AUSTRALIAN BUSHRANGING.

Otago Witness, Issue 2556, 11 March 1903, Page 72

AUSTRALIAN BUSHRANGING.

£y CHARLES yrSTTK,

[All Right! R«ierred.J ':* THE CALOOLA ROBBERS. [Passing reference has already been ma<T« to the outrage committed at Caloola-—a-small * village about 18 miles from Bathurst—and thai reader will remember that *it was. to deal, specially with their case that' the BathuM* people first suggested to the Government ta« holding of a special assize.] In NoTember, 1862, Mr Henry Stephen* kept an inn and store at Caloola and' drova a 'flouriohing trade, chiefly with, traveller* Ao and from the Trunkey and Tuen* goldfield*. On the morning of the 22nd, three meni in the garb of. ordinary travellers alighted) at the 'door, and after, spending « shorts time, in conYeraationf with Stephens andK his' wife/ sat' down with them to vbreak« fost. During-the meal, .'one .of the men* who"'had.previously, been through thehousa to the'backi complained .that he was unwell^ and,- begging to/be..expused, rose from, tho, table and'passed out into, the yard. Shortly,* . afterwards >unusual sounds- were/heard. ;pro- ' oeeding from "the passage* leading into tho dining room,' and upon looking-to ascertain the cause, Mr Stephens saw the manservant entering the room,' closely attended by the man who had retired. Tho servant's face betokened fear, his arms were pinioned, and the stranger was holding m revolver to his head. Almost before tho. landlord and hie wife had realised the situation the two men at the table sprang 'to.' their feet, and * also drew revolvers. Mrl. Stephens at once made an attempt to rise-,, saying, with astonishment, "Hello; what's up now?" when one of the men, without saying a word, fired point blank at him., The shot struck him in the mouth, and 1, with a groan, he fell back on the floor int. his blood. . - Turning to Mrs Stephens, who was almost paralysed with horror and fright, > they, ordered her to hand over the money in the* . house, intimating that if she hesitated they, , would treat her like her husband, who, although not. dead, was apparently mortally wounded. The distracted woman had no alternative but to obey their commands*., and at once handed over £20, at the same time sobbing-out that they might have obtained - the, money without committing; murder, if', that was all they camo for: Tifey threatened to shoot her if -.she -did! not keep quiet,-and one of .the ruffians took from her pocket, about 40s in- silver.; Having! searched the house, and appropriatedo all tho valuables-upon which they could lay their,. Hands,, the' three men prepared to leave,; but before passing out they took from thai .-store a pair of paddle bags,~a box of razors; a bottle of spirits, 'and other articles. AY soon as opportunity. offered Mrs Stephens . went to 'her husband, and finding that he still lived? although-terribly wounded,' she followed them to the door and begged them; - to go or. send for* a doctor. This they promised to do, saying that her husband " would come round all fright by-and-bye."-. They then rode off into the bush.

As soon "as the bloodthirsty trio had de* parted the man-servant set off -to -the near-< est neighbour, while Mrs Stephens sought' to assist her husband. ' A messenger rode post haste to Bockley,* the nearest township, for the police; but as there weref none there at the -time, he- galloped to! Bathurst, _ and -there .gave information to> the superintendent of police, who immediately started for Caloola, accompanied by; three troopers and a black tracker.

