MEMORIALS OF OLD AUCKLAND.

Bruce Herald, Volume XIII, Issue 1207, 28 May 1880, Page 5

MEMORIALS OF OLD AUCKLAND.

THE CABBAGE-TREE ROAD TRAGEDY. (From the • Auckland Weekly News.') The above mysterious tragedy, which for twenty-eight years has baffled the police authorities and defied solution, is in many respects a counterpart to that which recently took place in Dunedin. In both cases the dwellings were entered by the window, and the unoffending victims slain by an axe in a similar fashion. In both, persons known to be in the neighborhood on the previous night were found to have blood on their clothes, and satisfactorily accounted for its presence ; in both there was no trace of robbery, though it may have been the primary motive ; in both arson was the mode attempted to cover the crime ; and in both, so far as human foresight can predict, the mystery will alone be revealed in that day when the secrets of all hearts shall be made known. Mr Richard Rathbone, the victim of the Cabbage-Tree Road tragedy, was a respectable middle-aged man, who arrived here from London, accompanied by one of his sons, in the Sir Edward Paget, in December, 1850. He had formerly been in the army as a cavalryman, was an excellent swordsman, and had served in the London Police. Personally he was quiet, sober, inoffensive, and industrious ; but a man of approved courage, and one who would not yield his life without making a gallant struggle in its defence. Some time after his arrival, being a baker by trade, he obtained employment with the late Mr James George, who then carried on business near the premises of the Bank of New South Wales, Shortland-street. Being industrious and frugal, he took up a small holding, on the Cabbage-Tree Swamp Road (then a lonely district with a few scattered settlers), looking forward, like many of the immigrants of those times, to settling down on the land, and gathering his family round him. Here he lived alone, walking to and fro to his employment. His son, being apprenticed in Auckland, remained in the city, and thus escaped the untimely fate which befel the father. On the night on which Rathbone is believed to have been murdered (Thursday, April 28th, 1853), he was in Auckland, and arranged with his employer to be in town next morning. On his way homewards he called at the house of the writer of this article, a- he was wont to do. He was in good spirits, spoke hopefully of the future, and the prospect he had with steady employment and good wages of making himself a competency in his old age, little reckoning that it was his last night on earth. On Friday morning a Mrs Justin, who lived not far from his dwelling, and was accustomed to serve him with milk and butter, noticed a slow smoke issuing from his dwelling, and sent a child across to get a light. The child found the door ajar, went into the kitchen, and returned stating the fire was out. In the evening Mrs Justin went over with the child, taking some butter and milk at the same time. They entered the house, Mrs Justin sending the child upstairs to see if Mr Rathbone was about, as he was accustomed to sleep upstairs sometimes when the lower room was damp. The child returned, stating that he was not there, but only his hat and walking-stick ■ and, after noticing that there was a peculiar singed smell pervading the house, Mrs Justin left for the night. Feeling uneasy, however, she went to her neighbor, Mr Thomas Home, on the Saturday morning, and begged of him to come and examine the house, as she could not find any trace of Mr Rathbone. He went with her, and on entering an inuer room the unfortunate man was found lying on his bed, dreadfully hacked about. The mattress had been set fire to, burning the body from the chest downwards, and the flames had got to the flooring and ultimately died out. An examination of the premises by the police showed that the assassin had entered by the window, which he had prized open with a shingling hatchet. Mr Rathbone had. been roused by the noise, and had, it is believed, come downstairs in his nightshirt and defended himself and his premises with a sword, which Le had in his posession. The floor gave evidence of a desperate struggle, the marks of muddy feet being evident in the pool of blood on the floor (it had been raining previously), and there were indications where someone had evidently slipped in the combat. On the jamb of the door and on the chest of drawers were axe marks, stained with commingled blood and h-.iir. The body of R&thbone had been placed on the bed, and then an 'attempt, providentially frustrated, was made to cover up the crime by committing arson. The police looked around for a clue. It was known that Rathbone was frugal, and in those days, when banking accommodation was almost nil, was believed to have had money in the house ; but owing to his lonely life and reticent disposition, nothing was known for certainty as to whether any robbery was committed or not. Enemies he had none, and on that score the police were equally puzzled. Two or three soldiers, in garrison, it transpired, were out on the fatal night — one on leave, and the others absent at tattoo Further examination showed that one of the men had blood on his trousers. Those who were out without leave accounted for their absence and proved an alibi. In the case of the man on leave, with bloodstained clothing, the explanation was curious but simple, and the police were finally satisfied of its entire truthfulness. He was a young non-commissioned officer, and had obtained leave on pass. His ob ject was t© visit his inamorata, who re» sided at Onehunga. On this occasion the lady was fickle ; course of true love did not run smooth, and chagrined at his attentions being repulsed, he called at various hostelries on his return to drown

