The coolness with which this robber had acted throughout induced the belief among the public that he was no common amateur bushranger, but a member of the Gardiner gang. In fact it was said that he was no other than Johnny Gilbert himself. The Goulburn Chronicle reported about this time that Gardiner and his gang had paid a visit to the Muswellbrook district, and suggested that one of them had committed this robbery on the way back to their own district. This, however, was disproved later, and it was then believed that the robber was one of the numerous young men who "turned out" with the intention of joining the gang and endeavoured to do something on the road to prove themselves worthy of being accepted as comrades by the redoubtable bushrangers. It was the custom of the time to attribute all highway robberies to Gardiner and his gang, but it is doubtful whether any of those recorded in this chapter so far were perpetrated by actual members of the gang. It was a time of intense excitement, and many of the more or less criminally disposed among the youth of the colony felt themselves impelled to take to the road and rob somebody. Some of these were captured; others were disillusionised and went back to their farms; while others either did join the gang or continued bushranging as independent parties. The next story, published a few days later, was that of the sticking up of the Mudgee mail on the Bathurst-Sydney Road, near the Big Hill, about sixteen miles from Bowenfels. Mr. Henry Edward Kater, manager of the local branch of the Australian Joint Stock Bank, was a passenger, and he had with him £5000 worth of old notes, which he was taking to Sydney to be destroyed at the head office of the bank. The bushrangers had received notice from some source that these notes were on the coach, and asked for them. Mr. Kater replied that they were valueless, as the numbers had been cancelled. "Never mind," replied the bushranger. "We can make a bonfire of them as well as you can." Mr. Kater declined to give them up, and stooped down. The bushranger immediately ordered him to "sit up straight and not try to come Robert Lowe on them," or he would be sorry for it. This, of course, was an allusion to the recent shooting of the man Heather by Mr. Lowe, as already related. Mrs. Smith, wife of a publican at Ben Bullen, who was a passenger on the coach, was very much alarmed. She was seated beside Mr. Kater, and screamed loudly. She had £200 in her pocket. The robber told her to get down and stand aside, adding, "We don't rob women." She was only too glad to obey. She sat down on a log beside the road. The other passengers were then ordered to dismount, and were eased of their valuables. When this duty had been discharged the robbers departed, one of them turning back to request Mr. Kater to ask Captain Norton whether "his spurs were getting rusty." The robbers were well-dressed and splendidly mounted. No doubt was entertained anywhere that they belonged to Gardiner's gang. A reward of £500 was offered by the Joint Stock Bank for the recovery of the cancelled notes.
In recording the principal robberies committed at this time by bushrangers who were not known certainly to belong to the gang, I have necessarily omitted to mention the robberies effected by the gang itself. It is now, therefore, time to return to the beginning of the year and take up the history of the gang itself. On New Year's Day, 1863, races were being held at Brisbane Valley on the Fish River, when Frederick Lowry and John Foley made a daring attempt to stick up the crowd, numbering more than one hundred persons. A man named Foran refused to be tied when called on to come out and was immediately shot by Lowry. Although he was wounded in the lungs Foran rushed forward and grappled with Lowry. Several other men came to his assistance, and Lowry was overpowered, while Foley, who had been engaged in tying the men, jumped on his horse and got away. Lowry was locked up in a room behind the bar of the publican's booth, but the booth was a mere shell, and he contrived to escape before the police came.
On February 27th Mr. Cirkel, publican at Stony Creek, Burrangong, was called out of his house and shot dead, after having been accused of having given information to the police. It was said that the men who committed this crime were Gardiner, Gilbert, O'Meally, and another whose name was not known. O'Meally was said to have fired the fatal shot. The party of bushrangers rode on to Mr. Myers Solomon's store at the "Big Wombat." Mr. Solomon, seeing them coming, attempted to run away, but was followed and brought back. A lad in the store vaulted over the counter and snatched a pistol from the belt of one of the bushrangers while the dispute was going on as to whether Solomon should be shot for attempting to "betray" them to the police. Another of the bushrangers immediately put his pistol to Mrs. Solomon's head and said to the boy, "If you fire I'll blow her brains out." The boy looked undecided. The bushranger cocked his pistol and swore that if the boy did not return the weapon he had taken the woman should die. The boy then stepped forward, laid the revolver on the counter, and said, "If it wasn't for Mrs. Solomon I'd stop your—— run anyhow." He was immediately knocked down and kicked.
