Spotlight: Ben Hall’s Bizarre Bushranging Battle

Canberra Times (ACT : 1926 – 1995), Sunday 20 August 1989, page 18


Ben Hall’s bizarre bushranging battle


By ROBERT WILLSON

IT WAS late afternoon on October 24, 1863, when Commissioner Henry Keightley of Dunn’s Plains, south of Bathurst, saw five men riding along a fence line towards his homestead.

At first he thought the armed riders were police hunting the bush for the Ben Hall gang.

With him was his guest Dr Pechey, the medical officer from the nearby village of Rockley.

But Keightley, who was assistant gold commissioner in the district, discovered his mistake when the five riders fanned out, shouted “Bail Up!” and opened fire. The five were Hall, Gilbert, O’Meally, Vane and Burke.

Keightley and Pechey dived for cover in the doorway of the homestead while bullets splintered the woodwork around them. These were the opening shots in what became one of the most dramatic and bizarre battles in the history of NSW bushranging.

Keightley was said to be a handsome man of great courage and the basis of the character “Mr Knightly” in Boldrewood’s Robbery Under Arms. He had served as an officer in the First Sydney Rifles and had strongly supported the police in the war against the Hall gang, declaring that if he encountered them he would fight them to the death, without mercy.

The evening before the battle he had entertained a party of police at dinner and, as the bushrangers later admitted, they had been watching his Dunn’s Plains property from a hideout during the night. Apparently they decided to accept his challenge and make war on Keightley. With Keightley in his home that night was his wife, Caroline, the attractive daughter of Henry Rotton, a wealthy local landowner and member of Parliament. Also there was Dr Pechey, Lily Rotton aged four years, (Mrs Keightley’s half-sister), and Mrs Baldock who was a general household servant.

Keightley had been half expecting such an attack and had taken care to have loaded weapons ready. But the bushrangers caught him by surprise and most of the weapons were in an outhouse, approachable only under fire. In the crisis he could only get hold of a revolver and a double-barrelled gun of which only one barrel was loaded.

As the battle raged the family locked and barricaded the homestead as best they could. In the excitement no one missed little Lily and the little girl found herself locked out. She wandered about among the bushrangers while the firing continued but came to no harm.

Fire briskly returned

Keightley and Pechey briskly returned the fire while the attackers formed a circle around the homestead and kept under cover as much as possible.

As the siege settled down young Micky Burke showed more courage than the others. He crept up at the side of the house and, using a large barrel for cover, would swing his arm out and loose a shot at the doorway from time to time.

Sheltering in the doorway Keightley saw this action and waited his chance. He had one barrel of his shotgun ready and, when Burke, growing overconfident, exposed his body for a moment, Keightley fired. Micky Burke took the blast in the stomach. Those inside caught a glimpse of him as he reeled and staggered and then slumped against the house. Keightley heard him groan: “I’m done for. I won’t be taken alive.” With the last of his waning strength he levelled a revolver at his own head and fired twice. He fell to the ground, critically wounded but still alive.

Keightley and Pechey continued to return the attacking fire, but without much luck. From their various hideouts some of the other members of the gang may not have been aware that Burke was critically wounded and dying. By now darkness was closing in and Keightley apparently decided that he would have a better chance of seeing his targets from a fortified observation post he had built on the roof of the homestead.

He and Pechey raced outside and scrambled up a ladder, while exposed to a wave of shots, one of which pierced his hat. The bushrangers fired about 20 shots at the loft. Gilbert yelled to the two men to come down and Hall shouted that the gang would fire the homestead and burn them out.

Keightley must have believed them and he had a horrifying vision of his wife and family trapped inside the burning house. It must have been a bitter decision for him but he called out that he would surrender if they did not harm his family.

When the two men reached the ground the bushrangers emerged from their hiding places.

Now they discovered the body of Burke, lying near the corner of the homestead. Vane, who was Burke’s mate, rushed up to Dr Pechey and apparently mistook him for Keightley. In a fit of rage at the shooting of his mate he struck the doctor on the head with the butt of his revolver and felled him to the ground.

