meally's Shanty
the haunt of Gilbert.

Released, the lucky man bolted back to Fogg's farm on the Fish River (Now called the Lachlan River). However, John Gilbert also shot through as he too came under scrutiny, shifting his swag (belongings) and taking refuge in the centre of criminal activity in the Lachlan district, the Weddin Mountains. Here his tearaway mate John O'Meally kept a shanty. While chumming up with one of the real 'wild colonial boys', the pair stood bar at the O'Meally shanty and family home. A place with a notorious reputation situated on Emu Creek just north of the Weddin Mountains southern extremity and beautifully positioned as the passing road was the main thoroughfare between another newly discovered gold-field at Forbes and the vibrant Lambing Flat.


John O'Meally's relationship with Gilbert was often fiery, and disputes often arose, squabbles that accused the other of lacking gameness. (courage) John O'Meally is described in 'The Biography of a Reliable Old Native', by John Maguire, 1907; "O'Meally was born and reared there, and I have known him since he was a baby. He was tall, smart, and a splendid horseman..." John O'Meally was between 5ft 10in and 6ft, reddish-brown hair or Auburn colour, and as with Gilbert, O'Meally wore it long, grey eyes and held a look of a constant scowl. Another commented on O'Meally that he was; "what in the vernacular of the bush is known as 'flash', there were six sons and three daughters. The sons were all 'six-footers' and as straight as pine-saplings...” O'Meally had earlier been accused of rape with his cousin Patrick Daley and another cousin Edward Fox with whom several crimes were committed. However, the rape allegation was mistaken identity as two others were charged and found guilty of the offence.


Extracts from the
 Burrangong Courier of
 Davis' encounter
 with police and
MaGuinness' shooting.
As well as running with O'Meally, Gilbert as Gardiner's newest recruit, 'Happy Jack', came into contact with many of Gardiner’s closest cohorts, John Peisley, Fred Lowry, John Davis, and the McGuinness brothers, the Fogg's and the Taylor's.

Note: (Johnny MaGuinness was shot dead, believed to have been ordered by Gardiner for not helping Davis during the police encounter at Brewers Shanty on April 1862. Davis was wounded four times by detective Lyons, Kennedy and Sanderson and then captured.) (See articles right.)  

By all accounts, Gilbert was a very handsome young man bordering on femininity and earned a reputation as a stylish dresser taking great care in his appearance and often adorned himself with various trinkets. Furthermore, Gilbert was savvy with a quick and humorous wit and a carefree attitude. Gilbert's popularity with the local darlings had many of them as his lovers and admirers. It was widely noted that when taking a spell from bushranging, he; "perhaps was doing the Lothario business amongst the "pretty horse-breakers" of the Bland and Weddin..." The police in advertisements for the reward of £500 on his head stated that he presented as a fast young squatter or stockman and was particularly flash in his address and appearance.

Others would remember the happy go lucky stockman who on one occasion as a bushranger met up with a former stock-keeper working cattle at a former station Gilbert worked lamented Gilbert's new trade; 'Yass Courier'; "Tailing cattle near there they rode up to him, and Gilbert, who knew him, said "How are you?" got off his horse and had a long talk (offering not the slightest violence), and asked after many whom he had formerly known when he was an honest, light-hearted stock-keeper at the Gap and Mullhollands, but from whom, through his present vile career, he is now widely separated. Whenever any of the good folks around here talk of Gilbert — or 'Johnny,' as they generally term him — the conversation nearly always winds up with a shake of the head and saying "Well, Well, whoever would have dreamt of that quiet, civil-spoken, respectable-looking young fellow, turning out as he has; oh! it is all through that villain Gardiner"

NSW Police Description.
On many and various occasions, Gilbert utilised the disguise of a woman to avoid police scrutiny. John Maguire
 described his attractivenessop. cit. “Gilbert was smarter still, he was a handsome young chap, with a clean feminine face–no side whiskers –wore his hair long. Frequently, after he took to the roads, he used to visit the towns disguised as a girl riding side-saddle...” Mr James Haddon, who was a bullock dray operator out of Lambing Flat, was faced with Gilbert's gun on differing occasions warmly recalled in his twilight years how Gilbert blended in amongst the district race track crowds disguised as a woman; "he remembered clearly, seeing Johnny Gilbert in a lady's riding habit, riding a beautiful black horse side-saddle on the racecourse at Young. Gilbert had a veil drawn around his face as was the fashion in those days..." Another robbery at Old Junee in 1863 Gilbert's own comment and view about wearing female apparel was recorded and the observance of traveller'Freeman's Journal', 23rd September 1863; "he met riding along the road a tall ungainly looking woman, and from what afterwards occurred firmly believes it to have been no woman at all, but Gilbert disguised as one; if so it is not the first time Gilbert has adopted female apparel, for I'm credibly informed that when he stuck up Hammond's station at Junee, one of the servant girls, there was making some remarks upon his long and well-oiled hair, and he laughingly observed "I'm obliged to wear it long for I've sometimes to dress in women's clothes, and I intend to escape out of the country in petticoats" It is well known that he attended the last Young races, mounted on horseback, disguised in a lady's riding habit, hat and feather. His smooth, good looking face much assists him in this respect..."

However, aside from female apparel, Gilbert was more than a game and capable with his fists and could hold his own against all comers. Light on his feet and quick as lightning as John Maguire said after being on the end of Gilbert's bare-knuckles; op. cit. “Gilbert could use his fists well, as I knew to my sorrow, for we had had a big encounter over at the Flat, and I got the worst of it...” Mr Ted Taylor, an old Forbes resident, recalled the bushrangers visiting one of their most trusted harbourers hotel, the Dog and Duck, owned by Tom Higgins, a close friend of Ben Hall. Taylor wrote of an encounter between Gilbert and a stable hand named 'Towny';GOOD WITH HANDS;- "I recollect the bushrangers coming to the Dog and Duck Hotel and holding up the house for the time. It was the bushrangers' habit, when holding a place up, to have all people employed there under their observation. One of the grooms, who went by the name of "Towny," refused to obey the orders of the outlaws, and threatened Gilbert with a pitchfork. Gilbert drew his revolver, and "Towny" remarked, "That he was very brave when he was at the right end of a shooting iron, but that, without it, he would be different."

"Gilbert was very good with his hands, and Ben Hall told him to put away the gun and try the "mitts." "They fought as fair as two men could, and Gilbert won the day; Then good-humoredly, he said — "Drink, all hands, and I will pay." The bushrangers didn't rob anyone there that day, and they did not molest Higgins. Future gang member John Vane would also fall to the skill of Gilbert's clenched fists.

Police Gazette, July 1862.
John Gilbert, and his brothers Charles who was in NSW as John broke out onto bushranging and James, were said to have spoken with the soft Canadian accent and often mistaken for Americans. This police description was noted of Gilbert's older brother Charles in November 1862; "he is a particularly fine square-built young man, aged 23 or 25, about 5 feet 11 or 11 1/2 inches high, about 12 stone weight, fresh brown complexion, high cheekbones, brown eyes, hair dark, wiry and long, worn native fashion, largemouth, fine teeth, small downy moustache, and tuft at the tip of the chin. He described himself as a Yankee, arrived some years ago in a revenue cutter; he seems, however, more like a native. He has evidently been in New York and was also well acquainted with the Victorian goldfields. He is very well informed and of good address. He rode well and was mounted on a half-broken three-year-old. When arrested, he had boils all over his hands and arms; he then gave the name of D'Arcy. He is now supposed to be with John Gilbert..."¹¹ Charles Gilbert eventually departed Australia and resettled in the USA under his mother's maiden name Wilson. He died in San Francisco at about the same time as the reputed death of Frank Gardiner - c. 1906. However, there has never been any confirmation of Frank Gardiner's demise in the USA, just rumour and innuendo.
                                                                             
'The Darkie'
Coloured by me.

Meanwhile, as Gilbert laid low at John O'Meally's while the police were ferreting him out, his former boss Gardiner, having unwittingly been set free by Battye at Lambing Flat, disappeared resurfacing at Fogg's farm, Fish River 100 miles away in June 1861. The warrant for his arrest as a 'Ticket-of-Leave' absconder from Carcoar, two mounted troopers were dispatched by presiding magistrate Beardman to apprehend Gardiner. Constable's Hosie and Middleton discovered their man, and, after a brief fight, both officers were wounded when Gardiner opened fire. Gardiner rushed Middleton but was overpowered and severely beaten with the officer's riding-whip. Handcuffed and guarded by Hosie, Middleton rode off for assistance. Gardiner, through a bribe given by Fogg to Hosie, shot through. However, it was reputed that Gilbert was connected with Gardiner's freedom, later disproved. However, in 1864 Gardiner would be tried for the police's wounding and found Not Guilty as the defence counsel claimed that Gardiner did not know who was after him he fired in self-defence. The Jury agreed.


Fleeing Fogg's farm Gardiner returned to the Lachlan, arriving at the Wheogo/Weddin Mountains area. He convalesced from his thumping amongst many friends and admirers, none more so than a beautiful young blonde woman Catherine 'Kitty' Brown. A married woman and sister to the wife of local squatter and Gardiner acquaintance John Maguire. Gardiner formed a torrid romance with Mrs Brown, who was fourteen years his junior. Following his narrow escape from police at Fogg's and recuperation in the arms of 'Kitty' Brown at Wheogo. The 'King of the Highwaymen' was soon back brandishing his revolvers in the early weeks of 1862 with Gilbert and John O'Meally by his side. Gardiner and his apprentices commenced bushranging operations throughout the Bland, Lachlan, and the Levels surrounding districts, where they soon commanded the Queens Roads.


Gilbert roamed far and wide during Gardiner's recuperation bailing up as the opportunity arose for easy cash and continued to come and go from the O'Meally shanty at Arramagong with fellow roughneck John O'Meally. Gilbert and O'Meally conducted robberies themselves. One of their first victims was a local employee of a Mr Curren bailed up near the O'Meally shanty. The fellow was roughed up by O'Meally for his delay and coughing up his and Curren's money and pinched his boots; 'The Maitland Mercury and Hunter River General Advertiser' Saturday 22nd February 1862; STICKING UP -- "We are informed that a person in the employment of Mr Curran travelling from Lambing Flat to Forbes a short time ago was stopped by bushrangers and robbed of £80 the property of his employer; £6 his own property a valuable horse and the very boots off his feet. The robbers first took his own money, which chanced to be in his pocket, and then his horse. The man attached great value to this animal and offered them £20 if they would return it. They demanded at once that he should tell where the money was secreted when he confessed it was in his boots. They immediately knocked him down, dragged them off his feet, and left him in a destitute condition above described." - Western Examiner, Feb 15. Upon completing their robberies, the merry band would retreat to O'Meally's bar no doubt for want of alibi's. John Maguire writes, op. cit. “both these men at this time kept a shanty at the point of the Weddin Mountains, on the road from Lambing Flat to Forbes, Gardiner used to frequently hang out there...” The shanty that Maguire alludes to is the public house built by old O'Meally. Known as the 'Weddin Mount Inn', which had a notorious reputation and was frequently raided by the NSW police. The Inn would eventually become a police station, and the O'Meally's moved further up Emu Creek to a new shanty. (See Map Above.)

However, the pair back in a rejuvenated Frank Gardiner's company conducted robberies on the roads to and from the Lambing Flat diggings, "Gardiner, the bushranger, is [sic] again on the road between this and Lambing Flat, and on Friday stuck up and robbed two drays, taking provisions and spirits, as also clothing for his winter supply, as he termed it."  Often holding as many as 40 people captive at a time. The victims would quite often be treated to a festive affair with fiddlers playing and dancing the order of the day, then stripped of their possessions“Gardiner himself stuck up 32 people at a station, took all their money, and—there being a fiddler among the crowd proposed a dance, selecting a lady well known on the Indigo for his partner; the company amused themselves for some time when he took round the hat for the fiddler, but on being reminded that he had all their money, he made him a handsome donation. Of course, before leaving, he kissed his partner. From what we hear of his dashing appearance, his noble steed, and splendid horsemanship, we should not be surprised to hear ere long of people — ladies especially — going out of their road for the pleasure of being robbed by him the same as they used to do in the days of Gardiner's great prototype — Claude Duval.” It was stated that Gardiner so held the Queens roads that all one needed to be unmolested was a ticket to pass; "it asserted that the bushranger Gardiner is supplied with information by numberless accomplices both in the township and along the roads; a journalist has had it said of him that he can secure any friend from Gardiner by giving "passes." However, during the early period of stockwork, John Gilbert had already made the acquaintance of a man who quickly became both friend and at various times adversary... Ben Hall.

There has been speculation as to the foundation of Hall's relationship with Gilbert. However, it was reported by a local squatter in 1863 that the men had been acquainted for some years. As far back as 1860, soon after Gilbert arrived at Murringo breaking horses and was employed in various stock work with some graziers, knew Hall well. In Ben Hall's company, Gilbert joined expeditions out on the Lachlan Plains for the unbranded cattle otherwise known as Duffer's; "Duffer, it simply means clean-skinned animals, which are appropriated by whoever can get them into a yard..."¹² These forays also included snagging wild horses whilst camping out on the Bland and Lachlan Plains. Evidence suggests that Ben Hall may have even this early dabbled in the sticking up game; The squatter writes in 63 as Gilbert's bushranging blossomed and he had assumed a leadership role following Gardiner's disappearance from the Lachlan in late 1862; "about four years since, whilst taking some cattle overland from my station on the Lachlan, I fell in with young Hall, who was then stock-keeping for his brother near Bundaburra. He, O'Meally, Gilbert, and some others had all just returned from their usual trip after cattle, and on my asking them what luck they had met with, they replied "they had camped out for three nights at a place called Humbug Creek, but had met with little or no cattle, only in one mob there were a few duffers..."¹³ The axis of evil was coming into being. It was also recalled of Hall and Gilbert when fencing for Mrs Walsh of Wheogo Station one Sabbath and were admonished by a minister of the cloth doing his rounds; “on one occasion the same preacher was travelling near the residence of Hall, on a Sunday, when he discovered Ben, Gilbert and others doing some fencing. Reminding them of the sacred character of the day, the preacher was surprised to learn that they did not know it was the Sabbath. They referred the point to a lady who happened to live in a homestead near, and on the statement of the preacher being confirmed they, immediately ceased their work for the day. Facilus descensus averni.”

