The Death of Captain Melville

Many bushrangers met grisly ends over the course of history, and a considerable portion of them met their end within prison walls. Yet very few can lay claim to such a gruesome end as Francis MacNeish McCallum, alias Captain Melville.

Extract from Captain Melville’s prison record [Source: PROV]

Melville was incarcerated at Melbourne Gaol after receiving multiple sentences for highway robbery, totalling thirty-five years to be served; the first three of which were to be in irons. Questions had been raised about Melville’s sanity not long after his imprisonment due to his erratic behaviour. On 28 July, 1857, things came to a head when Melville refused to allow the night tub (the bucket used as a toilet) to be removed from his cell, threatening to kill anyone that tried to take it. His lack of cooperation soon saw the gaol governor, George Wintle, order James Rowley, the chief turnkey, to take two warders into the cell and forcibly remove the night tub. As the men entered, Melville brandished in one hand an iron spoon that he had made into a makeshift knife by sharpening the handle, and in the other he held the lid of the night tub as a shield. As he stared down the gaolers, he declared “I’ll make a corpse of any man that tries to take that tub!”

Rowley carried a stepladder into the cell in order to put some distance between himself and the former bushranger, keeping Melville distracted with it while a warder rushed in and tried to pin the offender down. A scuffle broke out with the gaolers attempting to disarm Melville who fought like a tiger. Seeing things getting out of hand, the governor intervened. 48 year-old Wintle had experience dealing with the worst the penal system had to offer, having worked in Sydney on the prison hulks before being appointed governor of Melbourne Gaol, so was unfazed by the prospect of dealing with this renegade inmate. At that moment, Melville broke free of his captors and lunged at Wintle, slashing him behind the right ear with the sharpened spoon. The wound was severe and bled freely. Rowley leapt upon Melville to wrench the spoon away, to which Melville replied by trying to drive the sharpened end through Rowley’s hand. The move was a failure though as it merely cut across the hand and glanced off Rowley’s ring. In the scuffle, the spoon was broken, disarming Melville. The night tub was then successfully removed and Melville handcuffed. Dr. McCrea, the prison medical officer, was sent for. He treated the injured men as well as recommending that Melville be kept in handcuffs and put in a straightjacket if he played up again. McCrea then directed the gaolers to keep Melville isolated in a solitary cell, where he was to be kept on a restricted diet and monitored.

Dr. McCrea, visited with Melville over the next few days to make an assessment of him. It had been supposed that Melville was feigning madness in an attempt to be relocated to the Yarra Bend Asylum, which was low security, and from thence effect his escape from incarceration. Initially, Melville presented as insolent and sulky, refusing to take food, but as time went on he began to accept his situation. On one occasion, Melville expressed to McCrea that he had been fighting a losing battle against the world all his life and the time had come to take his punishment quietly. McCrae determined that the apparent mental instability was an act intended to gain sympathy and render him unaccountable for the attack on Wintle and Rowley. It was expected, based on this assessment, that Melville would be tried for the attack on Wintle. During the assessment period, Wintle himself would visit Melville two or three times a day in order to check on the prisoner’s mental state, also concluding he was sane.

Melbourne Gaol, circa 1859 [Source: Libraries Tasmania, Launceston]

On August 11, 1857, Melville met with McCrae and was discharged from medical treatment. He passed the day away without incident. He ate his dinner at around 6:00pm and went quietly to bed. On the following day at 7:15am, James Rowley checked in on Melville and discovered his lifeless body on the bed. He was on his left side, the bedclothes were over him and his hands were clasped over his breast. The bushranger had rolled a large handkerchief that he usually wore as a neckerchief into a rope and created a slipknot that he tightened around his neck. The handkerchief was around two yards long and he coiled the end around his throat three more times to compound the effects of the noose, before inclining his head down to the left until the ligature slowly choked him to death. The makeshift noose was so tight that it was impossible to get a finger between it and the throat.

Dr. Maund performed the post mortem examination immediately after the body was found. He noted a bloody froth at Melville’s mouth and ears, as well as several scratches in his arm in the shape of a cross that were apparently made with a nail. There were various signs in the body that correlated with the strangulation, including the presence of blood in the lungs and the scalp being engorged with blood. There were no signs of struggle, the body and organs appeared perfectly healthy apart from the effects of the strangulation, and there were no visible signs of disease of the brain. It was estimated that he had committed suicide at around midnight.

At midday, the city coroner, Dr. Youl, performed an inquest before a jury. Dr. Maund, Governor Wintle, Dr. McCrea, and James Rowley testified at the inquest. Wintle explained that from 8:00pm to 6:00am the only key to Melville’s cell was in his possession, meaning that only Wintle had the ability to enter the cell during the night, ruling out foul play by others in the prison.

The jury came to the verdict that Melville met his end by felo de se, which was the legal term for a felonious suicide. He was deemed to have been perfectly sane when he undertook the action. Under British law, suicide was illegal and those who died by their own hand were to be buried in unconsecrated ground.

Curiously, in Melville’s cell, the deceased had seemingly scrawled a message onto the wall in lead pencil before his death, which read:

I am to suffer nothing. My name is not T. Smith but — Macullum. I intend to defeat their purpose and to die in my bed with a smile by my own hand ; and thus by my keenneys to defeat their most secret intentions and these steps are taken to give me an opportunity of doing so, as it is in my power to prove that I am not the man I am taken for.

Supreme Court & gaol, Melbourne, lithographed by Stringer, Mason & Co, 1859 [Source: NLA]

According to contemporary reports, a death mask was made by Professor Schier. There has been some confusion as to whether the death mask labelled “Melville” on display in Melbourne Gaol is that of Captain Melville or of George Melville, one of the McIvor Escort robbers who was executed in the gaol, though it is generally accepted to be the latter.

It has been insinuated that there was foul play involved in Melville’s death. None of the information provided during the inquest raises questions about whether Melville took his own life, and the message found on his cell wall not only corroborates this, but gives motive. It is very unlikely that Wintle would have used the downtime during the night, when he was the only one with keys to Melville’s cell, to go into the cell and choke Melville to death, even as revenge for the attack in July. Rather, it seems that Melville was determined to end his life rather than endure incarceration for decades or even face execution for his attack on Wintle, and waited until he was no longer on medical watch to do so. In the end, it seems that Melville got the last laugh by ending things on his own terms, but it seems unlikely that there were many tears shed at his passing.

Spotlight: Frank Johns’ Statement

One of the men involved in the story of Captain Moonlite is Thomas Williams, the alias of Frank Johns. Johns was the son of a pious Ballarat family who had been employed as a confectioner before engaging in a career of lawlessness. It was during this time that he severely injured himself, his left hand being crushed by a roller. The plunge into lawlessness was a massive shock to Johns’ family and the community as he had always been known as a quiet and well behaved young man. While living as a bushranger, Frank Johns assumed the pseudonym of Thomas Williams, which was the name of a childhood friend of his from Sunday school. Naturally the father of the real Thomas Williams was shocked to read of his son’s apparent involvement in bushranging, however a little relief came when the truth emerged.

After his capture at McGlede’s farm, Johns was severely clubbed with a revolver causing multiple injuries to his head. At the end of proceedings, all defendants were found guilty in the murder of Constable Webb-Bowen and sentenced to death. The statement that follows was written by Johns in an effort to set the record straight as he saw it. When the sentence was put before the executive council, as per the usual process, Johns and Graham Bennett had their death sentences commuted to long prison terms due to their youth and clean records. Andrew Scott and Thomas Rogan were not spared their appointment with the hangman however.

Sadly, Johns may have avoided execution over the death of Webb-Bowen, but he was later hanged after killing a fellow inmate in prison. ~AP

[Source: The Sydney Mail and New South Wales Advertiser, 29/11/1879]

Wantabadgery Outrage.

THE BENNETT CASE.

JOHNS’S STATEMENT.

The following letter was addressed on July 2 to Mr. A. Campbell, M.L.C, by the convict Johns when under sentence of death:

‘I write at a gallop, without any premeditation a plain unvarnished statement of the truth. We met Bennett about eight miles from Gundagai, at a traveller’s hut on a station. He was alone, and told us he was on the tramp looking for work. In the course of conversation the Kelly gang was mentioned. He said that rather than do as they had done, or act dishonestly for a living, he would starve. Scott asked him what he thought of Moonlight — that is, himself. He said he heard but very little of him, but that little was enough to convince him that Scott was a villain.

The next morning (we all camped at the hut that night), he decided to come with us, little knowing on what errand Scott was. In the course of the day Bennett happened to catch a sight of Scott’s revolver under his coat in a pouch. He asked him what it was for Scott told him a telescope. But Bennett seemed suspicious of us after this ; and I heard Scott remark to Nesbit that Bennett knew we were armed, and he thought it advisable to keep him with us. Shortly after this we came to the station (which we afterward stuck up), and being treated rather roughly by the superintendent, Scott determined, to be master for awhile. All this time Bennett knew nothing of us. We were five then, and Scott thought it advisable to get another man, so as to make six. No one then would then be alone, he said, but we could always be in twos when doing anything. Scott expressed his intention of asking Bennett to join us, and, if he refused, to compel him. He then turned to Bennett and showed him his revolvers, telling him that he was Moonlight, and intended to stick up the station. As near as I can remember he used these words then, ‘You must do one of two things, either join us of your own accord and we will all share alike, or you must join us by compulsion.’ What Bennett answered I cannot just recollect, but I know he seemed not to be capable of realising the situation.’ ****

When we went down to the Murrumbidgee River to wait for sight, or a favorable chance to attack the station he (Bennett) wandered once unnoticed for the moment — while we were engaged in getting rid of the superfluous contents of our swags — away from us a little down the river. Scott told me to go and bring him back at the point of the revolver, if he refused to come quietly. ****

He came back with me, evidently seeing it was useless attempting to escape from five persons with arms. He came to the station with us. Scott instructed each of us to keep an eye on him, in case of what he called treachery. ****

I am perfectly certain that he did not shoot Bowen, for the ball found in the wound was fired from a Colt’s revolver (so it was proved by an expert in court), and the only men who had such revolvers were Scott and Nesbit. I know it was reported that Bennett shot Bowen ; but I don’t believe it. There was a favorite Colt’s revolver of Scott’s which I noticed did not appear in any of the courts after the affair.

I thought at the time, and still think, that Scott probably shot the man and then then threw this revolver away into one of the paddocks about. ****

Had justice been given Bennett he would have been discharged. Let the poor fellow go now. ****

In haste,— Frank Johns, or Thomas Williams.’

Source: “Wantabadgery Outrage.” Evening News (Sydney, NSW : 1869 – 1931) 24 September 1885: 5.

Wantabadgery: 140 years on

On a stormy November night, six rumpled figures try to shelter inside swags. The grey woollen blankets that trap the rapidly depleting warmth from the quivering bodies are hardly protected by the oilskin sheets that form a waterproof crust and are heavy with rain water. One figure alone remains upright as rain pelts down in sheets. The darkness obscures his features beneath the curled brim of a drab coloured felt hat. As clouds shift and briefly allow light in from the moon, the man’s pale blue eyes seem to blaze. There’s a wild look about them, as if something animalistic were emerging. His normally sensual lips are tightened into a lupine snarl. He feels an ache in his limbs, old war wounds excited by the cold night air. Through the darkness, he stares with simmering rage at a handsome whitewashed homestead below him. The last plumes of smoke drift from the chimneys as the lamps are extinguished and the occupants retire to their beds to sleep in warmth and comfort. The amber glow fading in the windows mocks the men on the hill. It taunts them by leaving domestic comforts in plain view but frustratingly out of reach. The man with the lupine snarl fingers something in the folds of his threadbare coat, something hard and cold. His spidery fingers curl around the grip of a revolver. The walnut grip is unusually warm and inviting. It wants him to hold it, to feel its heft in his palm. He turns his gaze to the heavens. There is no moonlight visible in the night sky but on the ground is a different matter…

***

The story of the Wantabadgery siege is one of the most remarkable in bushranging history. There are equal measures of farce and horror, pathos and bathos. We see the figure of Andrew Scott/Captain Moonlite flip-flop between violent desperado and whimsical larrikin. There is a vibe that is reminiscent of the capers of bushrangers like Ben Hall and Bluecap and it reaches a peak with a gun battle wherein, miraculously, there was no bloodshed. Sadly, the same could not be said for what happened at McGlede’s farm afterwards, but here we will examine what happened at Wantabadgery Station on 15 November through to 17 November, 1879.

It is easy to dismiss the story of Andrew George Scott as not really being that of a “bushranger” at all. After all, he and his band of followers robbed no mail coaches, they didn’t gallop through the mountains on thoroughbred stallions waving pistols, and there were certainly no killings attributed to them prior to the clash at McGlede’s. The popular perception of what constitutes a “bushranger” is only really applicable to a small portion of people who fall under the banner. As one looks back through the stories of bushranging, even going back to the very beginning with Black Caesar in 1788, the common themes through them all are the rejection of society and a retreat to the wilderness. The romance of the bushranger comes from the idea that rejecting the confines of civilisation brings freedom, but the reality is naturally a far cry from that ideal. In the case of the Moonliters, as they will be referred to for the sake of brevity, they rejected society because they had all become outcasts in some aspect. In essence, they rejected the society that had rejected them. They were not bushmen seeking to return to their roots in the wilderness, they were the disenfranchised and discarded who has been beaten down by what referred to itself as civilised. In essence, what happened at Wantabadgery is a lesson about what happens when you push people too far and they go over the edge.

***

That night as exhaustion trumped his rage, Andrew Scott fell into a fitful slumber. His mind became a swirling Hibernian fog, with the spectres of his past lurching out at him. The echoes of his father’s sermons that he sat through as a boy in Rathfriland rolled around him as he recognised the smell of gunsmoke and a shadowy mound before him coagulated and morphed into the brassy-skinned body of a Maori warrior, a pool of crimson seeping out from under his outstretched arm. He saw the monolithic form of a poppet head looming from a mine at Mount Egerton and felt the chill of a winter in his former cell in Pentridge. All the while there was presence behind him pushing him deeper and deeper into the mist. He turned and came face to face with himself!

***

Andrew Scott had the most incredible fall from grace, going from a well educated high society man to a penniless tramp hawking the clothes off his back for enough money to buy bread. It all fell apart after he provided a suspicious alibi for the son of a Bacchus Marsh squatter who was up on stock theft charges. The following scandal resulted in the church sending him to fulfil his duties as lay reader in Mount Egerton. It was then that he became embroiled in the robbery of a bank. The evidence that supposedly linked him to the crime was flimsy and Scott would always protest his innocence. However, it was after moving to Sydney when an unpredictable chain of events saw him going to Fiji and agreeing to establish an agricultural company on an island there, before returning to Sydney and living the life of a debauched libertine off the money he was meant to be using on tools and supplies. His penchant for alcohol and pleasures of the flesh was out of control and he soon found himself in gaol over valueless cheques. He would spend the next decade of his life bouncing around prisons where he met James Nesbitt, which would be the trigger for him to sort his life out. When he was released in 1879 he decided to use his oratory prowess and his experience being at the mercy of the police and prisons to benefit others in the same predicament. His lecture tour on prison reform ground to a halt as police interfered and caused multiple performances to be shut down, which caused quite a stir among the press and public alike. Police would haul Scott and Nesbitt in on any crimes they could and this harassment saw Scott elect to leave the colony in the hope that he could find honest work north of the border, seeing as all he found in Victoria were closed doors. It seems to be indicative of the commonality of the disenfranchisement that he managed to gather a group of four to accompany him over the border.

James Nesbitt

James Nesbitt had met Scott in Pentridge while doing time for his involvement in a mugging and would soon become his partner in all things. It was left ambiguous as to whether their relationship had a romantic element, but there were enough hints in witness accounts and Scott’s own words and actions to indicate that there was indeed more to the pair than simply a platonic connection. Nesbitt was vital to keeping Scott going. Whether it was emotional support or taking care of Scott’s medical needs, Nesbitt was an attentive and devoted partner and Scott reciprocated in his own fashion.

Accompanying Scott and Nesbitt were Frank Johns alias Thomas Williams, a former confectioner with a crippled left hand who had joined Scott on his lecture tour as an assistant; and Gus Wernicke, a fifteen year old grocer’s assistant whose father had recently remarried to his aunt, with whom he had such an awful relationship that he ran away from home. As they travelled, they added Geelong native Thomas Rogan (alias Baker, alias Brown) to the mix. Rogan was a cobbler who had done two sentences for horse stealing and larceny served in Beechworth, Pentridge, Williamstown and Sandridge, but seemed keen to chuck his lot in with the gang and joined them near Sandhurst. It wasn’t until nearing the end of the journey that they adopted the impish Graham Bennett, who had been tramping the Riverina looking for work. The quintet had crossed paths with Bennett while he was residing in an abandoned hut on the edge of a farm. It didn’t take much pressuring to convince him to join them. However, by that time the group were starving, unkempt, broke and horrendously low on provisions. Their smart city clothes had been sold to get money for supplies and the men resembled animated scarecrows. Bennett began to grow edgy when he saw a pistol tucked under Scott’s coat in a pouch. Scott tried to convince him it was a telescope. The journey was gruelling and morale was at a low ebb when they reached the fabled Wantabadgery Station, desperate for a helping hand. Scott had been informed that here they could get work or at least food and shelter for the night.

***

Sunshine tickled the leaves around the boys as they arose from what slumber they had managed to snatch out of sheer exhaustion. Scott was already awake and standing to attention, the rage of the previous night still charging through his veins. Bennett approached Scott with a miserable expression.

“I hope you won’t be offended, sir, but after last night I think I’ll be better off on the tramp alone as before.” Scott responded by brushing open his coat and showing the boy his revolver.

“I’m Captain Moonlite,” Bennett’s eyes widened and he stumbled slightly as Scott brandished the weapon. “You must do one of two things, either join us of your own accord and we will all share alike, or you must join us by compulsion.

