In the annals of Australian history, few figures are as enigmatic and influential as Francis Christie, better known by his alias, Frank Gardiner. A man of many names and even more faces, Gardiner's life is a captivating tale of adventure, crime, and survival in the harsh Australian bush. This Webpage, "The Darkie: The Life and Times of Frank Gardiner," aims to unravel the complex tapestry of Gardiner's life, from his birth and humble beginnings in Scotland to his notorious career as a bushranger in Australia.
At the tender age of five, he set foot on the shores of New South Wales, a world away from his birthplace. Little did he know then that he would go on to become a significant figure in Australian history, leaving an indelible mark on the country's cultural landscape.
Gardiner's story is not just the tale of one man; it is a window into a pivotal time in Australian history. The mid-19th century was a period of rapid change and development, with the Gold Rush bringing an influx of immigrants seeking their fortunes. Amid this backdrop of hope and hardship, Gardiner rose to prominence, his criminal exploits capturing the public's imagination and fear.
However, Gardiner was not your typical bushranger. Gardiner was irrepressible, often characterised in the mould of the famous 17th-century highwayman Claude Du Val. He was educated, articulate, handsome, roguish, daring, an excellent horseman, charming and quick-witted. He was known more than once to put a twinkle in a ladies eye.
Gardiner proposed a dance, selecting a lady well known on the Indigo for his partner; the company amused themselves for some time, when he took - round the hat for the fiddler, but on being reminded that he had all their money, he made him a handsome donation. Of course, before leaving, he kissed his partner. From what we hear of his dashing appearance, his noble steed, and splendid horsemanship, we should not be surprised to hear ere long of people — ladies especially — going out of their road for the pleasure of being robbed by him the same as they used to do in the days of Gardiner's great prototype — Claude Du- Val.
His roguish charm and daring exploits earned him the nickname "The Darkie," a moniker that stuck with him throughout his life. Yet, beneath the charm and charisma was a man who was not afraid to cross the line into criminality, forever altering the course of his life and those around him.
This Website aims to delve deep into the life and times of Frank Gardiner, drawing on a wealth of first and secondhand accounts, newspaper articles from the period, government documents, private sources, and eyewitness accounts. It seeks to separate fact from fiction, shedding light on the man behind the myth, and exploring the societal and historical factors that shaped his life.
As we journey through Gardiner's life, we will encounter a world of adventure and danger, of love and loss, and of choices and consequences.
We will meet the people who influenced Gardiner, for better or worse, and see how his actions impacted those around him. However, for one, Ben Hall, Frank Gardiner became the one person who would wield the most influence as Hall descended deeper into criminal activity commencing at the close of 1861. Ben Hall's Sandy Creek Station co-owner John Maguire noted:
"The Darkie: The Life and Times of Frank Gardiner" is more than just a biography; it is a journey into a fascinating period of Australian history, seen through the eyes of one of its most notorious figures. So, let us embark on this journey together, into the life and times of Frank Gardiner, who in the span of eighteen months emerged as the father of modern Australian bushranging. Follow Frank Gardiner from the cradle to the grave. (All related articles incorporated into the narrative are coloured and transcribed as originally published.)
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| Above is a copy of Gardiner’s, then aged 45, NSW prison release document displaying his birthplace as Boro, NSW, which is incorrect, and thus the widespread misinformation on Francis Christie's origins and life begins. Furthermore, the release papers highlight the tattoos not previously recorded in memory of Kitty Brown following her 1868 suicide death. Cupid on upper right arm. Heart with a wreath of roses on the left upper arm in memoriam. |
At the age of five, Francis Christie arrived in New South Wales with his family in 1834. As he grew older, he assumed many pseudonyms, the most notable Frank Gardiner, a name that would later become legendary as he rose to infamy as the father of modern Australian bushrangers. Under this alias, Gardiner orchestrated daring criminal exploits that would ultimately lure many young colonial men into lives of lawlessness.
The Christie
family embarked on their journey to Australia aboard the migrant
ship James
on June 29, 1834.
The 568-ton vessel was commanded by Captain
George Paul. After
making a stop at Simon's
Bay, Cape of Good Hope,
on September 29,
the ship resumed its voyage towards Port
Jackson, New South Wales,
where it arrived on November
17, 1834. However,
during the passage, tragedy
struck the Christie family,
marking the beginning of a turbulent chapter in young Francis
Christie's life.
 |
| 'James' arrival recorded in The Sydney Herald, Nov 1834. |
The 'Sydney Monitor' on November 19, 1834, reported a tragic loss for the Christie family upon their arrival, noting that one of their children died during the sea voyage:
"Charles Christie, agriculturalist, Mrs. Christie, and six children, with an infant child having died on the passage."
The exact identity and age or sex of the deceased child remain unknown, but it is suggested that the child was approximately two years old, likely born between Archina and Charlotte. The journey to New South Wales was fraught with challenges for many families, including several others who also mourned the loss of children during the voyage.
 |
| James Christie Nassau Bahamas |
The Christie family's journey to New South Wales was marked by tragedy, illness, poverty, and loss. According to the ship James' manifest, they were assigned in Steerage Class, sharing cramped and rudimentary living conditions with seventy-nine other passengers.
The family comprised Francis' parents, Charles and Jane, along with his older half-siblings, Charles (born 1824) and Robina (born 1827), children born to Charles’s first marriage to Jean McLeod, who passed away. Also traveling with them were Francis, then five years old, his four-year-old sister Archina, and the youngest, twelve-month-old Charlotte—the three younger children being born to Jane Whittle, widow of James Christie (1787–1822), Charles Christie's older half-brother.
Although the ship’s manifest listed Jane Christie (1799–1842) as the wife of Charles Christie (1791–1864), the nature of their relationship, based on available evidence, suggests that she was more likely Charles’ common-law wife or de facto partner rather than his legally recognised spouse.
 |
Jane’s Guardian Henry Lloyd Private Source |
Jane Christie, née Whittle, was originally from the Isle of St. Michael. Evidence suggests she was the daughter of Col. Samuel and Catherine Whittle. In 1814, at the age of just 14, Jane married James Christie at the Church of St. Mary and St. Julian in Maker, Cornwall. Despite being underage, she received formal consent from her guardians, the Lloyd family, to wed. Her husband, James, was 27 years old at the time.
Their union produced two daughters: Mary Jane Christie, born in 1817 in the Azores, Portugal, and Eliza Sarah Christie, born in 1822 in Nassau, Bahamas.
Upon migrating to Australia, Francis’ half-sisters, Mary Jane and Eliza Sarah, took different paths in life. Eliza remained in the United Kingdom, later marrying a man named Cruikshank and passing away in Glasgow in 1892. In contrast, Mary Christie, having become a widow, emigrated to Victoria, Australia, with her family in the 1840s. She eventually passed away in 1861 at Mount Eliza, Victoria, but not before attending the wedding of her step-brother Charles in Gippsland, Victoria.
In 1847, Mary married Henry Griffiths. Following Mary’s death in 1861, Henry married Frank’s sister, Archina, in 1864, further intertwining the family’s complex history.
 |
| Complete Mercantile Guide to the Continent of Europe, 1818 C. W. Rördansz |
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| Christie offices Nassau. |
Unfortunately, the Christie family's business ventures were ultimately undermined by deceit and betrayal at the hands of a dishonest shipping agent. Evidence suggests that Mr. William Wade Rigby, a business partner of the Christies, may have played a sinister role in the dissolution of their partnership in Nassau.
It is alleged that Rigby, through underhanded tactics, systematically stripped the Christie family of their business and wealth, effectively engineering their downfall. His actions not only led to the collapse of their commercial enterprises but also left the Christies in financial ruin, forcing them to abandon their former ambitions and seek a new beginning in New South Wales.
The recollection of these events is echoed in H.C. Kent’s memoirs (1932), which provide further insight into the circumstances surrounding the family's misfortunes and the betrayal they suffered at the hands of their once-trusted associate.
As a result of the fraudulent actions committed by the shipping agent, James Christie's life took a tragic and mysterious turn. While actively investigating the misconduct and financial deception that had devastated his family’s business, James traveled to Colombia, where he met an untimely demise under suspicious circumstances.
The exact nature of his death remains unknown, fueling speculation that he may have fallen victim to foul play. Given the high stakes involved and the powerful financial interests at risk, some accounts even suggest that James may have been murdered to silence his inquiries. However, with little concrete evidence, his fate remains one of the many unanswered mysteries surrounding the Christie family's downfall. ibid.
 |
| James Christie's death. The Royal Gazette and Bahama Advertiser 21st August 1822. |
The business connections of James Christie extended beyond the Caribbean to another Portuguese territory—the Azores archipelago, particularly Ponta Delgada on São Miguel Island. Notably, Jane Christie (born circa 1799) hailed from Ponta Delgada, as evidenced by Mary Christie's birth record.
Following James’ passing and the dissolution of their business, Charles Christie made the decision to return to England, bringing with him his family and his widowed sister-in-law, Jane Christie.
Amidst these turbulent circumstances, it is plausible that the extended family traveled back to England via the Azores, seeking temporary refuge with Jane’s parents before continuing their journey. Speculation suggests that after several months, they departed the Azores for London before traveling on to Scotland. Records indicate that during their return to England, they traveled up to London from Devonshire, possibly passing through a seaport like Exmouth. ibid
Although
originally from Devonshire, they had been in South America for some
years, where Mr Christie, together with a brother, had carried on a
shipping trade between, South and North America.
A Note on Historical Accuracy:- While efforts are made to provide a precise historical account, it is essential to critically evaluate historical records, as discrepancies can arise from various sources, including early publications. For instance, J.O. Randell’s book, Pastoral Settlements in Northern Victoria Vol. 1: The Coliban District, presents an account of Christie/Munro's arrival in New South Wales that may not be entirely accurate. This claim is challenged by the passenger manifest from the ship James, which contradicts Randell’s depiction of Munro’s early relationships and activities. Such contradictions emphasise the importance of cross-referencing historical documents to construct a more accurate understanding of past events.
In the twelve years following James Christie's passing in 1822 and the family’s eventual immigration to Australia in 1834, the Christie family led a nomadic existence. Records indicate that after departing the Azores around 1824, the blended family settled in Stepney, Middlesex.
It was during their time in Stepney that Charles Junior—the firstborn of Charles Christie and Janet (Jean/Jane) McLeod—was born on June 11, 1824. His birth was documented in The London, England, Church of England Births and Baptisms, 1813–1917. His baptism was registered at Tower Hamlets St. Dunstan and All Saints in Stepney, further confirming the family’s presence in London during this period.
The baptismal record of Charles Jr. also reveals that his father, Charles Christie Sr., worked as a carpenter by trade. Carpentry encompassed a broad range of skills, often making carpenters highly adaptable and versatile—earning them the reputation of being “jacks of all trades.”
Following Janet’s passing, Charles formed a relationship with Jane Whittle, his late brother’s widow, which resulted in the birth of their first child, Francis Christie, in 1829—his age noted as five upon arrival in New South Wales. Their second child, Archina, was born in 1830. Additionally, another child was likely born to Jane and Charles in Scotland around 1832, though the name and gender remain unknown. Sadly, this child did not survive the voyage to New South Wales. The births of Francis, Archina, and the unnamed child affirm that Charles and Jane were in a de facto relationship by this time.
The Christie family maintained extensive connections across Scottish towns, including Glasgow and Abernethy—the latter being the hometown of Charles’ younger brother, William Christie, who later passed away in 1846. Like many families facing adversity, the Christies likely relied on these familial ties for support during their time in Scotland.
By 1832–1833, the family had returned to London, where Charlotte Deacon Christie was born in 1833 at the residence of Frederick and Charlotte Deacon.
Upon their return to London, the Christies found themselves facing extreme hardship, enduring a difficult period of poverty and instability. However, a turning point emerged when they encountered the friendship and benevolence of the Deacon family, who extended support, care, and charity, offering the Christies much-needed assistance during their time of need. ibid
The Christie family's generous benefactor, Frederick Deacon, was a distinguished civil servant residing in London. He had married Charlotte Deacon (née Maule) on November 5, 1823, at St. Mary’s Church in Leicestershire, England. Recognising the challenging circumstances faced by Charles and Jane Christie, the charitable Deacon family extended their assistance and support.
To sustain his family, Charles Christie made use of his versatile skills, taking on various odd jobs as a "Jack of all trades." Meanwhile, Jane Christie contributed by working as a seamstress and domestic maid, using her needlework skills to supplement the household income.
The kindness and generosity of the Deacon family played a crucial role in enabling Charles and Jane to regain financial stability. Their support provided the Christies with a lifeline, allowing them to secure work and sustain their growing family despite the hardships they endured. ibid
The Deacon family played a pivotal role in facilitating the Christie family's immigration to New South Wales, serving as the driving force behind their decision to embark on this new chapter. Recognising the hardships faced by Charles and Jane, the Deacons provided essential support, encouragement, and resources, making their journey to Australia possible.
Through their unwavering generosity and guidance, the Deacons propelled the Christie family toward a hopeful future, helping them escape poverty and uncertainty in London for the possibility of a better life in the expanding colony of New South Wales.
In 1932, Mr. Harry Chambers Kent, a distinguished Sydney architect, shared a compelling account of his family's connection to the Christie family prior to their immigration to Australia. At the time of Frank Gardiner’s release from Darlinghurst Prison in 1874, Kent was twenty-one years old. According to his recollection, Charlotte Deacon Christie, Frank’s youngest sister, was named in honor of Kent’s paternal grandmother, a gesture reflecting the close bond between the two families.
Note: Harry Chambers Kent was a widely recognised figure in his field, as evidenced by his inclusion in the Who’s Who of Australia in 1922. He held a prominent role as a senior partner in the esteemed architectural firm Kent and Massie Architects, based in Sydney. His account provides valuable insight into the relationship between the Deacon/Kent and Christie families, offering a unique perspective on their shared history.
Recent research has further substantiated the authenticity and significance of the Deacon family’s connection to the Christies. This well-documented relationship strengthens our understanding of the Christie family’s background prior to their immigration to New South Wales, providing essential insights into their origins and circumstances before embarking on their journey. The connection to the Deacon family adds depth and credibility to the Christies' documented history, enriching our knowledge of their pre-immigration life.
According to Kent’s account, while under the care of his grandparents, the Christie family was encouraged to consider a fresh start in New South Wales. The thriving colony promised abundant opportunities for those with ambition and enterprise. At a time when new horizons beckoned, the prospect of a better future in NSW resonated deeply with the Christie family, ultimately shaping their decision to begin anew in the colony. ibid
As the Christie family prepared to embark on their journey to New South Wales, they were provided with the necessary clothing and various essentials for the long passage. However, upon boarding the James, the migrant ship, a stark reality became apparent to the upper-middle-class Deacon family—the Christie family's living conditions during the voyage were markedly inferior.
The contrast between their accustomed lifestyle and the harsh realities of shipboard life quickly became evident. The cramped quarters, limited provisions, and rigid structure of migrant travel underscored the stark divide between social classes and the challenges faced by those seeking a new life in the colony. For the Christies, the journey to New South Wales would not only be a physical passage across the seas but also an immersion into an entirely new way of life, vastly different from the one they had left behind. ibid
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| Rev. John Dunmore Lang. b. 1799 - d. 1878. Courtesy University of Wollongong. |
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| Baptism of Charlotte aged four and Maria aged c.18 months December 1837. NSW BDM |
Upon their arrival in New South Wales, the Christie family found their path intertwined with Henry Munro, a fellow passenger from the James who would later become Francis’s stepfather. Unlike the Christies, who had endured the hardships of steerage, Munro traveled in the comfort of a private cabin, a privilege afforded by his affluent background.
Author’s Note: For a deeper understanding of the trials and tribulations faced by those seeking a new life in the colonies, the series To the Ends of the Earth offers an excellent portrayal of the hardships endured during long sea voyages in those perilous times.
A man of considerable wealth and social standing, Henry Munro arrived in the colony well-prepared, carrying introductory letters from influential connections. Shortly after settling in New South Wales, he purchased property and appointed Charles Christie as his overseer—a decision likely influenced by his burgeoning interest in Mrs. Christie. In time, this growing connection culminated in marriage, further entwining the Christie and Munro families.
As the Christies adjusted to their new life, the challenges they faced were documented in an article published in The Sydney Herald on November 20, 1834, shedding light on their early struggles in the colony.
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| The Sydney Gazette and New South Wales Advertiser Saturday 25 July 1835. |
Henry Munro was the son of the esteemed anatomy professor Alexander Munro of Edinburgh College, a man whose family was steeped in notable history. However, his legacy was forever linked to one of the most infamous crimes of the 19th century—the Burke and Hare murders of 1828 in Edinburgh.
During this grim period, William Burke and William Hare carried out a series of notorious serial killings, selling the bodies of their victims to anatomy schools for dissection. Their crimes shocked the public and cast a long shadow over Edinburgh’s medical community.
In the aftermath of Burke’s execution, Professor Alexander Munro found himself at the center of controversy due to his actions during Burke’s autopsy. In a macabre and infamous display, it is said that he used Burke’s own blood to pen a note, creating a grisly memento that cemented his place in history.
Against this dark backdrop, Henry Munro left Edinburgh for New South Wales, carrying with him not only the weight of his family’s distinguished name but also the infamy of its past connections.
“This is written with the blood of Wm Burke, who was hanged at Edinburgh. This blood was taken from his head.”
In New South Wales, Henry Munro quickly forged a close alliance with Charles Christie as they adapted to their new surroundings. Their bond was strengthened not only through shared business dealings but also by the undeniable charm of Jane Christie, whose beauty and grace did not go unnoticed.
Eager to capitalise on the opportunities offered by the colonial government, Henry wasted no time in securing a substantial land lease through the Emigrants Newly Arrived program. His first major acquisition was a 960-acre estate at Kurradu Bidgee, an area nestled along the picturesque banks of the Shoalhaven River. This fertile land, rich in natural resources, provided Munro with a promising foundation for his new life in the colony.
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| Successful lease Boro Creek Register of Leases NSW. |
In 1836, Henry Munro encountered a setback when a land application near Goulburn was contested and ultimately canceled due to a claim by another settler, Sharpe. However, undeterred by this obstacle, Munro persisted in his land acquisitions and successfully secured two parcels of land, each 640 acres, at Boro Creek, near the town of Goulburn.
Beyond these holdings, Munro expanded his property portfolio, acquiring land in the scenic regions surrounding Lake George, an area renowned for its enigmatic and ever-changing waters. These properties, located within the counties of Argyle and King, were obtained between 1835 and 1836, marking Munro’s continued investment in the growing colony.
Despite his early successes, records indicate that by February 1838, Munro had sold the Boro Creek lands to Mr. Edwin Forbes, signaling yet another shift in his landowning ventures.
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| Boro Creek 1836 cancelled Register of Leases NSW. |
During
their time in New South Wales, Jane Christie, Francis’s mother,
gave birth to Maria Agnes in 1836, just fifteen months after their
arrival. This new addition marked a significant milestone for the
family as they continued to settle and establish themselves in the
colony, navigating the challenges and opportunities of their new life
in Australia.
 |
| Boro Creek Transfer |
However, Maria, the youngest child born to Jane Christie, was in fact the daughter of Henry Munro. It is believed that she was named after Munro’s mother, further highlighting the intimate connection between Henry and Jane. Their relationship ultimately led to acrimonious circumstances that resulted in Charles Christie—seemingly an unwitting cuckold—abandoning both his children and the Campaspe region of Victoria in 1840. Two years later, in 1842, Jane and Henry formalised their union in marriage.
Further evidence highlights the Christie family living in Goulburn before their eventual relocation to Victoria. In December 1837, Charlotte, then just four years old, was christened in Goulburn, alongside Maria, who was baptised during the same ceremony. This event is supported by an existing baptismal certificate, offering tangible proof of the family’s presence and activities in the Goulburn district during this period.
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| Munro & Christie. c. 1838. |
In April 1838, Munro acquired new land holdings in Campaspe, an area approximately 110 miles north of Melbourne and 40 miles northeast of Bendigo—a significant relocation that required a 400-mile journey south from Boro, near Goulburn. At the time, this region was part of the Port Phillip District, a rapidly expanding frontier that offered new opportunities for settlers.
This move marked a pivotal chapter for the family as they ventured into uncharted territory, seeking to establish themselves in Victoria’s growing colonial landscape.
Munro’s newly acquired land became known as Spring Plains Station, where Charles Christie served as overseer from 1838 to 1841. Nearby, the 70,000-acre Barfold Station was owned by the influential settler William Yaldwyn. Within twelve months, the prime squatting sites in the Campaspe district had been secured, marking a rapid transformation of the region into a thriving pastoral hub.
Spanning approximately 2,000 square kilometers, the district was stocked with an estimated 35,000 sheep, 4,000 head of cattle, and employed around 200 men in various roles. Among these workers were assigned convicts, many of whom had played a crucial role in driving thousands of sheep overland from the Upper Murrumbidgee region, near Goulburn and Yass.
In 1836, Sir Thomas Mitchell surveyed the landscape from Yass south to the Coliban River, mapping what would soon become some of the most sought-after grazing land in the colony. However, before Mitchell could officially publish his findings, enterprising settlers had already begun acquiring livestock and establishing temporary holding pens in the Yass and Goulburn regions, positioning themselves to take full advantage of the newly accessible land.
In March 1838, William Bowman with five thousand sheep, claimed all the areas west of Barfolds boundary on the Coliban River, up to the foot of Mt Alexander, about seventy thousand acres. He named it Stratford Lodge. A few weeks later Henry Munro claimed fifty thousand acres along the northern boundary of Barfold, bringing with him several thousand sheep.²
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| Henry Munro Letter Aboriginal Attacks Port Phillip Gazette 1839 |
At various stages, the new settlers of the Campaspe and Coliban Districts began their arduous journey south, following the proposed track known as Major’s Line of Road. Those driving livestock south typically traveled with two teams of bullocks, a few horses, and rations, tools, firearms, and all other necessary provisions required to establish a station in uncharted territory. As free laborers were scarce for such demanding expeditions, assigned convicts were commonly enlisted for the task (Memoir of John Coppock, Barfold).
By December 1837, records indicate that Munro had already acquired livestock, which were temporarily held at Boro Creek before the land changed ownership.
As the Christie family and their traveling companions moved southward toward Campaspe, they encountered various Aboriginal groups along the route. For the most part, these interactions were peaceful and cooperative, with the local Indigenous people displaying a welcoming demeanor.
However, tensions increased as the settlers neared the Port Phillip side of the Hume River (now known as the Murray River). In this region, encounters with Aboriginal groups became more confrontational, and some of the overlanders suffered minor spear wounds—though these injuries were not severe. The riverfront areas south of modern-day Albury proved particularly challenging, as Aboriginal resistance intensified along these key territorial boundaries.
After crossing the Hume River, the settlers continued toward Broken River, near the present-day site of Benalla. Upon reaching Campaspe and beginning the construction of their homesteads, Munro and his fellow squatters quickly realised that the local Aboriginal groups in the area were more resistant and aggressive than those they had previously encountered. This shift in hostilities heightened unease among the settlers, leaving many nervous and fearful as they attempted to establish their holdings in what was becoming an increasingly contested landscape.