NSW Police Gazette
April 1862.
However, with Gardiner back at the Lachlan, it was reported that;[sic] "There is still a great deal of sticking-up in the vicinity of the Western gold-fields. Gardiner, the bushranger is plundering on the road between the Lachlan and Burrangong..." Gilbert was Gardiner's constant companion, including John O'Meally and others such as John Davis. John Davis was a carpenter by trade and had built the O'Meally's hotel at the Weddin, joining Gardiner, a frequent visitor in highway robbery. This was recounted in the 'Freeman's Journal' 9th April 1862 of the Gardiner sticking-up process; The Modern Claude Du-Val.— "As Gordon's coach on its down trip from the Lachlan was being tooled along a good road by Fred Newman, about twenty-five miles from the diggings, two horsemen suddenly appeared on the road with an imperative "stop" to the driver. Twigging a 14-inch Dean and Adams in the hands of the speaker, Fred, received orders to drive into the bush. They stopped at about half a mile and demanded the money of the passengers—£2 from one, and £30 with a watch and ring from the other, being luckily their only booty. They were exceedingly polite and disdained to touch the silver. A number of private letters for different people in Chiltern and Rutherglen were returned to the bearer, on his saying he believed there was no money in them. It is almost unnecessary to state that Gardiner and his mate were these very polite highwaymen. The man robbed of the £30, &c., now a mate of Tom Watson's, of "jeweller's shop" notoriety, was formerly a mate of this very Gardiner's in some other walk of life. The following is -the colloquy that ensued between them: — J. M’Auley. "I did not expect this from you, Frank." —Gardiner: "I expected to get £1000, or at least £400 or £500, from you, Jim." — J. M'Auley: "Well, give me back my watch and ring." — "Not now— I will return them another time." The gentlemen of the road then shook hands with them and departed. It will thus be seen that the fact of a mate of the man that had the first 'jeweller's shop' on the Lachlan being in the coach was the cause of its being stuck up— so much for notoriety of any description." The 'Modus Operandi' described in the above robberies was to become Gilbert's trademark as well. The majority of his future engagements saw the extraction of silver coins from Gilbert's victims rarely procured. Gilbert would ultimately become the quintessential bushranger and, to a degree, an entertainer during his robberies. Gilbert's leadership of the Lachlan bushranger's only passed on to Ben Hall after Gilbert's many long absences, and the press in time referred to 'The Boy's' as Ben Hall's gang. (Jeweller's Shop is colloquial for a gold mine lease.)

Great Eastern Hotel, Forbes.
Hangout of John Gilbert, Hall,
Gardiner & Co.

c. 1862.
N.L.A
Gilbert was also known to frequent Forbes and the hotels and dance hall's where mayhem ruled. Furthermore, Ben Hall's marriage breakdown was often seen with Frank Gardiner, Gilbert, and John O'Meally. However, Maguire would write in his golden years his own account of his friendships with Gardiner and his entourage, who regularly visited his home during those turbulent times. (See Links Page.)

The frequent visits to Maguire and Hall's property Sandy Creek occurred before and after the breakdown of Hall's five-year marriage to his wife, Bridget. A breakdown many who knew the amiable grazier believed responsible for Hall's lawless career. For Ben Hall, it was a turbulent time as his wife had taken a lover and shot through with a known associate of both Gardiner and Fogg, one James Taylor. While mixing together, Hall, Gardiner and Gilbert were seen regularly on a spree in the booming gold town of Forbes, often under the police's very noses.[sic] "Gardiner the bushranger, is again on the road between this and Lambing Flat, and on Friday stuck up and robbed two drays, taking provisions and spirits, also clothing for his winter supply, as he termed it..."

In early 1862, a former publican of the Great Eastern Hotel, Forbes and reputed Gardiner confidant, Mr Charles MacAlister, would later pen in his memoirs, "Old Pioneering Days in the Sunny South," Gilbert's shenanigans in Forbes circa 1862. Furthermore, even at this early stage, MacAlister's comments highlighted that John Gilbert and Ben Hall's activities were widely known by the leading citizens at Forbes and that they were indeed bushranging. Gilbert was a suspect in the Horrsington and Hewett robbery of March 1862. However, it has been disproved. On giving evidence at Gilbert's death inquiry, Robert Hewett, victim, fails to name Gilbert as one of the March 62 robbers. A robbery that cost him a pretty penny;  Robert Henry Hewett, being duly sworn, states: "I reside in Burrowa; I was formerly a storekeeper at Wombat, and when there knew the deceased John Gilbert; he was frequently in my store, and I saw him almost every day for about four months; I saw him last on the 10th of March, 1863; I have seen the body now shewn to the jury, and identify it as the body of John Gilbert; I have no doubt whatever of the fact."

R.B. Mitchell letter
condemning Hall's
acquittal.
However, on the 14th April 1862, Gilbert and Gardiner with the aforementioned Ben Hall and another John Youngman, an employee of Hall, 'Bailed-Up' the bullock-drays of William Bacon (Benkin) outside Forbes. With revolvers drawn, they stole a large number of goods. An employee of Bacon's, Edward Horsenail, later attested at Hall remand hearing that;[sic] "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..." During the robbery, Gardiner ordered both Hall and Gilbert to round up two passing riders who subsequently were robbed and held with the dray operators.[sic] "the man I supposed to be Gardner, noticed two men on horseback passing along the road and ordered the prisoner, with another, to go and fetch them in; they did so; they bailed them up also, and took a saddle from them."

Gilbert was now viewed as Gardiner's Lieutenant following the capture of Gardiner's good mates, John Davis at Brewers Shanty Little Wombat by Police officers Lyons, Kennedy and Sanderson. The encounter and gunfight saw Davis severely wounded but miraculously survived the gunshots. Davis was then tried and sentenced to death. Luckily for Davis, his sentence was commuted to life. However, with Davis captured, bushranging by Gardiner continued The Golden Age 4th June 1862; "Bushranging, it seems, is again the order of the day at Burrangong. Several parties have been stuck up and robbed on the road between the Wombat and Petticoat Flat. One man was eased of £16 17s., besides his pipe and knife, and was told at the same 'time to thank Frank Gardiner for leaving him his tobacco and two fourpenny pieces, which were returned to him."

NSW Police Gazette
May 1862.
In May 1862, Gilbert appeared in the NSW Police Gazette for robbing a Mr William Bell, a butcher from Stoney Creek, Lambing Flat of 3s 9d, which was returned to the unfortunate victim, most probably as the two bushrangers either knew him from their days in the butcher's trade or more likely as would be seen in many future robberies they didn't steal one's silver. Gilbert and two others suspected as John O'Meally and Gardiner robbed four German miners soon after Mr Bell.

NSW Police Gazette
June 1862.
Gilbert had crossed the line and became a fully-fledged bushranger. Building a reputation as daring and game (brave) in his manner of attacks and was reported as very cool, calm and collected when conducting these depredations. There may even be some conjecture that the mystery person in Gardiner's famous photo and another, long believed to be John Gilbert, maybe actually be John Davis? 
(Below right.)

Frank Gardiner &
 John Gilbert c. 1862.

Gilbert and John O'Meally were now constant companions of Frank Gardiner roaming and robbing throughout the Lachlan and the Bland Plains, including when times got hot of laying low at the O'Meally's shanty on Arramagong Station'. Arramagong covered some 30,000 acres at the foot of the eastern extremity of the Weddin Mountains. By the end of 1861, O'Meally's father sold off Arramagong but remained in residence as an illegal squatter. For Gardiner, petty and small rewards did not provide him with the funds necessary to quit bushranging. A desire that had been building so as he could flee with his lover Mrs Brown. As such instant riches were required, and Gardiner's eyes looked towards the gold escorts.


John Gilbert was about to embark on one of the boldest robberies in colonial time, The Forbes Gold Escort Robbery. Gilbert would play an instrumental part in Frank Gardiner's most daring heist. The 'Forbes Gold Escort' robbery at Eugowra 25 miles east of Forbes. John Gilbert's involvement was from the very outset. The plan hatched and formulated over two weeks with planning conducted at John Maguire and Ben Hall's huts at Sandy Creek station, both of which were also utilised as the rendezvous for the gang's meetings, then departure. The heist was planned for 15th June 1862. Maguire wrote in his narrative; Maguire op. cit. "it was with Gardiner that the idea of taking the escort originated and took a fortnight to prepare for the attack. For some months before Gilbert and O'Meally were Gardiner's constant companions, and they had been talking about it together. They were getting full of the petty bailing-up business, and wanted to make a grand haul and then quit the country..."


"..make way for the
 Royal Mail."
John Maguire was fully included in the preplanning, although Maguire didn't participate in the physical robbery at Eugowra. However, he was fully aware of who was involved in the attack.  The gang comprised leader Frank Gardiner, Gilbert, Ben Hall, John O'Meally, Daniel Charters, Alex Fordyce, John Bow and Henry Manns. They set off from Sandy Creek on the 13th of June 1862. While proceeding, Gilbert, fond of his revolvers, lost one and went to turn back to find it when Gardiner said: "Leave it." "It is your own fault for not securing it." However, as the men wound their way to Eugowra, Gardiner despatched Gilbert, Hall and O'Meally to Forbes to procure some equipment. The items were six double-barrelled guns, some rations, an American tomahawk, some blacking, some comforters, some caps, and a powder flask. Charters later recounted, "Friday we got within six miles of Forbes, and camped there; afterwards, we went on within a mile and a half of the police camp at Forbes. We camped again, and Gilbert went into Forbes;" "
Gilbert returned about one or two in the morning; he had three other men with him; one of them "Charley," (Ben Hall) I had some knowledge of. One was called "Harry," and the other "Billy;" (John O'Meally) I saw him (Harry) in the Sydney Police Office since; Gardiner said shortly after that "no man's name was to be mentioned, but it did not matter about him." Charters continued; "When the men came they had six guns, and the other articles which were sent for; they had some rations also, and we consumed part of them. Heard Gilbert say he had great trouble in getting the guns and the axe, as there was only one store where he could get one. One gun with a rifle barrel and a nice carved stock, Gardiner chose for himself." "Gilbert cut down the fence at Roberts', and we went on towards Eugora; Gardiner rode mostly behind the others; I asked him where we were going; he said he'd tell me by and bye; we camped on the Saturday night between Eugora and Campbell's. On the Sunday, Gardiner rose early and ordered the arms to be loaded." Arriving without incident at the Eugowra Rocks and where, before the coach's arrival near dusk on that fateful Sunday 15th June 1862, Gardiner took advantage of some passing bullock drays to create an obstacle for the oncoming coach to negotiate and marked out the firing distance;[sic] "Gardiner hid his men behind some large rocks by the roadside, having first forced a number of carriers to block up the road with their wagons. The long-expected coach came in sight. "Make way for the Royal mail," cried the driver John Fagan, as he noticed the teams on the road. There was no answer, and again he repeated the order. There was no answer but the echo of his voice...” 

Escort Coach.
 The photograph was taken in
1917 by WH Burgess JP.
(See Authors Note.)
 
The echoes of Fagan's voice faded, a crack of gunfire erupted, and a barrage of bullets crashed into the gold escort coach, splintering timber and wounding several unsuspecting policemen, including the man in charge, Sergeant Condell. The rapid-fire noise of the gun's discharge startled the horses, which bolted, flipping over the stagecoach. The escorting troopers outgunned and, under intense fire, dragged their wounded comrades from the fury of the bullets managing to retreat into the nearby scrub. Fagan seeing the descending bushrangers scrambled to clear out, called to the ruffians, "don't shoot me, for God's sake." Retreating the injured, police made their way to Mr Hanbury Clement’s farm as the armed robbers Gardiner, Gilbert and company ransacked the coach and cleared out with over £14,000 worth of gold and cash. Roughly $5,307,200 in today’s value.

Authors Note; The image right was believed photographed in the yard of Dr Roberts property in Moulder St Orange 1917 and is of a Concord Coach, the property of Ford & Mylecharane. John Fagan, the driver at the time of the robbery, stated, "I had four horses in my coach; I lost some of the horses in the attack; they were the property of Ford and Co,; Phil. Mylecharane was one of the owners." The reverse of the photograph states, "This photograph was taken by me, W.H. Burgess of Calias, Bay Road, North Sydney. It is of a stage coach owned by Cobb & Co., and was stuck-up in the vicinity of Euganda by Gardiner's bushranger gang. At the time it had the gold escort with it. The bit of wood accompanying this photo was taken by me from the body of the coach as it stood in 1917 in the backyard of Dr. Robert's of Moulder St., Orange. W.H. Burgess." (Source: 'A Yankee Mounted Trooper' by Dick Adams.)
Wheogo Hill, view looking South-East towards Grenfell with Weddin Mountains in the distance right. Sanderson approached the hill from Ben Hall's home to the extreme left and out of sight.
Courtesy Peter C Smith'sTracking Down the Bushrangers'
Delightful yells from the robbers reverberated amongst the rocks. The band loaded their treasure, made a slow and methodical exit from the scene of their triumph, and crossed Mandagery Creek and the Lachlan River. John Gilbert and his cohorts remained together zig-zagging their tracks en route to Wheogo Hill, 60 miles from the scene of action. En route, Gardiner, conscious of the police black trackers' skill, ordered Charters, who was leading to, "go as crooked as you can, so as to bother the trackers." as they proceeded towards Wheogo Hill to divide the spoils of their success.

Escort Rock. View towards
the coach's approach.

Authors Photo.
Gilbert’s bounty was 320oz of gold and £435 in cash - a fair fortune in 1862. Settling on Wheogo Hill to divide the riches, Gilbert reputedly made a run to Maguire's two miles off for rations returning with bread and meat. However, Charters may have misled the court in this matter as Johnny Walsh present at the Hill was no doubt the runner for the needs of the men. Following the gold's and notes division, a need for more capacity to carry the individual shares of the heavy gold required saddlebags; therefore, Daniel Charters (who would later turn informer) was dispatched to his best mate Ben Hall's hut to gather the items. Historically, h
owever, there have been accounts that indicate Gilbert was the accomplice sent on the errand. He was reputedly the rider the police sighted approaching Hall's and who, in a panic, turned and fled, raising the alarm as he bounded up Wheogo Hill. Unfortunately, evidence strongly draws Daniel Charters into focus as the rider as Charters was proven to have obfuscated much of his testimony and blatantly lied under oath at his future Escort trial to lessen his culpability and to protect Hall and O'Meally. Sadly, his testimony has been widely misused ever since. John Maguire’s account of the occasion stated; op. cit. "it was to Hall's, not my place, that Charters, not Gilbert went. Hall had told them previously that they could get them. It was from here that the police galloped after Charters to the mountain..." It made sense by Gardiner to send Charters as he knew the terrain around Wheogo and Hall's property intimately. (It was much later exposed that the real amount taken by Gardiner may have been as much as 5509oz and £7490. Much of the gold and the notes were consigned for transport by the Oriental Banking Co, who were reluctant to offer the true loss to the government.)

However, of interest and much overlooked is 
Hanbury Clements
c. 1881.