At this moment there was a sudden distraction when some men from the neighbouring property, attracted by the sounds of gunfire, rode up to the homestead. Hall rode up to them and bailed them up at gunpoint, and escorted them to the house.

In the half light a dramatic sight confronted them. On the ground was the body of Burke, critically wounded but still showing signs of life. Keightley was sitting on the well frame under sentence of execution. Vane was standing over him with the weapon that had been used to shoot Burke. He was saying doggedly that the gun that had shot his mate must now be used to take the life of the man who had shot him. When Vane finished reloading he threw the weapon over his arm and ordered Keightley to follow him down to the paddock out of sight of the others.

At this point Caroline Keightley, in frantic fear, rushed up to Ben Hall and grabbed him by the coat collar.

In her anguish she cried out to Hall: “I know you are Hall and they say you are the most humane, respectable and best of them all. for God’s sake don’t let them murder my husband — save his life!” Hall and Gilbert appeared to be moved by this plea and Hall called out to Vane to desist.

A bitter and emotional parley followed. Vane, supported by O’Meally, wanted to execute Keightley. Hall and Gilbert pointed out that Keightley would be able to claim the £500 reward for the shooting of Burke.

Deadline for ransom

So they decided to set a ransom on Keightley and to ask that amount for sparing his life. They set a deadline of 2pm on the following day, Sunday, for payment of the ransom.

At this point Dr Pechey, stalling for time, examined the body of Burke and detected signs of life, though he was critically wounded. Eventually the rest of the gang allowed him to ride into Rockley to get his instruments and see if he could do anything for their mate.

While they waited Pechey’s return the rest of the gang went into the homestead and Caroline Keightley served them spirits and wine which they forced her to taste first to show that it was not drugged. They admitted in conversation that they had been twitting Burke with want of courage and had driven him to prove himself. When the doctor returned he pronounced Burke dead. Arrangements were now completed for the first ransom demand in Australian history.

The gang took Keightley to a rocky outcrop called Dog Rocks, nearby. From this strong position they could watch and wait the return of Caroline Keightley and the doctor with the ransom money. They said that they would shoot Keightley if any rescue attempt was made.

Pechey and Caroline Keightley now set off on the long buggy ride in the darkness to Bathurst, taking little Lily with them.

About 3am they reached the sleeping town and Caroline desperately hammered on the door of her father’s home.

She told Henry Rotton what had happened and that her husband’s life depended on the ransom being paid.

As it happened Henry Rotton was one of the few men with the influence to obtain such a large sum early on a Sunday morning. About 4am the manager of the Commercial Bank was dragged from his bed and the business of assembling the necessary banknotes was undertaken.

Rotton carefully marked and recorded the numbers of the notes in case they later turned up. Caroline Keightley remained in Bathurst but the exhausted doctor and Henry Rotton returned in the buggy to Dunn’s Plains with the ransom money. The money was handed over and Henry Keightley was finally released after his long ordeal.

The Gilbert-Hall Gang: An Overview

Beyond the Kelly Gang, only one other bushranging gang has truly cemented its place in the culture of Australia so firmly to become synonymous with bushranging. The early 1860s belonged to a rotating roster of brigands that operated mostly on the Lachlan Plains and came to be known popularly (for reasons that will become apparent) under the name of Ben Hall, though the contemporary press preferred to take their nomenclature for the gang from it’s most prominent figure, Johnny Gilbert. They were said to have committed hundreds of crimes ranging from robbery to murder. The following is not a detailed account of their career as the sheer scale of their depredations makes for heavy reading, but rather it is a summary of the career of the most legendary bushranging gang of the 1860s.

