This Page is a work in progress, which may alter with new research ...
The aim of this page is to recount aspects of the life of bushranger Frank Gardiner from the cradle to the grave. Francis Christie, colloquially known as Frank 'The Darkie' Gardiner, is widely claimed to be the father of the modern Australian bushranger. However, for Ben Hall, Frank Gardiner became the one person who would wield the most influence as Hall descended deeper into criminal activity commencing at the dawn of 1862. Ben Hall's Sandy Creek Station co-owner John Maguire noted: "things got from bad to worse, till Frank Gardiner, the bushranger came. He capped the lot. Now under 'The King of the Road's' influence Ben started on his notorious career..." Gardiner was irrepressible and was often characterised in the mould of the famous 17th-century highwayman Claude Duval. He was educated, articulate, handsome, roguish, daring, an excellent horseman, charming and quick-witted. Known more than once to put a twinkle in a ladies eye.
The aim of this page is to recount aspects of the life of bushranger Frank Gardiner from the cradle to the grave. Francis Christie, colloquially known as Frank 'The Darkie' Gardiner, is widely claimed to be the father of the modern Australian bushranger. However, for Ben Hall, Frank Gardiner became the one person who would wield the most influence as Hall descended deeper into criminal activity commencing at the dawn of 1862. Ben Hall's Sandy Creek Station co-owner John Maguire noted: "things got from bad to worse, till Frank Gardiner, the bushranger came. He capped the lot. Now under 'The King of the Road's' influence Ben started on his notorious career..." Gardiner was irrepressible and was often characterised in the mould of the famous 17th-century highwayman Claude Duval. He was educated, articulate, handsome, roguish, daring, an excellent horseman, charming and quick-witted. Known more than once to put a twinkle in a ladies eye.
Francis Christie
Alias Frank Gardiner
("The Darkie")
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| Above is a copy of Gardiner’s NSW prison document which displays his birthplace as Boro, NSW, which is false, and thus the widespread misinformation on Francis Christie's life begins. |
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| Francis Christie c. 1861 |
"Amongst the lawless marauders who, during the early eighteen sixties, established a reign of terror in the country districts of New South Wales, says the Melbourne 'Argus' of the 30th of September, Frank Gardiner achieved special distinction. He was the founder, and first leader, of the ruffian syndicate which included Ben Hall, Gilbert, Dunn, Vane, Burke, and John O'Meally as well as other miscreants. Within four years these truculent bandits perpetrated over six hundred crimes, which included daring robberies and cold-blooded murders. Frank Gardiner was Australia's premier bushranger, the most sophisticated of those criminals who plyed their trade in the late 1800s through the use of the revolver pointed at the heart of innocents. During his life, Gardiner would adopt the pseudonyms of both Frank Clarke and Frank Gardiner. The quintessential bushranger encompassed as well the use of theatrics in the form of disguises, chiefly as a man of the cloth. Frank Gardiner was born Francis Christie at Dingwall, Ross-shire a short distance from Inverness in the far north of Scotland in 1829.¹(I have adjusted the extract to reflect the now known origins of Francis Christie.)
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| 'James' arrival recorded in The Sydney Herald, Nov 1834. |
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| The Sydney Gazette and New South Wales Advertiser Saturday 25 July 1835. |
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| Letter was written by Charles Christie in April 1840, while employed by Henry Munro. |
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| 'James' |
Young Christie enjoyed a good quality of life and education under both his father and Henry Munro's guidance, whereupon the departure of Charles, Henry Munro fully incorporated the Christie children into his life. However, whether some angst or ill-feeling or resentment arose between the young Francis and his new stepfather is unknown as in 1842 while at Collingwood, Melbourne, Jean Munro passed away from illness. The departure of his father was also hard news. Therefore, Christie's mother's death was no doubt a distressing blow to the young man just thirteen years of age. As a result, a form of rebellion may have tested the relationship between Munro and Francis. Furthermore, prospects for Munro were changing following the death of Francis' mother, whereby, Henry Munro resettled the family in 1843 to the small hamlet of Portland in southern Victoria close to the South Australian border at the Crawford River and commenced working a station of that name. Before Munro and partner took control of the station, it was owned by a Mr Cameron; 'The Melbourne Daily News' Tuesday 13th February 1849; Henry Munro, Name of run — Crawford, Estimated area — 70 000 acres, Estimated grazing capability — 60 head of cattle 15, 500 sheep. This run has been transferred, with the sanction of Government to Messrs Henry Munro and Andrew Rose Cruikshank, in whose names the lease will accordingly be prepared. Furthermore, Munro would later sell Crawford's Station and assume control of Bassetts Station nearby which was then sold in 1862. However, some years later when the long arm of the law finally caught up with the future celebrated bushranger and while Christie was applying all his charm in the effort of procuring a ‘Ticket of Leave’ in 1859 from Cockatoo Island, it appeared that Christie under his pseudonym of Clarke generated some empathy to the powers that be by commenting;[sic] "as a youth was led into temptation "when uncontrolled by parental influence or good example..." Evidence suggests that this was far from the truth and may purely have been his refusal to adhere to Munro's discipline or had the days as a boy at his father's sly grog shop formed the man? (In 1846, Henry Munro remarried a Catherine (Kate) Power at Portland and the union produced ten children.)
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| Henry Munro, Boro Creek 1838. |
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| The arrival of Christie Family, 1834. |
Lake Mingo, Murray River, May 1850.
J.C., Esq., auctioneer, Portland.
"Sir,—I have no doubt you will feel surprised at being addressed by a stranger, but as it is on business, you will excuse the liberty taken. I have sent my superintendent, Mr William Troy, to Portland with 33 head of horses, which I consider a fair sample for any market. The same I wish you to dispose of by the hammer to the highest bidder. Should the price realised please me, I will send you over another draft in the course of a month. Mr William Troy is authorised to receive the proceeds, and his receipt will be a sufficient acknowledgement. Please to give him only such money as is current in Portland.
I remain sir,
your obedient servant,
ANDREW TAYLOR.³
Christie's letter.
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| Crawford Station For Sale. 'The Argus' 4th February 1851. Courtesy N.L.A. |
Just at that moment the landlord, in his anxiety to take care of himself, allowed the candle to be blown out by the wind, and it became necessary to dare the prisoners to move, under a threat of being fired upon. The candle was soon relit when the other man was then handcuffed. He then sat up in bed, and rubbing his eyes, began the following cool talk: —"What's ado? What's up? Oh, I see! you have come here looking for some horses. You'll find them outside—they're all right." "You scoundrel," said the elderly servant, "to steal a poor man's horse." "Had you a horse amongst the lot, old fellow? If I had known that I should have cut him out for you. But I wasn't coming up to your kitchen to tell you when we were going to steal your horses. Oh! you've done a heavy trick; you have come here with guns and pistols, and swords, and one fellow with a big whip round his shoulders, to take three men, unarmed, asleep in bed. Oh! you've done a heavy trick! Somebody laid you on, or you would never have caught us." "You're wrong there," replied the elderly servant "we tracked you all the way." "That you didn't. If you had not been laid on you could never have found us. Oh! you've done a heavy trick."⁴
No arms were found on the prisoners, but the troopers alleged afterwards that they had ascertained that they had been armed till they reached a shanty three miles north of the inn where they were apprehended, as they probably did not think it prudent to enter the town of Portland with arms in their possession, as suspicion might be thereby excited. On mustering the horses the next morning, a young colt was missing, and it was conjectured that it might have been left at the shanty, too, as the arms were supposed to have been. A visit to the shanty was therefore made, and the keeper swore that he knew nothing about it, but on seeing a pair of handcuffs, with an intimation that he would have to visit Portland, suddenly recollected where the colt was to be found and produced it at once. The prisoners and the horses were then taken into Portland, and the case was brought before the police court, presided over by the police magistrate, Mr. James Blair. The publican, however, in whose house the prisoners had been found did not appear, and had intimated to the court that he would not appear without a summons. The prisoners were therefore remanded till the following day, and a trooper was dispatched with a summons to the publican. The horses supposed to belong to the prisoners were sent to the police paddock. One was a magnificent animal and doubtless had not been honestly obtained. It had disappeared from the police paddock by the next morning. On the following day, the prisoners were brought before the court and committed for trial. From Portland, they were sent to Geelong, thence to Melbourne, and back again to Geelong. The trial was to take place on a Monday in October. The prisoners were in the gaol at South Geelong, and on the Sunday afternoon previous to the trial a warder went to a cell with a bucket of water. On opening the cell door to hand in the bucket, he was caught by the neck by one of the prisoners, and pulled in, when 11 prisoners, amongst whom was William Stewart, alias Mr. William Troy, the assumed superintendent of the assumed Mr. Taylor, having locked the warder in the cell, walked out. In one of the passages, they met another warder and put him in the cell with his mate when the whole 11 rushed out and armed themselves with sticks. Two of the town police immediately attacked them and succeeded in recapturing three of them after using their batons freely, fracturing the jaw of one of them, who was a murderer. The other eight, amongst whom was Mr. William Troy, made good their escape, and only one of them was afterwards secured.⁵
NOTE: Mr Bilston was one who walked on occasion the shady side of life and in 1849 had applied for a wine and beer license for the Tasmanian Inn, Steep Bank Rivulet, however, he was refused. A year later Mr Bilston commenced operating the Fitzroy Tavern, at the Fitzroy River. Subsequently, following the affair with Christie and Morton Bilston's property was obliterated by a server bushfire which ravaged the settlement in February 1851. 'The Argus' Tuesday 18th February 1851; Mr Bilston of the Fitzroy Tavern, has been the victim, almost to ruination, of the fire which so generally pervaded this part of the district last week. His place is now a total wreck or rather a blank. Not one vestige of the houses remain except the chimnies, which remain the alone monuments of the destruction done; a favourite horse was burned to ashes in the stable; the very fowls were shrivelled to the bulk of an ordinary-sized potato. So intense was the fire that the very articles which were dragged from the house and thrown into the river in order to preserve them, did not escape the general conflagration, so much of them as was above the surface of the water was destroyed; the bridge has been burnt down to the water's edge. A dray of John Wheelers which was on the premises is totally ruined, as also the blacksmith's shop which stood about 150 yards from Mr Bilston's. Mr B's loss is estimated at fourteen hundred pounds. Brown the groom, has lost £17 in notes, which have gone to feed the flames. The relation of such incidents are truly melancholy and distressing.
Nabbed! However, upon Francis' arrest his stepfather, Henry Munro through his good standing as a grazier attempted to exert some influence on Morton, a fellow Scot, due to their former acquaintance as respected grazier's in the Campasne district. Unfortunately this influence fell on deaf ears as Morton would have none of it and expected the full force of the law to be administered on Christie and his mates; "As illustrating the influence which even then was exerted on behalf of Francis Christie, the afterwards notorious bushranger, the owner of the stolen horses received a short time previous to the trial a letter from one of the oldest, most respectable, and best-known squatters of the Western district, (Mr Henry Munro) asking him not to press the charge against Christie. The owner had been bound over to prosecute, and, therefore, he had not the power to interfere. The request was of course, a highly improper one to make..."⁶ Munro sought out others in an effort to free his troublesome stepson, but to no avail.
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| The Stockade, Pentridge, Melbourne. c. 1849. The First Established Receptacle for Criminals. Artist unknown. |
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| Dr W.C. Haines, Foreman of the Jury for Christie. Later 1st Premier of Victoria. 1855-1857. |
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| Illustration of Christie's escape from Pentridge, Coburg, Victoria 1851. by Percy Lindsay c.1935 |
Eleven prisoners had succeeded in escaping amongst whom was Christie. Of the escapee's all but five were recaptured within a few days. Following the successful escape. The fugitive Christie set off north towards his former home. Here he had been sighted 'digging close' to the Government camp at a new prospective goldfield on Bandicoot Creek (Bendigo). However, upon being detected, Christie fled north crossing the Murray River into NSW. Blending in with the many miners en route to the new goldfields near Ophir recently discovered by Hargraves, Lister and Tom's. Country NSW in the mid-1850s consisted of sparsely settled hamlets often just a few huts or shanties and a trade store and for Christie limited police. Allowing for easy pickings of quality horseflesh. Christie's mate in the Morton adventure John Newton split from Christie following their escape. However, he had not the same success as Christie and was recaptured and returned to Pentridge. Newton soon after again effected his escape from the stockade on the occasion of another outbreak of prisoners. Christie's arrival in NSW put a great distance between himself and the Victorian authorities. As after firing with intent to kill a prison guard Francis' escape may well have been seen as a capital crime and therefore a hanging offence. In NSW, Christie assumed a new alias of Clarke, where after an uneventful period of stock work in the Abercrombie/Goulburn surrounds once again resorted to his old trade, horse duffing. 'The Darkie' commented years later on his fall into horse stealing and how he commenced his criminal life;[sic]"from want of suitable, employment. Young men can find no employment in the country districts except herding sheep or stock-riding. The latter occupation leads to horse-stealing simply because you become wholly engrossed in horseflesh, and the crime is so easily committed that you do not think of the consequences. Horse-stealing and horse "sojering" are of everyday occurrence in certain parts of the country..."⁸ Christie's first foray in NSW did not go well when in the company of a youth named Prior he attempted to pull the same stunt as at Portland. |
| Newspaper reports of the £10 reward for Christie's capture after his escape from Pentridge Prison, Melbourne on 26th March 1851. Note, Charles Herring who would appear as an NSW Trooper named Zahn in 1863 in an attempt by the Government to capture the now named Frank Gardiner, Ben Hall and Co. |
Authors Note: Pentridge Stockade, Coburg– In 1850 Superintendent La Trobe ordered the construction of a stockade for the detainment of prisoners doing hard labour. After the Port Phillip District separated from the Colony of New South Wales in 1851, the new Colony of Victoria had to take responsibility for its own prisoners instead of sending them to New South Wales as they had been previously. The stockade opened in December 1850, in anticipation of this responsibility, and La Trobe appointed a detachment of the Native Police Corps to guard the prisoners. The Native Police had to undertake sentry duty around the stockade and supervise road gangs. The Native Police undertook this role for eight months until August 1851 (Fels, 1988:206‐207; Eidelson,1997:36). The original stockade of wooden buildings was transformed into the enclosed bluestone Pentridge Prison more familiar to us today over the period 1857‐1864. Eventually, the State Government closed the prison in 1997 and sold off part of the site for housing development. (Source; Indigenous Cultural Heritage and History within the Metropolitan Melbourne Investigation Area. A report to the Victorian Environmental Assessment Council By: Dr Shaun Canning and Dr Frances Thiele. Date: February 2010.)
Nevertheless, having shot through from Victoria and surfacing in NSW in the vicinity of the Abercrombie/Goulburn and Fish River area 1853. It would not be long before Christie dipped his hand once more to horse stealing. Furthermore, while at the Fish River, Christie commenced using the alias of Francis Clarke as well as Gardiner. The use of Clarke may well be derived from a stock employer named Clarke near Boro NSW for who Christie may have been employed by? Of course, this is conjecture? However, a police officer would as well later state that he knew of Clarke as Gardiner at Goulburn in 1853.
Furthermore, during this period Christie also made the acquaintance of one who would become a close and lifelong friend, one William Fogg. Fogg an ex-convict dabbled in all manner of theft and villainy throughout southern NSW from the Abercrombie and Fish River area to Bungendore and was closely associated with bushranger John Peisley from the mid-1850s. In 1846 Fogg escaped conviction after allegedly stealing nails; 'William Fogg was indicted for stealing at Braidwood, on the 20th October last; 2000 nails. the property of one William Hawes. Mr. Holroyd defended the prisoner. The Jury found him not guilty, and he was discharged.' Peisley also emerged as an accomplice of Christie's where the pair reputedly met at Cockatoo Island.
However, in February 1854, after two years quiet since fleeing Pentridge Gaol, Christie emerged in company with young Prior herding some horses to Yass for sale by auctioneer Mr John Moses, stating they had come down the 60 miles from Tunea. Using the exact same method as at Mt Sturgeon the horse thief penned a receipt for the sale of the horses to the Yass auctioneer. His accomplice, Edward Prior hailed from Goulburn where he lived with his family;[sic] "Edward Prior is the son of Mr Henry Prior of this town, and has hitherto borne an irreproachable character..." Another arresting officer constable Pagett also revealed that he had known Christie at Goulburn.[sic] "knows the prisoners, who live near each other in Goulburn; he knew prisoner Clarke under the name of Gardener..." Alias' appear to be Christie's forte. However, the auctioneer John Moses suspected his new clients were shady and consulted Chief Constable M'Jennett, who subsequently arrived at Harts, Royal Hotel, Yass where Christie and Prior had taken lodgings. Mr Moses later recounted;[sic] "on the same evening prisoner Clarke came and brought back the posting bill and told me if I put some bills up the next morning I should have a good sale of the horses, and that they would be ready on the following morning; the prisoners brought in 16 horses that night and put them in Mr. Hart's yard; Clarke told me he had purchased them at Tuena diggings; either on that night or the following morning, Mr. Hart gave me a paper; I showed it to Clarke who said it was right, and that it contained the brands and colours of the horses; Prior was not present at the time; the list consisted of 13 horses; on examining the horses I found that five of them had R reversed on them, while the letter was not so in the receipt; I pointed the circumstance out to Clarke, who said it must be a mistake, describing the brands on the receipt..." Henry Hart; ‘The Sydney Morning Herald’ Tuesday 21st March 1854; Henry Hart, of the Royal Hotel, Yass, proved that the prisoners came to his house, on Sunday, 26th February last, that they had a number of horses with them, which they wanted to sell; Clarke gave me the receipt, now produced, to hand to Mr Moses, the auctioneer, as a description of the horses for sale, which I did the next morning; the horses were taken by the Police, and both the prisoners apprehended. Christie had relayed that the horses had come from Tunea. M'Jannett discovered otherwise, whereby, for Christie/Clarke and Edward Prior the police investigation had discovered that five of the horses bore the brand of Mr Reid a well-known settler on the Fish River. The jig was up! Furthermore, Prior also claimed that he was only employed by Christie to herd horses to Melbourne;[sic] "Prior stated that he had been hired in Goulburn by the prisoner Clarke to go to Tuena, to take horses from there to Melbourne."
Furthermore, during this period Christie also made the acquaintance of one who would become a close and lifelong friend, one William Fogg. Fogg an ex-convict dabbled in all manner of theft and villainy throughout southern NSW from the Abercrombie and Fish River area to Bungendore and was closely associated with bushranger John Peisley from the mid-1850s. In 1846 Fogg escaped conviction after allegedly stealing nails; 'William Fogg was indicted for stealing at Braidwood, on the 20th October last; 2000 nails. the property of one William Hawes. Mr. Holroyd defended the prisoner. The Jury found him not guilty, and he was discharged.' Peisley also emerged as an accomplice of Christie's where the pair reputedly met at Cockatoo Island.
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| Early woodcut of Frank Gardiner, The Bushranger. c. 1861. |
Consequently, M'Jannett arrested Francis Christie, who had dropped the Christie for Francis Clarke, and his accomplice Edward Prior at the hotel. Whereby they faced court; 'The Sydney Morning Herald', Tuesday 21st March 1854; "Francis Clarke, and Edward Prior, late of the Fish River, in the colony of New South Wales, were indicted for stealing, at the Fish River aforesaid, on the 1st July last, five horses, five mares, and five geldings, of the goods and chattels of one John Reid." M'Jannett had sent for Reid, who identified the horses. John Reid, sworn in and examined:op.cit. "Is a settler residing at the Fish River; recollects seeing five horses at the Royal Hotel, at Yass, on the 28th of February last; these horses are my property; I never sold them to any person; I received information that these horses were in the possession of the police." The prisoners were tried at the Goulburn Assizes on the 17th of March, 1854. Christie appearing under the alias of Francis Clarke. They were convicted on two charges, Christie being sentenced to seven years’ imprisonment with hard labour on each charge, Prior not guilty on the first but guilty on the second. 'The Goulburn Herald and County of Argyle Advertiser' Saturday 4th March 1854; Horse Stealing. -"Last week the police at Yass apprehended two young men who gave their names as Francis Clarke and Edward Prior, on suspicion of stealing sixteen head of horses which they had driven into that town for the purpose of being sold by auction. Five of the horses have Mr David Reid's brand on them. Clark made a statement to Mr M'Jennett, the Chief Constable, of the manner in which they had come in possession of the horses, which they said they had purchased from one Joseph Williams at Tuena. There is reason to believe that this account of their possession is false, as no such person as Joseph Williams is known at Tuena. Edward Prior is the son of Mr Henry Prior of this town and has hitherto borne an irreproachable character. Francis Clark is also of Goulburn, his real name being Gardiner." How wrong they were! for if Clarke was exposed as Christie he would have been sent back to Victoria to face escape charges that may have resulted in the death penalty. (See link below for Christie's 1854 court proceedings)
Guilty! Gardiner was then handed over to John Paget a senior constable in the Goulburn police force who later stated; "I was in the Goulburn Circuit Court on the 17th March 1854; prisoner was being tried for horse stealing; there were two charges tried at the same sitting; he was tried under the name of Francis Clarke; His Honor the Chief Justice was on the Bench; a man named Reid owned the horses in one case, and a Mr. Barker in the other; they both lived at the Fish River; prisoner was convicted on both charges; I escorted the prisoner from Goulburn gaol to Wingello; the warrant was to convey him to Cockatoo Island; at Wingello I gave prisoner and the warrant into the charge of a constable named Paterson; there were three other constables with me in the escort."¹⁰ (John Paget retired in 1873 on a first-class constables pension of 4s. 4d. per diem.)
Following sentencing in Goulburn NSW for which Christie alias Clarke received seven years on the first charge, and then, which appeared unusual for the time, the second sentence of seven years. To be served at the expiration of the first seven and not concurrently for a total of 14yrs was rare. Cockatoo Island (1839-1872) was a prison with a hellish reputation for those who failed to conform. For Christie, it was a nervous time as his Victorian escape may well be exposed. However, Christie arrived at Cockatoo Island prison to begin his long stretch without fanfare. He was just another mug facing a long stretch that would dishearten the toughest of men. Life on Cockatoo was as ordered like any other NSW facility. Whereby for a lawbreaker to serve there you need not have been the worst of the worst, and horse theft although severe was not violence against another human. However, Cockatoo Island as such was a stroke of luck for Christie as at the time many new convicts were being re-routed to Newcastle to construct the breakwater then under construction at the harbour. It was hazardous and backbreaking work and for some, it cost their lives. Christie's luck held as he settled into prison life, however, with the Islands close proximity to the shores of Sydney Harbour escape wondered in his mind. Patience was required. Prison life on Cockatoo consisted of many and varied types of work, such as stone masonry, cabbage-tree hat and mat-making. For some prisoners, they even received a wage to the value of;[sic] "from a penny to three pence per day, they managed to buy tea and sugar, and even pipes and tobacco..." However, Christie was not one who received wages. In fact before long he was seen as a malingerer and would be found concocting some ailment to avoid his duties and constantly presented himself at the infirmary known as the 'Invalid Bank';[sic] "the "Invalid Bank," a spare piece of ground used by the sick prisoners as a recreation ground and occupied by such of the patients whose infirmities did not necessitate their lying up in hospital. The dispensary attached to the hospital was well stocked and supervised by a competent chemist. This spot was a favourite place of Gardiner the bushranger, and as he always had some ailment, or pretended to have, nearly the whole of his time was spent thereon. " Although facing a long period of incarceration Christie apparently keep much to himself and was noted as polite and respected;[sic] "he had a nice agreeable manner and could tell some interesting stories of his bush life. He was not of a boasting disposition but was very reserved with the other prisoners. In fact, I do not think there were six prisoners on the island to whom Gardiner would speak, and it was this that induced them to call him "Gentleman Frank." He was very fond of reading, but on no account would he work for any length of time; he would soon be back to his old quarters—the invalid bank—and amuse himself with carving and manufacturing figures in bone, and reading whatever book or newspaper he could obtain." Christie's artistic talents are recorded (see bottom of this page) one of which was demonstrated in a Bible he inscribed to his future lover Kitty Browne currently held at Young, NSW. Provisions for Christie and his fellow inmates of Cockatoo, which at any one time held as many as 600-700 men consisted of plenty of grub;[sic] "the meal from which the "hominy" (a type of biscuit) was made was boiled all night in an iron boiler, holding about 400 gallons, and the instrument used to stir it was the blade of a paddle or oar. Tin dishes, pint pots, knives, and forks were provided for their use. Large sheds were erected in the prison yards in which they took their meals, and were sheltered from the inclemency of the weather when not employed on the works of the Island. An extensive garden, presided over by a prisoner and worked with prison labour, provided a superabundance of vegetables and ingredients for the soup drunk by the prisoners."