Private Source.
young Johnny Walsh's role following the men's return to Wheogo Hill. 
'The Warrigal' was undoubtedly the link for fetching the victuals needed to sustain the men on the hill as the robbery proceeds were divvied up. Therefore, the person Gardiner sent to Hall's for saddlebags may well have been Walsh, who also retrieved food earlier from Maguire's and not as suspected Gilbert nor Charters.

Strong evidence suggests that the 'The Warrigal' was sent to collect the saddlebags from Hall's as he would have not raised suspicion. Maguire instead named Charters to protect the young larikin, who quickly turned and fled when seeing the troopers. Sanderson believed that the rider was a bush telegraph or scout. Maguire had a set against Charters over a suspected love affair between Maguire's wife Elen and Charters while Maguire was incarcerated. However, Maguire dropped Walsh in it when he divulged that the young lad received £100 for his assistance on Wheogo Hill; Maguire op. cit. "When Gardiner's gang was dividing the money-taken from the Eugowra escort robbery, Gardiner in referring to young Walsh, "Here's the boy, He's got to have something." The others agreed that my brother-in-law was entitled to something. So they-gave him £100; in notes, all fivers. The boy had never seen so much money in his life before, and he was the proudest in the whole company." Sadly for the 'Warrigal' his devotion to Gardiner would cost him his life.

Charles Sanderson.
c. 1896.
As Pottinger and his contingent made for Eugowra, Sanderson decided to take another route that brought him to Ben Hall's home. Arriving at Hall's, his tracker Hastings spotted a rider fleeing. Thinking it was a bush telegraph, the police gave chase. In 1903 Sanderson recalled in 'Old Times' his action and of reaching the Wheogo camp; "On leaving Forbes I took four men and a black tracker, with the object of moving in a different direction, as it was only natural to suppose such a large party of bushrangers would separate. I camped by the banks of the Lachlan, and as there were no tracks on the opposite bank, I presumed some of the men had made for the Weddin Mountains. When we reached Ben Hall’s house near Wheogo, the tracker noticed a man riding from it for all he was worth. Surmising this was a bush telegraph, we followed him immediately, and in course of time, his tracks brought us to a camp, which had evidently been abandoned in a hurry. We pushed on as fast as we could and were soon rewarded by seeing a packhorse in the trees ahead. When we came up with it we found four bags of gold, containing 1239 ounces, strapped to the saddle. It was then dark, and as we consequently could follow the tracks no further with them in that condition, we returned to Forbes, consoling ourselves that if we hadn’t caught anyone, we had recovered part of the gold." When on Wheogo Hill Sanderson noted Warrigal's supply chain; "at the top of the mountain I found the remnants of a camp; there were sixteen empty bottles; some contained remnants of port wine, some of gin, some of rum, some of ale; there were biscuits about and tea with milk in it; I did not see how the robbers could have got milk on the spot without going to the stations round about; there were remnants of beef, bits of bread! pieces of green hide tied to bushes, and bits of red tape.." However, luckily for Gilbert, upon hearing the call of the troopers galloping approach, it soon became every man for himself. Gilbert jumped on his horse and bolted, leaving Gardiner, Charters and Walsh on his arrival atop the hill to cope with the pack-horse that held the robbery's remaining proceeds, including Charters' share. Now hot on their heels, the police forced Gardiner to abandon the animal which had triumphantly fallen into Senior Sergeant Sanderson's hands.

Daniel Charters
c. 1862.
Coloured by me.
For the first time in his lawless career, Gardiner panicked, making a catastrophic mistake. Fearing that, the police were almost upon him and the pack-horse slowing their escape. Gardiner dropped its reins and galloped off, leaving his, Charters and Fordyce's share on its back calling out, "Go your own roads, and look after yourselves" this command was promptly acted upon, the other three promptly, disappearing in various directions..." However, in the fading light of the day, if Gardiner had held his nerve, the oncoming darkness would have assisted his escape. Sanderson would later state at Gardiner's folly that he never got within five miles of the group. 

However, Gilbert was long gone and shortly after joined his brother Charles. Extract from 'Sydney Mail’ on 28th June 1862; "the chase down the hill again, over rocky ground, and through dense scrub, was then resumed for about twenty miles, during which, at a gallop for most of the distance, the blackfellow never once missed the track. They then come to a point where the robbers divided into three parties, and by the greatest good fortune, Mr. Sanderson selected the track that the pack-horse party had taken, and he soon overtook the horse laden with gold and firearms, completely done up. Though Mr. Sanderson never sighted the robbers once; it is certain that the scout warned them of Sanderson's approach with his men, and in their flight, the robbers thought him much nearer than he actually was, as they abandoned the pack-horse without attempting to make away with the gold, though Mr. Sanderson tell me he does not think he was ever nearer than five miles of the robbers, and they would have had ample time to unload the pack-horse before he could overtake them..."

Charles D'Arcy Gilbert,
with daughter.
c. 1870s

Never before published.
Private Source.
In the weeks before the Eugowra robbery, Charles Gilbert had travelled to NSW and the Lachlan searching for his wayward brother arriving in May 1862. After a stint of gold mining in New Zealand with older brother James Gilbert, they departed Dunedin in February of 1862. Under instruction from their father, Charles proceeded to call his youngest brother home to Victoria and out of the bushranging game. Arriving at Young, Charles sought out his brother; "Previous to leaving New South Wales, I [sic] had some intercourse with my brother John, but had never while there heard anything prejudicial to his character; but my suspicions were awakened by what I heard alleged against some of his associates, and I therefore deemed it my duty to persuade him to abandon them and that colony, and accompany me to New Zealand via Victoria." Under the pretext of mining at Young, Charles maintained contact with John. Although there is no direct evidence of Charles partaking in any nefarious activity regarding his brothers' criminal behaviour, Charles undoubtedly had knowledge of Gilbert's association and 
participation with both Gardiner and O'Meally in crime. Charles remained in the Lachlan as John Gilbert conducted the gold robbery at Eugowra and may even, with the knowledge, waited until his brother's riches were distributed. Escaping Wheogo Hill, Gilbert made for and laid low, no doubt at O'Meally's shanty, for a couple of weeks with his brother Charles and prepared to commence the long journey home to Victoria at his brother's insistence.

After the events of the discovery of the hideout at Wheogo and Gilbert's fleeing leaving Gardiner to cope alone, it came to light that Gilbert's actions caused friction and ill will between the two bushrangers, and it is believed they went their separate ways, never to come into contact again, as noted from an article in a Queensland paper in 1864; "it appears that he (Gardiner) is prepared to challenge detection by his late mates, except, perhaps Gilbert, with whom he had a difference before leaving New South Wales..."¹⁴. Having deserted Gardiner, John Gilbert hold-up at O'Meally's Shanty at the Weddin Mountains.

NSW Police Gazette,
18th June 1862.
A little-known fact regarding the Escort robbery events was that some hours before the fateful Gold coach departed Forbes for Orange, two other passengers on board and the police troopers. They were Police Magistrate for Forbes Captain Brown, a long-time friend of Captain M’Lerie and the Gold Commissioner for Forbes Mr Grenfell, who had previously sent Ben Hall to Orange to face trial for the Bacon Dray Robbery in April of that year. The two men left Forbes on horseback. This was reported in 'The Courier' on Tuesday 8th July 1862. It also reports the initial police movements at the commencement of the hunt for the gang; Captain Brown and Mr. Commissioner Grenfell were to have come down by the escort but owing to special instructions from Inspector General M'Lerie, they came on horseback and were some miles in advance of the escort when the attack was made. Early on Tuesday morning, Mr. Superintendent Morrisset, with a detachment of six troopers, passed through this town en route for the scene of attack; and on Wednesday morning a couple of troopers from Stoney Creek also set out for the same destination. On the arrival of the Forbes mail-in Orange, on Wednesday, we were informed that two troopers belonging to Sir Frederick Pottinger's party had returned to Forbes to obtain fresh horses, theirs being knocked up. These men report that they had tracked the bushrangers to within a short distance of Finn's public-house on the Lachlan, and within ten miles of Forbes. The rain had, however, set in, and destroyed the tracks. The black trackers could only discover the tracks of six horsemen.”

Whether or not the gang waited for the approaching coach and before blocking the road, the villains watched the two men pass is unknown. However, Sanderson's success saw the following telegram urgently dispatched and received by the Inspector General of Police from Mr Morrisset, superintendent of Western District Police following Sanderson's recovery of the Eugowra gold; - "Senior Sergeant Sanderson returned to Forbes yesterday with half the gold taken from the Escort on the 15th instant. It appears that when near Wheogo, Sanderson's patty saw a man at a distance riding towards them, who, when he saw the police, at once turned and rode back full gallop the police following on his track ran to the top of a high mountain, from which four others had just descended. Having one of the police black-trackers with them, the police were enabled to follow their tracks for twenty miles. The bushrangers, finding themselves so hotly pursued, let their pack-horse go, and on him was found about 1500 ounces of gold, a police cloak, and two of Terry's carbines lost by the guard of the Escort. Sanderson's horses being quite knocked up; the party was compelled to return. I start with Sanderson to-morrow or next day in pursuit. Sir Frederick Pottinger's party have not yet returned since they started."¹⁵

The press was clamouring for news of the sensational events, and reports of the gold recovery and the police's efforts in their pursuit were devoured by the populace. Every journal was jockeying for the most spectacular information or witness accounts; THE LATE ESCORT ROBBERY. THE ROBBERY OF THE ESCORT. — RECOVERY OF 1500 OUNCES OF THE GOLD. — "We have already given full particulars of the cowardly attack made upon the escort on the 16th instant by a band of armed ruffians, and the few additional particulars which have come to hand shew that these men have not the slightest claim to that morbid sympathy which is sometimes evinced for men who, in the prosecution of their villainous plans, display great personal bravery. As our readers are aware, the bushrangers had arranged drays across the road so as to leave only a narrow pass close to a rock by which they were concealed. As the coach passed, six of their number fired and then drew out of range, and other six or seven discharged their volley at the escort before the police could return the fire. Two of the horses were wounded, and the team started off, upset the coach, and turned out the escort. One of the constables appeared to be mortally wounded by the overthrow. While a comrade was carrying him into the bush, they were seen by two of the bushrangers who, after uttering an obscene expression, fired upon them. One of the bullets inflicted a most dangerous wound on the already wounded and helpless man. It is remarkable that one of the balls which struck sergeant Condell tore a piece off the invoice of gold and cash transmitted under the escort— the document being at the time in the sergeant's breast pocket. This paper shows that in all there was cash to the amount of £3700, and 2719 ozs. 9 dwts. 6 grs. in gold— the cash being for the banks, and the gold for the Master of the Mint. As a matter of fact, however, the gold was also the property of the banks but was ordered to be transmitted to the Master of the Mint in the usual course of business. It was on Monday reported to the Bank of New South Wales that 1500 ounces of the stolen gold have been recovered."¹⁶

Newspapers continued vying to print every morsel of information from any source over the now infamous Lachlan Gold robbery; — Late Escort Robbery."We have been furnished with the following letter, received by a gentleman in the city from his correspondent at Forbes. As it contains some particulars of the recovery of a portion of the gold stolen from the escort, it will perhaps be interesting to our readers - "Forbes, June 22, 1862. "Dear Sir, Inspector Sanderson arrived Yesterday, at 4 p.m., with about 1400 ozs. of gold taken from the robbers. He sighted one of their scouts near to Wheogo, and gave chase, but too far behind to get within rifle shot, and he soon disappeared. Mr. Sanderson and four men followed his tracks, by the aid of a black tracker, and came to the robbers' camp on the top of a very high hill. They had but lately left, and the remains of their meal were lying about, consisting of tea, milk, port wine, and other delicacies of the season. The chase down the hill again, over rocky ground, and through dense scrub, was then resumed for about twenty miles, during which, at a gallop most of the distance, the blackfellow never once missed the track. They then come to a point where the robbers divided into three parties, and by the greatest good fortune, Mr. Sanderson selected the track that the pack-horse party had taken, and he soon overtook the horse laden with gold and firearms completely done up. Though Mr. Sanderson never sighted the robbers once; it is certain that the scout warned them of Sanderson's approach with his men, and in their flight the robbers thought him much nearer than he actually was, as they abandoned the pack-horse without attempting to make away with the gold, though Mr. Sanderson tell me he does not think he was ever nearer than five miles of the robbers, and they would have had ample time to unload the pack-horse before he could overtake them. The conduct of Sanderson is beyond praise, and he was most ably seconded by his men, consisting of senior constables Armour and Burke, constables Powell and Westhead, and not least, if last, his blackfellow Charley, who by merely sighting the scout when beyond rifle range followed the track at a gallop for twenty-five miles without a check. I from the first, with many others, was sure Gardner was the leader of this gang, and feel most sanguine that Sir F. Pottinger, who is yet out with a second party, will be equally fortunate in recovering the rest of the gold and notes, and bets are freely laid that within a month the whole of the gang will be captured. 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."¹

Sir Frederick
Pottinger.
c. 1863.
As the officer in charge of the pursuit, Sir Frederick Pottinger had turned his horse south, unaware of Sanderson's success; The Escort Robbery."Sir Frederick Pottinger and the police are still in pursuit of the robbers, but after running the tracks forty miles, unfortunately, lost them, owing to the late rains. Up to a particular point, we believe there was little difficulty in tracking and had not the rain interfered with the pursuit, it is by no means improbable that the scoundrels might have been hunted down. The superintendent of police of the Western districts has arrived in Forbes with the intention to co-operate with Sir Frederick Pottinger but is for the time being condemned to inaction owing to the impossibility of ascertaining his whereabouts until some of the troopers return. Speculation has been very rife as to the personnel of the delinquents, not a few having fixed upon Gardiner and his gang as the perpetrators of the robbery, alleging that the direction of the tracks points to his beat; that his quietude of late was simply a ruse to lull suspicion; and that the present affair is his last grand feat prior to closing his accounts as a disciple of Turpin. On this score, we leave the public to form their own conclusions, merely premising that as mere speculation there appears to be some feasibility in it."¹⁸ How right they were.

