AUSTRALIAN OUTLAWS.

Star (Christchurch), Issue 7567, 27 November 1902, Page 4

AUSTRALIAN OUTLAWS.

BUSHRANGERS OF A BYE-

GONE DAY*

[All Rights Reserved.]

CHAPTER Vll.— (Continued)

Shortly after this, a startling wire reached the colony from Melbourne, tp the effect that Gardiner had been arrested, with two--other bushrangers, at Grant's Station, in Victoria, and that one \rf the bushrangers had been shot ; but the falsity of this rumour was made manifest by the report of a somewhat sensational encounter between Gardiner and Sir Frederick Pottinger and Senior-Sergeant Sandtrson, near Wheogo. The particulars of 'this encounter may be given in Sir Frederick's own words, and here is his story : —

On Sunday morning, at half-past three, said he, I apprehended a youth named Walsh, at the residence of his brother, at Wheogo ; being aware that Prank Gardiner, the bushranger, was enamoured of Mrs Brown, and believing that he would take advantage of her husband's absence to tender his addresses, I prooeeded on Saturday, with eight men, to the premises ; I arrived at 12 p.m., and leaving four of the men in charge, I went with Senior-Sergeant Saiiderson -and Trooper Holster to watch the place; I subsequently sent Sub-Inspector Norton and Trooper Holster to guard the front, while Senior-Sergeant Sanderson and 1 hid ourselves in the bush ; we discovered the house dark and silent, as though everybody was asleep ; after about half an hour, we saw a light struck, and, in a few minutes, a woman made her appearance, and commenced to collect wood, for the "purpose of making a fire, bub neither Sergeant Sanderson nor I could identify the woman, as we were concealed at a distance of one hundred and fifty yards from where she was standing, in a thick pine tree - scrub ; it might be twenty or twenty-five minutes after mv seeing the woman, that I observed a man, 'mounted on a white horse, approaching Brown's house at a quiet pace, upon which I called upon Sanderson to fall back, and we did so, to our original position ; suddenly, the noise of horse's hoofs sounded nearer and nearer, whe» I saw Gardiner cantering leisurely along ; I waited until he came within fire yards of me, and, levelling my carbine at him across his horse's shouller (the weapon, I swear, being about three ■ards from his body), I called upon him to -tand ; I cannot be mistaken, and, on. my tiath, I declare that the man was Frank Gardiner j deeming it not advisable to lose-

a chance, I prepared to shoot him, but the cap of my piece missed fire ; Gardiner's horse then began to rear and plunge, and, before I had time to adjust my gun, he had bolted into the bush ; as Gardiner was riding away on the back of the frightened animal, Sergeant Sanderson fired at him, as also did Holster ; I called out to those who could hear me to "shoot the wretch." Gardiner, however, made his escape ; we then proceeded to Mrs Brown's house, and, having seen her, she frankly admitted that Gardiner had been at her place; I saAV a bed made upon the sofa, and a four-post bedstead, with a bed upon it, in, which two persons had been reposing ; the boy Walsh was in it asleep, and he declared that he had heard no noise, and did not know what had happened ; he had lodgings at his mother's and was not obliged to sleep where he was found ; I immeditely arrested him; on the table in the kitchen I saw the debris of a supper, a bottle of gin, a flask of powder and a box of revolver caps ; some few da.ys ago I received information that Gardiner had been seen,' accompanied by a lad answering the appearance of Walsh, near to Mrs Walsh's residenoe, and that while a mail named Humphreys was stuckup on the road a youth like Walsh held Gardiner's horse while he perpetrated the robbery ; when I came across the bushranger's camp a short time since I picked up a email monkey jacket, only large enough for a boy to wear ; Walsh says he is 17 years of age, but I don't think he is more than, 15 ; I may add that the gun missing fire was purely an accident, as Sergeant Condell, when he loaded it, took every precaution to prevent the misadventure.

But another version of the story, differing in some important particulars from that given by Sir Frederick, gained currency at the time. It was to the effect that Gardiner was actually dn bed in, Mrs Brown's house when the troopers surrounded the place ; and one of the district papers closed the account of the affair given in its columns by expressing astonishment that ten men, all fully armed, should let one man escape, when that man was in the house, and asking " Was there not gross mismanagement somewhere?" It may be remarked that the men who were with Sir Frederick never had their bravery ques tioned ; but they were under orders, and could not move a finger to intercept the King of the Road ' until the order was given. When, that order was given their chance was gone. The leader had taken all the chances, and had missed his throw.! Those whose duty it was to stand idle while he acted cannot be blamed for failure if the word to " shoot the wretch " came to them after the " wretch " had flown.

It was reserved for Senior-Sergeant Sanderson to score the second success, as he scored the first. He knew the field over which he was working and the men who lived on that field ; and quietly, but effectively, he carried on this work. Proceeding to Wheogo ' he arrested, on suspicion of cattle stealing, several well-known characters, amongst them being John 'STGuire (quartz miner), Benjamin Hall (labourer^ John Brown (labourer), Daniel Charters (labourer), and William Hall (miner), the whole of the men, with the exception of the last-named, being residents of Wheogo. Upon one of the men some notes were found which were claimed by William Hall, but as they appeared to correspond with a portion of the money stolen from the escort; the men, when brought up at Forbes, were charged with being concerned in the escort robbery. After evidence of the axr&st had been, given, Sir F. Pottinger, who had chargei of the case, applied for a remand for seven days, in order to enable him to produce an important witness to identfy the notes. ■—. •■

Mr Bedman, Who appeared* in the defence', applied 1 to Sir P. Pottinger for a copy of the warrant under which the prisoner Hall was proceeded against, as he in<tended to make an application, to the Judges of the Supreme Court, in Sydney, for an opinion regarding the legality of the proceedings taken by the police in this instance.