The origins of the Hall Gang are quite ephemeral. There was no definitive incident that forged the gang as it would come to be known, rather it evolved from the vestiges of other gangs. The one element that brought the key players together was the Prince of Tobymen, Frank Gardiner. Gardiner had been on the run after violating his ticket of leave, and after having worked the roads with companions such as The Three Jacks and John Peisley, he decided to set his sights on a bigger score than what mail coaches could yield. Gardiner wanted to have a crack at the escorts taking the gold from the diggings. He soon realised to do so he would need a lot more men to help him out. So in 1861 Gardiner began forming a gang to help him rob the Orange gold escort. This would become a defining moment for the core members of what would eventually become the Gilbert-Hall Gang.

The gang Gardiner had formed consisted of Johnny Gilbert, the flash Canadian who had been his off-sider on and off during his time in the bush; John O’Meally, a volatile Australian-born who had proven to be a reliable and enthusiastic underling; Charlie Gilbert; Henry Manns; Alex Fordyce; John Bow; and Patsy Daley. These men were to be the shock troops who would attack the escort but Gardiner needed more assistance. To hold the horses and scout he had Jack “The Warrigal” Walsh, the teenage brother of his lover, Kitty Brown. It was also rumoured that among those helping to look after the horses was a young stockman named Ben Hall and his brother-in-law John Maguire, who had turned to crime as a way of getting easy money to counter the hardships of farming life.

Ben Hall in more lawful times.

On 15 June, 1862, the Gardiner gang bailed up two bullock teams near Eugowra Rocks. They tied up the teamsters and left the drays on the road to act as a blockade. The bushrangers were disguised with their faces masked or blackened. When the wagon came up the road from the Lachlan diggings, it was forced to stop because of the blockage. As it did, Gardiner emerged and the gang opened fire and riddled the coach with bullets, injuring two of the police. Sergeant Condell was shot in the ribs, while Constable Moran was shot in the testicles. The horses were spooked and bolted, causing the wagon to strike a boulder and topple, flinging the driver and police across the road. Once the victims had escaped, the gang descended upon the wreckage and picked it clean, stealing around £6000 worth of gold and cash.

The booty was split among the bushrangers but the celebrations were short-lived as police led by Sir Frederick Pottinger soon found the gang’s hideout. Their sudden arrival forced the bushrangers to split up. Gardiner and Walsh narrowly avoided capture, but lost their share of the gold when their over-burdened packhorse was seized. The bushrangers tried to hide their booty and keep quiet but the police were quick to make arrests. Charlie Gilbert and Henry Manns were captured by Pottinger but rescued by Johnny Gilbert and Frank Gardiner. Manns set off alone and was soon recaptured. Bow and Fordyce were arrested as were Ben Hall, John Maguire and Daniel Charters, an associate of theirs. The Gilbert brothers successfully managed to escape to New Zealand to lie low. Gardiner took Kitty Brown with him and escaped New South Wales, eventually being arrested at Apis Creek in Queensland.

When Johnny Gilbert returned from abroad he started bushranging with a number of off-siders including Fred Lowry. As each of them left, John O’Meally was the only one who remained. The pair did not exactly like each other but it was a marriage of convenience that allowed them both to enjoy the lawless adventure they craved.

When Hall got out of remand he had a chip on his shoulder. He promptly found his way to Johnny Gilbert and John O’Meally and joined them in bushranging. The trio hit the highways with considerable success. Nobody was safe and the police could not catch up to them. Eventually they decided that they needed extra help as their operation became more prolific.

In 1863, the gang recruited John Vane to source horses for them. Vane and his cousin Mickey Burke acted as scouts for the gang but soon managed to become fully fledged members. Vane was a tall, quiet young man who was a fearless rider and a skilled bushman but not as ruthless as the others. Burke was young and feisty; itching to go on the adventure of bushranging but not keen to use violence willingly. This latter quality seemed to make him a target for bullying.

In late September, 1863, the gang began a spree of lawlessness that caused a stir throughout the colony. On 22 September they bailed up three troopers and stole their weapons and uniforms. The next day, the gang bailed up Hosie’s store dressed as police. The gang took supplies and stole all of Hosie’s sweets. It was not the first time the gang had robbed him.