However, the much-anticipated success of the NSW police had the population of Forbes' turn out in force to greet the triumphant return of the hard-pressed and weary troopers laden with the spoils of their dogged pursuit, which included the unbridled joy of the black-tracker Hasting's; "on the arrival of the little band with the treasure-viz., a packhorse carrying about 1600 z° of gold, two rifles and a trooper's coat, they were loudly cheered, and surrounded by some 2000 people, eager to learn the news and see how affairs stood. The horses and men appeared knocked-up, the blackfellow who had served as tracker appearing the least fatigued, to judge by his self-satisfied and merry countenance..."¹⁹

John Gilbert.
Enhanced by me.
In the pursuit of the escort bandito's, Sir Frederick Pottinger split his forces into various sections to cover a wider area. The original tracks led the police towards the Weddin Mountains. However, Sir Frederick Pottinger headed south towards the Victorian border as his assessment was that the bushrangers hailed from that state. After many days in the saddle and worn out, Pottinger duly arrived in the southern NSW township of Hay. Reported in this article from the 'Sydney Morning Herald' on the 6th July 1862; Saturday, July 6th;- "INTELLIGENCE has been received, during the week to the effect that Sir Frederick Pottinger and his party of police had arrived at Hay (about 280 or 300 miles from Forbes), and that they were then probably within a day's ride of the escort robbers, whose tracks they have followed with great care. The bushrangers are supposed to be making towards the Victorian country. As they make it a rule to steal fresh horses at every opportunity, they have rather the advantage of their pursuers. As, however, the Victorian police are on the 'qui vive' along the borders, there are hopes that the miscreants will be captured, together with that portion of the gold that is still missing. The tracks that Sir Frederick were following were those of another group of miscreant's, the next telegram was sent from Deniliquin to the Inspector-General in Sydney of Pottinger's arrival at Hay, NSW; The following telegram was received on Tuesday, by Captain M'Lerie, from the superintendent of police it Deniliquin: "I have received a letter from Sir F. Pottinger, dated Hay, 20th June. He had tracked five suspicious men with two pack-horses within seven miles of Narrandera, near which place three of them crossed, and he believes the other two would follow and ultimately re-join them and travel down the Yanko (a creek between the Murrumbidgee and the Murray). I shall be on the Yanko this evening with my party. I know the country well; three of the men are on foot; Sir F. Pottinger, Mr. Mitchell and detective Lyons are all who reached Hay, the remainder of the party knocked up."

John Gilbert
by
Patrick William
Marony 1858-1939.

NLA. 
Meanwhile, as the police searched willy nilly, John Gilbert remained at the Weddin Mountains. On the 4th July 1862, in company with his brother Charles D'Arcy Gilbert and fellow escort accomplice Henry Manns, the three men took to the Victorian road. They were mounted on fine horses, trailing a packhorse each with their provisions, and stolen loot started south in what they had hoped would be an uneventful ride. John Gilbert's brother Charles wrote in a letter published in November 1863 an account of that day's journey, including the fateful events that followed when the three men came into contact with the returning Sir Frederick Pottinger's party. However, s
ome portions of Charles's letter to the Kyneton Guardian's editor are vague and misleading. Notwithstanding, Charles was fully aware of John Gilbert's participation at Eugowra and who their accompanying mystery rider really was. Charles Gilbert elusively states in this extract from the 'Newcastle Chronicle and Hunter River District News' 25th November 1863; It was whilst pursuing our journey hither, accompanied by a third person (Henry Manns), with whom we had fallen in on the road, and who was known to my brother, and was to part from us a few miles further on our way, that we were stopped by Sir F. Pottinger and a posse of constables, and two of us made prisoners. John Gilbert, with affected politeness, lifting his hat, bade the worthy baronet good day..."

R.B. Mitchell. 
c. 1882.
As Gilbert and his two companions rode leisurely along a stock route that today is still in existence, called Traegers Lane crossing the Goldfields Hwy, to Campbell's stock route, the route has not changed since 1862 and is today nothing more than a mere dirt track. However, as they chattered together, they were approached by a rider going the other way. As the unknown rider approached Gilbert and Co, they had no idea that the gentleman was Mr R. Mitchell acting Clerk of Petty Sessions at Forbes (son of explorer and Surveyor-General of NSW, Sir Thomas Mitchell, 1792-1855) who was a special constable attached to Sir Frederick Pottinger's tracking party and had been riding slightly ahead of the Inspector. On approach, Mitchell engaged in conversation with the three horsemen, asking, "how far they had come", to which John Gilbert replied, "they had come from the Flat". When Mitchell first saw the three riders, he observed how well dressed they were, noting; "they were three well-dressed young fellows, booted and spurred, with close-fitting breeches, turn-down collars, and new cabbage-tree hats, all well mounted, and leading three horses..."²⁰ Undeterred, Mitchell turned his horse to ride alongside the three horsemen who gave the impression of not wishing to prolong the conversation when Sir Frederick Pottinger and detective Lyons rode up to join them.

The outcome was reported in the 'Sydney Morning Herald' on 16th July 1862. This true account speaks for itself. Gilbert first identified himself as Charles Turner, TWO OF THE GANG. -THEIR SUBSEQUENT RESCUE. (Abridged from the Lachlan Observer, July 16th, 1862.) "On Saturday evening last, acting sub-inspectors Norton and Wolfe left Forbes with a strong body of police, in consequence of the receipt of intelligence that Sir Frederick Pottinger, inspector of police, Mr R. B. Mitchell, late C. P. S. of Forbes, and sergeant Lyons, had captured three of the escort robbers, with 400 ounces of gold, and a considerable amount in bank notes. Although the movement was intended to be of a somewhat private character, everything connected with it gradually oozed out, and public curiosity was stimulated in a corresponding degree.

Yesterday morning Sir Frederick Pottinger and party, followed by the troopers, arrived in town early in the day, having stayed at Fenn's Inn, Wowingragong, the previous evening. From one of the pursuing party, we have received the following information- "After Sir Frederick and party had bid adieu to Messrs Cropper, Clements, and the other gentlemen who so praise worthily assisted in tracking the bushrangers from the scene of the reconnoitre, Sir Frederick's party prosecuted their inquiries at sundry places, as far as Nerandarra, and then on to Lang's Crossing place (Hay), on the Murrumbidgee, where they arrived about a fortnight ago, and stayed a day to rest.

Their horses were, by this time, completely exhausted, a great portion of the country over which they had travelled being vast barren plains, without a blade of grass, apparently for hundreds of miles, and presenting nothing in the shape of herbage but saltbush. During this part of their expedition, Sir Frederick frequently heard some of the fugitive robbers being in front of him. Sometimes he would arrive at a station from which good horses were missed, poor or fatigued ones being left in their stead; and he feels convinced that three of the robbers have effected their escape into Victoria. The plan of their retreat appears to be to divide into parties, of whom three travel together along the roads, carrying the booty, while reserves of greater strength keep near at hand, concealed in the bush and resolved to retrace their steps, although tolerably certain that a section of the party had made their way over to Victoria with part of the booty.

On Monday, 30th June, they commenced their retrograde movement, and on the following Monday had just left the Merool Station, where they called for refreshment when about half-past one o'clock, and just as they had lost sight of the place, they met three well-dressed young fellows, booted and spurred, with close-fitting breeches, turn-down collars, and new cabbage-tree hats, all well mounted, and leading three horses. Mr Mitchell, who first addressed them, asked how far they had come and was answered by one of them that they had come from the Flat, having left it three days previously. As they showed no disposition to prolong the colloquy but appeared anxious to push on, Mr Mitchell returned with them until they met Sir Frederick, who was about two hundred yards behind, and who addressed one of them to the following effect:-'' By the bye, that is a good horse you are riding; can you show me a receipt for him?" Upon this, the man addressed let go the horse he was leading and put his hand in his pocket as if to search for the receipt, but at the same moment, and as quick as lightning, struck spurs into his horse, sprang over a log, and the next moment was seen dashing through the bush at a pace which defied pursuit.

As two remained behind, and the pack-horse which the fugitive had cast off, Sir Frederick and Mr Mitchell drew their revolvers and ordered the men to stand. Having handcuffed them, and secured the cast-off the horse, they started for the Merool; and one of the fellows on his way attempted to escape by darting underneath his horse's belly and making for his led horse, but was baulked in the attempt. Having arrived at their destination, one of the first steps was to search the swags upon the led horses, in one of which were found some tea, sugar, and clothing, and in a dirty flour bag 242 ounces of gold. From one of the prisoners £2 14s, cash was taken, and from the other £135 in notes. The party remained at the station one day and night, keeping guard over their prisoners, no information respecting their absconding mate could be obtained from the prisoners."

By Sharpe,
The Canberra Times,
1988.
Bounding away from Pottinger, in the fading light, Gilbert set off on a feat of great horsemanship, riding flat-out, set a furious pace back to the Weddin Mountains covering some 60 miles across plain and scrubland, jumping creeks and arriving there in under ten hours. Upon arrival at the Weddin Mountains, Gilbert quickly assembled a rescue party for his brother Charles and Henry Manns. Gilbert knew that the police could not travel quickly while leading their prisoners and would not be prepared for an attack. Set about a plan to intercept the troopers along the road, he judged they would travel. Gilbert's rescue party most probably included O'Meally, Ben Hall, and others associated with the gold heist. Gardiner was not involved. The gang mounted fresh horses and retraced Gilbert's route back to the point that Gilbert suspected the troopers would arrive at. After riding through the night in anticipation of releasing Charles Gilbert and Henry Manns, the men arrived at Sproules Timoola Station, where they bailed up the household and prepared their arms, "When they reached [sic] Sprowle's Station, they forced the occupants, two women, together with a couple of travellers, to go inside and lie low. They rested their horses and loaded their weapons." All this was done within thirty-six hours. Leaving Quandary Station, the police with their prisoners leisurely proceeded towards Forbes. The newspaper article below continues with the astonishing encounter and gunfight between the bushrangers and the troopers;

Sproules, Temora
(Timoola) Homestead.
"On the following morning started on the road, sergeant Lyons leading, with the prisoners handcuffed, and mounted on two of the worst horses, Sir Frederick and Mr Mitchell bringing up the rear. In this order, they arrived at Mr Aymer's, Quandary Station, thirty-five miles from the Merool, whence they departed on the following day with the intention of proceeding to Mr Cole's station. Nothing worthy of note transpired during the first twelve miles of the journey, but after they had travelled that distance, and when within about 200 yards of Timoola, four men with blackened faces and red caps rushed out of a dense scrub, at an angle of the road, each armed with a double-barrelled gun and a brace of revolvers; and bellowing out "Bail up," almost at the same instant, pouring a volley into the party. Almost simultaneously, three others similarly attired fired upon Sir Frederick Pottinger and Mr Mitchell, Lyons' horse, which had received one of the balls, reared up and throwing his rider, galloped into the bush, with his revolver attached to the saddle, thus leaving him powerless. At this moment, three of the men dashed forwards to the prisoners and released them. The contest here became fast and furious, the odds being greatly in favour of the bushrangers, several of whom crouched among the scrub, ran to and fro, taking deliberate aim and pouring shot after shot upon the party, uttering as they did so the most frightful yells and imprecations. One, in particular, bellowed out to Sir Frederick that he knew him and would quickly dispose of him, at the same taking a deliberate aim with his piece, but fortunately without effect, whilst he, in turn, wheeled round and returned the well-meant compliment with his revolver. Four or five exchanges had now taken place until Mr Mitchell was reduced to his last shot and Sir Frederick little better off when the former proposed that they should rush on and charge their adversaries.

Mr. Aymer's,
Quandary Station

c. 1890.
To this proposal, however, the principal object of which was to rescue Lyons, who had disappeared from the the scene, and, it was feared, was in the hands of their assailants, Sir Frederick demurred, seeing its utter hopelessness against such fearful odds, consisting moreover of reckless miscreants who appeared bent upon taking life. To beat a retreat, therefore, and save the gold, appeared to be the only course open; and the two now on the field turned their horses and galloped back at racing pace to Quandary a distance of twelve miles, which they accomplished in about forty minutes, Mr Mitchell minus his hat and a richly-mounted pistol. In the heat of the contest, one of the bushrangers repeatedly screamed out at the top of his voice for their horses, which, it appeared, were tied up to a paling fence, near the house at the neighbouring station, but one of the balls having struck a paling and shivered it with a crashing noise, the horses took fright and ran off into the bush, and to this circumstance most probably were the retreating party indebted for the safety of their lives and treasure. In their hope to obtain assistance at Quandary, they were disappointed, but the services of a man were procured, who guided them by a bush track to Timoola the scene of the late reconnoitre. Here they were rejoiced to learn that Lyons was safe and uninjured, and had started with Mr Sprowle, the proprietor of the station, for Quandary, to ascertain the particulars of their fate. On their way they met two travellers who had breakfasted at Quandary with them, from whom they received the important intelligence that they were hailed in their journey by a body of fine-looking black-fellow's, who was ensconced in a scrub, one of who beckoned to them with his rifle, asking whether the troopers were behind, and where they last saw them. Having satisfied themselves upon these heads, they ordered their informants, upon pain of immediate death, to lie face downwards upon the ground, and in this position, they remained for ten minutes before the police with their prisoners arrived, and the battle commenced. From these men, they also ascertained that each of the bushrangers was armed with two double-barrelled guns and a pair of revolvers, and were provided with a bag of ounce balls.

The party remained at Timoola until the return of Lyons from Quandary, whose safe arrival was a source of intense delight to them, and proceeded thence under the guidance of Mr Sprowle, who escorted them across the bush to Narraburra, Mr Beckham's station, where they arrived about half-past two in the afternoon, and were hospitably received. From this point Sir Frederick Pottinger at once forwarded a dispatch to Captain Battye, at Burrangong, on Thursday, informing him of their position and requesting a reinforcement, and with a very creditable degree of promptitude the Captain, with a body of ten troopers, arrived on Friday evening, by a cross-country route of fifty miles. On the following morning, the party thus reinforced, took their departure for Forbes, and, as it is hardly necessary to state, were uninterrupted in their course thither by bandits or bushrangers.”²¹

Marker commemorating the
Gunfight opposite
Mrs Sproules

Station.
My Photo, 12/3/20.
When the news hit the telegraph wires, the colony was gobsmacked at the affront of the bushranger, and citizens rummaged through the newspapers for up to date accounts of the audacious rescue of the two captives. It was suspected that between seven and eight attackers were involved in the bailing up of Pottinger. However, this number was refuted by Charles Gilbert's own account of the rescue, who claimed that four were involved; op. cit. "before reaching the place to which they were escorting us, our custodians were attacked by, four armed men only, and not by seven, as stated in the papers on the authority of the police. (I say on the authority of the police, as I had several opportunities afterwards of hearing one of them on oath declare that to be the number.) The result of this collision was the transfer of our persons to the charge of those who were less apprehensive of our "levanting" than our guard just relieved, for they proceeded to release us at once from our "physical restraints". You must not infer from what I have just stated that I wish it to be understood that the members of the police force engaged in the scrimmage have told a wilful and deliberate falsehood. Far from that; charity to our fellow men-aye," although dressed up in a little brief authority," constrains me to say it has arisen from the suddenness of the attack, producing a slight obliquity of mental vision, by which they saw merely "double..."

Authors Note: To visit the approximate area of the gunfight at Sproules Timoola Station, take the Goldfields Hwy from Temora for 9.6 km's turn right at the Flying Spitfires Temora sign. Travel roughly 2.5 km's on Treagers Lane (un-signposted). The road is very rough but with care can be taken by car. The Commemorative Marker is on the right of the track, fenced off alongside a creek, and easy to spot. (Sproules Lagoon) Sproule's old station (Sprowle's) homestead was opposite the Marker. Congratulations to those in Temora who erected the Marker and their help in directing me there.