Sir F. Pottinger objected to the prisoners being allowed bail, as it would interfere with any future steps he might think it requisite to take. He said it was through the circumstance of Gardiner being allowed! bail, when at Lambing Flat that he had escaped the law so long. Had he been detained two days longer, it would have been proved that he was a prisoner of the Crown at large. As it was, he- 'had since committed deeds which have made him notorious. He protested against bail being taken for the reappearance of any of the prisoners, excepting the prisoner Daniel Charters, of whom he had nothing to say. He promised that the copy of the warrant applied for by Mr Redman should be forthcoming within the twenty-four hours. The prisoner $ aniel Charters was then admitted to . bail, in two sureties of £250 each, and his own recognisance of £500, to appear when called upon, and the other prisoners were remanded.

And now occurred a fresh and altogether unexpected development. Charters sent for Sergeant Sanderson, and made a confession to him, which, while it exonerated some, of the men who had been, arrested with him', incriminated himself and a number of others upon whom suspicion had not fallen. These were Alexander Fordj'ee, John Bow, John M'Guire, and John O'Meally ; and Sanderson lost no time in securing the three first named, and lodging them in the lockup at Forbes. As it happened, another of the men named by Charters was at the time in custody — the mam, who had been rescued from Pottinger near Narrandera, who had given his name as Turner, but whose proper name was Manns, and who had been rearrested shortly after his escape. Charters also named eight men, including Gardiner, all well-known to the police, who could not be secured just then. Fordyoe, Bow, M'Quire and O'Meally were charged at th& Forbes Police Office, and remanded to Bathurst for a further and fuller hearing. That hearing took place before Dr Palmer, P.M., and Messrs Hawkins and Clements, J.P.'s., but as the case was heard with closed doors, the evidence was not published. The result was a further remand, and the release of., one of the prisoners, O'Meally, on bail, 'thus indicating that more had been proved against tike others than against him. During the week, M'Guire, Fordyce, and Bow were again brought up, and fully committed to take thtir trial at the next Bathurst Circuit Court, or at such other Court as her Majesty's Attorney-Genera! might direct. This occurred in October, 1862, the prisoners having been already three months in custody.

Now, at this time three mem were awaiting their trial in Bathurst Goal for the attempted murder of a storekeeper named Stephens, at Galoola, about eighteen miles from Bathurst, they having "9tuck up" the store and shot the owner in a most brutal and cowardly manner. There were also* half a dozen otiher highwaymen under committal for bushrangiiig, and fresh robberies under arms in the district were being reported almost every day. It was natural, therefore, that Bathurst people should feel a. concern bordering upon alarm, and manifest anxiety to have the daring criminals already in custody promptly dealt with. It was, therefore, agreed by a number of iifiuential gentlemen of the towto tihat a pei.tiou should be got up and forwarded to the Government, praying that the prisoners '■vh.o had been committed at Bot'hurE't for the base outragfr upon Mr Stephens, of Jnloola, might be tried by tpecial commis<iou with as little delay as possible. This • ur.se, it was believed, would carry a warn-

n i; voice to the Villains who were infesting .he western country. A petition was accordingly forwarded, and the Government it once fixed Feb. 2 proximo for the> trial ■ f the. prisoners, but ordained that the vm mission should sit at Sydney instead

f Uathurst. The Government acted in ■hi.-; matter so as to carry out the suggestion' or the benefit of the- country at large. Mail :-i)l)bories ;unl other depredations under iire:rnis were being cimimh itted in other jiurts ■f the country ; nud it was therefore determined that the principal eas«s of tiiis

character should be disposed oi at o-ne and the same special sitting. The Batttiurst- people, of course, viewed this change of venue -with, great disfavour, and loudly protested against the trials 'being beard in Sydney, chiefly on *he grounds that the prisoners -would have greater chances of acquittal before a anefcropoittan jury who knew nothing of bushrangiag lave' by name, and that the expense to the witnesses who mm* perforce l^ve^ their homes and dance attendance upon the Metropolitan Court, perhaps for a fortnight, would be more than mamy of them could j well bear. . The protest, however, wais ineffective, and in due course tfte prisoners were removed by coach from Bfttfourst gaol to Sydney. They crossed the mountains under a strong escort, several armed foot polioe being inside the coaoh with them, while a strong guard of mounted troopers, under the command of Sub-Inspector Sanderson, (who had been deservedly promoted), and Sub-Inspector Orridge accompanied the party. Fordyoe, Bow, MannS, alias Turner and M'Guire were charged with the escort robbery; Alexander Ross, Charles Roeo and William O'CoWor with the Oalcola outrage ; and fhree other men, Healy, MacKay and WiEiams, with acts of highway robbery. :j_ (To be continued on Saturday.)