The History of Tasmania Volume II Part 12

An action in 1821 (Loane _v._ Beamont), for the recovery of a debt incurred by a prisoner of the crown a.s.signed to the defendant, ill.u.s.trated the system which then prevailed. The man in question arrived in 1813, and in 1816 he was Beamont's government man, who then by verbal agreement, and afterwards in writing, engaged to sell him a farm, near Herdsman's Cove, for 1,400, including the stock and implements of husbandry. He possessed, besides a sum of money, a considerable flock of sheep. There was nothing disguised in this transaction: the annual rental was intended to cover the purchase. The judge remarked, that the memorandum "was as good a sale upon honor as ever he saw." The suit was an instance of the strange perversion of prison discipline, which however excited no remark, and therefore could not be uncommon.

At the close of Governor Davey's administration in 1817, the population of Van Diemen's Land was 3,114, and of these 566 resided in the county of Cornwall. The convicts were slowly augmented by deportations from Sydney, and they were subject to the absolute will of the officers. It is in vain to look for systems in a community so small, and separated by so great a distance from public opinion. Management was lax or rigid, according to the temper of the moment; and no object was contemplated by those who had power, except to render its exercise subservient to their private views. Previous character had no marked influence in determining the lot: a life of crime was no barrier to indulgence, when its price could be paid: the early career of the prisoners was generally unknown.

The discipline was, indeed, often severe: lashes were administered by hundreds, and crimes or offences, were resented or forgiven, not according to rule, but circ.u.mstances. There were, however, gradations of penal banishment: as at Sydney, those separated to special punishment, were sent to Hobart Town; such as were still further implicated were forwarded to Launceston; but the dregs of all settled at George Town.

What was the character of the inhabitants of that place, may be inferred from the Commissioner's Reports. Prisoners, male and female, living in skillings, the commandant disobeying the orders of his chief, inferior officers exhibiting flagrant immorality; labor compensated by the government in a currency of rum; sold by abandoned women--who were often the depositories of stolen goods pa.s.sed from Hobart Town and Launceston.

Such was George Town at, and for some time after, this era.

The charges against the prisoners, were such as result from slavery and debas.e.m.e.nt. All crimes, of less magnitude than murder, or burglary under aggravated circ.u.mstances, were punished in a summary manner. To prosecute, was to encounter ruin: the person despoiled, while pursuing the robber, lost the remnant of his property; and, returning to his dwelling, found it wrecked and pillaged. Mechanics, and others ent.i.tled to money, were paid in rum, and its prompt consumption was the only means to secure its enjoyment. Those who earned considerable sums, were rarely richer than their neighbours.

While Governor Collins lived, some order was maintained: it was during the rule of his successor that the British standard covered a state of society, such as never before possessed the official sanction. Once or twice a month, this Governor enjoyed a carouse, to which a sea-port, in times of war, might furnish an example. Having selected a station, not far from the town, he provided for the feast: the more talented of the convicts surrounded the tent, and enlivened the entertainment with songs. Rum, in large quant.i.ties, loaded the board: first the chiefs, and then their retainers, revelled in its overflowing abundance. The gaol gang, warned by his Honor's steward of the direction the guests had taken, sometimes followed after the jovial ruler; and when the moon arose, the Governor and his attendants, of various grades, might be seen winding home together. A number of settlers, whom he had offended, refused an invitation: when time had obliterated their resentment, he invited them again: the table was covered, and the guests were seated; but at that moment, the gaol gang, facetiously called the Governor's band, and who were posted near the spot for the purpose, burst into the chamber, and swept away all the provisions. The Governor pretended to regret this termination; but consoled himself by saying, he could "get a dinner at _Stocker's_." Such was this trustee of national justice!

FOOTNOTES:

[Footnote 80: At the period above mentioned, the colony was in imminent danger of perishing from famine, in consequence of the non-arrival of store ships from England. Captain Tench, in his interesting work on New South Wales, thus describes the situation and feelings of himself and his fellow settlers:--"We had now (that is, in the beginning of 1790) been two years in the country, and thirty-two months from England, in which long period no supplies, except what had been procured from the Cape of Good Hope, had reached us. Famine was approaching with gigantic strides, and gloom and dejection overspread every countenance. Still, we were on the tiptoe of expectation. If thunder broke at a distance, or a fowling piece of louder than ordinary report resounded in the woods, '_A gun from a ship!_' was echoed on every side, and nothing but hurry and agitation prevailed. As we had removed from Botany Bay to Port Jackson, it was judged necessary to fix a party of seamen on a high cliff called South Head, at the entrance of the harbour, on which a flag was ordered to be hoisted whenever a ship might appear, which should serve as a direction to her and as a signal of approach to us. Here, on the summit of a hill, did we sweep the horizon every morning from day-light until the sun sunk, in the hope of seeing a sail. At every fleeting speck which arose from the bosom of the ocean, the heart bounded, and the telescope was lifted to the eye. If a ship appeared here, we knew that she must be bound to us; for on the sh.o.r.e of this vast ocean, the largest in the world, we were the only community which possessed the art of navigation, and languished for intercourse with civilised society. In March, vigorous measures were become necessary. The _Sirius_ was ordered to prepare for a voyage to China, but she was shortly after wrecked. On the 27th of this month, the following order was issued:--'Parole--Honor; countersign--Example. The expected supply of provisions not having yet arrived, makes it necessary to reduce the present ration, to render the mentioned allowance to every person in the settlement without distinction. Four pounds of flour, two pounds and a half of pork, and one pound and a half of rice per week.' The flour was afterwards reduced nearly one half, and the other articles in a less proportion. The pork had been salted between three and four years, and every grain of rice was a moving body. We soon left off boiling the pork, as it had become so old and dry, that it shrunk one half. We toasted it before the fire, catching the drops which fell on a slice of bread, or in a saucer of rice. The distress of the lower cla.s.ses for clothes was almost equal to their other wants. Nothing more ludicrous can be conceived than the expedients of subst.i.tuting, shifting, and patching, which ingenuity devised, to eke out wretchedness, and preserve the remains of decency.

Nor was another part of our domestic economy less whimsical. If a lucky man, who had knocked down a dinner with his gun, or caught a fish by angling, invited a neighbour to dine with him, the invitation ran, 'bring your own bread.' Even at the Governor's table this custom was constantly observed. Every man who sat down pulled his bread out of his pocket. In May, the men became much weakened from want, and they were ordered to do only as much work as their strength would permit. Rigorous justice was executed on persons detected in robbing or pilfering. A convict detected in stealing potatoes was ordered to receive 300 lashes, to be chained for six months to two other criminals, and to have his allowance of flour stopped for six months. Further, to contribute to the detection of villany, a proclamation, offering 60 pounds of flour, more tempting than the gold of Peru, was promised to any one who should apprehend a robber of garden ground. At length the bonds of misfortune began to separate, and on the evening of June 3rd, the joyful cry of '_the flag's up!_' resounded in every direction. I was sitting in my hut, musing on our fate, when a confused clamour drew my attention. I opened my door, and saw women, with children in their arms, running to and fro, with distracted looks, congratulating each other, and kissing their infants with the most pa.s.sionate and extravagant marks of fondness. I ran to a hill, where, by the a.s.sistance of a pocket gla.s.s, my hopes were realised. A brother officer was with me, but we could not speak; we wrang each other by the hand, with eyes and hearts overflowing. Finding the Governor intended to go immediately in his boat down the harbour, I begged to be of his party. As we proceeded, the object of our hopes soon appeared--a large ship, with English colors flying, working in between the heads which form the entrance to the harbour. The tumultuous state of our minds represented her in danger, and we were in agony. The weather was wet and tempestuous, but the body is delicate only when the mind is at ease. We pushed through wind and rain, the anxiety of our sensations every moment redoubling. At last we read the word _London_ on her stern. 'Pull away, my lads! she is from old England! A few strokes more, and we shall be aboard--hurrah for a belly full, and news from our friends!' Such were our exhortations to the boat's crew. A few minutes completed our wishes, and we found ourselves on board the _Lady Juliana_ transport, with 235 of our countrywomen, whom crime or misfortune had condemned to exile. She had been about eleven months on her voyage."--_Tench's Narrative._]

[Footnote 81: _Dr. Lang's History of New South Wales._]

[Footnote 82: _Bigge's Reports._]

[Footnote 83: The decision of a magistrate was not necessary, to inflict punishment. The overseer stalked about with a military cane, and was not sparing of its use. "He would walk out behind the convict-h.o.e.rs in a morning gown and morocco slippers, with a _Penang Lawyer_ hugged close under his right arm, or borne like a royal sceptre before him, plucking at every tuft as he paced about, and drumming such a tattoo upon the shoulders of the unlucky wight, whose ground was not completely chopped, and gra.s.s fairly uprooted, as made the whole brush dance with fire-flies before him!"--_Cunningham._]

[Footnote 84: "The other inhabitants of the island (Britain) still maintained themselves by pasture: they were clothed with skins of beasts; they dwelt in huts, which they reared in forests and marshes, with which the country was covered."--_Hume's History of England_, chap.

i.]

[Footnote 85: "A little wicked tailor arrives, of no use to the architectural projects of the Governor: he is turned over to a settler, who leases this sartorial Borgia his liberty for five shillings a week, and allows him to steal and snip what, when, and where he can. The nefarious needleman writes home, that he is as comfortable as a finger in a thimble: that, though a fraction only of humanity, he has several wives, and is filled every day with rum and kangaroo. This, of course, is not lost upon a shop-board, and for the saving of fifteen pence a-day (to government), the foundation of many criminal tailors is laid."--_Edinburgh Review_, 1823.]

SECTION VI.