At first the blacks were very shy, but when they found that sheep were good to eat they began to be very troublesome, and a constant watch had to be kept on them. They were continually spearing sheep for the sake of the inside fat, and had wounded three shepherds at different times. Therefore the workers when without supervision like savages as they were, were in the habit of shooting down the blacks on sight; they did not confine themselves to men, but destroyed the lubras and piccaninnies as well. So troublesome that at an out-station or sheep camp one day the station owner was very much surprised to find the shepherd and watchman both lying dead, having been speared and clubbed to death by the blacks, and the sheep (1,200 young wethers) gone. There were a lot of sheep lying about dead, cut open, and the fat taken and the carcass left intact. (Memoir of John Coppock, Barfold)
As Francis and the Christie family settled into their new home in Campaspe, young Francis, then nine years old, eagerly took on the responsibilities of station life. He quickly became involved in handling stock, assisting his older brother Charles with daily tasks, and learning the essential skills required to manage a pastoral property. It was during this formative period that Francis began to develop the abilities that would later shape his notorious future.
However, alongside the excitement of frontier life, Francis also witnessed the darker realities of settlement. The threat of Aboriginal resistance was ever-present, and he observed firsthand the attacks on shepherds, including his own father and Henry Munro. These encounters exposed him to the harsh and often violent struggles of the frontier, where conflict between settlers and Aboriginal groups remained a constant and unsettling reality.
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| Charles Christie's letter referencing his sly-grog business. Port Phillip Gazette 25th April 1840. |
Upon settling in the Port Phillip district of Victoria, Charles Christie soon found himself in trouble with the law. Sometime between late 1838 and early 1839, he was arrested and fined over £81—a substantial sum at the time, equivalent to several years’ wages (modern equivalent of £640+). His offense? Operating a sly grog shop, an illicit establishment selling unlicensed alcohol, an activity that was strongly condemned by local authorities. By his own admission, Charles acknowledged his involvement, cementing his reputation as a disreputable entrepreneur in the fledgling settlement.
The sly grog shop incident was a pivotal moment in the upbringing of young Francis Christie, then just nine years old. At such an impressionable age, he would have witnessed firsthand the consequences of his father’s illicit activities—but rather than serving as a deterrent, it may have reinforced an early fascination with quick money and circumventing the law. The lure of easy profit, without the burden of hard labor, was a lesson that may have left an indelible mark on his developing perspective.
The severity of the fine suggests that Charles’s venture was not a minor or isolated affair, but rather a well-organized operation. At a time when annual wages for farmhands ranged between £20 (for a hut-keeper) to £30 (for a ploughman), with shepherds earning around £25 plus provisions, a £81 fine represented a crippling financial penalty.
Sly grog shops were prevalent in rural settlements, particularly in remote farms and frontier towns, where licensed alcohol was difficult to obtain. These establishments earned a notorious reputation, often attracting both settlers and itinerant workers, as well as the scrutiny of law enforcement.
Whether Henry Munro was aware of or complicit in the operation remains uncertain—though it is unlikely he was entirely oblivious. However, Charles Christie alone bore the full cost of the penalty, suggesting that either Munro distanced himself from the affair or was deliberately left unscathed.
Christie’s arrest and heavy fine may not have been purely coincidental. It is possible that someone in the community reported him to authorities, leading to his downfall. Given his long-standing disputes with E. Parker, a Protector of Aboriginals known for his officious and bureaucratic nature, it is plausible that Parker played a role in Christie’s prosecution—perhaps out of spite.
Regrettably, Charles Christie's employment under Henry Munro came to an acrimonious end in late 1840—but not due to the sly grog shop. Instead, it was the discovery of a betrayal that severed their long-standing association. Charles learned that Jane, his lover and the mother of their children, had been engaged in a secret relationship with Munro.
Facing the painful reality of Jane’s infidelity, Charles walked away, leaving his brother’s widow, Jane, and their three children under the care of Henry Munro, his former employer and one-time friend. The nature of Jane and Munro’s relationship raised longstanding suspicions, suggesting that their affair may have begun secretly in New South Wales, or possibly even earlier, during their voyage from England.
One issue that could not be ignored was the strong probability that Maria Agnes was, in fact, Henry Munro’s daughter. If this was revealed to Charles—or if he had long suspected it—this realisation may have been the final blow, forcing him to sever ties and leave his family behind.
Jane Christie, known for her strong-willed nature, remained with Munro, and their relationship flourished despite the scandal and whispers surrounding their union. Together, they continued to build their life in Campaspe, moving forward while Charles disappeared from their lives.
The home in which Francis lived during his years in Campaspe was vividly described in a letter from Henry Munro’s brother, David, who spent several months there in early 1842. His detailed account provides valuable insight into the living conditions and daily life of the family during this tumultuous period.
(Source: Munro Letters the Bridge Connection, Redesdale.) |
| Cuthbert Fetherstonhaugh. 1837-1925. Courtesy NLA. |
In Cuthbert Fetherstonhaugh's memoir, After Many Days, published in 1917, he reflects on an encounter with Charles Christie in 1854, when Christie was 61 years old. At the time, Fetherstonhaugh was conducting surveys near Victoria’s Goulburn River, where he crossed paths with Christie, who was then working as a cook.
During their conversation, Christie spoke of Jane as his wife, suggesting that despite their separation and the complexities of their relationship, he still regarded her as his spouse. This recollection highlights Christie’s enduring emotional bond and the deep attachment he still felt toward Jane, even after years of estrangement.
However, their paths would never cross again—a poignant reminder of the unresolved ties and unfinished chapters in their shared history.
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| 'James' |
Not long after her marriage to Henry Munro, Jane Munro passed away in 1842, reportedly due to illness—possibly cancer. Her death brought a swift and sombre end to the chapter of her life with Munro, leaving behind the complex legacy of her family’s entangled relationships.
Little is known about the later years of Charles Christie, the father of Frank Gardiner. His life remains largely undocumented, with only a few surviving records offering glimpses into his final days.
According to the Sydney Morning Herald Family Notices, published in February 1864, Charles Christie passed away on February 16, at the residence of his daughter, Archina, in Pitt Street, Sydney. His death followed a prolonged and agonising illness, with the official cause listed as “Decay of Nature”—an archaic term referring to death from old age or general physical decline.
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Death Certificate of Charles Christie 1864: BDM NSW On the 16th instant, at the residence of his son-in-law, Mr Henry Griffiths, fruiterer, Pitt-street, after a long and painful illness, Mr Charles Christie, aged seventy-three years, native of Elgin, Scotland. The procession to move from his residence, Pitt street near Market-street, at 8 o'clock a.m. |
Charles Christie was laid to rest at Camperdown Cemetery in Newtown, where his burial record describes him as a "Gentleman Farmer", reflecting his occupation and status.
It is possible that Frank Gardiner, an avid reader of newspapers, may have come across the news of his father’s passing in the weeks leading up to his capture in Queensland. Alternatively, he may have learned of it through correspondence from his sisters, maintaining the longstanding but distant connection to his family despite his notorious life on the run possibly signing off covertly as "Kearnegie."
Settling at Campaspe in 1839, Henry Munro and Charles Christie faced a volatile and dangerous frontier. At the time, remote stations in the Campaspe district were under frequent attack by local Aboriginal groups, who resisted the encroachment of settlers on their lands. These raids were often brutal, with solitary shepherds being killed and flocks of sheep stolen, as they provided an accessible food source for the marauding blacks.
One notable
confrontation
occurred when 
Charles
Christie and Henry Munro attempted to recover stolen livestock
from an Aboriginal
raiding party. The
effort ended in
disaster when they
were ambushed,
and Henry Munro was
speared during the attack.
Though young Francis
Christie did not
witness the ambush itself, however,
he saw
its aftermath and
settler retribution, an
experience that was in the
sort term standard.
Frustrated by the lack of government protection and law enforcement, many Campaspe settlers responded with violent reprisals against local Aboriginal groups. These retaliatory attacks became a grim and bloody chapter in the history of the Port Phillip frontier, as conflicts between settlers and the blacks escalated.
The incident involving Henry Munro was among those documented in the Port Phillip Patriot and Melbourne Advertiser on Monday, 22nd July 1839, providing a contemporary account of the tensions and hostilities that defined this period of forging a nation.
The issues were raised earlier by Henry Munro in a letter, but without any government action. (See earlier letter.)
 |
| Letter was written by Charles Christie in April 1840, while employed by Henry Munro. |
During his early years, Francis Christie enjoyed a relatively comfortable upbringing and received a solid education, guided by both his father, Charles Christie, and stepfather, Henry Munro. While there is no definitive record of Francis receiving formal tutoring, many squatters of the 1800s employed private tutors for their children’s education. This practice is evident in the case of Patrick O’Meally, the father of John O’Meally, a future member of Christie's gang, who was known to be well-educated. (See gang page.)
Following Charles Christie's departure, Henry Munro fully incorporated the Christie children into his household, raising them as his own.
It remains unclear whether Francis harbored anger, resentment, or strained relations with his stepfather during this period. However, the abandonment by his father and the death of his mother at the tender age of 14 undoubtedly left a deep emotional impact on him. These upheavals may have contributed to his rebellious streak and his eventual association with less savory companions, potentially straining his relationship with Munro.
Years later, when the law finally caught up with Francis, he operated under the alias "Clarke" and sought to procure a Ticket of Leave from Cockatoo Island in 1859. During this process, Christie attempted to gain the sympathy of the authorities, making a statement that reflected on his troubled past and difficult upbringing:
While Francis Christie later attempted to evoke sympathy by claiming he had been "uncontrolled by parental influence," evidence suggests this was far from the truth. It is more likely that his statement was a justification for his refusal to adhere to Henry Munro’s discipline, rather than a reflection of genuine neglect. Alternatively, perhaps his early exposure to his father’s sly grog shop and its shady clientele had already shaped his perception of easy money, influencing the man he would become.
Following the death of his wife Jane, Henry Munro underwent significant changes. In 1843, he relocated his family to the small but growing settlement of Portland, in southern Victoria, near the South Australian border. He established himself in the Crawford River area, acquiring and managing several prominent pastoral properties.
Munro took over "Bassets" Station, managing it from 1843 to 1849, before shifting to "Crawford" Station, which he controlled from 1849 to 1862. Before his ownership, these stations had been under the management of Mr. Cameron, but Munro, alongside his business partner Andrew Cruikshank, expanded their operations significantly.
At Crawford Station, Munro ran a large-scale pastoral enterprise, overseeing:
- 15,000 sheep
- 60 head of cattle
- A thriving vineyard, producing wine for export to Europe
His success in viticulture, coupled with his extensive livestock holdings, established him as a distinguished and prosperous landowner in the Portland district. These achievements were documented in The Melbourne Daily News on Tuesday, February 13, 1849, reflecting his status as a prominent figure in Victoria’s agricultural development.
 |
| Charles Christie Jnr, Baptism. 1824. Note, Father Charles. Note, Mother Jane. This is no doubt, Jane/Jean McLeod. Charles' Profession; Carpenter. |
In June 1850, upon reaching the age of twenty-one, Francis Christie ventured beyond the confines of structured society, eager to forge his own path—one that would soon lead him into lawlessness.
By this time, Henry Munro, along with Francis’s siblings, had relocated following Munro’s 1843 purchase of a Portland station, named Crawford Station. Initially, Francis joined his family, but his restless and rebellious nature soon saw him return to central Victoria’s Campaspe district, the place of his childhood.
It was here that he fell in with two local misfits, William Stewart and John Newton. The origins of their companionship remain unclear, but together, they embarked on a series of horse thefts at Stewarts suggestion that would cement Francis's early reputation in criminality.
Their first major theft took place at Salisbury Plains, on the North Loddon River, where they targeted valuable steeds owned by William Lockhart Morton, a Scott the prominent owner of Plains of Thalia Station, 57,600 acres. (See image below.)
At the time, large station owners were deeply wary of itinerant men who were seen as idle drifters, often seeking food and shelter from settlers without offering much in return. These roving, out-of-work men were regarded as troublemakers, stirring unease in the already isolated and vulnerable community.
Morton, along with his wife Mary Ann and baby son, lived under constant anxiety, fearing the riffraff that passed through the district regularly and knowing as was the case on many other stations,that their presence often preceded trouble. Their fears were soon realised when Francis and his accomplices in a well executed planmade off with Morton’s prized horses.
Crafting a deceptive scheme, Christie convinced Stewart and Newton that their best option was to sell the stolen horses at auction in Portland, some 200 miles from Salisbury Plains—far enough to avoid suspicion. Confident in their plan, the trio set off, ready to cash in on their stolen stock.
As a precaution, Francis knew they could rely on Henry Munro’s station at Crawford River as a safe hideout, should they need a place to lie low once the stolen stock had been converted into cash.
 |
| William Lockhart Morton |
However, upon discovering the brazen theft of his prized horses, William Lockhart Morton was consumed with Scotish rage and determined to bring the culprits to justice. Wasting no time, he assembled a small but determined search party, enlisting the help of:
William Mercer, a skilled bushman and tracker, known for his keen ability to follow even the faintest trail, and
An elderly man named Williams, whose own horse had also been stolen.
Though Williams was advanced in age, Morton permitted him to join the pursuit—on the strict condition that he could keep pace with the group.
With no time to lose, the men readied themselves, setting off with unwavering resolve, determined to track down the thieves and reclaim what was rightfully theirs.
At Salisbury Plains, Victoria: William Lockhart Morton. Name of run—Plains of Thalia, Estimated area—57,600 acres, Estimated grazing capabilities—4,000 sheep.
As Morton and his men set out from Plains of Thalia Station, they pursued the fleeing horse thieves with relentless determination. Tracking their movements across rugged terrain, the party pressed onward, following the trail of stolen horses with unwavering focus. The initial tracks were a bluff and it appered to Mercer that the theives were Adelaide bound. After some concerted tracking their chase turned southeast leading them past Mount Sturgeon Station, where they finally paused for a brief respite at the Mount Sturgeon Hotel. Here, the men regrouped, taking a moment to rest and plan their next move before resuming the pursuit.
Looking back on the theft and subsequent chase, Morton later recounted the dramatic events in the Geelong Advertiser on October 23, 1850, providing a detailed account of the crime, the hunt, and his determination to reclaim his stolen property.
Tied but determined the men entered the Mount Sturgeon Inn, owned by Andrew Templeton, Morton immediately inquired whether a mob of unfamiliar horses had passed through. To his astonishment, Templeton relayed an unexpected piece of news—the recent local races had attracted a variety of competitors, including, unbeknownst to anyone at the time, the very thieves Morton was pursuing.
Even more incredible was the revelation that the stolen horses had not only been raced but had competed against horses entered by the police. To add insult to injury, the thieves had won several races, collected the prize money, and vanished without arousing suspicion.
When pressed about the horses' brands, Templeton admitted that he had never been close enough to identify them, as the suspected thieves had corralled their mounts some distance from the Inn.
Morton wasted no time and prepared to continue the pursuit when Tempelton produced a letter left his care for the next mails but he neglected to forward it on. The writer? None other than Francis Christie.
Sensing the letter’s potential significance, Morton swiftly took possession of it, realising that it might contain crucial information regarding the gang’s whereabouts, intended destination, or future plans.
With this newfound clue in hand, Morton mounted, now armed with vital intelligence that could finally lead him to the elusive thieves. Templton stated:
Geelong Advertiser, 23rd October 1850.Driven with urgency, Morton spurred his horse into a full gallop, he rode eighteen miles to the police station in Hamilton, believing the men would be thereabouts was determined to act swiftly before they could disappear for good.
Upon his arrival at Hamilton, Morton demanded the presence of the Bench Clerk, presenting him with the unopened letter left behind by Francis Christie. Fully aware of the letter’s potential significance, Morton demanded that it be opened immediately, under his watchful gaze.
As the clerk carefully unfolded the letter, its contents confirmed Morton’s suspicions—it outlined a clear destination and was addressed to Mr. Crouch, the postmaster at Portland, who also served as an auctioneer.
With this
critical piece of
evidence now in hand,
Morton had a
definitive lead—one
that could finally put him on
the trail of the horse thieves
before they had the chance to dispose
of their stolen stock.
Lake Mingo, Murray River, May 1850.
J.C., Esq., auctioneer, Portland.
"Sir,—I have no doubt you will feel surprised at being addressed by a stranger, but as it is on business, you will excuse the liberty taken. I have sent my superintendent, Mr William Troy, to Portland with 33 head of horses, which I consider a fair sample for any market. The same I wish you to dispose of by the hammer to the highest bidder. Should the price realised please me, I will send you over another draft in the course of a month. Mr William Troy is authorised to receive the proceeds, and his receipt will be a sufficient acknowledgement. Please to give him only such money as is current in Portland.
I remain sir,
your obedient servant,
ANDREW TAYLOR.³
 |
| Crawford Station For Sale. 'The Argus' 4th February 1851. Courtesy N.L.A. |
Unaware that his letter had been intercepted at Mount Sturgeon, Francis Christie continued southward toward Portland, driving the stolen stock with confidence. However, what he did not realise was that William Morton, riding at full speed, was determined to intercept them before they reached the town.
The relentless pursuit spanned over 200 miles, forcing Morton and his search party to navigate treacherous bush tracks, pushing themselves—and their horses—to the limit. Exhausted but unwavering in his resolve, Morton at Hamilton, immediately sought out Constable Thornhill.
Without hesitation, Morton instructed Thornhill to accompany him to the suspected robbers’ lodgings near the Fitzroy River. Upon reaching the Inn’s stockyard, Morton immediately recognised the stolen horses, confirming that the thieves were close by.
Wasting no time, Morton coordinated with the troopers, devising a plan to apprehend the culprits, who were believed to be hiding somewhere in the vicinity of the Inn.
- Morton and Constable Thornhill took position at the front entrance.
- Another trooper, along with Mercer and Williams, moved to cover the rear of the premises.
With the plan set in motion with the proprietor onboard, Morton lightly tapped on the entrance, prompting a voice from inside to call out. Bilston, the inn owner answered.
"Who is there?"
The trap was set, and Morton and his men stood poised for action, ready to bring the pursuit to its dramatic conclusion.
Mr Bilston's residence housed The Bush Tavern located near the Fitzroy River. This establishment stood 36 miles away from Hamilton and 18 miles away from Portland. Mr Bilston provided a detailed account of the events surrounding Christie's arrival at his establishment. 'Geelong Advertiser' 23rd October 1850:
Caught!
 |
| The Stockade, Pentridge, Melbourne. c. 1849. The First Established Receptacle for Criminals. Artist unknown. |
 |
| Dr W.C. Haines, Foreman of the Jury for Christie. Later 1st Premier of Victoria. 1855-1857. |
His Honor summed up -"The horses were found in possession of the prisoners if they could not account for possession, it amounted to almost a conclusive evidence of guilt. But there was a difference between possession and custody that must be judged of. There appeared there had been a difference between the positions occupied by the prisoners, but the evidence that they were acting as servants would be collusive. Newton pleaded that he was a servant to Stewart; if a servant, he would be guilty, if he were cognizant that the horses had been taken possession of illegally. The other prisoner seemed to have taken a similar share in the transaction. He should leave to the jury to reconcile the fact of possession, with the supposition of their innocence." Verdict against both prisoners-sentenced to five years hard labour on the roads.
Wednesday 23rd October 1850
https://trove.nla.gov.au/newspaper/article/91919180?searchTerm=%22Christie%22Portland&searchLimits=l-state=Victoria|||sortby=dateAsc|||l-category=Article
Following his conviction, Francis Christie was incarcerated at Pentridge Prison, where he faced the harsh realities of colonial imprisonment. The once-rebellious horse thief now found himself confined behind megrely constructed walls, subject to the rigors of prison life.
Meanwhile, Henry Munro, in accordance with societal norms of the time, appeared to have severed all ties with Francis, distancing himself from the disgraced theif. Whether this was a matter of self-preservation or outright disapproval remains unclear, but Munro made no known attempts to offer support or intervention on Francis’s behalf following his conviction.
However, while Munro turned away, Francis’s three sisters never did. Despite his criminal actions and the stigma of his incarceration, they remained deeply devoted to their wayward brother, holding onto an unwavering love that endured throughout their lives.
Their continued support and affection serve as a powerful testament to the strength of sibling bonds, proving that family ties often transcend even the gravest of misdeeds.
 |
| Illustration of Christie's escape from Pentridge, Coburg, Victoria, 1851. by Percy Lindsay c.1935 |
In the bold and audacious breakout, eleven prisoners escaped from Pentridge Prison, briefly tasting freedom before their pursuers closed in. For some including Newton their liberty was short-lived, however, all but five were swiftly recaptured within days.
Among the remaining fugitives was Francis Christie, who fled northward alongside Charles Herring, another escapee.
Charles Herring, originally from the Bendigo district, had a long history with the penal system.
- He had arrived in Hobart, Tasmania, as a convict aboard the ship Egyptian in 1839, sentenced to seven years.
- After his release in 1847, he made his way to Victoria, where he was convicted of assault in 1850.
Now, in 1851, he found himself once again on the run, forging an unlikely partnership with Francis Christie in their flight from the law.
During the chaotic prison break, a constable’s carbine was seized and fired while the officer was distracted by a prisoner named Davidson.
At the subsequent trial of the accused shooter, Constable Thomas Price testified in The Argus on April 17, 1851, stating that the prisoner believed to have fired the carbine was John Rich.
On the day in question, I had sixteen prisoners in charge. I had them at work, about half-past three o'clock, at some distance from the Stockade and about one hundred yards from the line of the Sydney Road. They were carting stones in a paddock. I had occasion to speak to a man named Davidson for communicating with the prisoners when, as I turned my back, several of the prisoners rushed me. One seized me by the throat, and some others threw me down, and at the same time, the prisoner seized my carbine. Seven ofthe men escaped.
I was lying on the ground when you (Rich) took the gun. I was not ill-used by the men. I had my bayonet in its scabbard; I lost it while on the ground. I think White took the bayonet, Herring stood over me with it, whilst I was on the ground.
At his trial, Rich vehemently denied firing the weapon, insisting that he had simply attempted to escape like the other prisoners at Pentridge. He maintained that he had no intent to cause harm and was merely seizing an opportunity for freedom.
Despite the seriousness of the charges, the jury deliberated for only a few minutes before returning a verdict of not guilty on two key counts:
- The unlawful discharge of the firearm
- Intent to cause grievous bodily harm
While Rich was acquitted, suspicions remained. The circumstances of the escape strongly suggested that both Charles Herring and Francis Christie had played a leading role in the events that unfolded that day.
Though the jury’s decision cleared Rich, the true instigators of the violent escape—and their exact roles—remained a matter of speculation and rumor for years to come.
Note: Charles Herring escapee from Pentridge with Christie in 1851 was gazetted as wanted in Victoria. In 1862 Herring was sort for stealing at Canowindra. The description in both the Victorian and NSW gazettes match. Through age, height, marks and moles. Herring obfuscated, as was widely practised, his origins. As with Frank Gardiner. Herring was involved in robbery with John Peisley and was a mate of William Fogg. Herring would in 1863 while in custody be seconded to the NSW mounted police due to his bragging the he was a close friend of Gardiner. It was short lived as Herring under the alias of Zahn was dismissed after stealing from Capt Baytte.
