On Monday, August 11th, two men went to the Golden Fleece Inn, Gammon Plains, and remained drinking till Friday. On that day the landlord, Mr. Perfrement, received his copy of the Maitland Mercury, and saw in it a list of the numbers of the bank notes recently stolen from the Singleton mail. He compared the numbers with those of the notes he had received from his two guests, and finding that some of them corresponded, he went to the police station and gave information. The inn was not a large building, but there were several out-houses and the bushrangers were in some of these. Perfrement and the police went to one of these huts at the rear of the inn and found McIntyre there. Perfrement put his hand on the bushranger's shoulder and said "You're a prisoner." "Am I," exclaimed McIntyre jumping backwards, "Come on." Constable Barker rushed in and a fierce wrestling match begun and lasted for some minutes. Then McIntyre got on top and tried to get his pistol out from his belt. Mr. Perfrement, who had snatched the other pistol from him when the wrestling first began, now threatened to shoot him if he did not surrender, but as the bushranger took no notice Perfrement endeavoured to twist the other pistol out of his hand. While this struggle was going on Barker wriggled from under the bushranger, got up, and struck him so heavily with his fist as to stun him. McIntyre lay still for several minutes before he regained consciousness, and by that time his hands were tied. His companion was found fast asleep in another hut and was easily captured. They were tried in Maitland, and McIntyre was subsequently hung, while his companion was sent to penal servitude.


[CHAPTER IX.]

Bushrangers and Pirates; Capture of H.M. Brig Cyprus by Bushrangers; A Piratical Voyage; Stealing the Schooners Edward and Waterwitch; Mutiny of Prisoners on H.M. Brig Governor Phillip at Norfolk Island; The Trial of the Mutineers at Sydney; How Captain Boyle Recaptured the Vessel.