; The news of the outrage spread rapidly, and it was chiefly owing to this that the authorities were enabled to pick up the [ tracks of the three men, .who- had r disappeared from Caloola long before word o£ •the occurrence had * reached the police.While the police were still in the dark as to tho 'direction they had taken, two civilians on the Fish River ridq had stenJ them and taken steps to intercept their flight. On Sunday morning— the day following the robbery— Mr William Webb, of Mutton's Falls, observed three, suspioiouslooking characters near the river crossing, and shortly afterwards Mr Edward , Locke, who had also seen' them, suggested . that they might be the x men concerned in tho Caloola. outrage. vMr"Webb- at- once decided' to. communicate with 1 the- police, and "h'ur-< riedly rode' to ' Diamond Swamp,' the nearesfcpolioe station*" and gave information, of. -the proximity "'"of .' the " f , suspiciouß;lookingr 'strangenv' Bfaynig 'secured .tWe/jwryibea. ofConstables; Woods,- Wriglit,- and''D'Arcy he"' returned with' them 'towards "the ]Fish" t ßiver. -When '.about' eifftifc; miles^'from'' Diamond - Swamp,- 'they"-met"'one' of the tKree travel-" ling by himself, and ordering him to pull up they asked him where his mates were., He denied that he had any. mates, but afterwards said they had gone towards " Bathursfc. He was secured and shortly, afterwards said that the other two men. were on the road, and were not very far. distant. Leaving the .prisoner in safe custody Mr Webb and the police galloped onwards, anl very soon .came upon the' other two men, whom they cleverly captured! before the villains were able to "use their, firearms. It was very soon ascertained thafc these were the three men for .whom the' superintendent and his troopers were search- ' ing in another part of the district; and 'having been kept in safe custody - during the remainder of the day and night, they were on the Monday morning escorted intoi Bathurst and lodged in durance vile. They : were shortly afterwards confronted by Mr ' Stephens, who without hesitation, identified! them as the men who on the Saturday had visited his place, and after shooting himrobbed 6h« house. The saddle bags also, and some of the' other articles found in possession ' of the men we-re identified *3 part of tiie property- that had been- stolen.As may- be -supposed,- the rejoicing - was general that the reign on the road of these' blood-thirsty scoundrels had been-so short;| and the prompt movements of Mr Webb?' and the polico who accompanied him were very highly commended by 'the residents' of the district. Had Messrs Webb and 1 Locke nursed their suspicions until th# opportunity came to them of communicating) them to the authorities, in all probability, the three ruffians would have escaped, ifi not altogether, for a time sufficient for. them to work more mischief. Having himself had some experience of bushrangers! under, circumstances which jriU. bo j*w%tgjf