***

In the early 1860s, Dan Morgan had gained the nickname “the traveller’s friend”. His notoriety had struck fear into the hearts of the owners and superintendents of farms throughout the Riverina, which meant that they were all too afraid to refuse to help any scruffy looking swaggie that asked for assistance or work. If they refused, they risked raising the ire of Morgan, who was known to burn buildings on the farms of those he felt needed a comeuppance. However, Morgan had been killed in 1865 so his reputation no longer held any sway. Swaggies were frequently turned away or employed for little more reward than table scraps for dinner and the least mouldy hay in the barn as a bed. Sadly, desperation led many men, forced into itinerary habits by economic depression, to settle for whatever they could get. Unfortunately for the Moonliters, they had the additional headache of police dogging their movements and riding ahead of them into towns and farms to tell people not to employ them. In 1879, it didn’t matter if you had done your time in prison and paid your debt to society; the convict stain would determine the rest of your life and follow you everywhere, and it spread to all those who associated with you. For Scott, not only was he struggling, but he was responsible for the five young men who had followed him on foot from Fitzroy to Wantabadgery. It was his silver tongue, after all, that had lured them there. Hopes were high on Saturday, 15 November, but when they had been made to wait outside the homestead at Wantabadgery Station for two hours only to have the door slammed in their faces by Baynes, the superintendent, something inside Scott snapped. No work, no food, not even permission to sleep in the cowshed to stay out of the rain had been offered – the things he was promised were no more than words. For a former preacher, it must have been soul destroying to experience the milk of human kindness as little more than a fairytale. This made Scott a very dangerous man indeed. If there’s one thing history teaches us, it’s never make an enemy of a man with a gun and nothing to lose. That night as the boys slept on the hill overlooking the station, drenched by the rains, Scott plotted his revenge.

And therefore,–since I cannot prove a lover,
To entertain these fair well-spoken days,–
I am determined to prove a villain,
And hate the idle pleasures of these days.

– Richard III, Act 1, Scene 1

***

The young men spread out, each one armed with whatever firearm they could muster from the collection they had brought with them. Scott, now embracing the persona of Captain Moonlite, was armed with his Colt revolver and a Bowie knife. He tugged his beaten felt hat so that the brim shrouded his face in shadow. He stood up onto the verandah of Wantabadgery station, his crippled left foot making a scuffing, bumping sound as it dragged behind him along the boards. He balled his fist and thumped on the door. There was the sound of movement inside and the door opened slowly to reveal the station owner’s wife peering back from behind the door. The presentation of an octagonal bluesteel muzzle to her face immediately telegraphed Captain Moonlite’s intentions.

***

When the gang descended upon Wantabadgery Station at 9:30am on 16 November, all had code names and weapons. Scott, obviously, used Captain Moonlite to distinguish himself but Nesbitt, Williams, Wernicke, Rogan and Bennett were identified through the numbers 2-6 respectively. It is interesting to see how Scott embraced the persona of Captain Moonlite when he bailed up Wantabadgery Station. He was cooly methodical in how he directed his boys, and gave them numbers instead of referring to them by name in an effort to shield them from recognition. Accepting that he was now officially the villain, he stopped inhibiting himself and allowed his rage and whims to dictate his actions. The others seemed to feed off the energy and became quite animated and almost unruly from time to time; Wernicke in particular, which was marked difference from only a few days earlier when he had attempted to leave the gang to find his own way back to Melbourne out of frustration. The exception was Nesbitt who was almost timid and appeared to be the only person that could keep Moonlite grounded. This would be vital to ensuring that things did not escalate too wildly during the gang’s occupation of the homestead.

Over the course of the day more captives were added to the collection. An infamous and unpleasant incident was when Moonlite took a shine to a mare belonging to the McDonalds. As he attempted to mount the skittish horse it became wild with fright and Moonlite shot it dead, claiming it was too dangerous. It was a massive overreaction and an indication of how far Scott would allow the Moonlite persona to take over if unchecked. Among the workers captured by the gang was a Chinese man named Ah Goon, whose watch Scott stole. Scott was vehemently opposed to the Chinese workers being brought in on farms and taking jobs away from white men simply because they were willing to work for obscenely low wages. The practice was not only exploitative on the part of the farm managers, but in Scott’s opinion it was calculated by the Chinese to disempower the white labour market.

When Percy Baynes finally made an appearance it triggered Moonlite’s rage and almost made him lose control. The way Baynes had mistreated the group the day before was singularly responsible for the wrath being brought down upon the station and Moonlite threatened to murder and disembowel Baynes, but relented when Mrs. McDonald intervened. Baynes was unrepentant and continued to antagonise Moonlite throughout the day and even attempted to turn the gang against him. Such behaviour was ill-advised in the least and horrendously culpable at worst when dealing with armed bushrangers, and had it not been for the gang keeping Moonlite from carrying out his threats it is likely there would have been bloodshed and more than likely a grisly end for the curmudgeonly Baynes.

The gang took advantage of their unique position of power and helped themselves to new clothes to replace the rags they were in, as well as taking any weapons and ammunition they could find. They ate heartily, with Moonlite killing two fowl to cook and feed both his gang and their captives, except for Baynes. The relative success of their operation left them in good spirits. Throughout the day they took it in turns to sleep and guard. It seems remarkable that apart from Baynes there was no real attempts to attack the gang or escape to raise help.

The prisoners sat around the parlour, weary and subdued. The children fidgeted and grumbled as Bennett thumped tunes out on the piano and Moonlite sang with gusto. For the bushrangers it was a celebration of conquest, but for the captives it was demeaning. When all had settled, Moonlite finally acknowledged the strain the young ones were under and permitted them to be put to bed. He may be a vicious cutthroat but there was no need to make things uncomfortable for the children, he reasoned.

***

The way that the stick up of Wantabadgery station played out was a farce in the tradition of Johnny Gilbert and Ben Hall. Scott always had a flair for drama yet had been able to wrangle his compulsions effectively, but Captain Moonlite was his id let loose. At no point was this more apparent than his spur of the moment decision to go to The Australian Arms hotel. It was here that his thought process seems to have been quite difficult to follow. When confronted with the unattended pub, he helped himself to booze and the rifle behind the counter, but then went looking around the building where he found the children of the proprietors asleep and decided to take them with him. A modern mentality immediately assumes that he had very nefarious intentions in taking the children, yet Moonlite left a note for the parents and seemed simply to want to take the children to where there would be adults to look after them. It was a bizarre thing for him to do. Moonlite lacked the conscience of superego to define his choices, and somehow also appeared to be lacking in the judgement and mitigation of his ego. He was operating based on pure impulse and it seemed like he was enjoying it far too much.

Captain Moonlite

At 8pm word finally reached the police in Wagga Wagga that something was amiss in Wantabadgery. Despite the urgency of the situation, it wasn’t until 4am that a party consisting of Constables Rowe, Hedley, Johns and Williamson went to investigate. According to Rowe, they had been informed that 20-30 people were being held hostage by a gang of seven armed criminals. Given that the police murders in the Wombat Ranges was a fresh memory – only 13 months previous – it is little wonder that such a small police party should delay in getting involved.

***

The rumble of hooves tumbles through the darkness – tuttle-tut, tuttle-tut, tuttle-tut, tuttle-tut. As the riders come closer, the outlines of their uniforms become apparent; white belts and breeches catch the glow of the waning moon. The arrivals outside alert the dog, who bolts to the garden and begins to bark furiously. Now is the time for action and the bushrangers all gear up like mechanical toys, ready for battle. Nesbitt takes up a shotgun, the others arm themselves with pistols. Moonlite’s heart races as he prepares his Snider Enfield rifle. He flips open the receiver and feeds a cartridge inside. He takes a deep breath as he shoulders the rifle, memories come flooding back of preparing for battle against the Maori; the ache of the wait, the infernal calmness of the world around. The police arrive and hitch their horses to a fence. Constable Hedley sees a figure lurking in the shadows and calls on him to stand in the name of the queen, but he may as well be shouting at the wind. Scott’s finger tightens on the trigger. There’s a crack and a kick as he reels off a warning shot. The tangy smell of gun smoke fills his nostrils. The ball skims between Constables Rowe and Williamson. Moonlite watches the police scurry for cover. A smirk tickles the corner of his mouth. He tugs his pocket Colt out of its holster and steps into the light. The police return fire, hands trembling with anxiety and adrenaline. The barking of the dog is drowned by the barking of rifles as the rest of Moonlite’s men join the conflict. Moonlite strides out into the crossfire, caring naught for his own safety.

***

The account of what unfolds after the arrival of the police varies in many aspects depending on who tells the story. However, it is reasonable to suggest the following as an accurate summary. After Scott’s initial shot, the police sought cover and returned fire. A volley from the rest of the bushrangers served to let them know they were outnumbered. There was further exchange of gunfire and the police became overwhelmed. During the chaos a fire was lit in the barn then quickly snuffed out. The police hid in a forest of thistles then their horses were stolen by the gang. Very likely, at least one gang member rode a horse towards the police from a flanking position, prompting the constables to evacuate through swampland nearby on foot, pushing through water four feet deep. The bushrangers continued to fire after them, the shots hitting the trees. There were no deaths and no injuries, excepting the constables’ pride.

The police were demoralised but determined to regroup and make another attempt on the bushrangers once they had back-up. They headed to James Beveridge’s farm at Tenandra Park where they would acquire horses and before teaming up with police from Gundagai at 11am.

Though the battle that unfolded at Wantabadgery station is a deadly serious event, the lack of bloodshed allows us to appreciate the absurdity of the situation. Four police rode from Wagga Wagga expecting to be met with a few of rowdy swagmen or shearers, and ended up in a heated exchange of gunfire with half a dozen desperadoes and were hopelessly outclassed. Despite all their training, the police were no match for the untrained bandits.

While the police licked their wounds at Beveridge’s farm, the bushrangers were elated at their first victory. It was a victory that would be very short lived. As the sun rose over the Riverina, the Moonliters only had several hours of liberty left. By the end of the day two would be dead, the rest captured alive.


“I tried to leave the colonies but could not, and was persecuted with the surveillance of the police. The bread being taken from my mouth, and every prospect of honest livelihood gone, I came up the country and tried again to seek for work. As long as our money lasted we bought bread, and when our money was gone we sold our clothes and bought bread with what we obtained for them. We tried to get work but could not, and we fasted day after day. We have been without food for forty-eight hours. We went to Wantabadgery and walked up to the station. We were told the overseers and owners were out, but a servant came, and said that if we came in the morning we could see about work. The night was dark and rain was commencing, and we were told we could not see the superintendent then, but he afterwards came out and told us to go about our business, and we were insulted. We were refused admittance into a hut, and that night we slept on the hills, with nothing to eat and nothing to drink but the water that was falling around us. All our clothes were wet, and we hungry. Next day there was no work to be had, and we had nothing to do. Afterwards — and I admit it was foolish — we went and stuck up Wantabadgery. The police came down, and they fired on us and we fired on them. I will not say who fired first, but during the time I saw that the act that had been done would produce bloodshed and I courted death, hoping that a stray shot might end my life and that the prisoners, my friends, might give themselves up to the Crown. After the fight we left Wantabadgery station and took the police horses with us. Some of the police of this colony have behaved as brave men, but one or two have not.

– Andrew George Scott

Spotlight: Inquest on the Bodies of Nesbitt and Wernicke

What follows is a report on the inquest conducted into the deaths of the bushrangers James Nesbitt and Gus Wernicke along with a brief account of the condition of Constable Webb-Bowen following his wounding at McGlede’s farm. While some details, especially in the latter report, are incorrect, it must be remembered that many of the articles of the time were published as the news was still unfolding, resulting in errors due to the sluggish rate of verification compared to what is possible now.

Both bushrangers were shot during the gunfight the day after the Moonlite Gang had successfully fought off the police from Wagga Wagga at Wantabadgery Station. The particulars of the gunfights are addressed in the evidence presented by witnesses. The deaths of the pair affected Andrew Scott (Captain Moonlite) deeply, especially as Nesbitt, who he had befriended in Pentridge prison, was most likely his lover. In fact, in the 1990s Scott’s body was disinterred to be relocated to Gundagai in keeping with his last request to be buried with Nesbitt.

Constable Edwin Mostyn Webb-Bowen died from his wound shortly after this article was first published. For his conspicuous bravery in the line of duty he was posthumously promoted to Senior Constable. He is buried in Gundagai next to Sergeant Edmund Parry, who was murdered by Johnny Gilbert. ~ AP


INQUEST ON THE BODIES.

The inquest on the remains of the bushrangers shot in the late encounter was commenced this morning before C. W. Weekes and a jury of tvelve. The jury having viewed the bodies an adjournment was made until two o’clock, when the following evidence was adduced :—

Constable Rowe, stationed at Wagga, recognised the bodies as those of two men shot at McGlede’s farm on Monday last, near Wantabadgery ; he did not know who fired the shot. which killed them ; on Sunday last the Wagga police received information that the Wantabadgry station was stuck-up by seven armed men ; witness and three other constables started for the place and arrived at the station at five o’clock on Monday morning just at daybreak ; went to the back of the house, as the front was dangerous, and explored for an attack; left the horses tied to a fence about four hundred yards from the place and walked up; when about twenty yards from the house a dog barked ; at the same time a man came from the door into the garden with a double-barelled gun ; Constable Headley called on him to stand in the Queen’s name ; the man fired in the direction of Constable Williamson and witness and started to run back to the house ; Williamson, Headley, and John fired after him ; the man went inside and called to the others to fire ; witness and the other constables went back a little distance and waited some time ; they could see several armed men moving about the garden and outhouses ; there were six or seven men and they went to the stable and made a fire there ; they then crawled or walked off in different directions through the thistles ; as it was evidently their intention to surround them, the constables drew back to open ground, and the men opened fire which the police returned ; no shots however took effect on either side ; some of the men then got on horseback and tried to surround the police who retreated through water up to their middles, the bushrangers firing all the time ; the bushrangers then got the police horses which they took to the station ; witness and another constable went to a Mr. Beveridge’s, four miles from the station, to get fresh horses and wait for reinforcements which had been sent for by the man who gave the Wagga police information ; Constable Headley had gone up a hill and disappeared ; about eleven on Monday morning Sergeant Carroll and the Gundagai police arrived at Beveridge’s ; the eight police then started under the charge of Sergeant Carroll at six a.m., and at Wantabadgery were joined by Constable Headley, when they went to McGlede’s ; on the way they heard that the Wantabadgery Hotel was stuck-up ; at McGlede’s they saw a large number of men, who were bushrangers and people bailed up by them ; Sergeant Carroll and the others called on the desperadoes to surrender ; one of them said, “surrender be —, come on and fight ; the bushrangers opened fire, and the police took up positions and returned it ; there was sharp firing for twenty minutes ; the two men on whose bodies the inquest was being held were seen by witness after firing ceased ; they were dying, one in the kitchen and one inside the house ; another bushranger was shot through the arm and two were taken unhurt ; the sixth was missing, but was arrested on Tuesday morning under a bed in the house ; after the fight witness saw Constable Bowen lying in a paddock twenty-five yards from the house, shot in the neck ; the four prisoners arrested were brought to Gundagai on Tuesday morning, and two dead bodies at nine o’clock last night ; witness did not see the men fall, but whilst the firing was going on he saw the younger of the two lying on his back near Constable Bowen; I had previously seen both the men who died firing on the police, the older at Wantabadgery, the younger at McGlede’s ; one of the prisoners ran out of the house and surrendered to Constable Wiles and witness at the back of McGlede’s kitchen ; did not see the other surrender ; no shots were fired after the surrender.

Captain Moonlite

Sergeant Cassin, stationed at Adelong, deposed that on Monday morning, being off duty at the Gundagai quarter-sessions, he heard of the Wantabadgery station being stuck up by seven bushrangers ; witness, accompanied by Sergeant Carroll and the Gundagai police, left town at half-past nine and arrived at Beveridge’s about twelve and met the Wagga police and proceeded as described by the previous witness; under Sergeant Carroll’s instructions the police advanced on McGlede’s on horseback, about twenty paces apart, all in uniform; the bushrangers opened fire on the police; witness and another constable moved towards the bushrangers, firing on the house and shouting until they startled the horses; when the horses were startled, witness dismounted and joined in the general attack ; the police, at witness’s suggestion, charged on the house, jumping over the fence witness called to the police, “come on, we’ll pepper them,” when witness was within a few yards of the house he saw one bushranger running away ; witness followed him; he fell on his back, as witness thought on purpose to get a good shot at him, so he struck him with his rifle on the arm to disable him, and left him lying on the ground; witness then turned to the house and saw another bushranger, who fired three shots at him ; that was the man who afterwards gave the name of Moonlight; witness snapped his rifle, but it would not go off, having injured it when he struck the man lying on the ground ; Moonlight then ran into the kitchen, followed by witness; two shots were fired from the kitchen through the window, and Sergeant Carroll, who was near the witness, was returning fire; witness pushed the kitchen door open and fired a shot, when Moonlight cried, “I surrender,” and ran out of the back door, followed by witness, who handcuffed him, and then turning round found that the firing had ceased and Constable Bowen was wounded ; recognised the bodies of the dead bushrangers as two of those fighting at McGlede’s; one of them was he whom witness had hit; the elder died about five in the afternoon, the younger about three ; witness saw no one absolutely fire except Scott alias Moonlight ; one bushranger was missing at the close of the fight; Sergeant Carroll went after him, placing witness in charge of the prisoner and arms.

James Nesbitt

Constable Gorman, stationed at Gundagai, corroborated the previous evidence as to the bushrangers opening fire on the police while in uniform. Witness had fired at the older of the two dead bushrangers (whom he identified as Nesbitt alias Lyons) through the kitchen-window, and shot him through the right temple. The rest of the bushrangers then called out, “surrender—we surrender.”

Joseph Brown, detective in the Victorian police force, identified the body of the eldest dead bushranger as that of James Lyons alias Nesbitt; though he believed Nesbitt to be his proper name, he had served a sentence of four and a half years in Pentridge as James Lyons, for assault and robbery, and was discharged about March this year; he was a mate of Scott alias Moonlight since his discharge, and had been under close surveillance; about two months ago, at the time of the Lancefield bank robbery, witness had a conversation with Lyons, who said he and Scott were about to leave the colony; witness believed the younger of the two men to be Augustus Wrenckie, son of a hotelkeeper in Swanston street, Melbourne.

James Nesbitt (alias Lyons) [Source: State Library of Victoria]

Hannah McGlede recognized the dead bodies as those of two men who with four others called at her house on Monday morning and got some bread and milk ; they got on their horses when the police came in sight, and when the police came up the bushrangers got off their horses and went into the house ; witness wanted to run out of the kitchen, but Nesbitt prevented her, pointing his revolver at her; a bullet came through the window, passing so close to witness that she fancied she was shot, and fell into the fireplace ; the bullets then came flying into the kitchen, and Nesbitt begged of Scott to surrender; Scott said no, he would not, that he was not frightened of twenty of the b— traps ; Scott used to load in the kitchen, go out and fire, and return to load; on returning one time he said one of the traps was shot ; Nesbitt had been very frightened before this, running about and dodging at the bullets, but now he took courage and began to fire ; witness got an opportunity then and escaped from the house ; two of the bushrangers had called at her house five days before and asked for milk, and on getting it wanted to pay for it, but witness’s husband refused, and gave them good advice.