Det Lyons in
later life.
Penzig.
Another extract and graphic account regarding the affairs of that day, highlighting the escape of Gilbert and the attackers; From an equally authentic source, we subjoin some further details, particularly as to the rescue of the prisoners; "The plan of the retreat of the robbers, after securing their booty, seemed to have been to divide into parties, of whom three travelled together along the roads, carrying the spoil, while reserves of greater strength kept near at hand, concealed in the bush. Having secured his prisoners, Sir Frederick Pottinger took them back to the Quandary Station, which they had just left, and sent word of what had happened to Deniliquin and Wagga Wagga. On the following morning, he again started with the prisoners, who were tolerably communicative. Turner said the man who had bolted carried the arms, having two loaded revolvers, and they made him cashier. Sir Frederick marched them on quietly all that day and the next day (Wednesday), till about one o'clock, when they reached Mr Sprowle's station, on the Levels, but, the house being hidden from view by a large, clump of young gum and fir trees, they were not aware of its proximity. Mr Lyons was in advance, conducting the prisoners, both manacled, and with their horses (now the worst in the party) tackled together, Sir Frederick Pottinger and Mr Mitchell following, in double file, about ten or a dozen yards in the rear, when three men, armed with double-barrelled guns, suddenly emerged from the bush, in front of Lyons, and shouting "Bale up, you b_" fired upon him. His horse, shot in the neck or breast, reared up, and, in the attempt to manage the wounded beast and get at his revolver, Lyons lost his seat and fell to the ground.

The horse made for the bush, whither Lyons followed it, minus his revolver, and being fired at by the bushrangers. Simultaneously with the attack upon Lyons, four ruffians wheeled out of their ambuscade with military precision, in front of Sir Frederick Pottinger and Mr Mitchell, and, with a similar exclamation, blazed away at them. One of them, apparently the leader of the gang, addressed himself principally to Sir Frederick Pottinger, saying, "I know you, you bl---y ba---rd, Pottinger: " I'll put a pill through you, you ba---rd," &c. Sir Frederick fired at this fellow three times, Mr Mitchell, at his side, being also fully occupied with their assailants, and discharging shot for shot. The odds against them were fearful, for besides their superior number, the bushrangers were provided with a large store of fire-arms, and no sooner discharged the contents of one piece than they threw it down and took up another. Sir Frederick and Mitchell, immediately after each discharge of their revolvers, galloped a little distance off, receiving the fire of their enemies as they retreated. The whole of the affray lasted about five or six minutes. Sir Frederick and Mitchell found their ammunition all but expended, Sir Frederick having but two charges left, and Mitchell only one. There was now a lull in the firing, and Mitchell, believing the assailants had also exhausted their ammunition, proposed to charge them. Sir Frederick, however, with praiseworthy discretion, having the gold upon his horse, advised a retreat. Accordingly, they turned their horse’s heads, and galloped away as hard as they could, to the station they had left in the morning, known as Little George's, some twelve or thirteen miles distant, and which they reached in from thirty to forty minutes. Here they remained, till evening, recruiting, and devising plans for a future procedure. They expected to find Lyons seriously wounded, if not dead; but had the satisfaction of learning that he, like themselves, having miraculously escaped unhurt, had called there, and was gone out with Mr Sprowle in search of them.

Sir Frederick
Pottinger.
They waited till he returned, and, in the meantime, gleaned from the inmates that at the time of the attack there were only two women in the house, one young and one elderly person, who had been warned by the ruffians not to venture out lest they should be hurt; that outside were two travellers, who had been baled up, and were compelled to lie under the palings, surrounding the house, with their faces downward; and that to the palings were hung the ruffians' horses, which, during the affray-terrified, it is supposed, by a shot from Sir Frederick's revolver splintering one of the palings all broke away, and galloped off pell-mell. Sir Frederick, who has reason to believe he wounded, at least, one of his assailants, had heard a fellow calling out impatiently for the horses to be brought, exclaiming that they would " Never be able to take the b-without them;" and, no doubt, his own safe retreat from the affray, with Mr Mitchell, is owing to the providential circumstance which occasioned the stampede of the robbers’ horses. Mr Sprowle had heard the robbers swear, by all that was impious, that Sir Frederick should never take the recovered gold to Forbes; and one of the travellers who had been baled up, under the palings, afterwards stated that orders were given by the leader of the band for some of the bullets (of 1 oz. weight), which he said he would no longer rely upon, to be cut into four, which was accordingly done forthwith, and their guns were loaded with the slugs. The band had, in addition to the guns and revolvers with which they commenced the attack, a large bag full of loaded guns; and, furthermore, a carrier, who was baled up, very soon after the retreat of Sir Frederick, by two men on horseback and three on foot, near Colwell's, for provisions, positively asserts that one of that party was Gardiner whom he knows well; from which, and other circumstances which have come to his knowledge, Sir Frederick Pottinger feels perfectly confident that Gardiner has been a participator in the whole affair."²² The verbal vitriol toward Sir Frederick Pottinger may well have been Ben Hall, who Pottinger arrest within weeks of the rescue. 

Furthermore, in the adrenalin-charged atmosphere of the gunfight, the Inspector in the vigorous battle to free the prisoners lasting over ten furious minutes as volley after volley rained down upon the police from Gilbert and Co, Sir Frederick Pottinger seeing retreat as the better part of valour, retired and on reaching the nearest station's safety, sent a rider post-haste to Wagga Wagga 50 miles away, firing off a series of telegrams to Inspector General M’Lerie in Sydney and waited for the response. The press remarked, "the telegraph wires to the metropolis were busily employed sending information to the Government and to the Press..,"²³ The telegram out-lined Pottinger's predicament and an urgent requirement for reinforcements. The telegrams and those of Pottinger's relief column lead by Captain Battye read as follows. The first dispatch is from Sir F. Pottinger, Lachlan, to the Inspector-General of Police, Sydney, and is as follows on the link below: 
Freeman's Journal
Wednesday 16th July 1862
ENCOUNTER WITH THE ROBBERS OF THE LACHLAN ESCORT.

Captain Battye.
c. 1880's.
'The Empire' newspaper reported this article below in regards to the escape of John Gilbert, who at the time was not mentioned by name as the escapee but was revealed in due course. The article below also reports Captain Battye's departure as well as mentions falsely the belief that Frank Gardiner was involved at Sproules and the few who believed rightly that Frank Gardiner led the gang at Eugowra;  "it is stated that one of the attacking party is the man who escaped at the time of the capture of the two robbers by Sir P. Pottinger, and it may be supposed that he made arrangements for the rescue. On riding off with the men who were prisoners, the leader of the gang intimated that the party would return and fight for the gold and money that had been secured by the police. Sir F. Pottinger has entrenched himself and awaits the arrival of assistance from our camp. It ¡s confidently believed here that, in the event of an attack, Sir Frederick will hold the gold and money, and beat off the bushrangers. Captain Battye and all the available force left here at one a.m., yesterday, Friday, to succour him at Beckbram's station, about four miles off. The bushrangers are in the vicinity of Gardiner's old haunts, and it is believed by many that he headed the rescuing party. At the same time, few suppose that he had anything to do with the cowardly attack-volley after volley having been fired from behind rocks upon the comparatively defenceless troopers..."²⁷

By the 14th July 1862, Sir Frederick Pottinger returned to Forbes with the gold recovered from Manns totalling 213oz. Unfortunately, the cash of £135, which Detective Lyons carried, was lost to the bushrangers. However, within days of the affair, detective Lyons dispatched his account of the battle to police headquarters in Sydney addressed to Inspector Harrison of their actions in response to the attack is as follows;

Forbes, Lachlan Diggings,
14th July 1862.

Detective Lyons has the honor to report, for the information of Mr. Inspector Harrison, that about 1 p.m., Monday, 7th July instant, when en route from Lang's Crossing-place, Hay, on the Murrumbidgee, to Forbes, along with Sir F. Pottinger and Mr. Mitchell (son of Sir Thomas Mitchell), we arrested Charles Darcy, alias Gilbert, and Thomas Turner, alias Manns, charged with robbing the gold escort at Eugowra on 15th June 1862. On searching them we found 213oz of gold and £135 in notes upon them. We took possession of their five horses. The arrest took place near Arrah cattle station, belonging to Mrs. Hardy, on the Merool Creek, Levels Country. There we met three men, mounted, each leading a pack-horse. On being accosted, one of the men pretended to recover the halter of his horse that fell from his hands. Taking advantage of this circumstance, he darted into the scrub and escaped (this man turned out to be Johnny Gilbert); the other two men we secured, and the property (gold and money) above referred to was found upon them.

The following day we reached the Quandary station, and the day following again (viz., the 9th instant), when within about 20 yards of Sproule's dwelling, on the Merool Creek, seven men rushed from behind a clump of heavy scrub, each having double-barrelled guns, and cried out, 'Bail up, you b------s. At the same instant, they fired a volley into the police. Three of them fired at Detective Lyons, who was leading in front, having the prisoners on horse-back, handcuffed, holding a halter attached to the prisoners' horses in his left hand, and guiding his own horse with his right hand.

When the volley was fired the horses got frightened; and Lyons was violently thrown from his horse and temporarily stunned, but soon recovered, and tried to catch his horse, which he saw in the distance. The horse was shot in the neck, but was able to run fast, and got amongst the bushrangers' horses that were tied up to a fence. The £135 in notes found on Manns was in Lyons' monkey jacket pocket, and, with other things, strapped on the front of the saddle, and his revolvers in a holster attached to the side of saddle, all of which fell into the hands of the marauders. After they moved away with the prisoners I found the handcuffs broken and covered with clots of blood, as if an axe had been used. Sir Frederick Pottinger and Mr. Mitchell, after firing some shots, retired to Quandary Station, 12 miles from the place of rescue.

Some of the bushrangers cried out, 'Don't let the bl--dy police have the gold.' 'Description of Offenders (rescued). — Charles Darcy, alias Gilbert, about 24 years of age, 5ft 9in high, stout, and well built, prominent cheekbones, dark-brown hair, blue eyes, will have marks wrists of handcuffs having been recently broken off as if with an axe. Thomas Turner, alias Henry Manns, about 20 years of age, 5ft 9in high, slight build, sharp face, blue eyes, will have marks on wrists of handcuffs having been recently broken off as if with an axe. Both of these men wore knee-breeches and boots. The man who escaped into the scrub was dressed similar to these above described. — I have, etc.,

P. LYONS, 'Detective, 1st Class.
Mr. Inspector Harrison,

Detective Office, Sydney.
NSW Police Gazette, 1862.

On the 24th July 1862, seventeen day's after Gilbert freed his brother and Manns, the following article appeared in 'The Empire', written by a Wag correspondent (sarcastic jokester) based on his interpretation of the amazing gun battle between bushrangers and police and how with bullets reportedly flying willy-nilly not one scratch except for Lyon's horse was inflicted. The article is heavily laced with sarcasm but is also a subtle criticism of the new police system, which had only been in force for a mere four months, 'The Golden Age' Thursday 31st July 1862
; "the conclusion we have come to is, that revolvers, rifled carbines, double-barrelled guns, and firearms in general, are the most harmless, things in existence - especially in the hands of those who know how to use them. Trooper LYONS'S horse did not appear to have been aware of this, for he "galloped off into the bush," and has not since been heard of. This, however, is not the worst of it, for we are gravely told: "he carried off the bank notes (£135) with him!" Are even the horses in league with GARDINER? What particular reason there was for intrusting to equine care the bank notes which "are said to have been taken from the "young men with boots and spurs, close-fitting breeches, and turn-down collars," we are unable to say. The four-footed thief, however, got clear off with the money. Also, he succeeded in taking away Sergeant LYONS'S revolvers, - a matter perhaps of little consequence, as they were not very likely to be of any use to their owner. We feel rather pleased than otherwise that the horse ran away, for, if he had remained, the return of the killed, wounded, and missing would have been nil. As it is, the absence of the horse affords a certain amount of corroborative evidence, however slight, that something actually did occur at the place and time stated.

Another very remarkable feature in these extraordinary encounters is the unlimited quantity of firearms possessed by "the enemy." We are told that on the occasion of the rescue of the "smart young men with boots and spurs, close-fitting breeches, and turn-down collars", "the enemy wheeled out of their ambuscade, with military precision," "each armed with a double-barrelled gun and a brace of revolvers;" and that "the odds against the police were fearful, for, besides being superior in numbers, the bushrangers were provided with a large store of firearms, and no sooner discharged the contents of one piece than they threw it down and took up another!" Also, that "the band had, in addition to the guns and revolvers with which they commenced the attack, a large bag full of loaded guns!". These are stated to have been charged with slugs, consisting of ounce bullets cut into four parts; and yet at the conclusion of the fight- volley after volley having been fired from them by men "taking deliberate aim"-nobody is hurt! In all seriousness, the state of the southwestern interior is a disgrace to Australian civilisation. The notorious fact that thousands of people, otherwise well-disposed, look on the police with dislike, and treat them with contempt, is sufficient to show that there is something radically wrong in the whole system. The people have no other feeling than abhorrence for the desperadoes who are setting the laws at defiance. Still, nevertheless, they will neither succour nor assist arrogant, overbearing, self-sufficient officials, decked out in semi-military costume, many of whom figured in the famous retreat from Burrangong, (Chinese riots of 1860) and who, whenever occasion has arisen, have failed to display that contempt of danger which is calculated to merit the respect of the rough and ready miners and others of which the digging population is mainly composed..."

John Gilbert
Coloured by me.
Consequently, John Gilbert's rescue released the two captives. Its success then saw the men involved in the melee, long believed to be John O'Meally, Ben Hall and possibly Patsy Daley and Downey, quickly dispersed, taking different routes back to their home turf, the Weddin Mountains. Furthermore, in the skirmish, including the loss of three of their horses, the assailants procured new mounts and retreated without, as they had threatened to fight for, the gold held by Sir Frederick Pottinger.

John Gilbert and his brother Charles boldly continued their original trek back to Victoria, eventually arriving at the 'Coliban', a goldfield on Bendigo's outskirts on the historic Coliban River. Here the two brothers were also joined by their elder brother James Gilbert. Finally, Henry Manns returned to his former haunt near Borrowra, NSW.

James Gilbert
c. 1870s.
The Gilbert's now laid low for some weeks on the 'Coliban' visiting family members residing in the Taradale district some 25 miles from Bendigo before sailing from Port Phillip Bay for New Zealand's South Island and the Otago district of Dunedin, then on to the Dunstan Goldfield, 135 miles west from Dunedin. The Dunstan field is known today as the township of Clyde. John Gilbert's brother's James and Charles were both attempting to dissuade John from continuing the path of lawlessness and hoped to commence a new beginning for themselves and at the same time strike it rich on the Central Otago Goldfield.