Shortly after escaping from Pentridge Prison, Francis Christie and Charles Herring were spotted near the Government Camp at a newly discovered goldfield on Bandicoot Creek, now the town of Bendigo. Their presence did not go unnoticed by local settlers.
Some locals may have recognised Christie, recalling his time living with Henry Munro, a prominent pastoralist at nearby Campaspe. Herring, on the other hand, would later adopt multiple aliases, including Charles Zahn and Burgess, and eventually become a wanted man in New South Wales for his association with the infamous bushranger Peisley and later the remnants of Frank Gardiner's gang.
By late 1851, fearing recapture, Christie fled north, crossing the Murray River into New South Wales. There, he blended effortlessly among the throngs of gold miners flocking to the goldfields near Bathurst, particularly Ophir, which had been discovered by Edward Hargraves, Lister, and Toms.
At the time, New South Wales was still a remote, sparsely populated frontier, where settlements consisted of only a few huts, shanties, trade stores, and vast squatting leases. The limited presence of law enforcement made it an ideal landscape for acquiring high-quality horses, a lucrative opportunity for a skilled horse thief like Christie.
Meanwhile, John Newton, Christie's accomplice in the Morton horse theft, chose to separate from him after their escape from Pentridge. Unlike Christie, Newton was recaptured and sent back to prison, though he later escaped again in another prison breakout. His ultimate fate remains unknown.
Upon reaching New South Wales, Christie returned to familiar territory—the Goulburn district, where he had spent his childhood from 1835 to 1837. By crossing the Murray River, he had placed himself well beyond the reach of Victorian authorities, ensuring his freedom for the time being.
To evade detection, Christie assumed multiple aliases, adopting the names Clarke and Gardiner. Initially, he kept a low profile, working in stock handling around the Abercrombie and Goulburn areas, leading a seemingly quiet life. There are no known records indicating he was involved in criminal activity during this period—though this does not necessarily mean he wasn’t active, merely that he hadn’t been caught.
However, his old habits soon resurfaced, and he gradually slipped back into crime, resuming his horse-stealing ventures. Reflecting on his descent into lawlessness, Christie—also known as “The Darkie”—later commented on how he fell into horse theft and deeper into the criminal underworld:
"From want of suitable, employment. Young men can find no employment in the country districts except herding sheep or stock-riding. The latter occupation leads to horse-stealing simply because you become wholly engrossed in horseflesh, and the crime is so easily committed that you do not think of the consequences. Horse-stealing and horse "sojering" are of everyday occurrence in certain parts of the country."⁸
However, Christie's first foray into theft in NSW did not end well, when in the company of a youth named Prior he attempted to pull the same stunt as with Lockhart Morton. Horse stealing.
 |
Newspaper reports of the £10 reward for Christie's capture.
After he escaped 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 called Frank Gardiner, Ben Hall and Co.
|
 |
| William Fogg, Parole 1840. |
 |
| The Sydney Morning Herald Thursday 13th April 1865. |
As for Francis' father, it appears that he returned to Victoria in 1854, as indicated by Fetherstonhaugh. His other children, who demonstrated great care for their father, resided in Sydney before his eventual death in 1864. He lived with Archina Griffiths and Charlotte Ion at 283 Pitt Street, where he was described as a gentleman farmer. The Griffiths were involved in the fruit business, and it is possible that Francis may have spent some of the missing years in the company of his father, further adding to the complexity of his origins and his efforts to conceal his true identity.
To further confirm Francis Christie's whereabouts in Goulburn, local foot constable Pagett—who had escorted the now-named "Clarke" to Wingello before his transfer to Cockatoo Island for conviction over horse theft—explicitly stated that he knew him as both Clarke and Gardiner in Goulburn in late 1851.
This timeline is crucial because it definitively excludes Gardiner from any participation in the 1853 McIvor gold robbery in Victoria (More on that subject later).
There has been longstanding speculation that "Clarke" and "Christie" were different individuals, but this claim has been definitively disproven. The evidence overwhelmingly confirms that they were, in fact, one and the same person.
This confusion likely stemmed from a spurious reference in J.O. Randell’s book, which contributed to misleading theories about Christie's true identity. However, primary sources and official records confirm that Francis Christie, alias Clarke, later widely known as Frank Gardiner, was the same man all along.
 |
| Early woodcut of Frank Gardiner, The Bushranger. c. 1861. |
During his time in the Abercrombie, Goulburn, and Fish River regions, Francis Christie forged a close and enduring friendship with William Fogg, an ex-convict with a long history of brushes with the law.
Originally from Colchester, England, Fogg had worked as a factory boy before falling afoul of the law. In 1832, he was sentenced to seven years for stealing hats and transported to New South Wales.
- By 1840, he had received his ticket-of-freedom.
- He eventually married Mary Taylor and settled in the remote Fish River region, where he quickly became known for his criminal tendencies.
Fogg’s Criminal Reputation
Fogg’s infamy spread across southern NSW, particularly in regions such as Abercrombie, Wheeo, and Bungendore. His name became closely associated with theft, and he later developed a strong alliance with the notorious bushranger John Peisley during the 1850s, further embedding himself in the criminal underworld.
Despite his constant police scrutiny, Fogg repeatedly avoided conviction, solidifying his reputation as a cunning and elusive character.
One such incident occurred in 1845, when he was accused of stealing brandy. Though authorities had him under close watch, Fogg managed to escape punishment, once again slipping through the cracks of the colonial justice system.
Though Fogg operated on the fringes of society, he and Christie formed a deep bond, likely built on their shared status as ex-convicts and outcasts. By this time, Christie—now operating under the alias "Gardiner"—was a fugitive, living as a prisoner at large.
Despite their outlaw status, the two men found solace in each other’s company, united by their common experiences and mutual defiance of the law. Their friendship endured over the years, their paths crossing repeatedly as they navigated the lawless frontier of New South Wales.
Francis Christie's familiarity with John Peisley predated their time together at Cockatoo Island, primarily due to their mutual association with William Fogg. Their paths had crossed long before imprisonment, establishing a criminal network that would later influence their bushranging careers.
Peisley was imprisoned for horse stealing and stood trial on July 13, 1854, just four months after Francis Clarke (formerly Francis Christie) had been convicted of horse theft and sent to Cockatoo Island in March 1854.
Interestingly, many of Fogg’s legal affairs, as well as those of his associates, were handled by Solicitor Mr. Holroyd, a prominent lawyer who also served as a Member of Parliament for the Bathurst constituency.
Holroyd’s legal influence extended beyond representation; in 1881, he rose to the position of Justice of the Supreme Court, cementing his power within the legal system.
The connections between Christie, Peisley, and Fogg highlight the intricate web of individuals involved in illicit activities, where criminal figures and legal professionals occasionally intersected. This interplay between law and outlaw suggests that influence, connections, and strategy played a crucial role in navigating the colonial justice system, even for those on the wrong side of the law.
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 unction. 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.
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| Certificate of License, Henry Prior, Goulburn 1853. New South Wales, Australia, Certificates for Publicans' Licenses, 1830-1849, 1853-1899 |
Consequently, Chief Constable Robert McJannett, armed with the letter and entering it into evidence, moved to arrest Francis Christie, who had dropped the Christie for Francis Clarke and his accomplice Edward Prior. When arrested Christie was found to have had £5 5s upon him and Prior £25; 'The Sydney Morning Herald', Tuesday 21st March 1854 reported:
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| Robert McJannett. New South Wales, Australia, Returns of the Colony, 1854. |
 | |
| Hart's Royal Hotel, c. 1849. Courtesy Yass & District Historical Society. |
During the proceedings surrounding Clarke’s release, another officer, Constable John Pagett, made a significant revelation. He stated that he had previously known Francis Christie in Goulburn around 1851–1852, but under the aliases "Clarke" and "Gardiner."
This statement further confirmed Christie’s long-standing use of multiple identities, reinforcing that Clarke and Gardiner were indeed the same man. However, despite this key piece of testimony, it did not hinder his release, as by then, the petition for his Ticket-of-Leave had already gained official approval.
Whether this information was ignored, overlooked, or considered irrelevant remains uncertain. What is clear, however, is that Christie had once again managed to slip through the cracks, using his wit, deception, and well-placed influence to secure his freedom. (The revelation by Pagett eliminates Francis Christie from the 1853 McIvor gold robbery as will be highlighted further in this manuscript.)
Saturday 18th March 1854
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Francis Clarke and Edward Prior entered on 30th March 1854. Clarke received 14 years on the roads and young Prior to 3 years Parramatta Gaol. Note here Boro Creek as Clarke's native place. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930.
|
Following his sentencing at Goulburn, NSW, Francis Clarke/Christie—received seven years for his first charge. However, in an unusual legal decision for the time, the second sentence of seven years was ordered to be served consecutively, rather than concurrently, bringing his total punishment to fourteen years of servitude.
This rarity in sentencing suggested that the court sought to make an example of him, imposing a harsher-than-usual penalty to deter further horse theft and bushranging.
Initially, Christie was sent to Darlinghurst Prison, but was soon transferred to Cockatoo Island, a notoriously harsh penal settlement where convicts endured grueling labour under brutal conditions.
With fourteen years of imprisonment ahead, Gardiner was officially placed into the custody of Senior Constable John Pagett, a respected member of the Goulburn police force. Pagett later remarked on his dealings with Gardiner, recalling:
 |
| John Pagett New South Wales, Australia, Registers of Police Employment, 1847-1885 for John Pagett |
From 1839 to 1872, Cockatoo Island served as one of the harshest penal establishments in the colony, reserved for hardened criminals and repeat offenders who had failed to conform elsewhere. Its brutal conditions and forced labour were designed to break the spirit of those sent there.
During its most infamous period, Charles Ormsby served as Superintendent (1842–1859), overseeing the island’s strict discipline and ensuring that its reputation as a place of suffering and punishment remained intact.
For Francis Clarke/Christie (Frank Gardiner), arriving at Cockatoo Island marked the beginning of an uncertain and grueling ordeal. The weight of his fourteen-year sentence loomed over him, but perhaps even more unsettling was the possibility that his past escape in Victoria could be discovered. If revealed, it could lead to further punishment or extended confinement. Even a return to Victoria.
Despite this risk, Christie kept a low profile, beginning his sentence quietly, avoiding trouble, and blending in as just another convict. But life on Cockatoo Island was unforgiving, and many men succumbed to its harsh conditions. Even for hardened criminals, the island’s relentless labour, isolation, and brutality could break the strongest of spirits.
 |
Francis Clarke Cockatoo Island Penal Establishment Cockatoo Island: Transportation Registers, 1853-1855
Life at Cockatoo Island was as rigidly regimented as any other New South Wales prison facility. A convict did not need to be a violent offender to end up there—offenses like horse theft, though serious, were enough to warrant imprisonment in such a harsh penal environment.
However, Francis Clarke/Christie found himself somewhat fortunate compared to others. During this period, many new convicts were being redirected to Newcastle, where they were forced to labour on the breakwater being constructed in the harbour. This gruelling and dangerous task proved fatal for some, making Cockatoo Island, despite its own hardships, a better alternative. Christie's luck held, and he avoided the perilous transfer.
Although Christie adapted to prison life, the island’s proximity to the Sydney Harbour shoreline undoubtedly made escape a lingering thought. With every passing day, he bided his time, waiting for the right opportunity to break free.
During his first year on Cockatoo Island, Christie was disciplined twice for misconduct:
- First Infraction – He was confined to the cells for three days for misbehavior.
- Second Infraction – A foiled escape attempt.
In the latter incident, Christie and another convict, Joseph Roberts, were caught loitering in the lumber yard, having hidden there for several days—likely in an attempt to slip away unnoticed. However, their plan failed, and Christie was forced to endure yet another setback.
Despite these early transgressions, his determination to escape was far from extinguished.
Unlike free workers, Francis Clarke (formerly Francis Christie, later known as Frank Gardiner) received no wages for his labour at Cockatoo Island. Faced with the harsh demands of penal servitude, he soon developed a reputation as a malingerer, feigning illness to avoid his assigned duties.
Before long, Clarke was frequently seen concocting ailments, skillfully exploiting the prison system to his advantage. He became a regular presence at the prison infirmary—known among inmates as the "Invalid Bank"—where convicts feigned illness to escape work assignments.
Frank knew how to milk the system, using every trick at his disposal to minimise his suffering and bide his time for the right moment—perhaps with escape still firmly on his mind.
Although facing a long period of incarceration Clarke apparently keep much to himself and was noted as polite and respected;
Furthermore, Clarke was gifted with artistic talent (see bottom of this page), demonstrated when in 1865 he inscribed through exquisite calligraphy a Bible to his future lover Kitty Brown currently displayed at Young, NSW. He was also noted as talented in other areas, namely Bone Carving. He was also excellent at Arithmetic;
Attempted Escape Cockatoo Island
For Francis Clarke (Frank Gardiner), escape from Cockatoo Island was a constant fixation—an idea that played on his mind daily. However, any attempt at freedom posed immense dangers, including:
- Treacherous currents surrounding the island, capable of dragging an escapee to their death
- Jagged oyster shells littering the rocky shorelines, cutting through flesh
- Sharks patrolling the waters, adding another deadly risk
- Armed guards, always watchful for fleeing convicts
Yet, these dangers did not deter desperate men from attempting the perilous swim to freedom. Many tried; many failed.
Francis Clarke was among those who dared—making two known escape attempts. Like so many before him, he fell into the category of failures.
An account of Frank's attempted escape later surfaced from a fellow prisoner who had served alongside him. This insider’s perspective provides a rare glimpse into Frank’s early days in prison and his efforts to flee Cockatoo Island.
The account only emerged after Gardiner’s release and subsequent deportation in 1874. Though the author’s real identity has been lost to history, he wrote under the pseudonym "Old Hand."
This firsthand recollection was published in the Freeman's Journal on Saturday, 26th May 1877, chronicling Clarke’s daring, but ultimately doomed, escape attempts.
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. |
Leveraging his confidence, self-assurance, and natural charisma, Clarke set about applying for an early release. His gift of persuasion proved invaluable, as he sweet-talked his way into securing leniency, convincing the authorities to consider his case favorably.
While Clarke’s personal charm played a role in his early release, it is highly possible that his family’s influence worked behind the scenes. His three devoted sisters had never wavered in their support, and it is likely that they lobbied on his behalf, urging the powers that be to show him mercy.
Although he was convicted under the name "Clarke," there is little doubt that correspondence between him and his family continued throughout his imprisonment.
Years later, when Gardiner was eventually deported from Australia, his three sisters once again fought for his freedom. Their relentless efforts resulted in his release after serving just ten years of a thirty-two-year sentence—a testament to the unwavering loyalty and influence of family ties.
Note: Frank's 1874 release was primarily achieved through his three devoted sisters. Government documents use both Clark and Clarke
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| Francis Clark (Christie) Ticket-of Leave, December 1859. NSW Reports of Crime. |
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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. |
During the early years of his incarceration and later scrutiny for parole, Frank Gardiner (then known as Francis Clarke) managed to evade additional punishment due to a significant oversight—his outstanding Victorian warrant remained unchallenged.
For reasons unknown, authorities failed to link Clarke to his past crimes in Victoria, allowing his true identity as Francis Christie to go unnoticed. Had his "Victorian adventure" been exposed earlier, it is likely that he would have faced further charges and an extended sentence.
However, Clarke’s luck held, and the truth of his past only surfaced after his release in May 1874—by which time it was too late to act upon it.
Despite the outstanding Victorian warrant, the matter seemed to fade into obscurity, never being actively pursued by authorities. Whether due to administrative oversight, shifting priorities, or lack of jurisdictional enforcement, Clarke (Frank Gardiner) ultimately avoided facing justice for his Victorian offenses.
Although Clarke had fourteen years of hard labour ahead of him, one might have expected his criminal career to end there. However, fate had other plans.
In 1858, while Clarke remained imprisoned at Cockatoo Island, his stepfather, Henry Munro, made significant changes to his own life. He sold part of his extensive landholdings in Portland and moved to a new station near the Ararat gold diggings in Victoria.
Munro’s relocation aligned with the booming gold rush, suggesting that he was seeking fresh opportunities in an era of rapid economic and social change—a period that would soon see Clarke’s own fate take a dramatic turn.
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| Francis Clarke, Ticket of Leave. 1859 Never before published. |
John Taylor, the clerk at Cockatoo Island, later recalled this moment, offering insight into Clarke’s transformation during his time at the notorious penal settlement:
There is little doubt that Frank Clarke (Francis Christie, later Frank Gardiner) charmed the officials who granted him a Ticket-of-Leave, despite his documented record of misconduct at Cockatoo Island. His silver tongue and calculated demeanour convinced the authorities that he was reformed, allowing him to secure an early release.
Unbeknownst to those in power, Clarke’s spokespersons were nothing more than unwitting pawns, duped into vouching for him. His petition for release had been meticulously orchestrated, likely with the influence of William Fogg, a seasoned manipulator with deep connections in the Fish River district.
Fogg, known for his ability to call in favors from shady associates, may have played a critical role in stacking the deck in Clarke’s favor. Using his network of dubious contacts, he likely rallied support for Clarke’s petition, ensuring that his "champions" appeared credible to the authorities.
The thoroughness of Clarke’s so-called reform campaign was so convincing that even Inspector of Police J. McLerie—one of the most respected law enforcement officers in the colony—approved his release.
What should have been a justifiable denial instead became a resounding success for Clarke, allowing him to walk free under a conditional pardon, once again proving his mastery of deception and manipulation.
Ironically, the very Inspector of Police J. McLerie—who had originally issued and promulgated Francis Christie’s warrant for his escape from Pentridge in 1851—was now instrumental in promoting his freedom.
This contradiction raises serious questions about how Gardiner (formerly Christie, alias Clarke) managed to manipulate the system so effectively. Whether McLerie had forgotten, overlooked, or deliberately ignored Christie's past remains unknown, but his endorsement played a pivotal role in securing Gardiner’s conditional release.
Once again, Gardiner’s cunning and well-placed allies had ensured that justice worked in his favor rather than against him, allowing him to walk free despite his criminal history.
So bold and confident was Francis Christie (alias Franics Clarke) that he managed to persuade even those he had wronged—including Mr. Reid and Mr. Barker, whom he had stolen from in 1854—to speak on his behalf in support of his release.
This remarkable act of manipulation and charm showcased Gardiner’s unparalleled ability to turn former victims into allies, further reinforcing his rogue influence.
The extent of his persuasive power was highlighted in the Illustrated Sydney News on 16th July 1864, which documented how Gardiner’s former targets had been convinced if duped to advocate for him, ensuring that his case for leniency gained further traction.
With this level of influence, it is little wonder that Gardiner consistently outmanoeuvered both the law and his enemies, securing his freedom through sheer wit and audacity.
A copy of those who facilitated Clarke/Gardiner's release:
ISAAC SHEPHERD, J.P., Wheeo
JOHN REED, grazier, / Prosocutor
EDWARD BARKER, grazier, / Prosocutor
FRANCIS HARRIS, grazier.
WILLIAM FOGG, grazier.
WILLIAM ATKINS, grazier
CHARLES AUGUSTUS HOWARD, grazier.
RICHARD TAYLOR, grazier
HENRY NEWMAN, grazier.
Note: Richard Taylor is Fogg's brother in law and the man who took Kitty Brown to New Zealand, where Kitty ultimately took her own life. Taylor was recorded as abusive toward Kitty.
Upon his release from Cockatoo Island in 1859, Frank Gardiner nominated Carcoar as his designated 'Ticket-of-Leave' district, a decision largely influenced by the residence of his old associate, William Fogg.
Upon arriving in Carcoar, Gardiner made inquiries at the police office regarding Fogg’s whereabouts, only to learn that Fogg had left for the upper reaches of the Lachlan River in Georgiana County.
At the same time, Gardiner was sternly reminded that, as a 'Ticket-of-Leave' holder, he was strictly forbidden from leaving the Carcoar district under any circumstances.
Despite this clear directive, Gardiner wasted little time in heading toward Abercrombie, intent on tracking down William Fogg. His decision to defy authority so soon after his release foreshadowed his inevitable return to lawlessness, as he sought to reconnect with old allies and reestablish his foothold in the district.
On March 18, 1860, Frank Gardiner and an accomplice, fitting the descriptions of the two notorious bushrangers, intercepted the Cooma Mail Coach 13 miles from Queanbeyan. The coach was carrying mail from Cooma, Queanbeyan, Nimitybell, and Bombala, and had two passengers, Mr. Rannegar and Mr. Stewart. The bandits forced the passengers off, tied them to a tree, and robbed them of their watches before fleeing successfully.
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| Police Gazette Peisley |
Following a series of suspected robberies, Frank Gardiner parted ways with John Peisley, distancing himself from his one-time criminal associate. Instead, he joined William Fogg, and together, they moved to Lambing Flat, drawn by reports of lucrative gold discoveries in the region.
However, Gardiner’s past continued to catch up with him. Magistrate Beardmore of Carcoar was well aware of his criminal activities, particularly his suspected involvement in the Cooma mail robbery. Beardmore claimed that a ten-pound note, stolen from the Cooma mail, had been traced directly back to Gardiner, further solidifying suspicions against him.
With substantial evidence accumulating and multiple charges looming, Gardiner had every reason to leave the area before authorities could act against him.
Despite the mounting pressure, Gardiner now under an alias of Francis Jones and Fogg attempted to establish a new venture in Lambing Flat, hoping for a fresh start amid the gold rush excitement. The goldfields provided anonymity, a place where men reinvented themselves, and where past crimes could be concealed beneath the chaos of a booming mining town.
Some speculation exists that Gardiner may have ventured to the Kiandra gold diggings upon his release in 1859. However, this assumption is entirely unfounded, as there is no evidence to support any connection between Gardiner and the Kiandra goldfields.
Instead, his movements were firmly tied to Lambing Flat, where he sought both refuge and opportunity.
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|
Sir
John Young |
In 1860, before his ticket was cancelled by the NSW Govenor Sir John Young, Gardiner had cunningly petitioned for a full pardon, using the names of prominent individuals as references without their knowledge or consent. Christie, also known by other aliases besides Jones such as Clarke his Cockatoo Island identity and Gardiner, clearly had a knack for deception and illicit activities like horse and cattle theft, which seemed to be in his DNA.'The Brisbane Courier' Monday 18th July 1864;
In December 1860, holding then a ticket-of-leave for Carcoar, Gardiner petitioned for a pardon. His application was strongly recommended by "Isaac Shepherd, J.P., Wheeo," and eight others of that neighbourhood, and was accompanied by various certificates, as to his having been "led astray by others," when a very young man, &c. &c. These papers were sent to the Chief Justice, who thereupon suggested further inquiry. Accordingly, the Police Magistrate of Carcoar; was referred to for a report, and he stated, that ever since March 1860 Gardiner had been generally suspected of being concerned in various robberies in the neighbourhood, and that, a warrant was actually then out against him for cattle stealing. On the 14th May, Gardiner absconded from his bail, and became a bushranger.
Unfortunately for Frank Gardiner (Francis Christie), his bold attempt at securing a full pardon came undone when his deception was uncovered. The Magistrate of Carcoar, Mr. Beardmore, played a crucial role in exposing Gardiner’s fraudulent scheme, ensuring that his petition did not succeed.