Gus Wernicke

Robert McKillop, a duly qualified medical man, deposed as to the cause of death in each case, from numerous gunshot wounds ; Nesbitt had two bullets at the back of the brain, yet lived till five in the afternoon. The jury returned a verdict of justifiable homicide.

Constable Webb-Bowen

Thursday.

LATER PARTICULARS.— Dr. Roberts, of Sydney, visited the wounded man, Constable Bowen — who, by the way, is said to be a relative of the late Governor of Victoria — to-day. His opinion was given in evidence at the magisterial inquiry. He does not think it safe to look for, or operate for the extraction of the ball for some days, when he will return to do so. The bushrangers, when committed for trial, will be removed to Darlinghurst gaol. The Gundagai people are enthusiastic over the conduct of the local police. A public meeting will be held on the subject. The police court proceedings will probably last until Saturday. Moonlight was heavily ironed last night, but the irons were taken off him before the sitting of the court to-day, and had not been replaced when I saw him ; but as efforts at escape were expected a constant watch was kept outside his cell.

The following is by the special reporter of the Cootamundra Herald :—

Having spent Tuesday and a good part of Wednesday night in gathering information concerning the whole affair from the police, the McGledes, and others, I am able to give a very full account of the great fight at Wantabadgery. Can also write from a personal meeting and conversation with the members of the gang who survived the fight. Following are the details I gathered :— When the gang made their first surprise at Wantabadgery, twenty seven miles from Gundagai, they came on foot, carrying swags; and are said to have thus previously passed through the township evidently for the purpose of taking stock ; for they have not concealed the fact that it was their intention to attract the police out, capture them, and make a raid upon the banks. They however had formed rash estimates of our brave troopers. They remained at the station; and having gathered all the hands and made sure of them, went and stuck up Shaw’s public-house, a mile and a half distant; gathered all from there (except the hostess), taking them also to the station. Whilst away on this fatal errand, a shearer who happened to be passing the public-house, where he was intending to take up his quarters for the night, saw the woman crying, and got from her his first knowledge of the state of affairs. Having £40 in his own pockets, he made tracks at anything but a trot to Gundagai. He rode furiously into town, reaching there at 10.30 o’clock p.m. At once reported. By a happy coincidence, a fleet messenger carried the news to Wagga. From Wagga the police immediately started for the scene ; but those from Gundagai didn’t leave till ten a.m. Monday. Consequently, the former reached Wantabadgery before daylight on Monday. The gang were evidently expecting them, as on their dismounting and approaching the house, which was a substantial fortress, the whole gang, six in number, rushed out and opened fire upon the police. The gang succeeded in cutting them off from their horses and in driving them into a lagoon where they were up to their waists in water.

At this juncture one of the troopers showed the white feather, a luxuriant patch of thistles (despite the pricks) affording him an ignominious hiding-place. He was subsequently discovered at the station. The gang having secured the horses left the police, who found their way to Tenaudra Park, four miles off. Returning to the station the former took two station horses, four police horses, and a pack-horse, and started for Eurongilly, intimating that they expected four more police from Gundagai whom they would tie up, and cut the man to mincemeat who dared to betray them. On the way to Eurongilly they met Mr. John A. Beveridge with two men, armed, coming to assist the police. These were bailed up, Mr. Beveridge’s horse shot under him, and he was ordered to collect and burn the arms. These orders being carried out, they all started for a settler’s named McGlede. On the way they met with Trooper Wiles of Bethugra alone on the way to join the Gundagai force at the station. The leader thus coolly accosted him, “O, we’ve been looking for you. Bail up!” They disarmed him. Wiles undoubtedly acted properly under the circum stances in surrendering against such formidable odds ; for besides the gang themselves, they were flanked by about a dozen civilians previously pressed into service. They took Wiles, Beveridge, and party to McGlede’s. Here Moonlight (the leader) and his men held a court-martial on Beveridge as to whether they would shoot him, and they decided to carry out the sentence of death, Moonlight levelling his rifle at him said, “I give you three minutes to live.” But here poor old McGlede, whose hoary head seemed to command respect, went on his knees to Moonlight and prayed for Beveridge’s life. Moonlight lowered his rifle and drawing a large bowie-knife flourished it across his face, sayling, “I’ve a b—y good mind to cut off the tip of your nose and ears and make you chew them, you b—r.” Mr. Beveridge, in describing this little bit of playfulness, says he first felt very frightened, but afterwards felt as if he could let the determined wretch do as he chose, whose glaring countenance seemed to paralyse him.

Sergeant Cassin

Moonlight’s attention was here fortunately attracted by an alarm of the approach of troopers; and true enough the house was being approached by the Gundagai police, those from Wagga (who had received fresh supplies of horses from Mr. James Beveridge), and Sergeant Cassin of Adelong—nine in all. The gang turned out to meet them, one of them covering Constable Wiles and threatning to shoot him if he dared to move away. He was on horse back. Senior-sergeant Carroll (Gundagai), who had command of the whole force by seniority of rank, ordered his men to defile so as to present as scattered a front to the enemy as possible, and form a half-circle. In this style they advanced upon the house to a distance of two hundred and fifty yards. The gang secured their horses in a small paddock, except one which they hitched to the corner of the house. The officer commanding called out “surrender” when all the force took it up; but Moonlight savagely replied, “surrender be d—d come on and fight it out!” and fired the first shot at Constable Gorman, who was on the extreme left, then one at Carroll, and a third at Cassin in quick succession. The troopers then opened fire. At the very commencement of the conflict the prisoner Constable Wiles made a daring and successful attempt to join his comrades, risking his life. The man who, as stated above, had him covered, was obliged to turn and fire at the police, when Wiles made a clean bolt of it. “One, two, three,” went the shot-guns, and the bullets whizzed past his ears. Several shots were fired at him; but he fortunately escaped. He managed afterwards to get possession of a musket and revolver, and took up his position in the ranks.

mcgledes

The police were kept at bay for about half-an-hour during a continuous shower of bullets—four of the gang leading inside the house for Moonlight and one of the youngest of them, who appeared to be a capital marksman. The troopers made the best use of fences, stumps, and trees to protect themselves. Sergeant Carroll, becoming impatient, advanced to within one hundred yards under cover of a brush fence. They were attacking the front of the house at this time; and Moonlight and his comrades retreated into a detached kitchen. The sergeant made a rush for the house and managed to put a bullet under the front window into the building.
The civilians now finding it becoming rather sultry in the house made their escape across the paddocks in the direction opposite to the police. The gang remained in the kitchen, keeping McGlede’s wife with them, flattering themselves that she would be the means of protection for them from the troopers’ bullets. They thought the police knew she was in the kitchen with them and that they would not fire in for fear of hitting her. The sergeant took up a position at the right corner of the house ; and here he had a marvellous escape.

gorman

Moonlight, observing Gorman approaching on the left in a wheat-paddock, boldly stepped outside to fire at him. Gorman was only fifty yards off. “Here’s a b—y trap,” said Moonlight, “coming through the wheat-paddock,” and, sighting him, fired. Gorman allowed him a second or two for aim and suddenly ducked, the ball passing over his head; and then replied by firing three shots, but missing his target. He made for a small stump, about a foot thick, very low, and put himself in a lying position behind it. Here he was fired at by Moonlight three times, each bullet going into the stump. Gorman fired again, ripping up the ground in front of Moonlight’s feet, which caused the latter to retreat to the back of the kitchen. It was during this interchange of courtesies that Carroll had his narrow escape. He was not observed by Moonlight, though only ten yards from him, hidden by the corner of the building ; he took aim at the daring captain, whose fall appeared certain. But the sergeant’s rifle snapped. He coolly tried the same cartridge a second time—but with the same result, when he drew his revolver. Too late however. The doomed bird had flown! Gorman made a rush for the house and fired a shot through the kitchen window.

Constable Williamson here took up the position vacated by Gorman, and the latter went inside the house. Constable Bowen, just as Williamson was leaving him, was at this time making for the kitchen when to the horror of his comrades he was shot by Moonlight. The ball entered the left side of his neck, making a decline towards the spinal cord; and exclaiming “my God, I’m shot!” the brave young hero fell. He had, in the heat of the contest, exposed himself too much to the fire of the enemy. He treated cover with contempt, but paid the penalty of his courage. The struggle now waxed so fierce that no one had time to look after the fallen man. But the fight was nearly at an end. Bowen and Constable Barry had been together at the former’s fall and Moonlight and another of the gang, a youngster, were outside the kitchen at the back, so that they were not seen by Carroll, Gorman, or Williamson. Moonlight’s mate here wanted him to cave in ; but he refused, and was about to fight again when the young man threw his arms round him to prevent him shooting. Whilst in this act Constable Barry fired and shot the young man in the side, and he dropped from his daring captain and afterwards died from the wound.

The captain was here driven back to the kitchen, where the whole party had a warm time of it from the front. Gorman, who was in the house, here got into one of the skillion rooms, and pulled the curtain off the window to enable him to see into the kitchen. One of the gang (whose name is given as Rogan) fired at him, the bullet whizzing past his elbow. Gorman placed his revolver in the broken pane, and, taking deadly aim, shot Rogan in the temple. He never spoke after being hit. Senior-sergeant Carroll then ran to the back of the kitchen on the right side ; Gorman and Williamson on the left; Cassin, Wiles, and Barry on the right. The gang, from the inside, then called out “we’ll surrender!” Carroll told them to come outside and throw up their arms. One ran out and rolled over. Cassin, thinking he was wanting to have a shot in a lying position, the better for his aim and self-protection, rushed forward and struck him with the rifle across the arms to disable him. Gorman rushed into the kitchen, revolver in hand, and secured a second man, knocking him down with his revolver. Moonlight made a rush as if to escape, when Cassin struck him on the shoulder with the butt of the rifle, knocked him down, and secured him. The fight—a most desperate one, that proved the gallantry of our brave troopers—was now virtually over, having lasted nearly an hour. It was then found that the sixth man was missing, and it was concluded that he got away with the civilians at the time they escaped from the house. After these men were secured, to the surprise of the police they found Mrs. McGlede crouched in the fireplace, her husband and children being concealed in a cellar. They also discovered that Mrs. McGlede had had a very narrow escape, a ball having passed close by her and perforated a funnel. Here also took place a most affecting scene. Moonlight was deeply moved at the sight of one of his comrades lying dead upon the floor. He tenderly raised the dead man’s head upon his knee, saying he had been the best friend he ever had. He caressed him, and bathed his own hands in his comrade’s blood. It was also found that one of the young members of the gang had received a ball through the muscle of his left arm; but it was only a flesh wound.

Directly the struggle was over attention was directed to Constable Bowen, the wounded police man. Dr. McKillop, who was in the vicinity, having been requested to be near by senior-sergeant Carroll, was sent for. When he came he found Bowen in a very critical state. After consultation over his state, a messenger was dispatched to Wagga for a second medical man, and he arrived during the night. At the request of poor Bowen himself, the Rev. Mr. Holt was brought from Gundagai. But though the ball was not extracted he seemed to keep himself up in good spirits and was able to go to sleep, everything possible being done to give him relief.

The prisoners were guarded in McGlede’s all that night, and brought to Gundagai on Tuesday afternoon. But before starting into town with their precious dead and living charges, the police made a happy discovery—one which had led to some comical surmises. From a hint dropped casually by Mrs. McGlede to the police that they should make a further search of the house and kitchen, “for fear that any of the marauders might be left behind,” they did make the search. They were handsomely rewarded. In one of the skillion rooms of the house they found the man who had escaped, whose flight had caused the senior-sergeant, with several other troopers and two volunteers (the latter having rendered assistance to the police during the battle) to set out on a wild-goose chase towards Junee. The escaper was found snugly sandwiched, to coin an appropriate word, between two mattresses on the bed, having two loaded revolvers with him. Some egg shells found also in this ludicrous nest have led to the jocular suspicions before referred to. Old people, you know, are very often superstitious ; and the only way in which the heads of the McGlede house hold could account for the remarkable circumstance about the shells was that Providence had directed the hen to go and lay there especially for the poor hungry and affrighted man—a repetition of the scriptural incident of Elijah and the ravens. But most people don’t believe in miracles in these modern times, and try to account for it differently. Your reporter doesn’t profess to be able to unravel the mystery.

The wife of Constable Bowen was away on a holiday trip to Sydney; and on receipt of the sad news of the fall of her husband received a fearful shock. She came up by the mail train on Wednesday morning, reaching Gundagai by coach from Cootamundra at noon. I met her on the way and was the bearer of a kindly message to her from her husband, whom I had seen that morning at daybreak. She was in a frightful state of anxiety. “He’s dead!” she screamed; but I hastened to assure her that he was alive and showing signs of recovering, and she burst into tears of joy. It was a most affecting scene and tried the nerves of your poor scribe. It was with difficulty she was held in the coach by Sergeant Parker, who did all he could with others to soothe her. Seeing she had a suspicion that I was not telling the sacred truth I briefly related my interview with him. He had requested me to tell her that he was anxious to see her ; that he felt he was safe, and was being kindly nursed. She warmly shook me by the hand on parting, and seemed relieved. Her husband is a tall and very handsome young man, of whom she might well feel proud. He appears to be about twenty-seven, is well educated, and of very gentlemanly address. When I saw him on Wednesday morning he had just awoke from a serene sleep—somewhat refreshed, but sobbing with pain. His arms were paralysed, and he said his pains were of a sharp shooting nature.

Towards morning a messenger had brought him the news that the gang were the Kellies, and he almost rose from his bed with delight. He said he had been longing for an encounter with this notorious band. He will, however, by this time have learned that this joy is yet to come if ever. If it ever does happen that the police have a conflict with the Kellies, if the brave young Bowen should be against them he will either fight a manly and glorious victory or die in the struggle.

Mr. Edward Horder writes in very complimentary terms of the courage and determination of the New South Wales police, as lately displayed in the speedy capture of the Wantabadgery bushrangers. His object in writing to us (Echo) is to suggest that some thing should be done to assist the family of Constable Bowen, and he concludes his letter, as follows:— “We all know that in times of ordinary sickness it is expensive to provide the necessary comforts, ,&c. I therefore enclose herewith my cheque for £5 towards that object. I trust a good sum will be collected and forwarded to Mrs. Bowen without delay. I do not for one moment doubt that all our men engaged in this encounter deserve the fullest and most liberal recognition it is in the power of the government to bestow.”


[Source: “INQUEST ON THE BODIES.” The Goulburn Herald and Chronicle (NSW : 1864 – 1881) 22 November 1879: 4.]

Spotlight: A Sketch of the Life and Career of Captain Moonlite

The following is an account of the life and career of Andrew George Scott that appeared in print shortly after his capture at McGlede’s farm. It is accurate to what was publicly confirmed or at least believed at the time. Despite the many inconsistencies in the case of the Mount Egerton bank robbery, it was generally accepted that he was guilty of the crime. Scott would always protest his innocence, even long after any hope of having his name cleared in the matter had passed.

~AP


 

CAPTAIN MOONLITE.

 

The following sketch of the career of this desperado, taken from the Melbourne Argus, will be read with interest at the present time:—

His real name is Andrew George Scott, and he is now 37 years of age. He was born in the north of Ireland, was of respectable parentage, and was brought up as a civil engineer. When yet a youth he emigrated to New Zealand, and joining the volunteers there he fought against the Maories. In an engagement he received a charge of shot in both legs. The slugs were extracted, but they left their marks. Subsequently he came to Victoria, and having entered the Church of England was stationed as a lay reader at Bacchus Marsh. Whilst administering to the spiritual wants of the district he became acquainted with the manager of the Egerton Bank and also with, the schoolmaster of that township. He used to visit the bank manager very frequently, and was on the most friendly and intimate terms with him. He also associated with the schoolmaster. One night a man with a mask on his face and armed called at the bank and bailed up the manager. The manager recognised the voice to be that of his friend Scott, but this discovery did not have any deterrent effect on the robber. Gagging his friend, Scott marched him into the schoolhouse, which was close at hand, and made him write and pin upon a desk the following line : —

“Captain Moonlite has stuck me up and robbed the bank.”

He then took him out side, tied him up in his gagged state to a tree, and having obtained possession of the bank key, he ransacked the coffers and stole up wards of £2,000 in notes, coin, and cake gold. He had a horse ready close by, and immediately galloped to a neighbouring township, seven miles distant. This journey was accomplished in half an hour, and on his arrival he asked several of his friends what o’clock it was. It was afterwards seen that he did this on purpose to prove an alibi, for he argued that as he was in this township half an hour after the robbery, he could not have been the robber.

[Source: State Library of Victoria]

So successful was he in throwing suspicion off himself, that the bank manager and the school master were arrested as the criminals, and he (Scott) was used by the local police as a witness against them. At the trial the jury could not agree on the manager’s case, and he was discharged. The school master was admitted to bail, but was bound over to surrender when called upon. In the meantime Scott had gone to Sydney, and lived there for a brief period in very grand style. When his funds became about exhausted he purchased a yacht, and engaged a crew with the intention of trying his fortunes in Fiji, or in the South Seas generally. It was, however, discovered that he had passed a valueless cheque for about £150, and before he had got beyond Sydney Heads he was arrested. A charge of false pretences was established, and he was sentenced to eighteen months’ imprisonment. During his incarceration at Sydney it transpired that he had sold the exact amount of cake gold which had been stolen-from the Egerton Bank to the Sydney Mint. When his sentence expired he was therefore brought back in custody to Victoria, and a police court investigation having taken place he was committed to stand his trial for the Egerton Bank robbery. Pending the trial he was lodged in the Ballarat gaol.

[Source: Gold Museum Ballarat]

On the night before the day fixed for his trial he cut a hole through the wall of his cell into another occupied by a prisoner named Dermoodie. He made Dermoodie join him, and together they managed to take off the lock of the cell door. They got out into the corridor just as a warder was approaching. Springing upon the warder they choked and gagged him, and tied him up. They then relieved him of his keys, and liberated four other prisoners. All six of them reached the outer yard without any alarm having been raised. The wall being very high they were at a loss as to how they could scale it. Scott’s genius, however, was equal to the occasion. A blanket was brought from a cell and torn into strips, which were then tied together so as to form, a rope. Scott then placed himself at the wall, a second man climbed up and stood on his shoulders, a third did the same and stood on the shoulders of the second, and so on until Scott bore the weight of all five. They succeeded in doing this by means of their blanket rope, to which they had previously attached a heavy stone, throwing then the weighted end over the wall. The last man easily managed to seat himself on the top, and he then pulled up the one next him. The others scrambled up in turn by means of the rope. The descent on the other side was conducted in the same way, the order of the operation being: simply reversed. The six men thus all escaped.. Three hundred pounds, or £50 each, was offered for their recapture, and all but two were eventually arrested.