On 26 September they raided John Loudon’s house at Grubbenbong dressed in their stolen police uniforms. They went through the building in search of police they believed were staying there. The search turned up nothing but the gang bragged that if any troopers came after them, they would handcuff them and march them back to Carcoar. They forced Loudon’s wife to prepare food for them. Once they were satisfied, the gang left.

The following day the bushrangers, still in their stolen uniforms, went to William Rothery’s Cliefden Station at Limestone Creek, where they engaged in a standoff with Rothery’s staff. Rothery ordered his men to stand down and the bushrangers bailed up the household, ate lunch, drank champagne then played piano. As with their visit to Grubbenbong, they left quietly after having their fill. They moved on to the township of Canowindra. They robbed Pierce’s store then quietly rounded up the townsfolk, including the local constable, into Robinson’s pub and held an impromptu party. The party continued into the morning and the gang left without fear of police intervention.

The success of the Canowindra raid bolstered the gang’s confidence and they set their sights on Bathurst, one of the biggest cities in colonial New South Wales. With John Vane on watch, the gang entered town at dusk on 3 October, 1863. They went to the gunsmith and looked at what he had in stock but could not find anything to their liking. They attempted to rob the jeweller but the screams of female onlookers roused attention. Suddenly Vane called out to signal the arrival of troopers. They mounted and bolted through the streets, escaping without a scratch. They took refuge in the house of a man named De Clouet, from whom they intended to steal a racehorse named Pasha, but the horse was not there. The gang were able to leave town without further incident after the search had been called off.

The gang decided to stick to what they were good at and once again headed to Canowindra. Again the townsfolk were rounded up into the pub and festivities took place. In the morning Mickey Burke proved difficult to rouse, his drinking having been rather excessive, but even though they were delayed in leaving, there was no sign of the police until long after the gang had left.

The reward for the gang was sitting at £4000 and things were becoming serious as police drew heavy criticism from the press over their inability to stop the bandits. On 24 October, 1864, they headed to the Keightley farm on Dunn’s Plains on a vendetta to take the flashness out of gold commissioner Henry Keightley. Keightley had bragged about his part in helping the police hunt the gang and his readiness to shoot them down. The bushrangers arrived at sunset whereupon they were spotted by Keightley and his friend Dr. Pechey. The bushrangers dismounted and opened fire as the men sheltered inside. There was a vicious shootout during which Mickey Burke was shot in the belly. Keightley and Pechey took refuge in a barricade that had been made on the roof but were low on weapons and ammunition. Burke refused to allow his wounding to lead him to be captured and he determined to take his own life. He shot himself in the head but only succeeded in further wounding himself. He shot himself in the head again, finally succeeding in committing suicide. John Vane was grief stricken and when Keightley and Pechey were captured he bashed Pechey with his pistol, mistaking him for Keightley, and was fully prepared to execute them in retaliation. Mrs. Keightley intervened and convinced them to hold her husband to ransom instead of murdering him. Dr. Pechey rode into town and fetched £500 – the equivalent of the reward money offered for Burke – from Mrs. Keightley’s father and returned to the farm. The bushrangers entrusted Keightley’s servants to convey Burke’s corpse to Carcoar then left.

In the wake of the tragedy tensions were high and Vane left after a fight with Gilbert. He turned himself in and was imprisoned at Darlinghurst Gaol. Once again the gang was a trio, but they were determined not to lose face. They continued to rob travellers at an alarming rate and soon heard about a magistrate named David Campbell who had been talking about his eagerness to capture the bushrangers.