The Lachlan Observer of March 5th reported that Mr. Inspector Norton, who had recently relieved Sir Frederick Pottinger as head of the police force in the district, had been captured by the bushrangers. Captain Norton had been in pursuit of the robbers, and was returning from a long ride through the ranges, accompanied only by a black tracker known as Billy Durgan. On Sunday, 1st instant, he came suddenly on a camp some three or four miles from Wheogo. Billy, who was riding behind leading a spare horse, saw the fire first, and shouted "Here they are." Three of the bushrangers sprang up, mounted their horses, and came towards the officer. Billy advised him to "bolt," but the captain shook his head and replied "No good, Billy. Horse too much knock up." "Mine stop it too," said Billy. O'Meally and Patrick Daly fired as they approached, and Norton returned the fire until his revolver was empty, when he said "I surrender." Daly cried "Throw down your arms," and as Norton threw away his revolver another man galloped up and fired at him. At that moment Billy, the black boy, seeing the danger Norton was in, gave a yell, jumped off his horse, and threw his empty pistol in the bushranger's face. By this plucky act Billy no doubt saved Captain Norton's life, but the bushranger turned and fired at the black. Billy, however, kicked off his boots, sprang behind a tree, and shouted "Come on, you——." O'Meally replied, "We'll wallop you, you young——, when we catch you." At which threat Billy laughed, and replied "You catchem first." Daly and the other bushranger chased him, but Billy dodged about from tree to tree with all the agility of the black, pelting sticks at them, and laughingly telling them to "come on." The bushrangers fired at him several times, but with no effect, and at length gave up the chase and returned to where O'Meally was still guarding Captain Norton. After a consultation aside the bushrangers told the captain that they had mistaken him for Trooper Holliston. They intended to "do for" the trooper the first time they caught him. They detained the captain for about three hours, treating him very civilly, and then released him.
A few days later, Daly was arrested by Sir Frederick Pottinger. He was a native of the district, under twenty years of age. When brought up and charged at the police court, Captain Norton failed to identify him, but Billy Durgan exclaimed, when called upon for his evidence: "Mine know it, Patsy Daly like it brudder." Daly was placed on trial for having, in company with others, robbed Myers Solomon, store-keeper, of property, including money, horses, guns, revolvers, clothing, food, &c., to a large amount. George Johnson identified Daly as the man who had knocked the boy down and kicked him when he placed the revolver on the counter. Johnson called Daly a coward, and was told to keep quiet unless he wanted his "—— brains blown out." Johnson replied: "I'd like to meet you man to man fairly." Another of the bushrangers asked: "Will you stand up and fight me if I give you a pistol?" Johnson replied, "Yes," and stepped forward. The third bushranger, however, ordered him back, and told his mates to "quit fooling." Johnson and the other men in the store were then made to lie on their faces, with a bushranger over them on guard, while the other bushrangers selected what they wanted, packed it in bundles, and strapped it on the pack horses. While thus employed, the bushranger who had challenged Johnson kicked him in the ribs savagely, and told him to keep still. The other persons present gave their versions of the occurrence, but they differed little from what has been recorded above. Daly was convicted, and was sentenced to fifteen years' penal servitude.