[Source: State Library of Victoria]

Scott and Dermoodie stuck together, and the former obtained arms. As they, were travelling together through the bush Scott, intimated that it was his intention to stick up a bank. Dermoodie declined to take part, saying they might have to take life, and their case was bad enough already. Scott thereupon turned upon him in a passion, called him a mean coward, and gave him five minutes to live. So convinced was Dermoodie that his time had come that he fell on his knees and pleaded with tears in his eyes for mercy. Scott relented, but kicked him away contemptuously. Shortly afterwards the police authorities received information that Scott was lurking about some diggings in the vicinity of Sandhurst. Detectives Brown and Alexander and Sergeant (now Sub-Inspector) Drought set out at once to effect his capture. They arrived at the place at about 2 o’clock, in the morning, and soon learned that the desperado was asleep in a hut. The hut was in charge of a boy who was working in the neighborhood. This lad was hunted up and questioned. He frankly told them that there was a man asleep in his hut, and that he was fully armed. The hut was cautiously approached. Going round to the door Detective Brown could see through a chink a man lying on a stretcher, sleeping soundly. By his hand stood a gun, and on a table lay a revolver and bowie-knife. These things were easily recognised through a log being alight in the fireplace. How to enter without disturbing, or alarming the sleeper was, however, a question difficult to be solved. The door was made of heavy timber ; it covered the whole end of the hut, and rested on heavy side-posts. An iron chain was passed through two holes in the centre, and through the loop of this chain in the inside was passed a ponderous bar, which was turned round so that its ends had a firm grasp of the door-posts. Detective Brown endeavored to push the bar aside by inserting a knife through a chink, but failed to more it far enough. He then gave this attempt up, and resolved on using the boy as a snare for the ruffian. The lad, after much persuasion — for be was in mortal fear of being shot— consented to act as desired on Brown saying that he would simply have to speak from behind his back. The two then took up their positions at the door, and in accordance with his instructions the boy called out — ‘Please, Sir, will you give me out my billy-can? ‘ A grunt from within was the only answer, and the request was repeated. Scott then demanded “What do you want it for?’ The lad promptly answered, ‘For tea; it is now our tea time.” “What o’clock is it?” inquired Scott, and the boy still speaking as he had been previously directed, said “Just 12 o’clock — our tea time.” There was a pause for a minute, and the detective feared that the scoundrel had discovered the truth and was preparing to fight. He, however, exercised patience,and by-and-by the bar was removed. The door was then slightly opened, and a hand held out with a billy-can. Brown at once seized the man’s wrist with a firm grasp, whilst with his other hand he thrust a revolver into his face, and said, “If you move, you are a dead man.” The other officers came promptly forward, and the fellow was secured. He denied at first that he was Scott, but Brown settled his identity by pulling up his trousers and showing’ the shot-marks in his legs. For escaping from legal custody the desperado was sentenced to twelve months’ imprisonment in irons. He was also convicted and sentenced to ten years for the Egerton Bank robbery. His conduct in Pentridge has been already adverted to in previous reports. He was discharged in March last, and has now, we hope, committed his final outrage on humanity.


[Source: South Australian Chronicle and Weekly Mail (Adelaide, SA : 1868 – 1881), Saturday 29 November 1879, page 22]

Captain Moonlite: Guilty Until Proven Innocent

After his release from Pentridge Prison, Andrew George Scott struggled to get back on his feet. While he may have been determined to right the wrongs of his past, the police were seemingly determined to stifle those efforts. Scott was kept under constant police surveillance in the hope that at some point he would slip up. This harassment came to a head in several well publicised incidents.

[Source: “NEWS OF THE DAY.” The Age (Melbourne) 16 July 1879: 2.]

On 9 July, 1879, it was claimed that three men attempted to instigate an escape from the Williamstown battery of 19 year-old William Johnson, alias Andrew Fogarty, who was doing a two year sentence for housebreaking. Scott, Nesbitt and Johnson had done time together in Pentridge, their sentences overlapping from 5 April to 11 April, 1878, whereupon Nesbitt was transferred to Williamstown where convicts were housed in the old military barracks at Fort Gellibrand and employed upgrading the batteries. After Nesbitt was transferred, Johnson and Scott remained in Pentridge together until Scott’s release on 18 March, 1879. It was alleged that one of the men broke open a window and tried to give Johnson two revolvers to help him escape. Ultimately, the men disappeared and no escape was ever undertaken, but police immediately assumed Scott’s guilt. The press, naturally, leaped upon the story as evidence that the notorious Captain Moonlite was preparing a gang.

The Williamstown Timeball Tower c.1870s [Source: State Library of Victoria]

At the time, Scott and Nesbitt were in town looking for a venue in which Scott could give a presentation of one of his lectures on the need for prison reform. The lecture series had been a source of both pride and humiliation for Scott as audiences had responded overwhelmingly positively, but as the performances grew in popularity the police began to crack down on them, causing several events to be cancelled. There remained a question over the motivation for such a heavy-handed response to the lectures – was it merely an effort to prevent slanderous lies from being given a platform or was it censorship to obscure the truth of the allegations?

“Life in Pentridge. The prisoners’ school”, The Australasian sketcher, November 1, 1873

Scott was keenly aware of something of a smear campaign being launched against him and he was being touted as the murderer of an actor named Francis Marion Bates, who was found dead and looted in Melbourne. A man supposedly fitting Scott’s description had been seen following Bates shortly before he disappeared. After an inquest was held, it would be established that Bates had not been murdered at all, but had died of congestive heart and lung failure. Unfortunately for Scott, the general public had already been led to believe it was an open and shut case with blood on Scott’s hands. All he could hope for was that the public’s notoriously short memory would see the claim forgotten once his name was cleared in the matter.

William Johnson [Source: PROV]

The Williamstown battery was not much of a gaol by any stretch, only holding 18 prisoners at the time (one of which acted as the cook) and was merely a wooden building with plastered interior walls. The barracks had never been intended to house convicts and its rather flimsy construction had not weathered the conditions on Hobson’s Bay well at all. At night there was no guard on duty, but there were three warders on staff: Henry Steele, the senior warden; Turner and Robert Durham. At 8pm Steele headed off to his home on Twyford Street, leaving Durham in charge. The gaol was separated into three parts: the warder’s room, where the staff slept; the prisoner’s dormitory; and the kitchen, where the cook resided. Durham did the final inspection at 10pm and saw nothing awry. When Turner returned on the last train from Melbourne, he arrived at the barracks at 12:30am and went straight to bed. Durham retired soon after. At 1:30am Durham and Turner heard a knocking at the warder’s room and prisoner’s dormitory. Durham got up to investigate and was informed by William Johnson that there was rain coming in through a window about three feet above ground level. Durham got onto Johnson’s bed and saw that the window appeared to have been jimmied open, but not enough to allow a person in or out, and the fastenings appeared to have been cut with a knife. It was at this point that Durham recalled that he had seen a group of four men or boys loitering around the railway station and battery reserve at 2pm the previous afternoon, which he later asserted had looked like they were up to no good. He would swear that he recognised Andrew Scott and James Nesbitt walking to the beach and out of view. The prisoners had, at that time, been working on the reserve and Durham would recall seeing Johnson leave his cart to go to where the two men had disappeared. Durham was on it like a fly on a fresh cowpat, but could not reach them before Johnson returned to work. Durham spoke to the two men and said they had no right to speak to the prisoners, to which the man he identified as Scott replied, “This is a public road, is it not?” Durham had reported the incident to Steele when he had returned at 6pm but until the apparent attempted break in he had put it out of his mind.

With things settling down at the barracks, Henry Steele learner of the incident and reported it to the Williamstown police. The suggestion that the notorious Captain Moonlite was involved prompted a speedy response and a warrant was quickly issued. At the time the offence was being reported, Scott and Nesbitt were on foot and travelling to Clunes via Buninyong. When they arrived in town on the 17th they turned themselves in. Two revolvers Scott had allegedly disposed of had been found and were kept by the police as evidence. At the same time police had been warned to make sure their weapons were in good working order and arrangements were being made to send Johnson back to Pentridge.

Scott and Nesbitt, safely in custody, were sent to Melbourne to await trial with a supposed associate named Frank Foster, alias Croker, and kept in the Swanston Street lock-up. Foster had been named during initial investigation and was arrested at Talbot the day after Scott and Nesbitt turned themselves in. Foster had been serving a six year sentence in Pentridge for housebreaking at the same time as the others, but had gained his freedom in 1878 after a petition from the people of Talbot had been lodged to the government. Foster, it appeared, had been wrongfully imprisoned for the preceding five years after being framed. Yet, as far as the police were concerned Foster was guilty, they just hadn’t found a crime to pin on him yet. Associating him with Scott meant they finally had an opportunity to put him away without any pesky interference from do-gooders setting him free.

When questioned after his arrest, Scott’s name was cleared in relation to the Bates case when the two key witnesses actually saw Scott in person and emphatically denied he was the man they had seen. Typically, this was a fact most of the press tried to gloss over, eager to foster the image of Scott as an arch-fiend. Scott requested that he be furnished with the evidence supposedly collated against him and his associates in the Williamstown incident, but Detective Mackay, who was in charge of the investigation, refused to do so. The trio were remanded to Williamstown on Wednesday, 23 July, and a hearing was set for the Friday. No doubt it was an anxious wait for the men.

Frank Foster [Source: PROV]

On 25 July, Scott, Nesbitt and Foster appeared at Williamstown Police Court, charged with unlawfully conveying a pistol into the gaol at Williamstown battery. They were represented by Mr. Read, with Sub-Inspector Larner appearing for the prosecution. Henry Steele, Robert Durham, Edwin Robinson (son of the battery-keeper), and a prisoner named William Baker appeared to give evidence for the prosecution. Baker stated in his evidence that Scott, accompanied by Nesbitt and another man, had knocked on a window asking for Fogarty (Johnson’s alias) and was directed to the correct spot, whereupon he opened the window and gave Johnson a revolver. Johnson then allegedly refused to take it out of fear and Nesbitt spoke threateningly about the guards before they left. An interesting element of Baker’s testimony was that while all other witnesses claimed that it was raining that night, Baker claimed the weather was clear and dry.

Johnson also provided evidence. He confirmed that on the afternoon of the 9th he absconded work to speak to Scott and Nesbitt, but couldn’t confirm that they had any involvement with breaking open the window. More compelling was Johnson’s confession that his previous evidence to Detective Mackay was a string of lies that he was under pressure from his charges to swear, being constantly threatened while the investigation was occurring. He claimed that the fear of reprisals from the warders at the gaol was what motivated him to perjure himself, and it was a gang of larrikins that had jimmied his window open, and no revolver was ever passed through. As important as the evidence was, the bench determined that Johnson was an unreliable witness and he was removed from the box.

Further thickening the plot was the testimony of a fellow inmate named McIntosh, whose bed was closer to Johnson’s than Baker’s, in which he stated he could not verify who the men outside were and that the object passed through was a chisel, not a revolver. A pawnbroker named Ellis also testified that he had sold two revolvers to Scott, but they were larger than the ones produced as evidence. A lad named Patrick McMullen testified that Scott had asked for a form to give him permission to see Johnson, which had been presented when the encounter at the Battery Reserve occurred. Rev. Lewis, a clergyman from Blackwood, testified that Scott had given him a pair of revolvers, and a Blackwood Senior Constable named Young also testified that he had seen the defendants in the area on 13 July, corroborating the reverend’s evidence.

James Nesbitt, alias Lyons [Source: PROV]

The hearing was over quickly with Mr. Read addressing the court by stating that as the object allegedly passed through the window could not be verified, and since the Williamstown Battery was not an official gaol in the legal sense, and there being no compelling evidence that an escape had actually been attempted, the complaint could not be sustained. The bench was inclined to agree and the defendants were acquitted. The result caused a response from onlookers that the men, and indeed the furious prosecution, could hardly have expected – applause. If ever there was a sign that the general public in Victoria were becoming disenfranchised with the police, surely this was it. Yet, however much the hoi polloi had their distrust of authority, it was incomparable to that of Scott, who had endured insult and injury at the hands of the police, and with two charges they had laid against him having fallen through he knew it was only going to get worse.

The economic depression in Victoria proved to be a sore point for the Berry government, with calls made for action to help those affected, and the press being forced to admit that unemployment was not merely the result of lazy people refusing to work. [Source: Mount Alexander Mail, 25/06/1879, page 2]

For months civil unrest had been brewing due to an economic depression that was hitting Victoria hard. Rallies in the cities were held and workers battled for their rights. Outside the cities, swagmen tramped the countryside looking for work, and now Andrew Scott – former engineer, soldier, and clergyman – found himself in that same sinking boat along with James Nesbitt, Thomas Williams and Gus Wernicke. No doubt it came as no big surprise that when a bank robbery was carried out in Lancefield, Scott and Nesbitt were blamed, despite being nowhere nearby.

“THE BANK ROBBERY AT LANCEFIELD”, Illustrated Australian news, August 30, 1879.

At 10:10am on 15 August, two men entered a branch of the Commercial Bank of Australia at Lancefield. One presented a revolver and ordered Arthur Morrison, the accountant, to stay quiet or he would be shot claiming that the two robbers were members of the Kelly Gang and had locked up the police. Morrison was then bound with ropes and gagged with a piece of wood. With one robber keeping watch, the other took as many coins and notes as he could carry. When a customer named Charles Musty accidentally interrupted the robbery, he too was bailed up. Ironically, had the robbers ordered Musty to hand over his cash they would have gained an additional £200. While all this was happening, Zalmonah Wallace Carlisle, the manager, was blissfully unaware as he enjoyed the fresh air in the garden in his way to the post office. Within a few moments the damage was done and the robbers had fled with £866 9s 4d. The initial report to the police stated that the two offenders matched the description of the outlaws Ned Kelly and Steve Hart. In response to this Superintendents Hare and Sadleir, who were in charge of the hunt for the Kelly Gang, were sent out to Lancefield accompanied by Sub-Inspector O’Connor and his Queensland native police. It soon emerged that the crime had not been committed by the Kellys at all and there were only two other men that police suspected of the crime.

Once again, Andrew Scott and James Nesbitt were hauled in by the police. They were questioned about their whereabouts during the robbery. Scott and Nesbitt had no hesitation in stating they had been in Melbourne the whole time. Upon further investigation the alibi was solid and, much to the chagrin of the police, the pair were released.

Andrew George Scott

This was the last straw for Scott. He decided that Victoria was only a place of misery for him and his companions and their fortunes lay north in New South Wales. He informed police that he intended to leave the colony in the hope that they would cease haranguing him. Taking all he could carry in a swag, Andrew George Scott, the man popularly known as Captain Moonlite, headed off in search of greener pastures accompanied by his partner James Nesbitt and their friends Frank Johns, alias Thomas Williams, and Augustus Wernicke. They would never return.

As for William Johnson, the young man at the centre of the Williamstown incident, immediately following the acquittal of Scott, Nesbitt and Foster he was transferred to Pentridge. He would remain in and out of prison until January of 1883.

Regarding the Lancefield bank robbery, it would later transpire that the robbery had been undertaken by two men named Cornelius Bray and Charles Lowe. Bray would claim he was desperately seeking work and fell in with Lowe who told him he could guarantee him employment. He then claimed he was forced to participate in the robbery on pain of death if he refused. Lowe responded that Bray was merely trying to paint him blacker than he was in order to gain sympathy. The pair were found guilty, Bray receiving five years hard labour and Lowe receiving eight years, the first to be carried out in irons.

***

“Numerous petty insults were given us by the police. I honestly felt I was unsafe in Victoria. I feared perjury and felt hunted down and maddened by injustice and slander. I left Melbourne with my friends, carrying my blankets, clothes and firearms. I felt rabid and would have resisted capture by the police. Though I knew I had committed no crime, bitter experience had taught me that innocence and safety from accusations were different things. My life and liberty had been endangered by perjury and … they would be endangered till I could secretly escape from those who seemed to hunger, if not for my blood, for my liberty and safety.”

– Andrew Scott

The Kelly Gang: An Overview

Few figures in history reach the notoriety and cultural impact of the Kelly Gang. As so much is easily available on the subject already, here is an easily digestible summary of the so-called Kelly Outbreak. For more detailed information, there is a swathe of articles available on A Guide to Australian Bushranging that examine elements of the history in more depth.

A contemporary postcard said to depict members of the Kelly Gang while on the run

The story of the Kelly Gang begins on 15 April, 1878. Constable Alexander Fitzpatrick was sent by Sergeant Whelan at Benalla to take charge of the police station at Greta. Greta was well-known to police in the district as members of the Kelly, Quinn and Lloyd families (all related) had selections there. These families were under particularly strict scrutiny by the police due to their recidivism and suspected involvement in crimes such as stock theft. In fact, Constable Fitzpatrick had heard there was a warrant out for the arrest of Dan Kelly, the seventeen year-old son of the notorious Ellen Kelly, for his suspected involvement in horse stealing. He made it known to Whelan that he intended to arrest Dan en route to Greta police station. Despite popular understanding, Fitzpatrick was not required by law to carry a copy of a warrant with him.

Constable Fitzpatrick [Source: Victoria Police Museum]

When Fitzpatrick arrived at the Kelly selection, Dan was not at home so he spoke with Ellen Kelly (who was nursing a newborn), then rode to their neighbour, William “Brickey” Williamson, and questioned him about whether he had a permit for the logs he was splitting. He lingered until dusk and returned to the Kelly selection in case Dan had returned rather than riding to Greta to take charge of the station as ordered. Dan Kelly answered the door and Fitzpatrick made his intentions known. Dan agreed to go quietly with Fitzpatrick on condition that he could finish his dinner first as he had been riding all day. He denied having stolen any horses and it would later be revealed that he had been in gaol when the animals in question were stolen, corroborating his assertions. What happened next is not known for sure due to conflicting evidence. What seems to have been the case, according to popular understanding, is that Fitzpatrick possibly made an unwanted sexual advance on fifteen year-old Kate Kelly and a fight broke out. Fitzpatrick claimed that Ellen Kelly hit him in the head with a coal shovel and Ned Kelly entered the house and shot him in the wrist, accompanied by Brickey Williamson and Ellen Kelly’s son-in-law Bill Skillion who were both brandishing revolvers. Ned Kelly would claim he was never there and Ellen would indicate that Fitzpatrick was drunk and had fought with Ned and Dan. Another version of the story states that Fitzpatrick injured his arm on a door latch and claimed it was a bullet wound, cutting himself to make it look like he had removed a bullet. Regardless, Fitzpatrick returned to Benalla and lodged a report. The following day Ellen Kelly, Brickey Williamson and Bill Skillion were arrested and charged with aiding an attempted murder. Ned and Dan Kelly had gone into hiding at Dan Kelly’s hut in the bush, and a £100 reward was posted for the capture of Ned Kelly for attempted murder.