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Goulburn Gaol New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930.
Francis Clarke and Edward Prior entered 30th March 1854. Clarke received 14 years on the roads and Prior to 3 years Parramatta Gaol.
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Following sentencing in Goulburn NSW for which Christie alias Clarke received seven years on the first charge, and then, which appeared unusual for the time, the second sentence of seven years. To be served at the expiration of the first seven and not concurrently for a total of 14yrs was rare. Cockatoo Island (1839-1872) was a prison with a hellish reputation for those who failed to conform. For Christie, it was a nervous time as his Victorian escape may well be exposed. However, Christie arrived at Cockatoo Island prison to begin his long stretch without fanfare. He was just another mug facing a long stretch that would dishearten the toughest of men. Life on Cockatoo was as ordered like any other NSW facility. Whereby for a lawbreaker to serve there you need not have been the worst of the worst, and horse theft although severe was not violence against another human. However, Cockatoo Island as such was a stroke of luck for Christie as at the time many new convicts were being re-routed to Newcastle to construct the breakwater then under construction at the harbour. It was hazardous and backbreaking work and for some, it cost their lives. Christie's luck held as he settled into prison life, however, with the Islands close proximity to the shores of Sydney Harbour escape wondered in his mind. Patience was required. Prison life on Cockatoo consisted of many and varied types of work, such as stone masonry, cabbage-tree hat and mat-making. For some prisoners, they even received a wage to the value of;[sic] "from a penny to three pence per day, they managed to buy tea and sugar, and even pipes and tobacco..." However, Christie was not one who received wages. In fact before long he was seen as a malingerer and would be found concocting some ailment to avoid his duties and constantly presented himself at the infirmary known as the 'Invalid Bank';[sic] "the "Invalid Bank," a spare piece of ground used by the sick prisoners as a recreation ground and occupied by such of the patients whose infirmities did not necessitate their lying up in hospital. The dispensary attached to the hospital was well stocked and supervised by a competent chemist. This spot was a favourite place of Gardiner the bushranger, and as he always had some ailment, or pretended to have, nearly the whole of his time was spent thereon. " Although facing a long period of incarceration Christie apparently keep much to himself and was noted as polite and respected;[sic] "he had a nice agreeable manner and could tell some interesting stories of his bush life. He was not of a boasting disposition but was very reserved with the other prisoners. In fact, I do not think there were six prisoners on the island to whom Gardiner would speak, and it was this that induced them to call him "Gentleman Frank." He was very fond of reading, but on no account would he work for any length of time; he would soon be back to his old quarters—the invalid bank—and amuse himself with carving and manufacturing figures in bone, and reading whatever book or newspaper he could obtain." Christie's artistic talents are recorded (see bottom of this page) one of which was demonstrated in a Bible he inscribed to his future lover Kitty Browne currently held at Young, NSW. Provisions for Christie and his fellow inmates of Cockatoo, which at any one time held as many as 600-700 men consisted of plenty of grub;[sic] "the meal from which the "hominy" (a type of biscuit) was made was boiled all night in an iron boiler, holding about 400 gallons, and the instrument used to stir it was the blade of a paddle or oar. Tin dishes, pint pots, knives, and forks were provided for their use. Large sheds were erected in the prison yards in which they took their meals, and were sheltered from the inclemency of the weather when not employed on the works of the Island. An extensive garden, presided over by a prisoner and worked with prison labour, provided a superabundance of vegetables and ingredients for the soup drunk by the prisoners."
Escape! Escape from Cockatoo Island was fraught with unseen dangers, such as strong currents, Sharks, and other hazardous obstacles. These, however, did not deter men hell-bent on taking the plunge for freedom. Francis Christie showed he was one who when and if the opportunity arose, he would make an attempt. Twice in fact. A former prisoner incarcerated with Christie provided an insight into Christie's early prison life and recounted his eyewitness account of the Darkie's swim for freedom soon after the notorious bushrangers 1874 release and deportation. Although his name is lost forever. At the time he used the pseudonym of 'Old Hand' and illustrates the Darkie's two attempts at freedom; 'Freeman's Journal' Saturday 26th May 1877; "One fine time Gardiner went to work, and in company with three other men were working at the quarry and removing stone from there to the water's edge for the purpose of enlarging the island. It happened to be a foggy morning. Usually, on such occasions, the prisoners were called in from the works, but this morning the fog came on suddenly, and the prisoners determined to take advantage of it. Having drawn the stone to the water's edge, they slipped into the water one after the other and made for the opposite shore. Gardiner being a good swimmer, soon placed a considerable distance between him and the inland. One or two of his companions had leg-irons on at the time. They were soon missed, and the alarm was given, and about twenty policemen and thirty soldiers were firing at them. The bullets could be seen splashing the water about the prisoners like hailstones, and a cap that Gardiner had on being puffed up with water, a bullet passed through it taking it off his head. They had reached within a few yards of the opposite shore when the police boat went in pursuit of them and captured them. They did not admit the prisoners into the boat but made them hold on to a rope, and in this manner, they were "towed" to shore, where they received dry clothes, and had six months extra added on to their sentence. On another occasion, Gardiner tried to escape from the island by secreting himself during working hours. He supplied himself with a stock of provisions sufficient to last him for a week. Although a diligent search was made, he could not be found; every conceivable place where it was considered possible for him to hide was searched, but there was no trace of him for four days. It subsequently transpired that during the day-time he hid down a deep well in the Superintendent's garden, and at night he used to come out of his hiding place. This well had not been used for some time and had a few feet of water in it. It was in the wintertime, and he used to have to pinch his flesh to make the blood circulate. He ran a great risk of being shot, for everyone who was out after dusk during such events as attempted escapes had to know the countersign, or else they would be arrested or shot at. On the night of Gardiner's capture, he had found his way into the "lumber yards" and was arming himself with some implements out of the blacksmith's shop to attack anyone who should dispute his passage to the water. Being disturbed by the approach of someone he quickly got underneath a blacksmith's bellows, and for a while defied the efforts of his pursuers, but was eventually captured."
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| Cockatoo Island Prison. c. 1860. Courtesy N.L.A. |
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| Francis Clark (Christie) Ticket-of Leave, December 1859. NSW Reports of Crime. |
Under all these circumstances, Gardiner was sentenced by the Chief Justice to fourteen years hard labour on the roads, of which term three years and eight months still (in July 1864) remain unexpired. He was recommended by the magistrate at Cockatoo, however, on the 1st December 1859, for a ticket-of-leave; and he obtained one accordingly on the 26th December in that year.
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| Cancellation and warrant for Ticket of Leave. Note: There is no mention of the two tattoos present on Gardiner's 1874 release. NSW Police Gazette. |
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| Francis Clarke and Edward Prior entry Cockatoo Island 1854, note Gardiner as stout. |
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| Arrested and escaped whilst at Burrangong diggings. 3rd May 1861. NSW Police Gazette. |
Authors Note: Henry Munro sold his extensive Victorian holding's c. 1864 and sailed for Argentina where he had land interests as well. However, after a short stay, Henry returned to England then to France where sadly he died in c. 1869 at Maison Chapitre, Saint Servan near St Malo, in France. His second wife Catherine (Kate) passed away in 1889 at London.
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| Sir John Young 12th Governor of New South Wales 1861–1867. |
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| Mrs Betsy Toms c. 1920. Courtesy NLA |
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| Sgt. John Middleton wearing his Silver Bravery Medal awarded for Gardiner's capture in later life. Middleton was dismissed from the police, but was subsequently reinstated. Coloured by me. |
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| Remnants of Fogg's Hut. c. 1920's |
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| Reward Notice 1861 |
Constable Hosie as well recounted his involvement in the affray, however, for sometime after the event Constable Hosie was vilified, not for his role in the capture, but the subsequent escape of Frank Gardiner through the rumour of his receiving a handsome bribe of £50. William Hosie deposed: "I was a constable in the police force on the 16th July 1861; I had then been four years continuously in the force; I am now a gold-miner; on the 16th July I went in company with sergeant Middleton to the Fish River; I had no conversation prior to this Mr. Beardmore, but about two months before this I had received information at the police station from the police force that Gardiner was wanted for the Cooma mail robbery: it was said he was one of those who had stopped and robbed the Cooma mail; we went to the Fish River to Fogg's place; I had been there about two months before, and had a conversation with them; they knew me, and who I was; they knew me because I was in police uniform, and another trooper named Wilson, also in uniform, was with me; I saw both Fogg and Mrs. Fogg; I had never seen them before; Wilson is now, I believe, in Darlinghurst gaol; the house is in a paddock enclosed in a three-railed fence, and is between two and three hundred yards from the slips rails; Middleton and myself had our police uniform and leggings and ponchos on; the ponchos reached to about the knees, and were not part of the uniform. Mine was of a dark colour; we went to look for Gardiner. I dismounted and took down the slip rails, and Middleton rode on whilst I led my horse through the rails; Middleton reached the house first, and I was fifty or sixty yards behind; I saw Mrs. Fogg fall back like as if she was alarmed when she saw Middleton dismount and go to the house; she held up her hands as if in fright as Middelton was entering the house; I was about twenty yards behind, and almost immediately on Middelton entering I heard two shots fired, almost in succession, one after the other; immediately afterwards Middleton rushed back to the door and told me to go round to the back of the house; he was wounded and covered with blood; I went to the back and saw that there was no means of getting in or out of the house from the back, so I came round to the front again; Middleton was standing in front of the door with his whip, and he told me to look out for the prisoner; I looked in and saw prisoner standing at a window two or three yards to the right of me; I had on a poncho, and had a pistol in my hand; when I raised my hand to fire it would lift the poncho so as to show my dress; I only saw the prisoner for a minute look out of the window and he immediately dropped his head down; I cannot say whether he was stooping or standing. I only remained about a moment, for prisoner retired from the window and I went to the door; I said to the best of my recollection, "surrender;" covered him with my pistol and fired; he had a pistol, and was covering me with it when I fired; the revolver produced is the one prisoner had; he fired, and I was struck in the temple; the wound was examined the next night by Dr. Macarthur, and about a fortnight or three weeks after the bullet was extracted; I fell down senseless, and the next thing I remember was seeing Gardiner rushing out with his pistol clubbed as if going to strike some one; he was only about an arm's length from me; Middleton was standing up with the whip in his hand; I rushed on Gardiner and we had a struggle till I got him down after Middleton had struck him with his whip; I do not recollect mentioning his name, but Mrs. Fogg called his name several times; I put on one handcuff outside, and the other inside the house; when he was fast, he said he was sorry for what he had done, and wished I had shot him dead; he did not say what for, but when he was talking with me and Mrs. Fogg; I loaded my pistol again, but cannot say whether Middleton loaded his; there were a good many shots fired and exchanged; I only fired once, and Middleton fired I think twice; I never saw him load a second time, but I know that his pistol snapped once; I only heard two shots fired the first time he was in the house, and he had no time to load again in the house; but he had time to load again when I was at the back of the house; I think he fired again, because his pistol snapped; I could not distinguish the sound of Middleton's pistol from that of prisoner; when Gardiner was handcuffed, Middleton searched the house, and said he was so badly wounded that he would go on for assistance; we were not more than half-an-hour there altogether; after Middleton left, I got weak with loss of blood; I asked Mrs Fogg for a drink of water, and whilst I was taking it, prisoner made a rush at me, and threw me on to a bag of flour; he rushed out of the door, but I held by the chains of the handcuffs, and we straggled out into the yard, and I put his arms over a post; he got away, and ran off to the river; I called upon him to stop, or I would fire; he found that the river was flooded, and so he stopped, and got a sapling and rushed at me with it; when I saw he was determined, I fired at him, and we struggled, and I struck him over the head with the pistol until he fell down and said he was dying; I thought myself that I had killed him, he was so bad, so I put a log under his head, and went for Mrs. Fogg, who fetched him up again to the house; I saw a man named Barney, but not until the matter was all over; I lost sight of him about two hours before I left; by the assistance of Fogg and his wife, we got prisoner on to a horse; Fogg led the horse, and I rode behind; he had got about three and a half miles from Fogg's when Peisley and another man came up and rescued the prisoner from me; Peisley covered me with a revolver, and the other man demanded Fogg to let the horse go; I told Fogg to do so, as giving him up was the only chance I saw of saving my life; Dr. Rowland examined my wound; Fogg's house is on the banks of the Fish River, and the nearest house on that side of the river is three or four miles away; I did not hear the prisoner say anything before the shots were fired; I saw Fogg and his wife rush out of the house; the children were in the house, and I saw them rush out after the firing, when I came from the back of the house; I do not recollect hearing a shot fired whilst I was at the back; I think I saw Middleton fire when I came to the front of the house; I may be mistaken, and I only think he fired into the door; the first time I saw Fogg and his wife was two months before, and I did not see them again until the 16th; the first time I went there I stopped about half an hour-; I had no poncho on at that time; when Peisley came up shots were fired; Peisley shot at me, and I fired one shot at the prisoner as he was going off; I fired at prisoner, and then Peisley turned round and shot at me.
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| Dramatisation of Gardiner and Hosie encounter at Fogg's by Dan Russell, 1952. Courtesy NLA |
I cannot state positively in what way I was wounded; I will not undertake to say it was not by the ball from my own pistol; the house was a slab hut; I was the full length of the room from the slabs when I was shot; I was struck on the temple, and the ball was extracted; prisoner was within two yards of me when he fired; I have been a soldier, and considering how near he was to me, I should say that it was prisoners ball and not mine that wounded me; I should have thought that prisoner's ball would have penetrated the skull; it is possible that my own bullet may have split and rebounded; I did not examine the house to see if the ball had rebounded; the Fogg’s knew me because I had been there before in uniform; when I called for the water, and prisoner rushed on me Middleton had gone; I am positive that Middleton was not present, and this did not occur more than once; I recollect telling prisoner that he was a game man, but it was after I had got him down and was putting the handcuffs on to him; I am certain it was not before; and not at the time I was entering the house."¹⁴ After the struggle with and where Hosie had been shot in the head by Gardiner it was initially reported in the newspapers that William Hosie had been killed; "A party of the mounted patrol, who went out after the bushrangers who have lately been committing such depredations in the vicinity of Cowra, have fallen in with one of the gang. In the encounter, which took place sergeant Middleton was wounded, and trooper Hosie killed. One of the bushrangers named Gardiner was wounded."¹⁵ The escape of Gardiner and the alleged bribe of Hosie cast suspicion to another of Frank's close associates. The notorious rogue John Peisley, who was thought to have provided the alleged funds. However, Peisley was angry at the assumption and wrote to the Editor of the Bathurst Free Press in September 1861 refuting that he had in any way assisted in the release of Gardiner. Therefore, to deflect any involvement in the affair. Peisley stated that he was not involved with the rescue at Fogg's. Nor of providing the £50 reputed to have been paid to Hosie for that escape.
To the Editor of the "Bathurst Free Press and Mining Journal."
Sir, —You will no doubt be surprised to receive a note from the (now by all account) noted Piesley; but, sir, through your valuable paper I must make it known that, if it be my lot to be taken, whether dead or alive, I will never be tried for the rescue of Gardiner, in the light in which it is represented; nor did I ever fire at Trooper Hosie. And such I wish to be known, that it is in my power to prove what I here assert, and that beyond a doubt. I am no doubt a desperado in the eyes of the law, but never, in no instance, did I ever use violence, nor did I ever use rudeness to any of the fair sex, and I must certainly be the Invisible Prince to commit one-tenth of what is laid to my charge. And, sir, I beg to state that it is through persons in high positions that I now make this assertion, and I trust I may never have to allude to it again. I love my native hills, I love freedom and detest cruelty to man or beast. Trusting you will publish this, my bold letter no doubt, but you can be assured it comes from the real John Piesley and not any of his many representatives.
I am, Mr. Editor,
your much-harassed writer,
JOHN PEISLEY.
Fish River, Sept 4th. 1861.¹⁶
Peisley's role of bushranger supreme would come to an end after a drunken rage at the Fish River where on the 28th December 1861 a local named Benyan would be killed by Peisley. Peisley was found Guilty on the 11th March 1862 and as he was led from the court he was asked the of the verdict where he replied "Oh! It's a swinger". It was noted in 'The Courier' that Peisley; "throughout the trial, he maintained the most unimpassioned demeanour. He did not display any bravado while in the dock, neither did he appear to take any great interest in the result of the trial, during the whole of which we did not observe that he either changed colour or countenance, and the same passiveness was manifest even during the passing of the sentence. After the sentence was pronounced he wished to say something to the court, and said, "As a jury of my country have found me guilty" when the judge ordered him to be removed. On his way from the court to the gaol one of his friends called out, "Well, Johnny, what is it." He called out, "Oh, it's a swinger." The court was crowded to excess during the whole of the trial, and there were great numbers anxious to get a sight of the prisoner but could not get inside." Soon after the rogue was taken, Gardiner assumed the mantle of 'King of the Road'. In the above letter, Peisley declares his nobleness to his fellow man... So much for "detest cruelty to man or beast..." as William Benyan discovered!
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| 4th June 1862 |
The two constables instead of being hailed as brave and trusted officers of the law at the battle of Fogg's farm Hosie and Middleton had their characters brought into question. There was, however, some who believed that Peisley had indeed effected Gardiner's escape. Regardless, even as Peisley stood upon the Gallows awaiting the drop for the earlier murder of Benyan. The bushranger denied any involvement in the release of Gardiner, possibly with the thought that salvation may be granted him at the last moment by slurring Hosie. Alas, it was not to be, and on the 25th April 1862, Peisley was launched into eternity. Also on that date, a new Confederate of Gardiner's Ben Hall was again dragged before the Forbes court charged with Highway Robbery in company with none other than Frank Gardiner.
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| On the gallows Peisley denied any involvement in Gardiner's rescue from Const. Hosie, he was then launched into eternity. Courtesy NLA. |
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| Middleton reduction in rank following reinstatement 1st September 1863. NSW Police Gazette. |
They succeeded, in about two hours, in getting notes and a cheque, which, together with the money before in their possession, made up a total sum of fifty pounds ten shillings. This was all given to Hosie; for, having no silver, they could not deduct the surplus. It was insisted by Hosie, before agreeing to this arrangement, that, in order to save his character, the form of rescue should be gone through. With this view, the old man Barney was sent off with a gun to a part of the road where Hosie and Gardiner were to pass, and when they came up he was to personate Peisley and rescue Gardiner. To carry out this plan, and to make Hosie keep to his bargain, Fogg accompanied them until Barney rushed out of the scrub and rescued Gardiner as agreed upon. That a rescue did take place is true, but it is also true that it was only a sham. These facts were communicated to the Government very shortly after they occurred, and the circumstance that the cheque which passed into Hosie's possession would afford, if traced, a strong confirmation of the truth of the statement was pointed out, it was, however, thought that the affair, if made public, would be so disgraceful to the police, that the Government decided in dismissing Hosie from the force without endeavouring to bring him to justice..."¹⁷
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| Mr. Justice Wise (1818 - 1865) |
At half-past six o'clock It was announced that the jury were agreed; and the prisoner having been brought back, and the jury having likewise returned into Court, the foreman declared their verdict, which was "Not Guilty."
The instant this announcement was made 'hurrahs' burst simultaneously from all parts of the throng. Notwithstanding the demands of his Honour for silence and the efforts of the police, this cheering, shouting, whistling, stomping of feet, and clapping of hands continued for some seconds. Order was not restored until his Honour summoned a boy before him whom he had seen clapping his hands. The boy was remanded to Darlinghurst Gaol, but afterwards, in consideration of his extreme youth and the intercession of counsel, he was discharged with a reprimand. Additional police having been placed at the entrances behind the crowd, his Honour requested the constables to bring before him any persons whom they had seen take part in the disturbance, but none were forthcoming, owing probably to the difficulty of singling out individuals from so large a number, all of whom appeared to join in the tumult. His Honour with great warmth remarked that it was astonishing that there should be such an utter want of common decency among such a number of people in New South Wales; it was a disgrace, an utter disgrace to the colony. He also thought that the police were censurable. The prisoner, who it is understood will be arraigned on another indictment, was remanded to gaol."¹⁸ After his dismissal from the NSW Police, William Hosie pursued Gold Mining and Middleton was also dismissed and after much petitioning reinstated at a reduced rank.
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| Kitty married John Brown when aged 16 at the same the church as Bridget and Ben Hall at Bathurst in September 1859. Catherine signed her name. |
Furthermore, as Gardiner convalesced in the Lachlan district, he formed an intimate relationship with the married sister-in-law's of Ben Hall and John Maguire, Catherine Brown nee Walsh (Welsh). Catherine was Bridget Hall and Ellen Maguire's younger sister. 18yrs of age who resided with her husband John Brown in a hut a short distance from the Wheogo station homestead and adjacent Sandy Creek station and became Gardiner's inamorata. Gardiner was 14 years Catherine's senior. Catherine had married John Browne when aged 16.
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| NSW Reports of Crime 20th May 1861. |
Moreover, throughout the map. The police also furnish an insight and opinion regarding the character of those people considered criminal or just plain reprehensible who were known protectors of 'The Darkie'. However, two names which figured prominently on the highly confidential map, are surprisingly the young wife of Ben Hall and her sister Mrs Catherine Brown. Both noted as 'bad', and at one station on the map states; "Harbourer, Yorkshire Jack, good man bad women, the retreat of Mrs Hall and Brown." (See map bottom of page) An 1861 newspaper article notes Yorkshire Jack as; "a person familiarly known in the neighbourhood by the appellation of 'Yorkshire Jack.' He is the proprietor of a small sheep and cattle station, and appears, from his many good qualities, to merit well the respect and esteem of those who know him..."¹⁹ Gardiner was known to attend here as it also doubled as a well-known sly-grog shop. The map gives a clear insight into the close ties both married 'wild Weddin girls' Catherine and Bridget had with many of the shady characters earmarked by the police. The detailed map became the 'key' for tracking Gardiner. The map commences its narrative from the Fish River area in the lower central-eastern part of the western district of NSW to the edge of the western area as far as the Bland District. (West Wyalong). (See map bottom of this page.)