.png) |
|
Isaac
Shepard, Jun, J.P. |
However, when questioned about his alleged support for Gardiner, Shepherd outright denied any involvement, stating in 1864 that he had never provided such a letter nor endorsed Gardiner’s plea for clemency.
Mr Isaac Shepherd, jun., J.P. of Wheeo, asserts that his signature which appears to a document by which Gardiner first obtained his ticket-of-leave, is a forgery.
This revelation discredited Gardiner’s entire application, proving that he had fabricated references to manipulate the authorities. Once again, his gift for deception had failed him, and his hope for a pardon was completely dashed.
This incident further reinforced Gardiner’s long-standing tendency to forge alliances through manipulation, a skill he had honed over the years in both criminal and legal dealings. Though he had previously outwitted law enforcement, this time, the legal system was able to see through his lies—at least for now.
By mid-1860, the goldfields were swarming with thousands of hopeful diggers, eager to strike it rich. The town was rapidly expanding, and suppliers of food and essential goods stood to make substantial profits.
Recognising this, Gardiner and Fogg established a butcher shop, setting themselves up as traders of beef amidst the chaos of the gold rush.
In June 1860, local stockman Michael Sheedy’s discovery of payable gold triggered what would become the largest gold rush in New South Wales history. By August, the gold field exploded in population, as thousands poured in, lured by the promise of untold riches.
Gardiner and Fogg quickly capitalised on the demand, using their criminal savvy and business acumen to trade in fresh meat. Their new venture allowed them to blend into the thriving community, maintaining a veneer of legitimacy—but for Gardiner, a return to crime was never far away.
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| Lambing Flat c 1862 |
Butchers Shop
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| Goldfield Butchers Shop | |
Among the notorious figures Frank Gardiner encountered was a young Canadian horse-breaker from Kilmore, Victoria, named Johnny Gilbert, who was working at nearby Marengo. Another key recruit was John O’Meally, a stockman from the rugged Weddin Mountains, who quickly became part of Gardiner’s growing operation.
To support their cattle-rustling enterprise, Gardiner employed several hardened local criminals who were accustomed to livestock theft. One such individual was John Bow, who was reportedly a “telegraph” for Gardiner.
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| John Davis c 1874 |
Originally a carpenter, Davis had previously worked for Patrick O’Meally—the father of John O’Meally—at Arramagong Station, where he had been involved in constructing the family’s home and hotel in the Weddin Mountains, about 25 miles northwest of Lambing Flat.
As the butchering business thrived, William Fogg brought in another dubious character—Thomas Matthews, who operated under the alias Thomas Richards and was known by the nickname "Double Dummy."
Matthews had a checkered past:
- An ex-convict, he had been released from Tasmania in 1850 after serving ten years of a fourteen-year sentence.
- He wandered through the Ovens River gold diggings, including Beechworth, Ballarat, and Castlemaine, where he was expelled for cheating at thimbles.
- He had murky ties to a brothel and had even faced rape charges in Adelaide.
Upon arriving at Fish River, NSW, Matthews soon made Fogg’s acquaintance and became part of the butchering operation at Lambing Flat. He was often referred to as “Tom the Butcher” or, by some, simply “Double Dummy”.
Matthews was well-connected including ties to a local grazier who sold beef to Gardiner John Maguire, a business associate of another future confederate Ben Hall. Later, Matthews would become a key informant regarding the 1862 Eugowra Gold Escort Robbery and was suspected of involvement in several of Gardiner’s earlier heists.
As law enforcement pressure increased, the Lambing Flat operation began to unravel. What became of Gardiner’s butchering enterprise and its key players was soon sealed in legend, as their criminal ambitions led them deeper into bushranging.
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| John Gilbert c. 1862 |
Despite their age difference, 13 years, the two quickly formed a close bond. Both originated from Victoria, with Gilbert hailing from Kilmore—a town that Gardiner was likely familiar with from his youth in Campaspe. Given their shared background, it is highly probable that they had mutual acquaintances, which may have helped solidify their trust in one another. Speculation that they became acquainted at Kiandra is without foundation due to Gardiner's incarceration at Cockatoo Island 1859.
By the time Gilbert and Gardiner crossed paths, Gilbert was already an experienced con artist, possessing:
- Exceptional horsemanship, making him invaluable in handling difficult livestock
- A sharp eye for profitable targets, always one step ahead of the law
- An intimate knowledge of the local geography, crucial at a time when fencing was rare and cattle frequently roamed unattended
- A reputation as a bush telegraph, always well-informed and financially comfortable, living in a Lambing Flat boarding house
Gilbert was not just a useful ally; he was an opportunist who knew how to survive. He was known to tip off his associates about potential victims, allowing Gardiner to capitalise on both legitimate and illegitimate dealings.
With Gardiner’s backing, Gilbert took on a key role—both legitimately purchasing and clandestinely acquiring cattle to sustain their butchering enterprise and cattle-stealing operations.
It was Gilbert who then introduced another young stockman, John O’Meally, into their ranks. With the Flat a raucous environment littered with hotels and dance halls could be assumed to be the circumstances that drew the two men together. O’Meally, already familiar with the rugged terrain of the Weddin Mountains and surrounding districts, including the cattle station of John Maguire and Ben Hall proved to be another valuable asset assisting Gilbert for cash in hand.
As the team expanded, Gardiner’s influence in Lambing Flat and beyond only grew stronger, setting the stage for a new era of organised bushranging.
Even
in those days’ butchers in a country town had price wars, and a butcher
employed Gilbert to buy cattle for him. For this purpose, Gilbert
visited the stations. At one he would buy so many heads of cattle; at
the next one he would probably take a similar number, so by the time he
handed them over to the butcher, he had quite a number for a very small
outlay. Of course, the butcher could then sell meat very cheaply, and he
made a fortune.
The butcher’s shop run by William Fogg and Frank Gardiner at Lambing Flat left a lasting impression on some of the early gold rush settlers. Among them was Mrs. Betsy Toms, one of the first residents of the Burrangong/Lambing Flat goldfields.
In her twilight years, Betsy reminisced about her time in the bustling gold township, recalling how she had known Christie under the name of Gardiner. Despite his infamous reputation, she spoke warmly of him, particularly noting his fairness in trade.
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| Mrs Betsy Toms c 1920 |
Her fond recollections suggest that Gardiner—despite his criminal undertones—knew how to charm people and maintain a respectable front.
A Lasting Soft Spot for the Bushranger
Even decades later, Betsy Toms held a soft spot for Gardiner, reflecting on him with surprising affection. Her words, published in the Wellington Times on Monday, 26 June 1922, serve as a testament to Gardiner’s ability to leave an impression—not just as an outlaw, but as a figure who, in some circles, was still regarded with admiration.
As Fogg and Gardiner’s butchering enterprise thrived, their illicit acquisition of cattle—known as being “on the cross”—inevitably attracted the attention of local law enforcement.
Leading the investigation was Captain Battye, a determined officer focused on curbing livestock theft. The suspicious origins of the stock sold at Fogg and Gardiner’s butcher shop had long raised eyebrows among authorities, and Battye was determined to crack down on suspected cattle thieves.
To combat widespread stock theft, Captain Battye began conducting regular raids on butchers suspected of dealing in stolen cattle. With Gardiner and Fogg under growing scrutiny, the police intensified their efforts, determined to unravel the full extent of their and other illicite operations.
The persistent pressure soon paid off, as law enforcement gathered enough evidence to confirm their suspicions—but rather than catching Gardiner on cattle theft, the law ensnared him on an entirely different charge.
In April 1861, Gardiner was finally apprehended at Spring Creek by Trooper Westacott. However, despite the ongoing investigation into his butchering business, the charge he faced was not cattle stealing—but horse stealing.
Once again, operating under multiple aliases—Christie, Clarke, Jones, and Gardiner—he had evaded one crime, only to be caught for another.
This arrest marked a pivotal moment, setting off a chain of events that would solidify his reputation as one of Australia’s most notorious bushrangers.
He was arrested at his shop at Spring Creek, brought into Lambing Flat, and charged at the Gold Commissioner's Court with horse-stealing.
Despite his arrest at Spring Creek in April 1861, confusion over Frank Gardiner’s true identity persisted. By May 1861, while being held in custody at Burrangong, Gardiner managed to deceive the authorities, convincing them that he was not the man they were seeking.
As a result, in a remarkable turn of fortune, he was granted bail—an astonishing outcome given his suspected criminal reputation.
Though a Scotsman by birth, Christie (alias Gardiner) seemed to have the luck of the Irish. Seizing his unexpected freedom, he wasted no time in disappearing, leaving Lambing Flat behind and making his way 100 miles east to Fogg’s farm on the Fish River, a trusted hideout. On Gardiner's arrest Fogg fled back to his property at the Fish River.
However, Gardiner's audacity and ability to manipulate the system were once again on display—what should have been a decisive arrest had instead become another narrow escape.
The local press took note of the extraordinary turn of events, and the Burrangong Miner’s news columns documented Gardiner’s release and sudden flight:
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| William Fogg 1813-1899 |
This hasty escape came at a heavy cost—the £400 bail money was forfeited, a staggering sum at the time, roughly equivalent to $33,000 today.
Despite his flight from Burrangong, Gardiner refused to remain silent. Frustrated by the accusations against him, he reportedly placed an advertisement in the Burrangong Miner, vehemently denying any wrongdoing.
In this public statement, Gardiner adamantly rejected the allegations of theft, insisting that they were completely fabricated—a desperate attempt to clear his name, even as he remained on the run from the law.
His boldness in issuing a denial while evading capture showcased his confidence, defiance, and ability to manipulate public perception—a trait that would define his bushranging career.
"Burrangong Miner" iJune, 1861:— ADVERTISEMENT: Sir,—Having seen a paragraph in the "Miner" and "General Advertiser," of 4th May, headed, Absconded from Bail, wherein I am charged with horse-stealing, I merely wish to inform the party, whoever he may be, that he is a willful and corrupt liar. FRANCIS GARDINER, The Accused. P.S.: I long for an interview once more with Samuel Westoocot.
After returning to William Fogg’s farm, news of Frank Gardiner’s whereabouts quickly reached Mr. Beardmore (1827–1910), the Magistrate of Carcoar. Intelligence reports suggested that Gardiner was hiding out along the Lachlan River at Fogg’s property and was now actively involved in a series of armed robberies alongside the notorious bushranger John Peisley.
With Gardiner now considered a serious threat, Beardmore ordered his immediate re-arrest, citing:
The existing warrant for suspicion of associating with Peisley
Sgt John Middleton wearing
his Silver Bravery Medal
awarded for Gardiner's
capture. Middleton
was dismissed from the
police, but was
subsequently reinstated.
Coloured by me.- His parole violation, as he had fled his assigned district of Carcoar
On July 16, 1861, Sergeant Middleton and Constable Hosie—two highly regarded officers of the Carcoar police district—were tasked with tracking down and apprehending Gardiner.
Both officers had extensive experience policing the region, which extended to Trunkey, a gold-mining town notorious for its bushranger activity. They had already built a reputation for their relentless pursuit of outlaws, particularly those associated with John Peisley, one of the most feared bushrangers in the area.
Their dogged efforts in combating bushranging had led to the capture of several criminals, earning them considerable respect in the district.
With Peisley’s gang causing havoc and Gardiner now actively participating in bushranging, Middleton and Hosie knew they had to act swiftly. Their successful capture of Gardiner on July 16, 1861, was later reported in the Goulburn Herald on Wednesday, March 6, 1861, solidifying their reputation as skilled lawmen.
The district around is, I am sorry to say, in a state of more insecurity, than at any previous period for some time past, bare-faced robberies and sticking up, seem to be the rule and not the exception. Our police force consists at present, of one serjeant, and one trooper, who have quite enough to do to keep matters right among the settlers, by protecting, or rather I should say, hunting after the villains, who have lately been levying black mail at Trunkey, or the Abercrombie, and the surrounding neighbourhood. The notorious Peisley has it appears, in concert with other villains been robbing right and left, and on Friday morning early, or rather, between Thursday night and Friday morning, our indefatigable sergeant Middleton, with trooper Hosie, brought in two men with whom they previously had some acquaintance; having some days since accidentally fallen in with them, and passed them by as honest men, but subsequently finding they were deceived, again tracked them, but only found their horses and swags, which they conveyed to Carcoar, and upon investigation the proceeds of a small robbery belonging to a travelling jeweller appeared among the contents.
Ever on the alert, Middleton has at last secured these two worthies, and has started with them for Carcoar. It would be premature to say more just now, but there can be no doubt but they are connected with recent robberies. Stapleton, a publican at Trunkey was robbed of a large sum of money; the like misfortune happened some Chinese on the Abercrombie; Gunning Flat has had the compliment paid and probably time will reveal a few more localities. When Middleton seized the men referred to, they were armed to the teeth, and too much credit cannot be given to him and Hosie for the zeal and promptness with which they do and are ever ready to discharge their duties. It is to be lamented that we have no unpaid J.P. anywhere near us, our P.M. lives 30 miles away, and visits us but once a month.
It is to be hoped that so extensive a district as that of the Abercrombie will not be left so unprotected as at present, but that the hands of sergeant Middleton will be strengthened to enable him to extend his protection to the settlers, and to spare some of his force to unkennel the villains who lurk about this district. - Tuena, March 1861.
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| William Fogg. 1813-1899. |
Following their intelligence reports, Sergeant Middleton and Constable Hosie set their sights on a well-known local figure—William Fogg, a seasoned rogue and trusted ally of Frank Gardiner.
Their suspicions led them straight to Fogg’s farm, located along what is now Fogg’s Crossing Road. Known locally as "Fogg’s Humpy," the property had a well-earned reputation as a haven for outlaws and drifters.
More than just a homestead, Fogg’s farm doubled as an unofficial bushranger’s refuge. It was:
- A secluded hideout, far from the reach of the police, who rarely patrolled the rugged back-blocks
- A black-market operation, where homemade tonics of rum and brandy could be bought for a fee
- A safe place for fugitives, offering a warm bed on frigid nights to those willing to pay for protection
William Fogg was no small-time bushman—he held several land leases across multiple counties, including:
- King County (Goulburn): 37 acres
- Georgiana County (Bigga): 41 acres
- Carcoar County: 1,150 acres, leased at £8 and 15 shillings per year
This expansive network of properties gave him plenty of cover to aid fugitives like Gardiner, making it difficult for law enforcement to track their movements.
With Fogg’s farm now firmly in their sights, Middleton and Hosie prepared to close in on Gardiner, knowing that his capture would be no easy feat.
By June 1861, William Fogg had returned from Lambing Flat to his remote farm on the Fish River, bringing Frank Gardiner with him. Unbeknownst to them, their movements had not gone unnoticed.
Though Sergeant Middleton had never been to Fogg’s farm before, Constable Hosie knew it well. His familiarity with the area—and the notorious reputation of Fogg’s property as a gathering place for criminals—led the troopers to suspect it would be a likely hideout for Gardiner.
Trusting their hunch, Middleton and Hosie set out for Fogg’s hut on a cold and misty morning, rain falling steadily as they rode through the rugged bushland.
Between 10 a.m. and 11 a.m., they arrived at Fogg’s property, nestled on the banks of the Fish River. The scene was eerily quiet, with only the drizzle and distant sounds of the river breaking the silence.
With their suspected target likely inside, Middleton and Hosie prepared to make their move, knowing that arresting Gardiner would not be easy—especially if Fogg had no intention of giving up his old friend without a fight.
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| Frank Gardiner c. 1861 |
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| Fogg's Hut. This is not the original home but built over the old Hut site c. 1867. Photo c. 1920s |
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| Reward Notice 1861. NSW Police Gazette. |
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| Dramatisation of Gardiner and Hosie encounter at Fogg's. Dan Russell, 1952. Courtesy NLA |
Far from dying and the brawl at Fogg's. Gardiner fled to the Weddin Mountains. However, prior to serving time at Cockatoo Island, Gardiner/Clarke became acquainted with one John Peisley. Both had a common friend, William Fogg. John Peisley hailed from the O'Connell Plains near Bathurst, born in 1834. Peisley and his family were well known to the police and faced court at various stages but inevitably escaped conviction. However, his father was sent down over a bull theft from prominent landowner Mr Icely of Coombing Park.
Sentenced to seven years at Cockatoo, Peisley's father reputedly died in prison before completing his sentence. The Peisley home was noted as a home for a 'den of thieves.' In February 1852, Peisley was arrested for stealing two horses from Mr Patrick Kurley. However, two years would pass before Peisley fronted the court. After all the evidence, the jury retired and returned a guilty verdict shortly after. Peisley was sentenced to five years at Cockatoo Island.
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| John Peisley, Ticket-of-Leave, 1857. New South Wales, Australia, Tickets of Leave, 1810-1869. Never before published. |
After three years, in 1857, Peisley was released on a 'Ticket-of-Leave' for the Goulburn district, which included Fogg's new residence in the Abercrombie. By 1860 Peisley built a reputation as a bold Highwayman canvassing the tracks surrounding Cowra, Burrangong, Fish River, Taralga, Trunkey and other settlements near Goulburn. Peisley had become well known as a heavy drinker and reputedly held up travellers while under the weather. He was described as;
I am, Mr. Editor,
 |
| Note for Execution of John Peisley. New South Wales, Australia, Sheriff's Papers 1829-1879. |
Shortly after the killing, the scoundrel was taken near Tarcutta and set to trial. 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!
Execution of the Condemned Criminals
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| 4th June 1862 |
Unfortunately, Hosie could not shake off the doubt. Whereby widely discredited, he was ultimately dismissed from the NSW Police force in June 1862 without investigation nor due process or recourse. Gardiner would admit that indeed Fogg and Barney scrounged up the £50 and some shillings for Hosie. However, as in that period, the NSW government did not wish for a scandal, which might include impugning the newly created NSW police force's image, which came into effect on 1st March 1862. (See clipping above.)
POLICE OFFICE.
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| Middleton reduction in rank following reinstatement 1st September 1863. NSW Police Gazette. |
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| Wearing his Silver Medal |
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| Justice, Edward Wise (1818-1865) Courtesy NSW State Parliament. |
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| Mary Fogg. 1826-1907. |
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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. Courtesy Private source. |
Though the face presented to the road does not though steep, present any very particularly formidable barriers to the pursuit, then are other parts of the range that are exceedingly rocky and precipitous, being, moreover; covered by a dense undergrowth or scrub, rendering pursuit unless by tracking, an almost hopeless task. It was upon this account that Gardiner made it his head-quarters, and until the police made up their minds to stick, persistently to his tracks, he found it a very comfortable position to take up. His friends, if such men have friends, were all round him, and he could go from the house of one to that of the other, as circumstances might suit, or it compelled to lie concealed, could always draw his supplies from them. By rooting out the confederates of the bushrangers, this position is no longer a tenable one for them, as their supplies are cut off. This fact, coupled with the knowledge that the police have obtained of the locality, may account for the wide berths that Gilbert and Co. have given to the favourite haunt of their predecessor.
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| Wheogo Homestead c. 1930 |
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| Bridget Hall c. 1860 Penzig Collection |
CORRESPONDENCE
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| NSW Police Gazette Reports of Crime 20th May 1861. |
Sir Frederick Pottinger
.jpg) |
| Sir F Pottinger |
Moreover, throughout the detailed map. The police furnished insight and opinion regarding the character of those considered criminal or just plain reprehensible who were known protectors of 'The Darky'. However, two names on the highly confidential map are, surprisingly, the young wife of Ben Hall and her sister, Mrs Catherine Brown. Both are noted as 'bad', and at one farm on the map, it states;
Gardiner was known to attend Yorkshire Jack's as it doubled as a well-known sly-grog shop. The police map provides a clear insight into the close ties both married 'wild Weddin girls' Kitty Brown and Bridget Hall had with many of the shady characters earmarked by the police. However, one of Gardiner's mates would destroy Ben Hall's marriage and drive the mild-mannered squatter into a dissolute life that would end in a barrage of bullets four years later.
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| Flamboyant Claude Du Val. by William Powell Firth (1819-1909) |
The police in constant search and on alert were always one step behind the Darky as he covered the districts with ease. Gardiner was irrepressible. The newspapers often characterised him in the mould of the famous and cavalier 17th-century French-born English highwayman Claude Du Val (b.1643-d.1670) or another 18th century famous English highwayman Dick Turpin (1706-1739);
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| The Australian Dick Turpin. Gardiner's Flight. Courtesy, State Library of Victoria. |
Furthermore, Gardiner was the first bushranger to embrace the press' power to enhance his burgeoning celebrity status all regularly highlighted through the volumes of newspapers and stories ferried by the new 1860s internet, the Electric Telegraph. Much like the Beatles success through enhancing the emerging power of Television. 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;
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| Sydney Telegraph Office 1861 |
Furthermore, when confronted with an infringement that would put a mark against him in the eyes of those settlers, Gardiner would quickly rectify the situation;
Therefore, even those stripped of all their valuables and cash were never left without a silver shilling for the road, a coin Gardiner never accepted. All these actions enhanced Gardiner's image and prestige;
However, Gardiner did not discriminate with former friends either, with cases recorded of his robbing both those close and former acquaintances from Lambing Flat was a common practice. Robberies conducted without any malice or vindictiveness, after all, it was just business;
Gardiner, having fully recovered from the gunfight and struggle at Fogg's farm and in the throes of a sizzling love affair with the beautiful blonde haired Catherine in full bloom. All roads and tracks surrounding the Goldfields at Forbes, Lambing Flat and the Weddin/Pinnacle Mountains were now under Gardiner's domain as he leapt into bushranging.
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| Kitty reputedly in action with Gardiner. c. 1862 |
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| John 'Warrigal' Walsh in company with Frank Gardiner December 1861. NSW Police Gazette, 1862. |
Note: There is no doubt that on the occasion of Gardiner requiring extra capacity to carry the remains of the gold haul from Eugowra that the Warrigal carried out the ride to Maguires to procure saddlebags and was seen by Sgt Sanderson. The event has long been attributed to John Gilbert. However given his roles for Gardiner both before and after the robbery the Warrigal was Gardiner's gofor, supplying victuals and grog from Wheogo homestead.
Sadly, the Warrigal's relationship with Gardiner would cost him his life at age 16 in March 1863 following his arrest at his sister Kitty's home in August 1862, incarceration covering many months at the primitive Forbes lock-up. John Walsh died from Gaol Fever. (Typhus fever.) (For full details, see Ben Hall Pt. 1.)
Dick Turpin or Claude Du Val?
The coolness and ease demonstrated by Christie/Taylor/Clarke/Jones/Gardiner, whose widespread reputation had morphed him into Frank Gardiner, conducted his robberies with a certain flair and aplomb, which became his trademark. Gardiner's politeness enhanced his reputation when dealing with the women faced with a revolver at their breasts. Gardiner was calm and often humorous. His avoidance of capture was not only an insult to the NSW government and police but was a result of his strong friendships with the cockatoo squatters and shanty keepers. Including two new rapscallions in crime, the wild John O'Meally and handsome John Gilbert;
The nexus of locals included the ever-present and willing bush telegraphs, who on horseback and foot scoured the towns and villages for news of prospective victims for a reward or a morsel of booty from the celebrated bushranger. One bush telegraph was John Bow, a local stockman on John Nowlan's station near Bimbi, Weddin Mountains and participant in the Eugowra gold heist.