Ellen Kelly

While the brothers were hiding in the Wombat Ranges Ellen Kelly, Brickey Williamson and Bill Skillion were sentenced. Ellen Kelly received three years hard labour, the two men were given six years each. Days later a search party was sent from Mansfield to find the Kelly brothers. Word soon reached the bushrangers that they were being hunted and they tracked the police as they ventured into the bush from Mansfield on 25 October, 1878. Despite the fact they had constructed a fortified hut with huge logs for walls and an armoured door made of sheet metal to protect them in an ambush, they remained on edge. The Mansfield police party consisted of Sergeant Michael Kennedy and Constables Thomas McIntyre, Michael Scanlan (of Mooroopna) and Thomas Lonigan (of Violet Town). They set up camp on the banks of Stringybark Creek, less than a mile from Dan Kelly’s hut. The following day Kennedy and Scanlan headed off to scout for the brothers, leaving McIntyre and Lonigan to tend the camp. McIntyre shot some parrots with a shotgun Kennedy had left him for the task of hunting something for supper. He returned to camp and began cooking bread. Unknown to them, the sound of McIntyre shooting had been heard and Ned Kelly decided to bail up the police. He and Dan were joined by Joe Byrne, a young man from the Woolshed Valley who had recently been involved in stock theft with Ned, and Steve Hart, a jockey from Wangaratta. Ned claimed his intention was to rob the police of their food and weapons.

[Source: State Library of Victoria]

In the afternoon of 26 October, 1878, the Kelly Gang emerged from the bush and ordered McIntyre and Lonigan to bail up. McIntyre did as instructed but Lonigan ran and was shot by Ned with a quartered bullet. A piece of shrapnel pierced Lonigan’s eye and entered his brain, killing him. Ned insisted that Lonigan had gotten behind a log and was about to shoot him. McIntyre would refute this, stating that there was not enough time for Lonigan to have done so. The bushrangers raided the camp, gathering what they could. Dan Kelly insisted McIntyre be handcuffed but Ned refused. He ordered McIntyre to tell the other police to surrender when they returned or be shot. Joe Byrne drank tea and smoked with McIntyre as they waited. When Kennedy and Scanlan returned the gang hid and McIntyre attempted to get the police to surrender. Very suddenly shots were fired. Ned shot Scanlan in the back as his horse tried to run away. Kennedy jumped out of the saddle and began shooting with his pistol. McIntyre escaped on Kennedy’s horse and rode into the bush. Kennedy attempted to follow McIntyre and shot Dan Kelly in the shoulder. Ned pursued Kennedy and they fired at each other in a running gunfight. Kennedy was wounded and fell a considerable distance from the camp. Ned finished him off by shooting him in the chest at close range. He would claim it was a mercy killing. The bushrangers then looted from the corpses and took everything they needed from the camp before burning the tent. Constable McIntyre, meanwhile, had been badly injured as he escaped and hid in a wombat hole overnight. The following day he walked to a farm and raised the alarm.

[Source: State Library of Victoria]

Almost immediately parliament passed the Felons Apprehension Act, which gave them the power to declare people “outlaws”. This was based on the legislation of the same name passed in New South Wales in response to bushrangers such as Ben Hall and Dan Morgan. It meant that the outlaws were not protected by the law and could be murdered without provocation and the killer would not only be exempt from any repercussions, they would receive the reward money. Ned Kelly, Dan Kelly and their two accomplices (Joe Byrne and Steve Hart had not yet been identified) were officially declared outlaws in the colony of Victoria. £1000 was put on Ned’s capture, another £1000 was offered for the others. The assistant commissioner of police, Charles Hope Nicolson, was assigned to lead the hunt for the gang.

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Assistant-Commissioner Nicolson. [Source: State Library of Victoria.]

On 9 December, 1878, the Kelly Gang re-emerged. They stuck up Younghusband’s Station at Faithfull’s Creek and imprisoned the staff in a storeroom. That evening a hawker arrived to camp at the station and he was bailed up as well. The outlaws took new outfits from the hawkers wagon and spruced themselves up with perfume. Later, Ned held a Q&A session in the shed where he answered all the questions his prisoners had about his life and crimes. The next morning, Dan guarded the prisoners while the other gang members destroyed the telegraph lines. A hunting party was also captured and added to the prisoners in the shed.

The storeroom where the Kelly Gang kept their prisoners, photographed in 1940 [Source: State Library of Victoria]

In the afternoon of 10 December, Ned, Dan and Steve rode to Euroa to rob the bank. Dan guarded the back door as Steve went into the manager’s homestead via the kitchen. Here he was recognised by one of the servants who had been a schoolmate of his. He locked her in the drawing room with the rest of the manager’s family before heading into the bank. Meanwhile, Ned had tried to get in the front door with a dodgy cheque he had made the superintendent of Younghusband’s Station write out. When the bank clerk tried to tell him they were closed, he burst in and bailed the staff up and ordered them to give him all the money. Once the till was emptied he ordered them to open the safe but they needed the manager’s key. Ned and Steve bailed up the manager, Robert Scott, and after much hassle, including sending Scott’s wife to get the key from the study, the safe was emptied too. The outlaws then took the staff and the Scotts with them back to the station where Joe had been guarding the prisoners, and had even captured the linesman sent to repair the broken telegraph wires. The gang stayed until night time and then left, ordering the prisoners to wait until they were gone before leaving themselves. The gang escaped with over £1500 on gold and money. In response the reward was raised to £4000 and Assistant Commissioner Nicolson was replaced by Superintendent Francis Augustus Hare.

Steve Hart and Ned Kelly bail up Robert Scott and his staff. [Source: State Library of Victoria]

With all four gang members now officially named, it was harder for them to move around, so they got Joe Byrne’s best friend Aaron Sherritt to keep the police distracted by giving them false information. In early 1879 he informed Superintendent Hare that the Kelly Gang would be going to Goulburn. The police immediately headed for Goulburn, but the outlaws were actually heading for Jerilderie, further west. They split up and Ned and Joe went to the Woolpack Inn to get information about Jerilderie. They soon rejoined Dan and Steve and headed into the town.
At midnight on 7 February, 1879, the Kelly Gang woke the Jerilderie police up and captured them. They locked the police in their own lock-up cell and planned their next heist. The next day Ned and Joe disguised themselves as police reinforcements and went through the town with one of the constables. They made note of where everything was. Later, Joe and Dan traced the telegraph lines and got their horses shod. The next day Dan guarded the wife of the town’s Sergeant as she decorated the town hall for mass. The gang then began to round the townsfolk up and imprisoned them in the Royal Hotel. Joe went into the bank via the back door and bailed up the staff. Ned and Steve soon appeared. They robbed the till, but again had to get the manager’s key for the safe. Steve was sent to find the manager and caught him having a bath. Eventually the safe was opened and emptied. Ned began destroying records of the bank’s debtors and the bank staff were added to the prisoners in the hotel. Ned and Joe had written a letter that was to be published in the local newspaper, but the local news editor had run out of town once he realised the Kelly Gang were robbing the bank. Ned gave the letter to one of the bankers to be passed onto the press. The gang soon headed off with £2000 pounds of stolen money and gold. This caused the New South Wales government to contribute another £4000 to the reward.

Bailing up the Jerilderie police [Source: State Library of Victoria]

For months the gang seemed to disappear. During this time Aaron Sherritt kept the police distracted by hosting watch parties at the Byrne selection every night. Sub-Inspector Stanhope O’Connor was sent from Queensland with a party of native police. The native police were feared for their incredible tracking abilities and their discipline. During the latter months of 1879, Superintendent Hare took ill and was replaced by Assistant Commissioner Nicolson. Nicolson stopped the watch parties and relied on a syndicate of police informants to keep track of the Kelly Gang. Unfortunately a lot of information the police received was either outdated, false or cases of mistaken identity. The media criticised the police for their apparent ineptitude.

Scan_20190731 (4).jpg
Aaron Sherritt and Superintendent Hare watch the Byrne selection.

At this time the outlaws had begun to collect steel plates, mostly plough mouldboards, in order to craft bulletproof armour. Ned Kelly would claim his original intention was to wear the armour during bank robberies as the banks were now all guarded by armed soldiers. Each gang member had their own suit, but mystery still surrounds who made the armour. Many believe it was made by blacksmiths or by the gang themselves.

The Kelly Gang armour: Ned; Joe; Dan; and Steve.

The gang had also been very reliant on their sympathisers for fresh horses, food, shelter and information. The proceeds from the bank robberies had all gone to their supporters. The most prominent sympathisers were Tom Lloyd, Wild Wright, Paddy Byrne, Ettie Hart and the Kelly sisters. Aaron Sherritt was a sympathiser too, but many of the gang’s other supporters thought he was working for the police and had told the gang to murder him. Sherritt’s family had actually been working as police informants, his brother Jack Sherritt in particular, but Aaron had remained a supporter of his closest friend. Nevertheless, the rumours were persistent and Joe Byrne and Dan Kelly frequently tested the Sherritts by giving them useless information to see if it reached the police. When Superintendent Hare returned as head of the pursuit, he re-employed Aaron to take watch parties to spy on Mrs. Byrne. When the threats against Aaron became worrisome, Detective Michael Ward, one of the heads of the hunt based in Beechworth, had arranged for Aaron to be guarded day and night by police.
Meanwhile, Ned Kelly had decided to escalate the conflict with the police and take out as many of them in a single go as possible. He planned to lure them out on a special train and derail it. A commotion at Aaron Sherritt’s hut would cause the police, who were based in Benalla, to go by train to Beechworth and resume the hunt with a fresh trail. In order to get to Beechworth they had to pass through Glenrowan, where the train line would be broken on a treacherous bend, causing the train to fly off the tracks. The intention seems to have been to murder the police on board in order to force the government to stop pursuing the gang out of fear.

[Source: State Library of Victoria]

On 26 June, 1880, Dan Kelly and Joe Byrne bailed up a German neighbour of Aaron Sherritt named Anton Wick. They took him to Sherritt’s hut and used Wick to lure Aaron to the back door. When Aaron opened the door Joe murdered him, shooting him twice with a shotgun. Aaron died instantly. The four police constables that had been assigned to protect Aaron cowered and hid in the bedroom. Joe and Dan tried to force the police out of the bedroom for two hours before giving up and riding off to join Ned and Steve at Glenrowan.

Some of Thomas Carrington’s images from the Glenrowan tragedy depicting Sherritt’s hut, Joe Byrne’s horse, Music, and a view of the battlefield. [Source: State Library of Victoria]

At Glenrowan, Ned and Steve bailed up a team of quarrymen and some plate-layers to pull up a section of the train track. Ned also captured Ann Jones, proprietor of The Glenrowan Inn, and her daughter Jane. The prisoners were taken to the gatehouse where Joe and Dan arrived at around five in the morning. At daybreak the prisoners were split into two groups: women and children were kept in the gatehouse to be guarded by Steve, everyone else was taken to The Glenrowan Inn. Throughout the day more prisoners were captured as Ned waited for the police. To keep the prisoners occupied there were sporting games held at the inn, card games were played inside, drinks flowed freely and there was even a dance in the bar room. Still, there was no sign of police. As it was a Sunday, no civilian trains would be running and Ned expected the police to arrive as soon as they heard the news of what had happened at Aaron’s hut. What Ned had not discovered was that the news of Aaron’s murder did not reach the police in Benalla until after lunchtime. The police took a long time to make any arrangements but as dusk approached, arrangements were made for a special police train to be sent to Beechworth.

[Source: State Library of Victoria]

That evening Ned decided to bail up the local policeman, Constable Bracken. Thomas Curnow, the schoolteacher, had been trying to convince Ned he was on his side all day and Ned finally agreed to let Curnow take his sick wife home when they went to capture Bracken. As soon as he got home, Curnow gathered materials to help him stop the train. He took a candle and a red scarf and rode off to the train line. Back at the inn there was more dancing and after midnight Dan Kelly told everyone to head home. However, Ann Jones stopped them from leaving so Ned could give a speech. As Ned was talking the police train finally arrived and stopped at the station. Curnow had used the lit candle behind the red scarf as a danger signal and warned the train about the damaged line. The Kelly Gang donned their armour and prepared for battle. Constable Bracken escaped and ran to the train station where he informed Superintendent Hare that the gang were in The Glenrowan Inn. The police headed to the inn and a battle commenced.

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Police battle the Kelly Gang. [Source: State Library of Victoria]

In the initial exchange Superintendent Hare’s wrist was smashed by a shot, Joe Byrne was shot in the calf, and Ned Kelly was shot in the foot and his left elbow was smashed. As the battle continued, the prisoners tried to escape. Jane Jones led a group of women and children to safety after she had been hit in the head by a police bullet and her little brother had also been mortally wounded by police fire. Over the next few hours, Ned escaped into the bush, most of the women and children escaped even though the police continued to try and shoot them, and Joe Byrne was killed by a police bullet to the groin. Police reinforcements continued to arrive throughout the early hours of the morning and just before sunrise Ned Kelly reappeared behind the police lines.

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Thomas Carrington’s depiction of Ned Kelly’s last stand. [Source: State Library of Victoria]

Ned fought the police for almost half an hour before Sergeant Steele blasted his unprotected knee. He was captured alive but badly wounded. Dan and Steve remained in the inn. At ten o’clock the rest of the prisoners were let out. By this time people from all around had descended upon Glenrowan to watch the siege. At three in the afternoon the police decided to burn the inn down to flush Dan and Steve out. They had previously ordered a cannon to be sent from Melbourne to blown the inn up but it had not yet arrived. As the inn was set on fire a Catholic priest, Matthew Gibney, ran inside to rescue anyone that was still in there. Joe Byrne’s corpse was dragged out and the dead bodies of Dan and Steve were found in the bedroom but could not be retrieved before the fire took hold. Another civilian shot by police, Martin Cherry, was rescued from the fire but only lived long enough to be given the last rites. After the fire had stopped, Dan’s and Steve’s bodies were retrieved. They were charred beyond recognition. The onlookers crowded around to get a good look at the dead bodies and to grab any souvenirs they could. Photographers captured images of many of the scenes.

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Joe Byrne’s corpse strung up against a cell door in Benalla. [Source: State Library of Victoria]

Ned Kelly was taken to Benalla, where Joe Byrne’s corpse was strung up against a door of the police lock-up to be photographed. Ned was then sent to Melbourne Gaol to be treated for his wounds but was not expected to survive. Meanwhile, Dan and Steve were buried in unmarked graves to prevent the police taking the bodies away from the families. Months after Glenrowan there were still bullets and bits of shot being removed from Ned’s hands, feet and limbs. When he was deemed fit, he was sent to Beechworth for a committal hearing. Authorities were worried that having a trial in Beechworth would mean there was a strong likelihood of there being sympathisers in the jury so in order to have the best chance at convicting him, he was transferred back to Melbourne for his murder trial.

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Ned Kelly being carried on a stretcher into Melbourne Gaol. [Source: State Library of Victoria]

The trial in the Supreme Court was quick and Ned Kelly was found guilty of murdering Constable Thomas Lonigan and sentenced to death by Sir Redmond Barry, the judge that had sentenced his mother to gaol in 1878. While he was held in Melbourne Gaol to await his execution, his sympathisers tried to get a reprieve. Petitions with tens of thousands of signatures were gathered and there were protests and riots in the streets of Melbourne. Kate Kelly met with prominent politicians to beg for mercy but the Executive Council were unmoved and the sentence was upheld. Ned dictated several letters from his cell in order to make his version of events heard. As he was unable to write due to his injuries another prisoner was made to write for him. On 11 November, 1880, Ned Kelly was hanged in Melbourne Gaol. Thousands of people gathered outside the prison and Ellen Kelly worked in the prison laundry within earshot of the gallows. After his execution, his body was taken to the dead house, his head was shaved and a cast made, then his body was removed to be dissected by university students. The remains were buried in the gaol.

The Kelly Gang was not prolific by a far stretch. They did fewer robberies than the Hall Gang; they murdered less people than Jimmy Governor; they were not at large as long as Captain Thunderbolt; and there were not as many members as The Ribbon Gang. But what distinguished the Kelly Gang was that there was a political element to their story that was unprecedented, and a sophistication to their operations that surpassed similar feats from the “golden era” of bushrangers. Most people believe bushranging ended with the Kelly Gang, but in fact bushranging continued well into the 1920s before it began to evaporate.
Certainly the armour is a powerful piece of iconography and it encapsulates a lot of what makes the Kelly story so unique. In almost 100 years of bushranging, starting with Black Caesar in 1788, nobody had thought to protect themselves from bullets. Ned Kelly mixed the best bits of old fashioned bushranging with a fresh, more methodical approach: to prevent being shot they made armour; because mail coaches were not lucrative targets they robbed banks; they destroyed telegraph lines to prevent information reaching the police quickly; to gain sympathy they gave speeches and wrote letters to the press and politicians; to prove they were not cold blooded murderers they performed intricate heists with no bloodshed. They were bushrangers that didn’t act like typical bushrangers and that made them a cut above the rest.

A policeman with some of the gang’s revolvers and pieces of Dan Kelly’s and Steve Hart’s armour in the 1960s [Source: National Archives]

Because the Kelly Gang came from the selector class and so many people identified with them, they became representatives of people in a way not seen since Jack Donohoe became the hero of the convict class. They came to represent everything one group of people tried to suppress, at the same time as being everything the other group wanted to be, which struck a chord and captured the imagination. Even now, they capture that same spirit because a lot of the class conflict in the modern day is merely a mutation of what it was then and stems from the same things. People will always be able to find something in the Kelly Gang they either love or hate because they have transcended history and become part of the cultural tapestry.

