Van Diemen's Land Again; A Hunt for Bushrangers in the Mountains; Some Brutal Attacks; "Stand!" "No, thanks, I'm very Comfortable Sitting;" A Degrading Exhibition; A Determined Judge; Cash, Kavanagh, and Jones, an Enterprising Firm; The Art of Politeness as Exhibited by Bushrangers; A Bushranger Hunt in the Streets of Hobart Town; The Capture of Cash; Break Up of the Gang; A Doubtful Mercy.
For some years the roads in Van Diemen's Land had been comparatively safe, very few highway robberies being recorded, and the newspapers generally asserted that bushranging, in its worst form, had been stamped out. This assertion, however, is not altogether borne out by the evidence, and the most that can be said is that bushranging was not nearly so prevalent as in former times, and no bushranger had exercised his calling for a sufficiently long time to earn notoriety, but even this comparatively happy condition did not last very long.
The bushrangers James Regan, William Davis, James Atterill, alias Thompson, and Anthony Bankes having committed a number of depredations on the settlers, the Government resolved to make a decisive effort to capture them. Consequently, on February 21st, 1838, Captain Mackenzie, with three privates of the 21st Fusiliers, two constables of the Field Police, and two prisoner volunteers, went to Jerusalem, where he was informed by the Police Magistrate of Richmond that another house had been robbed by the bushrangers, who had retired to the Brown Mountain. A guide, well acquainted with the Tiers, was found, and the party started the following morning. They struck into the bush a short distance beyond Mr. Tomley's, and at two o'clock came to a hut where the stockman, an intelligent lad, informed them that the bushrangers had robbed his master's house on the previous night at ten o'clock, taking a horse to carry the robber Bankes, who had been wounded. The lad was taken as a guide, and led them up a ravine, which soon became too steep for the horses. They reached the summit of the Brown Mountain about dusk, but without seeing any fire or other indication of a camp. They reached Mr. Ree's house, on the Richmond side, about midnight, and returned to Jerusalem at six on Friday morning, having been marching for twenty-three hours over very rough country. After six hours' rest Captain Mackenzie took Wesley, one of Mr. Johnson's shepherds, as guide, and resumed the search. They reached Mr. Stokell's house at dusk, and approached it with great caution. Finding no one there, Captain Mackenzie left two sentries, and pushed on to Romney's, where they arrived at about half-past one. The moon was shining brightly. The hut was surrounded, and Captain Mackenzie called for three volunteers, telling the men that it was a forlorn hope, as the robbers would probably shoot two out of the three, the moonlight being so bright. The captain called on Regan by name to surrender, but received no answer. He then walked up to the window, and said to the occupant of the hut, "Tucker, you old blockhead! why don't you open the door?" There was a rattle of musketry, and the captain stepped back into the shadow of the hut. Captain Mackenzie called out to his men not to fire unless the bushrangers did, or unless they rushed out and tried to escape. Then Constable Peacock advanced to the window and looked in. Captain Mackenzie said if the door was not opened he would fire, and after waiting a minute or so told Private Cockburn to shoot, but not too low. Cockburn fired into the window when the door was opened, and a man came out. The captain cried "Lie down, or you die." "I'm Tucker," said the man, "don't shoot," and threw himself on his face. The captain went to the door and looked in, when Private Cockburn cried, "Take care, captain, the fellow is going to fire. They are all armed." This raised a cheer among the soldiers, who now knew that their men were there. Regan it appears had tried to bring his musket to bear on the captain, but could not do so without exposing himself. The captain gave the word to fire, and a volley was poured into the hut. Then the captain asked Regan to surrender, promising not to hurt him. Regan endeavoured to induce the captain to promise not to prosecute them, but he refused, saying it was more than he could do. Finally, they consented to surrender, and Atterill crawled out naked. He was tied. Regan was then called, and he refused to come out on his hands and knees, saying that he would sooner be shot than be treated like a dog. The captain told him he might walk out if he came without arms and held his hands up. He did so, and the police then went in and brought out the other two. The prisoners were handcuffed and placed in a cart. About £14, found in their clothes, and their guns and pistols, were carried in another cart. Tucker was employed by Mr. Romney and was considered the best guide in the district. The robbers had taken possession of his hut and intended to make him show them the way across the mountains on the following day. The party reached Richmond on Saturday night, and early next day the bushrangers were lodged in the gaol at Hobart Town. The prisoners were tried and convicted of several acts of bushranging, ranging from highway robbery to burglary. They were all sentenced to death, but only Regan was hung.[34] The Cornwall Chronicle said "His inquisitors were conscious that, had he been permitted to give his dying attestation to the treatment he had received from his master, it would have been so appalling and horrible as to leave the guilt of his crimes, in the estimation of an impartial public, not on his own head, but on theirs." "The Government," said the paper, "is afraid to hear the dying statements of the condemned."