However, as they say, actions speak louder than words, as described in the article below. Two local Lambing Flat businessmen brandishing some tough talk unknowingly however were in Gardiner's presence at a local shanty were introduced to the Darkie personally when Frank identified himself. The men melted into a nervous quiver.
COUNTRY NEWS BURRANGONG
JOTTINGS ABOUT MEN AND THINGS AT LAMBING FLAT
Nevertheless, recruits, such as John Gilbert, John Davis, Jack O’Meally and Pat M'Guinness and others, all gravitated to 'The Darky', reputedly nicknamed by his muscular, athletic build dark-complexioned handsome looks as well as a love of the dark arts ... 'Fortune Telling'. The band of marauders commenced waylaying travellers daily on the roads between the Burrangong and the Lachlan gold diggings at Forbes. However, one of the most successful and most rewarding robberies for the bushranger was the bailing-up of two storekeepers on the 10th March 1862. After months of small takings, Gardiner hit pay dirt.
Gardiner's victims were Alfred Horsington (Hossington) his wife Sophia, and Henry Hewett. The businessmen were stopped near Big Wombat south of Lambing Flat. Alfred Horsington knew Gardiner by sight, saying in 1864:
However, later when captured and while in the dock at the Sydney Criminal Court at Darlinghurst in 1864. Frank Gardiner pleaded Guilty to the charge of Highway Robbery against Horsington and Hewitt, but took umbrage at the evidence put forward by his victims. In a letter to the judge, Chief Justice Alfred Stephen, Gardiner cast doubt over the victim's claims. Gardiner, in fact, stated that there were five in number, not four. The fifth man may have been Samuel Dinnir (Dinner), a well-known hoodlum of the district released from Bathurst Gaol in 1860; from the Yass Courier:
Gardiner stated that only two of the bushrangers involved remained alive during the court proceedings since the events. At the time of the 1864 trial, Pat M'Guinness had been shot dead. John O'Meally also shot dead, and John Davis, unmentioned previously, was serving a fifteen-year sentence and was descending into madness. Whether by design or mischievous intentions, Gardiner hints that Gilbert was not a participant.
Furthermore, Gardiner stated that the robbery was conducted much later, being some six weeks later. However, contemporary accounts in March 1862 were not fabricated and explicitly stated the events were on the 10th March 1862. A statement the court appeared disinterested in verifying, no doubt as the Highwayman had pleaded guilty to the charges.
Robberies mentioned above would have no doubt have included Ben Hall, Gardiner's newest compatriot. Ben Hall's link to crime with Gardiner dates back to 1861, evidenced when a mail contract rider was held up in 1863 by Hall and John Gilbert confirming the early link. 'Geelong Advertiser' December 1863;
The robbery of the storekeepers generated outrage, highlighted in the 'Sydney Morning Herald' article of the 15th March 1862, after the bushrangers had escaped with over £1500 in cash and gold;
Gunfight at Brewers Shanty - Davis falls
Following the robbery at Horrsington, Gardiner swiftly resurfaced at the Pring's farm near Lambing Flat. Accompanied by his notorious companions - O'Meally, Gilbert, Ben Hall and Davis - Gardiner immediately made himself at home. In an audacious display of audacity, he requested refreshments and demanded weapons. So assured was he that Gardiner even asked one of the terrified occupants to play the piano, turning the high-stakes robbery into a bizarre social gathering. They took some brandy and water before Gardiner and his gang, armed with the Pring's firearms, left as abruptly as they arrived.
Gardiner's primary interest in weapons may have been his ongoing plans for the imminent robbery at Eugowra, also known as the gold coach robbery. Keeping a keen eye on the proceedings, Gardiner made sure to arm his gang adequately, thus preparing for their next major heist. Yass Courier, 12th April 1862.
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| John Davis 1871 |
THE LATE DESPERATE ENCOUNTER WITH BUSHRANGERS
With Davis' capture, and Gardiner's newest chum Ben Hall was also arrested, this appeared in the 'Empire';
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| Gardiner, seated left. |
But Gardiner, ever the strategist, promptly replaced Davis with John Gilbert. Gilbert, much like Davis, was a brave and daring individual, an expert horseman, and, most importantly, unwavering loyalty. His intelligence and joyful personality closely mirrored those of Davis, making him the perfect candidate to fill Davis's shoes. With Gilbert, Gardiner's gang was ready to resume their notorious exploits. The gang, despite the setback, adapted and persevered, embodying the chaotic and resilient spirit of the bushranging era.
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| Paddy Connolly, mate of Gardiner's. |
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| John Davis sentence commuted. November 1862. Sheriffs Papers. |
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| John Davis Prison Portrait 1871. New South Wales, Australia, Gaol Description and Entrance Books, 1818-1930. |
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| Ben Hall c. 1862 |
"Things got from bad to worse, till Frank Gardiner, the bushranger came. He capped the lot. Now under 'The King of the Road's influence, Ben started on his notorious career."
Robberies have become a dime a dozen since the Burrangong (Lambing Flat) and Forbes goldfields rush. Therefore, Ben Hall had unquestionably participated in earlier holdups. Still, as luck would have it, none could be pinned to him as attested to by Charles MacAlister: 'Old Pioneering Days in the Sunny South.'
Ben Hall and Gilbert were only suspected of a bushranging kinship with Gardiner. For though several of them had been before the Forbes Bench on suspicion (Ben Hall and O’Malley were repeatedly brought up), the law had failed to sheet the guilt home to them to the satisfaction of the local J.P.
It is 14th April 1862; Frank Gardiner and John Gilbert approach the transport dray of William Bacon drawing their revolvers. Edward Horsenail, an employee of Bacon's, later attested:
"I noticed two men ride out of the bush, and cried out to Bacon, "Look out, Bill, here are the boys!" they came up and presented their revolvers, and ordered us into the bush."
Gardiner ordered Bacon to turn his wagons into the scrub where Ben Hall and another man, John Youngman, reputedly an employee of Ben Hall were waiting. Hall is holding the reigns of a pack-horse to load their ill-gotten gains. Two passing travellers were spotted on the road from the scrub. Gardiner orders Ben Hall and Gilbert to fetch them. They bail them up, steal a saddle and hold the men as prisoners. On completion, the four bushrangers depart. Newspapers at the time reported Gardiner's command of the Queen's highway and that his current actions could only end in misery:Gardiner is a bold rogue and a very great fool, because, he not only braves the police and levies toll along the whole line of road from Burrangong to the Lachlan, but he risks his liberty or neck for the paltry equivalent of a few months defiance of the law. A pity it is that so bold a spirit should be occupied in so bad a cause, and should have to look forward to so contemptible an end.
Ben Hall on his first recorded robbery would be sent down for trial at Orange in May 1862 and with chicanery bribed a key witness and was acquitted. Upon hearing the news of Ben's acquittal, Gardiner appeared at Sandy Creek offering Hall an apology for his lagging over the dray affair:
Next day Gardiner called Ben, and expressed regret that Ben had got into trouble through him.
Hall shrugged it off and in reply stated:
"Next time they take me they'll have something to take me for."
Following their meeting, Maguire noted that:
"From
that out, Ben and Gardiner were often together."
More than just bold, daring, and charming, Frank Gardiner was also highly sensitive to any perceived injustice or slur on his name. Unlike most bushrangers, who ignored their public reputation, Gardiner saw any attack on his character as an insult that demanded correction.
When his name was misrepresented in the press, Gardiner would immediately take action, often penning letters to the editors of the Burrangong and Lachlan newspapers. These letters were intended to rectify any misleading accounts of his exploits, reputation, or rogue status.
One newspaper that frequently disparaged Gardiner’s name was the Burrangong Courier, edited and owned by G.D. Lang. Lang was the son of the influential parliamentarian, The Reverend Dr. John Dunmore Lang M.P., one of Australia’s most prominent reformists and journalists.
Ironically, Dr. Lang had a personal connection to Gardiner’s past—he had sailed from England in 1834 aboard the same ship that brought out a five-year-old Francis Christie, The James.
As the Burrangong Courier continued its derogatory reporting, Gardiner was incensed. But rather than simply threaten the paper, he sought a more calculated approach.
It soon came to Gardiner’s attention that Dr. Lang himself was traveling through the Burrangong District, gathering material for a major article titled NOTES OF A TRIP TO THE WESTWARD AND SOUTHWARD, which was set to be published in Sydney newspapers.
Seizing the opportunity to defend his name and challenge the narrative, Gardiner activated his bush telegraph network, ordering his spies and informants to track the Reverend’s movements.
Gardiner was determined to confront Dr. Lang—not with violence, but with words—to set the record straight about who he was and what he stood for.
Accordingly, Gardiner penned one such letter that appeared in the Lachlan Miner and was reprinted in the bushrangers unfavourable Burrangong Courier. According to Frank's anamnesis. The letter highlighted the misrepresentation of Gardiner's most recent activities, whereby 'The Darky' wished to put the editor straight in a case of the pen is mightier than the revolver; BURRANGONG. (From the Burrangong Courier, April 23, 1862)- The following extremely respectable note and a letter appeared in the Lachlan Miner of the 10th instant. The Miner published Gardner's letter as we give it below, with the annexed endorsement as to its authenticity
To the Editor of the Burrangong Miner, Lambing Flat;
Sir. - Having seen a paragraph in one of the papers, wherein it is said that I took the boots off a man's foot and that I also took the last few shillings that another man had, I wish it to be made known that I did not do anything of the kind. The man who took the boots was in my company, and for so doing, I discharged him the following day. Silver I never took from a man yet, and the shot that was fired at the sticking-up of Messrs Horsington and Hewitt was by accident, and the man who did it I also discharged. As for a mean, low, or petty action, I never committed it in my life. The letter that I last sent to the press, there had not half of what I said put in it. In all that has been said there never was any mention made of my taking the sergeant's horse and trying him, and that when I found he was no good, I went back and got my own. As for Mr Torpy, he is a perfect coward. After I spared his life as he fell out of the window, he fired at me as I rode away; but I hope that Mr Torpy and I have not done just yet until we balance our accounts properly. Mr Greig has accused me of robbing his teams, but it is false, for I know nothing about the robbery whatever. In fact, I would not rob Mr Greig or anyone belonging him, on account of his taking things so easy at Bogolong. Mr. Torpy was to bounceable, or he would not have been robbed. A word to Sir F. P. Pottinger. He wanted to know how it was the man who led my horse up to me the Pinnacle did not cut my horse's reins as he gave the horse. I should like to know if Mr. Pottinger would do so? I shall answer for him by saying no. It has been said that it would be advisable to place a trap at each shanty on the road, to put a stop to the depredations done on the road I certainly think that it would be a great acquisition me, for I should then have an increase of revolvers and carbines. When seven or eight men could do nothing with me at the Pinnacle, one would look well at a shanty. Three of your troopers were at a house the other night and got drinking and gambling until all hours. I came there towards morning when all was silent. The first room that I went into I found revolvers and carbines to any amount but seeing none was good as my own, I left them. I then went out, and in the verandah found the troopers sound asleep. Satisfying myself that neither Battye nor Pottinger were there, I left them as I found them, in the arms of Morpheus. Fear nothing, I remain, Prince of Tobymen.'
FRANCIS GARDNER, the Highwayman.
"Insert the foregoing, and rest satisfy you shall be paid."
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| "Make way for the Royal Mail." |
Magistrates' howls and the local press's outrage did little to deter Gardiner as he grew tired of the meagre returns from his usual robberies, even after paying off those who sheltered him. Seeking a significant change, Gardiner devised a plan aimed at securing the fortunes needed to start anew.
Drawn by the promise of gold, he began plotting a bold strike against one of Her Majesty's mail coaches, known to transport substantial amounts of gold and cash. This heist would enable him to escape with his lover, Catherine Brown, to a place far from their familiar Lachlan surroundings.
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| Gardiner's Dark Arts companion. |
Frank Gardiner was well aware of the strategies outlined in the newspaper and remarkably adhered almost exactly to the recommendations. Emboldened by the knowledge that the small number of police guards could be effectively overcome, he began to finalise the logistics for his planned robbery. John Maguire, a close acquaintance of Gardiner, detailed Frank's meticulous planning in 'The Biography of a Reliable Old Native.' This account was written by P.H. Pinkstone, the owner of the 'Hawkesbury Herald,' and first published in his newspaper. The recounting was based on numerous in-depth interviews and fireside conversations with Maguire, around 1906.
Sergeant Duins was riding at its head, and the fallen tree, as he suddenly came upon it, seemed to excite his suspicion. He held up his hand, and cried "Halt!" That was taken as the signal to fire. The bushrangers jumped from behind the trees and fired a volley having loaded their guns with a double charge—a bullet and heavy shot. Four of the escort Davis, Boeswater, Fookes, and Morton—instantly fell, seriously wounded. Davis was shot in the neck as he tried to unstrap his carbine, and another of the wounded men was pinned down by his dead horse. Sergeant Duins dashed his horse through the barricade, being repeatedly fired at, for the robbers carried horse pistols as well as guns, and one of them, George Melville, had a revolver. Two bullets lodged in the flanks of Duin's horse, and both he and Warner exchanged shots with the gang until their ammunition was exhausted, but at too long-range to be effective. Warner gave up when his horse was shot in the jaw, and the sergeant galloped to the nearest police station for assistance. It was all over in a few minutes. The wounded men were left on the ground just as they lay, and while two of the bushrangers galloped out to exchange shots with Duins and Warner, the others took the gold and cash, overlooking, however, one packet of £120, and rode away through the bush. They had disappeared while the smoke of their guns still floated over the box trees.
At that time, the robbery caused a major sensation. The culprits made off with over 3,000 ounces of gold and £800 in cash, but their freedom was fleeting. Frank Gardiner, however, was not involved in this McIvor heist. By 1852, Gardiner, under the alias Clarke, was documented in Goulburn, NSW, and faced charges in 1854 for horse theft in Tunea on July 1, 1853;
Two brothers, George and John Francis, were arrested. John turned informant, betraying his accomplices, a scenario strikingly similar to that of Daniel Charters during the Eugowra robbery.
Note: John Francis was arrested attempting to flee on the ship Madgascar. His arrest saved his life as the Masagascar upon sailing with thousands of ounces of gold bound for London disappeared never to be heard of again. No doubt the ship was seized and the gold stolen and then sunk killing the crew and passengers numbering some 600 souls including children. However, what becamae of the gold is a mystery.
Eugowra Gold Robbery, New South Wales, 15th June 1862
All the 'Darkie,' needed to successfully whisk Catherine away from the Lachlan was the ideal location to ambush a gold escort. This location was identified by Ben Hall after discussions of various potential spots, as confirmed by William Hall. The chosen spot needed to be less frequented, unlike the main roads of Lambing Flat and Forbes.
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| NSW Gold Escort. c. 1870's |
Ben Hall suggested Eugowra Rocks, a secluded area strewn with large granite rocks and boulders that lined the road between Forbes and Orange—a road the gold escort would traverse. Ben Hall’s familiarity with this area stemmed from his frequent travels with his close friend Daniel Charters, and time spent at Charters' sister's hotel and farm at Bandon, near the Gates Road at Eugowra. Ben Hall's involvement and his crucial role in selecting the ambush site were later disclosed by his brother, Bill Hall, during interviews with Bradshaw for his upcoming book on the bushrangers.
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| Jack Fagan Escort Coach Whip |
Accordingly, with the knowledge in hand and the site decided 'The Darkie' set off on Saturday 14th June 1862 for Eugowra Rocks with his band-of-brothers.
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| George Burgess c. 1930's. Rare photo. |
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| Eugowra Rocks. View towards the track of the approaching coach. Bushrangers secreted left. My photo |
As the Gold Escort, burdened with its precious cargo and defended by Sgt Condell and troopers Moran, Haviland, and Rafferty, made its way along the deeply rutted track, the clopping of horse hooves and the jangling of harnesses echoed eerily off the granite slopes. This was a typical journey for the team, marked by the familiar routine of encouraging the horses on and the comforting cracks of driver Fagan's whip.
Unbeknownst to them, however, their course was leading them towards danger. As they rounded a bend, the sudden appearance of three bullock teams blocking their path took them by surprise. The drivers of the drays were nowhere to be seen, leaving the Gold Escort to navigate around the unexpected obstacle. Fagan, with his characteristic authority, called out, "Make way for the Royal-mail", but to no avail. The path was blocked, and they had no choice but to try and circumvent the drays.
As they neared a massive boulder, an ominous sight met their eyes. From behind this shelter, men rose, their identities obscured by red comforters wrapped around their heads and the blackening on their faces. Clad in red shirts and armed with an array of rifles and revolvers, the sight was a chilling one.
Under the leadership of the infamous Frank Gardiner, these men were no mere highwaymen, but seasoned bushrangers. At Gardiner's call, the men let loose a volley of gunfire. The bullets rained down on the coach, splintering the timber frame and causing chaos amongst the lawmen inside. This audacious attack marked a shocking shift in the usually uneventful journey of the Gold Escort, forever cementing this day in history as a moment of intense conflict and danger.
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| Image of the Escort Coach attacked at Eugowra 15th June 1862. Photograph was taken in 1917 by W H Burgess. Held at the Mitchel Library. Many thanks to Dick Adams. |
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| Another image of the Escort Coach photographed by Frank Walker. Courtesy RAHS. |
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| Hanbury Clements station Eugowra. Bailliere's New South Wales Gazetteer and Road Guide, 1866. |
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| Eugowra Escort Robbery June 1862. Illustration by Monty Wedd. © |
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| Commissioner Grenfell. Newspaper Image, 1867. Courtesy NLA. |
As the gang concealed themselves in anticipation of the oncoming coach, they quietly observed two unsuspecting men passing by, completely oblivious of the grim tableau that was about to unfold.
In the wake of the attack, the shell-shocked survivors found refuge at Clements. In the dim light, they received urgent medical attention for their injuries. The magnitude of what had transpired started to sink in. A palpable sense of urgency swept through the place as Clements took it upon himself to deliver the chilling news to the police camp at Forbes. In the dark stillness of the night, he spurred his horse and rode with all his might.
Rafferty too appeared at the Forbes police camp, carrying with him the harrowing assumption that all his colleagues had been killed in the ruthless ambush. As the news spread like wildfire, a sense of pandemonium enveloped the area. The details of the brutal attack were quickly disseminated across the contemporary information highway - the Electric Telegraph, painting a vivid picture of the horror that had unfolded at Eugowra.
Later that fateful Sunday evening, with the report from Clements in hand, the gravity of the situation began to fully dawn on the people of Forbes. The events of that day had thrown their peaceful existence into chaos, marking a grim chapter in the annals of their community's history.
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| Capt. William Browne. c. 1869. Courtesy Hay H.S. |
In the aftermath of the brutal attack, Sir Frederick Pottinger arrived at the scene. Taking command of the situation, he immediately launched an intensive manhunt to bring the culprits to justice. Following a quick recovery operation to fix the bullet-riddled coach and procure fresh horses, the survivors of the attack were able to resume their journey to Orange. Along the way, they even picked up some additional passengers, and Clements was able to locate the missing bullock drivers.
The journey resumed under Sir Frederick Pottinger's orders, the coach, showing visible signs of the fierce encounter, finally arrived at its destination. As the sun set on Monday evening, the coach trundled up Summer Street towards the Post Office in Orange. On board were driver John Fagan, Sgt Condell, Constable Moran, Constable Haviland, Mr Boynton (the manager of the coach company Ford &Co.), Ellen Chandler, her servant and child. As they arrived in Orange, Haviland and the troopers deposited the mail that had remained surprisingly untouched throughout the ordeal. Their next stop was Dalton's Inn, located on Byng Street.
However, as the coach moved away from the Post Office towards the Inn, a chilling sound cut through the evening air - a gunshot from within the coach. In a heart-stopping moment, Constable Haviland, who had been seated inside the coach, was fatally wounded by a single shot from Constable Moran's revolver. In the tumultuous scramble with the bushrangers, the firearm had fallen to the floor, forgotten under Haviland's seat, leading to an unintentional discharge with tragic consequences.
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| Orange Post Office. c. 1870. Courtesy NLA. |
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| James Dalton licence for The O'Connell Inn. New South Wales, Australia, Certificates for Publicans' Licences, 1853-1899 for James Dalton, 1860. |
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| Hanbury Clements. c. 1880's |
As the law enforcement authorities tirelessly pursued the bushranger gang in attempting to seek their whereabouts. Hanbury Clements penned a detailed account of the harrowing ordeal and its aftermath. His letter, intended for an acquaintance in Bathurst, recounted the terrifying events with striking detail and conveyed the gravity of the situation. Amidst the chilling recount, Clements made sure to highlight Sgt Condell's extraordinary composure during the attack.
Clements noted in his letter how the road had been blocked by three strategically positioned bullock teams, making their escape impossible. He made a specific mention of the bushranger Frank Gardiner, who was the only member of the gang not disguised during the incident.
In no time at all, the astonishing news of the robbery rippled through the colony, sparking a fervour of reactions. Inspector Pottinger, leading a team of vigilant settlers, was quick to mobilise a response. After assessing the condition of the escort troopers and managing to upright the toppled coach, the Inspector and his team wasted no time in beginning their pursuit.
With the aid of aboriginal black trackers, they carefully examined the scene of the robbery. Noticing the distinct trail left behind by the bandits, they put the highly skilled trackers on the scent. This marked the beginning of their relentless hunt, a quest to bring the audacious criminals to justice.
After running down the creek about six miles, the tracks passed through the fence, which had been cut with a cold chisel - across the Eugowra road, and in a straight direction for Forbes. The robbers had then gradually wheeled back, recrossed the road and made for the river, over which they passed into Newell's paddock at Waugan, where they tied up their horses under a bank, and partook of a meal of half-cooked meat, the remains of which and some torn envelopes were found scattered about. Judging by appearances, the pursuing party arrived at the conclusion that the robbers had divided at this spot. For some time considerable difficulty was experienced in taking up the tracks from this paddock, the traffic throughout having been so great! Eventually, they were found-sometimes on the ground, but generally, through the bush, the track pursued being across the Wowingragong plains to within five miles of Fenn's Hotel, where it became so dark that, after tracking a mile on foot, the spot was marked by rearing up a log of wood against a tree in a patch of dead myall.³⁴
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| View from Gardiner's camp Wheogo Hill. Weddin Mountains in the foreground. Courtesy Peter C Smith. |
Nestled on the boundaries of Ben Hall's station and the Walsh family's Wheogo station - the family of Gardiner's love, Kitty Brown - sat Wheogo Hill. It was here that the gang regrouped after their audacious robbery, dividing their spoils under the safety of the hill's summit. The young Johnny 'Warrigal' Walsh joined them, dutifully running errands over the next few days providing the victuals necessary for the survival of the Eugowra marauders. Their loot was indeed a hefty haul, consisting of 2700 oz. of gold, amounting to over 7 million dollars in today's value, and £3,700 in Oriental Bank notes, an equivalent of $310,000 in today's terms.
Once the proceeds had been distributed into eight equal shares, Ben Hall, Jack O'Meally, Manns, and Bow took their leave. John Gilbert remained at the camp with his 22 lbs of gold and £460 in notes safely tucked away in his saddlebag. Gardiner, Fordyce, and Charters moved their gold onto one of the bags hanging from the pack-horse taken from the coach.