The connection between bushranging and piracy may not at first seem very apparent, but the bushrangers stole more than one vessel, and started a career of crime on the high seas instead of on the high roads, and our story of the bushrangers would be incomplete were no reference made to thefts of vessels and boats, and their use as vehicles for robbery. It is not very surprising that so many convicts made their escapes from Macquarie Harbour, Port Arthur, and Norfolk Island, in whale boats which they stole, long as the voyages made were. The whale boat has played a conspicuous part in Australian exploration. Lieutenant Bass made his memorable voyage from Sydney, when he discovered the straits which bear his name, in a whale boat in which he started to explore the coast. Flinders and many others also made long voyages and many discoveries in whale boats; for the Pacific, the largest of the oceans of the world, however stormy it may be at times, fully deserves the name bestowed upon it by early navigators, for several months in the year. Hence a voyage in a whale boat from Norfolk Island or from Van Diemen's Land is not so dangerous as the distance to be travelled might suggest. We know that even now it is no very uncommon occurrence for convicts to steal boats and sail or row from New Caledonia to some part of the coast of Australia, and we know also that the Australians have at times entertained no very friendly feelings towards France for persisting in maintaining a penal settlement so near their shores. It is not with the capture of whale or ships' boats that we now have to deal, but with the seizure of larger vessels. In August, 1829, the Government brig Cyprus, commanded by Captain Harris, left Hobart Town for Macquarie Harbour with thirty-three convicts on board, the crew consisting of twelve, including the Commander, and there were also some soldiers under the command of Lieutenant Carew, and some women and children, numbering eleven altogether. The brig put into Research Bay on the south coast of the island, and anchored, but a gale arose and the brig was driven from her moorings, and lost her anchor and cable. She put back to Hobart Town, obtained a fresh anchor, and started again. On reaching Research Bay she was again anchored, and the anchor and cable lost a few days before were recovered. At about six in the evening, while the men on board were having supper, Lieutenant Carew, Dr. Williams, a soldier, and Popjoy (the coxswain), with two or three convicts, started in the long boat to catch some fish. They had not rowed very far when they heard shouting and some shots on board the brig, and Lieutenant Carew exclaimed: "Oh, my God! The convicts have taken the ship." They pulled back as rapidly as possible, and Carew tried to climb on board, but was threatened with a musket by one of the prisoners. When the trigger was pulled the gun flashed in the pan and Carew again tried to get on board, but was pushed back into the boat. He then asked the convicts who were clustered round to give him his wife and children, and these were passed into the boat. Mrs. Williams, her servant, and the wives of a couple of the soldiers were also put into the boat. It appears that when the long boat left there were only Captain Harris and two soldiers on deck, the rest of the crew and passengers being below at supper. Suddenly five heavily ironed prisoners made a rush, and knocked down the captain and two sentinels. Others rushed to the hatchway, and began to put the hatches on, when the soldiers and crew, fearing that they would be suffocated, agreed to surrender. They gave up their arms, and as they came on deck they were conducted to one of the boats, in which several prisoners who had had their irons taken off seated themselves at the oars. Popjoy was compelled to go on board, as it was said his services would be required for navigating the vessel. Then the captain, the lieutenant, and doctor, with the women, the soldiers, and the crew, were rowed to an island in the bay and landed. Seventeen of the prisoners were also landed, the mutineers only numbering sixteen of those on board. The boats were hoisted in, the sails lowered, and the ship got under way. But as she started Popjoy jumped overboard and swam ashore. As the brig went down the bay the men on board shouted "Hooray! the ship's our own, hooray!" The captain and others landed on the little island in the bay, with no means of reaching the mainland, suffered great hardships. For several days they had nothing but a few mussels and other shellfish which they picked up on the beach to eat. Popjoy, however, came to the rescue. He made a sort of canoe of bark and sticks, and sailed out into the open sea. Here he saw the barque Zebra, and made signals. He was taken on board, and a couple of boats with provisions were sent in to feed and bring off the fugitives. For these services Popjoy, who was a convict with a ticket-of-leave, received a free pardon. What became of the brig and its crew of mutineers was for some time a matter of conjecture. It was reported in Australia that she had been seen at Valparaiso. Then it was said that she had foundered at sea owing to the ignorance of navigation of the men on board. However, in the beginning of March, 1830, the Committee of Supercargoes at Canton were informed that four persons with a ship's boat had landed. They represented themselves as part of the crew of an English merchant vessel which had been wrecked on the China coast. The story was not believed, as no such wreck had been reported, but enquiries were made and a man calling himself William Waldon, of Sunderland, was examined. He represented himself as having been the commander of the brig Edward, which left the London Docks in December, 1828, bound for Rio de Janeiro. On his return voyage he had called at Valparaiso and the Sandwich Islands. At Japan his ship had been fired at from a battery and much damaged. He sailed for Manilla, but had to abandon the brig near Formosa, as she leaked heavily. He and the fifteen men of the crew had taken to the boats and all had been lost except himself and the three men with him. The boat bore the name:—"The Edward, of London—William Waldon." Although some doubt was still entertained the Committee arranged for the four men to be taken to England in the Charles Grant. A few days after their departure another boat with three men on board arrived at Whampoa. The leader, Huntley, represented himself as having been wrecked in the brig Edward, but said the captain's name was James Wilson and that she had left London in June, 1828, and gone straight to the Cape. When near the Ladrones he had quarrelled with Wilson and run away. As the two accounts differed so materially the former suspicions were revived and Huntley was sent home under arrest in the Killie Castle, and on the arrival of the Charles Grant in London the three men on board, John Anderson, Alexander Telford, and Charles Williams, were arrested. Waldon had landed at Margate, and thus escaped for the time, but was arrested in London a week or two later. The four men were brought up at the Thames Police Court on September 22nd, 1830, for examination, and were charged with piracy. The principal witness was Popjoy, who had returned to England on receiving his pardon. He identified Huntley as George James Davis, a convict who had been sentenced to death at Hobart Town for highway robbery, but whose sentence had been commuted to penal servitude at Macquarie Harbour. Davis was one of the leaders of the mutiny when the brig Cyprus had been seized. Alexander Stevenson, sometimes called Stevie, who now appeared as Telford, had been convicted in Glasgow in 1824, and had been reconvicted for bushranging in Australia. John Beveridge, alias Anderson, was sentenced in Perth in 1821, and was further sentenced in Hobart Town to seven years' penal servitude for having robbed Mr. Peachey. William Watts, alias George Williams, was known in Van Diemen's Land as Wattle. He ran away from a chain gang and took to the bush. He had stabbed one man and had attempted to shoot another. Of Swallow, Popjoy knew nothing, but had seen him on board the Cyprus before the mutiny. The boat which had been sent from China to England was identified by Popjoy as one belonging to the Cyprus, the names Edward and Waldon, having been painted on it since the mutiny. The prisoners were tried at the Admiralty Court, on November 4th. Popjoy, under cross-examination, admitted that he had been transported to New South Wales for horse-stealing. He had been assigned to a master, and had run away. He had received two hundred lashes at Botany Bay, but this was "only a few." He had been sent to Van Diemen's Land, and had been charged with highway robbery near Hobart Town, but had "proved his innocence." He had "buried in oblivion all the charges" made against him in the colony. He went to Macquarie Harbour in the Cyprus as a volunteer. Dr. Williams, surgeon, said that he was on board the Cyprus when she was seized by convicts in Research Bay, in August, 1829. He had gone in the long boat with Lieutenant Carew to fish, and when the boat was some distance from the brig they had heard a clashing of arms. They put back, and Lieutenant Carew tried to get on board but was repulsed, and a pistol was snapped at him. He then asked for his sword, but a convict named Ferguson, who had it, refused to give it up. When Mrs. Carew and Mrs. Williams were put into the boat, Swallow came to the side of the vessel and said, "Gentlemen, you see I'm a pressed man. I am unarmed, and surrounded by armed men." In consequence of this testimony, Swallow, alias Waldon, was acquitted, but was subsequently sent to the colony to serve his original sentence. Davis, alias Huntley, Watts, alias Williams, Stevenson, alias Telford, and Beveridge, alias Anderson, were sentenced to death.