Charles wrote in the earlier letter, regarding their escape from Sir Frederick Pottinger of their arrival home in Victoria and then the subsequent move to New Zealand's South Island; Gilbert letter. "continuing our journey to Victoria, J. E., (James Gilbert?)., J.G., and I, when we arrived, at the Coliban, I immediately wrote to the postmaster at Forbes, requesting him to forward to me a registered letter which had reached the office subsequent to my leaving that place, and it was not till I had written repeatedly that it came to hand; so you can gather from this fact that, had I felt conscious of having violated the laws of that colony, or had a suspicion of criminality on the part of J.G., I would hardly have taken a more effectual, method of publishing my whereabouts. After staying, here five or six weeks, we proceeded to New Zealand, where we were engaged in mining, for some time..."

Together again in Victoria, the Gilbert brothers set about the preparations for the move to New Zealand, a country that Charles had departed from earlier in February of 1862; op. cit. "I, therefore, resolved to return to Victoria, en route to New Zealand, having been in the latter place before, and only having left it the preceding February..." 

After five to six weeks in the Bendigo area, where no doubt, John endeavoured to see his father, sister and extended family, who all resided within a day or two's ride from the Coliban, a reunion which would see John Gilbert admonished by his father who resided at Taradale. A later letter was written by his father regarding his son's wayward path. "I will here avail myself of the occasion to say that I am well-advised that John Gilbert was too fully sensible to the extent to which he had already outraged parental feelings when he first entered on so vicious and reprehensible a course of life and knew therefore in so far as I was concerned his conduct was barely susceptible of aggravation. But whatever may be the nature and extent of his lawless aggressions on society, he abstained from the solicitation of his parent to participate in his ill-acquired gains, the acceptance of which would have made me the abettor of his crimes. I have the melancholy consolation of holding him guiltless of this atrocity..."²⁸

Gilbert, having returned to the family unit and linking up with older brother James, and no doubt cajoled, as mentioned above, by his father, gold mining in the Coliban and Kangaroo Creek vicinity. The brother's conversation with their father, who was undoubtedly aware of the fiasco with Pottinger, looked to their old digs in New Zealand to bring their wild brother John back into the fold. In September 1862, Gilbert's father was noted as a miners representative requesting a field for the mining communities leisure;  'The Herald' Friday 26th September 1862; - "Mr. W. J. Gilbert, on behalf of the miners of Coliban and Kangaroo Creek, in the Taradale district, waited yesterday upon the Commissioner of Lands and Survey to apply for a piece of land as a miners' common. He stated that they were denied the use of the farmers' commons in the neighbourhood, and in support of his application he produced fifty miners' rights, to show that the miners were at work in the locality. Mr. Duffy said instructions would be given to Mr. Harcourt, the district surveyor, and if the facts turned out as stated, the request would be complied with."

Steamship, City Of Hobart.
 c. 1862
Departing their father's home and all preparations completed, the brothers arrived in Melbourne at the end of August 1862, booking passage for the 9 to 10-day voyage to Dunedin's, Port Chalmers. As Gilbert prepared to sail for New Zealand, the Escort Robbery in NSW was still major news, and rumours of the culprits' whereabouts were still rife in the daily newspapers.

Moreover, Gardiner articles referenced his presence in South Australia, masquerading as a minister of the cloth, or at one of his sister's residences in Portland, Victoria or even that he had fled the country to California. Speculation also persisted for John Gilbert, where it was reported in the Victorian Police Gazette October 1862; "he is reported as having gone through Meroo Creek towards Victoria, and to be about Kilmore where he has been before..."

Just where were they! The reward for Gilbert of £500 was still a fortune in 1862, and the brothers would have had to take great caution in their movements. However, John Gilbert's journey to New Zealand was recalled in 1916 with an exciting twist. Mrs Sarah Musgrave lived at Burrangong Station, Lambing Flat, in the 1860s. A time when Burrangong Station was a favourite retreat of the bushrangers. Mrs Musgrave reminisced of her time there and her encounters with Gilbert and O'Meally. Mrs Musgrave provided a fascinating account of John Gilbert's trip to New Zealand, claiming in the following conversation and recounted straight from John Gilbert's lips his move to New Zealand. The twist was that John Gilbert made the crossing disguised as a woman.

Sarah Musgrave
c. 1920's.
Courtesy Junee Historical
Society.
Mrs Musgrave relates her conversation with Gilbert, where he states his attempt to give up the 'Bushranging Game' and how under feminine disguise, he travelled to New Zealand; "I have tried twice to give the game up," he said, "but there is no hope. No matter how I disguise myself, the law finds me out, and l am only safe while sinning in the shelter of the bush. The first time I tried to reform I went to New Zealand dressed as a woman. I let my hair grow long and did it up like my mother used to do hers, full of hairpins and with a knob at the back, I wore a fashionable net, fastened to my hat and drawn under the chin, just like she used to do it; but after being there a time, people were beginning to say funny things about me, so I cleared out and came back here..."²⁹

Gilbert's use of a woman's disguise was also highlighted by John Maguire. Maguire state's op.cit. "he was a handsome young chap, with a clean feminine face – no side whiskers – wore his hair long. Frequently, after he took to the roads, he used to visit the towns disguised as a girl riding side-saddle...” This also implies from the articles above that Gilbert's ruse was continued on arrival at Dunedin and all the way to Clyde. So again, listen to John Gilbert's own word regarding his use of a disguise to flee Australia for New Zealand. 
(Mrs Musgrave died at Auburn, Sydney in 1937, aged 108yrs. It was noted; "few women have had a life so closely packed with stirring events as Mrs. Sarah Musgrave, who died at Auburn last week in her 108th year. But, in spite of the many trials she passed through, Mrs. Musgrave always looked back on her outback days with pleasure. "They were the happiest days I ever spent," she used to say...")

S.S. Gothenburg c. 1862
When Gilbert shot through, ships sailing to New Zealand were becoming more frequent as the reports of gold littered the Australian newspapers. The news instigated another mass exodus of men from both the Victorian and New South Wales diggings. The Gilbert's soon joined the throng of men awaiting passage, using Melbourne's crowds for anonymity, for John was not as well known for his daring deeds in Victoria as in New South Wales.

John Gilbert flushed with cash from the proceeds of the Escort robbery, amounting to £435 ($32,ooo), as well as the proceeds from the gold that had no doubt been fenced off, enabled John Gilbert and his two brothers to travel comfortably to New Zealand. In late August 1862, Dunedin's shipping traffic was brisk, with several ships capable of ferrying the three Gilbert brothers. They included The Aldinga, The City of Hobart, The Gothenburg and another The Ringdove. All possible berths for Gilbert's travel and all ships sailed from Melbourne in the final week of August 1862, with full complements of passengers. (A search of ships passenger lists unfortunately only cover 1st class cabins, and a search of passengers travelling as two men and a woman of the same surname are noted, but too numerous to decipher, as well as with so many arrivals identification documents were rare if used at all.)

Shipping Advertisement
 1862.
However, on the 28th August 1862, 'The Ringdove' as a possibility arrived with the following report of her passengers from the 'Otago Daily Times', 29th August 1862; "the arrival in Dunedin of the greater proportion of the 300 gold or prospective gold-getters, who were brought from Melbourne to Port Chalmers by the ship Ringdove, caused a marked addition yesterday, to the number of those who were busily pushing about the city, purchasing picks, shovels, and tin dishes, or laying in a store of provisions, more or less approaching the minimum quantity recommended by the Government to be taken by each of those who are determined at once to move off for the Dunstan diggings. We fear, however, judging from the size of various biscuit bags, that very few came up to the precautionary standard officially suggested—that is, sufficient for at least a fortnight.


A good many parties came up from Port Chalmers in boats, in some cases stepping directly onboard one of the steamers for Waikouaiti, all of which were we believe well loaded. Of course, wet weather could never deter your true steady-going miner, much less a hot enthusiast who starts eagerly, if not happily, because he is ignorant of the privations he will have at present to undergo while tramping up the country; but certainly the bright, brisk, invigorating weather we enjoyed yesterday seemed to add wonderfully to the spirits of those who plodded in strings, swag-laden, out of the city..."

Dunedin Harbour 1862.
The Gilbert's were also in need of mining supplies, even though Charles had previously worked on the Dunstan goldfield. Therefore, it would not have been unusual to have a lodged claim ready to return to and then have purchased the proper supplies needed to commence the well-worn track to the Dunstan field. How much equipment the brothers brought with them is not known.

This extract from 'Otago Daily Times' dated the 24th September 1862 gives an insight into John Gilbert's final destination 'The Dunstan Goldfield' and its situation; "the Dunstan gold-field is situated on the Clutha River, at the south-western base of the Dunstan Mountains, on the opposite bank of the river, which has here worn a passage through the solid rocks. The workings are principally confined to the shallow beaches and river bars, where fine gold is found intermixed with magnetic iron sand. The melting of the snow has lately caused a "fresh" in the river, in a great degree preventing the pursuance of the mode of operations, Parties have commenced tunnelling from the banks, on a very limited scale, and large gold has been found. It is believed that, if properly worked, a rich harvest will be the result.

'Dunstan Goldfield' 1862.
Unidentified Artist.
There are about 4,000 miners on this field. These appear to have done well. Six thousand ounces have been brought down by escort, 2,000 ounces have reached town by private hand, large quantities still remain in the hands of the miners owing to the want of cash on the field for purchasing. A fortnightly escort service has now been established..." This piece of information may have stroked the bushranger in John Gilbert, but there is no evidence of Gilbert having committing robberies or any criminal activities while in New Zealand; op.cit. "the climate of this district is described as mild, and dry in the winter, although snow covers the surrounding mountains..."

The timing of the Gilbert brother's return to the Dunstan was perfect, with winter in retreat and the milder spring weather breaking through. The brothers rejoined the hustle and bustle of the goldfield and settled down to mining for the riches of the earth.

Top, Dunstan Hotel,
Clyde c. 1862.
Hotel 2017.

My Photo.
After a trek of some 80 miles of lugging equipment, Gilbert and his two brothers arrived at the Dunstan goldfield. Setting up their camp, they commenced mining. For Gilbert's and most of their fellow miner's, rough tents were the order of the day. They were erected all along the Clutha River's foreshore at Clyde, where the bulk of the yellow metal search was ferociously sought after. The following comment in the 'Otago Daily Times', in October 1862 stated; "at the Dunstan proper the people are every day becoming more and more settled, and as the season advances it is generally believed it will be found that the locality will turn out as good a diggings for summer as it is known to be for winter..."³⁰

However, how successful the brothers were in finding gold is unknown, but many fellow diggers had plenty of good luck. From all accounts, John Gilbert maintained his disguise and continued in the appearance in which he had travelled to New Zealand, that of a female, at least in public. Nevertheless, how long this façade could be acted out appeared to be only for a short period. Unsurprisingly, women were a scarce commodity on most gold-diggings, and those who were present and unattached were often tarnished with the unsavoury title of 'loose'. This branding was commented on in a letter from Mr James Fisher defending their honour; "Sir—It was with great surprise and indignation, that I read the evidence given by Detective Howard, in an assault case, tried at the Supreme Court on Monday last, October 20, wherein he states that all females on the diggings are of loose character. Never was there a more foul slander ever uttered, for to my certain knowledge there are plenty of the most respectable females on Tuapeka and Whetherstone Diggings, and I only feel surprised that Detective Howard should have made use of such expressions. We all know amongst a large population all cannot be good—even look to your good city Dunedin, and are all the respectable ladies of that city to be calumniated because there are some frail ones?"³¹

James Redmond
Gilbert.
c. 1870's
Therefore, it would not be uncommon for fellow diggers living in a world dominated by men, hard yakka, hard-drinking and an environment deprived of the sweet fairer sex not to be intrigued with the "sister" of the Gilbert's. Subsequently, the intrigue and attention to Gilbert's 'sister's' attractiveness had set in motion the need for the handsome young man to take his leave from the Dunstan field. As John Gilbert himself stated; "but after being there a time, people were beginning to say funny things about me, so I cleared out and came back here..."³²

Consequently, John Gilbert departed New Zealand. Returning to Dunedin's port in his brother Charles's. Here the pair parted company. The New Zealand diggings and her ports continued to be inundated with steamers and windjammers, filled with more miners ready to strike it rich on the Otago Goldfields. Therefore, many ships were returning to Victoria and other Australian ports with few passengers. Accordingly, John Gilbert took return passage to Australia in early January of 1863. However, his brother Charles indicated that John's departure was under the auspices of John Gilbert's poor health and not his attractive disguise; op.cit. "but J. G’s health declining he parted from me, having expressed his intention of going to a place the name of which I must be excused mentioning, but to prevent any misconception as to the withholding of it, I say most truly it was not New South Wales. Since that time, I know nothing of his movements, neither does any member of his family, farther than what may be gleaned from the papers..."

Dunstan on the
Clyde River c. 1862.
Courtesy CHS
Whether Gilbert re-entered Australia through Victoria or sailed directly to NSW is unknown. Suffice to say that on the evening of the 30th January 1863, Gilbert once more emerged near his familiar haunts at the small township of Marengo. His old stockman patch was thrown into turmoil when a panicked word was broadcast by a messenger on horseback. A word set the towns heart's racing by its troubling contents, and that was; "to be on the 'qui vive' and plant our money or valuables, as a body of armed bushrangers were in the neighbourhood ransacking the stations and plundering all before them...”³⁴ John Gilbert as flash as ever had returned.