However, additional storage was needed, and Charters was supposedly sent to Hall's home for extra saddlebags. Upon reaching Hall's yard, Charters found himself unexpectedly confronted by Sgt Sanderson. Reacting swiftly, Charters bolted back to the hill, alerting the others with cries of "Look out the traps are upon us."
In the ensuing panic, Gardiner, accompanied by Charters and Johnny Walsh, grabbed the pack-horses' reins and fled 20 miles southeasterly towards the dense Weddin Mountains. Gilbert hastily mounted his horse, abandoning his partner and leader, an act that would spell the end of their camaraderie.
Hot on their trail, Sanderson used the black tracker Hastings to follow reputedly Charters to the summit. After a swift survey of the villains' camp, Sanderson resumed his relentless pursuit of the bushrangers.
However, the role of young Johnny Walsh during the events after the robbery at Wheogo Hill has often been overlooked. Known as 'The Warrigal,' Walsh served as the critical link in providing sustenance to the men as they split the robbery proceeds. Therefore without doubt Walsh, not Gilbert or Charters, was sent by Gardiner to collect saddlebags from Hall's. As a less suspicious figure of a boy, Walsh would not have raised alarm. This is supported by the fact that Maguire, who had a bone to pick with Charters over an alleged affair with his wife during the 1863 escort trial, was quick to name Charters. Lagging him historically as the rider. Once Sanderson reached the abandoned camp, he noted the supply chain established by Warrigal. Stated:
Every man for himself
For the first time in his criminal escapades, Gardiner succumbed to panic, making a grave error in his haste. With the relentless police pursuit in mind, he felt the weight of the pack-horse was hampering their escape. In a moment of extreme pressure, Gardiner made the fateful decision to abandon the reins of the pack-horse, leaving his share, along with those of Charters and Fordyce, on the horse's back. He urged his companions, shouting:
"Go your own roads, and look after yourselves."
His command was heeded immediately, his partners scattering in various directions, each one attempting to secure their own safety.
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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. The map on the right re-drawn by Mr Edgar Penzig. Courtesy Penzig. |
Despite the pressure and chaos of the escape from Wheogo Hill, it later became clear that Gardiner may have misjudged the situation. In the heat of the moment, he failed to realise that his pursuer, Sanderson, was still a significant distance behind them. They had, in fact, more time to escape than Gardiner had initially assumed, even with the burden of the pack-horse slowing their flight.
As such, Gardiner may have been able to retain the remaining gold had he remained calm and composed. A letter published in the 'Examiner' on Tuesday, 1st July 1862, revealed how far Sanderson was from the fleeing bushrangers at the time. This account also made it clear that the district was well aware that Gardiner was the mastermind behind the entire operation. The situation served as a testament to the importance of keeping one's nerve under pressure and highlighted Gardiner's critical misstep.
The reward offered is good, but should have been £200 each for the first four robbers taken. There is a feeling here that the Government is decidedly liable for the loss on account of want of proper precaution. If properly managed by Pottinger, who is still out, I firmly believe all the gold will be got. It is most amusing to us to see by the Sydney papers that an impression prevailed that Gardner was not concerned in the robbery.³⁷
CENTRAL CRIMINAL COURT WEDNESDAY
For Charters and Fordyce, their involvement in the audacious gold heist turned out to be a fruitless endeavour. When the authorities recovered the pack-horse and the gold it carried, Gardiner only offered Charters a paltry £50 as compensation. Fordyce, on the other hand, received nothing. In Gardiner's eyes, Fordyce's failure to discharge his weapon during the ambush of the gold coach and his drunken state rendered him undeserving of any share in the loot. In his fury, upon his return to Wheogo Hill, Gardiner threatened to “cut his rations bloody short.”
Interestingly, the dramatic escort robbery turned out to be Gardiner's final act of bushranging. Just days after the daring robbery, conjecture arose suggesting this might be the case, and these predictions indeed turned out to be accurate. The sentiment was captured in a Lachlan Observer article published in June 1862. The incident served as a pivotal point in Gardiner's notorious bushranging career, marking the end of his time as a highwayman and signifying a significant shift in his trajectory.
In the aftermath of the audacious Escort robbery, Frank Gardiner found himself with an empty pocket despite the daring undertaking. With no share of the stolen bounty and the authorities on his tail, Gardiner, reputed for his elusive ways, promptly disappeared from New South Wales.
For weeks, his whereabouts were the subject of rampant speculation and whispered rumours. Some reports suggested he might have found refuge in Victoria, possibly in the bustling port city of Portland. Others insisted that South Australia was the more likely destination for the infamous bushranger.
However, during this period of relative quiet, some stories insinuated that Gardiner was laying low in the gold-rich town of Ballarat, biding his time until the heat subsided. The facts were elusive, much like Gardiner himself, a man known for his adeptness at disappearing into the shadows when the situation demanded it.
Then, after weeks of being off the radar, Gardiner resurfaced. His return was not in any of the speculated locales, but back in Wheogo, at the home of Catherine Brown. His return was as unexpected as his departure, adding another layer of mystique to the notorious bushranger. Gardiner's life, much like the man himself, remained a mystery wrapped in layers of myth and hearsay. It was a saga that was unfolding in real-time, in the dust and heat of the Australian bush, as unpredictable as the man who was living it: 'The Argus, Melbourne' 25th August 1862;
Frank Gardiner, a master of disguise and evasion, could have been anywhere during this time. Despite the numerous reports and rumours placing him in various locations, including Ballarat, it seems unlikely that he ever strayed far from Lachlan. Gardiner had a substantial number of supporters in this region, making it a relatively safe base for his operations. Additionally, he was deeply in love with Kitty, and it seems improbable that he would leave her side for six weeks or more, nor that she would accompany him on a dangerous journey south.
A report of Gardiner's arrest near Kilmore, which was the childhood home of his associate John Gilbert, further fuelled speculation about his whereabouts. Gilbert had recently escaped from Sir Frederick Pottinger in July 1862 near Temora, NSW, adding a layer of credibility to these rumours. However, this turned out to be a case of mistaken identity, merely adding to the mystery and confusion around Gardiner's movements.
Another possibility is that Gardiner travelled to Gippsland to stay with his brother Charles and his sister Robina. Yet, this remains speculation, as there is little definitive evidence to support this theory. The enigmatic nature of Gardiner's activities during this time even led some to suggest that he had fled Australia altogether, further adding to the myriad of theories and rumours surrounding this elusive figure. 'South Australian Weekly Chronicle' Saturday 30th August 1862;
Newspapers during this era were rife with speculations and sensationalised accounts of Gardiner's exploits and whereabouts, feeding into the public's fascination with this elusive outlaw. However, the authenticity of Gardiner's presence in the south has never been conclusively confirmed.
An inside source from Yass appeared to offer a different perspective, suggesting that Gardiner's apparent departure from Lachlan was nothing more than a cunning ruse. According to this theory, Gardiner may have been hiding in his old haunts in the Goulburn/Wheeo area, or even closer to Kitty's home. This tantalising possibility offered a thrilling twist in the tale for the public and kept them hooked on every development.
Even Sir Frederick Pottinger, a law enforcement officer tasked with capturing Gardiner, was drawn into this web of intrigue. Hoping against hope, he arrived at Kitty's home, aiming to at least capture, if not kill, his elusive target. This narrative, along with others like it, was widely disseminated in the 'Bell's Life in Sydney and Sporting Chronicle' on Saturday, 6th September 1862, further fanning the flames of public curiosity and interest in the enigmatic figure of Frank Gardiner.
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| Sir Frederick Pottinger. 1831-1865. |
Despite his limited successes, Sir Frederick Pottinger was unyielding in his commitment to enforcing law and order in the unruly western districts. His resolve to capture notorious bushrangers intensified, especially targeting those residing at stations notorious for their lawless behaviour and dubious transactions. His determination particularly escalated in his pursuit of Ben Hall, further fuelling his exasperation.
Many settlers, previously pinpointed on an earlier police map for their known or suspected affiliations with bushrangers or their status as protectors or harbourers, staunchly denied any knowledge of the enigmatic outlaw, Frank Gardiner. This added to the formidable cone of silence that stymied Pottinger's investigations.
Many settlers, previously identified on a police map for their known or suspected connections with bushrangers or as protectors and harbourers, adamantly denied any knowledge of the elusive outlaw, Frank Gardiner. This widespread denial contributed to the pervasive silence that thwarted Pottinger’s investigations.
Saturday, August 9, 1862, marked a potentially pivotal moment for Inspector Pottinger. Equipped with his insider information, he embarked on a covert mission from Forbes at dusk, bypassing the main road to maintain discretion. He arrived around ten o'clock at night after a gruelling thirty-mile trek through the bush. Setting up camp about two miles from Mrs. Brown's home, Pottinger and Inspector Sanderson moved on foot to survey the area, bristling with anticipation.
Mrs. Brown's house stood isolated, a lone structure in a small open space surrounded by thick scrub, near the main Wheogo homestead. Pottinger was convinced that 'The Darkie' would be arriving soon, drawn to Kitty by their clandestine romance. His men were positioned strategically, their nerves alight with tension as they waited in the dark.
And then, like a spectre under the cloak of midnight, Gardiner appeared. Casually riding his white charger towards Kitty's home, he remained oblivious to the danger lurking in the shadows. The tension skyrocketed as Kitty stepped outside to gather some wood, then retreated back into her home. Pottinger waited with bated breath, the adrenaline coiling tight within him.
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| "Gardiner's horse then began to rear and plunge." Sketch by Percy Lindsay. c. 1935. |
However, it was also stated that Gardiner was actually in bed with his paramour when the police surrounded Brown's house. A consensus formed soon after that concluded that it did seem strange that ten men, all fully armed, should let one man slip through their fingers, especially when he (Gardiner) was boxed up within four walls. There must have been gross mismanagement somewhere.
With fury coursing through him, Pottinger stormed into Kitty's home. After a tense interrogation of Kitty and her younger brother 'Warrigal', Pottinger arrested the young man.
Gardiner, caught off guard by the sudden cry piercing the night and the sharp click of the malfunctioning carbine, thrust his horse into the surrounding scrubland. Once they had reached a distance of about 500 yards from the scene of the encounter, Gardiner reined in his horse, pausing to steady his nerves and contemplate his next move. Lachlan Miner 12th August 1862;
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| Frank Gardiner |
The grand event of Sir Frederick's remarkable career was his memorable engagement with, and partial defeat of, the renowned Gardiner known, or to be known, in colonial history as the battle of Wheogo. Certain circumstances, which time and the recent capture of Gardiner may perhaps now fully explain, seem to point to the conclusion that between Sir F. and Gardiner a rival ship existed in the fields of love, as well as in those of war. The smiles of the fair Catherine appear to have been bestowed on the bold brigand in preference to the titled police officer. Animated by the most powerful motives, the desire at once to extinguish a detested rival, and in the character of a conquering hero to claim the prize of beauty, Sir F. concerted measures to circumvent Gardiner and succeeded to admiration. With a chosen band of horsemen, he surrounded the bower of Cleopatra.
Antony issues forth, conspicuously mounted on a white charger, as if in contempt of his antagonist.
Sir F. fires and misses. Gardiner effects a leisurely and orderly retreat, which Sir F. and his troops magnanimously refrain from disturbing. It is Shakespeare's fiction of Dogberry realised, as thus —
Dogberry— "You are to bid any man stand in the Queen's name."
Watch. — "How if he will not stand."
Dogberry — "Why then take no note of him, but thank God you are rid of a knave."
Now this is exactly what Sir F. did. Having "got rid" of a knave and a rival, he returned with the flush of victory on his brow, find took possession of the evacuated citadel, capturing the remainder of the garrison, consisting of a single boy of fourteen years of age.
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| Kitty's home Wheogo. c. 1920's. |
To compound matters, rumours of their departure abounded, whereby, soon after the confrontation at Kitty's, Gardiner was said to have taken passage on a ship the 'All Serene.' This was generally thought to have occurred during Gardiner's reputed disappearance from the Lachlan, June 62-August 62. Note the date. The 'All Serene' was recorded as sailing from Sydney for California on July the 16th 1862;
Note: The ship 'All Serene' reputed to have carried Gardiner off was lost at sea on March 2nd 1864, while carrying a cargo of lumber under the command of Captain M. Meyers, having departed Victoria, Vancouver's Island 29th of November, 1863, for Sydney. In a fierce storm lasting weeks, the ship sank, setting the crew and passengers adrift into the violent sea were; "on counting our number there were thirty-one left; the captain's wife and two children, the chief mate, cook, a boy, and two passengers were drowned."
Although Frank Gardiner was gone. The lack of sightings was treated in the press as if his disappearance had become a major corporation's CEO resignation.
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| Gardiner, Wheeo, 1862. |
Hours after the confrontation with Pottinger, Gardiner and Kitty Brown disappeared without a trace. Their first destination was Wheeo, Gardiner's old haunt during his days with Fogg and Piesley. Wheeo was home to many disreputable characters and was tucked away from prying eyes, with the nearest major town being Crookwell and the thinly populated Grabben Gullen nearby.
In the closing months of 1862, it was widely thought that Francis Christie, using the alias James Christie, secretly married Catherine Brown in Wheeo. This was confirmed by Kitty herself. During his time in Wheeo, Gardiner reconnected with old mates such as Ruggy Jim, Long Tom, and Topham. His presence in the area was frequently reported in the 'Empire' in October 1862.
In the same month of October 1862, great excitement was again generated when a report appeared of Gardiner's capture by none other than the 'Hero of Wheogo' Sgt Sanderson. 'Yass Courier' Oct 1862;
Queensland. Apis Creek
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| Archibald Craig. 1835-1868. Never before published. Private Source. |
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| Maria Louisa Craig. Never before published. Private source. |
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| Apis Creek site of Craig and Christie's business. The marker was erected by the Rockhampton Historical Society in 1970. Courtesy Gary Hunn. |
Under the assumed name James Christie, Frank Gardiner swiftly cultivated a reputation for being respectable, polite, and helpful. His demeanour quickly endeared him to the local community, who regarded him as trustworthy. His companion, known as Mrs. Christie and often referred to as Kitty, was a petite and attractive woman in her mid-twenties. Her gracious hospitality towards miners and travellers marked her as an exception among the storekeepers and hoteliers of the time, who typically adhered to a 'money first, goods later' policy.
When it came time to license the Apis Creek Hotel, Mr Fitzsimmons objected, but Chief Constable Foran ultimately approved it. Consequently, Gardiner, now living as James Christie, officially became a respected business owner and a valued member of the Apis Creek community. Despite these significant transformations, his infamous past as a bushranger remained unknown to those around him. His seamless integration into this new lifestyle underscored his remarkable skill in deception and disguise. Commenting;
Operating under the alias James Christie, Gardiner kept a discreet profile during his time in Apis Creek, remaining inconspicuous despite dealing with considerable amounts of gold. He also altered his physical appearance significantly; he had put on weight and grown a full beard and whiskers, effectively disguising his well-known facial features.
His companion Catherine, known as Mrs Christie, was described as petite and attractive, with sandy blonde hair. Both of them were reserved in nature, keeping to themselves and maintaining a strictly professional relationship with the Craig's, their business partners.
It was a stark contrast to Gardiner's previous life as an infamous bushranger. Here in Apis Creek, he had become a trusted well respected businessman. His transformation was testament to his ability to adapt and reinvent himself. Nevertheless, the truth of his past loomed as a constant shadow, a secret waiting to be discovered, as Craig admitted under oath;
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| Oscar De Satge |
I gave him every encouragement and promised him he would get his license if the house was a good one. I made up my mind to stop there on my next trip down from Peak Downs (in Australia, especially Queensland, it is down to town, and not up), which I did, camping there sometime after with some fellow-travellers and many horses for two nights, when we were well taken care of by Christie and his partner, whom we found very decent fellows, the accommodation being superior to anything on that road, as the respective wives of Christie and his partner thoroughly understood how to make travellers comfortable. On another occasion when camping there, I remember giving into Christie's charge for the night a saddle-bag with a considerable sum in cheques and notes that I was about to pay into the Rockhampton Bank, which he kept quite safe for me.
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| Sale of Apis Creek horse. |
Interestingly, at the time of his capture, Gardiner was in possession of a fine black racehorse named 'Darky,' which had caught the attention of Oscar De Satge. Detective McGlone, one of the arresting officers, referred to the horse as 'Racer' and believed it to have been taken from a Mr. Peter Beveridge near Swan Hill, Victoria, although this was possibly a mistake. When canvassed Beveridge knew nothing of the horse. Records from April 1862 indicate that Gardiner was already known to ride a striking black racer. Regardless of its origins, this horse was eventually sold for £81 15s in 1864: 'Empire' Friday 11th April 1862;
Furthermore, in January of 1864, three months before Gardiner's arrest, a reporter for the 'Geelong Advertiser' trumped the police and made the sensational claim that Gardiner was indeed in Queensland. The reporter appeared to have a very credible source. Moreover, the article may also have been the catalyst for the police to finally act. Contrary to the various reports that Catherine's sister Bridget's lover James Taylor, the man Bridget Hall deserted Ben Hall for may have informed on their whereabouts via a note received from Kitty and sought the substantial reward is doubtful. The reputed letter sent that may have exposed their whereabouts is reputedly as follows;
Aphis Creek,
Rockhampton,
Queensland.
6 December 1863.
Dear Jim,
No doubt you will be surprised to receive a letter from me, Kate Brown, that was, now Mrs Christie. A friend is writing this for me. Frank told me not to write, but I want to know how things are on the Lachlan. How is my dear sister Bridget? Give her my love and say I am quite well. I hope my sister Helen and my brother Johnny and Step-Mar are all well, also old friends. Please don’t tell anybody you heard from me, only write me a few lines to Mrs Frank Christie, Aphis Creek. Frank and I are quite well. Hoping you are the same.
Kate Christie
In turn, another claim is that John Brown himself turned on the couple. Others claim a former digger from Lambing Flat recognised Gardiner or Catherine and went to Sydney seeking the reward.
Frank Gardiner is got
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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. |
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| James Pye. Penzig |
The lead-up to the capture was fraught with tension among the police involved in the operation. Initially, Daniel McGlone, James Pye, and George Wells disguised themselves as diggers, using the cover of the flooded Fitzroy River in Rockhampton to gather necessary equipment. After being delayed by adverse weather, they eventually started their journey toward Peak Downs, equipped with a packhorse carrying their supplies.
However, harmony was short-lived among the trio. A serious disagreement erupted when Pye and Wells challenged McGlone, the officer in charge, who had initially refused to reveal the purpose of their expedition. Feeling slighted by their exclusion from the planning, Pye and Wells demanded full disclosure of their mission's objectives and refused to continue without this information.
Reluctantly, McGlone conceded to their demands. He shared a photograph of their target, Frank Gardiner, and disclosed that reliable intelligence indicated Gardiner was in the Peak Downs area. This revelation aimed to restore unity and focus to their precarious mission.
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| Additional Reward. NSW Police Gazette 1865. |
ALLEGED FENIANISM IN THE POLICE- THE CASE OF DETECTIVE M'GLONE.- Ordered 1 by the Legislative Assembly to be printed, April, 1868. Return to an order made by the honorable the Legislative Assembly of New South Wales, dated 21st April, 1868, that there be laid upon the table of this House—"A statement of the charge of Fenianism or disloyalty made by a Minister of the Crown, on the information of Mr. Powell, of Berrima against detective M'Glone, on the 14th March, with copies of all letters and telegrams sent to, or received from Mr. Powell on the .-subject; also, a copy of Mr.Fosbery's letter to deceptive M'Glone, of March 16th charging him with attending a seditious meeting with M'Glone's reply thereto; also, copies of M'Glone's resignation of his office, and of his application on the, following day for permission to withdraw the same; with the reasons (if any) assigned by the head of the police for refusing the application."
The Inspector-General of Police to the Principal Under Secretary. Police Department, Inspector-General's office, Sydney, 16th April, 1868. I attach Mr. Fosberry's report on the matters referred to above, and have only to add that I was cognizant, of the circumstances mentioned in Mr. Fosberry's letter at the time they occurred, and accepted M'Glone's resignation without hesitation, as I considered an officer who would desire to leave when there was so much pressing duty for the detectives to perform, was better out of the force than in it. M'Glone's application for re-appointment I also attach, but I have not felt justified in acceding to it for the present.
JOHN M'LERIE, I.G.P.
The Secretary, Police Department, to the Inspector-General of Police. Police Department, Inspector-General's Office, Sydney, 16th April, 1868.
Sir,—In compliance with your instructions, I do myself the honor to report upon the circumstances attending detective M'Glone's resignation, and the charges previously preferred against him; the matter having been attended to by me during your temporary absence from the office. No charge was ever made against detective M'GIone of Fenianism or disloyalty, by a Minister of the Crown, but I was informed personally by the hon. the Minister for Lands, on the I4th of March, that it had been mentioned to him that Mr. Powell, storekeeper, of Berrima, had heard Fenian expressions made use of at Shalvey's Hotel, detective M'GIone being present and taking no notice whatever of the same. Thereupon I sent the telegram annexed (marked A) to Mr. Powell, and received for a reply telegram marked B, to which I sent the answer C, the reply being D. This concluded the inquiry as regards Mr. Powell, and M'GIone was informed that the charge against him was unsustained; but at the same time I told him that Shalvey's or any public-house was no place for, a detective officer to lodge in, and he must remove forthwith. No letter was written by me "to detective M'GIone charging him with attending a seditious meeting." On the 16th of March, I wrote a memo. (E) calling upon M'GIone for a report in reference to some improper expressions attributed to him by another member of the force. M'Glone's report, denying the words imputed to him, I attach ' (F), upon receiving which, I sent for him and informed him personally that there was no witness who could be examined to prove or disprove the words imputed to him, and that I accepted his denial. He naturally expressed his indignation at having such charges brought against him, when I reminded him that his simple denial had been considered a sufficient refutation of the second charge, and that the other had been satisfactorily disproved; stating further, that he might be assured, should ever the Inspector-General or myself lose confidence in him, he would be openly informed, and not be condemned unheard. He expressed his gratitude And complete satisfaction at the opinion I gave, And added that, his character having been thus cleared, he intended to leave the force. I advised him to consider well before taking the step, reminding him that nothing which had transpired should urge him to such a course ; he, however, wrote out his resignation which you, Sir, accepted on the 16th.
Edmund Fosberry, Secretary and Superindendant of Police.
George Wells' Police number was 1349, retired in 1903 after a distinguished career on a pension of 8 shillings a day. At the time of writing Well's resided at 'Ferndale,' Main Arm, Mullumbimby (N.S.W.), Wells held an Imperial Medal.