Gardiner was irrepressible and the newspapers often characterised him in the mould of the famous 17th-century French-born English highwayman Claude Duval (b.1643-d.1670);[sic] "a gallant and courteous rogue, probably the most dashing highwayman ever to haunt the roads of England. He was known as a “true gentleman of the road...” Gardiner embraced this beau ideal. Continually scanning the papers for positive reviews of his robberies. Whereby when misrepresented he would take umbrage by writing to the editor of newspapers, such as the Burrangong Star refuting any fake news and false assumptions. Furthermore, Gardiner was the first bushranger to embrace the power of public perception and celebrity status through the volumes of newspapers. Much like the Beatles success through enhancing the emerging power of Television. In utilising this power, Gardiner would always take care during hold-ups to be egalitarian with those held under his revolver. Displaying great panache in his manners, dress and appearance, knowing full well that his every action would be soaked up by the press; "Gardiner wore breeches and high boots, cabbage-tree hat with black band, and black poncho spotted on the inside of like the skin of a leopard..."²⁰ This standard was to be embraced by accomplice John Gilbert who styled himself also as a flash cove.
Accordingly, Gardiner was also of the opinion and very well aware that the settlers both rich and poor were his most significant asset for protection. Therefore the Weddin Mountains a dense range in the midst of the Lachlan District, full of gullies and caves all littered amongst its high ridges covered by a dense undergrowth or scrub rendered pursuit by tracking unless and the perfect environment for Gardiner's headquarters.[sic] "It was upon this account that Gardiner made it his head-quarters and until the police made up their minds to stick, persistently to his tracks, he found it a very comfortable position to take up. His friends, if such men have friends, were all round him, and he could go from the house of one to that of the other, as circumstances might suit, or it compelled to lie concealed, could always draw his supplies from them." Furthermore, when confronted with an infringement that would put a mark against him in the eyes of those settlers Gardiner would quickly rectify the situation; “the bushranger, Gardiner, had gone to Mr Chisholm's station at Bland, and demanded and obtained possession of a fine grey mare, which he supposed belonged to Mr Watt. The other day the bushranger met a man on the road, who told him it was a shame for him to take a lady's horse, mentioning the name of the lady to whom the animal belonged. Gardiner immediately borrowed the horse ridden by the man, giving him the mare to take to its lady proprietor, and promising to send in the borrowed horse by a messenger on the following day. Punctual to engagement the horse was left the next day at the stable of the owner...”²¹
Therefore, even those stripped of all their valuables and cash. They were never left without a silver shilling for the road, a coin Gardiner never accepted. All these actions enhanced Gardiner's image and prestige; "there have been few instances where violence has been used by these modern highwaymen, they will often leave a few shillings with their victims, so that they may not be on the road quite destitute...”²² However, Gardiner's did not as well did not discriminate between former friends either with cases recorded of robbing those friends a common practice. Conducted without any malice or vindictiveness, after all, it was just business; "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. 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..."²³
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| Kitty reputedly in action with Gardiner. c. 1862 |
The coolness and ease demonstrated by Christie, whose widespread reputation had morphed him into Frank Gardiner. Conducted his robberies with a certain flair and aplomb which become his trademark. Including the return as mentioned above and rejection of accepting silver coins. This politeness as well enhanced his reputation by the way he dealt with the women faced with a revolver pointed at their breast. Gardiner was calm and often humorous, his avoidance of capture was as a result of those strong friendships he had developed with the cockatoo squatters and shanty keepers. Including his two new rapscallions in crime John O'Meally and John Gilbert; “O’Meally and Gilbert were suspected by the police to be for a long time before two of Gardiner’s best ‘dead crooks.” Both of these young men kept a shanty at the point of the Weddin Mountains, on the road from Lambing Flat to Forbes. Gardiner used to live and frequently hang about there...”²⁴ This nexus of locals included the ever-present and willing bush telegraphs, who on horseback and foot scoured the towns and villages for news of prospective victims for a reward or a morsel of booty from the celebrated bushranger. The police, however, were of no concern to Gardiner. Being mounted on the best of the best thoroughbreds, Gardiner always outpaced them or at times with unnerving audacity casually confronted and returned fire while manoeuvring to affect his escape. Before long the very name Gardiner sent shivers through the storekeepers and police. Who when faced with the bushranger appeared to became hypnotised and ineffective. Many a local in the district spoke bravely of how they would take the celebrated bushranger. However, as they say, words speak louder than action as described in the following article after some tough talk by two businessmen in Gardiner's presence at a local shanty; 'Sydney Morning Herald' and 'Empire' newspapers of 12th February, 1862; "With reference to Burrangong and the Lachlan, come two contradictory stories from February which are highly amusing. I will give you the history of an affair which happened a few days ago, which is a fair sample of the daring and open way these bushrangers carry on. It appears that Mr. Greig and Mr. Torpy, two tradesmen of Lambing Flat, were returning from the Lachlan, and had arrived at Gibson's station, about forty miles from the Flat, Gardiner, formerly the companion of the bushranger Peisley, was still at large, robbing right and left, and the terror of the road. The two reports I am about to quote from, appear respectively in the Empire and the Herald. Both of them agree that Torpy, of Burrangong, in company with a Mr. Greig, were stopped by Gardiner, and robbed, when on their way from the Lachlan, and that they subsequently, with the police, had an encounter with the bushrangers, But the two accounts vary very considerably with regard to Torpy - one representing him as half a hero - the other as a regular Captain Parolle. Here is what the Empire correspondent says: - "Mr. Greig was unarmed, but Mr. Torpy had an old revolver. Two other robbers stood by, and it would, therefore, have been certain death to have resisted. Mr. Greig had but ls. 6d., Mr. Torpy 13s. 6d. It seems there was some "chaffing" by Greig and Torpy at Gardiner for getting so little out of them, which this gentleman, after sneering at them for travelling with so little cash, took very good-humouredly, and to make matters pleasant to all parties, Gardiner shouted drinks all round.
One can imagine health's being drunk in the usual style, and the question being put is to how is business with you, when, of course, Gardiner would reply, as all prosperous traders always do, that things were, dull. I should mention that Gardiner, seeing that Mr. Torpy's saddle and bridle were good ones, took a fancy to them, and upon Torpy objecting, the revolver came into requisition again and the dispute ended by Mr. Greig borrowing £10 of the landlord of the house to give Gardiner in lieu of the saddle and bridle. After this the gentleman of the road made off; a short time after up 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. Now, here was a chance of getting this determined scoundrel. Four armed men, all having horses at their command, stood between the bushranger and his horse. Immediately behind the house was a small enclosed fence; and at one corner of this was a large gum-tree, behind which Gardiner planted himself, holding a revolver in each hand. The three constables, by name Harmer, King, and Dyer, and Mr. Torpy, advanced towards the fence; Mr. Greig, being unarmed, remained in or near the house. Harmer, however, discovered at the moment that he had no weapon; his revolver, it appeared, had slipped out of the case, and, therefore, he thought it prudent to look after the horses which stood near Gardiner's, at the corner of the house. King advanced a short distance along the fence and fired at the robber, and then retreated, and was seen no more by any of the party till eight o'clock the next morning. This extraordinary circumstance I got from Mr. Torpy and from the constables. Torpy and Dyer then advanced, and each fired at Gardiner, and he, resting his revolver against the tree, takes deliberate aim at them in turn. Dyer fired mostly at a long distance, viz., seventy yards, and Torpy at a little shorter distance. No shots take effect, and Dyer, finding his shots expended, retires to the house to reload. Torpy, after firing another shot or two, and receiving Gardiner's fire, retires also to adjust and reload his revolver. Thus, Gardiner is left in possession of the field, and of course, makes for his horse. Torpy fires at him as he passes the house and misses him again, and when Gardiner rushes to get on his horse, the constable, Harmer, who was standing by, throws up his arms and begs Gardiner not to shoot him, as he is an unarmed man, and Gardiner rides off receiving another shot from Torpy, which, it is supposed, wounded him in the shoulder. The affair is much commented on here, and an investigation into the conduct of King and Harmer is loudly demanded."
One can imagine health's being drunk in the usual style, and the question being put is to how is business with you, when, of course, Gardiner would reply, as all prosperous traders always do, that things were, dull. I should mention that Gardiner, seeing that Mr. Torpy's saddle and bridle were good ones, took a fancy to them, and upon Torpy objecting, the revolver came into requisition again and the dispute ended by Mr. Greig borrowing £10 of the landlord of the house to give Gardiner in lieu of the saddle and bridle. After this the gentleman of the road made off; a short time after up 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. Now, here was a chance of getting this determined scoundrel. Four armed men, all having horses at their command, stood between the bushranger and his horse. Immediately behind the house was a small enclosed fence; and at one corner of this was a large gum-tree, behind which Gardiner planted himself, holding a revolver in each hand. The three constables, by name Harmer, King, and Dyer, and Mr. Torpy, advanced towards the fence; Mr. Greig, being unarmed, remained in or near the house. Harmer, however, discovered at the moment that he had no weapon; his revolver, it appeared, had slipped out of the case, and, therefore, he thought it prudent to look after the horses which stood near Gardiner's, at the corner of the house. King advanced a short distance along the fence and fired at the robber, and then retreated, and was seen no more by any of the party till eight o'clock the next morning. This extraordinary circumstance I got from Mr. Torpy and from the constables. Torpy and Dyer then advanced, and each fired at Gardiner, and he, resting his revolver against the tree, takes deliberate aim at them in turn. Dyer fired mostly at a long distance, viz., seventy yards, and Torpy at a little shorter distance. No shots take effect, and Dyer, finding his shots expended, retires to the house to reload. Torpy, after firing another shot or two, and receiving Gardiner's fire, retires also to adjust and reload his revolver. Thus, Gardiner is left in possession of the field, and of course, makes for his horse. Torpy fires at him as he passes the house and misses him again, and when Gardiner rushes to get on his horse, the constable, Harmer, who was standing by, throws up his arms and begs Gardiner not to shoot him, as he is an unarmed man, and Gardiner rides off receiving another shot from Torpy, which, it is supposed, wounded him in the shoulder. The affair is much commented on here, and an investigation into the conduct of King and Harmer is loudly demanded."
Mark, however, what a different version is given by the correspondent of the other daily: - "Just before they arrived at Gibson's station they were cautioned that the bushrangers were there. Torpy alone, I believe, was armed, and proposed proceeding there at once and taking the scoundrels, little thinking, from what I can hear that the proposition would be agreed to. On arriving, they dismounted and went into the tent. They no sooner entered than they were requested by Gardiner who was seated within, to bail-up. Now was the time Torpy showed his courage. He trembled like an aspen leaf, the colour left his face, and he exclaimed in most piteous accents, "Oh, what is it, I'm Torpy, I'm president of the Diggers' League;" his (Torpy's) companion, who was also trembling violently, being ordered to bail-up at the same time. The fact of Torpy being president of the League did not seem to strike terror or prevent Gardiner searching him, and he was much disgusted at finding that so important an individual, together with his companion should be only in the possession of a few shillings. If they were not in possession of money they had horses, Torpy's a very good one, with a new bridle and saddle.
Gardiner admired the bridle, &c, and said it was just the thing he wanted; when Torpy exclaimed, "You are not going to take my bridle and saddle." "Oh, no," replied Gardiner," I'll take the lot, horse and all for I shall require the horse to carry them," So unconcerned was Gardiner in the presence of the formidable president of the great Diggers' League that he did not even take the loaded revolver the said president was in possession of from him, but actually stood a distance of about two yards with his back towards the said president, and must have heard the said president ask his companion if he should shoot him, and being advised not, Gardiner, finding that Torpy did not like parting with his horse, told him if he could raise £5 that he would return the horse, Gardiner promising, at the same time, that if he knew anyone whom he could raise the money from on the road that he would not molest or attempt to rob them. Finding Torpy could raise the money of some party, whose name I have not heard, Gardiner immediately raised the price to £10, which was at last obtained, and Torpy had the satisfaction of buying his own horse, saddle, and bridle back, Gardiner shouting nobblers twice, and, bidding them good day, left.
On the following day, three troopers arrived, who, together with Torpy and his companion, determined to follow Gardiner, hearing from everyone on the road that he was still sticking-up. Mr. Greig's coach passing at the time they kept company with it. When they arrived at Feeley's station, distant from this place about thirty miles, they observed Gardiner's horse hanging to the fence. Instead of taking possession of it they made a rush to the house, and, if reports are true, one of them stabbed a poor man with a knife without inquiring who or what he was. Gardiner, in the meanwhile, quietly leaves the house, and, finding that he could not regain his horse without passing through his pursuers, takes up his position at a distance of about fifty yards, behind a tree covered by a fence made of slabs placed into the ground close to each other, and forming a perfect wall. Without any attempt to close upon him, the troopers and Torpy expend their ammunition firing at the fence, Gardiner quietly stopping there. When they ceased firing Gardiner immediately leaves his cover, and, with a revolver in each hand, deliberately walks up the side of the fence to the place they had been firing from the troopers are non-est; Torpy is considerably scared, falls through a window and thinks he has but a few moments to live; the passengers by the coach are hurrying into the house, women are screaming, and Mrs. Feeley is engaged hiding some of the valiant men in her bedroom; Gardiner, to the great terror and fear of about eight men and as many women, passes them mounts his horse, clears a three-rail fence, and goes away in a quiet canter leaving the unfortunate troopers and the president of the Diggers' League to discuss what they ought to have done, what one did not do, what the other did do, and what they would do if they only had another chance, each frightened the other would expose the cowardice or want of judgement exhibited, and trusting it would all be hushed up."
Gardiner admired the bridle, &c, and said it was just the thing he wanted; when Torpy exclaimed, "You are not going to take my bridle and saddle." "Oh, no," replied Gardiner," I'll take the lot, horse and all for I shall require the horse to carry them," So unconcerned was Gardiner in the presence of the formidable president of the great Diggers' League that he did not even take the loaded revolver the said president was in possession of from him, but actually stood a distance of about two yards with his back towards the said president, and must have heard the said president ask his companion if he should shoot him, and being advised not, Gardiner, finding that Torpy did not like parting with his horse, told him if he could raise £5 that he would return the horse, Gardiner promising, at the same time, that if he knew anyone whom he could raise the money from on the road that he would not molest or attempt to rob them. Finding Torpy could raise the money of some party, whose name I have not heard, Gardiner immediately raised the price to £10, which was at last obtained, and Torpy had the satisfaction of buying his own horse, saddle, and bridle back, Gardiner shouting nobblers twice, and, bidding them good day, left.
On the following day, three troopers arrived, who, together with Torpy and his companion, determined to follow Gardiner, hearing from everyone on the road that he was still sticking-up. Mr. Greig's coach passing at the time they kept company with it. When they arrived at Feeley's station, distant from this place about thirty miles, they observed Gardiner's horse hanging to the fence. Instead of taking possession of it they made a rush to the house, and, if reports are true, one of them stabbed a poor man with a knife without inquiring who or what he was. Gardiner, in the meanwhile, quietly leaves the house, and, finding that he could not regain his horse without passing through his pursuers, takes up his position at a distance of about fifty yards, behind a tree covered by a fence made of slabs placed into the ground close to each other, and forming a perfect wall. Without any attempt to close upon him, the troopers and Torpy expend their ammunition firing at the fence, Gardiner quietly stopping there. When they ceased firing Gardiner immediately leaves his cover, and, with a revolver in each hand, deliberately walks up the side of the fence to the place they had been firing from the troopers are non-est; Torpy is considerably scared, falls through a window and thinks he has but a few moments to live; the passengers by the coach are hurrying into the house, women are screaming, and Mrs. Feeley is engaged hiding some of the valiant men in her bedroom; Gardiner, to the great terror and fear of about eight men and as many women, passes them mounts his horse, clears a three-rail fence, and goes away in a quiet canter leaving the unfortunate troopers and the president of the Diggers' League to discuss what they ought to have done, what one did not do, what the other did do, and what they would do if they only had another chance, each frightened the other would expose the cowardice or want of judgement exhibited, and trusting it would all be hushed up."
Who are we to believe? What are we to believe? When, where, and how are we to behove anything? I suppose the truth, as usual, lies between, for there can be no doubt that there are lies at each extremity. The reference in the article to Mrs Fielding or Feehey, she is the sister of Daniel Charters and owner of the Pinnacle Station, Margaret Feehily which had a public-house on the property and was frequented by Gardiner and others regularly. Its reputation saw the NSW police place a station a short distance from the facility in late 1862.
Nevertheless, with his new recruits, such as John Gilbert, John Davis, Jack O’Meally and Pat M'Guinness and others 'The Darkie' nicknamed by his athletic build and dark-complexioned handsome looks and love of the dark arts ... Fortune Telling, commenced waylaying travellers daily on the roads between the Burrangong and the recently discovered Lachlan gold diggings at Forbes. However, one of the most successful and at this stage most rewarding for the bushranger was the robbery of two storekeepers on the 10th March 1862. The victims were Alfred Horsington (Hossington) and his wife as well as Henry Hewett. The businessmen were stopped near Big Wombat. Subsequently, from Alfred Horsington who had been incapacitated by a broken leg the bushrangers acquired 253 oz. of gold and £145 in notes; from the other, Henry Hewett, they acquired 189 oz. of gold and £172 in money. The days events are recounted in the 'Glen Innes Examiner and General Advertiser', Friday 10th October 1902; "One of the most daring robberies in which Gardiner was personally engaged was on the road near Big Wombat, in the district of Young, when he stuck up Mr. Alfred Horsington and robbed him of 253 ounces of gold and £145 in money. Horsington was a digger and a storekeeper, at Lambing Flat, and was proceeding from Little Wombat to the Flat in a spring-cart on 10th March 1862, his wife and a boy named De Burgh being in the vehicle with him and a Mr. Hewitt, another Flat storekeeper, riding on horseback behind. The boy was driving, as Horsington was suffering from a broken leg.
Nevertheless, with his new recruits, such as John Gilbert, John Davis, Jack O’Meally and Pat M'Guinness and others 'The Darkie' nicknamed by his athletic build and dark-complexioned handsome looks and love of the dark arts ... Fortune Telling, commenced waylaying travellers daily on the roads between the Burrangong and the recently discovered Lachlan gold diggings at Forbes. However, one of the most successful and at this stage most rewarding for the bushranger was the robbery of two storekeepers on the 10th March 1862. The victims were Alfred Horsington (Hossington) and his wife as well as Henry Hewett. The businessmen were stopped near Big Wombat. Subsequently, from Alfred Horsington who had been incapacitated by a broken leg the bushrangers acquired 253 oz. of gold and £145 in notes; from the other, Henry Hewett, they acquired 189 oz. of gold and £172 in money. The days events are recounted in the 'Glen Innes Examiner and General Advertiser', Friday 10th October 1902; "One of the most daring robberies in which Gardiner was personally engaged was on the road near Big Wombat, in the district of Young, when he stuck up Mr. Alfred Horsington and robbed him of 253 ounces of gold and £145 in money. Horsington was a digger and a storekeeper, at Lambing Flat, and was proceeding from Little Wombat to the Flat in a spring-cart on 10th March 1862, his wife and a boy named De Burgh being in the vehicle with him and a Mr. Hewitt, another Flat storekeeper, riding on horseback behind. The boy was driving, as Horsington was suffering from a broken leg.
They had not proceeded very far on the way—it was not yet half-past 10, in the morning— when Gardiner and three other bushrangers (John Gilbert, O'Meally, and Pat M'Guiness, rode up, presented revolvers, and told the party to "bail-up." At the same time, a shot was fired by one of the men, and Mrs. Horsington declared that she heard the bullet whistle past her head. Horsington had known Gardiner when he was keeping the butcher's shop with Fogg at Spring Creek, and as none of the bushrangers were disguised in any way he had no difficulty in recognising them; in fact, he said he knew, who they were before they, came within fifty yards of the cart, but there was no possibility of escape. Gardiner caught the reins of Hewitt's horse, while his companions surrounded the vehicle, and at a word of command from the leader a start was made into the bush, one of the men riding in front and one on each side of the cart, while Gardiner conducted Hewitt. About half a mile away, at a convenient spot in the bush, a halt was called and the captives were told to dismount. While the three men kept their victims covered with revolvers, Gardiner personally did the searching, and very little time elapsed before the gold and notes—representing in all nearly £1000 – were transferred from the owner's pocket into his.
Gardiner then proceeded to search Mrs. Horsington, excusing his ungallant work on the ground that ladies wore sometimes fond of planting money. Mrs. Horsington, however, had only a £1 note. "You may want that;" said Gardiner. "and you can keep it." "Thank you for nothing,' said the lady, who knew what he had got from her husband. From Hewitt also Gardiner took some notes and gold, which were in a valise on his saddle. One of the other bushrangers subsequently took the saddle, valise, and riding-whip, and the horse was only left because it was badly bred. Horsington's horse was also left to him because of his broken leg; but they made the boy take it out of the shafts and unharness it, to prevent speedy pursuit. "I hope you'll have- another load for me next time you come along," said Gardiner, and the bushrangers rode off with their booty. When the police at Lambing Flat heard of this exploit they at once set out to scour the country, but, as usual, their search for the robbers was futile. The value of the robbery in today's terms was $783,000 in gold and cash. Spot gold trading at $1,713 per ounce Aud. However, in 1864 while in the dock at the Sydney Criminal Court at Darlinghurst. Frank Gardiner pleaded Guilty to the charge of Highway Robbery against Horsington and Hewitt but took umbrage at the evidence put forward by his victims. Whereby in a letter to the judge, Chief Justice Alfred Stephen, Gardiner cast doubt over the victim's claims. Gardiner, in fact, stated that there were five in number, not four. The fifth man may well have been Samuel Dinnir (Dinner) a well-known hoodlum of the district who had been released from Bathurst Gaol in 1860. The Late Highway Robbery of £1800, near Wombat. — "We learn that Samuel Dinnir who is pretty well known to the police in this district is one of the parties who stuck up Messrs. Horsington and Hewitt, and robbed them of a large amount of gold-dust on the morning of the 10th instant." — Yass Courier.
In turn, saying that since the events only two of the bushrangers involved remained alive. At the time of the 1864 trial, Pat M'Guinness had been shot dead. John O'Meally also shot dead and John Davis, unmentioned previously, who at the time was close to Gardiner, was serving a fifteen-year sentence. Whether by design or mischievous intentions Gardiner hints that Gilbert may not have been a participant. Suspicion, therefore, falls towards Paddy Connolly, who had disappeared presumed dead. With Gilbert still at large Gardiner, possibly did not wish to be tainted by Gilbert's current depredations.
Furthermore, Gardiner stated as well that the robbery was conducted much later, being some six weeks later. However, contemporary accounts in newspapers of March 1862 were not fabricated and explicitly stated the events occurred on the 10th March 1862. A statement the court appeared disinterested in verifying, no doubt as the Highwayman had pleaded guilty to the charges. Gardiner's letter was a shrewd move on his part. In so much as his recollection may have influenced the judge in his sentencing deliberations by casting some doubt. Thereby, avoiding the hangman’s noose. (See Gardiner's letter in full at bottom of the page.)