On 19 November, 1863, the gang rode to Goimbla Station, where the Campbells resided. They spread out to find a way inside. O’Meally went to the back door where he was met by Campbell. O’Meally discharged his shotgun and narrowly missed Campbell’s head. O’Meally ran to the front of the house, chased by Campbell who doubled back when he saw the others. The bushrangers began firing into the house. Campbell took cover by the kitchen and his wife, Amelia, ran under fire to fetch ammunition and weapons from the drawing room. Campbell’s brother had been roused by the firing and was shot and wounded. He ran and hid in a crop field until there was a safe moment to get help. The bushrangers took cover behind a fence and O’Meally set fire to the barn. Campbell called out for the bushrangers to set his horses free but they refused out of spite and the animals were burned alive. As O’Meally stood to admire his handiwork, Campbell shot him in the neck. Hall and Gilbert dragged him to the bush on the edge of the property and propped his head up but the wound was fatal. When O’Meally died they looted his body and evacuated, leaving the grisly find for the Campbells to deal with.

Hall and Gilbert slowed down after Goimbla but found two new recruits very quickly. James “Old Man” Gordon and John Dunleavy were inducted into the gang and soon they were up to the same old tricks. The new outfit was put through the ringer when they were ambushed at the Bang Bang Hotel and engaged in a shootout with police. The bushrangers narrowly escaped but it clearly rattled Gilbert who left the gang to return to Victoria for a spell.

Hall continued on with Gordon and Dunleavy but they were hardly alike the outfit Hall was used to. During a shootout in the bush at Bundaburra, Dunleavy was injured. He surrendered himself and was soon tried and sent to Darlinghurst Gaol. Hall and Gordon continued together briefly before Gordon also split and was arrested near the Victorian border. He too was imprisoned.

Hall now faced the daunting prospect of bushranging solo. He kept a low profile, preferring to avoid confronting police or making his presence known. From time to time police would stumble upon where he had been sleeping and he would barely escape, but the lifestyle was beginning to impact on his health. Fortunately for Hall he was soon reunited with Gilbert.

Ben Hall was just as eager to recapture the glory days as Gilbert, but they knew that they needed at least one extra set of hands. Gilbert recruited John Dunn, a teenaged jockey and Gilbert’s former bush telegraph. Dunn was wanted for skipping bail and saw bushranging as a viable alternative to honest work or gaol.

John Dunn

The trio hit the roads and bailed up as many people as possible, their exploits reaching new heights of audacity with each event. At the end of 1864 the gang went to work at Black Springs near Jugiong. They bailed up scores of people travelling the road, robbed them and kept them prisoner behind a large hill while they awaited their true goal: the mail coach. The coach arrived as expected and the bandits bailed it up, but when Ben Hall spotted the police escort catching up the trio galloped away and doubled back once they had sized up the threat. All three demonstrated their incredible horse riding abilities by steering the horses with their legs while double-wielding pistols. The gun battle was frenetic and vicious. Sergeant Edmund Parry became locked in one-on-one combat with Johnny Gilbert. They exchanged fire and a bullet from Gilbert hit Parry in the back, killing him.

A dangerous precedent had now been set and the gang had become elevated from audacious highwaymen to murderers. Undeterred, the gang continued to go about their depredations. At Christmas the bushrangers visited their girlfriends, Christina MacKinnon and Peggy and Ellen Monks, and decided to have some fun at the Boxing Day ball in Binda. They bailed up a former policeman named Morriss and robbed his store before heading to the Flag Hotel. They sang, danced and drank with the patrons while Morriss plotted to take the wind out of their sails. As the night wound on Morriss managed to escape through a window and tried to set the gang’s horses loose. When Hall discovered Morriss missing, he tried to find him outside. In an act of vengeance the bushrangers and their girlfriends burned down Morriss’ store. The women were arrested for their role in the arson but not convicted.

On 26 January, 1865, the gang bailed up several travellers on the road near Collector before heading to Kimberley’s Inn. The occupants were marched outside and robbed while Hall and Gilbert raided the interior. As the local police were in the bush looking for the gang there was only one constable in town – Samuel Nelson. Nelson heard that the inn had been bailed up and set out on foot to confront the bushrangers. When he arrived there was a brief standoff between himself and John Dunn before Dunn shot him in the stomach and head, killing him.

The raid of Kimberly’s Inn as portrayed in The Legend of Ben Hall.