On January 13, 1840, six bushrangers were captured at Woolnorth, near Circular Head, and were charged with having attempted to seize the schooner Edward, the property of the Circular Head Shipping Company of Launceston, Van Diemen's Land. The object with which this vessel was seized was to enable the bushrangers to escape to one of the South Sea Islands, where they intended to settle.

The schooner Waterwitch was seized at the Forth River by three bushrangers on January 27th. The robbers told the captain that they did not wish to do him or his vessel any harm, but that they were determined to go to Sealers' Cove. If he liked to take them, well and good; if not, they would take the vessel there themselves and turn her adrift. The captain agreed. He took the bushrangers to where they wished to go, and parted with them very amicably.

From time to time several small vessels disappeared, and it was supposed that their captors had succeeded in navigating them to some of the Islands, but as nothing further was ever heard of them, it is supposed that they either foundered at sea, or that if the bushrangers reached the islands, their predatory habits or brutal violence embroiled them with the natives, and they were killed in the fights which took place, but it is impossible to do more than conjecture their fate, and to speculate as to whether their acts of aggression were the cause of some of the apparently unprovoked attacks of the savages on the crews or passengers of other vessels. This subject has never been adequately investigated, and there is too little evidence available to enable us at present to do more than refer to the subject as one worthy of enquiry.

The case which attracted the most notice in Australia, perhaps, was the capture of H.M. Brig, the Governor Phillip. On October 15th, 1842, John Jones, Thomas Whelan, George Beavors, Henry Sears, Nicholas Lewis, and James Woolf, alias Mordecai, were charged in the Criminal Court, Sydney, with that they did on the 21st June, 1842, on board the brig Governor Phillip, the property of Our Sovereign Lady the Queen, assault one Charles Whitehead, with intent to murder. There was a second count charging the prisoners with piracy. The brig was lying out in the roads, at Norfolk Island, discharging cargo and taking in ballast. The prisoners were sent from the shore with a boat load of ballast and slept on board the vessel. Two of them were called up at about four a.m. to bale the boat out, and Jones asked William Harper, one of the sailors, if he could navigate? Harper replied "Yes, if I had a slate and pencil." No notice was taken of this incident at the time, but afterwards it was deemed to have been an indication that a conspiracy to seize the vessel had been formed among the prisoners. At seven o'clock the remainder of the boat's crew was called up to begin work, when Bartley Kelly rushed at one of the sentries and knocked him down with a belaying pin, while Lewis knocked down another. Then there were cries of "Jump overboard, you——" and "Throw the—— overboard and they'll tell no tales." Charles Whitehead was sergeant of the guard in charge at the time. Henry Sears struck him. It was not known whether the soldiers jumped or were thrown overboard, but one sentry who was missing had been thrown over by two of the mutineers. The noise roused the soldiers who were below and they attempted to gain the deck, but were driven back by the prisoners, who shouted "Keep down, you——, or we'll kill you." They also called for "Hot water to scald the—— soldiers." Captain Boyle, who was in command of the vessel, was in his cabin at the time when the mutiny occurred; Christopher Lucas, the second mate, being in charge of the deck. Lucas had been knocked down in the first charge, but he contrived to slip away and went to the captain's cabin and reported the mutiny. He also went to the soldiers' quarters and roused them up, but by that time the prisoners had control of the deck and prevented the soldiers from ascending the hatch gangway. Lucas had received several very severe blows on the head with belaying pins and had been left for dead. The captain also tried to mount the gangway but did not succeed. He then went to the men's quarters and ordered the carpenter to cut away the fore and aft piece of the hatchway which the mutineers had closed. By this means he was enabled to raise the hatch slightly and shot a prisoner named Moore. Bartley Kelly had also been severely wounded by one of the sentries and was unable to rise. Another prisoner named McLean came to the hatchway and told Captain Boyle that if he would consent to leave the brig with the soldiers they would all be put on shore. The captain refused. McLean then told him to give up his arms. The captain fired at him by way of reply and McLean fell dead. The death of the leaders seemed to have a depressing effect on the other mutineers. Beavors asked the captain "for God's sake" not to fire any more. Encouraged by this appeal for mercy, Captain Boyle forced the hatchway open and went on deck, followed by the soldiers, and the mutineers, having lost their leaders, surrendered. The vessel was under the control of the mutineers for about a quarter of an hour. Beavors, alias Berry, and Jones, alias Jack the Lagger, were the least active of the mutineers. It was Sears who had struck Whitehead, the sergeant of the guard, immediately after Whitehead had shot Kelly. Kelly died from his wound the following day, but Whitehead recovered, although, at one time, his life was despaired of. The brig was 180 tons burden, and there were on board eighteen men, including an officer and eleven men of the 96th regiment. The Chief Justice, Sir James Dowling, before whom the case was tried, said that had Sergeant Whitehead died he could have held out no hopes for the prisoners. The jury which had found them guilty had recommended them to mercy, and he agreed in that recommendation for all except Henry Sears. It was his duty to pronounce the death sentence, but with the exception named he would not deprive them of hope. As a result Sears was hung, while the sentences on the other prisoners were commuted to penal servitude for life.