With the completion of the lucrative 1862 transaction, Gardiner allowed the travellers to proceed on their journey without bodily injury but not before Gilbert had allegedly acquired Hewitt's saddle and valise. However, during the hold up a gun had been discharged accidentally by M'Guinness in which it was said that the bullet had passed close to Mrs Horsington's head. Nevertheless, brazened by the limited success and the many failings of the police in any real attempt at pursuit or capture of the Darkie. Gardiner became from March to June 1862 the governor of the Queen's roads and uninterrupted perpetrated a large volume of robberies. Backed-up by a band of ruffians which was constantly changing; March 25th 1862.- Telegram, Forbes. "Gardiner stuck-up and robbed two drays (between this and Lambing Flat) of provisions, spirits, and winter clothing;" April 12th, Gardiner went to Mr. Chisholm station, at Bland, and stole a horse; 17th, telegram, from Forbes, sticking-up is still the order of the day between here and Lambing Flat, 20th, Gardiner stuck-up about twenty-five men on the Lachlan Road a few days ago, and several drays." 23rd, Gardiner and four armed men dashed in front of Greig's coach, on the road from the Lachlan to Burrangong and turned into the bush again; on the same day, they stuck-up and robbed a dray, belonging to Moses and Son and the other day, they stuck up and robbed Mr. Greig's dray on the Lachlan road."²⁵ The robberies mentioned above would have in these early days of 1862 no doubt have included Ben Hall, Gardiner's newest compatriot. Following the robbery of the storekeepers this was expressed in the 'Sydney Morning Herald' of the 15th March 1862, where the four bushrangers had escaped with over £1500 in cash and gold; "last night, from information received, a party of men also started, in the hope of being enabled to capture some of the villains; but I am afraid their endeavours will be fruitless, for no man in the colony appears to have such a perfect knowledge of the country as Gardiner, and it is believed by many that he will make his way back to the Weddin Mountains, and defy the police. Without the Government increase our police force considerably, and that without any delay, they must be prepared to hear of still further depredations, and the fault will rest on the Government, not the police, for at the present time, should any disturbance take place in the town, or any robbery be committed, the police are all away. This is holding out a premium for robbery and riot, for there is very little doubt there are parties both here and at the Lachlan who are implicated in these robberies and get information with respect to every movement that is made here-know the police force-where they are stationed-when they are absent, and give the information to the parties who commit these robberies. If the Government do not show a determination to put down these robberies and apprehend these perpetrators of them, the police force of this place will be made the laughing-stock of the colonies. The police force of these fields must be considerably increased..."In turn, saying that since the events only two of the bushrangers involved remained alive. At the time of the 1864 trial, Pat M'Guinness had been shot dead. John O'Meally also shot dead and John Davis, unmentioned previously, who at the time was close to Gardiner, was serving a fifteen-year sentence. Whether by design or mischievous intentions Gardiner hints that Gilbert may not have been a participant. Suspicion, therefore, falls towards Paddy Connolly, who had disappeared presumed dead. With Gilbert still at large Gardiner, possibly did not wish to be tainted by Gilbert's current depredations.
Furthermore, Gardiner stated as well that the robbery was conducted much later, being some six weeks later. However, contemporary accounts in newspapers of March 1862 were not fabricated and explicitly stated the events occurred on the 10th March 1862. A statement the court appeared disinterested in verifying, no doubt as the Highwayman had pleaded guilty to the charges. Gardiner's letter was a shrewd move on his part. In so much as his recollection may have influenced the judge in his sentencing deliberations by casting some doubt. Thereby, avoiding the hangman’s noose. (See Gardiner's letter in full at bottom of the page.)
At this stage, Frank Gardiner had surrounded himself with fierce and daring accomplices. One accomplice was none other than Gardiner's closest ally John Davis, a native of Singleton and of the same age as Gardiner who was by trade a carpenter. Davis and Gardiner had struck up a good friendship while Fogg and Gardiner had earlier in 1860/61 operated a butchers shop at Lambing Flat. Davis was as reckless as 'The Darkie'. Either when in company together or with others. Whereby they brandished their revolvers without fear at all comers. However, on the 10th April 1862, Davis and Gardiner's partnership came to an abrupt end. Three police officers escorting prisoners alighted from a coach outside Brewers Shanty, 25 miles from Lambing Flat. Here they chanced upon Davis and two others of Gardiner's brigade. The battle royal between Davis and the police officers can be read through the link below and is well worth it.
With Davis' capture, this appeared in the 'Empire'; "things are assuming a quiet aspect since Davis was captured, and Benjamin Hall committed for trial for robbing Mr. Greig's team, on Friday last, by Sir F. Pottinger..."²⁶ The capture of Davis was a blow to Gardiner, as he had lost his First Lieutenant. Davis would now be ably replaced by John Gilbert, it appears that Davis and Gilbert had similar personalities, brave, daring, smart, educated, happy go lucky, loyal and excellent horseman. Davis was also quite musical and was known to entertain the gang with musical ditties; "one of the bushrangers played the piano while the rest danced and drank brandy and water at Mr. Pring's expense. At Mr. Croaker's station one of the bushrangers played a concertina, and sang "Ever of thee" to the host..."²⁷ Davis was in possession of a Concertina when he was captured. There may even be some conjecture that the mystery person in the famous photo of Gardiner and another, long believed to be John Gilbert maybe John Davis?
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| Paddy Connolly mate of Gardiner's. |
Following Davis' capture 'The Darkie' in an effort to either rescue or avenge his mates' capture commenced searching coaches along the Lachlan Road seeking the troopers responsible for grabbing his mate. The following article is from the 'Sydney Morning Herald' 17th April 1862 refers to Gardiner in company with four bushrangers riding magnificent mounts one of whom was Ben Hall; GARDINERISMS.- On Monday, as Greig's coach was passing between the Pinnacle and Green's on the road from the Lachlan to Burrangong, Gardiner, the bushranger, with four mounted associates, riding magnificent horses, dashed into the road and came in front of the leaders. After looking over the passengers, and without speaking, the party turned into the bush. It appeared the bushrangers were in search of some one, probably of one or other of the police who shot and captured Davis a Brewer's, Gardiner rode a brown horse, and wore breeches and high boots, cabbage-tree hat with black band, and black poncho, spotted on the inside of like the skin of a leopard. Knowing the determined character of Gardiner, and the confidence he reposed in the man who was shot down and brought to the camp a few days ago, we cannot but believe that his coming to the coach on Monday was to look for and fight the police who captured Davis and regret that Sergeant Sanderson was permitted to go alone yesterday morning, on the box of Greig 's coach, to the Lachlan. No officer should be exposed to unnecessary danger, but we feel assured that such is the case with Saunderson. In all probability, Gardiner will stop Greig's coach with a strong armed party every time it passes along the road, till he can avenge the fall of his mate. It would be advisable, then, that no police officer connected with the late affray should the suffered to go along the Lachlan road, unless he knows the country as can make his way through the bush. On the same day Gardiner stuck up and robbed a dray belonging to Messrs. S. Moses and Sons. He said he was in want of provisions, and accordingly helped himself to a case of claret, two and a half chests of tea, and some fruit. He took the liberty of appropriating also a few blankets, as the evenings are getting colder, and it is not pleasant to camp out without a sufficiency of clothing. Gardiner handed the driver a bag of gold, and asked him to weigh it, expressing his regret at the same time that the driver had not a little of the yellow about him, as the bushranger would be delighted to ease him of it.
Moreover, not only was 'The Darkie' bold and daring in his exploits, the thought or hint of any injustice or slur to his reputation was viewed seriously by Gardiner as an insult to his character. This infringement necessitated a correction, therefore, Gardiner would pen letters to the Editor's of the Burrangong and Lachlan newspapers highlighting his annoyance and rectifying any misleading accounts in regard to his name and reputation and rogue status. On an early occasion the redoubtable politician Rev Dr Lang (Rev Dr Lang was a passenger on the James when the Christie's arrived in NSW in 1834.) was sweeping through Gardiner's haunts bringing fire and brimstone to the evils of the goldfields and the shanty's and the loose morals prevailing in a wild country. Gardiner's telegraphs kept the King of the Road appraised of important people transiting whereby with the news of the good Reverends presence the bushranger wished to take up his concerns. However, the Rev Lang escaped a meeting; 'The Maitland Mercury and Hunter River General Advertiser' Thursday 10th April 1862: LUCKY ESCAPE FROM STICKING UP.- "On Friday morning, the Rev. Dr. Lang left Mr. M'Guiness', Great Eastern Hotel, by the coach bound for Yass, but when he arrived at the camp it was found that eight prisoners and four of the police force had also to proceed in the same direction by the same conveyance. It was therefore deemed prudent that the rev. gentleman should vacate his, seat, and either postpone his departure in such respectable company, or procure some other conveyance. By the promptitude of Mr. Smith of the Great Eastern, a dog-cart was obtained, and the Dr. started for Yass, by the Burrowa road, instead of by Binalong, within an hour after the departure of the Yass coach, at seven o'clock a.m. On arriving at Wombinumba, five miles from Lambing Flat, an individual stepped into the road and requested the gentleman driving the dog-cart to speak with him aside. On stepping out on the road the stranger told the gentleman that a messenger had been dispatched to Gardner, the bushranger, acquainting him with the doctor's change of route, and advising him for notoriety's sake to stick up the rev. gentleman on the way. The dogcart, however, was hurried on, and no bushrangers were seen. A storekeeper, travelling in the same direction a few hours afterwards from Burrangong, he was stopped by the redoubtable roadster, who having looked at him, retired without molesting either him or his purse, remarking, "You are not the person I expected." The stranger above referred to told our friend that Gardner did not approve of the Burrangong Courier's reports respecting him, and wished to talk with the doctor on the subject." Accordingly, one such letter penned by Gardiner appeared in the Lachlan Miner and was reprinted in the Burrangong Courier; BURRANGONG. (From the Burrangong Courier, April 23, 1862)- The following extremely respectable note and letter appeared in the Lachlan Miner of the 10th instant. The Miner published Gardner's letter as we give it below, with the annexed endorsement as to its authenticity: - "We have received the following letter, purporting to be from the hand of Frank Gardner, the notorious highwayman of Lachlan and Lambing Flat roads. The circumstances under which we became possessed of the documents can be known, and the original copies, with the envelopes and seals, seen by the curious, on application at this office, and they can then use what judgement they choose as to the genuineness of them. We give it to our readers as we received it."
To the Editor of the Burrangong Miner, Lambing Flat;
Sir. - Having seen a paragraph in one of the papers, wherein it is said that I took the boots off a man's foot, and that I also took the last few shillings that another man had, I wish it to be made known that I did not do anything of the kind. The man who took the boots was in my company, and for so doing I discharged him the following day. Silver I never took from a man yet, and the shot that was fired at the sticking-up of Messrs Horsington and Hewitt was by accident, and the man who did it I also discharged. As for a mean, low, or petty action, I never committed it in my life. The letter that I last sent to the press, there had not half of what I said put in it. In all that has been said there never was any mention made of my taking the sergeant's horse and trying him, and that when I found he was no good, I went back and got my own. As for Mr Torpy, he is a perfect coward. After I spared his life as he fell out of the window, he fired at me as I rode away; but I hope that Mr Torpy and I have not done just yet, until we balance our accounts properly. Mr Greig has accused me of robbing his teams, but it is false, for I know nothing about the robbery whatever. In fact, I would not rob Mr Greig or anyone belonging him, on account of his taking things so easy at Bogolong. Mr. Torpy was to bounceable or he would not have been robbed. A word to Sir F. P. Pottinger. He wanted know how it was the man who led my horse up to me the Pinnacle did not cut my horse's reins as he gave the horse. I should like to know if Mr. Pottinger would do so? I shall answer for him by saying no. It has been said that it would advisable to place a trap at each shanty on the road, to put a stop to the depredations done on the road I certainly think that it would be a great acquisition me, for I should then have an increase of revolvers and carbines. When seven or eight men could do nothing with me at the Pinnacle, one would look well at a shanty. Three of your troopers were at a house the other night and got drinking and gambling till all hours. I came there towards morning, when all was silent. The first room that I went into I found revolvers and carbines to any amount, but seeing none was good as my own, I left them. I then went out, and in the verandah found the troopers sound asleep. Satisfying myself that neither Battye nor Pottinger were there, I left them as I found them, in the arms of Morpheus. Fear nothing, I remain, Prince of Tobymen.'
FRANCIS GARDNER, the Highwayman.
"Insert the foregoing, and rest satisfy you shall be paid.'
Day's after it's publication this bold letter raised the ire of the other newspaper proprietors one of whom commented in the 'Goulburn Herald' that some were pandering to the bushranger. The 30th April 1862; MORE ABOUT GARDINER. -Frank Gardiner is certainly in league with a person who lately edited a public journal in this district. The one presents a gold watch to the other; and the editor prints such highly edifying communications as the following in return. The highwayman is, in some respects, worthy of being considered entitled to our regard. In most respects, he is worthy of our detestation only. The editor, however who prostitutes his paper in the manner the person we have referred to has done, should no longer be regarded as a fit public censor, or a reliable chronicler of passing events. Gardiner is a bold rogue and a very great fool, because he not only braves the police and levies toll along the whole line of road from Burrangong to the Lachlan, but he risks his liberty or neck for the paltry equivalent of a few months' defiance of the law. A pity, it is that so bold a spirit should be occupied in so bad a cause and should have to look forward to so contemptible an end.
Within three months of Gardiner's emergence into the Lachlan district came the greatest achievement of Gardiner and his gang's bushranging efforts. The Lachlan Gold Escort robbery at Eugowra Rocks. The Eugowra Rocks were situated about forty-five miles from the provincial town of Orange. In the lead-up to the robbery, Gardiner assembled seven men of various means two of whom were successful squatters and already well off financially and well known to Gardiner. These men were Ben Hall and Daniel Charters.
Interestingly in the process of the planning and gathering of the required equipment and personal. It was said that Frank Gardiner was seeking advice regarding success or failure of the audacious task through the black arts via a Fortune Telling book. A book for which he was widely known to consult regularly and where Gardiner had held great faith in the mechanisms of the Oracle; “Gardiner was reading a book-a fortune telling book. It would appear, in fact, that Gardiner was consulting the oracle as to the future; calculating the chances of the undertaking in hand...”³¹
The rattle and tramp of the Gold Escort Coach reverberated through the quiet late afternoon as it approached the secreted bushrangers littered amongst the distant boulders. As it traversed the slight incline towards the large rocks alongside the rutted wheel tracks, it carried onboard a police sergeant and three troopers. To the surprise of the whip John Fagan the coach was impeded on its path by two bullock teams without their drivers and were drawn diagonally across the road hindering Fagan's passage. Fagan called to the drays, “Make way for the Royal-mail”, then made a circuit to pass around them. However, when the coach neared close to the clump of rocks four men suddenly rose from their shelter. They were attired in red shirts, their faces blackened, and red comforters wrapped around their heads armed with rifles and revolvers. On Gardiner’s command ‘Fire’ the men discharged their guns in a volley and riddled the coach.
A bullet pierced the driver, Fagan’s hat, another perforated the skirt of his coat. With bullet rounds cutting the air following the first volley, another set of bandits stood up and fired a second salvo, at which point, the horses being startled, bolted, and the coach rolled over. Police sergeant-in-charge Condell and his men dazed and disorientated retreated under continuing fire clearing out as the gang rushed upon the coach firing again at the retreating police. After the gun-smoke cleared Sgt Condell had been wounded in three places and Trooper Moran in two. Trooper Haviland was uninjured, and he fled into the bush with the driver and Trooper Rafferty. The robbers shrieking in their adrenaline-charged victory carried away the escort boxes filled with gold, two rifles, and one of the coach horses. Haviland and the driver made for Hanbury Clement’s Station nearby. The bushrangers having fled. Hanbury Clements’ brother John returned to the scene with a party of men, who found only the scattered contents of the mail bags, these they gathered up.
Word was rushed to Forbes, and early on the Monday morning of the 16th June Sir Frederick Pottinger arrived and commenced the chase for the culprits. Subsequently, after obtaining fresh horses the bullet-riddled coach righted proceeded to Orange with the wounded police. However, along the way it picked up some passengers. Clements had also discovered the missing bullock drivers. Consequently, the coach arrived in Orange at six o’clock on the following evening. Travelled up Byng Street and turned right at the corner of the Commercial Bank into Sale Street heading for the Post Office. Here the untouched mail was deposited. The coach then headed the short distance to Dalton’s Inn on Summer St. However, as the coach departed and was proceeding to Dalton’s Inn, there was the report of a gunshot. Whereby, Constable Haviland seated inside the coach was shot and killed instantly by a single round from Constable Moran’s revolver. The revolver had in the melee with the bushrangers fallen to the floor and had gone unnoticed under Haviland’s seat. Constable Moran at Haviland’s inquest gave a detailed account of the tragic death of Haviland.; “we left Mr. Clement’s yesterday morning; the sergeant was on the box with Haviland, and a passenger in the coach; deceased said during the day he would not come on the escort any more unless there was a mounted party along with us; deceased had no spirits or wine that I know of; he was perfectly sober; yesterday evening between six and seven o’clock we arrived at Orange; we had taken up a lady passenger, with her servant and child; I and a lady and the other male passenger were sitting with our backs towards the driver; the female passenger was sitting in the middle; we heard the report of a revolver after leaving the Orange Post-office; the female passenger exclaimed “My God the man is shot!” Haviland was sitting at the back of the coach opposite me; I said “No! It can’t be!” I saw the flash from the revolver in a line with deceased’s chest; the female put her hand over first; I then put out my hand and felt the blood pouring down quite warm; I said, “he is shot in the stomach”; the coach was going on all the time; I said it might be from the sergeant’s rifle; he said “no it could not be”’ in reply to a question from the sergeant I said deceased was shot; in the coach there was my revolver, and a revolver case empty...”³² Consequently, the verdict at the inquest for Haviland found that; "died from a wound by a bullet, whether by intent or accident not known..."³³ The unfortunate Haviland left behind a widow and two children. Furthermore, in 1890 aged 63 Henry Moran who had survived the Eugowra onslaught in 1862 died tragically after falling from a cart at Mt Lambie, NSW. William Haviland's death was the first as a member of the newly formed NSW Police Force on duty.
However, prior to the unfortunate death of Constable Haviland and as Gardiner and his band retreated from Eugowra. Mr Clements and his efforts were highlighted in the newspaper whereby after assisting the police survivors Hanbury Clements had ridden valiantly into Forbes 25 miles distant to raise the alarm and seek out Sir Frederick Pottinger officer in charge of the Lachlan police district. News soon spread like wildfire as Inspector Pottinger and a party of settlers set off utilising the skill of the aboriginal black trackers who were soon on the trail of the bandito's; The attack upon the escort took place at the Rocks, near the station of Mr. John F. Clements, Eugowra Creek, and it was the discharge of about a dozen shots which first attracted the attention of his brother, Mr Hanbury Clements, about four o'clock in the afternoon. Suspecting something wrong, he took horse and galloped in the direction whence the sound proceeded. The first man he met was the coachman, by whom he was informed that the escort had been stuck-up, and all the men shot. Mr. Clements succeeded, shortly afterwards, in bringing all the men together, save one and taking them to his residence; and, after attending as best he was able to the injuries of two who were wounded, started to Forbes with information of the occurrence, where he arrived at nine o'clock in the evening. About an hour afterwards the missing man arrived also. In the course of the night. Sir Frederick Pottinger reached Eugowra with his force, and at daylight, reinforced by Messrs. Cropper, Clements, Campbell, and a blackfellow, started on the tracks. At about a mile distance the gold-boxes were found, the mail bags having been picked up the previous evening by Mr. Clements' brother. Judging by the tracks, the robbers have evidently made off as fast as their horses and moonlight would permit, crossing the Canowindra road, and running down the southern side of the dividing fence between Mr. Clements' and Mr. Campbell's runs. In making along between this fence and the back of the creek, which at the point is very steep, one of the body who had, apparently, approached too close to the brink, had evidently been precipitated to the bottom, from the tracks, about the spot near which Mr. Cropper found a broken bottle of old tom.
After running down the creek about six miles, the tracks passed through the fence, which had been cut with a cold chisel - across the Eugowra road, and in a straight direction for Forbes. The robbers had then gradually wheeled back, recrossed the road and made for the river, over which they passed into Newell's paddock at Waugan, where they tied up their horses under a bank, and partook of a meal of half-cooked meat, the remains of which and some torn envelopes were found scattered about. Judging by appearances, the pursuing party arrived at the conclusion that the robbers had divided at this spot. For some time considerable difficulty was experienced in taking up the tracks from this paddock, the traffic throughout having been so great! Eventually they were found-sometimes on the ground but generally through the bush, the track pursued being across the Wowingragong plains to within five miles of Fenn's Hotel, where it became so dark that, after tracking a mile on foot, the spot was marked by rearing up a log of wood against a tree in a patch of dead myall.³⁴
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| "Make way for the Royal Mail" |
Interestingly in the process of the planning and gathering of the required equipment and personal. It was said that Frank Gardiner was seeking advice regarding success or failure of the audacious task through the black arts via a Fortune Telling book. A book for which he was widely known to consult regularly and where Gardiner had held great faith in the mechanisms of the Oracle; “Gardiner was reading a book-a fortune telling book. It would appear, in fact, that Gardiner was consulting the oracle as to the future; calculating the chances of the undertaking in hand...”³¹
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| Gardiner's Dark Arts companion. |
Frank commenced organising the daring heist of Gold from a Royal Mail Escort. Frank had been scrutinising the gold escort movements around the goldfields of Forbes and Lambing Flat for months. Recording their routes and departure times as well as the number of ounces of gold on-board each coach. What made it easier for the King of the Road was that the details he needed were frequently published in the columns of local newspapers. Moreover, Gardiner's inspiration for success may well have sprung from his recall of a bold and widely publicised robbery in Victoria in 1853. Here a private gold escort under strong guard by the Victorian police were travelling from the McIvor diggings to Bendigo to connect with the Melbourne escort. Subsequently, it came under attack and then robbed by a gang of six men who split into two groups with one section firing on the police while the others snatched the gold. The gang-affected their escape after wounding four police officers in the process. At the time, it was a sensation. The banditos cleared out with over 2,300 ounces of gold and £800 in cash. Nevertheless, while Gardiner was reconnoitring for the robbery. Serious concerns were being raised by the very newspapers Gardiner had been perusing regarding the escorts lack of sufficient police protection. The 'Western Examiner' expressed this concern on 30th January 1862; "Lachlan escort has, for some time, past, formed a subject of comment here. It consists of four men only, and as if to facilitate their destruction by any gang of ruffians that may take it in their heads to "stick them up," they are cooped up, two in a row, in the vehicle containing the gold. It is pretty generally admitted that our whole escort system is faulty. The men should be mounted in order to be effective in an emergency. Under the present system what would be easier than for half a dozen determined fellows-of which there are numbers on the Lachlan-to fell a tree, and when the coach had pulled up, to fire into the escort, the robbers all the time under cover. Such things have occurred in these colonies since the discovery of gold, and may occur again. It certainly shows a want of prudence on the part of the authorities to do things in this half-and-half way. What possible effective resistance could four armed men, cooped up in a coach, and placed in a row to be shot at, offer to the same number, under cover none whatever. On full consideration, it appears little short of recklessly jeopardising the lives of public servants, and indirectly holding out a premium to the gang of marauders who have so long infested these districts, to continue the present system." Frank Gardiner was also cognizant of that very sentiment and would amazingly almost follow the paper's analysis to the letter. Therefore, gratified in the knowledge that the small number of police guards could be overcome, Gardiner set about finalising the logistics for the robbery. John Maguire, a close acquaintance of Frank Gardiner wrote of Frank's desire in 'The Biography of a Reliable Old Native' (written by P.H. Pinkstone, owner of the 'Hawkesbury Herald' and first published in the said newspaper after many in-depth interviews and fireside talks, c. 1906) "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..." All 'The Darkie' needed was a perfect place to ambush a gold escort and that place was revealed by Ben Hall following their discussions of various locations. The area required that it not be well patronised such as the main road between Lambing Flat and Forbes, therefore, Ben proposed Eugowra Rocks an area of large granite rocks and boulders shouldering the road the escort would travel over between Forbes and Orange. Accordingly, with the knowledge in hand and the site decided 'The Darkie' set off for Eugowra Rocks with these men John Gilbert, John O'Meally, John Bow, Alex Fordyce, Daniel Charters, Henry Manns, himself and Ben Hall. Upon an untroubled arrival at Eugowra Rocks, Gardiner set about pacing the firing distance as well as seconding some passing bullock dray's for use as an obstacle for the coach and prepared his troops. Then sat patiently and waited.