In response to the murders and countless other offences committed by bushrangers in the colony, the New South Wales government passed a legislation called the Felons Apprehension Act. This would render any person declared an outlaw to lose all protections of the law, and anyone could kill them without provocation and with no fear of punishment. It literally rendered the proclaimed outlaws as exempt from human society and encouraged people to treat them as vermin. The act allowed the wanted people 30 days to turn themselves over to police before being officially declared outlaws.

Things became very treacherous for the gang. Several ambushes occured where the gang narrowly escaped alive. The decision was made to do one last heist and get out of the colony before they were officially outlawed. They recruited John Dunn’s mate Daniel Ryan to help strike at a gold escort. The gang lay in wait on a stretch of road in the bush at Araluen and when the gold escort arrived they opened fire. The heist was a poor imitation of what Gardiner had masterminded and the end result was that the gold remained untouched and the gang was forced to retreat. Daniel Ryan would carry out several other robberies with the gang before disappearing from the line-up.

Back down to a trio, the gang attempted to rob a wagon full of teenage boys – the Faithful brothers. What the gang did not anticipate was that the brothers, who had been out hunting, would resist with firearms. A gunfight broke out wherein Gilbert accidentally shot his own horse and was trapped under it. The brothers succeeded in getting to safety, leaving the gang to lick their wounds.

The Faithful brothers

The gang decided the time had come to call it quits. Ben Hall took care of some business around Forbes before heading to a rendezvous with the others at Billabong Creek. Unfortunately Gilbert and Dunn had seemingly gotten spooked by teamsters they mistook for plainclothes officers and Hall decided to set up camp near the home of police informant Mick Coneley. On 5 May, 1865, Hall was ambushed as he fed his horse. He ran to escape but was shot over and over until, as he held a sapling, he died from around 30 bullet wounds, two passing through his brain. Coneley would earn £500 for selling Hall out.

The death of Ben Hall from a contemporary illustration.

Gilbert and Dunn continued to run from place to place before seeking shelter at Dunn’s grandfather John Kelly’s place near Binalong. In the wake of Hall’s death they had learned not to trust harbourers, especially as the date to turn themselves in by was rapidly approaching. Unfortunately the belief that Dunn’s family was a safe bet was another poor judgment and Kelly sold them out as well. A team of police surrounded the house and the bushrangers were forced to escape through a window. As they ran Gilbert was shot through the heart and killed. Dunn sustained a leg injury but managed to escape.

Death of Gilbert

Dunn by virtue of being the only survivor of the gang at large became the first person to be declared an outlaw in New South Wales. Rumours abounded that he had joined up with Captain Thunderbolt, but in fact he had gone into hiding on a farm under an assumed identity. He was soon discovered, however, and once again tried to escape. He shot a trooper in the leg but was himself shot in the back, the bullet lodging in his spine. He fought off the police as much as he could but the pain was too intense and he was captured.

He was taken to the lock-up in Dubbo but managed to escape despite his crippling injuries by climbing out of a window. He crawled along the ground, unable to walk from his wound, but was soon recaptured. He was tried for the murder of Constable Nelson and sentenced to death. He was hanged in Darlinghurst in January 1866. With Dunn’s death the Gilbert-Hall Gang had finally been snuffed out for good.

Even in their own lifetimes, the bushrangers who formed the roster in the gang were something akin to celebrities. They developed a reputation as daring highwaymen and folk heroes that robbed from the rich but would never molest a needy person or woman. The truth was far from this lofty ideal and the gang had its fair share of indiscriminate robberies to their name. It has been estimated by some that the gang committed hundreds of crimes in their short career. Indeed, the number of bail ups attributed to them is probably far and away the largest of any organised gang of bandits in Australian history. It was the inefficiency of the police that helped seal their reputation and turned this band of robbers into glorious rebels, rather than incorrigible ne’er-do-wells. What pushed them into this life of crime is hard to pinpoint as most members of the gang came from respectable backgrounds. Perhaps the allure of reaping the benefits of the gold rush without having to engage in the back breaking labour was just too big a temptation to refuse.