On September 8th, 1840, two armed men entered the Post Office at Ross, and bailed up the post-mistress, who was also a store-keeper. They took from her about £16 in cash and a quantity of wearing apparel. A large sum of money which was enclosed in a letter ready for despatch was missed by the robbers. The police were informed and at once followed on the track of the bushrangers, but failed to arrest them. On the following evening the bushrangers went to a hut on the station of Mr. Joseph Penny, of Ashby Cottage, and tied the shepherd, telling him that if he was quiet and did as he was ordered they would not hurt him; but that if he refused to obey they would shoot him. They went to the gardener's lodge and compelled the gardener to give them some food. While they were engaged in eating a man who had previously agreed to go out opossum hunting with the shepherd called at the hut and shouted. He received no answer, the shepherd believing that the bushrangers were "trying" him. The friend knocked again and shouted, but receiving no reply went in. He was surprised to see the shepherd lying down tied and quickly untied him. The two men then went to the house and informed Mr. Penny of what was going on. Quickly arming himself and the two men Mr. Penny went to the gardener's lodge and surprised the bushrangers before they could get their pistols and guns ready. They were tied and conducted into the town, and were subsequently convicted and sent to penal servitude.
James Leverett, while driving a cart belonging to Mr. James Cox, of Clarendon, was attacked by a bushranger and brutally beaten. The bushranger struck him on the head from behind and stunned him. He stopped the horse and battered Leverett about the head. Then he searched his pockets and decamped. The constable stationed at Morven happened to pass along the road, and seeing the horse and cart standing went over to ascertain what was the matter. Finding Leverett lying in the cart insensible the constable took him to the police station and sent for a doctor. He then followed the tracks of the bushranger, but failed to find him. Another man, a servant of Mr. Stephenson, of Curramore, was beaten and robbed in a similar manner. It was said that these assaults were committed by ticket-of-leave men, who were thrown out of employment by the arrival of a large number of free immigrants.
On the 15th April, 1841, James Broomfield and Jonas Hopkins bailed up and robbed Henry Atkins, Bonney, taking seven five pound notes from him. In company with James McCallum the same two bushrangers went to the house of Thomas Bates, at Norfolk Plains, about midnight, and woke him up, demanding something to drink. Bates told them that there was plenty of water in the cask. This, however, did not satisfy them, and they broke into the kitchen. They took some flour and grain from the cask and made a damper. While this was baking they took a watch, some money, and a quantity of clothes out of the bedroom. When they had had a meal, they left with their plunder, but were followed and captured. They were convicted of robbery with firearms and were sentenced to death; their sentences were, however, commuted to imprisonment for life.
John Gunn, George Griffiths, William Lambeth, Samuel Harrison, and Thomas Hurn stuck up and robbed Daniel Downie on the 5th September, 1842, of clothing and money. They were followed by Constables Patrick Flynn and George Marsden, and a volunteer named Joseph Masson. The bushrangers were armed with a fowling-piece and a musket. They went next morning to the hut of James Thompson, and told him not to be frightened as they did not intend to hurt him. They took his money and were walking away, when the constables came up and called on them to stand. They surrendered and were taken to gaol. When they were convicted, sentence of death was recorded against each of them, but they were not hung.