'Thereafter) Mr Webb knew the value of . " heading his men." He made the opportunity instead of waiting for it, and the was tho speedy "arrest and imprisonment of three ruffians who were escaping from justice. "Without delay the three men. were brought l>efore the Bathurst Police Court for a preliminary hearing. They gave the names of Alexander Rosa, Charles Rob 3, and William O'Connor. Constables George Wood and James Wright were examined, and gave - .evidence a? to the manner in which . the prisoners were captured, and described the „. properties found upon them,- and the case "was remanded for seven days. The excitement amongst the townspeople in; this- case was .yeiy ' great, ■ large numbers 'flocking .io - the courthouse to hear evidences, and get a eight of the prisoners. It 'was at this ' juncture^ that -the 'question was first Eeripusly. -mooted in Bathuret concerning the *d7isable- . ness of memorialising - the ■ Government to appoint a special commission for the speedy - trial of these men, with others- who ■ were tfi that time in custody on serious charges of bushrangiag in the Western District. The .prisoners were again brought up when ./the period of *■ remand had. expired, .the <- charge -preferred., against • them being. -that , of attempting to. murder- Henry Stephens, "The ' latter"' had at ' this ' ,time ' recovered ..sufficiently,' . to give, evidence _ against them: " He deposed to the'truth.'of Ihp' statements * he ' h»£- previously made m the case, and* L positively identifying' all. the prisoners, stated -that -Alexander Boss was: the .'man Cby whom he was shot. -TSie witness further stated that wtien he was shot he fell xo ft/e. -floor insensible, .and when he came to himself he .was nearly choked, with a quantity of clotted blood" in the thLoat, and while pulling the blood* from his mouth to pre- j vent suffocation, -one of the prisoners rifled j bis pockets on one dde and then roughly turned him over on the floor to search the other pockets. . y Then Dr Machattie gave "evidence as follows:—"I know the last witness, Henry Stephens. ■ On Saturday, the 22nd November, about noon, he was brought to my ; surgery in* gig. He was in a very' weak and exhausted state, and suffering from a gunshot wound. I had him removed as soon as he -was able to bear it to hie brother-in-law's residence, and called in to my "assistance- Dr Busby and Dr Palmer. -On the following morning early I extracted 'a bullet from the- tight side of Mr Stephen's neck. The bullet I now . produce. It is very much flattened, and seemi to be about the quantity of lead {hat would be. in the ball of - a revolver. The ball entered on the left side of the face, about a quarter of an inch from the side of the mouth, breaking- several: of the teeth, passed through the root of the tongue, across the upper part of the gullet, into the right side of 'the throat, a little behind and .close to the carotid artery and jugular vein,- where if .lodged untadf extracted at -in. theC presence of Dr Butby-and Dr Palmer, vlt was a very, -, dangerous wound. -The. shot must have, been] fired in- close- proximity: to- the face, which . was very much ■ scorched, /md a quantity of the jowder. etill remaining in it. ( f "The. prisoners' declined ito -ask- any ,ques-. tions or make, any statement in their defence, and were thereupon committed to take their, trial at the next "Circuit Court, on' tha, sthJ . Match, '1863, or at .any time and -at such, court as her Majesty's Attorney-general might appoint. , ' At the close of the. examination Alexander Ross asked' the police magistrate if he coutd apply to be tried at any other, place than' Bathurst. The police magistrate replied that he could, and if he desired to do so Mr Chippendale (tha gaoler) wonld* furnish "him with pen, ink, and paper foe that purpose. Then followed the memorial to the -Government by the * Bathurst . people, which resulted in the appointment of a special commission to try, not only the Caloola. robbers, but j, whole batch of bushrangew from different part* of the district.' The, Caloola case was set down for hearing in Sydney on February 2, 1863, and it fell to the lot of the Chief Justice (Sir Alfred' Stephen) to preside at the trial. The indictment against the three men was that of assaulting, putting in bodily fear, robbing and wounding with intent' to murder Henry Stephens; and upon being, called upon to' . plead the following dialogue between one ""of the prisoners and the judge took place : — _ Alexander Ross said that before pl.eading tie would wish the case to be remanded for a few hours, in order that he might have] 'an opportunity of speaking' to his attorney' 'relative to his . •'...,', J_ His Honor : In the first place, you must ■plead to the indictment. You are here, charged with a capital crime^. and, of course,; itf you Tiave any ground to thow, -I- would; not wish- to deprive you of any reasonable! opportunity; "of^ defending yourself. . Whois the person you would, wish .to consult? .: ; 'Prisoner-: The priest who .visited the gaol; yesterday.; ' ' „' .T ' , . His Honor: J must take leave to remark Oat 'it appears to.me that you. have delayed; >to the Very last purposely. I. have spoken' to the police magistrate at Bathurst, and I find that you have now* been sent down this laet fortnight, and that you yourself requested that you might be tried in Sydney. In this fortnight you must have surely' had full opportunity for providing for your defence. - Prisoner: That is true; but it was only last* evening that I heard I was to be supplied with counsel. His Honor : Who is to undertake it? Prisoner: I was told that it would be Mr-Didley. • - ". ! Hk Honor: Do you know anything, of this, Mr Dalley? > ■»•'-- -'" -' Mr Dalley: No, your -Honor.'" His Honor- Prisoner^ you have been guilty of very unjustifiable delay, and if- anything prejudicial to your case occurs through it you have only yourself to blame. ' Some person, a clergyman, it appears, Visits you in gaol, and perhaps tells you that he will do-what he .can to provide you with counsel, and on that you ask for an adjournment. You can scarcely expect any good result to follow. Is -there any person to whom you. can send for assistance. Prisoner: .Yes ; if I only knew the priest. who yesterday. visited the gaol. I have no, doubt the authorities- of the gaol know who this. wae. •._ . . - ' ■ < . His Honor : JL have .nob read the deposition, in .your «ase, for I ■ purposely abstain -from; doing this in all cases that I try. I, am therefore not in a position to-pay whether J your, trial will occupy a long time or not. I will; however, do this: there is another: case with which, the Crown is prepared to proceed, and I 'will postpone your trial until after that case -has been disposed of. It will, occupy about two hours, and in the meantime you can communicate with the penon who is to ''defend you. Perhaps Mr Dalley would not object, as this is a capital obarge, to .watch, the .case ffir^you,.

Mr Dalley: I shall be happy to do what X can for the unfortunate men.

' His Honor: Then lot tie case stand over for the present, and let ihe prisoners have an opportunity of communicating with their counsel.

Sufficient time having elapsed for tho prisoners to make arrangements, the case was again called on, and a second and third count were - added to the indictment — the second charging the prisoners with the wounding at tho timo of the. robbery, and the tJxird with tho wounding after the robbery. . .'