Joe Byrne: An Overview

Joseph Byrne was the eldest son of Patrick (Paddy) and Margret Byrne (nee White). Paddy was the son of an ex-convict from County Carlow, his mother was from County Clare and had travelled to Australia due to the Great Famine. Joe was born in the Woolshed Valley in 1856, though there is no known birth certificate, nor is there a baptism record to verify the date. He was soon joined by John in 1858, Catherine (“Kate”) in 1860, Patrick jnr (“Paddy” or “Patsy”) in 1862 , Mary in 1864, Dennis (“Denny”) in 1866, Margaret in 1869 and Ellen (“Elly”) in 1871.

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All of the Byrne children went to school and church in the Woolshed Valley. Joe was a good student and demonstrated early signs of the gift for language that would become a major part of his persona. He was at one time, according to the recollections of a former classmate, dux of his school, but academic excellence was irrelevant to the lifestyle thrust upon the Byrne children. The small Byrne selection was a functional dairy and the cows didn’t milk themselves. It was a case of all hands on deck where farm life was concerned.

Joe was always considered to be quiet and unassuming by most that encountered him. As he got older he would become more outgoing, largely thanks to the influence of his closest friend, Aaron Sherritt. It is unclear when and how Joe and Aaron met. The Sherritts were an Irish protestant family from El Dorado and moved in different circles to the Byrnes. Regardless of the nature of their meeting, the two became such firm friends that Aaron managed to get himself transferred to the Woolshed School so he could spend time with Joe while still getting a basic education. Aaron was far more outgoing and seemed to get himself into mischief regularly. This would prove to be a defining aspect of the relationship between the pair.

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Earliest known portrait of Joe Byrne

When Joe’s father Paddy died of a heart attack, Joe was expected to take on the mantle of head of the household. It fell on Joe to earn some money, so, as a fifteen year-old, he took up work doing odd jobs for the Chinese in Sebastopol. It was during this time that he witnessed a man named Ah Suey strung up outside a shop screaming for help. Days later Ah Suey was found murdered due to debts he owed to Chinese mobsters. Joe was a witness in the trial of the two Chinese men charged with the murder but gave very little information, possibly due to fear of a reprisal as the accused were apparently members of the Triad, a Chinese crime syndicate with branches all over the world. This would not be the only time Joe would end up in court thanks to his association with the Chinese. Joe spent much of his youth around the Chinese and learned Cantonese by ear. He indulged in the food and other cultural aspects such as gambling and opium smoking.

For a brief time, Margret Byrne attempted to court their German neighbour Anton Wick, who they referred to as Antonio. Joe seems to have disliked Wick, who was known for being something of a drunk and a brawler. Joe defiantly stole a horse from Wick and even flaunted his act by showing off his riding at Wick’s selection on the stolen horse. Wick took Byrne to court but the case was dismissed. No doubt this rebellious act did nothing to improve the already strained relationship Joe had with his mother.

As Joe and Aaron got older they became so intertwined in each other’s lives that Aaron became unofficially engaged to Joe’s sister Kate and Joe was in a long term relationship with Aaron’s sister Bessie and expected to be engaged. For whatever reason, Joe seems to have been reluctant to commit to Bessie, a dressmaker, but people would report on their relationship well into future events. The pair tended to get up to greater and greater mischief, eventually engaging in stock theft together. This brought the pair in frequent contact with two Beechworth-based policemen, Detective Michael Ward and Constable Patrick Mullane. The first recorded incident of Aaron and Joe getting into trouble with the law was in May 1876 when they stole the pet cow from the El Dorado school common. The pair butchered the unfortunate animal and divvied up the carcass between their families. The evidence against them was overwhelming and Joe and Aaron were both sent to Beechworth Gaol for six months. Joe appears to have been well behaved in prison and gained his release on 6 November, 1876. This was to be the only time that Joe would be convicted.

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Joe and Aaron steal the El Dorado school cow.

The pair had barely gotten readjusted to life on the outside when they were charged with assaulting a Chinese man named Ah On in February 1877. Joe and Aaron had been skinny dipping in the dam where Ah On got his water and a disagreement arose during which the Chinese man chased them with a bamboo rod and Aaron threw a large rock that cracked Ah On’s skull. They were arrested and held in Beechworth to await trial.

It is likely that it was in the holding cells of Beechworth while awaiting their day in court, that Joe and Aaron met 16 year-old Dan Kelly who was waiting for his own appearance on a charge of stealing a saddle. Despite the evidence being fairly conclusive against the pair, Joe and Aaron were let off. No doubt Joe was counting his lucky stars, but it wasn’t enough to convince him to walk the straight and narrow.

In late 1877 and early 1878, Joe and Aaron joined a horse stealing gang with Dan’s big brother Ned. Under the alias ‘Billy King’, Joe helped Ned, his stepfather George King, Aaron Sherritt and an array of others that came and went, to steal horses from wealthy squatters and perform an elaborate ruse to sell them over the border. Ned would ride into town with the stock, joined shortly after by Joe. Then Ned would “sell” Joe the horses, complete with bill of sale and Joe would sell the horses on. This way everything seemed legitimate and above board to witnesses who had never met the men before. Ned Kelly claimed they stole more than 250 animals and they were never caught (although some of the men who bought the stock from them ended up in gaol). What caused the lucrative operation to be stopped is a mystery, but likely it had something to do with Ned feeling like he had taught the squatters he was taking a swipe at a lesson.

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Portrait of Joe Byrne from Francis Hare’s ‘The Last of the Bushrangers’.

In April 1878, Ned and Dan Kelly took to the bush after an incident at the Kelly homestead where Constable Alexander Fitzpatrick was shot in the wrist while trying to arrest Dan. Some historians have speculated that the Kellys’ brother-in-law William Skillion was misidentified by Fitzpatrick who had actually seen Joe, despite Skillion being shorter, heavier and older than Joe with no comparable facial features. At any rate, the Kelly brothers were joined by Joe and Dan’s mate Steve Hart at Dan’s hut on Bullock Creek. The Kelly brothers were attempting to raise money for their mother’s court appearance by mining for gold and distilling bootleg whiskey. Ned soon received news that there were parties of police heading into the Wombat Ranges to capture them and in response the four decided to bail up the police and rob them.

On 26 October, 1878, a party of four policemen consisting of Sergeant Michael Kennedy and Constables Thomas McIntyre from Mansfield, Michael Scanlan from Mooroopna and Thomas Lonigan from Violet Town, entered the bush in pursuit of the fugitive brothers and camped at Stringybark Creek, less than a mile from the hideout. The next day Ned, accompanied by the other three, ambushed the police. Lonigan was shot dead while attempting to fire at Ned. Ned interrogated McIntyre, who revealed that Kennedy and Scanlan were out scouting. Joe attempted to settle the terrified trooper by drinking tea and smoking with him. When the other police returned, McIntyre attempted to get them to surrender but a gunfight erupted. Constable Scanlan was shot and killed, then Kennedy was also killed after a running gunfight. It has been suggested that Joe Byrne fired the shot that killed Scanlan, but there is not enough evidence to conclusively prove the notion. Regardless, Joe took Scanlan’s solitaire ring, a gold band with a blue topaz set in it, as well as Lonigan’s wedding band and watch. The watch was eventually returned but Joe always wore the rings and is seen wearing them in the post morte. photos taken of him at Benalla. The gang were soon declared outlaws by act of parliament, with Joe for the first time having a price of £250 on his head, though he was unidentified at the time. Based on descriptions given by Constable McIntyre, some people recognised his as Billy King, another name put forward was Bob Burns.

The outlaws’ next move was to rob a bank to pay their supporters. After weeks of scouting and collecting tips, the gang struck on 7 December, 1878. They stuck up Younghusband’s Station, Faithful Creek where the staff and visitors were locked in a shed. The gang dressed in new clothes taken from a hawker’s wagon. The following morning Joe joined Ned and Steve in vandalising the telegraph lines. Later, Joe was left to guard the prisoners while Ned, Steve and Dan rode into Euroa to rob the bank. Joe had written a letter in red ink, dictated by Ned, which was Ned’s attempt to explain his side of the story. This would become known as the Cameron letter as it was sent to Donald Cameron MP whose political posturing Ned had mistaken as being sympathy. The gang released the prisoners in the evening and escaped with £1500 in gold and cash.

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Joe Byrne (Steve Bisley) takes the gang’s horses to get shod in Jerilderie in ‘The Last Outlaw’ [1980]

The gang went to ground briefly following the robbery, but they were still active in planning their next heist. In February 1879 Joe convinced Aaron Sherritt that the gang would strike at Goulburn. Aaron duly passed this information on to Superintendent Hare in Benalla. Hare had been given the job of leading the hunt for the Kelly Gang after the previous leader, Superintendent Nicolson, was deemed unfit for purpose. So, while the police headed for Goulburn, the gang headed for Jerilderie. Ned and Joe spent a night drinking in the company of Mary Jordan, a barmaid known locally as Mary the Larrikin. The next day they joined Dan and Steve and rode into Jerilderie at night where they roused the police and bailed them up. The police were held in their own lock-up and the gang took over occupancy of the police station. Over the weekend the gang dressed in the policemen’s uniforms and scoped the town out. Joe had the gang’s horses shod on the government account and helped Ned plan the big robbery. Another letter was written up by Joe, dictated by Ned, to be printed in the local rag, since named the Jerilderie letter. It was a much longer version of the previous letter and appears to have had much more content influence by Joe. On the day of the heist the locals were rounded up into the pub and Joe went next door into the bank via a rear entrance, pretending to be a drunk. He held the staff at gunpoint declaring “I’m Kelly!” and was soon joined by Ned and Steve. The bank was raided and Ned even took to burning debt records. Afterwards the gang shouted everyone drinks and Ned gave a speech before the gang rode away with £2000 in unmarked, untraceable banknotes, gold and change. The New South Wales government immediately doubled the reward for the gang to £8000. In the wake of the gang’s increased notoriety, a song began circulating supposed to have been written by none other than Joe Byrne himself, telling the story of the gang’s exploits.

The few months after Jerilderie saw Joe and Dan testing the Sherritt brothers for their loyalty. On numerous occasions Joe would write threatening letters to Detective Ward and draw caricatures that were both insulting an a threat. He would give them to Jack Sherritt to pass on to Ward. Joe would frequently tell Jack and Aaron about supposed plans the gang had for future robberies and at one point suggested he and Dan would recruit Jack and Aaron to join them in robbing a bank behind Ned’s back, because Joe did not agree with Ned’s method. Joe was soon being pressured by sympathisers to murder Aaron and in a letter sent to Aaron on 26 June, 1879 he stated:

The Lloyds and Quinns wants you shot but I say no, you are on our side.

It was around this time that Joe’s opium addiction because problematic. Opium is a powerful drug that is highly addictive and when Joe’s supply ran out he suffered withdrawals. With this came weightloss, fever, mood swings, and anxiety among other symptoms. While opiate withdrawal can induce a form of psychosis, it is unclear if this was something Joe suffered. Some speculate that he was paranoid that the Sherritts were plotting against him, but it must be remembered that not only was this belief fostered by the Kelly sympathisers, it was actually true (at least where Jack Sherritt was concerned). There was even suggestions that one of the Sherritt brothers, likely Jack, was masquerading as Joe to plant stolen horses in people’s paddocks and harass station-masters at railway crossings in order to stimulate police presence in areas where there were suspected sympathisers.

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Joe Byrne (Orlando Bloom) visits his girlfriend Maggie (Brooke Harman) in ‘Ned Kelly’ [2003]

Throughout his outlawry Joe was seeing a general maid named Maggie at The Vine Hotel in Beechworth. The hotel was run by the Vandenbergs, a prominent family in the community, and was far enough outside of the town centre that Joe could access it with hardly any risk of being spotted. On Saturday nights Joe would sneak out of the bush for a drink and a bit of horizontal refreshment, then catch up on the gossip from around town. The last time they saw each other was just before Glenrowan when Maggie informed Joe that Aaron Sherritt had been in The Vine with a policeman who had interrogated her.

Despite Joe’s apparent misgivings about Aaron’s supposed infidelity, it was decided to make Aaron a vital part of Ned Kelly’s masterplan to lure a train full of police to Glenrowan. Many questions still loom about the details of Ned’s original plan but what is known is that Joe and Dan bailed up Anton Wick and used him to lure Aaron to open the door to his hut, whereupon Joe blasted him twice with a shotgun, killing him instantaneously. For two hours Joe and Dan terrorised the four armed police hiding in the bedroom, threatening to shoot them or burn the hut down, before setting Wick free and heading off for Glenrowan to meet Ned and Steve.

After arriving at Glenrowan, Joe was tasked with escorting Jane Jones, the daughter of the Glenrowan Inn’s publican, into the inn to prepare for the gang’s prisoners. Throughout the day he guarded the prisoners. At one stage Joe had to calm a situation outside the gatehouse, where Ned was verbally abusing a teenage boy to the point that the boy was shaking uncontrollably in terror. As time went on Joe’s mood seemed to improve and he grew friendly with Ann Jones, dancing with her and at one point playing with her hair while she tugged at Scanlan’s ring on his finger. In the evening Joe accompanied Ned to bail up Constable Bracken, the town’s only policeman.

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Joe Byrne’s iron armour

In the early hours of Monday morning, 28 June, the police special train Ned had planned to derail finally arrived in Glenrowan. It was warned by the school teacher who had been allowed to go free by Ned the night before. The gang put on suits of iron armour and confronted the police. In the gunfight Ned was injured as was Superintendent Hare and Joe, who was shot in the right calf, an injury that would have damaged nerves, tendons and ligaments. During the fight Joe and Ned were overheard bickering, Joe reportedly telling Ned:

I always told you this bloody armour would bring us to grief, and now it has!

The armour had been constructed mysteriously in the early part of 1880. They were made mostly from repurposed plough mouldboards. Each suit had a slightly different design. Joe’s is considered the best made suit and has small plates to connect the backplate and breastplate. The helmet has a distinct scalloped faceplate that gives the impression of two individual eye holes, rather that a single eyeslit like the rest of the gang’s helmets. Despite it’s effectiveness in protecting the head and torso, the arms, legs and groin were still vulnerable. Ned seemed to think the armour would lead them to victory, but the opposite seemed true.

Over the next few hours Ned disappeared and the rest of the gang retreated into the inn. Police reinforcements began to arrive and the inn was continuously riddled with bullets. Some of the prisoners, mostly women and children, managed to escape, mostly unharmed. With Ned missing and no sign of an escape route, the gang’s morale was low. Joe began to drink heavily. At around 5am Joe poured himself a drink and stood at the bar giving a toast:

Here’s to many more long and happy days in the bush, boys!

At that moment a fusillade of bullets penetrated the inn and Joe was hit in the groin. He collapsed on top of two of the trapped civilians and bled to death within minutes, the bullet having severed his femoral artery.

In the afternoon, after Ned was captured and the prisoners freed, the inn was set on fire by police. Father Gibney, a priest from Western Australia, rushed in to try to rescue Dan and Steve but found them dead. Joe’s body was dragged from the inferno by police but the other two gang members were incinerated. Joe was still dressed in his armour when he was dragged out.

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Byrne’s corpse photographed at Benalla by Burman [Source: Victoria Police Museum]

Joe’s body was taken to Benalla police station where it was sketched by artist Julian Ashton, then tied to a lock-up door for photographers. The sight attracted a number of curious spectators but was described with great disgust in the press. The skin on the hands had begun to crack and blister from the fire, and the face was black with smoke. The clothes were stained with dirt and blood.

The inquest on Byrne’s body was conducted in secret that night and immediately followed by a casting of the body for the Bourke Street wax museum. Stripped of his clothing and jewellery, Byrne was given a pauper’s burial in an unmarked grave in Benalla cemetery, before the family had a chance to claim it. This was deliberately engineered by Captain Standish, the chief commissioner of police. The report from the inquest was never released, only a summary of the findings.

Decades later a grave marker was placed in the approximate location of Joe’s grave. To date he is the only member of the Kelly Gang with a marked gravesite. His family later moved further north but tragedy seemed to follow them. His sister Kate was briefly admitted to a lunatic asylum. His brother Paddy apparently committed suicide by drowning and Margret Byrne refused to discuss Joe, referring to him only as “The Devil”.

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Joe Byrne and Aaron Sherritt in more carefree times.

The popular perception of Joe Byrne is to either typify him as a romantic balladeer with Bohemian proclivities or a murderous, paranoid and unhinged drug addict. Neither interpretation is correct. Joe was a complex man who at once was loyal to a fault and hopelessly addicted to sex, booze and opium. At the same time he had a fierce temper that would result in violent acts, sometimes extremely so, and his intellect was hamstrung by his lack of education and opportunities to flex his grey matter. Under more favourable circumstances Joe Byrne could have become a successful bush balladeer like Lawson or Patterson. Instead, his poverty stricken home life and lack constructive outlets to indulge his artistic leanings resulted in delinquency and eventually outlawry that resulted in his premature death.


A Special thank you to Georgina Stones for her assistance in putting this brief biography together.

If you would like to read some of Georgina’s writings about Joe Byrne, you can read them at An Outlaw’s Journal.

You can also read some of her work below:

Joe Byrne: An Opinion

“I have a heart, but it’s as hard as stone”: Joe Byrne and Aaron Sherritt

Fragments from an Outlaw’s Journal

Dan Kelly: An Overview

Forever consigned to popular culture as Ned Kelly’s little brother, Dan Kelly was a young man of only nineteen when he lost his life fighting the police. Like so many “boy bushrangers” his young life was snuffed out without him having ever fulfilled his potential, wasting his youth on a life of crime. But there was more to Dan Kelly than just having Ned Kelly as his big brother.

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Studio portrait of Dan Kelly

Daniel Kelly was born on 1 June, 1861 to John “Red” Kelly and Ellen Quinn. He was named after one of his father’s brothers and christened in the church in Beveridge, Victoria, where the family were living in a house John had built. Before Dan was born, there had been Mary Jane (died in infancy), Annie, Ned, Maggie and Jim. Dan would be followed by Kate and Grace. Dan’s infancy years were quiet for the family. John turned his hand to a number of occupations but was primarily employed doing odd jobs around the district and splitting timber. Financial strain, however, soon saw John attempting to distill his own whiskey. Unfortunately he took to drinking most of the produce himself. The difficulty saw the family relocate to Avenel, but here their problems would not only continue, they would worsen.