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| NSW Gold Escort. c. 1870's |
A bullet pierced the driver, Fagan’s hat, another perforated the skirt of his coat. With bullet rounds cutting the air following the first volley, another set of bandits stood up and fired a second salvo, at which point, the horses being startled, bolted, and the coach rolled over. Police sergeant-in-charge Condell and his men dazed and disorientated retreated under continuing fire clearing out as the gang rushed upon the coach firing again at the retreating police. After the gun-smoke cleared Sgt Condell had been wounded in three places and Trooper Moran in two. Trooper Haviland was uninjured, and he fled into the bush with the driver and Trooper Rafferty. The robbers shrieking in their adrenaline-charged victory carried away the escort boxes filled with gold, two rifles, and one of the coach horses. Haviland and the driver made for Hanbury Clement’s Station nearby. The bushrangers having fled. Hanbury Clements’ brother John returned to the scene with a party of men, who found only the scattered contents of the mail bags, these they gathered up.
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| Orange Post Office. c. 1870. Courtesy NLA. |
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| Hanbury Clements. c. 1880's |
After running down the creek about six miles, the tracks passed through the fence, which had been cut with a cold chisel - across the Eugowra road, and in a straight direction for Forbes. The robbers had then gradually wheeled back, recrossed the road and made for the river, over which they passed into Newell's paddock at Waugan, where they tied up their horses under a bank, and partook of a meal of half-cooked meat, the remains of which and some torn envelopes were found scattered about. Judging by appearances, the pursuing party arrived at the conclusion that the robbers had divided at this spot. For some time considerable difficulty was experienced in taking up the tracks from this paddock, the traffic throughout having been so great! Eventually they were found-sometimes on the ground but generally through the bush, the track pursued being across the Wowingragong plains to within five miles of Fenn's Hotel, where it became so dark that, after tracking a mile on foot, the spot was marked by rearing up a log of wood against a tree in a patch of dead myall.³⁴
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| George Burgess c. 1930's. Rare photo. |
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| View from Gardiner's camp Wheogo Hill. Weddin Mountains in the foreground. Courtesy Peter C Smith. |
Having escaped the police pursuit, Gardiner led his men back to Wheogo Hill 60 odd miles distant, instructing their guide Daniel Charters to;[sic] "Go as crooked as you can, so as to bother the trackers." Wheogo Hill boarders Ben Hall's station and the home of Gardiner's lover Kitty Brown's families Wheogo station. Here the gang set up camp to divide the spoils. While on the summit of Wheogo Hill the men were joined by young Johnny 'Warrigal' Walsh who over the next few days would run errands to provide the food and drink required to sustain the Eugowra raiders. The robbers had plundered a fortune consisting of 2700 oz. of gold, representing over $3 million in today’s value, and £3,700 in Oriental Bank notes equal in today’s terms to $310,000. Following the division of the booty into eight equal shares, Ben Hall, Jack O'Meally, Manns and Bow departed. John Gilbert with his share of 22lbs of gold and £460 in notes safely in his saddlebag remained at the camp. Gardiner, Fordyce, and Charters placed their gold back onto one of the coach horses. However, Gardiner required more carrying capacity, therefore, Charters was sent to down to Hall's home for extra saddle bags. Maguire and Hall lived within 500yds of each other with Hall's abode closer to Wheogo Hill. Charters on approaching his good friends home was surprised by Sgt Sanderson in Hall's yard, turned tail riding hard back to the hill crying out at as he approached the summit "Look out the traps are upon us." Gardiner now joined by a panicked Charters snatched up the reins of the pack-horse and bolted proceeding towards the vastness of the Weddin Mountains. Gilbert in the rush jumped his horse and left his mate and leader to fend for himself. An act that brought their friendship to an acrimonious end. Sanderson followed the trail of Charters to the summit assessing the tracks through his blacktracker. Following a quick survey of the villains camp Sanderson was quickly back on the bushrangers trail.
For the first time in his lawless career Gardiner panicked and with Charters and Walsh as his companion made 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. A move that had all his effort lost forever. Subsequently, at the later Escort trial in February 1863, Sergeant Sanderson the 'Hero of Wheogo' described Gardiner's camp atop Wheogo Hill; “on the Thursday morning following the robbery I was near the Wheogo Mountains, on my search; I was near to the house of a man named Hall; McGuire’s house was about 300 or 400 yards from Hall's house; I went to Hall's house; I wanted to see one of the Hall's; he was not in; I went on towards McGuire’s house; as I went I saw a horseman coming towards me from the Wheoga Mountains, in the direction of Hall's or McGuire’s house; when he caught sight of me he turned round and bolted into the mountains; I followed him with my party; by the aid of our black tracker we got on the tracks; we followed him by roundabout course up to the top of the Wheogo Mountain; the top of the mountain was about a mile and a half from McGuire’s place; at the top of the mountain I found the remnants of a camp; there were sixteen empty bottles; some contained remnants of port wine, some of gin, some of rum, some of ale; there were biscuits about and tea with milk in it; I did not see how the robbers could have got milk on the spot without going to the stations round about; there were remnants of beef, bits of bread! pieces of green hide tied to bushes, and bits of red tape; I found the top of the hill very stoney, and consequently very difficult to keep the track; we lost it for a time; in about a quarter of an hour it was found by the black tracker, and we proceeded on it a distance of about twenty or twenty-six miles, through a dense scrub; the black tracker rode a white horse; as far as I could judge the man who evaded me at the foot of the Wheogo Mountain rode a bright bay horse; we found the track of several horses; I could not say how many; one of them was shod; we followed in these tracks about twenty-five miles; when we came upon a shod horse with a pack on his back; the pack contained a bag with 1239 ounces of gold, a bag similar to that which I saw put into the escort which started on Sunday, 15th June, from Forbes...”³⁶
For the first time in his lawless career Gardiner panicked and with Charters and Walsh as his companion made 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. A move that had all his effort lost forever. Subsequently, at the later Escort trial in February 1863, Sergeant Sanderson the 'Hero of Wheogo' described Gardiner's camp atop Wheogo Hill; “on the Thursday morning following the robbery I was near the Wheogo Mountains, on my search; I was near to the house of a man named Hall; McGuire’s house was about 300 or 400 yards from Hall's house; I went to Hall's house; I wanted to see one of the Hall's; he was not in; I went on towards McGuire’s house; as I went I saw a horseman coming towards me from the Wheoga Mountains, in the direction of Hall's or McGuire’s house; when he caught sight of me he turned round and bolted into the mountains; I followed him with my party; by the aid of our black tracker we got on the tracks; we followed him by roundabout course up to the top of the Wheogo Mountain; the top of the mountain was about a mile and a half from McGuire’s place; at the top of the mountain I found the remnants of a camp; there were sixteen empty bottles; some contained remnants of port wine, some of gin, some of rum, some of ale; there were biscuits about and tea with milk in it; I did not see how the robbers could have got milk on the spot without going to the stations round about; there were remnants of beef, bits of bread! pieces of green hide tied to bushes, and bits of red tape; I found the top of the hill very stoney, and consequently very difficult to keep the track; we lost it for a time; in about a quarter of an hour it was found by the black tracker, and we proceeded on it a distance of about twenty or twenty-six miles, through a dense scrub; the black tracker rode a white horse; as far as I could judge the man who evaded me at the foot of the Wheogo Mountain rode a bright bay horse; we found the track of several horses; I could not say how many; one of them was shod; we followed in these tracks about twenty-five miles; when we came upon a shod horse with a pack on his back; the pack contained a bag with 1239 ounces of gold, a bag similar to that which I saw put into the escort which started on Sunday, 15th June, from Forbes...”³⁶
This is a video of the Eugowra Robbery site I filmed in 2013.
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| The famous photo of Francis Christie and another believed to be John Gilbert possibly taken at Forbes in 1861/2 at Mrs Ryan's Photographic Studio. |
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| Map of Gardiner's retreat from Eugowra sketched by Police 1862. Map on the right re-drawn by Mr. Edgar Penzig. Courtesy Penzig. |
The reward offered is good, but should have been £200 each for the first four robbers taken. There is a feeling here that the Government is decidedly liable for the loss on account of want of proper precaution. If properly managed by Pottinger, who is still out, I firmly believe all the gold will be got. It is most amusing to us to see by the Sydney papers that an impression prevailed that Gardner was not concerned in the robbery."³⁷ Current research indicates that Kitty's young brother the 'Warrigal' was at the bushrangers camp as well. Providing the grog and food from his families Wheogo station and was with Gardiner when during the pursuit they split to shake off the police hot on their trail. There is as well evidence to suggest that it was the 'Warrigal' who went to collect the saddle bags from Hall's as he would have not raised suspicion and that Maguire named Charters to protect the young larikin. Johnny Walsh was devoted to Gardiner and was widely known as Gardiner's Groom. 'Warrigal' was also recalled as attempting to lure Sanderson off Gardiner's track. An old timer who knew 'The Warrigal' in their youth recounted in a look back in the 'Freeman's Journal', 10th November 1906, of the young 'Warrigal' and his skill as a horseman as he and his master bolted from the police at Wheogo; "while flying from the police with Gardiner on one occasion the pair separated, and little Jacky got caught in the pocket of a creek. To turn back meant capture, so 'The Warrigal' being mounted on a splendid bay pony called 'Little John,' dug in his spurs, sent the brave little horse flying over the creek, and got clear away, for none of the police would risk the jump. And no wonder, for when afterwards measured, it was found to be 20 feet wide."
This link covers Daniel Charters' testimony at the Gold Escort Trial's February 1863. The evidence of Tom Richards and others involved in the pursuit is also accessible.
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| "Gardiner's horse then began to rear and plunge." Scetch by Percy Lindsay. c. 1935. |
Authors Note: 'The Kyneton Observer' Thursday 25th September 1862. The Fat Girl is Kyneton,—Miss Mary Jane Youngman, commonly known as the Fat Girl, of the extraordinary weight of 12st 11lbs, though only 14 years of age, measuring 35 inches in height, and 3 feet 6 inches round the shoulders; 4 feet 3 inches round the waist; and 1 foot round the arm, which is only 9 inches in length; and 2 feet round the leg, which in length is exactly in foot; will be exhibited in Kyneton, on Friday and succeeding days at the Kyneton Theatre, Piper-street, and there can be little doubt hundreds will be induced to pay a visit to this wonder of the world. This young lady who, from reports which have reached us, has never shed her milk teeth or infant hair, and who combines the stature of a dwarf with the form and muscular development of a giant, was born on the Lachlan, and may with safety be pronounced the "greatest " female prodigy the world has ever seen.
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| Sir Frederick Pottinger. 1831-1865. |
Saturday the 9th August 1862 was a red letter day for the inspector. Pottinger armed with his information, the indefatigable inspector arrived in the dead of night and staked out Gardiner's paramour Catherine Browne's home at Wheogo with eight officers. The Inspector utilising his solid information that 'The Darkie' would appear or be present for a romantic liaison with Mrs Browne that evening waited in nearby scrub. Great excitement prevailed as Pottinger's information proved correct when in the dead of night Gardiner was seen arriving for an evening in Mrs Browne's warm embrace. At the midnight hour the bushranger mounted on his horse rode leisurely toward her home completely unaware of his Nemesis' presence. Pottinger with complete surprise on his side rose and within touching distance abruptly called 'Stand in the Queens name', at the same time lifting his carbine fired point blank at Gardiner, who was completely startled. However, due to a failure of Pottinger's carbine in firing, it allowed a panicked Gardiner to escape from the inspector and his eight carefully positioned troopers, two of which also discharged their weapons missing Gardiner who vanished into the night. Raging, Sir Frederick Pottinger proceeded to the home and after some heated interrogation of both Kitty and her younger brother 'Warrigal', Pottinger arrested the lad.[sic] "Walsh, a boy aged seventeen years, was brought up in custody, and charged with being an accomplice of Gardiner." Sir Frederick provided his version of events before the Forbes Bench during Kitty's younger brother John Walsh's arraignment; "On Sunday morning at half-past 3," said he, "I apprehended a youth named Walsh at the residence of his sister, at Wheogo; being aware that Frank Gardiner, the bushranger, was enamoured of Mrs. Brown, and believing that he would take advantage of her husband's absence to tender his addresses. I proceeded on Saturday with eight men to the premises; I arrived at 12 p.m., and leaving four of the men in charge I went with Senior-Sergeant Sanderson and Trooper Holster to watch the place; I subsequently sent Sub-Inspector Norton and Trooper Hollister to guard the front while Senior Sergeant Sanderson and I hid ourselves in the bush; we discovered the house dark and silent as though everybody was asleep; after about half an hour we saw a light struck and in a few minutes a woman made her appearance and commenced to collect wood for the purpose of making a fire, but neither Sergeant Sanderson nor I could identify the woman, as we were concealed at a distance of 150 yards from where she was standing, in a thick pine-tree scrub; it might be 20 or 25 minutes after my seeing the woman that I observed a man mounted on a white horse approaching Brown's house at a quiet pace, upon which I called upon Sanderson to fall back, and we did so to our original position; suddenly the noise of horse's hoofs sounded nearer and nearer, when I saw Gardiner cantering leisurely along; I waited until he came within five yards of me, and levelling my carbine at him across his horse's shoulder (the weapon, I swear, being about three yards from his body) I called upon him to stand; I cannot be mistaken, and on my oath I declare that the man was Frank Gardiner; deeming it not advisable to lose a chance I prepared to shoot him, but the cap of my piece missed fire; Gardiner's horse then began to rear and plunge, and before I had time to adjust my gun, he had bolted into the bush; as Gardiner was riding away on the back of the frightened animal, Sergeant Sanderson fired at him, as also did Hollister; I called out to those who could hear me to "shoot the wretch;" Gardiner however, made his escape; we then proceeded to Mrs. Brown's house, and having seen her she frankly admitted that Gardiner had been at her place; I saw a bed made upon the sofa, and a four-post bedstead with a bed upon it in which two persons had been reposing; the boy Walsh was in it asleep and he declared that he had heard no noise and did not know what had happened; he had lodgings at his mother's and was not obliged to sleep where he was found; I immediately arrested him; on the table in the kitchen I saw the debris of a supper, a bottle of gin, a flask of powder and a box of revolver caps; some few days ago I received information that Gardiner had been seen, accompanied by a lad answering the appearance of Walsh, near to Mrs. Walsh's residence, and that while a man named Humphreys was stuck-up on the road a youth like Walsh held Gardiner's horse while he perpetrated the robbery; when I came across the bushranger's camp a short time since I picked up a small monkey jacket, only large enough for a boy to wear ; Walsh says he is 17 years of age, but I don't think he is more than 15; I may add that the gun missing fire was purely an accident, as Sergeant Condell, when he loaded it, took every precaution to prevent the misadventure."
This briefly was Sir Frederick's story when the boy was before the bench at Forbes, charged with being an accomplice of Gardiner. After having given evidence he prayed for a remand, and the accused was remanded to gaol accordingly."³⁸ Startled Gardiner had plunged his horse into the scrub reining the animal some 500 yds off to regather his nerve; "it seems that the black trackers found in the morning that Gardiner had dismounted about five hundred yards away, and actually seated himself down at the foot of a tree..." Lachlan Miner 12th August 1862.
Although Pottinger's knowledge of Gardiner using Kitty's home as a retreat, the ramifications for her arrested brother young John 'Warrigal' Walsh often referred to as Gardiner's groom would be catastrophic, whereby, after some seven months in the custody of the police at Forbes, the young lad would tragically die of Gaol Fever at the tender age of 16. (See Ben Hall page.) However, following this narrow escape Gardiner quickly returned to the hut later that night and with Mrs Brown in toe the pair would commence preparations for the the long trek to Queensland. Furthermore, a long-time resident of the Lachlan District who went by the pseudonym of John A Hux, and who was responsible for a lot of favourable comment about Gardiner and Co in the newspapers, wrote the following information reputedly from the very lips of Frank Gardiner regarding the narrow escape from Sir Frederick Pottinger. Gardiner's provides his assessment and admiration of Sir Frederick; "I asked him the particulars of Sir F. Pottinger's meeting him at Mrs. Brown's; he gave almost word for word the same statement made by Sir F. Pottinger of their meeting, adding that he never had the slightest suspicion of any police being near him, that he was quietly ambling along when he heard someone shout out "Stand," and almost immediately level a rifle. So sudden was it, that he felt as if he were electrified. Jumping up in his saddle, and spurring his horse, he galloped away into the bush, distinctly hearing the cap of the rifle snap, and adding "by God, I thought I was a dead man". He returned to the hut the same night and took Mrs. Brown away. I asked him what they thought of Sir F. Pottinger, to which he replied, the papers may say what they like about him; some call him a coward, I wish he was. There is nothing of the coward about him; he is the only man in the police I care for, and the only one that hunts and keeps me moving; in fact, the place is getting too hot for me. I shall try and clear out. Such is the statement made by Gardiner himself, and I leave the question of the cowardice or not of Sir F. Pottinger between the statements made by the hon. members Messrs. Harpur and Driver and the notorious bushranger Gardiner. I merely state facts..."³⁹ Gardiner susceptible to feminine charms had for some time had been the lover of Mrs Browne who was in turn devoted to Gardiner. Gardiner's personality was stated as somewhat attractive. He was about 5 ft. 8½in. in height, of athletic build, with brown hair, hazel eyes, a face of the Corsair type, and a smooth voice. For Catherine she was described as 5ft 3in Sandy Blonde hair and a striking beauty.
To compound matters rumours of their departure abounded, whereby, soon after the confrontation at Kitty's, Gardiner was said to have taken passage on a ship the 'All Serene' which was recorded as sailing from Sydney for California on July the 16th 1862; FORBES, 25th August. "It is now reported by some parties who profess to have known Gardiner well, that this noted bushranger sailed some time ago for California, and that the party now impersonating him has done so with a view to facilitating his escape. The vessel in which the real 'Simon Pure' took his departure, curiously enough, is called the "All Serene." The rumour was followed up with another tale of Gardiner actually arriving in California; 'Mount Alexander Mail' Monday 29th September 1862; "The report which some time ago appeared in a telegram published by Messrs Gordon and Gotch, to the effect that Gardiner had actually sailed sometime since for California, did not obtain much credence at the time, as the many reports of Gardiner having been seen rendered it rather improbable. The report, however, appears to have been correct in every particular, as the latest news from California states-Gardiner arrived there all right in the "All Serene" from Sydney. This is a strange sequel to the report of Sir F. Pottinger and his cowardly police, who were afraid of the man on a white horse because they thought it was Gardiner..." Instead of California just where were they as the 'Darkie' and Kitty had it seemingly dropped of the planet.
Note: The ship 'All Serene' reputed to have carried Gardiner off was lost at sea on March 2nd 1864 while carrying a cargo of lumber under the command of Captain M. Meyers, having departed Victoria, Vancouver's Island 29th of November, 1863, for Sydney. In a fierce storm lasting weeks, the ship sank setting the crew and passengers into the violent sea where; "on counting our number there were thirty-one left; the captain's wife and two children, the chief mate, cook, a boy, and two passengers were drowned."
Although Frank Gardiner was gone, it was however treated in the press as if his disappearance was some sort of CEO resignation of a major corporation. A newspaper the 'Illawarra Mercury' reported the following tongue-in-cheek comment regarding the transfer of bushranging responsibilities from Frank Gardiner to the bands new CEO John Gilbert now responsible for the South Western districts promulgated in July 1863. Gilbert's wide notoriety as Gardiner's lieutenant naturally had the press promote the rogue as the group's heir apparent and leader; DISSOLUTION OF PARTNERSHIP. "It appears that the famous bushranger, Gardiner, has somehow backed out of his bushranging business, and retired from public life, leaving his associate Gilbert at the head of the concern. "Bell's Life" in Sydney, not unhappily hits off this change in the following notice:- "The public is respectfully informed that, the partnership hitherto existing between Frank Gardiner, John Gilbert, and John O’Meally, 'Road Contractors,' trading in the South-Western districts under the style of 'Gardiner, Gilbert, and Co' was this day dissolved by mutual consent; and that the business will in future be carried on by the said John Gilbert and John O’Meally, as 'Gilbert and Company,' who will pay all debts of gratitude due by the late firm, and collect all outstanding accounts. In retiring from business, Mr Frank Gardiner begs respectfully to tender his acknowledgements to the Government for the 'liberal' measure of support (the new Police Act) accorded to him since he has been in business. Mr Gardiner has also to express his sincere thanks to his friends, the 'gentlemen' of the police, for patronage they have ('unwittingly') bestowed upon him, and solicits a continuance of that support for his successors, in whom he has every confidence that the business will be conducted by them with the same promptitude and energy that distinguished the late firm. "In reference to the above, Messrs. Gilbert and Company beg to assure their friends and the public generally that no exertion shall be wanting on their parts to merit a continuance of the confidence placed in the late firm of Gardiner, Gilbert, and Co. Messrs. Gilbert and Company respectfully announce that whilst diligently attending to the Mails, it will be their constant study to treat the females with every courtesy and gentlemanly consideration. "**Racehorses purchased or exchanged on liberal terms." N.B.-Gin, of the finest quality, supplied to travellers gratis. "Weddin Mountain, 6th July, 1863."