The case , was conducted for the Crown by the Attorney-general, assisted .by Mr Sutler. The counsel assigned by; the court for the defence was Mr Dalley.

- . The Attorney-general opened the case, and •stated the main' facts to the jury. The prisoners were charged -with' stealing, and accompanying the 'robbery with wounding. The .facts of the case \rere very simple. It appeared that at Caloola in Septemberlast IJie prisoner? were at an inn kept by a Mr Stephens, and that one of the prisoners having left the room, suddenly returned with a pistol in his band. Mr Stephens jumped up, and saying; "Hullo, what'iß.ihis?" he was, at once shot "through, the throat,, .and afterwards Tobbed. , Tie; evidence was veryj strong that flicea were the three persons" concerned in ' 'the' robbery," as~ : would beu foqnd when the "witnesses came to, beexamined.' H& wotzkf remind them that if two" of. the parties-"-w«erengaged[,in an unlawful offenoej anoTone ol them -proceeded to .any act .of violence, -fceywere, in the eyes of the law, gnilty of n> complicity- in the* more criminal act. All the circumstances, and ih& . identity of the prisoners, proved by four -witnesses of unimpeachable j character, .would be found .to be so clearly proved that a conviction was, he' thought, inevitable. There might be an attempt made to prove, the pistol went off accidentally, but the truth or even probability of such a thing would, he bad every reason to believe, be amply disproved by the evidence. Henry Stephens {the man shot) gave evidence at .lengfii,'. and ' was closely crossexamined. Constable. George Wood- gave evidence concerning the arrest of the accused, and Dr Machattie concerning -Hie injury received by' Mr Stephens. ,Mr'Dalley, in addressing the jury, sought to convince them that the shooting was. accidental. The Attorney-general having replied, his Honor up in an elaborate address, concluding as follows: — "If you are clear that it was no accident, but "that the ehotr was fired with design to hit someone, then the prisoners must' be found guilty oh the whole information; but if you have any doubt upon that poiftt, you w3l give the prisoners tho benefit of i£ At the same time, I must warn you against giving what is -erroneously termed, a merciful verdict. I could never understand the meaning of- this term, because a. verdict the irtith. T can therefor©' understand, mercy- in- the. Executive, •• or , in' a-, judge, 'but ceriajnlyi not in » jury,*- "who- are simply required rtp tell the truth. Mercy is an. operation- of the feelings of .the. heart,- -whereas, a verdict is come to on' the operations jot- the mind and upon, strict • facts.' Thus the two never .can cbinbine., ,It is,V,tihe;dut3!;/.of,^ie jury i to 'speak the truth" on*, the 'evidence according tq their consciences, no matter, what J the consequences may be; mercy has afterwards to be taken into account in other quarters." The jury retired, and, after being • absent "for more .than an hourj returned ivith a -verdict of "Guilty" against all three prisoners upon theiret count of the information. . . ... Th 9. prisoners were removed, and the court adjourned until K» .o'clock the fo!Ipwing day, when, other caeee were proceeded with. • At the'ck>fe of- the '.session the three men -were brought Tip for sentence with the other prisoners ttlio had been, convicted. It wis known that the sentences vreM>-> io be projKjtuaced, and th& -greatest interest -was manifested by the public. The>_ courthouse was crowded to suffocation, and •elthougli their Honors were fully three-quarters of an hour behind their' time, not taking their seats until sl quarter to 3 o'clock, not a man amongst all th»> spectators budged from his post. The first prisoners put up were .the,' two Rosses and O'Connor, a.nd at a very early part of the Chief Justice's address ifc became known, as was, indeed, fully, understood before, that they were to receive the sentence of death. Alexander Rots iras -cool, collected, and -argumentative. Charles Roes seemed anxious and nervous, and, though staxuiinig' firm, " repeatedly -wiped 'his -forehead; O'Connor' wae «ager, and' listless in assertion nie' inoocesce of complicity with wounding, and wbrn sentenca -of death -was 'passed, he assumed, a resolute air. and .turning- round to ihc gallery, caid " Goodbye." ' • ' • , • , ' ' After th-3 usual formalities had Been observed the throe men.' were called' up -find sentence- of death was -pawed upon. «ach of them.,, the. judge informing them ' that _,' he could not bold out any hope of mercy. A feiw days after the condemned men had been caet for death, a new story appeared with reference to the outrage of which they bad been convicted. The story, which was circulated by the Sydney Empire, and wfcieii -was said to be well substantiated, certainly showed that Charles Rces had some claim to mercy. The statement was to the effect that after the two Rosses left the house of Mr Stephens, Alexander Rws granted to shoot O'Connor, and actually leaded his revolver for that purpose, when Charles Ross struck the weapon "un with bis hand, and it exploded in, the,',airi Further, it was said that Alexander Roes expreEsed his intention *o return to the house, murder all the inmate*, and set fire to the dwelling.' in order to destroy all evidence of his crime, he doubtless supposing that Mr Stephens had died from his wound 6 . This intention. so said the story, was with much difficulty frustrated by the firm opposition of Charles Ross. It was strange that nothing of this ooEcd on* at the trial, or when the witnesses were defending themselves ; but it was generally believed that O'Connor had communicated, the facts to the gaol authorities after the trial and .sentence. Bui it failed to influence the Executive in favour of' the condemned men, although for other reasons which . did not appear the death sentence passed upon O'Connor was com"mutecl to imprisonment fojr life. In due- course tho two Rosses were -executed within the pre.cincts. of Darliaghurst Gaol. Alexander Roa», the man \rfio fired the shot by which Stephens was wounded, was a Roman Catholio by nersuasicn, and was attended to the scaffold by tho Venerable AreJidcacon M'Enroe and Fathers" Sheridan and Dwycr. Charles Ross, his companion in crime, was a Protestant, and was attended by the Rev. P. P. Agnew. Both men while ,und,cx con,demga.ti9a JTere