[Source: The Illustrated Australian News, 17/07/1880]

John spent six months in gaol in 1866 for stealing and butchering a calf. This meant that for half a year Ellen was reliant on her brothers for help around the place. The Quinn brothers were not model citizens by the furthest stretch, Jimmy Quinn being the worst of the lot. Jimmy was too fond of liquor, quick to violence and did not discriminate when choosing a target. No doubt Dan’s exposure to this would have negatively shaped his young mind. When John was released from gaol he was a broken man. Dan was barely five years old when his father died of dropsy, an old term for oedema (build-up of fluid in the soft tissues), likely linked to his alcoholism. He was buried in Avenel. The family soon found themselves frequently homeless, moving from Avenel to an abandoned pub in Greta. Here the Kellys co-habited with Ellen’s sisters, both of whose husbands were in prison at the time, and their children while they attempted to make ends meet.

The new home in Greta was short-lived. One night John Kelly’s brother James had arrived at the house drunk and his sexual advances were rebuffed by Ellen. He returned later that same night and burned the place to the ground. The children inside were asleep but the sisters remained awake, fearful of retribution. After another binge at the local pub, James threw incendiary devices at the house until a fire took hold, but thankfully there were no fatalities. The families were now homeless again and devoid of earthly possessions such as clothes and furniture. When James was tried he was sentenced to death by Sir Redmond Barry. This was later commuted to a long prison sentence by the executive council. The Greta community got together and helped the victims get back on their feet. Ellen soon gained a lease on a selection on the 11 Mile Creek. Things were starting to look up.

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This portable lock-up was formerly used in Greta and likely was the one that held young Jim and Dan Kelly before they were transferred to Wangaratta.

With his big brother Ned, only twelve himself when Red died, acting as man of the house, Dan and his brother Jim often ran wild. By 1870 things had changed dramatically for the family. Ellen had her selection but the land was not fit for crops. The family had to rely on the money they made from lodgers and travellers looking for a drink. Fifteen year-old Ned worked for a time as Harry Power‘s offsider, and then found himself in and out of gaol, eventually copping three years for receiving a stolen horse. Jim was now the man of the house in Ned’s absence. Jim was not a good candidate, however, and would coax Dan into mischief; their first arrest occurring when Dan was only ten years old.

In September 1871, Jim and Dan had borrowed horses without permission from a hawker named Mark Krafft. Krafft had been grazing his horses at the Kelly selection, as he had frequently done, and the boys had taken them for a joyride. Jim had previously been working as Krafft’s servant to get some extra money, the pudgy child being less physical than his big brother and thus less suited to splitting work. Constable Ernest Flood, newly stationed in Greta, nabbed them on a charge of illegally using a horse and took the children to Wangaratta to be kept in the logs until trial. When they went to court two days later the case was quickly dismissed on account of Jim’s and Dan’s ages (12 and 10 respectively) and the fact that Jim had been a servant of Krafft for a time. One can only imagine the impact that the experience of being taken away from their family and locked up in a cell with a bunch of strange, grown men waiting for trial for two days would have been on the children. It would eventuate that Flood was nothing but bad news for the family, allegedly stealing their horses and selling them to railway workers and sexually assaulting Dan’s big sister Annie and making her pregnant, though the truth of this is debatable owing to there being no solid evidence to back the claims.

Jim, only fourteen, ended up in gaol in 1873 with two sentences of 2 1/2 years to be served consecutively for helping shift stolen cattle. With Red gone and Ned and Jim in gaol, Ellen was on the lookout for a new man to help around the house and to protect her from her brothers or anyone else that might come sniffing around with bad intentions. She took the bold move of selling grog on the sly to travellers and seemed to think she had found her man in Bill Frost, an itinerant worker who had lodged with the family. Frost engaged in a sexual relationship with Ellen, from which she became pregnant with a daughter. Frost was apparently not keen to be a father and skipped town. Ellen, not one to be passive, tracked him down and took him to court for maintenance. After a long and bitter dispute she won but the infant died before the first maintenance payment came through. One can only imagine how this would have impacted young Dan, who had to assume the role of man of the house.

It wasn’t all gloomy for Dan though. According to some accounts, while his big brothers were doing time, Dan was lavished with affection from his sisters. Some considered this made him spoiled, but at any rate he managed to keep his nose clean during this period. It was at this time that Ellen took in George King, a 25 year-old American-born traveller, miner and stock thief. It was a remarkably short courtship as they were married in 1874, just after Ned came home from Pentridge. Within a month Ellen gave birth again. No doubt Dan, now thirteen, was relieved not to have the responsibility of being the male head of the household anymore. Between Ned and George the role was well taken care of.

Dan’s main hobbies at this time were much the same as the majority of young men in the country – riding and hunting. Dan would latch onto groups of boys who were out kangaroo hunting and took much pride in his marksmanship. He also took much joy in racing his peers on horseback. A brilliant description of Dan came from Joseph Ashmead, a friend of the Kelly family, in an unpublished memoir:

He was riding a smart black pony, and proudly told us it was a galloper and could clear any fence in the north east. The boy was alert and active with piercing black eyes that took in everything at a glance. He wore strapped trousers, a red shirt and straw hat tilted forward, secured by a strap under his nose. The back of his head was broad and covered with close cropped hair as black and shiny as a crow; his jaw was heavy, his lips thin, and when closed tightly, there seemed to be something cruel in them, but when they relaxed into a smile, he appeared to be a jovial, good-natured fellow. His name was Dan Kelly and he was a great lover of horses. I was the only one of the boys who had a horse. A bay pony. She had belonged to a clergyman and was an honest goer. Dan ran his eye over my over my horse and proposed that we should have a race, a challenge that I gladly accepted. When Dan found that he could not shake me off, he developed a great respect for me, and declared there was not a kangaroo in all the country who could get away from us, so we went kangaroo hunting, not once but many times. I left my cows to look after themselves, or bribed some of the boys to look after them for me, with the promises of some sinews out of the kangaroo’s tail to make whip crackers with.

No doubt Dan’s hunting provided much needed meat for the family, or at least was able to be sold to raise money for other goods. Seemingly Dan left home at the first opportunity to seek work. By some reports he travelled into New South Wales to work on sheep stations around the Monaro region as a shearer. He was also reported to have worked in Chesney Vale with Ned as a brick layer, but was not very good at it. It is likely that this is when Dan took up possession of an abandoned miner’s hut by Bullock Creek in the Wombat Ranges and began prospecting for gold. Sluices were later constructed along the creek and this would have provided a bit of pocket money. No doubt the seasonal nature of most of these jobs left Dan with a considerable amount of free time in between and he soon found himself adopting the larrikin culture of the day.

[Source: Melbourne Punch, 30/10/1873]

The fast riding, clownishly attired, skirt chasing lifestyle of the larrikin had become a widespread issue throughout the colonies. Gangs of youths in porkpie or billycock hats worn on jaunty angles, short Paget coats and jackets, bell-bottom trousers, colourful sashes and pointy high-heeled boots would loiter in public areas making a nuisance of themselves. Dan became a founding member of the “Greta Mob”, who populated the streets around Greta and Wangaratta. Apart from Dan, the mob consisted mostly of his cousins Tom and Jack Lloyd and a young Wangaratta jockey named Steve Hart, with the rotating roster of associates typical of these forms of social group. Their primary interests were fast horses, smoking, booze and chatting up girls. The boys were known to ride full gallop through the streets and challenge each other to various horse tricks. Steve Hart, for instance, could get his horse to vault over the railway gates, much to the chagrin of the gatekeeper. The Greta Mob adopted as their signature the larrikin badges of high-heeled boots, cocked billycock hats with the hatstring worn under the nose (to stop the hat flying off when riding at full gallop) and brightly coloured sashes worn around the waist. The style was clownish but that’s not unusual for teenage boys of any era. Unfortunately, Dan was still living in hand-me-downs and cut an odd figure in his threadbare, oversized, outdated outfits. The only verified photographic images we have of Dan illustrate this clearly. He wears a rumpled hat, a baggy sack coat with missing buttons and fraying cuffs as well as baggy trousers held up with a piece of rope. He was known to grow his hair long and seems to have cultivated a moustache at some point. But what Dan lacked in creole couture he made up for in his riding and his drinking. It has been written that Dan had many sweethearts but whenever they were unavailable for a night of frivolity he would employ the services of working girls, though it is incredibly unlikely that a fifteen year-old boy would have the presence of mind or the funds to engage in that lifestyle, regardless of the usual rampant libido they enjoyed.

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One of the few times Dan graced the courts was in relation to a supposedly stolen saddle. In March 1877 he was charged with stealing the saddle in question in Benalla and was tried during the Beechworth general sessions before Judge Hackett. It had taken five months to lay charges against the teenager. The saddle in question was one that Dan had purchased from a man named Roberts in exchange for a different saddle and £1, and he produced a receipt to prove it, which was verified in court. Along with Jack Lloyd and his brother-in-law Bill Skillion, Ned Kelly was present during the hearing as a witness to back up his little brother. In the end the case was dismissed and Dan walked away with a sense of vindication. Judge Hackett stated that he “did not see why the prisoner was there at all” as his case was clear-cut. During this case Dan displayed a trait that distinguished him from his older brothers – he provided no resistance to arrest and complied happily with the police. This could be interpreted by some as overconfidence in his ability to dodge a conviction, but more likely Dan understood that resisting arrest was a fool’s game and further that he was innocent of the crime of which he was accused (which a trial would – and did – prove). This would not be the last time he displayed a conspicuous willingness to comply.

While he had been waiting to appear in court over the saddle charge, Dan met two boys from the Woolshed Valley named Joe Byrne and Aaron Sherritt. They were also waiting to appear in court that day over a charge of assault against a Chinaman named Ah On. It would eventuate that the pair would not get their day in court that same day, remanded to be tried in the next session. What exactly transpired between the young men in that cell can only be guessed at, but this would prove to be a fateful friendship.

Dan’s first and only conviction came from an incident at Goodman’s store, Winton, on September 28, 1877. Dan had travelled into town to exchange meat for goods. When he arrived the establishment wasn’t open and therefore no trade took place. Annoyed, Dan went drinking with his cousins Tom and Jack then returned with them to Goodman’s store, drunk. Dan smashed in the door and took the goods he sought. A man going by the name Moses Solomon was also there and claimed he was assaulted by the rowdy larrikins. Tom Lloyd lingered and flashed Mrs. Goodman, the other two pushing Tom into her with the lights out. Dan was found guilty of wilfully damaging the property and sentenced to three months in Beechworth Gaol. Tom Lloyd was additionally charged with intent to rape but was found not guilty, yet still got six months for his part. Dan did his time in Beechworth Gaol without incident. Almost miraculously for a Kelly boy he managed to get through his sentence without incurring any additional penalties. Three months crushing granite would have given Dan bigger muscles, but also greater resolve to walk the straight and narrow once he was out. Unfortunately fate had a different plan for him.

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Tom Lloyd, Dan’s cousin [Source: Victoria Police Museum, VPM3061]

While Dan was still in prison a warrant was issued for his arrest. A witness saw two young men they believed to be Dan Kelly and Jack Lloyd leading a mob of stolen horses near Chiltern. They reported it to the police and the paperwork was duly issued. This was noted by Constable Alexander Fitzpatrick after reading the announcement in the Police Gazette. On April 15, 1878, Fitzpatrick was sent from Benalla to take over at Greta police station. Fitzpatrick informed his superior, Sergeant Whelan, that he knew of a warrant for Dan Kelly and intended on arresting him on his way to the station. Fitzpatrick went alone to the Kelly property and what occurred has been subject to much scrutiny and debate. The general thrust is that Fitzpatrick enquired after Dan but found he was away. The constable then asked a neighbour, Brickey Williamson, about Dan’s whereabouts before electing to return to the Kelly house and wait. He was greeted by Dan who offered to go quietly on the provision that he could finish his dinner first. After this, a scuffle broke out and Fitzpatrick was wounded in the wrist. The policeman claimed Ned Kelly had shot him, Ned Kelly claimed he wasn’t even there. Each witness account conflicted with the others in some way. Regardless, Dan and Ned immediately fled to the Wombat Ranges. Ellen Kelly, Brickey Williamson and Dan’s brother-in-law Bill Skillion were arrested and charged with aiding attempted murder.

Constable Fitzpatrick [Source: Victoria Police Museum, VPM2580]

For six months Dan and Ned hid in the ranges. A second, fortified, hut was built further up the creek from Dan’s place using thick logs, and both huts were equipped with whiskey stills. The intention was to raise money for Ellen Kelly’s defence by selling gold and bootleg whiskey. Unfortunately it was not enough and Ellen got three years, the men each received six years.

After the trial police parties were organised to bring the Kelly brothers to justice. Warrants had been issued for their arrest. There was £100 on each of their heads; Ned for attempted murder, Dan for aiding and abetting. A party was sent from Mansfield to find the Kellys in the Wombat Ranges. The party consisted of Sergeant Michael Kennedy and constables Michael Scanlan, Thomas McIntyre and Thomas Lonigan. When Ned found the police party’s tracks he sent Dan to find their camp, which he duly did. The next day the brothers, roused by McIntyre firing a shotgun while hunting parrots, went to the police camp with Joe Byrne and Steve Hart. They hid in the spear-grass and intended on ambushing the camp to take the police guns and horses. When the bushrangers emerged they held McIntyre at gunpoint. When Lonigan ran to cover and moved to fire at the arrivals, Ned shot him. There was a moment of disbelief as Lonigan struggled on the ground. Dan remarked “He was a plucky fellow. Did you see how he went for his gun?” He then seized the police shotgun and searched the tent. When Lonigan’s identity was revealed, Dan exclaimed that “He won’t be putting any of us poor buggers away again.”

[Source: State Library of Victoria]

McIntyre took a particular dislike to Dan, describing his nervous laughter and his “grotesque” appearance in his oversized hand-me-down clothes. McIntyre fully believed that Dan would be the one to put a bullet in him.

Dan insisted McIntyre be handcuffed but Ned refused, believing a fear of being shot was incentive enough for the trooper to obey his orders. This did not sit well with Dan who grumbled that the police would just as soon clap cuffs on them.

When Kennedy and Scanlan returned from scouting McIntyre tried to persuade them to surrender but a gunfight broke out. Scanlan was shot, McIntyre escaped on Kennedy’s horse and Kennedy fired at the Kellys with his pistol. A bullet from Kennedy hit Dan’s shoulder as the sergeant retreated into the bush after McIntyre. Kennedy was soon killed by Ned a considerable distance from the camp. The gang looted the bodies and Dan took Scanlan’s pocket watch. The salvageable items were collected and the tent burnt as the gang escaped.

Source: Weekly Times. 16 November 1878: 17

As a result of the incident at Stringybark Creek, Ned and Dan were outlawed with a reward of £500 each. At this stage Joe and Steve were unidentified.

In December 1878 the gang re-emerged near Violet Town. They stuck up Younghusband’s Station on Faithfuls Creek in the afternoon and began herding the staff into a shed. They kept the staff as prisoners in the tool shed overnight and stole new outfits from a hawker’s wagon. That night the gang chatted with their captives, answering questions but with Ned doing most of the talking. Dan and Steve were overheard talking about how they’d like a lark with the female prisoners. In the morning the nearby telegraph poles were damaged by Ned, Joe and Steve. In the afternoon Ned, Dan and Steve headed into Euroa to rob the bank, leaving Joe on sentry at the station. The timing was meticulously arranged to coincide with a funeral that would keep the townsfolk occupied during the gang’s activities. Dan acted as a guard, standing at the rear of the bank, making sure that nobody escaped or interrupted while Ned and Steve robbed the place. Once the loot had been acquired the bushrangers headed back to the station with the bank staff and the manager’s family and servants. On the way Dan rode in the stolen hawker’s wagon and kept his gun trained on Mrs. Scott, the bank manager’s wife, who was driving a buggy alongside, in case she tried to escape or raise an alarm. The raid went off without a hitch and the gang escaped with thousands of pounds to distribute among their families and sympathisers. Before they left, Dan gave Constable Scanlan’s watch to Becroft, the hawker’s assistant, and money with which to repair it. It is unclear what the nature of the damage was.

[Source: Melbourne Punch, 19/12/1878]

In February 1879 the gang struck again at Jerilderie. They travelled over the border to answer a challenge that they wouldn’t last 24 hours in New South Wales. The gang roused the police in the middle of the night and locked them in their own cells. Mrs. Devine, the wife of the senior constable, recalled how as the gang occupied their home during their stay Dan would bounce her son on his knee but later spoke in quite a violent manner in order to make her work faster as she decorated the courthouse for mass. The gang then went through town disguised in police uniforms pretending to be reinforcements against the Kelly Gang. On the Monday Dan and Joe had their horses shod at the blacksmith and investigated the telegraph lines before the gang put their plan into full effect. Ned, Steve and Joe robbed the bank while Dan kept prisoners under control next door in the hotel. The gang had successfully managed to occupy the town for a whole weekend unmolested and rode away with thousands of pounds in unmarked notes that could not be traced. In response, the New South Wales government doubled the reward for the gang to £8000.

Dan Kelly (John Ley) helps Mrs. Devine (Anne Pendlebury) prepare the courthouse for mass in ‘The Last Outlaw’ (1980)

Upon leaving New South Wales, the gang split up to reconvene at the Byrne selection at a set date and time. Only Dan arrived on time. He stayed for dinner and questioned the Byrnes about whether the other gang members had been past. Dan seems to have had a good relationship with the Byrnes, frequently stopping by in much the same manner for a meal and a chat. Dan also seemed to be the most active gang member, being reported as having been spotted more than any other member of the Kelly Gang. It is also probable that he partook in Joe’s favourite past-time of visiting the Sebastopol opium dens for a smoke and card games.

Over the course of 1879 and early 1880, Dan and Joe Byrne tested the loyalty of the Sherritts and various other sympathisers that were suspected of turning on the gang. On 14 May, 1880, Dan paid a visit to his uncle Tom Lloyd. Lloyd’s neighbour, a police informant named Jacob Wilson, saw horses in Lloyd’s garden and began snooping. He was found behind the cow shed by the dogs and the barking roused everyone in the house. Uncle Tom sent the dog to chase the man down and he climbed up a cherry tree. Dan Kelly and cousin Tom Lloyd, who were unarmed, fetched the dog and yelled taunts to the police they assumed were nearby, before going back inside. Wilson was so terrified he stayed in the tree until morning. Incidents like this were increasingly common and the gang began to stop visiting certain people in case they were spotted.