Just where had the mythological bushranger evaporated too. Rumours persisted that Gardiner had fled the colony with Mrs Browne in tow, however, it was to Queensland not California that the pair had fled too. The trek north would take the pair a number of months and evidence indicates they travelled via Dubbo crossed the Barwon River at Walgett, then on to St George, Miles, Taroom, Theodore, Rannes with the couple arriving at their final destination Apis Creek sometime in March/April 1863, a trek of some 800 miles. Constable Wells who was one of those instrumental in the capture of Gardiner recounted; "About 7:30 p.m.-that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie." (Kitty claimed they arrived in June however this maybe a faint.) However, prior to their arrival at Apis Creek, it was observed by a Mr J.E. Richter of the redoubtable pair's appearance at Rannes, 80 miles short of Rockhampton. Here they had attempted to negotiate the purchase of a new hotel owned by a Mr Pendrigh built entirely of split timber and provided a bar and other accommodation. Richter had observed the cut of the pair which with limited female company in the distant back-blocks Catherine stood out with her attractive good looks and lush blonde hair and Gardiner's athletic appearance. They made for a stunning couple. Whilst staying at Rannes for some two days, Ritcher noted Catherine's proficiency as a horsewoman; “whilst, these negotiations were in progress, the woman one morning was noticed in the act of catching one of the horses on the grass within a few chains of the hotel. The horse was restive, and would not allow itself to be caught as easily as usual. She, however, had got a hold of the mane above the wither and ran alongside the animal as it trotted, in the endeavour to stop it. Then the horse commenced to canter. As the pace was becoming too fast and still having hold of the mane, she gave a spring and landed on its back, after which the horse was as much under control as if it had a bridle on its head. It was the smartest bit of athletics I ever saw outside of a circus...”⁴²
The prospect of a purchase unrealised the pair moved on from Rannes. Unperturbed the two passed through Rockhampton having in the process made the acquaintance of another couple going their way, the Craig's, whose buggy had become bogged on the road near Yaamba. Here the affable Gardiner lent a helping hand; "shortly afterwards the driver overtook a dogcart, which was stationary, owing to one of the horses having bogged. The owners, a very respectable looking couple—a man and woman—were evidently unable to extricate themselves without assistance which was promptly rendered by the man in the tilted cart lending one of his horses to pull out the drag. This led to some conversation, and to the discovery that the latter was wholly ignorant of the road of which the owner of the bogged horse was well acquainted. The obliging party was Mr Christie, and the obliged Mr Craig..."⁴³ Following the extraction of the buggy the four commenced travelling together. During their conversation Gardiner stated he was going to Connor's Range 40 miles south of Mackay, however, Craig disclosed that he had a hotel near completion and much closer in distance at Apis Creek; "in the course of the conversation which ensued, it transpired that Mr. Christie was on his way up the country to start a store upon Connor's Range, and Mr. Craig on a similar errand to Apis Creek at which place a building was already in the course of erection. It ultimately was arranged that a partnership should be formed upon Christie paying down the sum of £60. It appears that Mr. Craig had no interest in the store which was afterwards added by Christie to the public-house..."⁴⁴ In due course, the Christie's arrived at their adjusted destination Apis Creek which is situated 100 miles north-west of Rockhampton. The tiny outpost was on the busy road to the new Peak Downs Gold and Copperfield with thousands of prospective miners passing through including many from Gardiner's former haunts of the NSW Burrangong and Forbes goldfields. The partnership with Craig's encompassed establishing a hotel, general store and butcher's shop under one roof. The building was built out of wood slabs, with a roof of bark made from white and gum topped box and ironbark trees all stripped by local aboriginals. Once the new enterprise was organised Frank and Catherine attended the general store and butcher's shop. Archibald Craig and his wife oversaw the hotel, where all drinks cost a shilling. Before long, Gardiner built a reputation whereby he was respected as a very courteous and helpful fellow and a general favourite with everybody and most importantly to Gardiner himself, trustworthy. At differing times Gardiner guarded hundreds of £'s worth of gold. During his time at Apis Creek, he was described as about five feet eight inches, 11 stone in weight, with a long full beard and whiskers which concealed most of his face. Catherine was described as attractive, small in stature with sandy blonde hair. However, the lovers kept quietly to themselves. The relationship between the Christie's and Craig's appeared to be purely business as Craig; "admits that his partner was retiring, and uncommunicative-that Mrs Christie was even more taciturn, and that she was a great stranger to Mrs Craig and himself as the first day they met..." ⁴⁵ The reserve demonstrated in a strangers presence exhibited by the two was understandable for one slip of the tongue could well mean exposure and arrest. Furthermore, it appeared in the press, but never fully verified, that before the trek north Gardiner and Catherine Browne sometime after his August 62 confrontation with Pottinger may have visited Gardiner's family at Portland, Victoria however, this was untrue as his family connections had sold out and left the district. Catherine herself countered this assertion stating that they travelled directly to Queensland from the Lachlan and that they were then legally married. However, it is interesting that upon Gardiner's eventual capture he had in his possession a beautiful black racehorse named 'Darky'. Detective McGlone, the arresting officer stated the horse was named 'Racer' believed to have been lifted from a Mr Peter Beveridge near Swan Hill, Victoria. A mistake maybe? As in April 1862, Gardiner was noted to have a striking black racer under him: 'Empire' Friday 11th April 1862; "when Gardiner was last seen he was riding a splendid thorough-bred black horse, of beautiful build and racing proportions..." Subsequently, when Gardiner was held at Darlinghurst in April 1864, the subject of his pride and joy, his horse 'Darky' was raised. The very thought or mention of the animal excited the former bushranger;[sic] "Gardiner seems to care about nobody, but this woman and his black horse, of which he is extraordinarily fond— the horse which carried him and Mrs Brown from the Lachlan to 100 miles beyond Rockhampton. The animal is now in Sydney, and £5 - has been offered for it. Gardiner himself says it is so docile that when he whistled it would come to him in the bush. He likes to talk about this animal, and the mention of it will rouse him out of one of his reveries into animation..." The acclaimed stolen horse would be delivered along with Gardiner to Sydney; however, the supposed former owner Peter Beveridge when informed never laid claimed to the horse, and it was sold for £122 to a Mr Peisley who then sold the horse again for £172;[sic] 'A Horse! A Horse! My Kingdom for a Horse!' — It will be within the recollection of our readers, that the renowned Frank Gardiner was on many occasions indebted to his no less renowned charger, 'Darkie,' for so long having eluded capture. The capabilities of this fine animal remind us of the exploits of the famous 'Black Bess,' the favourite of Dick Turpin, so graphically recorded by Ainsworth, in his novel of Rookwood. On Thursday last, by direction of the Government, 'Darkie' was submitted to public sale by Mr. Charles Martyn, and after a brisk competition, was knocked down to Mr. W. Piesley for £122. The sale yard was crowded on the occasion, and certainly Gardiner must be acknowledged to possess good judgement in horse-flesh. 'Darkie' is the beau ideal of a steeple-chaser, of a rich brown colour, fully sixteen hands high, with splendid fore-arm, and bone and muscle in proportion. He has, of course, undergone an immense deal of work, but as a fancy purchase Mr. Piesley has not paid too dear for him. He is a horse of excellent temper, and carries a lady with a docility and gentleness scarcely to be expected from a highwayman's charger. To capitalise on the owners investment 'Bells Life in Sydney' on the 24th September 1864 reported that the celebrated blood horse was exhibited for a short time at the Pantheon Tea Gardens, Bourke street, two doors from the Haymarket Theatre.
Furthermore, in January of 1864 three months before Gardiner's arrest, a reporter for the 'Geelong Advertiser' trumped the police and made the sensational claim that Gardiner was indeed in Queensland. The reporter appeared to have a very credible source. Moreover, the article may also have been the catalyst for the police to act finally. Contrary to the various reports that Catherine's sister Bridget's lover James Taylor, the man Bridget Hall deserted Ben Hall for may have informed on their whereabouts via a note received from Kitty and sought the substantial reward is doubtful. Another claim is that John Brown himself turned on the couple. Others claim a former digger from Lambing Flat recognised Gardiner or Catherine and went to Sydney seeking the reward. However, it is all hearsay as the reward for Gardiner's capture was paid to Detective McGlone, which was a paltry sum of £20 of the original £500. Saturday 7th January 1865; THE REWARD FOR GARDINER'S CAPTURE - "We understand that the entire sum paid by the Government to detective McGlone for the capture of Gardiner was £20, and that his position in the service is no higher now than it was previous to that event. When the performance of special and dangerous duties, such as the arrest of the most notorious bushranger that even New South Wales ever produced, is thus inadequately recognised, there is little inducement for what in the navy is termed "zeal for the service" in the police force" - Young Tribune.
Nevertheless, the article that may have piqued the interest of the NSW police regarding Gardiner's whereabouts had originated in Queensland and although the writer expresses Brisbane as Gardiner's new home, it is true in what they say, 'where there's smoke there's fire', consequently, the story was forwarded to Geelong where it also covered the well-known use by Gardiner of a variety of disguises often employed for anonymity. A circumstance of which he was a master of; 'Empire' Saturday 23rd January 1864; A TALE FOR THE MARINES. - "We are indebted to the Melbourne Age for the following tough "yarn"- "The notorious Gardiner appears to have again put in an appearance. He has now selected Brisbane for his place of residence, but, it seems, is living for him-very quietly. We take the following from the letter of the Queensland correspondent of the 'Geelong Advertiser’.-"Now, in connection with the escort, I shall make mention of a circumstance that has come to my knowledge, and that should be borne in mind by the police. Frank Gardiner, the celebrated New South Wales bushranger, has gone north, and doubtless he is on for a 'little game' after the free and easy fashion he adopted in the neighbouring colony. Of course, in the face of so many conflicting reports as are circulated in New South Wales and Victoria, in connection with this notorious character, I do not expect that universal credit will be given to the statement here made; nevertheless, I place it against all the reports of Frank Gardiner's death and secret departure to foreign parts. Frank Gardiner has been in Queensland for the past ten mouths at least. He has moved about Brisbane occasionally in the most open manner and with perfect nonchalance. He has been amongst the police, and has not been recognised though they have one photograph at least of him in their possession. I have seen the photograph and I have seen the original, so I am in a position to speak with certainty. I have also read the description of him in the Hue and Cry and Police Gazette. There is this much to be said in excuse of the police, that Gardiner is such an adept at disguising himself (making-up in the theatrical phrase) that he, will introduce himself to a man at any time and meet him again in an hour afterwards so changed as to defy recognition. He has appeared like a local preacher with suit of seedy black, white cravat and spectacles; as a rollicking squatter in loudest modern attire; and as a rough bushman and stockrider, Crimean shirt, tights, long boots and dirty felt hat or cabbage tree. But it is not by his clothes alone that he disguises himself, he understands how to change his complexion and his hair moustache and beard. It appears that he is prepared to challenge detection by his late mates, except, perhaps Gilbert, with whom he had a difference before leaving New South Wales. Gilbert is talkative and indiscreet, while Gardiner is close, or as the phrase goes, 'dark' to his companions. As an instance of the capers Gardiner has been up to here, I may mention that a well-known courtesan called Madeline Smith (said to be the lady of Glasgow notoriety) was brought before the police court some time ago, and while in the dock a man was leaning over the back of it, and suggesting to her what to say to the bench. The attendant constable turned him away from the dock telling him that nobody must interfere with the accused. He apologised laughingly, and remained in court; and afterwards (I am assured) became bail for her. That man was Frank Gardiner! Again, he opened an account in one of the city banks. There is a woman here of whom I have before written, a Mrs. Winch, who has been in gaol two or three times and first for killing her husband with a pair of scissors at Rockhampton, she was for a short time a favored friend of Gardiner. Whether or not they are together now, I do not know. As the lady belongs to the north; they may be. Some time ago there were paragraphs in the Brisbane papers; setting forth that one of the men concerned in the terrible escort robbery in New South Wales was up here in the service of a member of the Legislature, who is a large squatter. I have been told since that the man referred to was Chartres, the Queen's evidence at the trial of Bow and others who were convicted at Sydney, I have also heard that another man in whose house the bushrangers often lived in the vicinity of Burrangong has honored Queensland with his presence."
However, for the Christie's their past nineteen months had been full of mystery, rumour and innuendo as to their whereabouts, as attested to above, and as such, time had drifted by with no apparent hindrance as the happy couple adjusted to their new life of anonymity far from their previous home and haunts in NSW. However, their blissful hiatus would come to an abrupt end. Upon information accumulated by the NSW police, Detective Daniel McGlone, constables James Pye and Wells were dispatched to Queensland to substantiate the current intelligence as to Gardiner's presence at Rockhampton or its surrounds. Constable Wells states on their secondment for the task; "Early in February! 1864, the late Capt. McLerie organised our party, consisting of Daniel McGlone, James Pye, and myself, McGlone being In charge. We left Sydney by steamer for Rockhampton, which was then in a state of flood. Upon our arrival there, we found it impossible to proceed on foot as diggers." Intelligence that ultimately deemed accurate. A correspondent of the 'Brisbane Courier' on hand in Rockhampton broke the sensational news on March 10th 1864 and in an instant, the telegraph wires lit up and rocketed countrywide the story of the notorious bushranger Frank Gardiner's capture; FRANK GARDINER IS CAPTURED, and at the present moment lies heavily ironed in the Rockhampton lock-up. Rumours upon rumours have lately been in circulation to the effect that the notorious bushranger had been in this town, but all without foundation; now, however, it is beyond doubt that he paid a visit to this lively locality, though at a period long previous to that hinted at by any of the rumours. About nine months ago Mr. Frank and his paramour, the almost equally notorious Mrs. Browne, who absconded from her husband at the Lachlan, arrived overland in Rockhampton, under the assumed names of Mr. and Mrs. Frank Christie. Their stay was very brief, and they left town, taking the route for the Peak Downs, after passing Yaamba the interesting pair fell in with a Mr. Craig, who was going in the same direction, and, as the woman said in the police-court, "they travelled together for company." While thus journeying together Craig (who, to do him justice, appears to have been totally ignorant of the true character of his fellow-traveller) entered into an exposition of his intentions and prospects, which confidence was returned in kind by his new acquaintance, who appears not to have concealed the fact of his having at least sufficient capital to make a good beginning in the public or store-keeping line. What more natural, then, that these very communicative fellow-travellers should begin to entertain and discuss the notion of the probable success of a little "spec" in the public-house and store way. Craig knew of a good stand at Apis Creek, and had a little spare cash; while Christie, alias Gardiner, was similarly provided;—and then, too, how well Mrs. Christie would suit behind the bar of a country inn, or counter of a snug little store. As Craig was not a detective policeman it is not likely that he would look for any of the peculiar marks on Mr. Frank Christie's person, which are so elaborately set forth in the Crime Report—if, indeed, he had ever seen the description referred to. Christie, and his "wife," were a "likely" couple, no doubt; and, having a little ready, Craig did not hesitate; —the partnership was entered into, a public-house and store were opened at Apis Creek, and our quondam bushranger, settled down apparently for a quiet life. Apparently, because some very knowing people affirm that Gardiner only intended to lay by till there was something worth taking from successful Peak Downs miners, when he would be "at his old tricks again," and return "like the dog to his vomit," or "the sow to her wallowing in the mire." At any rate, in whatever light he may have regarded the prospect of any further achievements on the "road," it is obvious that his intentions in a moral point could have been none of the purest, as he still consorted with Mrs Brown.
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| Kitty's home Wheogo. c. 1920's. |
Although Frank Gardiner had departed the Lachlan with Mrs Browne many robberies in the early months of the year 1863 continued to be attributed to Gardiner, where still yet, Gardiner! Gardiner! was the cry in many robberies perpetrated not by Gardiner but at the hands of John Gilbert, Ben Hall and John O'Meally. However, as nothing concrete had been seen of the celebrated bushranger for some months led one correspondent to ponder; "but after every enquiry could hear of no confirmation of the report, nor of any stranger having visited that quarter bearing any resemblance to the redoubted bushranger. Verily, there are as many Gardiner's in the colony as there were Richmond’s at Bosworth field..."⁴⁰ furthermore Gardiner's fame knew no bounds, when it was also noted;
To compound matters rumours of their departure abounded, whereby, soon after the confrontation at Kitty's, Gardiner was said to have taken passage on a ship the 'All Serene' which was recorded as sailing from Sydney for California on July the 16th 1862; FORBES, 25th August. "It is now reported by some parties who profess to have known Gardiner well, that this noted bushranger sailed some time ago for California, and that the party now impersonating him has done so with a view to facilitating his escape. The vessel in which the real 'Simon Pure' took his departure, curiously enough, is called the "All Serene." The rumour was followed up with another tale of Gardiner actually arriving in California; 'Mount Alexander Mail' Monday 29th September 1862; "The report which some time ago appeared in a telegram published by Messrs Gordon and Gotch, to the effect that Gardiner had actually sailed sometime since for California, did not obtain much credence at the time, as the many reports of Gardiner having been seen rendered it rather improbable. The report, however, appears to have been correct in every particular, as the latest news from California states-Gardiner arrived there all right in the "All Serene" from Sydney. This is a strange sequel to the report of Sir F. Pottinger and his cowardly police, who were afraid of the man on a white horse because they thought it was Gardiner..." Instead of California just where were they as the 'Darkie' and Kitty had it seemingly dropped of the planet.
Note: The ship 'All Serene' reputed to have carried Gardiner off was lost at sea on March 2nd 1864 while carrying a cargo of lumber under the command of Captain M. Meyers, having departed Victoria, Vancouver's Island 29th of November, 1863, for Sydney. In a fierce storm lasting weeks, the ship sank setting the crew and passengers into the violent sea where; "on counting our number there were thirty-one left; the captain's wife and two children, the chief mate, cook, a boy, and two passengers were drowned."
Although Frank Gardiner was gone, it was however treated in the press as if his disappearance was some sort of CEO resignation of a major corporation. A newspaper the 'Illawarra Mercury' reported the following tongue-in-cheek comment regarding the transfer of bushranging responsibilities from Frank Gardiner to the bands new CEO John Gilbert now responsible for the South Western districts promulgated in July 1863. Gilbert's wide notoriety as Gardiner's lieutenant naturally had the press promote the rogue as the group's heir apparent and leader; DISSOLUTION OF PARTNERSHIP. "It appears that the famous bushranger, Gardiner, has somehow backed out of his bushranging business, and retired from public life, leaving his associate Gilbert at the head of the concern. "Bell's Life" in Sydney, not unhappily hits off this change in the following notice:- "The public is respectfully informed that, the partnership hitherto existing between Frank Gardiner, John Gilbert, and John O’Meally, 'Road Contractors,' trading in the South-Western districts under the style of 'Gardiner, Gilbert, and Co' was this day dissolved by mutual consent; and that the business will in future be carried on by the said John Gilbert and John O’Meally, as 'Gilbert and Company,' who will pay all debts of gratitude due by the late firm, and collect all outstanding accounts. In retiring from business, Mr Frank Gardiner begs respectfully to tender his acknowledgements to the Government for the 'liberal' measure of support (the new Police Act) accorded to him since he has been in business. Mr Gardiner has also to express his sincere thanks to his friends, the 'gentlemen' of the police, for patronage they have ('unwittingly') bestowed upon him, and solicits a continuance of that support for his successors, in whom he has every confidence that the business will be conducted by them with the same promptitude and energy that distinguished the late firm. "In reference to the above, Messrs. Gilbert and Company beg to assure their friends and the public generally that no exertion shall be wanting on their parts to merit a continuance of the confidence placed in the late firm of Gardiner, Gilbert, and Co. Messrs. Gilbert and Company respectfully announce that whilst diligently attending to the Mails, it will be their constant study to treat the females with every courtesy and gentlemanly consideration. "**Racehorses purchased or exchanged on liberal terms." N.B.-Gin, of the finest quality, supplied to travellers gratis. "Weddin Mountain, 6th July, 1863."
Just where had the mythological bushranger evaporated too. Rumours persisted that Gardiner had fled the colony with Mrs Browne in tow, however, it was to Queensland not California that the pair had fled too. The trek north would take the pair a number of months and evidence indicates they travelled via Dubbo crossed the Barwon River at Walgett, then on to St George, Miles, Taroom, Theodore, Rannes with the couple arriving at their final destination Apis Creek sometime in March/April 1863, a trek of some 800 miles. Constable Wells who was one of those instrumental in the capture of Gardiner recounted; "About 7:30 p.m.-that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie." (Kitty claimed they arrived in June however this maybe a faint.) However, prior to their arrival at Apis Creek, it was observed by a Mr J.E. Richter of the redoubtable pair's appearance at Rannes, 80 miles short of Rockhampton. Here they had attempted to negotiate the purchase of a new hotel owned by a Mr Pendrigh built entirely of split timber and provided a bar and other accommodation. Richter had observed the cut of the pair which with limited female company in the distant back-blocks Catherine stood out with her attractive good looks and lush blonde hair and Gardiner's athletic appearance. They made for a stunning couple. Whilst staying at Rannes for some two days, Ritcher noted Catherine's proficiency as a horsewoman; “whilst, these negotiations were in progress, the woman one morning was noticed in the act of catching one of the horses on the grass within a few chains of the hotel. The horse was restive, and would not allow itself to be caught as easily as usual. She, however, had got a hold of the mane above the wither and ran alongside the animal as it trotted, in the endeavour to stop it. Then the horse commenced to canter. As the pace was becoming too fast and still having hold of the mane, she gave a spring and landed on its back, after which the horse was as much under control as if it had a bridle on its head. It was the smartest bit of athletics I ever saw outside of a circus...”⁴²
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| Archibald Craig. 1835-1868. Never before published. |
Furthermore, in January of 1864 three months before Gardiner's arrest, a reporter for the 'Geelong Advertiser' trumped the police and made the sensational claim that Gardiner was indeed in Queensland. The reporter appeared to have a very credible source. Moreover, the article may also have been the catalyst for the police to act finally. Contrary to the various reports that Catherine's sister Bridget's lover James Taylor, the man Bridget Hall deserted Ben Hall for may have informed on their whereabouts via a note received from Kitty and sought the substantial reward is doubtful. Another claim is that John Brown himself turned on the couple. Others claim a former digger from Lambing Flat recognised Gardiner or Catherine and went to Sydney seeking the reward. However, it is all hearsay as the reward for Gardiner's capture was paid to Detective McGlone, which was a paltry sum of £20 of the original £500. Saturday 7th January 1865; THE REWARD FOR GARDINER'S CAPTURE - "We understand that the entire sum paid by the Government to detective McGlone for the capture of Gardiner was £20, and that his position in the service is no higher now than it was previous to that event. When the performance of special and dangerous duties, such as the arrest of the most notorious bushranger that even New South Wales ever produced, is thus inadequately recognised, there is little inducement for what in the navy is termed "zeal for the service" in the police force" - Young Tribune.
Nevertheless, the article that may have piqued the interest of the NSW police regarding Gardiner's whereabouts had originated in Queensland and although the writer expresses Brisbane as Gardiner's new home, it is true in what they say, 'where there's smoke there's fire', consequently, the story was forwarded to Geelong where it also covered the well-known use by Gardiner of a variety of disguises often employed for anonymity. A circumstance of which he was a master of; 'Empire' Saturday 23rd January 1864; A TALE FOR THE MARINES. - "We are indebted to the Melbourne Age for the following tough "yarn"- "The notorious Gardiner appears to have again put in an appearance. He has now selected Brisbane for his place of residence, but, it seems, is living for him-very quietly. We take the following from the letter of the Queensland correspondent of the 'Geelong Advertiser’.-"Now, in connection with the escort, I shall make mention of a circumstance that has come to my knowledge, and that should be borne in mind by the police. Frank Gardiner, the celebrated New South Wales bushranger, has gone north, and doubtless he is on for a 'little game' after the free and easy fashion he adopted in the neighbouring colony. Of course, in the face of so many conflicting reports as are circulated in New South Wales and Victoria, in connection with this notorious character, I do not expect that universal credit will be given to the statement here made; nevertheless, I place it against all the reports of Frank Gardiner's death and secret departure to foreign parts. Frank Gardiner has been in Queensland for the past ten mouths at least. He has moved about Brisbane occasionally in the most open manner and with perfect nonchalance. He has been amongst the police, and has not been recognised though they have one photograph at least of him in their possession. I have seen the photograph and I have seen the original, so I am in a position to speak with certainty. I have also read the description of him in the Hue and Cry and Police Gazette. There is this much to be said in excuse of the police, that Gardiner is such an adept at disguising himself (making-up in the theatrical phrase) that he, will introduce himself to a man at any time and meet him again in an hour afterwards so changed as to defy recognition. He has appeared like a local preacher with suit of seedy black, white cravat and spectacles; as a rollicking squatter in loudest modern attire; and as a rough bushman and stockrider, Crimean shirt, tights, long boots and dirty felt hat or cabbage tree. But it is not by his clothes alone that he disguises himself, he understands how to change his complexion and his hair moustache and beard. It appears that he is prepared to challenge detection by his late mates, except, perhaps Gilbert, with whom he had a difference before leaving New South Wales. Gilbert is talkative and indiscreet, while Gardiner is close, or as the phrase goes, 'dark' to his companions. As an instance of the capers Gardiner has been up to here, I may mention that a well-known courtesan called Madeline Smith (said to be the lady of Glasgow notoriety) was brought before the police court some time ago, and while in the dock a man was leaning over the back of it, and suggesting to her what to say to the bench. The attendant constable turned him away from the dock telling him that nobody must interfere with the accused. He apologised laughingly, and remained in court; and afterwards (I am assured) became bail for her. That man was Frank Gardiner! Again, he opened an account in one of the city banks. There is a woman here of whom I have before written, a Mrs. Winch, who has been in gaol two or three times and first for killing her husband with a pair of scissors at Rockhampton, she was for a short time a favored friend of Gardiner. Whether or not they are together now, I do not know. As the lady belongs to the north; they may be. Some time ago there were paragraphs in the Brisbane papers; setting forth that one of the men concerned in the terrible escort robbery in New South Wales was up here in the service of a member of the Legislature, who is a large squatter. I have been told since that the man referred to was Chartres, the Queen's evidence at the trial of Bow and others who were convicted at Sydney, I have also heard that another man in whose house the bushrangers often lived in the vicinity of Burrangong has honored Queensland with his presence."