raited by the Sisters of Charity, whose exertions they received most gratefully, devoting themselves with earnestness to that preparation so necessary for men whose lives were about to cease. The number of persons present at the execution did not exceed 30 or 40, although there was a crowd of about 100 or more assembled "outside the gaAes of the gaol; but these, of course, caw nothing of the terrible scene. At 6 o'clock the criminais had their irons knocked off, and tho remainder of the time, up to leaving the cells, was spent in devotion in company with 'tho reverend gentlemen named. At' 9 o'clock the Under-shfirlff, who was evidently much affected at the nature of the duty he had to discharge, made his formal demand for the bodies of the criminals, and ehortly afterwards • they were -pinioned in' one of *he corridors, and the cad procession "moved towards .the. ecaffold erected in the centre of the gaol yard. Both criminals were- habited in .the gaol dress, and behaved with an amount of decent fortitude whica' struck- the spectators, and left no doubt thai the ministrations of religion had not been expended fruitlessly^ Arrived at the foot of the gallows, I;he two wretched men. knelt for a. few moments in prayer, repeating the .response*' audibly and with much- fervour." They tbea -ascended the ladder; Alexander leading . the way/ but pausing 'for a moment 'on the steps to ' bid adieu to ' the Eev: .Mr Dwyer, who .was* quite overcome, and retired weeping from ,-the- grim strtre.;ftire. Charles Roes, also .mounted ih'e steps without' a, tremble,, followed' by the Venerable Archdeacon, ttie ■ Rev. Mr Agnew, and • -the- -•executioner.'' -'Once '' on. ' the platform the dreadful preliminaries were .6peedily completed'; -.the, ropes were placed around the necks of the wretched 1 men, caps were drawn over their faces, the clergymen retired, and at a given' signal executioner drew the bolt. The platform instantly slid from -beneath their feet; a dull, heavy jerking followed,* and the culprits were suspended. In the ease of Charles Rocs' there •was a complete dislocation of the neck, and. death was - instantaneous. -Alexander Ross, however, convulsively' for several minutes, the kaot of the rope having slipped ia the fall. At half-past 9 Dr West, the medical officer of the gaol, having certified that .life was extinct, the bodies were lowered into shells, and the two beings who had just shortly before emerged from the cells in aH the -vigour and health* of manhood, were carted away as breathless cJodfe — -a. terrible example -to all evildoers, and one which,, for tfa«e, »ke o f! ©ociety and of humanity, -it is hoped would not be without its influence on those misguided men who bad transformed many portions of the colony into arenas of .robbery" and outrage. . The -two men who th"us ended' their lives on the scaffold had each a previous criminal' "record. - , '"■ Alexander Ross, who fired the shot that inflicted,; tbie. wound 1 / was'a^native of Wolver— -hanvpton, and 'arrived' in the colony tby the •Royal Greorge'in 1529. No, such, name as' Ross'appeared" upon" the indent of .that ship,' ; but the 'name of Hogers corresponded, withrthis » prisoner*" - description. -Roae, 'or! /Rogers, was^gupposed io have been on Nor-, 1 " .folk Island,7"&l which' place he> inade'£he first acquaintance hi. the', notorious^. Aine'werfch; '*' This pair -of worthies subeequsitly met in Queensland, but thaFyouAhful 'colony 'not offering' scope 'enough for .the extensive range that -their taleait»<leittafidecL they left for Sydney. On their arrival in Sydney, Ros3 represented himself as a man of wealth and a stockowner, but before anything in the .way of business could be done> Ains- ■ worth ,(who could not .remain quiet) got himself into difficulties in Maitiand for passing a cheque thwb proved to be a forgery, and,- being convicted, was imprisoned in.. , Darlinghurst Gaol: This broke up tho partnership, and Alexander. Ross proceeded, to the Lachlan with the evident intention of 'making gold in the shortest way, since he promised to return in three months and marry a young .per3on, servant in a hotel in Erskine street, at which he stopped. In her hands lie left his portrait and a quantity of trinkets as n pledge for his return. ' Only about 14 -days prior to the commission of the offence for which he suffered the death penalty he met with his namesake, Charles Ross, who, however^ was no relative, and *whether , they committed any robberies in company prior, to that of which they have been convicted was not known. O'Connor had only joined the two on the night •previous to the robbery. Alexander Ross ivas 49 years of age. •