I shall now confine my report to the simple facts of the arrest at Appis Creek, where Gardiner, under the name of Frank Christie, was carrying on the business of store keeping and was associated with a man named Craig; who attended to a public house, both store and pub, being under one roof of bark and slab, evidently erected hurriedly dining the 'rush' at the Peak diggings, to which place numbers of miners on that road travelled from Rockhampton. Early in February 1864, the late Capt. McLerie organised our party, consisting of Daniel McGlone, James Pye, and myself, McGlone being in charge. We left Sydney by steamer for Rockhampton, which was then in a state of flood. Upon our arrival there, we found it impossible to proceed on foot as diggers (the character we had assumed) for weeks: Meantime we obtained a pack-horse, tent, and necessary supplies, and when the Fitzroy River was crossable we started out; not, however without some unpleasantness for McGlone, who refused to divulge to us the object of our expedition, until Pye and I refused to cross the river unless he did so. Seeing our determination, he produced a photo of Gardiner, and said he had certain information that he was supposed to be in the direction, of the Peak Downs; and that we were to arrest him if possible, but not without his (McGlone's) instructions. We then proceeded with a pack-horse as diggers, via Yaamba, and after a week's journey, we arrived at Appis Creek and pitched our tents about 6 p.m. at a spot from which we could see the store and public house before described, which was about 700 yards distant from our camp, on the opposite side.
We three then had a conversation as to what should be done, in the event of Gardiner being located there to secure his arrest. McGlone suggested that Pye and I should go to the store and purchase some goods, leaving some of them to be called for next morning, meantime to note particulars of the buildings and all persons there, if possible avoiding any suspicion. McGlone to remain at the tent and pretend to be suffering badly from dysentery. About 7:30 p.m.that evening Pye and I went to the store and there saw behind the counter Mrs. Brown who was Gardiner's paramour, and who had accompanied him from Weddin Mountains (N.S.W.), leaving her husband there, and going via the Barwon to Rockhampton, thence to Appis Creek, where she settled under the name of Mrs. Christie.
When we had purchased a few things, Pye asked for 1-cwt. of flour; this she could not supply herself, and she then called "Frank," who had not made his appearance up to then, but who doubtless had been listening to us and watching from his bedroom, from which a door opened to the back of the counter in the store. After a minute or more he made his appearance at the door where he stood for a short time speaking to us, inquiring where we came from etc. We told him that we were delayed on the road from Rockhampton owing to our mate being very bad with dysentery, that he was unable to travel, and was then lying in our tent. Gardiner then quite coolly supplied the flour, which we arranged to call for in the morning. Pye paid for the goods and asked if we could get some sago and burnt, brandy for our mate in the tent. Gardiner at once asked Mrs. Brown to make the sago, and invited us to come into the bar to have a drink, after which, Mrs. Brown brought in the sago warm.
While talking at the bar about different diggings we had been on Gardiner very kindly burnt some brandy and put it into the sago for our mate. All this time Gardiner stood under a lamp with a shade that was hanging over the bar, which threw the light on his face, upon which could be seen the distinct marks on his forehead that had been caused by the whip used by Sergeant Middleton, at Fogg's, when he and Constable Hosie arrested Gardiner after a great struggle, and when Peisley his confederate, rescued him from Hosie's custody. After chatting with Gardiner for some considerable time, and satisfying ourselves that he was the man we wanted, we thanked him and said we would call for our goods next morning, and then went back to the tent and reported progress to McGlone.
After explaining the situation of the place, etc. as above stated, and also that we had seen two rifles, which we afterwards found to be loaded, standing underneath the lower shelves of the store behind the counter, close to where Gardiner would approach from his bedroom to the store, McGlone immediately said that if Gardiner was behind the counter of the store when we called in the morning for our flour, etc., we were not to attempt to arrest him until some more favourable opportunity offered and to pass on as diggers to the Peak Downs. These instructions, of course, caused Pye and myself to rebel and made matters unpleasant. We two then retired to the side of the creek to decide what should be done in the morning. Pye said to me "What are you going to do?- I'm not going a foot further if we don't intend to arrest when we have the chance, as it may leak out that detectives from New South Wales are about here and our game will be a failure."
I quite agreed with Pye; adding that we would only return disgraced if after seeing Gardiner, we were afraid to arrest him. Pye then said: "Very well, you and I for it; if Gardiner is behind the counter when we go into the store to get our goods, one of us, the neatest to him, will seize him fast, and the other handcuff him and tie his legs; and, look out for sharpshooters." There were four other men on the premises.
We returned to the tent, but said nothing to McGlone as to our decision in the morning, only that we would strike camp early, and have the horse packed by sunrise to start. Meantime it was arranged that McGlone would secure the assistance of Lieut. Brown, with his native police, they being in the locality, to be at the hotel and store in the morning, in the event of an arrest being made to assist in escorting the prisoner to Rockhampton. This being arranged we left the camp next morning at sunrise for the store, Pye leading the pack horse and I close behind him, both of us being armed with repeater revolvers.
When we crossed Appis Creek and were approaching the store, we saw two men splitting shingles about fifty yards from the store, on the opposite side of the road and Gardiner standing talking to them. Pye, in a low tone of voice, said to me: "Look out; let us cut him off the store," for Gardiner was walking toward the store to meet us. Pye led the pack horse close to the store door, and I seeing a kangaroo dog lying on the ground on Gardiner's path to the store, said: "Good morning," and pointing to the dog added, "that is a fine dog," at the same time calling Pye's attention to it. That was the office for arrest. Gardiner was then about five yards from the store door, and Pye stepped back towards him: I instantly put my revolver to Gardiner's face, calling upon him to stand, upon which he was taken so much by surprise that he stepped back towards Pye, who quickly threw his arm around Gardiner's neck, and put his knee to his back, and in a moment the ex-bushranger was on his back. I then snapped the handcuffs on to him and tied his legs with a piece of rope that I had prepared in my loose shirt. Meantime the two men that were splitting ran across to Gardiner's assistance. Craig also rushed from his hotel door with Mrs, Brown, who was making towards the store screaming. But being covered with our revolvers, and being told that we were police, they all stood back.
McGlone, who had stayed back until then, rushed up in a most excited state and, falling down upon Gardiner, placed a second pair of handcuffs upon him. Lieut. Brown, with his black police, then appeared on the scene, and the latter were off their horses instantly and surrounded the place to prevent escape.
Lieut. Brown, seeing McGlone in such a state of excitement, walked over to where Gardiner was sitting on the ground and asked Pye if McGlone had been drinking; and when told that he did not drink, Lieut. Brown remarked: "If he don't drink, he must be mad, for I never saw any man so excited without some cause."
After Gardiner had sat up, he asked for a drink of water and begged to have the handcuffs taken off. This being refused, he commenced pleading his innocence to the charges he was arrested upon. However, it was arranged to remove him to Mr. McKeller's (McLennan's) station, about two miles distant, with four others— Craig, the two splitters and the man cook— who were arrested on suspicion. The whole of the prisoners were then marched to Mr. McKellar s station, where they were placed in room, under my charge, Gardiner being secured in a room separately.
I had four black police to assist in guarding them that night, until Lieut. Brown, McGlone and Pye returned from the store and hotel, after taking an inventory of all property, gold, money, etc., found on the premises.
Next day the prisoners were escorted to Yaamba and thence to Rockhampton. Mrs. Brown accompanied the escort, and showed great courage in swimming her horse over the Yaamba River, which was flooded at that time; and she followed us from Rockhampton to Brisbane, thence to Sydney, trying at every opportunity to bribe me and others with money to get Gardiner's liberty before reaching Sydney. She nearly succeeded in securing his escape at Brisbane owing to McGlone's blunder in not taking Gardiner direct to Sydney from Rockhampton from which town he was remanded.
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| George Wells Record of Police Employment joined 29th October 1863. Australia, New South Wales, Registers of Police Employment, 1847-1885 |
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| Roderick McLennan c. 1880's. Courtesy NLA. |
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| James Andrew Pye NSW Police Employment. New South Wales, Registers of Police Employment, 1847-1885 |
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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 2nd Fogg's hut. c. 1930's. |
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| Rockhampton c. 1900 |
The full text of the examination of Frank Gardiner, Archibald Craig and Catherine can be accessed via the link attached;
ROCKHAMPTON
As Gardiner was held in Gaol, Catherine would make every effort to hinder McGlone, even attempting to procure a horse and avenue for escape.
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| Craig's death certificate. B.D.M. |
Tragically, Craig succumbed to a fever in 1868 while constructing a new hotel located eight miles from the one he formerly operated with Gardiner. During this period, Catherine Christie, formerly known as Mrs. Brown, faced charges of assisting and concealing the fugitive Francis Christie, also known as Gardiner. The case primarily rested on the testimony of Constable Canning and Detective M'Glone, the latter of whom produced a portrait of Catherine that had been used to confirm her identity, though it was subsequently lost.
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| Artist's impression of Catherine Brown during Gardiner's 1864 trial. Courtesy NLA. |
At the time of her arrest at the Rockhampton lock-up, Catherine chose to give her maiden name, Catherine Walsh. Detective McGlone, familiar with her family and other relatives who bore the Walsh surname, affirmed with certainty that the arrested woman was indeed Mrs. Brown, who had departed from the Lachlan region some time before, coinciding with reports of Gardiner's departure from the area.
During her court examination by the prosecutor, Mr. Dick, Catherine Brown recounted her journey to Queensland, providing details of her movements since leaving Lachlan. This testimony was part of the broader efforts to establish her identity and connection to the notorious Gardiner. Kitty stated;
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| East St, Rockhampton looking South. c. 1866 |
By the Bench: He knew of no charge against her in Sydney, nor of any warrant having been issued for her apprehension; he did not arrest her at Apis Creek, but she accompanied Gardiner and the other prisoner down to Rockhampton; he arrested her that morning. This case lasted a considerable time, and it was nearly six o'clock when the Bench, after a long deliberation in the magistrates' private room, decided to discharge the prisoner from custody. Mr. Bellas applied to the Bench for an order permitting him to visit his client (Gardiner) in the lock-up. Mr. Dick opposed the application, which the Bench refused. The Court rose at ten minutes past six, when the prisoner, Christie alias Gardiner, was removed under a strong guard to the lock-up, followed by a large crowd of persons.⁴⁹
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| List of Gardiner's property at Apis Creek 1864. NSW Police Gazette. |
However, from Rockhampton, Gardiner was transported to Brisbane by steamer, and Detective McGlone cabled a jubilant Captain M'Lerie; The following telegram was received by the Inspector-General of Police from detective McGlone: — "Brisbane, March 13th."—
Richards mentioned above was also known by the moniker 'Double Dummy,' had some knowledge of the 1862 Eugowra hold-up as a mate of John Maguire's and served as a crucial witness alongside Charters in the February 1863 Escort trials in Sydney's central court. Unlike Charters, who received £150 for his testimony, Richards did not receive any portion of the Escort reward money. He had previously worked in the butcher business with Fogg and Gardiner at Lambing Flat. He then became self-employed as a soda maker.
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| The Brisbane Courier, 28th February 1865. Courtesy NLA. |
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| Port Of Brisbane c. 1860/70's |
As a result, McGlone would not be caught out again as had been reported in ‘The Sydney Morning Herald’, Monday 21st September 1863;
On Saturday, the police-magistrate took the evidence at the watch-house of the D division, Darlinghurst, in the presence of Francis Christie alias Gardiner alias Clarke. The prisoner was then remanded for one week (until next Saturday) and removed to Darlinghurst gaol. During the proceedings, and indeed since his arrest; Gardiner has conducted himself with the greatest propriety. There is an absence of anything like bravado in his deportment, which is rather remarkable in a man of his character.
Trial of the century!
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| W.B. Dalley 1831-1888. |
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| Sir Alfred Stephen (1802-1894) |
Despite his notorious past, Gardiner's fate was not yet sealed. He was brought to trial a second time for the robbery of two storekeepers, Alfred Horsington (sometimes spelled Hossington) and Henry Hewett. For his defence, Gardiner enlisted the services of the well-known parliamentarian and skilled lawyer, Mr. William Bede Dalley, often referred to simply as W.B. With Dalley's counsel, Gardiner appeared before Chief Justice Sir Alfred Stephen on July 5th. In a surprising turn, he pleaded guilty to the two charges—robberies of Horsington and Hewett on the Lachlan road in March 1862. Based on the advice of his adept defence lawyer, Gardiner accepted guilt, thus steering clear of the potential for a harsher sentence.
During this trial, the jury also considered Gardiner's involvement in an attack at Fogg's farm, ultimately convicting him on the lesser charge of "Wounding with intent to do grievous bodily harm."
Before the sentence was handed down, Gardiner was given the opportunity to speak on his behalf, inquiring whether a letter of mitigation could be submitted for the judge's consideration. Aside from the letter, Gardiner declared he had nothing further to add. The judge then reviewed the letter in the presence of the crowded courtroom, preparing to render his verdict based on the totality of the evidence and Gardiner's plea.
Again, they state that Mr Hewett was thirty yards in the rear of the cart, whereas, on the contrary, he was thirty yards in advance of the cart. Again, it was I who told them to bail up, using no other words nor threats, and at the same time, Mr Hewett received a similar order from the four men. While I was directing Mr. Horsington where to turn off into the bush, a shot went off from one of the four men, caused through the restlessness of his horse. I at the time was within two or three yards of Mr. Horsington and his wife I immediately turned round and asked, who fired that shot? McGuiness made an answer and said "I did, but it was purely accidental," upon which I replied, that as soon as he had his share of the spoil that he should leave the party, which he did that night. The man McGuiness, who was thirty yards away from me, amongst the rest of the party, distinctly heard my question, as to who fired. I also heard his reply, and yet Mr Horsington, his wife, and boy, who are only a yard or so from me, positively swear that they heard nothing of this conversation.
Again, on a former occasion, Mr, Horsington, his wife, the boy, and Mr Hewett positively swear as to the identity of the man Downey, as to his being of the party, now, I sincerely and solemnly assert that this man was not of my party on this or any other occasion. While Downey was in custody for the alleged offence, I wrote to the Burrangong Miner, acknowledging that I was the man and that he was perfectly innocent.
Again, Mr Horsington and his party assert that the robbery took place on the 10th of March, while it really did not take place until some five or six weeks afterwards so that if I had been inclined to stand my trial, I might have been enabled to prove an alibi, this, as your Honour will see, is not written with a view to escape punishment, for, on the contrary, it incriminates myself, but as there are only two left of the party-myself and another man, who is at present undergoing a sentence of fifteen years (John Davis)-I feel that in writing this I am in injuring no one except myself, and my only desire has been to point out the inconsistency of the evidence on the part of the various witnesses, so that, had I not pleaded guilty to this charge, I might probably have escaped; so contradictory is their evidence, that a verdict in my favour might have been the result.
If I may be permitted in praying for a merciful consideration of my case, I beg to say that it is not alone on the above grounds that I do so, for during the last two years I have seen the errors of my way, and have endeavoured, with God's assistance, to lead an honest and upright life, for I have even during this time had temptations, and those great ones, for I was on one occasion entrusted for some time with the first Escort of gold that arrived from the Peak Downs, consisting of 700 ounces, again, Mr Manton, whom I beg to refer to, a gentleman connected with the copper mills, entrusted to my care 264 ounces of gold, and, lastly, Mr Veal did the same with 200 ounces;- yet the honest resolutions I had formed were sufficiently strong to prevent me doing a dishonest action on either of these opportunities. And I do trust your Honour will do me the justice to believe that these were not isolated cases, or that I would have ever again have fallen into those practices which I have felt for a long time past in my breast to be a stain against God and man.
And now, your Honour, as we must sit on the last and great day of judgement throw ourselves upon the mercy of the great Judge of all our actions, so do I now throw myself upon your mercy as my earthly judge and pray for a lenient and merciful consideration of my case.
I am, your Honour, your humble servant,
FRANCIS CHRISTIE⁵⁴
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| Courtroom scene depicting Gardiner's 1864 trial. |
32 years.
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| Frederick Gannon (1836-1921) Part of Frank Gardiner's defence team, 1864. Private Source. |
The noose of the rope, instead of passing rightly round the neck, slipped completely away, the knot coming round in front of the face, while the whole weight of the criminal's body was sustained by the thick muscles of the poll. The rope, in short, went round the middle of the head, and the work of the hangman proved a most terrible bungle.
The sufferings and struggles of the wretched being were heartrending to behold. His body swayed about, and writhed, evidently in the most intense agony.
The arms repeatedly rose and fell, and finally, with one of his hands the unfortunate man gripped the rope as if to tear the pressure from his head —a loud guttural noise the meanwhile proceeding from his throat and lungs, while blood gushed from his nostrils, and stained the cap -with which his face was covered. This awful scene lasted for more than ten minutes when stillness ensued, and it was hoped the death had terminated the culprit's sufferings.
Shocking to relate, however, the vital spark was not yet extinguished, and to the horror of all present, the convulsive writhing's were renewed the tenacity to life being remarkable, and a repetition of the sickening scene was only at last terminated at the instance of Dr West, by the aid of four confines, who were made to hold the dying malefactor up in their arms while the executioner re-adjusted the rope, when the body was let fall with a jerk, and another minute sufficed to end the agonies of death.
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| Sir Hercules Robinson (1824-1897) |
The years passed in Darlinghurst, initially indifferent the prison guards at Darlinghurst grew more accommodating and even amiable toward Gardiner, enjoying the vicarious thrill of being associated with the infamous "Knight of the Road."
Documentation of Gardiner's time within the austere confines of Darlinghurst is limited, a situation he likely preferred compared to his earlier incarceration at Cockatoo Island. Yet, occasionally, Gardiner would inadvertently return to the spotlight when a particularly sensational crime was committed. Such incidents often involved his former comrades like Ben Hall and John Gilbert, now down to three accompanied by the notorious John Dunn. Each episode would inevitably rekindle public interest in Gardiner's name.
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| New South Wales, Australia, Sheriff's Papers, 1829-1879 for Frank Gardiner |
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| Darlinghurst Gaol Infirmary |
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| Bible, handwritten by Frank Gardiner to Catherine, 1865. |
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| Ben Hall left - John Vane right. |
Gardiner faced head-on the reality of his extended imprisonment at Darlinghurst where he focused on productive endeavours as and the unlikely prospect of escape. Choosing to keep a low profile, he dedicated himself to honing his skills and largely kept to himself. Over time, this behaviour earned him recognition within the prison system; he came to be known as the "white-headed boy" of Darlinghurst.
As a prisoner, Frank had the opportunity to correspond with family members far removed from his cold, damp home. He found solace in these letters and wrote back eagerly, often sharing in the joy of hearing about marriages, babies, and the health of loved ones. However, his return letters were written by a man not embarrassed by his predicament, but one who chose not to dwell on his day-to-day existence in jail. One such piece of correspondence was from his half sister Robina to which he replied:
In the meantime, Gardiner's notorious past drew a steady flow of visitors, ranging from politicians and influential personalities to celebrities. Yet, many left their meetings with Gardiner disenchanted, confronted by the stark reality of the man before them. The romanticised image of the 'Knight of the Road' — the bold, elusive outlaw riding across the landscape — sharply contrasted with the sobering sight of Gardiner in the early stages of his imprisonment, they saw a thin sallow complexioned thinning dark haired man A stark reminder of the harsh truths behind the legend.
One such visitor, Clarence Paget Bayly, was particularly taken aback by the drastic transformation, who wrote a reminiscence of a visit in the 'Truth' June 1911;
While serving his sentence, Gardiner's continued notoriety attracted several high-profile visitors to his cell, including Sir Henry Parkes, then Colonial Secretary and a pivotal figure in Australia's path to Federation and a keen observer of the Gardiner case. Parkes visited the imprisoned bushranger at Darlinghurst Gaol, where he found himself impressed by Gardiner's composed character and demeanour. During the visit Gardiner requested for Catherine to be granted visitation rights. However as noted Parkes refused.
Tragically, and Parkes' refusal for visits a depressed Catherine in 1868, the woman Gardiner deeply loved, committed suicide. The impact of Catherine’s death on Gardiner is not recorded, but it was around this time that he acquired two new tattoos: a depiction of Cupid on his right upper arm and a heart encircled by a wreath of roses on his left upper arm. These tattoos were likely a heartfelt homage to Catherine as a sign of his profound sorrow over her loss.
Reports following Catherine's death suggested that Gardiner appeared noticeably aged overnight, a sign of the deep emotional impact the event had on him. Despite the passage of time and the weight of personal loss, Gardiner’s sisters continued their determined campaign to secure his freedom, demonstrating steadfast support for their brother.
Their tireless advocacy kept hope alive within the walls of Darlinghurst Gaol. John Vane stated; |
| Archina Christie 1832 -1892. Private Source. |
In 1874, Gardiner's influential supporters made a concerted effort to secure his release, organising a substantial petition that was presented to Governor Sir Hercules Robinson, later known as Lord Rosemead. Spearheaded by Colonial Secretary Sir Henry Parkes, the petition garnered signatures from a distinguished group, including Ministers of the Crown, parliamentarians, magistrates, lawyers, doctors, merchants, and other prominent figures.
Leading the charge were Gardiner's sisters, particularly the resolute Archina. Despite the passage of years and formidable challenges, they never lost faith in their brother's entitlement to freedom. Their relentless advocacy, coupled with the notable names on the petition, thrust Gardiner's case back into the spotlight of the colonial administration's priorities. (The petitions can be read at the bottom of the page.)
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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) |
The vote on Gardiner's release was intensely close, culminating in a tie with twenty-six votes in favour and twenty-six against. The deciding vote was cast by the Speaker, The Hon. William Munning Arnold, who supported the Governor's decision to release Gardiner. Consequently, Gardiner was freed under the condition of mandatory exile from Australia, barred from returning until his full sentence was served. His initial deportation was planned for China, once there Gardiner was free to go anywhere but Australia he choose California.
As a result the case became a landmark in resolving a significant constitutional question concerning the extent of the Governor's authority. Prior, ambiguity existed about whether the Governor should use his prerogative of mercy based on personal judgement or follow the advice of his Ministers. Sir Hercules Robinson, interpreting the Royal instructions, concluded that he was to act independently as the Crown's representative.
In his communication to the Colonial Secretary, Governor Robinson outlined the predicament of operating within a colony with a responsible government, where he was expected to act independently of his advisers. This issue was clarified by the Imperial Government in England, which directed that in future instances, the Governor should adhere to the advice of his Ministers in sentence remission petitions. (For an overview of the government position on Gardiner see Source Page: Fifty Years in the making, by Sir Henry Parkes.)
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| William Arnold. Speaker of the House. (1819-1875) |
Released - Deportation.
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| View from Brown St, Newcastle of Newcastle Harbour. c. 1870's. Courtesy Newcastle University. |
Expulsion was not a novel practice; many ex-convicts were deported from the country, allowed to return only after completing their sentences. After serving ten years, Gardiner was released on the condition that he leave Australia and remain abroad until his full sentence expired in 1896, when he would be 67 years old.
There was speculation that Gardiner might choose to resettle in nearby locations such as New Caledonia or Fiji, which were just a week’s sail away from his siblings. However, he was barred from settling in any of the colonies, including New Zealand and Hong Kong. Despite rumours that New Caledonia was designated as Gardiner’s final refuge, these proved to be unfounded. His exile was mandated under the seldom-used Act of Parliament 1847 no 34 - 11 - Vic 4th clause.
Gardiner's departure from Australia was facilitated by the 'Charlotte Andrews', a coal barque that regularly travelled between China and Newcastle. His transfer from Sydney to Newcastle was carried out on the 'Lady Young', a paddle steamer owned by William Hill. An eyewitness aboard the 'Lady Young' documented Gardiner’s boarding as the vessel anchored off Pinchcut Island (now known as Fort Denison).