Marengo had been a familiar country for John Gilbert. On first arriving in NSW in the late 1850s, Gilbert worked as a stockman on some local cattle stations as gold fever was breaking out amongst locals, especially the ladies. On his first foray back in home territory, Gilbert, with a band of seven or eight bushranger's including John O'Meally, Patsy Daley, Patrick O'Meally and Ben Hall, was accused of robbing the station Bentick-Morrell owned by Mr George Tout. This was then followed by robbing a roadside accommodation house run by Mr G Harcombe. The robbery was reported in 'Bell’s Life in Sydney and Sporting Chronicle'; "there are many rumours afloat as to the number of bushrangers in this affair, and the number of stations "stuck up," but I know for certain of two places being ransacked by them, viz, the Bentick-Morrell station (Mr George Tout's), and a roadside accommodation house (G Harcombe's). At the latter place, they only got £7. The house was entered by three robbers, but six others were counted waiting at a short distance within call as a reserve if necessary, apparently with the plunder from the Bentick-Morrell station strapped upon them. The rascals were under the leadership of one Johnny Gilbert, a henchman of Gardiner's. This is an undoubted fact because a sister-in-law of George Harcombe's was present, and distinctly recognised him, she is a native of Marengo, near which place John Gilbert was stock-keeper for some time. None of the desperadoes took the trouble to mask themselves..."  However, another account stated that Gilbert did not steal anything from the Tout's residence as he had known Gilbert in his earlier vocation; The 'Lachlan Miner' says:—News arrived at Burrangong, on the 29th January, that the too celebrated Gardiner, accompanied by another bushranger, named Gilbert (who made his escape some months since from Sir Frederick Pottinger) called, on the previous night, at the station of Mr. George Tout; but no robbery or attempt at robbery or violence took place. Mr. G. Tout knew Gilbert, and he thinks that the bushranger knew him. Probably this might be the reason why he was not molested. Mr. T. has strong reasons for suspecting the companion of Gilbert to be Gardiner. Gilbert is suspected to be one of the men who robbed the Lachlan escort. Captain Battye and the sub-inspector, together with Mr. Wolfe, the sub-inspector of detectives, left in pursuit of these noted desperadoes, who are most earnestly wanted by the police authorities.

NSW Mounted Police. 
Within hours of the robberies, the police under the command of Captain Battye arrived at Marengo in full police regalia; 'Bell’s Life in Sydney and Sporting Chronicle'; "Last night this usually quiet town was thrown into a state of great excitement by the arrival of a messenger from one of the suburban stations telling us to be on the qui vive and plant our money or valuables, as a body of armed bushrangers were in the neighbourhood ransacking the stations and plundering all before them. About two hours after, the distant sound of rapidly approaching horsemen was heard, and the first thought was, "Here they come," but almost simultaneously was heard the jingling sabre accompaniment, which sound gave us considerable relief, clearly foretelling who was approaching. Really this long sword and steel scabbard ought to be dispensed with, particularly upon night marches and attacks, where silence and surprise is half the battle, for when the men are inactive equestrian motion, the aforesaid instrument creates such a loud jingling sound as to be heard a quarter of a mile off, thus giving all her Majesty's subjects that are encamped on or near the road ample time to strike into the ranges or remain, at pleasure. After a short conference, our patrol joined that newly arrived, and they proceeded to the appointed rendezvous (Stewart s Gap) there to meet others, all being under the personal command of Captain Battye, and there to proceed to the stations of some well-to-do settlers, who were thought most likely to be honoured by a call from the robbers..."

On the 12th February 1863, a reward notice was reprinted in the NSW Police Gazette for Gardiner and Gilbert; - Reward for Gardiner's Capture. --Yesterday's Government Gazette contains the offer of a reward of £500 for such information as will lead to the capture of the notorious Gardiner, and a like sum for the apprehension of Gilbert, one of his companions.

However, with the bush and certain inhabitants of stations as their lairs, a new wave of determined sticking-up resumed. Furthermore, there were also conflicting newspaper reports and general gossip as to the whereabouts of Frank Gardiner, the banditos' leader, with even speculation by correspondents in some quarters, although humorous, of Gardiner's reputed death from a broken heart at the Abercrombie, this assumption, however, was quickly rebuked by another writer who saw their folly;  "did you ever see Gardiner? If so, I'm sure you will coincide with me in thinking that a man of his vigour of life, stalwart physique, and determined physiognomy would almost be the last man in the universe to expire from that malady, peculiar to hopeless sighing swains and lovelorn forsaken damsels,"⁵⁰ the scribe goes on to say "this freebooter would have been taken long ago, but for the false sympathy and shelter granted him by some of those petty vitiated settlers of the Abercrombie Ranges..."

Furthermore, as John Gilbert settled back into the Weddin Mountains' familiar surroundings and the wider Lachlan district, newspapers in Sydney commenced coverage of the ‘Special Commission Trials’ into bushranging and, more importantly, the now-infamous escort robbery at Eugowra of June 1862. The trials commenced in February 1863. As with the whole of the colony, John Gilbert would closely follow the proceedings, including Daniel Charters and Tom Richards' testimonies, both of whom had turned Queen’s evidence. Charters succumbing to turncoat for the pardon on offer and Richards for the large reward.

Consequently, much of the evidence implicated Gilbert as one of the main instigators of the robbery, but Gilbert may have been somewhat amused at Charters' evidence, who deliberately avoided implicating Ben Hall and John O’Meally. The dye was cast. Gilbert assumed a quasi leadership of the Weddin Mountains mob and dived straight back in leading robberies around the Burrangong, Marengo and Burrowa area.

Gilbert now began to appear regularly in the newspapers and was, as reported below, soon in full flight, which included a policeman's vicious assault. DARING ATTACK OF BUSHRANGERS IN BROAD DAY-LIGHT. – “It is this week our province to record two most daring attacks of robbery committed in broad daylight, on Monday, the 2nd instant. The victims of these acts of bushranging were first:- Mr. Dickson, of the Commercial Store, Spring Creek, Burrangong, and Mr. Dalton, innkeeper, of the same place. We may add that the robbers are well-known, and can be identified. Two of them are from the Wedden Mountain, two from the Levels, and one from the Abercrombie. The thieves tied up their horses outside of the gentleman's store previously mentioned, two remained on guard, and three entered the establishment. While the premises were being ransacked, a policeman happened to pass. He was stuck up also, and his horse, saddle and bridle, were taken away. The horse was the constable's private property. He consequently offered resistance, when one of the villains struck him a severe blow on the hand and wrist, quite disabling the limb; they kept him in durance vile until their unlawful work was accomplished; they then allowed him to proceed. He made his way with all possible speed to the camp, and Captain Battye mustered all hands, and started immediately in pursuit. The men also stuck-up the adjoining inn, Mr. Dalton's, known by the name of the Golden Fleece. They are supposed to have obtained about £60 in cash, and several guns and pistols. The latter were taken from Dalton's. The robbers are supposed to be the same who stuck-up the Bendick Morrell station on the 29th ultimo.”³⁵

Gilbert's association with Frank Gardiner was a constant reminder to the NSW government of the newly formed police force's teething problems. After one year, they faced much criticism in the fight against bushranging and apprehending John Gilbert, John O'Meally and Ben Hall. The NSW government, led by Mr Cowper, placed large amounts of money as an inducement to break the cone of silence infesting the western districts. Rewards for the poorer of the cockatoo squatter would have been quite a windfall for dobbing in the bushrangers. To draw out information Cowper placed advertisements in newspapers throughout NSW; “Cowper is getting quite convinced of the inclemency of the grande idea about the New Police, for he has just offered a reward of £500 for the apprehension (without conviction) of Gardiner, and another £500 for his mate Johnny Gilbert. The only chance of capturing these ruffians seems to be by offering a large reward...”³⁶

However, the ploy was not successful as locals failed to rat out the bushrangers. Furthermore, there was widespread awareness that Gilbert and his entourage were favoured with much sympathy, welcomed or otherwise in the central west. 'Freeman's Journal' Wednesday 18th February 1863; "Violence and crime are so much on the increase in the country districts that the government it is said are about to adopt very strong measures for their repression. It cannot be denied, that in many parts of the country a great amount of sympathy exists towards the bushrangers with whom we are infested and that other persons through fear are deterred from giving information which may lead to their detection. Even men in good positions of society are said to harbour bushrangers if they do not actually participate with them in their crimes, the government are aware of those facts and will use every effort to remedy this disgraceful blot upon our social system. A reward of £500 has been offered for the apprehension of the notorious Gardiner, and another £500 for that of Gilbert, so that before long we hope to see both these worthies in the hands of justice. If taken, they will, of course, be tried in Sydney, as the chances are that they would be acquitted if their trial took place in the country."

Colonial Secretary Cowper’s use of rewards for Gilbert and Gardiner was quickly ridiculed in the newspapers; THE REWARD FOR GARDINER AND GILBERT. - A SPORTING OFFER. - "The very unsatisfactory apportionment of the reward of £100 originally offered by the Government for the apprehension of the parties engaged in the Escort Robbery, which was to be meted out at the ratio of £100 per head, having failed to tempt any nibblers, we are glad to perceive that a more enticing douceur has now been proclaimed, of £500 each for the bodies of Messrs. Gardiner and Gilbert. We believe that this will accomplish the much to be desired object, and that ere long General Gardiner and his Lieutenant will be introduced to the admiring gaze of as crowded an audience as that which on the occasion of the late trial thronged the Darlinghurst Court House. In the event, of the "hero" of the roads being betrayed into the hands of the authorities, we would willingly give the Government £1000, simply for the loan of him for three months; guaranteeing that he should be returned "in good order," making fair allowance for the "wear and tear," which his public exhibition as "the greatest man in New South Wales" would entail. Should this proposition be accepted, we shall immediately enter into negotiations with the Chief Justice for his appearance on "one occasion only" for "our benefit," conjointly, with that of the public."³⁷

NSW Police Gazette
March 1863.
How John Gilbert viewed, the flattering news of a large reward by the NSW government is unknown. Suffice to say, his good-natured character, thespian disposition and quick wit may have caused him much merriment. Gilbert was humorous and enjoyed himself whenever the occasion presented and could spin a good yarn to his captive audiences. The ladies often fell under his spell. This lackadaisical attitude made him one of the most intriguing bushrangers taking the western and southern NSW districts by storm. However, John Gilbert, unlike his compatriot Ben Hall. Whose onset into lawlessness arose from instances of self-perceived police prejudice and self-inflicted brushes with the police, particularly regarding Sir Frederick Pottinger, a ruthless enforcer of the law and one officer whose suspicions of Hall’s fraternisation with Gardiner and Gilbert had much foundation.


From his early days as a youth in Victoria, Gilbert embraced the fast life and the easy money associated with the drinking dens and gambling activities, then the ultimate fall into bushranging. At first, Gilbert was just a juvenile delinquent whereby drifting into NSW, he came under Frank Gardiner's spell. However, the many newspaper reports of his activities noted that he was always smartly dressed and took great care in his appearance with long fair hair and good looks bordering on the feminine.

Gilbert's success and the ever-changing gang of accomplices, many of whom were unknown or to have only joined in for a lark, before returning to the role of bush telegraph resulted in the officers of the law derided by the press as clueless. However, police equipment inferiority was the main disadvantage. The bushrangers mounted on the best thoroughbreds and armed to the teeth with the most up to date weaponry easily lead the troopers a merry dance through the vast and often boggy, rocky and densely wooded bushland. So much so that Sir Frederick Pottinger introduced the new concept of troopers no longer wearing a police uniform in the forest but the clothes of a miner or stock rider, which consequently saw the bushrangers having difficulty identifying friend from foe. However, in the early weeks of 1863. The gang's core was John O’Meally, Ben Hall, Patsy Daley, John Gilbert, with O’Meally’s younger brother Patrick often implicated in robberies and, before long, a newcomer and murder who escaped from Bathurst Gaol in February 1863, Fred Lowry. For the next few months, these men would set alight the goldfields of central NSW.

Meanwhile, as Gilbert re-emerged, the colony was enthralled with the Escort Trials' proceedings and its first conclusion. On the 14th February, the newspapers carried the news of the end of the trial of Fordyce, Bow, Maguire and Manns and the citizens waited with bated breath for the outcome. As they waited for the announcements of the verdicts. The court gallery and outside crowds were on edge as word soon spread that objects were secreted into the gallery for a riot in the event of an adverse finding. However, to the Judge's dismay, a hung jury emerged, and the prisoners once again were returned to Darlinghurst as the Chief Justice Sir Alfred Stephen sort direction from the government. The government was to have their pound of flesh and consequently directed a new trial for the accused. The secreted missiles disappeared. Whereby Charters and Richards, as informers, became the target of the public's disgust. Furthermore, following much of the evidence over the events of the Escort robbery coming to light enhanced John Gilbert, a bushranging celebrity of the western districts; "The escort robbery case lasted over three days, and was brought to a close by the jury not being able to agree. The parties indicted for the offence, including the wounding of James Condell, were Alex Fordyce, John Bow, John M'Guire, and Henry Manns alias Turner. Manns objected that he had never been known as Turner, and after discussion that name was struck out of the indictment. The trial of Manns was then postponed. Mr. Martin and Mr. Isaacs ably defended the other prisoners. The principal evidence in support of the charge was that of two men named Charters and Richards. Charters was one of the escort robbers. And Richards appeared to have been connected with them in a more indirect way. Gardiner was the leader of the robbers. Evidence of respectable parties was given in corroboration of some points of the approvers' testimony, but the case rested on all its main points upon the evidence of Charters and Richards, men of admitted bad character, at least in some respects. It being a capital case the jury were locked-up each night until it was finished. On the third evening, prior to the jury being locked up to consider their verdict, about 1000 persons were in or about the court in anticipation of hearing the verdict. An extraordinary circumstance occurred in the Supreme Court, Sydney, on the morning when the jury on the escort robbery case was discharged. The Herald says; - His Honor, addressing the officer of police in charge, directed that three extra constables should be stationed in the gallery and a like number in the body of the court, and that this precaution should be followed up by the arrest of any person attempting a disturbance. He was informed that early this morning a number, of stones, brickbats, and missiles were found in the gallery, and that they had evidently been conveyed there for some purpose unknown, it was not shown how they came there; suffice it to say that they were found there. Constables would, therefore, be stationed in the gallery and the body of the court on each day till the session closed." [The impression of the officers of the court regarding these missiles is that they were intended to be thrown at the informers {Charters and Richards) in the event of the case closing on the Thursday night. The presumption is that they were left were found by some of the friends of the accused.]³⁸

The press was relentless in addressing the plight of bushranging and invented many assumptions regarding its current path as well as regard its outset, pointing the finger at the sealing up of the large fertile tracks of the interior by Squatters who in the 1830s and 40s snapped up massive areas squeezing out the small prospective selectors and where large landholders dominated for their own means, the parliament. The path to parliament in the 1860s was trekked by those who had the finances and social standing, whereby the mainly uneducated folk were not compelled to participate. It was not compulsory to vote. Therefore, many parliamentarians achieved their seat by a few well-placed incentives for district votes. The fix in pre-federation was certainly in. However, the government was in the process of redistribution through the Robinson Land Act. This move was an attempt to create equity in the ownership of land both out on the vast plains and in the local town precincts; "let us not lose sight, however, of another fruitful cause, concurrent in its effects with the foregoing of the prevalence of highway robberies in the bush. The pastoral system had been raising a set of wild youths whose whole habits and training threw them on the first temptation into a career of lawless adventure. Of this character and origins are each and all our notorious highwaymen. PIESLEY, GARDINER GILBERT, are all bush natives,- all stockmen, drovers, horsemen- all the natural products of the squatting system. They are precisely of that class, who, it has been long foretold in this journal, would be brought forth by that system by way of retribution for its selfishness. Such are the chief causes, plainly and truthfully stated of the present prevalence of highway robberies in the country districts..."³⁹

However, the above explanation was typical in deflecting accountability for the polices' failure and a lack of consistent education practices or compulsory schooling of the Cockatoo squatter children and the local town children of itinerant workers. Lack of skills led to idleness and, for some, the easy step into crime. As Frank Gardiner said on the subject; "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." Therefore, drawing a link between those with land and those without turning to bushranging is ludicrous. 1860 is no different from 2020, as we all have choices and personal responsibility to determine our path. Failures are yours and yours alone. It has become to easy to blame others or circumstances for those failings—John Gilbert, educated by his family antecedents, prosperous law-abiding citizens. Gilbert's crime partners were also from an industrious effort and risk environment, such as Ben Hall, a former large landholder and moderately wealthy. John O'Meally was educated and from a family that previously controlled the vast Arramagong Station 30,000 acres and others who were often provided with a form of education by tutors. They chose poorly.