Charles Ross, who was aged 51 years, was born at Cheltenham.* Came' to the colony in 1857 in^ the ' ship Liicfetia. Only very shortly after- landing at Sydney he indulged in. crimes which* brought liizn into 'trouble. He mau'e the ' purchase "of a. large . quantity of jewellery at the shop" of Mr Beckjnan, •ordering* it to .be. sent to "his lodgings at a hotel which he" named. . The ( jewellery was•sent. Mr Ttoss received it" from the Hands of the porter; bidding him -wait whilst he .went upstairs and wrote' a.oheoue. 'Instead -of going upstairs; however, fee got into the street by another door, and was not seen again until some weeks afterwards, when he was apprehended in the interior on a charge of horse-stealing, and was then identified as answering the description of the robber. Ho was sentenced to six 3'«rcs on the roads, and was tent to Cockatoo Island, from which plaoe he /was discharged in June, 1861, after a punishment of less than four years' duration. Between the date of liis release and his meeting with the other Ross it was not known how he occupied himself, but at all events he managed to keep out of sigh^ of ttie police. v , " "William O'-Connor, was .52 years of age, and a native of Tipperary. He" came to the colony in the ship .Equestrian, in" 1851, and had just previous to the' outrage been, engaged up.on stations in the Western districts, there being no crime recorded against him until, in an •c-vil hour, and under the influence of the demon of intemperance, he joined with the Rosses in. the attack upon Stephens.

The reign of the three men was short. Their first exploit in company carried disaster with ite success, for -the money they had taken from the man -whom they had wounded almost to death did not serve even to bring indulgence in one single xarouse,the hand of justieeliaving closed upon them they had well started on the road which .they imagined would conduct „ them to a safe retreat. The gallows for two and the ironed cell for the third was not the end they expected; but it was the only end that would have satisfied the people whose peaoe and safety had been so rudely disturbed by the Caloola outrage. Poor Stephens was marked for life, but that was not all. His business was ruined, and with health enfeebled by the shock he was compelled to begin anew the battle of life, aa. man£ £no.th.er before him,, and Bjjenfc

years of toil and trouble where, but for the wrong-doing of others, born of tho lust for gold, -he might have 'lived in peace arid all* the comforts a flourishing business is supposed to bring. Nevertheless, his -regrets were, tempered by the reflection' that his life had not fled before the bushranger's bullet. And life being preserved, the loss of earthly goods — great though that loss was — did not ' overwhelm the sufferer. " ,"."*• (To be continued.)