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| Dramatised Illustration of Gardiner's arrest at Apis Creek QLD, 1864. F. Cubitt. |
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| BALCLUTHA; Iron passenger steamship built by Caird & Co., Greenock Scotland. Lost with all hands in 1881. Courtesy State Library of Qld. |
Nine months rolled away and no outward interruption of the quiet course of their lives occurred to this couple, whom it would be the cruellest of satires to term a happy pair. No outward interruptions, indeed; but it cannot be supposed that that silent monitor within, which when tainted with guilt, makes cowards of us all, failed to remind Gardiner of the dark deeds of former days, or Mrs. Brown, of the wedded bliss she had sacrificed. Secluded though they fancied themselves, it is not impossible that there were moments when Gardiner would gladly have given ten times the value of his ill-gotten booty, if he therewith could have purchased the proud position of which mention is made by the poet, who declared an " honest man to be the noblest work of God." This nine months' quiet was, however, but the unnatural calm which frequently precedes the destructive gale A storm was brewing which was to dissipate Mr Frank Gardiner's projects, both legal and illegal and which will probably culminate in his ignominious death. By some means, at present unknown information reached the Sydney detective police office that Gardiner was to be found on the Apis Creek road, no particular spot being named. Acting on this slender thread, Detectives Mc Glone, Pye and mounted-policeman Wells arrived per Balclutha on the 11th February, disguised as diggers, but could not at once proceed on account of the flooded state of the river.
With the Fitzroy river in flood at Rockhampton Daniel McGlone, James Pye and George Wells went about procuring equipment for the task of passing themselves as diggers. After some weeks held-up the trio commenced their trek to the Peak Downs with the pack horse loaded with their supplies. However, all was not kosha between the men and a disagreement bordering on mutiny arose between Pye, Wells and McGlone, who had refused to divulge the purpose of their expedition. Indignant at not being taken into McGlone's confidence Pye and Wells declined to proceed unless fully informed of their task. Unhappy, McGlone relented and presented a picture of their quarry Frank Gardiner who McGlone stated that through certain information Gardiner was believed to be about Peak Downs. In 1915 aged seventy-three George Wells decided to set the record straight regarding the facts of Gardiner's arrest and highlight the little McGlone played in the affair. George Wells had joined the NSW police in October 1863, promoted to constable on 1st February 1864. For Wells and Pye's efforts in securing Gardiner they both received from the Police Reward Fund, £15, noted as extra for the arrest of Gardiner. Not a share of the reputed £500 on offer. The full £500 was reputedly awarded without publicity. Wells retired in 1903 after a distinguished career on a pension of 8 shillings a day.
"I shall now confine my report to the simple facts of the arrest at Appis Creek, where Gardiner, under the name of Frank Christie, was carrying on the business of storekeeping, and was associated with a man named Creig; who attended to a public house, both store and pub, being under one roof of bark and slab, evidently erected hurriedly dining the 'rush' at the Peak diggings, to which place numbers of miners on that road travelled from Rockhampton. Early in February, 1864, the late Capt. McLerie organised our party, consisting of Daniel McGlone, James Pye, and myself, McGlone being in charge. We left Sydney by steamer for Rockhampton, which was then in a state of flood. Upon our arrival there, we found it impossible to proceed on foot as diggers (the character we had assumed) for weeks: Meantime we obtained a pack-horse, tent, and necessary supplies, and when the Fitzroy River was crossable we started out; not, however without some unpleasantness for McGlone, who refused to divulge to us the object of our expedition, until Pye and I refused to cross the river unless he did so. Seeing our determination, he produced a photo of Gardiner, and said he had certain Information that he was supposed to be in the direction, of the Peak Downs; and that we were to arrest him if possible, but not without his (McGlone's) instructions. We then proceeded with a pack-horse as diggers, via Yamba, and after a week's journey we arrived at Appis Creek, and pitched our tents about 6 p.m. at a spot from which we could see the store and public house before described, which was about 700 yards distant from our camp, on the opposite side.
We three then had a conversation as to what should be done, in the event of Gardiner being located there to secure his arrest. McGlone suggested that Pye and I should go to the store and purchase some goods, leaving some of them to be called for next morning, meantime to note particulars of the buildings and all persons there, if possible avoiding any suspicion. McGlone to remain at the tent and pretend to be suffering badly from dysentery. About 7:30 p.m.that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie.
When we had purchased a few things Pye asked for 1-cwt. of flour; this she could not supply herself, and she then called "Frank," who had not made his appearance up to then, but who doubtless had been listening to us and watching from his bedroom, from which a door opened to the back of the counter in the store. After a minute or more he made his appearance at the door where he stood for a short time speaking to us, inquiring where we came from etc. We told him that we were delayed on the road from Rockhampton owing to our mate being very bad with dysentery, that he was unable to travel, and was then lying in our tent. Gardiner then quite coolly supplied the flour, which we arranged to call for in the morning. Pye paid for the goods and asked if we could get some sago and burnt, brandy for our mate in the tent. Gardiner at once asked Mrs. Brown to make the sago, and invited us to come into the bar to have a drink, after which, Mrs. Brown brought in the sago warm.
While talking at the bar about different diggings we had been on Gardiner very kindly burnt some brandy and put it into the sago for our mate. All this time Gardiner stood under a lamp with a shade that was hanging over the bar, which threw the light on his face, upon which could be seen the distinct marks on his forehead that had been caused by the whip used by Sergeant Middleton, at Fogg's, when he and Constable Hosie arrested Gardiner after a great struggle, and when Peisley his confederate, rescued him from Hosie's custody. After chatting with Gardiner for some considerable time, and satisfying ourselves that he was the man we wanted, we thanked him and said we would call for our goods next morning, and then went back to the tent and reported progress to McGlone.
After explaining the situation of the place, etc. as above stated, and also that we had seen two rifles, which we afterwards found to be loaded, standing underneath the lower shelves of the store behind the counter, close to where Gardiner would approach from his bedroom to the store, McGlone immediately said that if Gardiner was behind the counter of the store when we called in the morning for our flour, etc., we were not to attempt to arrest him until some more favourable opportunity offered and to pass on as diggers to the Peak Downs. These instructions, of course, caused Pye and myself to rebel, and made matters unpleasant. We two then retired to the side of the creek to decide what should be done in the morning. Pye said to me "What are you going to do?- I'm not going a foot further if we don't intend to arrest when we have the chance, as it may leak out that detectives from New South Wales are about here and our game will be a failure."
I quite agreed with Pye; adding that we would only return disgraced, if after seeing Gardiner we were afraid to arrest him. Pye then said: "Very well, you and I for it; if Gardiner is behind the counter when we go into the store to get our goods, one of us, the neatest to him, will seize him fast, and the other handcuff him and tie his legs; and, look out for sharpshooters." There were four other men on the premises.
We returned to the tent, but said nothing to McGlone as to our decision in the morning, only that we would strike camp early, and have the horse packed by sunrise to start. Meantime it was arranged that McGlone would secure the assistance of Lieut Brown, with his native police, they being in the locality, to be at the hotel and store in the morning, in the event of an arrest being made to assist in escorting the prisoner to Rockhampton. This being arranged we left the camp next morning at sunrise for the store, Pye leading the pack horse and I close behind him, both of us being armed with repeater revolvers.
When we crossed Appis Creek and were approaching the store we saw two men splitting shingles about fifty yards from the store, on the opposite side of the road and Gardiner standing talking to them. Pye, in a low tone of voice said to me: "Look out; let us cut him off the store," for Gardiner was walking toward the store to meet us. Pye led the pack horse close to the store door, and I seeing a kangaroo dog lying on the ground on Gardiner's path to the store, said: "Good morning," and pointing to the dog added, "that is a fine dog," at the same time calling Pye's attention to it. That was the office for arrest. Gardiner was then about five yards from the store door, and Pye stepped back towards him: I instantly put my revolver to Gardiner's face, calling upon him to stand, upon which he was taken so much by surprise that he stepped back towards Pye, who quickly threw his arm around Gardiner's neck, and put his knee to his back, and in a moment the ex-bushranger was on his back. I then snapped the handcuffs on to him and tied his legs with a piece of rope that I had prepared in my loose shirt. Meantime the two men that were splitting ran across to Gardiner's assistance. Craig, also rushed from his hotel door with Mrs, Brown, who was making towards the store screaming. But being covered with our revolvers, and being told that we were police, they all stood back.
McGlone, who had stayed back until then, rushed up in a most excited state and, falling down upon Gardiner, placed a second pair of handcuffs upon him. Lieut. Brown with his black police, then appeared on the scene, and the latter were off their horses instantly, and surrounded the place to prevent escape.
Lieut. Brown, seeing McGlone in such a state of excitement, walked over to where Gardiner was sitting on the ground, and asked Pye if McGlone had been drinking; and when told that he did not drink, Lieut. Brown remarked: "If he don't drink, he must be mad, for I never saw any man so excited without some cause."
After Gardiner had sat up he asked for a drink of water and begged to have the handcuffs taken off. This being refused he commenced pleading his innocence to the charges he was arrested upon. However, it, was arranged to remove him to Mr. McKeller's (McLennan's) station, about two miles distant, with four others— Craig, the two splitters and the man cook— who were arrested on suspicion. The whole of the prisoners were then marched to Mr. McKellar s station, where they were placed in room, under my charge, Gardiner being secured in a room separately.
I had four black police to assist in guarding them that night, until Lieut. Brown, McGlone and Pye returned from the store and hotel, after taking an inventory of all property, gold, money, etc., found on the premises.
Next day the prisoners were escorted to Yamba and thence to Rockhampton. Mrs. Brown accompanied the escort, and showed great courage in swimming her horse over the Yamba River, which was flooded at that time; and she followed us from Rockhampton to Brisbane, thence to Sydney, trying at every opportunity to bribe me and others with money to get Gardiner's liberty before reaching Sydney. She nearly succeeded in securing his escape at Brisbane owing to McGlone's blunder in not taking Gardiner direct to Sydney from Rockhampton from which town he was remanded."
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| James Pye left & George Wells. c. 1864. |
"I shall now confine my report to the simple facts of the arrest at Appis Creek, where Gardiner, under the name of Frank Christie, was carrying on the business of storekeeping, and was associated with a man named Creig; who attended to a public house, both store and pub, being under one roof of bark and slab, evidently erected hurriedly dining the 'rush' at the Peak diggings, to which place numbers of miners on that road travelled from Rockhampton. Early in February, 1864, the late Capt. McLerie organised our party, consisting of Daniel McGlone, James Pye, and myself, McGlone being in charge. We left Sydney by steamer for Rockhampton, which was then in a state of flood. Upon our arrival there, we found it impossible to proceed on foot as diggers (the character we had assumed) for weeks: Meantime we obtained a pack-horse, tent, and necessary supplies, and when the Fitzroy River was crossable we started out; not, however without some unpleasantness for McGlone, who refused to divulge to us the object of our expedition, until Pye and I refused to cross the river unless he did so. Seeing our determination, he produced a photo of Gardiner, and said he had certain Information that he was supposed to be in the direction, of the Peak Downs; and that we were to arrest him if possible, but not without his (McGlone's) instructions. We then proceeded with a pack-horse as diggers, via Yamba, and after a week's journey we arrived at Appis Creek, and pitched our tents about 6 p.m. at a spot from which we could see the store and public house before described, which was about 700 yards distant from our camp, on the opposite side.
We three then had a conversation as to what should be done, in the event of Gardiner being located there to secure his arrest. McGlone suggested that Pye and I should go to the store and purchase some goods, leaving some of them to be called for next morning, meantime to note particulars of the buildings and all persons there, if possible avoiding any suspicion. McGlone to remain at the tent and pretend to be suffering badly from dysentery. About 7:30 p.m.that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie.
When we had purchased a few things Pye asked for 1-cwt. of flour; this she could not supply herself, and she then called "Frank," who had not made his appearance up to then, but who doubtless had been listening to us and watching from his bedroom, from which a door opened to the back of the counter in the store. After a minute or more he made his appearance at the door where he stood for a short time speaking to us, inquiring where we came from etc. We told him that we were delayed on the road from Rockhampton owing to our mate being very bad with dysentery, that he was unable to travel, and was then lying in our tent. Gardiner then quite coolly supplied the flour, which we arranged to call for in the morning. Pye paid for the goods and asked if we could get some sago and burnt, brandy for our mate in the tent. Gardiner at once asked Mrs. Brown to make the sago, and invited us to come into the bar to have a drink, after which, Mrs. Brown brought in the sago warm.
While talking at the bar about different diggings we had been on Gardiner very kindly burnt some brandy and put it into the sago for our mate. All this time Gardiner stood under a lamp with a shade that was hanging over the bar, which threw the light on his face, upon which could be seen the distinct marks on his forehead that had been caused by the whip used by Sergeant Middleton, at Fogg's, when he and Constable Hosie arrested Gardiner after a great struggle, and when Peisley his confederate, rescued him from Hosie's custody. After chatting with Gardiner for some considerable time, and satisfying ourselves that he was the man we wanted, we thanked him and said we would call for our goods next morning, and then went back to the tent and reported progress to McGlone.
After explaining the situation of the place, etc. as above stated, and also that we had seen two rifles, which we afterwards found to be loaded, standing underneath the lower shelves of the store behind the counter, close to where Gardiner would approach from his bedroom to the store, McGlone immediately said that if Gardiner was behind the counter of the store when we called in the morning for our flour, etc., we were not to attempt to arrest him until some more favourable opportunity offered and to pass on as diggers to the Peak Downs. These instructions, of course, caused Pye and myself to rebel, and made matters unpleasant. We two then retired to the side of the creek to decide what should be done in the morning. Pye said to me "What are you going to do?- I'm not going a foot further if we don't intend to arrest when we have the chance, as it may leak out that detectives from New South Wales are about here and our game will be a failure."
I quite agreed with Pye; adding that we would only return disgraced, if after seeing Gardiner we were afraid to arrest him. Pye then said: "Very well, you and I for it; if Gardiner is behind the counter when we go into the store to get our goods, one of us, the neatest to him, will seize him fast, and the other handcuff him and tie his legs; and, look out for sharpshooters." There were four other men on the premises.
We returned to the tent, but said nothing to McGlone as to our decision in the morning, only that we would strike camp early, and have the horse packed by sunrise to start. Meantime it was arranged that McGlone would secure the assistance of Lieut Brown, with his native police, they being in the locality, to be at the hotel and store in the morning, in the event of an arrest being made to assist in escorting the prisoner to Rockhampton. This being arranged we left the camp next morning at sunrise for the store, Pye leading the pack horse and I close behind him, both of us being armed with repeater revolvers.
When we crossed Appis Creek and were approaching the store we saw two men splitting shingles about fifty yards from the store, on the opposite side of the road and Gardiner standing talking to them. Pye, in a low tone of voice said to me: "Look out; let us cut him off the store," for Gardiner was walking toward the store to meet us. Pye led the pack horse close to the store door, and I seeing a kangaroo dog lying on the ground on Gardiner's path to the store, said: "Good morning," and pointing to the dog added, "that is a fine dog," at the same time calling Pye's attention to it. That was the office for arrest. Gardiner was then about five yards from the store door, and Pye stepped back towards him: I instantly put my revolver to Gardiner's face, calling upon him to stand, upon which he was taken so much by surprise that he stepped back towards Pye, who quickly threw his arm around Gardiner's neck, and put his knee to his back, and in a moment the ex-bushranger was on his back. I then snapped the handcuffs on to him and tied his legs with a piece of rope that I had prepared in my loose shirt. Meantime the two men that were splitting ran across to Gardiner's assistance. Craig, also rushed from his hotel door with Mrs, Brown, who was making towards the store screaming. But being covered with our revolvers, and being told that we were police, they all stood back.
McGlone, who had stayed back until then, rushed up in a most excited state and, falling down upon Gardiner, placed a second pair of handcuffs upon him. Lieut. Brown with his black police, then appeared on the scene, and the latter were off their horses instantly, and surrounded the place to prevent escape.
Lieut. Brown, seeing McGlone in such a state of excitement, walked over to where Gardiner was sitting on the ground, and asked Pye if McGlone had been drinking; and when told that he did not drink, Lieut. Brown remarked: "If he don't drink, he must be mad, for I never saw any man so excited without some cause."
After Gardiner had sat up he asked for a drink of water and begged to have the handcuffs taken off. This being refused he commenced pleading his innocence to the charges he was arrested upon. However, it, was arranged to remove him to Mr. McKeller's (McLennan's) station, about two miles distant, with four others— Craig, the two splitters and the man cook— who were arrested on suspicion. The whole of the prisoners were then marched to Mr. McKellar s station, where they were placed in room, under my charge, Gardiner being secured in a room separately.
I had four black police to assist in guarding them that night, until Lieut. Brown, McGlone and Pye returned from the store and hotel, after taking an inventory of all property, gold, money, etc., found on the premises.
Next day the prisoners were escorted to Yamba and thence to Rockhampton. Mrs. Brown accompanied the escort, and showed great courage in swimming her horse over the Yamba River, which was flooded at that time; and she followed us from Rockhampton to Brisbane, thence to Sydney, trying at every opportunity to bribe me and others with money to get Gardiner's liberty before reaching Sydney. She nearly succeeded in securing his escape at Brisbane owing to McGlone's blunder in not taking Gardiner direct to Sydney from Rockhampton from which town he was remanded."
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| Roderick McLennan c. 1880's. Courtesy NLA. |
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| An axe grindstone of the type at Gardiner's store, c. 1864 |
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| Reputed to be the remains of Fogg's hut. c. 1930's. |
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| Rockhampton c. 1900 |
The full text of the examination of Frank Gardiner, Achibald Craig and Catherine can be accessed via the link attached;
As Gardiner was held in Gaol, Catherine would make every effort to hinder McGlone, even attempting to procure a horse for escape.
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| Craig's death certificate. B.D.M. |
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| Artist's impression of Catherine Browne at the time of Gardiner's trial. |
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| East St, Rockhampton looking South c. 1866 |
As Gardiner and Craig sat in Rockhampton Gaol some of the guards standing over the celebrated bushranger took the opportunity to profit from their luck and allowed eager spectators to view the bushranger;[sic] "some of the gaol authorities have been guilty of very reprehensible conduct in admitting a miscellaneous crowd of eager spectators to gaze on the unfortunate prisoners, as if they were wild beasts; thereby aggravating the misery of their situation in a tenfold degree." From Rockhampton, Gardiner was transported to Brisbane and Detective McGlone cabled a jubilant Captain M'Lerie; The following telegram was received by the Inspector-General of Police from detective McGlone: — "Brisbane, March 13th."— "I have arrived here with Francis Christie, alias Clarke, alias Gardiner. I have no doubt but he is the man. I arrested him on the 3rd instant at Apis Creek. He corresponds erectly with his description in the Police Gazette and his portrait. Mrs. Brown is with him, and there is no doubt about her identity. She is coming with us, but not in custody. She will follow her paramour. She and Frank Gardiner's partner were arrested by me, but were discharged by the Rockhampton bench. I shall arrive with Gardiner safe in Sydney about Saturday. I left Rockhampton on the 10th, and arrived here to-day at noon. Gardiner is lodged safe in the gaol here. No steamer here for Sydney yet, but one is expected. Will let you know when I leave for Sydney, If Richards is required to identify Gardiner, he is making lemonade on the Wentworth diggings. The black horse 'Racer'—branded B in circle with DS&R over, near shoulder, star—is now in Rockhampton in charge of the Police, and will be forwarded per Belcutha (s.), which will leave on Monday, 14th. Please look out for him. This horse is supposed to be the properly of Mr. Peter Beveridge, J.P, Swan Hill, Victoria."⁵⁰ The man Richards was at Maguire's during the pre-planning of the Eugowra hold-up 1862 and a key witness along with Charters during the subsequent Escort trials of February 1863. However, Richards failed to gain a part of the Escort reward money.
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| The Brisbane Courier, 28th February 1865. Courtesy NLA. |
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| Port Of Brisbane c. 1860/70's |
'Goulburn Herald' Wednesday 23rd March 1864 reported Gardiner's arrival in Sydney;- "The Telegraph, a 700 tons, Iron paddle steamer under command of Captain Coote, arrived from Brisbane 10th instant, with 10 passengers, and Francis Christie (alias Clarke, alias Gardiner), and P. Falkenberg, as prisoners. While on his journey from Queensland Gardiner was cheerful and some what communicative; but it would not be just to retail any of his conversations. It appears, however, that the unfortunate and misguided man has not much hope of his life being spared. On Saturday, the police-magistrate took the evidence at the watch-house of the D division, Darlinghurst, in the presence of Francis Christie alis Gardiner alias Clarke. The prisoner was then remanded for one week (until next Saturday), and removed to Darlinghurst gaol. During the proceedings, and indeed since his arrest; Gardiner has conducted himself with the greatest propriety. There is an absence of anything like bravado in his deportment, which is rather remarkable in a man of his character."
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| W.B. Dalley 1831-1888. |
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| Sir Alfred Stephen (1802-1894) |
Again, they state that Mr Hewett was thirty yards in the rear of the cart, whereas, on the contrary, he was thirty yards in advance of the cart. Again, it was I who told them to bail up, using no other words nor threats, and at the same time Mr Hewett received a similar order from the four men. While I was directing Mr. Horsington where to turn off into the bush, a shot went off from one of the four men, caused through the restlessness of his horse. I at the time was within two or three yards of Mr. Horsington and his wife I immediately turned round and asked, who fired that shot? McGuiness made an answer and said "I did, but it was purely accidental," upon which I replied, that as soon as he had his share of the spoil that he should leave the party, which he did that night. The man McGuiness, who was thirty yards away from me, amongst the rest of the party, distinctly heard my question, as to who fired. I also heard his reply, and yet Mr Horsington, his wife, and boy, who are only a yard or so from me, positively swear that they heard nothing of this conversation.
Again, on a former occasion, Mr, Horsington, his wife, the boy, and Mr Hewett positively swear as to the identity of the man Downey, as to his being of the party, now, I sincerely and solemnly assert that this man was not of my party on this or any other occasion. While Downey was in custody for the alleged offence I wrote to the Burrangong Miner, acknowledging that I was the man, and that he was perfectly innocent.
Again, Mr Horsington and his party assert that the robbery took place on the 10th of March, while it really did not take place until some five or six weeks afterwards, so that if I had been inclined to stand my trial I might have been enabled to prove an aliby, this, as your Honour will see, is not written with a view to escape punishment, for, on the contrary, it criminates myself, but as there are only two left of the party-myself and another man, who is at present undergoing a sentence of fifteen years (John Davis)-I feel that in writing this I am in injuring no one except myself, and my only desire has been to point out the inconsistency of the evidence on the part of the various witnesses, so that, had I not pleaded guilty to this charge, I might probably have escaped; so contradictory is their evidence, that a verdict in my favour might have been the result.