On the 19th of February, the government described Gilbert again in the newspapers; DESCRIPTION OF JOHN, alias JOHNNY GILBERT. Between 22 and 24 years of age, boyish appearance, 5 feet 7 or 8 inches high, between 9 and 10 stone weight, slight, light brown straight hair, worn long in native fashion, beardless and whiskerless: has the appearance and manner of a bushman or stockman and is particularly flippant in his address and appearance.⁴⁰ Gilbert's description often varied in height and appearance. At times, Gilbert was reported as 5ft 10in, 8in, 11in and very attractive.

For Gilbert and the gang, an age-old system of communication prevailed colloquially known 'Bush Telegraphs'. These old-style runners or messengers and informants were in a position to have their fingers on the pulse of police activities and were able to pass the word swiftly for a reward. These messages conveyed police movements, persons travelling with large sums of cash, mail coaches with valuables on board, and a myriad of other pertinent intelligence, including those assisting the police. Information paramount in the prosecution of robbery of the lonely traveller; "another thing that greatly counteracts the strenuous efforts of the mounted police is the system of "bush telegraphy" which I will explain. Of all the numerous settlers on the Fish River, Abercrombie Ranges, or the Levels, scarcely half are true subjects; only five settlers on the levels are considered by the police to be truly loyal and free from the taint of harbouring, and directly or indirectly encouraging bushrangers. For instance, some two or three months ago, the patrol were on the Bland Plains (the Levels), in pursuit of some well-known desperadoes, who they know were not many miles off, and they called at a slightly suspected station, but being unsuccessful, they proceeded to the next station, the residence of a truly loyal man.—a gentleman, though boasting of no great birth or education—no scion of aristocratic tree, yet still a gentleman; "for honest men are the gentlemen of nature." He gave the officer in command all the information in his power, but while doing so, he suddenly exclaimed: "Haste! or you'll be too late; for by Jove there goes the 'telegram' from Mr.— — — 's place you passed last." The officer looked in the direction pointed out, and there was, straight across one of the highest ranges at a stretching gallop a finely-mounted youth. No time was lost by patrol, but when they got to their destination, they found the residents calmly awaiting their arrival, having been evidently on the look-out for some time. Of course, everything was found correct and square; so the police had to return, sadder, but in slightly one sense (i.e., bush-telegraphy) wiser men. There is a strong suspicion that a "bush telegram" exists in this very township; for upon the day that Gardiner despatched his junior corps upon the above mentioned strategic expedition to Bentick Morrell, and some other stations, after the plundering, they camped in the evening in a secluded part of the bush, near Marengo, not very far off the old sheep station, and were visited by some two or three members of a certain family here.⁴¹ These telegraphs enabled the bushrangers to move with ease amongst the throngs of miners and shanty's they patronised; "Of course, they experienced no interruption from the authorities, as the villains were well aware that the police were on a wild-goose and previously cut-and-dried chase miles away..."

Back riding the range and tracks of the Weddin, Pinnacle Mountains and the rich gold areas Gilbert saddled-up with O'Meally, Ben Hall and newcomer Patsy Daley struck again at Wombat close to Lambing Flat, sticking-up the general-store of Mr Meyers Solomon; 'The Sydney Morning Herald' Saturday 28th February 1863; SYSTEMATIC PLUNDERING UNDER ARMS.- Writing to the Yass Courier from Burrangong, on the 23rd Instant, the correspondent of that journal says:- "The store at Wombat, belonging to Mr. Myers Solomon, was stuck-up by four armed men on Saturday, about four p.m. They had evidently made a regular arrangement for the onslaught on the goods, as they had three led pack-horses in readiness to convey spoil. Those animals they well and very coolly loaded with, as much as they could carry; also appropriating all they could conveniently take on the horses they rode. In fact, they just took what was most valuable in the shape of jewellery and store goods. They likewise relieved Mr. Solomon of two splendid revolvers and a double-barrelled gun. One man cautioned Solomon against resisting, saying that he shot Cirkel. Mr. M'Carthy, of the Oriental Bank, when on his way from Wombat the same afternoon, passed four men answering the description of the robbers, but having along with him an escort of two troopers, and himself well-armed, the knights of the road left the way clear, taking to the bush on their near approach. No trace has, I believe, been fond of the villains that can be followed in the absence of black trackers. Their sagacity in these matters has been found to be wonderful."

However, before the pillaging of Meyers Solomon. John O'Meally was involved in the shooting death of a German hotelier Adolph Cirkel at the Stoney Creek diggings. O'Meally, in company with another long believed to be John Gilbert, attempted to rob the Miners Rest Hotel, whereby in the process, Mr Cirkel walked in, surprising the two assailants. A struggle ensured between Cirkel and O'Meally for the revolver. As O'Meally arm-wrestled Cirkel, his accomplice called out, "Shoot the bastard." Instantly O'Meally pulled the trigger, Cirkel dropped dead. The second assailant was described as short 5ft 7in stout build, and roughly twenty six-thirty years old, around 13 stone. This did not fit the known attributes of John Gilbert. Gilbert was described as 5ft 8/10 in height, slim around 10 stone (63Kg) light brown straight hair, worn long in native fashion, beardless and whiskerless. Two other possibilities for O'Meally's accomplice were a rogue named John Clarke or Ben Hall. Both known to be riding with O'Meally at the time. An inquest was conducted and the medical examiner outlaid his findings;[sic] Henry Wilkinson sworn, deposed: "I am a legally qualified medical practitioner, and live at Young; yesterday, by direction of the Coroner of the district, I made a post mortem examination of the body of the deceased at Stoney Creek; on external examination, I discovered a wound, apparently made by a ball about an inch above the left ear; not being able to find any piece where it had made its exit from the skull, I proceeded to deflect the scalp, when I discovered a tractate of the occipital bone; on removing the fractured portion of the bone the brain protruded externally, and I at once found a portion of the bone flattened just inside the substance of the brain; I then removed the skull cap, and made a careful and lengthened examination of the brain and base of the skull, having broken down its substance and carefully washed it, but without being able to find any further appearance, of the ball; I am of opinion that the wound was sufficient to cause instant death." The jury returned a verdict that the deceased came by his death by a wound from a pistol, fired by the taller of the two men. A verdict of wilful murder was made against both parties, names unknown.

NSW Police Gazette
March 1863.
On the 14th March, Gilbert and O'Meally bailed up Mr Percy Scarr near Burrowa, relieving him of several items and his horse and gear. Mr Scarr would have some run-ins with Gilbert, Hall and O'Meally in the coming weeks. Mr Percy Scarr, then manager of a station belonging to Mr Broughton, was present when Hall, Gilbert, O'Meally and another Henry Gibson were set upon by police during Hall's relocation of Susan Prior and his daughter Mary following the incineration of the Sandy Creek home while at Scarr's station in April 1863.

Percy Scarr.
c. 1905.

Private Source.
Following the Solomon robbery, 
the Cirkel murder. Gilbert had detached himself from Hall and O'Meally, who, now in company with O'Meallys first cousin Patsy Daley, (who helped himself to sweets during the Solomon robbery,) confronted police inspector Norton and tracker Billy Dargin near Hall's former station Sandy Creek. The trio surrounded Norton and letting fly with a fusillade of bullets forced Norton after his own ammunition was expended, to surrender. Billy Dargin escaped on foot, reaching the Pinnacle Station to raise the alarm.

While Hall and O'Meally held Norton. Gilbert was off on his own and did not participate in Norton's capture. Gilbert from reports appeared to be holed up with one of the many friends from his stockman days. No doubt Gilbert, as a ladies favourite the young flash robber was seeking out the ladies fair. As reported on 11th March 1863 with Gilbert enjoying not only the sweet juicy peaches but the even sweeter peach-blossomed girls; "Writing on the 23rd ultimo'Johnny Gilbert,' who is known to have a great 'penchant' for Marengo and its peaches. The last time our patrol were absent Gilbert came and got some peaches from another party; it seems pretty certain that either the peaches or the peach-blossom cheeks of some of the girls about here, seem to act as a magnet to the youthful desperado. I know for a fact that not a month ago he got a handkerchief full from a contiguous settler, with whom he was a stockkeeper for some time." The latest news of Gilbert's whereabouts also highlighted the ease in which Johnny moved about the area;[sic] "Mr. John, alias Johnny Gilbert, again visited this neighbourhood, and was seen by several, and actually had the effrontery to call at a respectable farmer's (Mr. Batkin's) and ask how they all were, and solicit a light. It is lucky for him that the male members of the family were absent, or the young freebooter (notwithstanding his revolvers) might have found himself in awkward clutches...”

As Gilbert settled back into life amongst the Weddin Mob having left his two brothers James and Charles in January 1863 at the Dunstan. The two men were arrested at the goldfield in New Zealand on the 12th March 1863 under the suspicion that they were connected to Frank Gardiner. 'Dunstan News' 13th March 1863, "The two Gilberts, supposed to be associates of Gardiner, the notorious bushranger of New South Wales, have been remanded. Charles and James Gilbert,— we are informed that they were at first arrested as deserters from the 70th Regiment. This charge, they treated with the utmost contempt, and laughingly referred to the blunder the police had made in arresting them on it. When, however, on the second day; they were informed of the true nature of the charge preferred against them, they became frightfully indignant at the manner in which they had been deceived. The Magistrates, before sending them to Sydney, wished to have further information, for "which they have sent to the New South Wales police."

NSW Police Gazette
April 1863.
In March 1863, as Gilbert was wiling away his time amongst some close acquaintances at Marengo, another fringe rouge was stealing horses in the Lambing Flat district. Originally from Sutton Forrest near Berrima, a young man named Thomas Nye, a carpenter by trade, 5ft 9in was taken into custody by sub-inspector Roberts for theft including suspicion of;
[sic] 'being concerned in the late escort robbery at Eugowra.' There was something familiar about Thomas Nye that piqued the interest of the NSW police. That being Nye's reputedly uncanny resemblance to John Gilbert. A similarity saw Nye ferried from Lambing Flat to Berrima and Berrima to Darlinghurst gaol then back to Berrima then again Lambing Flat for identification by none other than the informant on the Eugowra Escort robbers, Daniel Charters. Charters travelled to Berrima gaol to provide his identification as to whether Nye was indeed Gilbert. Charters stated that Nye was not the famous Johnny Gilbert, a man the informant knew intimately.

Nye, Darlinghurst Gaol
April 1863.
However, the police were not convinced, and for four months, Nye was booted around the gaols as the police were sure they had the man providing them with tremendous headaches. Thomas Nye was no saint and would be charged for numerous offences from stealing to fistfights with neighbours over his life. Nye was educated and had, during the Boer War wrote poetry about the gallant English forces. Nye would, in November 1863, be incarcerated for horse stealing and larceny, released in November 1864 at Berrima, then short walk home to Sutton Forrest. The farce of Nye's apprehension as John Gilbert is linked below.
The Sydney Morning Herald
Tuesday 21st April 1863
YOUNG.

Whether Gilbert was aware of his doppelgänger Thomas Nye being arrested is unknown. However, after a short recess, the handsome bushranger appeared back on the road. Robbing several persons in company with no doubt Hall and O'Meally as their other henchman Patsy Daley had been captured by Sir Frederick Pottinger hiding in a mine shaft at the Pinnacle Range on the 11th March 1863; Goulburn Herald' Wednesday 8th April 1863 - STICKING UP AT LITTLE WOMBAT. --- "We are informed upon good authority, that three ruffians, one of whom is supposed to be Johnny Gilbert, stuck-up and robbed about fifty Chinamen and some Europeans, yesterday morning, between eight and nine o'clock. Information having been sent to the police at Murrumburrah, one of the force stationed there immediately started for the camp here, and gave information to the police authorities, when a number of the mounted troopers were at once despatched with the black tracker in pursuit of the desperadoes. For the ends of justice, we hope they will be apprehended without delay."-Burrangong Star.





#-Reference notes and source material can be accessed on the EndNote page except where the 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'.

8 comments:

  1. The Legend of Ben Hall movie is a pure film gem, much like being there in 1860's, the countryside so gorgous it appears "photoshopped" and its crazy how the actors without sugar coating anything could make the purely criminal characters so....lovable. Amazing movie which many will miss, poor things.

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  2. What a wonderful web site and so much research and detail about Ben Hall and his accomplices Johnny 'Happy Jack' Gilbert, John O'Meally etc. Ditto Harold Missamore (above) comments. I borrowed the DVD from my local library on the recommendation of Johnny Gilbert's ggg niece. Proud to have Johnny Gilbert in our family tree. A loveable rogue who went wayward.

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    1. Thank you very much. Still a lot to do. Have his niece contact me if you wish.

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    2. why would you be 'proud'.. He shot and killed a police trooper. That's nothing to be proud of.

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  3. Ive been fascinated by Ben Hall and his exploits since the BBC series many years ago, and collected a few books about him on a visit to Australia seven years ago. Just recently watched the Legend of Ben Hall movie mentioned above and was struck by how close the actors chosen resembled the Ben Hall and his accomplices, and how close the story seemed to be to the actual truth. Great site, thankyou, Tony Matthews (no relation!)

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  4. Congratulations on your awesome website. Constable John Bright of the NSW Mounted Police 1864-1866 Carcoar was my 3x great grandfather and I do believed he is the police officer who shot and killed John Gilbert.

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    1. Thank you, still have far to go. However, my research continues and I will arrive at your esteemed relatives great contribution to ending Gilbert's career and almost John Dunn. Mark Matthews.

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    2. Megan, thankyou for the information of your 3x great grandfather Constable Bright who shot and killed Johnny 'Happy Jack' Gilbert. I will pass it on to his 3x ggg niece.
      Sue, my husband was a former NSW Police Officer for 30 years. Maybe my choice of word 'proud' offends but how many family genealogists find convicts, law breakers in their family history?
      Keep searching Mark!

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