24-A-Sherritt

More concerning to the gang however was the rumour that had been circulating that the Sherritts were in cahoots with the police, fuelled by the vicious game of “Chinese Whispers” that accounted for the gang’s bush telegraph. On one occasion Dan arrived at the Sherritt selection on Sheepstation Creek looking for Jack Sherritt, Aaron’s younger brother. When he was told Jack wasn’t home he pushed his way inside with a revolver drawn and searched for him. Dan said they wanted to speak with him. Unbeknownst to Dan, Jack was at that moment speeding away to speak to Assistant Commissioner Nicolson in a desperate attempt to seek protection. Nicolson told him to go to a local pub and use that as his alibi. It was clear to everyone that the gang was getting desperate and had cottoned on that something was up and Ned was determined to address it in his next big scheme.

In early 1880 a plan had been devised by Ned Kelly to escalate the gang’s activities. The banks were too heavily guarded to rob as they had done previously, so now they were struggling to find ways to keep their network of sympathisers on-side. The gang’s health was also deteriorating as the rigours of life on the run was wearing them down. Ned suffered sciatica and sandy blight, Joe struggled with withdrawals as his opium supply was cut off due to lack of funds, and Dan was described by one witness as looking gaunt and hollow-cheeked. Police parties were coming closer than before to catching the gang and even had the assistance of an elite team of black trackers from Queensland on top of a network of police spies and informants. Ned wanted to end the pursuit in dramatic fashion by luring a trainload of police and trackers to be derailed at Glenrowan. He sent Dan and Joe to create a commotion at Aaron Sherritt’s hut, where a team of constables had been allocated to protect him, as the bait. On Saturday 26 June, Dan and Joe kidnapped Aaron’s neighbour Anton Wick and used him to lure Aaron to his back door whereupon he was murdered by Joe with a shotgun. Dan guarded the front door in case the police that were hiding inside tried to escape. The two bushrangers then terrorised the party of constables as they cowered in the bedroom, Aaron’s mother-in-law and pregnant wife stuck between the two sides. Attempts to burn the place failed and the outlaws rode away two hours later. It would be midday the next day before any of the police were brave enough to see if they had gone. Initially Ellen Barry, the mother-in-law, stated that Dan had been quiet when entering the hut with a pistol. It was only later when attempts were being made to gain a payout from the police that she would describe him resting on the table as he looked at the murdered Sherritt with a grin.

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Aaron Sherritt’s Hut

Dan and Joe arrived at Glenrowan at around 5am on 27 June, 1880. Dan was immediately employed with tending the horses and carrying the gang’s armour into the Glenrowan Inn. Over the course of the day Dan guarded the prisoners in the inn and even initiated dancing to keep them entertained. He was seen to get intimate with Jane Jones, the publican’s daughter, she having been spotted sitting on his knee and kissing him, even being given one of his revolvers to use while she kept the prisoners at bay when Dan had to leave the room. As the weekend rolled on and the special train did not appear as expected, tensions began to rise. Multiple times during the gang’s stay at Glenrowan, Dan told Ned they should leave and argued the point only to be shouted down by his brother who was determined that they would stay and fight. The longer they waited the more difficult it became to keep the prisoners under control and the more they risked accidentally derailing a civilian train. Ned refused to heed his brother’s pleas. When Ned decided to release Thomas Curnow, the school teacher, Dan argued publicly with him as he knew Curnow could not be trusted. Curnow had spent the day trying to butter Ned up, a suspicious Dan watching like a hawk. Sure enough, when the train did appear in the early hours of 28 June, Curnow warned the police that the tracks were damaged and the gang was in Glenrowan. Just before the train arrived, Dan had told the prisoners to head home, however they were detained by Ann Jones who told them to wait for Ned to make a speech. If Dan’s instructions had not been countermanded a considerable amount of the tragedy that was to unfold could have been avoided.

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Dan Kelly’s armour [Source: Victoria Police Museum, VPM1799]

When the train arrived the gang dressed in their homemade armour and engaged in a gun battle. Ned and Joe were wounded early on and they retreated inside. Ned soon disappeared into the bush behind the inn and Dan took control of the situation, doing his best to evacuate the women and children despite the relentless firing from police. Joe was shot dead by a police bullet early in the morning and Dan and Steve became very disheartened, believing Ned had also been killed or had abandoned them. When Ned re-emerged just before 7am the remaining gang provided covering fire from the inn, but within a half hour Ned was captured and the two bushrangers were stuck in the inn surrounded by police in broad daylight. Dan had received a bullet in the leg that shattered his knee and necessitated a retreat into the inn. At 10am the rest of the prisoners were released and Dan and Steve remained inside. As the prisoners left they shook Dan’s hand.

What happened in the inn next is unknown but it is possible that Dan was struck in the neck by a bullet while his helmet was off and killed or that he took his own life by taking poison. All that is known for certain is that at 3pm the inn was burned and while it was on fire his corpse was witnessed by multiple people, in the back room still in body armour and resting on a pillow made of sacks. The body was effectively cremated in the fire and the burnt remains released to his family. Later, Dr. Hutchison, a medic who had been called up to assist during the siege, retrieved what was believed to be Dan’s foot from the ruins and the scorched bones were handed down through the family.

Carrington_Fire_2
The bodies of Dan Kelly and Steve Hart in the Glenrowan inferno, sketched by Thomas Carrington.

Around 200 people attended the wake at Maggie Skillion‘s home, many of whom were drunk and armed. Police efforts to reclaim the bodies were scrapped in response, the risks being too high. Though there are a number of (probably deliberately) conflicting oral histories with respect to the location of the last resting place of the two outlaws, most accounts indicate Dan Kelly was buried in an unmarked double grave in Greta cemetery with Steve Hart. The location within the cemetery of the exact double grave they were interred in is a closely guarded secret in family traditions in an effort to avoid the graves being disturbed. Unfortunately, this has added fuel to the fire of conspiracy theories and in one infamous case a particularly motivated “truther” went through the cemetery plunging steel probes into grave sites hoping to prove that there were no coffins in them. When Ellen Kelly died the 1923, she was buried in an unmarked plot next to the official spot where Red Kelly’s youngest son is buried.

Somewhat grotesque depiction of the wake for Dan and Steve. Maggie Skillion stands at the door with a shotgun while an oath of vengeance is sworn over the charred corpses. Kate Kelly rests on her knees in the foreground. It was not reported who had sworn the oath in most accounts. [Source: Australasian Sketcher, 17/07/1880]

In the years after Glenrowan there were rumours that Dan and Steve had escaped to South Africa to fight in the Boer War. In 1911, novellist Ambrose Pratt, author behind the memoirs of Captain Thunderbolt’s apprentice William Monckton, published a book claiming to be the memoirs of Dan Kelly. In fact, many people claimed to be Dan Kelly over the years, most notably a tramp called James Ryan whose ridiculous attempt to cash in on the survival rumours were published in the press and convinced scores of people who lacked knowledge of basic facts of the story. Ryan’s story even inspired the utterly woeful film The Glenrowan Affair. Ryan was killed by a coal train in the 1933 and is buried in Ipswich, Queensland. In order to lure tourists, the cemetery even erected a memorial telling the story of the claimant. None of the alleged Dans ever had any solid case to back their claims up but the myths of a miraculous escape from the burning inn persist to this day.

Dan Kelly was, in most ways, at least as competent as his big brother. As a horseman, tracker and marksman, his abilities were perhaps even better. Certainly he was more ruthless than Ned, a pragmatism that some interpreted as callousness or even psychopathy. It must be remembered that the gang were wanted dead or alive (preferably dead) and mistakes could not be afforded. Dan was a much better judge of character than Ned and certainly better at performing under pressure. Even the Kelly matriarch was known to have held Dan in more regard than Ned in these measures.
Unlike his brothers, Dan was fairly successful at avoiding trouble. In fact, it is probably telling that the worst trouble in Dan’s life seemed to come from following Ned’s and Jim’s lead. Imagine how different the story would have turned out if Dan had been able to accompany Fitzpatrick as intended, before Ned and Ellen had attacked the policeman. A stint in the logs, a quick trial during which the mistaken identity could be proven and Dan could have gone home as a free man. Sadly, as in all things, life never pans out the way we think it should.

Like the Bushrangers of Old: The Kelly Gang in Jerilderie

Despite their infamy, the Kelly Gang were hardly prolific in any sense as far as bushrangers are concerned, but perhaps it’s a matter of quality over quantity. The second raid they undertook was one of the most audacious in history and definitely ranks with anything performed by the likes of Ben Hall or Dan Morgan. Yet, there are many conflicting accounts that vary in small details so creating an accurate and concise account is no small feat.

Since December 1878 the Kelly Gang had gone to ground and, despite the best efforts of the police, they had avoided capture easily. A change in police leadership saw Superintendent Hare take the reins from Superintendent Nicolson with no noticeable change in effect. The gang meanwhile were plotting. A morally dubious undertaking by the police saw scores of people arrested and imprisoned indefinitely on remand as suspected sympathisers. This no doubt put a strain on many of the poor farms in the region and would have infuriated Ned Kelly, who had already identified himself as a figurehead for the struggles of the smaller farmers against the oppressive influence of certain squatters and police.

The gang had a plan to ride across the border into New South Wales and rob a bank. The banks in Victoria had all been allocated guards since the Euroa robbery and the New South Wales police had bragged that the Kelly Gang wouldn’t last 24 hours in their colony. The gang were determined to prove them wrong. They used Joe Byrne’s best friend, Aaron Sherritt, to create a diversion by telling the police the gang were headed to Goulburn. The police fell for it and the gang were able to pass into the neighbouring colony unmolested while the police were distracted elsewhere.

On 7 February 1879 the Kelly Gang crossed the border into New South Wales. Splitting up, Dan and Steve going one way, Ned and Joe the other, they made their way into the Riverina. Ned and Joe stopped at the Woolpack Inn where they spoke and drank freely with Mary Jordan (aka Mary the Larrikin), a popular barmaid. The pair were able to glean some information about the township of Jerilderie, specifically about the police, and this helped to cement the game plan. What other shenanigans they got up to at the Woolpack Inn one can leave up to their imagination.

On the 8 February the gang moved into the township of Jerilderie. It was a town primarily concerned with agriculture and pastoral industry, flat and close to Billabong Creek. At midnight they approached the police station. Inside Senior Constable George Devine and Constable Henry Richards were just settling into bed. Mrs. Devine, who was pregnant at the time, had related to her husband that she had had a dream that the Kelly Gang were there but the annoyed husband dismissed it as rot. Suddenly there was a racket outside. “Devine, Richards, come out! There’s been a row at the hotel!”

Snr Const. Devine [Source: The Daily News, 20/05/1926, p.1]

When the police exited the building they were greeted with the Kelly Gang brandishing revolvers. The gang had split up to cover the front and rear and they closed in on the shocked officers. The troopers were taken prisoner then locked in the cell behind the station usually reserved for drunks and freshly arrested criminals. Mrs. Devine and her children were kept in the sitting room. Mrs. Devine was then sent to gather the firearms in the house. She begged Ned not to harm the men. Ned stated that if they didn’t misbehave then they would be unharmed. While Dan and Steve stabled the horses Mrs. Devine prepared a supper. When she moved to shift a bath full of water Ned refused to allow her to and did it himself, recognising that she was pregnant and in no condition for heavy lifting. In the early hours the gang took turns to rest and guard the others.

The following morning the gang set about putting the rest of the plan into action. The police ate breakfast with the bushrangers and then Ned and Dan dressed in police uniforms. Mrs. Devine expressed that she was scheduled to decorate the courthouse for mass and Ned, realising that her absence could arouse suspicion, allowed her to go, but she was accompanied there and guarded closely. Shortly after her return she accepted a delivery from the butcher, watched closely by Steve Hart and Ned Kelly.

Ned and Steve dressed in police uniforms to patrol the town, escorting Constable Richards and learning the lay of the land. Everyone assumed these new constables were reinforcements against the Kelly Gang. Mrs. Devine was guarded in the house with her husband by Dan and Joe.

A photolithograph of the town’s layout was procured and Ned and Joe plotted their exact movements for the following day. It was a remarkably domestic scene with Mrs. Devine bustling about doing chores while the outlaws made plans. Dan sat attentively and bounced one of the children merrily on his knee. Joe wrote a joke on the back of the photolithograph:

Q. Why are the Kellys the greatest matchmakers in the country?

A. Because they brought loads of ladies to Younghusbands (station), Euroa, Victoria.

As the night wound on Joe rode back to the Woolpack Inn and stayed there having a grand old time with Mary the Larrikin, until midnight when he was so sozzled Mary had to help him onto his horse. Meanwhile Ned had read a portion of the letter he and Joe had been writing to Mrs. Devine but it had all gone in one ear and out the other, her continued anxiety over the welfare of her family too dominant in her mind to pay attention.

Mrs. Devine [Source: The Daily News, 20/05/1926, p.1]

On Monday the 9th, the raid was put into action. The gang rode into town early and Dan and Joe, dressed as troopers, took their horses Rea’s blacksmith shop. They had the horses shod by blacksmith Andrew Nixon (all charged to the government account, naturally) and Joe left a loaf of bread. Next, Dan and Joe examined the telegraph wires that ran through town and noted them for later. Ned and Dan escorted Constable Richards through the streets with Joe and Steve riding behind on their horses. Ned and Dan ordered Richards to introduce them to Cox, the publican at the Royal Hotel. Ned informed Cox that his hotel was to be a prison for the day, but that if there was compliance there would be no bloodshed. Cox made the sensible choice to co-operate. Joe and Steve were placed in the front room, Dan on guard in the bar. As people entered the building they were bailed up.

Over the course of the day prisoners were rounded up and installed at the Royal Hotel where they were guarded by Dan Kelly, who remained in a police uniform. The gang had surmised that people are more likely to be compliant if you give them free booze. The hotel was connected to the bank by a walkway at the rear. It was not uncommon for drunks to go ambling in the back door of the bank, and with this in mind Joe began to pretend to be intoxicated as he wandered across the walkway into the bank. The bank staff were not alarmed by his intrusion but rethought their opinion when Byrne drew a pistol and stated “I’m a Kelly, bail up!”

Joe was soon joined by Ned and Steve. The till was emptied of just under £700 but Ned was not satisfied. “You must have at least £10,000!” he shouted. Edwin Living, the accountant, maintained that there was no more. Living was in his mid-twenties and spoke with a slight stammer. Just as Robert Scott had done at Euroa months earlier, Living was doing all he could to delay and misdirect the bushrangers. Not believing a word of it Ned located a locked treasure drawer. In order to open the treasure drawer the manager’s key was required. Joe suggested using a sledgehammer to get it open. Tarleton, the bank manager, had only just returned from a trip and was having a bath when Steve Hart burst in waving a revolver. The key was soon liberated. Steve was ordered to keep watch over the manager while he dressed and the cash was liberated, in all just over £2000. In the meantime, William Elliott the school teacher had wandered in and been bailed up by Joe Byrne. Ned told Elliot to return to the school and let the children go home as he was declaring a holiday in honour of the gang’s visit. Tarleton soon emerged freshly washed and dressed in a silk coat and smoking cap. The situation was one of great peril but no peril was too great to prevent him from indulging in selecting his finest haute couture for the occasion, it would seem.

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The bank robbery as depicted in The Last Outlaw (1980)

Ned located a strongbox and while rummaging through it Ned came across the bank’s collection of mortgage papers, deeds and books. He decided that destroying the records of the bank’s debtors was a far more virtuous action than merely robbing the bank and announced his intention to burn the records. Edwin Living was permitted to rescue his life insurance policy. The documents were soon burned.

A trio of locals wandered into the bank at this time – the postmaster, his assistant and the newspaper editor – and caught the bushrangers in the act of robbing it. Two were seized but the third took off and kept running until he was out of town. It eventuated that this fleet-of-foot man was Gill, the newspaper editor, who Ned wanted to publish his letter. This letter was of huge significance to Ned. It was a 56 page document detailing much of his life, with emphasis on what he perceived to be injustices perpetrated against him and his family. It was his attempt to explain and justify his actions in killing three policemen and he wanted his message to be broadcast. With Gill missing the chance of Ned’s letter being published was effectively null. Edwin Living heard Ned’s grievance and offered to safe-keep the letter and forward it to Gill. Reluctantly Ned did so.

William Elliot in later life [Source: Weekly Times, 24/01/1931, p. 12]

Joe rode to the telegraph office dressed as a trooper and ordered the postmaster to dismantle the Morse key. He then examined the telegrams that had been sent that day to see if there was anything concerning.

With the bank robbed, everyone was herded into the pub. When Joe attempted to direct the hotel’s cook, a Chinese man, into the bar he was met with insolence and gave him a whack to make him compliant. With a captive audience, Ned gave a speech detailing his life, crimes and tribulations. At the conclusion of the speech drinks were had and the gang performed riding tricks in the street shouting “Hurrah, for the good old days of Morgan and Ben Hall!”

Ned set a group of townsfolk to work hacking down the telegraph poles with axes. He declared that if anyone touched the wires before the following day he’d return from robbing the Urana bank and shoot them all down like dogs. It was Ned’s typical hyperbolic, overly violent bluffing style and it worked. Many of the men continued chopping down the poles long after the gang were gone.

As they left town, Joe and Dan paired up and headed off while Ned and Steve headed to the Traveller’s Rest Hotel. There Steve Hart stole a saddle to replace his own with then bailed up Reverend Gribble and took his watch. Gribble went to Ned and expressed his distaste for Steve’s behaviour. Ned responded to the reverend’s quibble by berating Steve and forcing him to return the watch. Steve complied and Ned berated him, though it was unclear whether he was more annoyed at the act of petty theft or the fact that the watch was far less valuable that what Steve had already taken that day. Ned had another drink, conspicuously placing his revolver on the counter and announcing that anyone looking for the reward could come and grab it and shoot him if they had the guts. Ned left with another of his famous threats, this time stating that if anyone were to raise an alarm then Jerilderie would be awash in its own blood.

Once the outlaws were gone Reverend Gribble attempted to form a posse to hunt them. He was met with a mix of apathy and strong rejection. Living and Tarleton mounted up and rode to Deniliquin to raise the alarm. By the time news had filtered out it was too late to catch up with he outlaws. They had performed one of the most successful bank heists in Australian history.

In the wake of the raid Sir Henry Parkes, premier of New South Wales, committed to doubling the already hefty reward to £8000. This was the largest reward offered to date for anyone foul of the law, equating to around $2 million AUD. The guards on the banks created a massive hurdle to any future robbery plans for the gang and they disappeared for the remainder of the year. They would re-emerge in a spectacular way midway through the following year when executing a masterplan in Glenrowan. Gill never published the letter.

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