On July 20, 1874, I was a passenger to Newcastle by the steamer Lady Young, of which my old friend Royal was then chief officer. Off Pinchcut the steamer lay to, and Mr. Royal informed me that, they were waiting for a distinguished passenger, no less a personage than Frank Gardiner, alias Christie, the notorious bushranger and escort robber. He came on board at 11.30, accompanied by Detective Elliott. They immediately disappeared in the fore cabin and were seen no more that night. Gardiner remained in the Newcastle lockup for two or three days, until the Charlotte Andrews was ready for sea.
A short time later, it was reported that;
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| Vessels damaged at Yau Ma Tei opposite Stonecutters Island Hong Kong Sept 1874. Photo Lai Fong (1874) |
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| Great Republic. Passenger-cargo sidewheel steamship. San Francisco–China |
Even though Gardiner was far removed from Australian shores, the New South Wales police never ceased their vigilance. Their watchful eyes continued to monitor his movements, keeping a close tab on him in California. 'The Burrowa News' Saturday 20th February 1875;
California.
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| Dramatised Illustration of Catherine, on hearing of no visits to her Frank. Courtesy NLA. |
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| Bridget Hall, c. 1919. Private Source. Never before published. |
Two or three days after this decision had been given, I was informed at my office that a Mrs Hyam wished to see me, and I told the messenger to show her in. Mrs Hyam, who said she was Gardiner's sister, had a very respectable appearance, and so had her companion, a young woman whom accompanied her. Mrs Hyam's said she had come to make a request to me that Mrs Brown, who, she said, was a resident in her house, and had been living in her house since Gardiner's conviction, might be permitted to see that prisoner. As this person had all the appearance of being a respectable woman, and so I felt that commiseration for her which anyone, must feel who has a relative in the positions of Gardiner. I spoke calmly to her and represented the impossibility of the Governor granting the petition. She, at last, appealed strongly that the person should be allowed to see Gardiner at least once. I came to no decision, and these persons, one of whom was said to be Mrs Brown, but to whom I never spoke, my conversation being entirely with Gardiner's sister, went away.
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| Letter sent from Sheriffs Office 1864 to Col Sec on prohibiting Kitty's visitations. New South Wales, Australia, Sheriff's Papers, 1829-1879 |
In her deepening despair, Catherine Brown succumbed to severe depression and began a relationship with Richard Taylor, whose brother James was involved with her sister Bridget. Richard, who had married Mary Nowlan and fathered several children, left his family around 1867 to be with Catherine. Already acquainted with Gardiner, Richard was one of the signatories for Gardiner's release from Cockatoo Island in 1859, alongside his brother-in-law William Fogg.
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| Catherine's death. New Zealand Herald 1st February 1868. |
Brown of Wheogo—lived in a square tent, about 14 ft by 12 ft, very nicely arranged, and differing much from the ordinary run of tents to be found on a goldfield. The pair did not agree well, Taylor apparently always quarrelling with his wife; About 5 o'clock one morning the little camp on Tapu Creek was startled from its sweet repose by the report of a pistol shot from Brown's tent. Mr Turner and his brother rushed to see the cause.
Outside the little reed fence surrounding the tent-Taylor was grovelling on the ground, tearing up the grass with his hands, at the same time crying out, "I have shot my wife! I've murdered her! hang me; lynch me!" and many other such expressions. In the door of the tent Mrs Brown was lying (on the ground) face downwards, apparently dead, a large quantity of blood was running from her mouth, and a small revolver was on the ground alongside of her.
A number of diggers and others soon appeared upon the scene, among them Mr Bailey, the warden of the goldfields, who happened to be at Tapu Creek at the time. On raising Mrs Brown, the unfortunate woman was still living, a stimulant was poured down her throat, which revived her sufficiently to enable her to state what had occurred. Her tongue was so injured that she was unable to speak so as to be heard. Mr Bailey obtained a slate and then asked questions. Having written the question, the warden would put his ear to the woman's mouth and could just distinguish her answer, the reply being at once written on the slate. She said that Taylor had made her life miserable and a burden to her, and had so constantly ill-used her that she determined to end her misery by suicide.
On that particular morning, Taylor had been more than usually brutal, so she got hold of the revolver—a gift from Frank Gardiner—and fired it into her mouth. All the time the wretched woman was explaining the circumstances Taylor was outside, raving and behaving like a maniac, and as soon as Mrs Brown's confession was made known, Taylor received a gentle hint to clear out, and he lost no time in doing so. What became of him Mr Turner knows not, as he never saw him afterwards. Mrs Brown was taken to the Coromandel Hospital, where she lingered 16 days, mortification having set in. At the inquest the verdict was suicide, but many believed that Taylor had fired the shot and that she made the statement to save him from the gallows. The bullet had cut through the tongue and lodged in one of the bones of the neck. The revolver was a very small one, silver-mounted, and had the name 'Frank Gardiner' scratched on the stock. Mr Turner afterwards saw the weapon with Mr Bailey, in Fiji. It seems strange that Gardiner should have started business at Apis Creek in his real name (Francis Christie) as he did, and that he should keep about his house a revolver with his 'bush-cognomen,' Frank Gardiner, on it.
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| Kitty's Inquest, 27th January 1868. Courtesy Papers Past, New Zealand. For best, Open a New Tab to enlarge. |
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 |
Of course, the self-assessment by the Darkie in his newspaper interview needs to be put into context when one considers that;
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| The Annual directory of the City and County of San Francisco 1878. |
One Australian who made such a pilgrimage later recounted his experience to a journalist friend back home. He described being guided to Gardiner by a police officer, though the details of their meeting remained undisclosed, further adding to the mystique and ongoing intrigue surrounding Gardiner's life after his deportation. 'The Western Independent' 18th August 1877;
Even as years passed and the distance between Gardiner and his former exploits in Australia grew, his legend and reputation did not fade. His past as an infamous bushranger, particularly his orchestration of the dramatic Eugowra Gold Heist in 1862, his subsequent incarceration, and later deportation, had firmly entrenched him in Australian folklore.
Whether the stories were true or embellished, every titbit and anecdote about Gardiner's post-deportation life in the United States was seized upon by the Australian press and public. They painted a picture of a man who continued to persevere and carve out a life in a new country, despite the shadows of his criminal past.
A past that left a significant impact on Australia - from his ability to hold the country to ransom, which had drawn international attention, to his effect on the political landscape, leading to the dismissal of government ministers and the humiliation of law enforcement. Even children idolised him, often playing bushrangers in imitation of his exploits.
Frank Gardiner, the 'Darkie', had transformed from a bushranger into a symbol of rebellion and resilience. His legend, much like the man himself, seemed to endure and adapt, maintaining its allure and fascination long after he had left Australian shores.
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| Kearny St looking North near Broadway St. Barbary Coast. Gardiner's saloon was in this vicinity. c. 1800's. Courtesy, SMU Libaries Digital Collection |
To further enhance his mystic, news soon surfaced in Australia revealing that Gardiner had established a saloon on San Francisco's infamous Barbary Coast. The annual directory of the City and County of San Francisco from the years 1876 and 1878 confirms Frank Gardiner as the proprietor of a saloon located at 1031 Kearny Street. The saloon, named the 'Starlight' Saloon, had a reputed unsavoury reputation.
'The Braidwood Dispatch and Mining Journal', commented that the 'Twilight' Saloon was not a place for the faint-hearted. The establishment was described as a den of squalor, frequented by dock rats and notorious individuals who were always on the lookout for their next victim to rob or deceive. In stark contrast to his previous lifestyle, the Australian bushranger had become the lord of a seedy underworld across the ocean.
However, despite these hearsay reports, Gardiner continued his life in San Francisco, navigating his way around the pitfalls and perils of his new surroundings. Yet, it was his reputation and past life that still attracted the attention and curiosity of people from his homeland. As the former 'King of the Highwaymen', Gardiner's life in America continued to be a source of fascination and intrigue.
Note: The names of the two saloons in reality and order are unknown but much correspondence intictaes Kearny St and Brennan St were similar in the naming. Starlight and Twilight.
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| Fred Sofforth standing left back row. |
Regardless Frank was making fair trade;
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| McGlone a son. |
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| The Annual directory of the City and County of San Francisco 1879. |
Return to Oz. "if ever he is exiled from California New South Wales will be his destination."
When Gardiner disembarked from the Great Republic steamer in December 1874 at forty-six, he still exuded the energy of a much younger man. Yet, his conversations often gravitated back to familiar complaints of ailments and pains, a trait his old acquaintances from Cockatoo Island knew all too well. Historical records suggest that Gardiner was often recalled as something of a hypochondriac, frequently lamenting various illnesses and afflictions. His latest claim was that he was severely afflicted with rheumatism and had taken to heavy drinking.
Despite these assertions, no substantial evidence supports that Frank was a heavy drinker, whether during his time at Apis Creek or while navigating the misty moonlighted landscapes of the Lachlan Ranges. These claims likely formed part of Gardiner's skilful manipulation of his image; he was a cunning man, well-versed in deception. Frank crafted these misleading stories of his life in America, possibly as part of a broader strategy, hinting more than once at his ambition to return to New South Wales by any means necessary; 'The Western Independent' 18th August 1877:
Thomas Baines - Frank Gardiner relationship.
As 'Darkie' began his 32-year term at Darlinghurst in 1864, another chapter of rebellion unfolded in Ireland. In March 1867, a new Irish insurrection erupted against British rule. Like many before, this attempt aimed to eject the English from Dublin but ultimately failed. The insurgents, known as Fenian's and precursors to the IRA, mobilised in significant numbers. Armed groups converged on various towns, including Tallaght, Dundrum, Stepaside, Glencullen, and further south in Cork, where 4,000 rallied at Fair Hill.
Their actions triggered a spree of destruction, prompting a swift response from the constabulary, who moved to cut off the insurgent routes. Despite the initial surge, the uprising had been suppressed by the next day. The revolt's leaders, including the determined Thomas Baines from County Mayo, were pursued relentlessly by both the Irish Police and the British Army. Baines, recognised among the leaders for his willingness to undertake the most perilous tasks, was captured and tried. Found guilty of treason, he and his fellow rebels were sentenced to be transported in the last contingent of convicts sent to Australia, arriving in Fremantle, Western Australia. The judge brought down his sentence;
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| Western Australia, Convict Records, 1846-1930. for Thomas Baines. |
As the Western Australian coastline loomed into view, a seemingly endless flat landscape lay ahead. Its stark, unbroken bleakness stretched both north and south, offering an uninteresting sight to weary eyes. As the afternoon wind gathered strength, the 'Hougoumont' her rigging pinging with the force of the roaring forties winds pushed the vessel into Cockburn Sound towards the mouth of the Swan River and her final destination, Fremantle.
As they arrived at the dock in the late afternoon, Baines and his 279 fellow convicts disembarked into the heat and flies, amidst the loud commands of the guards and the curious gaze of the locals who had gathered to inspect the latest arrival of chained misfits. John Boyle, one of the convicts transported alongside Baines, later recounted the conditions they endured on board the 'Hougoumont':
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| San Francisco Call, 12th April 1899. |
Like the countless convicts before him, Baines slowly adapted to his life in captivity. Following his early release in 1871, Baines left Australia for New Zealand, along with four other Fenian insurgents. However, they were swiftly expelled and found their way back to Sydney before embarking on a voyage to San Francisco, where they arrived in March 1872.
In America, Baines' Irish patriotism resurfaced, and he became a member of the Hibernia Rifles, a local Irish American military organisation. He held various positions within the organisation, eventually rising to the rank of Captain. Although the organisation was disbanded in the 1880s, Baines took pride in his Irish heritage. Each St. Patrick's Day, he would don his green Hibernia Rifles uniform and sword and pay visits to his fellow Irishmen in the saloons of the area. For several years, Baines earned a living by selling copies of his book, 'My Life in Two Hemispheres', which detailed his experiences as a Fenian fighter during the 1867 insurrection. He was often seen sporting long, flowing locks of hair, a visual protest against British rule in Ireland, which he vowed to maintain as long as Ireland remained under the British yoke.
On July 20, 1875, Baines was running the Celtic Club Saloon, situated on the corner of McAllister, Jones, and Market Streets in San Francisco. The location was conveniently close to Kearny St and Brannan St, where Frank Gardiner would later set up his own saloons. A grim incident took place at the Celtic Saloon when an employee shot Baines in the back under dubious circumstances. Despite the seriousness of the injury, Baines managed to make a recovery.
In this bustling and often chaotic setting of saloons and street life, Baines and Frank Gardiner's paths crossed. Beyond their shared experience as saloon keepers, the two men formed a close friendship.
The only person who befriended him (Gardiner) was the Fenian.
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| Los Angeles Daily Herald 21st July 1875. |
Could it be possible that Baines, with this cunning subterfuge, was actually assisting Gardiner in a covert return to Australian soil? The question remains a tantalising mystery, and the answer seems far from impossible. After all, these two men were known for their resourcefulness and daring exploits. It would be in character for them to conspire to such a plot, adding another layer of intrigue to their storied lives.
Travel during the era of the great gold rushes of the 1850s and beyond, was relatively unhindered by modern bureaucratic red tape. The concept of individual passports did not come into existence until the early 20th century. Thus, if a man, woman, or an entire family desired to relocate, they only needed to afford the passage fee to board a ship sailing to their desired destination – say Sydney or Melbourne. A person's travel record would only appear on the ship's manifest. Upon arrival at the port of choice, travellers could disembark without fanfare or complication. Therefore, if a rogue, who had wronged society, sought to flee to distant shores, they merely needed to purchase passage under an assumed name. Remember no identity required.
A notable example of such subterfuge was Frank Gardiner's rival, Police inspector Sir Frederick Pottinger, who escaped England and his debtors by sailing to Victoria under the pseudonym F. W. Parker.
However, five years after his arrival in San Francisco, according to varying accounts, Frank Gardiner was growing restless. The land of his youth beckoned him, and he found himself constantly drawn to the Barbary Coast's wharves whenever a packet steamer arrived from Australia. There Gardiner would eagerly approach the passengers, seeking newspapers from home and, no doubt, letters from his sisters. He would voraciously consume the latest news, updates on the political climate, changing social attitudes, and transformations within the country districts that he once roamed. Engaging in earnest conversations with passengers, Gardiner regularly received the most recent events in his former haunts. The pull of the homeland was strong, and the wheels of Gardiner's mind were presumably already turning towards an audacious plot:
A return to Australia?
Frank Gardiner's yearning to return to Australia was far from a secret. His persistent inquiries with steamer captains regarding passage home were always met with firm refusal, but this didn't deter him. His continued and frequent interrogations of Australians arriving at the port were telltale signs of his homesickness. Above all, his sisters, his last tangible connection to his homeland, were likely never far from his thoughts, adding a melancholic undertone to his life in San Francisco.
Biding his time, Frank waited for the perfect moment. His longing for home never wavered; instead, it fuelled his resolve to find a way to return to his roots. He was a man caught between two worlds – his present in the rough-and-tumble world of San Francisco's Barbary Coast and his past in the Australian bush, where his reputation as a daring bushranger had been forged. His homesickness, coupled with his stubborn determination, was the driving force behind his desire to return to Australia, come what may.
Thoughts of home and his notorious past as a bushranger spurred Gardiner to intrigue his friend, Captain Baines, with tales of hidden treasures buried deep within the remote regions of the Fish River or Lachlan. While any wealth was more fiction than fact, these tales were enough to incite the Irish rebel with promises of wealth and adventure.
Through Baines, Gardiner sought a way to return to New South Wales, where he could once again blend into anonymity, much like he had at Apis Creek many years before. Countless treasure seekers approached Gardiner at his saloons, offering large sums to locate his supposed hidden Eldorado. But Gardiner was as elusive as ever. He held his cards close to his chest, responding to their questions with a knowing look that implied he knew more than he was letting on.
His desire to return to his native land, combined with the tantalising possibility of hidden treasure, fuelled an air of mystery and intrigue around Gardiner. Even as he navigated the gritty streets of San Francisco, his mind was invariably drawn back to the vast Australian outback, its hidden secrets, and the life he had once lived in its remoteness.
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| The Pioche Weekly Record, 21st February 1880. |
However, as time moved forward into the early 20th century, around 1910, reflections on Frank Gardiner's life surfaced again, particularly his period as a hotelier. Notably, discussions about Gardiner did not mention his death, which might typically be highlighted in a memorial context.
Remembering that by 1896, he was legally allowed to return to Australia freely, when he would have been just 67 years old. Thus, it is plausible that he returned to live under one of his many aliases, carefully avoiding the mistakes of his past at Apis Creek. In that vein he would have had the protection of his sisters who no doubt would, even long after their passing never reveal nor confirm Gardiners true disposition and end of days. They let the mystery of pauper burials and graves to be salivated over all their days.
Despite this, speculation, rumours, and stories about Frank Gardiner's life and whereabouts continued to circulate for decades. Was he enjoying the California sun or living in obscurity in the Australian outback?
This remained a topic of fervent debate. When his brother Charles became ill and died in 1885, rumours circulated that Frank might have travelled through New Zealand and then to Victoria to visit him. Frank possibly made a journey to Tuape, New Zealand, to visit Catherine's grave.
At the turn of the century, reports emerged of mysterious figures digging on Wheogo Hill for Gardiner’s alleged hidden treasure. Some even inaccurately claimed these individuals were Gardiner's descendants even sons. Like many tales linked to Gardiner, these stories were unfounded. Gardiner held none of the gold from Eugowra, all lost in the fleeing from Sgt Sanderson.
Given Gardiner's shrewdness, it is unlikely he would have been involved in any of the aforementioned scenarios. The truth about his final days remains elusive, lost to time and cloaked in layers of speculation and conjecture. His life, marked by bold exploits, narrow escapes, and a legacy as one of Australia’s most infamous bushrangers, continues to fascinate and intrigue. His bushranging career and its impact was short as Gardiner the King of the Highwaymen only rode the highways and byways for less than two years.
Authors Note: The absence of concrete evidence makes it exceedingly challenging to definitively ascertain Gardiner's fate in San Francisco or beyond. Relying on hearsay and conjecture opens the door to various speculative scenarios, from an unmarked pauper's grave to a violent demise to old age amongst the misty moonbeams of a sunburnt country. Yet, without solid proof, these remain mere theories, not established facts. Newspapers report no demise of either Francis Christie or Frank Gardiner in California.
Despite a thorough examination of all known correspondence and newspaper articles spanning two decades, no documents have been able to provide clear insights into Gardiner's life after 1880 or to verify his death conclusively. In fact, some accounts even contradict the idea of his demise, proposing that he returned to New South Wales alive and well.
Gardiner's proficiency in concealing his whereabouts should not be underestimated. Considering the information available, it is plausible to suggest that he might have made his way back to Australia. This possibility is underscored by comparisons with other bushranger stories of fiction, such as Ben Hall and the misleading tales of his "abandoned and dying cattle, left die of thirst." Complete rubbish which demonstrate how myths can flourish in the absence of factual evidence. A paupers grave I think not.
However, as Clarence Paget Bayly noted, "The reminiscences of the bushranging days have a sort of a fascination that seems to stir the blood in people, and, as a rule, brings about a lot of controversy."
The enigmatic and romanticised stories of figures like Gardiner continue to engage us, even in the face of scant evidence. For now, the truth about Frank Gardiner's fate remains an intriguing piece of Australia's complex historical puzzle, unresolved but endlessly compelling.
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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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| 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 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. |
SUPREME COURT.
https://trove.nla.gov.au/newspaper/article/91919180?browse=ndp%3Abrowse%2Ftitle%2FG%2Ftitle%2F284%2F1850%2F10%2F23%2Fpage%2F8144104%2Farticle%2F91919180
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| Francis Christie alias Clarke at Darlinghurst Gaol awaiting trial 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 by Capt Zouch to the Inspector-General of Police. It highlights 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. Reproduced from Mr Penzig books)
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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 and 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 Charlotte Ion's to visit him at Darlinghurst. |
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| The above comment is from the satirical publication 'Melbourne Punch', Thursday 11th June 1874. The question is, why was he not returned to Melbourne? |
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| Exiled |
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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| Reputed Business card. 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. |
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| Sunday Times Sun 15 Jan 1905. This is the marriage that many have believed to be linked to the 'Darkie'. This has been misused in almost every publication to date. |
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| 1911 film on Gardiner. Frank Gardiner Outlaw. |
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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. Of course, it is complete fiction. |
Saturday 17th November 1888
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| I have always believed based on the evidence that Gardiner returned to Australia protected by his devoted sisters, and never died in the USA. |
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| https://soundcloud.com/user-718726573/my-name-is-katherine11 The statement above is made by Katherine 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
The Sydney Morning Herald
Monday, 8th June 1874
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| Passenger List for the City of New York. Note Baines, cabin. Gardiner for NZ, however, anyone could well be Frank Gardiner. Thanks to David Geerlings for the list. Southern Argus 10th October 1882  |
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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 with an American Mr Baines. |
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| Letter preventing Catherine from visiting Frank Gardiner at Darlinghurst Gaol. |
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| Letter pertaining to the whereabouts of Gardiner's original Ticket of Leave under Clarke. Police Convict Branch: Letters to Officials, 1862-1892 |
#-Reference notes and source material can be accessed on the EndNote page except where book, author or newspaper title are named. Publications referred to can be found on the Links Page. For any research assistance no charge, contact is on the Home Page under Contact details or Email to benhallbushranger@gmail.com. For an enhanced view of photographs, click right mouse button and select 'open in new tab'.
Great site thank you. Can you please tell me where you saw Kate Brown's suicide letter? And also the photos of her hut and of Middleton, and the passenger arrival document for the 'James'? I am looking for images for a book and need references for the originals.
ReplyDeleteAn excellent presentation on Francis Christie (alias Gardiner)
ReplyDeleteMore research is required on his early life in Australia. Shipping records show that his mother Jane came to Australia in 1834 (already a widow?) via the barque "James" with her five children, accompanied by her (soon to pass away?) husband (or her brother-in law?) Charles. Whoever Charles was, in February 1841, in Melbourne, Jane married one Henry Munro Esq. (sometimes spelled Monro or Monroe) who had also taken passage on the "James". At the time Munro had a large holding on the Campaspe River in the Port Philip District, moving during the 1840's to a larger holding in the Portland Bay area of the Port Philip District. Presumably all of Jane's children became part of the Munro household and were educated locally, including Francis the "Black Sheep" of the Christie family. Interestingly, Frank Christie's first recorded sortie into crime was in 1850 with the theft of horses near the Campaspe, only to be caught whilst driving the horses to market in Portland.
Hi, I am a relative of Francis Christie and would like to speak to the author of this document. Looking forward to hearing from you. Jan, peachtreejan@gmail.com
ReplyDeleteHi Jan, I am Mark Matthews author of the Ben Hall website.If I may be of any assistance please feel free to contact me through benhallbushranger@gmail.com My contact is also on the Home Page. Look forward to your reply. Cheers, Mark
ReplyDeleteSuch a brilliant and thorough site. I am having a 'Bushrangers Stall' in the near future and your information here is invaluable to me as an illustrator. Would it be ok for me to quote a few of your sentences here (I'm thinking maybe four or five) ...to put beside a painting on display? I will credit you. Feel free to email me Mark
ReplyDeleteContact me directly through the email benhallbushranger@gmail.com not through here for best response.
Delete