his sorrow, the result being that in coming up the Syber Pass*on the road home he wandered down the Cabbage« Tree Swamp Boad, got muddled up in the scoria amongst the fern, and on coming to himself, in the morning made his way to the Barracks, minus his sword, which he had lost. In his various falls he had cut himself and the blood stained his | clothing. The young fellow never got over the mental shock of the suspicion and charge, settled down into a state of melancholy and decline, and died, it was alleged ■of a broken heart. A reward was given by the Government to stimulate the police and to obtain information, but not the slightest clue was ever obtained. Some few months afterwards information was given to the Police Commissioner, Captain Beckham, to the effect that a party of bushrangers were in the Waitakerei ranges (two of which were under arms ), and that they were believed to be concerned in Rathbone's murder. A party of police, armed and equipped, with such supplies as they could carry, were despatched to those lonely wilds in pursuit. It consisted of Messrs. H. J. Sims, T. Powley, P. O'Hara, a native policeman named Johnny Coffin, a relative of old Potatau, and now residingjat Mangere. His comrades also still survive. The mengdivided into two par ties, scouted the ranges, sleeping at night in the bush, and after living for two days on oysters down at Big Muddy Creek and dividing their last biscuit between the four held a council, and decided to return to Auckland for orders and supplies. On sifting the statements which had led to the expedition, it was pretty conclusively proved that the bushrangers owed their existence to a bushman over-sampling his rum, and mixing up the murder and bushrangers, with his liquor. Eighteen years after the Bathbone tragedy had occurred, and when it hud almost died out of the memory of all, save those who knew the mat), a married lady in Auckland had a dream respecting it, in which the incidents were so vividly impressed upon her memory that she detailed to her husband the details of the affair and the name of the presumed murderer. Her dream returned to her a second time, and the circumstance becoming known to some of the friends of the murdered man, as well as the equally well known fact that the lady was remarkably subject to psychic and magnetic influences, the matter was I tested at a Spiritualistic circle. " Sometimes the spirits act, and sometimes they don't," but on this occasion they acted, and the result was confirmatory of the lady's narrative in all respects. The person referred to has not left the province, but the police authorities would be somewhat careful on acting on " information received " from the spirits, in the face of the way in which Inspector Broham. was hocussed by them, when laying his men out to catch Winiata, after the flight from Orakei to the King country. When Professor Baldwin was here the Cabbage-Tree Eoad mystery, among other problems, was given to him by a member of the ' Herald' staff, just to pick his teeth with, before he proceeded to forecast the future. The Professor expressed his doubts of success, owing to the necessary magnetic conditions not beiDg present, and also that he was under the influence of strong feelings against one Professor Thorn, who had been traducing his alleged powers, and consequently had destroyed that nice equipoise in his temperament necessary for psychological experiments. The gentleman, before the interview with the Professor, had put down this sentence on a many -folded pellet of paper, along with similarly-folded pellets, containing other questions, "Tell the story of Eichard Kathbone." Professor Baldwin did not lift up or open any of the pieces of paper, which were shaken together, but touching one with his pencil, and then applying that instrument to his forehead, asked the writer if he knew " Richard Rathbone." A long communication followed, in writing by the Professoi', which purported to be made by Richard Rathbone's spirit, in which he complained that the inquiry was so vague that he could j not plnce himself en rapport with the ] questioner, or knew what information was required in " the story of Richard Rathboue." As a proof of good faith, however, he would give a physical proof that would convince the querist of the reality of the world of spirits. Professor Baldwin directed the gentleman to pick up at random one of the pellets lying un. opened on the table, and hold it in his closed hand under the table. This was done as directed, and being requested to place his ear down to the table, he heard a peculiar sci'atching noise under it, for which he was at a Toss to account. On withdrawing his hand from under the table, he opened it, and unfolded the pellet of paper which lie had tenaciously held in his clenched fist, and aci'oss the inner folds was written in a strange, but bold and intelligible, hand " I will try. — R.R." There the matter ended, and not a particularly satisfactory ending it must be confessed. The Cabbage-Tree Swamp tragedy still remains amongst other cases, as Butler said in his speech at Duuedin, a proof of the fallacy of the old adage that " murder will out." Twenty-eight years have waxed and waned, and of all who played a part in connection with that sad mystery how many are no more ! The young son of the murdered man, the wrongfully suspected non-commissioned officer, Mrs Justin who discovei'ed the nmrdfr, acd the Lieut,-Governor who offered the reward for its detection, alike lie in the dust ; the Commissioner of Police (Captain Beckham), the sergeant-major (Russell), and the detective (Charlie Brown), have long since concluded their investigations ; the coroner who "sat " on the body (Dr Davies), and the sexton (Walker) who covered up the poor mangled clay, have in turn given place to their successors ; and last of ail, the lady who dreamed the

dream, and her husband who heard its recital, rert in that sleep which knows no waking till earth and sea give up their dead, and what has been done in secret shall be plainly revealed.