If I may be permitted in praying for a merciful consideration of my case, I beg to say that it is not alone on the above grounds that I do so, for during the last two years I have seen the errors of my way, and have endeavoured, with God's assistance, to lead an honest and upright life, for I have even during this time had temptations, and those great ones, for I was on one occasion entrusted for some time with the first Escort of gold that arrived from the Peak Downs, consisting of 700 ounces, again, Mr Manton, whom I beg to refer to, a gentleman connected with the copper mills, entrusted to my care 264 ounces of gold, and, lastly, Mr Veal did the same with 200 ounces;- yet the honest resolutions I had formed were sufficiently strong to prevent me doing a dishonest action on either of these opportunities. And I do trust your Honour will do me the justice to believe that these were not isolated cases, or that I would have ever again have fallen into those practices which I have felt for a long time past in my breast to be a stain against God and man.
And now, your Honour, as we must sit on the last and great day of judgment throw ourselves upon the mercy of the great Judge of all our actions, so do I now throw myself upon your mercy as my earthly judge, and pray for a lenient and merciful consideration of my case.
I am, your Honour, your humble servant,
FRANCIS CHRISTIE⁵⁴
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| Courtroom scene depicting Gardiner's Trial |
The Judge expressed a doubt as to the genuineness of the prisoner's repentance and delivered the following sentences:op.cit — fifteen years’ hard labour for wounding the two constables, ten years for the robbery from Horsington, and seven years for the robbery from Hewett—a total of thirty-two years! Outrage was sweeping through Sydney as the newspaper correspondents assessed the failure of the twelve strong and true jurors in a finding at the first trial where with all of Gardiner's villainy he had escaped the gallows; 'South Australian Register' Tuesday 7th June 1864- "a Jury of twelve 'honest men,' sworn to do justice, have, in the face of the clearest evidence of the notorious bushranger’s guilt, bravely acquitted him. Gardiner is a lucky fellow. He succeeded for many months in evading the most active efforts of the New South Wales police to apprehend him. He has shown himself to be the most impudent and desperate of all the heroes of the Claude Duval style which have yet appeared in these colonies; and yet, though his exploits were chronicled in the newspapers week by week, he set at complete defiance all attempts to take him. Sometimes he was hard enough run, and for his safety had occasionally to fire upon his would-be captors, but he always managed to escape somehow, until at last he was run to earth and cleverly captured. Even when he was secured the police were obliged to hurry him away to Sydney, so strongly was the tide of public opinion and feeling setting in his favour.
The general public had thought they had heard and seen the last of Frank Christie/Gardiner now secured for 32yrs. Especially as the remnants of his old gang—Hall, Gilbert, Dunleavy, Mount and newcomer Dunn were still the scourge of the peaceful settlers of the Forbes, Bathurst and Goulburn districts. Where even more brazen raids, robberies, arson, murder and kidnapping were to come. But amongst all this activity from his former bandito friends, Frank Gardiner had a curiously active and sympathetic circle of admirers even hero worshippers. Foremost amongst these were his three devoted sisters Robina, Archina and Charlotte, who continuously strove for his release through petitions and political influence. Gardiner also had ample funds secreted from the proceeds of his robberies to help stimulate agitation by the circulation of favourable pamphlets and other means. Furthermore, in 1874 a monster petition for a pardon was presented to the Governor, Sir Hercules Robinson (afterwards Lord Rosemead). It was led by Colonial Secretary Sir Henry Parkes and signed by Ministers of the Crown, members of Parliament, magistrates, lawyers, doctors, merchants, and other notable citizens. The pressure was so presto that in exercising his prerogative, the Governor decided that Gardiner should be released on the expiration of ten years of his sentence in July 1874. The country people, remembering his misdeeds protested vigorously, as well as the original sentencing Chief Justice. The possibility caused outrage, and the question was made the subject of a long and heated debate in Parliament.
For full text of the above article see link below;
https://trove.nla.gov.au/newspaper/article/159524823?searchTerm=a%20Jury%20of%20twelve%20%27honest%20men%2C%27%20sworn%20to%20do%20justice%2C%20have%2C%20in%20the%20face%20of%20the%20clearest%20evidence%20of%20the%20notorious%20bushranger%E2%80%99s%20guilt%2C%20bravely%20acquitted%20him&searchLimits= |
| Sir Hercules Robinson (1824-1897) |
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| Francis Christie alias Frank Gardiner Darlinghurst Gaol entry record. Note: Born in Colony is incorrect. |
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| Darlinghurst Gaol from Burton Street 1870. |
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| Sir Henry Parkes. (1815-1896) |
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| William Arnold. Speaker of the House. (1819-1875) |
Nevertheless, with Frank's 1864 sentencing, Catherine was devastated by the incarceration and length of her Frank's punishment. Catherine held on to the belief that they would be re-joined somehow and indeed reunited they would be. Therefore, she set about plans for their reunification in late 1864. The power of greed is a wonderful thing, and as such Catherine was able to corrupt a prison warden to help expedite their escape plans. However, the ability to keep those plans confidential was an uphill battle where Frank Gardiner was concerned. Before long rumours circulated of an attempt to escape. The authorities observed Frank. Nevertheless, the attempt had Frank resorted to his old habits of feigning illness that required hospitalisation. Once more a reported heart condition. Unfortunately, it was thwarted by a fellow inmate who had got wind of the attempt involving a corrupt warder. The canary squealed and named the guard; 'The Newcastle Chronicle and Hunter River District News', Saturday, 7th January, 1865; Gardiner, the Bushranger. — It was recently stated that a discovery had been made of Gardiner's intended escape from Darlinghurst Gaol, by bribing a warder to help him. The Sydney correspondent of the Goulburn Herald thus narrates the affair:—"Mr. Francis Gardiner, ex-bushranger-general, is neither dead nor dying. Since his conviction many persons have said he would never die in prison if he could make his escape; but the clever scoundrel's apparent good conduct in Darlinghurst gaol appeared to be a complete refutation of all such insinuations. Had he not made important revelations to the Government respecting bushranging and bushrangers? Was he not suffering from a deep-seated disease of the heart? Even the gaol surgeon was so completely deceived, and sympathisingly sent Gardiner to the hospital, ordering him to be supplied with the usual medical comforts. During the recent disturbances Gardiner's conduct showed so marked a contrast to that of the mutinous scoundrels who kept the unfortunate warders constantly on the qui vive, that he humbugged the gaol officials as successfully as an English ticket-of-leave-man I read of some time ago, who, when giving advice to a notorious housebreaker as to the easiest means of getting a ticket-of-leave, said, “be sure to have the chaplain visit you as often as possible; and on every occasion turn up the white of your eyes.” Gardiner adopted tactics something similar. A few days ago, when a fellow-prisoner informed the gaoler that Frank Gardiner was about to escape, the story found little credence; but the informer backed up his story by naming a warder with whom Gardiner was said to have made arrangements for escaping. The warder was watched, and on his attempting to leave the prison he was arrested and searched when fortunately for the public, but unfortunately for Gardiner and his friends, documents were discovered, one of which showed that the next night the former expected to be without the prison walls, and wished his friends to meet him at ten p.m., naming the rendezvous; and the other was a promissory note or order for £300 for serves rendered by the bearer. It is needless to say that the Warder's future services have been dispensed with, and that Gardiner's future security will be more closely attended to. Meantime he has been initiated into the art and mystery of matmaking."⁵⁶
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| View from Brown St, Newcastle of Newcastle Harbour. c. 1870's. Courtesy Newcastle University. |
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| Dramatised Illustration of Catherine, on hearing of no visits to her Frank. Courtesy NLA. |
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| Catherine's death. New Zealand Herald 1st February 1868. |
Brown of Wheogo—lived in a square tent, about 14ft by 12ft, very nicely arranged, and differing much from the ordinary run of tents to be found on a goldfield. The pair did not agree well, Taylor apparently always quarrelling with, his wife; About 5 o'clock one morning the little camp on Tapu Creek was startled from its sweet repose by the report of a pistol shot from Brown's tent. Mr Turner and his brother rushed to see the cause.
Outside the little reed fence surrounding the tent-Taylor was grovelling on the ground, tearing up the grass with his hands, at the same time crying out, "I have shot my wife! I've murdered her! hang me; lynch me!" and many other such expressions. In the door of the tent Mrs. Brown was lying (on the ground) face downwards, apparently dead, a large quantity of blood was running from her mouth, and a small revolver was on the ground alongside of her.
A number of diggers and others soon appeared upon the scene, among them Mr Bailey, the warden of the goldfields, who happened to be at Tapu Creek at the time. On raising Mrs Brown, the unfortunate woman was still living, a stimulant was poured down her throat, which revived her sufficiently to enable her to state what had occurred. Her tongue was so injured that she was unable to speak so as to be heard. Mr Bailey obtained a slate and then asked questions. Having written the question, the warden would put his ear to the woman's mouth and could just distinguish her answer, the reply being at once written on the slate. She said that Taylor had made her life miserable and a burden to her, and had so constantly ill-used her that she determined to end her misery by suicide.
On that particular morning Taylor had been more than usually brutal, so she got hold of the revolver—a gift from Frank Gardiner—and fired it into her mouth. All the time the wretched woman was explaining the circumstances Taylor was outside, raving and behaving like a maniac, and as soon as Mrs Brown's confession was made known, Taylor received a gentle hint to clear out, and he lost no time in doing so. What became of him Mr Turner knows not, as he never saw him afterwards. Mrs Brown was taken to the Coromandel Hospital, where she lingered 16 days, mortification having set in. At the inquest the verdict was suicide but many believed that Taylor had fired the shot and that she made the statement to save him from the gallows. The bullet had cut through the tongue and lodged in one of the bones of the neck. The revolver was a very small one, silver mounted, and had the name 'Frank Gardiner' scratched on the stock. Mr Turner afterwards saw the weapon with Mr Bailey, in Fiji. It seems strange that Gardiner should have started business at Apis Creek in his real name (Francis Christie) as he did, and that he should keep about his house a revolver with his 'bushcognomen,' Frank Gardiner, on it. (See note below of her exonerating Richard Taylor in her suicide attempt and ultimate death. Turner mistakenly referred to Taylor as Brown. However, his account is quite good for detail. Catherine is also noted as spelling her name with a K.)
However, for Frank Gardiner, his arrival in San Francisco was not the first by former criminals from the shores of Australia. Before the acclaimed bushranger set up shop on the Barbary Coast. Those previous Australian convicts known notoriously as the 'Sydney Ducks' started appearing in the 1850s with the Barbary Coast then known as Sydney Town. The Duck's set up shady hotels and establishments by the dozen, enticing the wealthy citizens to a night of debauchery and refreshment many of whom were subsequently beaten up and robbed. As the Darkie prepared his new digs in America, the famous bushranger gave an interviewed to a newspaper the "Daily Alta California" on 17th February 1875; "A reporter of the Chronicle gives an interview with one Frank Gardiner, a noted bushranger, who recently arrived here from Australia. After describing his talk with the notorious robber, the reporter, with much ingenuousness, adds: The meeting suggested a great many old Australian reminiscences of bushranging days" Ah! The conversation was re-published in the 'The Sydney Morning Herald' Tuesday 6th April 1875, Titled- THE SUCCESSFUL BUSHRANGER.- (From the Alta California.}- VASQUEZ, the King of California bandits, pales into insignificance when compared to Frank Gardiner the great Australian bushranger. He arrived here a few weeks ago, having been pardoned by Sir Hercules Robinson, the Governor of New South Wales, after serving ten years of the thirty-two years allotted to him. The colonial papers have been full of discussion on the matter of the Governor's clemency, but the majority have decided that justice was fully vindicated by the ten years confinement, and lost none of its potency because it was tempered with mercy. A Chronicle reporter interviewed Gardiner yesterday and found him to be a man of apparently forty, five years of age, with a full, round, English face jet-black beard and moustache, and a quiet demeanour which sensationalists would hardly associate with the exploits of the great Australian Dick Turpin. The meeting suggested a great many old Australian reminiscences of bushranging days when the name of Gardiner figured in every day's paper in connection with some deed of a daring robbery.
Perhaps of all bushrangers, Gardiner was the most successful and the most popular. A magnificent horseman, a brave man, it seems wonderful how he could have selected such a mode of existence, and voluntarily relinquished it when his chances were the best. No crime of murder could be imputed to him, and it was proved at his trial that his personal influence over his associates-prevented bloodshed. Very influential men, who were witnesses to his exemplary conduct during his long ten years' confinement in Darlinghurst Gaol, Sydney, used their influence to effect his release, which was accomplished by the intervention of the Governor, Sir H. Robinson. The latter has been severely censured for his clemency by the Legislature, and, according to the news by last mail, the discussion still rages. The Chronicle reporter put a few questions to Gardiner in reference to HIS FUTURE INTENTIONS.
He said, "I mean to do all I can toward earning an honest livelihood. Although I am debarred from returning to Australia, I had the good wishes of three-fourths of the people there."
Reporter: Why was that?
Gardiner: Because I never committed any murder: because I have given away more than half my day's earnings on the road to poor travellers, and because I never robbed a poor man in my life.
Reporter: Why did you commence such career?
Gardiner: From want of suitable, employment. Young men can find no employment in the country districts except herding sheep or stock-riding. The latter occupation leads to horse-stealing simply because you become wholly engrossed in horseflesh, and the crime is so easily committed that you do not think of the consequences. Horse-stealing and horse "sojering" are of everyday occurrence in certain parts of the country.
Rep.: But what made you rob the mails?
Gardiner: I do not know; I was young at the time and spent my money as quickly as I got it. I thought it an easy life for a while, but I afterwards changed my mind, and resolved at all hazards to lead a good life, and when I relinquished bushranging and went to Apis Creek, where I was apprehended, I never dreamt but what I might die there of a good, honourable old age. I was known there as Frank Christie and many thousands of pounds have been entrusted to my custody. I had a good reputation far and wide, and no one knew I was the celebrated Gardiner until my apprehension.
Rep.: Have you a cheerful prospect before you?
Gardiner: Yes; after ten years' confinement I am glad to be free again. I think my Australian reputation was so good; in spite of my crimes, that my record may have reached this country. I am determined to lead an honest life, and I am quite able to fill my part in it creditably. Our reporter wished Mr Gardiner good night and trusted that he would adhere to his good resolution.
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| San Francisco wharves of the Barbary Coast, a short distance from Kearny St where Gardiner would saunter down to await the latest news from Australia. c. 1876 |
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| The Pioche Weekly Record, 21st February 1880. |
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| This Photograph was first highlighted in Edgar Penzig's fine book 'Ben Hall The Definitive Illustrated History' Penzig rightly identifies the man seated centre as James Pye. However, upon further scrutiny and new research the photo is no doubt a celebratory pose in full police uniform of those who captured Frank Gardiner. I believe standing left is Daniel McGlone, seated centre is James Pye and seated right is George Wells. The gentleman standing rear is unknown, but possibly Edmund Fosbery then aged 30, who succeeded Captain McLerie as Inspector-General of Police on his death in October 1874. |
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| New South Wales, Australia, Criminal Court Records, 1830-1945 for Francis Clarke, Supreme Court Registers of Criminal Indictments, 1863-1898 |
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| At Darlinghurst Gaol 1866. |
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| Francis Christie alias Gardiner recorded here with Patsy Daley 1867 at Darlinghurst Gaol. |
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| Gardiner's release along with John Bow and Alex Fordyce 1874. Note as well the Remarks column and Gardiner's tattoos of a female figure and heart in a wreath. These were no doubt inked in Darlinghurst with the female image his love Catherine. (Under Native Place it should read Scotland) |
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| Letter by Frank Gardiner's father Charles referring to the operation of a Sly-Grog shop. 'Port Phillip Gazette' 25th April 1840. |
Geelong Advertiser
Wednesday, 23rd October 1850
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| Francis Christie alias Clarke at Darlinghurst Gaol awaiting trial 1854 |
The Sydney Morning Herald
Tuesday, 21st March 1854
Goulburn Circuit Court
17th March 1854
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| Edward Prior and Francis Clarke at Goulburn Gaol and sentenced 1854. |
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This Police drawing of the haunts of Gardiner was created c. 1862, sent from Capt Zouch to the Inspector-General of Police, it shows the many friends of 'The Darkie' from Bigga to the Wheogo district. It is interesting to see Mrs Ben Hall and her sister, Gardiner's lover Mrs Brown, noted prominently twice in the residence of two suspicious stations.(I have re-inscribed the map to make it more legible)
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An interesting account in the N.S.W. Police Gazette (above) of the belief that Mrs Brown was participating in Highway Robbery with Gardiner.
A newspaper's account (above) of Pottinger's encounter with Gardiner. The newspaper wags of the day in ridicule wrote in August 1862; "Sir Frederick Pottinger met Gardiner, at midnight, on Saturday, at Wheoga, and they were within five or six yards of each other; Sir Frederick Pottinger pulled the trigger of his pistol but it missed fire. Gardiner’s horse swerved and Sir Frederick escaped."
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| This appeared in the newspaper in October 1862, the Wheeo area is near today's Canberra. |
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| Darlinghurst Gaol Mat Making Facility. "on the occasion of our visit we found Gardiner (the bushranger) and other notorious criminals busy making mats, and in an adjoining room, weaving matting was an unfortunate young man who owes his loss of liberty to the temptations of Gardiner and Gilbert. No time seems to be wasted, no conversation permitted, or anything that would divert attention. The store contained piles of matting, mats, and other manufacturers, some of which have since found their way to the Intercolonial Exhibition..." The prisoner alluded to is Patrick Daley. 'Illustrated Sydney News' Friday 16th November 1866. |
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The death of Johnny Walsh, brother of Bridget married to Ben Hall, Ellen married to John Maguire and Katherine married to John Browne & Gardiner's lover was arrested after Pottinger's encounter with Gardiner at Katherine's home died in police custody from Gaol Fever on the 24th March 1863, aged 16.
Empire
23rd January 1864
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| Gardiner's new home Darlinghurst Gaol. A sketch from the Illustrated Sydney News Friday 16th November 1866. 1.-The entrance. 2.-The muster on arrival. 3.-The inquiry office. 4:-Selecting boots 5.-The bookbinding shop. 6.-Interior of a cell. 7. - in church 8.-On night watch-"All's well!" 9.-Prisoners' yard. The bookbinding Shop was where Gardiner lovingly produced the small bible for Catherine as seen below. |
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| 1864 NSW Police Gazette's reference to Gardiner and his escape from Pentridge 1851. The Kiama Independent, and Shoalhaven Advertiser Thursday 8th March 1866 |
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| Mrs Brown's request through Gardiner's sister Robina Hyam's to visit him at Darlinghurst. |
This is a copy of the petition for Gardiner's release by his sisters Archina and Charlotte, who never ceased in their efforts for his eventual release in 1874.
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| The above comment is from the satirical publication 'Melbourne Punch', Thursday 11th June 1874. |
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| Exiled |
Tuesday, 23rd February 1875
The article above is an account of Gardiner's arrival and work in San Francisco.
Geelong Advertiser
Saturday 18th August 1877
The Northern Star
Geelong Advertiser
Saturday 18th August 1877
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| There is some merit in the last lines as to Frank's return to Australia. He was a master of anonymity when required. |
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| From the Newcastle Morning Herald and Miners Advocate Tuesday 6th August 1878. |
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| Report of Gardiner marrying from the Evening News, Monday 1st December 1879. |
Saturday, 14th February 1880
The article above refers to Gardiner's livelihood as a saloon proprietor in San Francisco and his longing to return home. Maybe he did as referred to below? In most instances, a Sunday school superintendent takes the form of a lady!
The Braidwood Dispatch and Mining Journal
Saturday 17th November 1888
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| The McIvor Times and Rodney Advertiser Thursday 14th August 1879 Page 3. FRANK GARDINER IN AMERICA. This article refers to Frank robbing some Mormons where one of the Elders and leader positively identifies Gardiner as the head of the gang. |
Saturday 17th November 1888
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| I have always been of the belief that Gardiner returned to Australia protected by his devoted sisters, and never died in the USA. |
An interesting account above of Gardiner's love for Catherine Browne and how all the participants of the bushranging era were still in contact long after the events of history. "In Domino Confido" means "In the Lord we trust". The Bible is held at the Young Historical Society, Lambing Flat Folk Museum, who graciously allowed me to photograph the book. The inscription is in Francis' own hand.
The Northern Eastern Ensign
Friday, 3rd May 1918
One of the many newspaper stories (above) which began to circulate as to the perceived plunder which might have been stashed by Gardiner after the Escort Gold Robbery.
Morning Bulletin
Wednesday, 27th November 1929
One of the more bizarre articles (above) and the intrigue still surrounding Gardiner long after his death.
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| The statement above is made by Catherine Brown in New Zealand soon after shooting herself by her own hand in 1868, thus exonerating who the papers referred to as Charles Taylor but should have read Richard of any blame. New research on Catherine has
discovered that she was described as an attractive woman, small and petite in
stature 5 ft 3 in tall with sandy blonde hair.
(For better view open letter in new tab to enlarge.)
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Friday, 22nd April 1870
The report above was the first speculation as to the death of Mrs Brown in
New Zealand, the Thames River goldfield was 55 miles from Auckland.
The Sydney Morning Herald
Monday, 8th June 1874
The article (above) is confirmation as to the tragic death of Katie Brown whose love for Gardiner was beyond intense to the point of sheer madness. Her presence in New Zealand may have been for future rendezvous with Gardiner. Finally, the thought of him never to be released may have been too much to contemplate.
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| Report of Frank's death in the Evening News 28th August Sydney 1882. However, this appears to be incorrect and a subterfuge for Frank's return to Australia in company with an American Mr Baines. |
Singleton Argus
Friday, 16th August 1946
Gardiner's reported departure to exile from Australia still driving interest after almost 80 yrs.(above).
#-Reference notes and source material can be accessed on the EndNote page except where book, author or newspaper title are named. Publications referred to can be found on the Links Page. For any research assistance no charge, contact is on the Home Page under Contact details or Email to benhallbushranger@gmail.com. For an enhanced view of photographs, click right mouse button and select 'open in new tab'.
Great site thank you. Can you please tell me where you saw Kate Brown's suicide letter? And also the photos of her hut and of Middleton, and the passenger arrival document for the 'James'? I am looking for images for a book and need references for the originals.
ReplyDeleteAn excellent presentation on Francis Christie (alias Gardiner)
ReplyDeleteMore research is required on his early life in Australia. Shipping records show that his mother Jane came to Australia in 1834 (already a widow?) via the barque "James" with her five children, accompanied by her (soon to pass away?) husband (or her brother-in law?) Charles. Whoever Charles was, in February 1841, in Melbourne, Jane married one Henry Munro Esq. (sometimes spelled Monro or Monroe) who had also taken passage on the "James". At the time Munro had a large holding on the Campaspe River in the Port Philip District, moving during the 1840's to a larger holding in the Portland Bay area of the Port Philip District. Presumably all of Jane's children became part of the Munro household and were educated locally, including Francis the "Black Sheep" of the Christie family. Interestingly, Frank Christie's first recorded sortie into crime was in 1850 with the theft of horses near the Campaspe, only to be caught whilst driving the horses to market in Portland.
Hi, I am a relative of Francis Christie and would like to speak to the author of this document. Looking forward to hearing from you. Jan, peachtreejan@gmail.com
ReplyDeleteHi Jan, I am Mark Matthews author of the Ben Hall website.If I may be of any assistance please feel free to contact me through benhallbushranger@gmail.com My contact is also on the Home Page. Look forward to your reply. Cheers, Mark
ReplyDelete