On March 30th, two men called at James Brown's hut at Wallenbeen and asked for something to eat. Brown told his wife to give them some breakfast. It may be necessary to remark that such hospitality is common in Australia. Having eaten as much as they required, the travellers demanded Brown's hat and boots. After some dispute these were handed over. The boots were too small, and the man who wanted them took out his pocket-knife to cut them, when his mate said, "Oh, come on; we'll get plenty at McKay's." They left the boots, went out, mounted their horses, and rode away. They had only gone a few yards when they met Mr. Barnes, a store-keeper at Cootamundra, and his assistant, Mr. Hanlow, who was in charge of a branch store at Murrumburrah. The travellers ordered Barnes to "bail up." Barnes said, "I know you, O'Meally," and O'Meally replied, "I know you, you——. Get off that horse; I want him." Barnes wheeled his horse round and galloped away, and O'Meally followed. They galloped round the hill, back past the stockyard, and then down the gully out of sight among the trees. In the meantime, Hanlow was conducted by the other bushranger off the road to the stockyard, where they were soon joined by O'Meally. "Where's Mr. Barnes?" asked Hanlow, as the robber rode up. "Down there," replied O'Meally nonchalantly, pointing down the gully. "You haven't shot him?" inquired Hanlow anxiously. "Oh, no," replied the bushranger coolly, "he hit himself against a tree and tumbled off." Mr. Alexander McKay, the squatter who owned the stockyard, and whose house was not far away, had heard the galloping and shouting, and went on to the verandah of his house to ascertain the cause of the noise. It was then about half-past eleven a.m., and the day was Sunday. He saw one man chasing another, and thought it was a trooper after a bushranger. He watched them gallop down the gully, and saw the one he took to be a trooper shoot the other, and then wheel his horse round and gallop back without waiting to see whether the man who had fallen off his horse was dead or not. As O'Meally came nearer McKay recognised him, and his suspicions were aroused. He started to walk down the gully to the wounded man, when he was stopped by O'Meally who ordered him to go back and open the store, adding, "I want some boots and clothes for my mate. He lost his in a brush with the traps." Mr. McKay went to the store and gave O'Meally the things he had asked for. The bushranger then said he wanted fresh horses. McKay replied that the horses were never brought in on a Sunday and therefore he could not get them. "Ah," said O'Meally, "I had Chance from you. He was a good 'un. Well, I'll come some other time and get one." The bushrangers then went away and McKay and Hanlow walked down the gully to where Barnes was lying. They found that he was quite dead, and sent word to the nearest police station. An inquest was held next day, and a verdict of wilful murder was returned against O'Meally and another man whose name was unknown.
A day or two later Mr. Frank was riding from Lambing Flat (Burrangong) to Yass, when he was stopped by seven men whose faces were hidden by black crape veils. They ordered him to "shell out." "I've only thirty bob, boys," he replied. One of the robbers said "Oh, keep it. You'll want that to take you home again." Some of the others said that they knew him and he wasn't "a bad sort," so he could go. They asked him if he had seen any police on the road, and added that they wished to "meet the—— traps." After several minutes spent in conversation they rode off and Mr. Frank continued his journey.
Shortly after this Constables McDonald, Lee, and Nicholls traced John Foley to Mackay's Hotel, Campbell's River, with the aid of a black tracker. McDonald pushed the door of the bedroom in which he was told Foley had been sleeping, but the man inside leaned heavily against it to prevent it from being opened. After a struggle McDonald forced his revolver through the opening and fired round the corner. He did not hit the man inside, but the shot forced him to give way a little. The constable said, "Come along, Foley. We've got you. You can't get away." After a moment's pause Foley replied, "All right. Don't shoot." He stepped back and the door swung open. The police rushed in and handcuffed him. He was taken to Bathurst, where he was charged with having looted Mrs. Anne Webb's store at Mutton Falls, and with having aided and abetted other bushrangers in several robberies on the highway and elsewhere. During the trial it was noticed that Mrs. Foley, the prisoner's mother, was passing in and out of the court and communicating with the witnesses who had been ordered out of court. She was cautioned, but as she persisted in spite of the efforts of the police, she was ordered to be locked up for contempt of court. Timothy Foley, a brother of the accused, was also committed for contempt of court, and was threatened with prosecution for perjury for his attempts to prove an alibi. The prisoner was convicted and was sentenced to fifteen years' imprisonment, the first three years in irons. Another brother, Francis Foley, was sentenced at the same sessions to ten years' imprisonment for having raided the Chinese Camp at Campbell's River. Henry Gibson was also arraigned for bushranging. He admitted that he had been overseer on Ben Hall's station, but denied that he had ever joined Gardiner's gang. He was acquitted by the jury, and the verdict was received with some applause. As soon as order had been restored, the judge remarked that it would perhaps add to the general satisfaction if he informed the court that the prisoner would not go free in spite of his acquittal. He had before him a document which proved that the prisoner was an escaped convict from Victoria, and would therefore be detained until he could be returned to that colony to finish his sentence.
Hitherto the gang had continued to be known as "Gardiner's Gang," although it had been repeatedly asserted in the press that Gardiner had taken no share in the later robberies, and that in fact he had retired from "the profession" several months ago. It was said that notwithstanding the vigilance of the police, Gardiner had succeeded in escaping from New South Wales, taking with him the wife of a respectable farmer in the Burrangong district named Brown. The reports, however, were very contradictory. Sometimes it was said that he had gone to New Zealand. Then that he had made his way to California or to South America. In the meantime the gang continued to be as active as ever under the leadership of Johnny Gilbert and Ben Hall.