The adventurous habits of a hunting life, favored by the early necessities of the settlement, trained the prisoners to bushranging.[86] The lawless pioneers of the settlers repeated in Tasmania the exploits once common in Great Britain, when the merry green wood was the retreat of the outlaw; and always found where the population is scanty and the government feeble: the popular names of places denote the character or tastes of their early visitors and heroes.[87] The bushrangers at first were absentees, who were soon allured or driven to theft and violence; but so early as 1808, Lemon and Brown, by systematic robbery, had excited feelings of alarm: one of these men was surprised asleep, and decapitated, at Lemon Springs, which bear his name.

The severity of corporal punishment, which prevailed at that period, when no prison more secure than a stockade had been built, induced the accused to obtain a respite by retiring to the bush. Some men of milder disposition abstained from all active violations of the law, and kept aloof from offenders of a different temper. Of a sailor, who deserted to the forest, it is said that he not only refrained from robberies, but often prevented them: he had carried to his retreat a young woman whom he professed to love, and remained for three years in his seclusion. The romance of this event was, however, extinguished at the close of their exile: the man grew prosperous, abandoned his faithful companion, and married another.

Towards the close of 1813, the daring and sanguinary violence of bushrangers, reduced the colony to the utmost distress: the settlers, generally of the lowest cla.s.s, received their plunder, and gave them notice of pursuit. Their alliance with stock-keepers, who themselves pa.s.sed rapidly, and almost naturally, from the margin of civilised to a lawless life, was well understood: nor could they readily refuse their friendship: the government, unable to afford them protection, left them no other source of safety. The division of the colonists into those who had been convicts, and those who controlled them, naturally ranged all of loose principles on the side of the outlaws. Nor was their mode of life without attractions: they were free: their daring seemed like heroism to those in bondage. They not unfrequently professed to punish severity to the prisoners, and like Robin Hood of old, to pillage the rich, that they might be generous to the poor. The course adopted by the government indicated the strength of the robbers: despairing to reduce them by force, in 1814 Macquarie tendered pardon, except for the crime of murder, to those who, within six months, should return to their duty. To give effect to this treaty, time was judged necessary for its publication; and to allow for the hesitation of the penitent, a distant day was appointed for closing the door.

This singular doc.u.ment was prepared by his Majesty's judge, who was thus himself bound in honor to its unexampled conditions; but the legal ac.u.men of the robbers soon detected the error: its effect was not only pardon for the past, but, with the exception of murder, a license to ravage the colony until the date expired. Thus, they gathered the harvest of crime, and continued their depredations to the last. Nor was another advantage foreseen, although eagerly embraced by the robbers: they almost universally submitted, and having cleared with the law, were prepared again to abscond, and risk once more the chances of the field; but if the doc.u.ment was absurd, the conduct of the local authorities was not less impolitic. The removal of men, so well acquainted with the colony and its hundred retreats, was an obvious, yet neglected, precaution: some were satisfied with their past experience, but others lost no time in returning to the bush.

For several years the settlement suffered the utmost mischief from these bands of robbers: among those celebrated for daring, for resolute resistance, and for frequent escapes, Michael Howe, a seaman, obtained the largest share of fame. Formerly in the royal navy, and afterwards owning a small coal craft, he had acquired some notion of order and command. On his arrival in Van Diemen's Land, in 1812, he was a.s.signed to Mr. Ingle, a merchant and stock-holder; but he had declared, that having served the king, he would be no man's slave, and to cast off the yoke of such subjection was, perhaps, the main object he contemplated.

Such was his pretence. Having received the benefit of the amnesty, he soon joined a gang, of which one Whitehead was the leader; among whom was a deserter of the 73rd regiment, and two aboriginal women. The settlers of New Norfolk, they deprived of all their portable property, their arms and ammunition; and shortly after, thus equipped, they burned the wheat stacks and barns of the police magistrate, Mr. Humphrey, and those of Reardon, the district constable at Pitt.w.a.ter. The following month they appeared again at New Norfolk, and pillaged the residence of Mr. Carlisle, who advising his neighbour, Mr. M'Carty, of their vicinity, induced him to arm for the protection of a vessel, the _Geordy_, which he presumed they would endeavour to capture. M'Carty, and those who were with him, coming up with the robbers, demanded their arms. They were under the cover of a large hollow tree: the settlers were thus exposed to their aim: Carlisle himself received a ball in the groin, and three slugs in the breast, and died within an hour. O'Birnie, master of the vessel, was wounded by a ball in the cheek, which perforated his tongue and lodged in his neck. The banditti now commanded instant surrender, which being refused, the firing was renewed. The settlers were compelled to abandon one of their number, who was preserved by Whitehead from the violence of his comrades. When an account of this skirmish was received, armed parties were dispatched from Hobart Town, and came closely on their track. They re-appeared at the house of Mr. Humphrey, and compelled his servants to tie the hands of each other: they then plundered whatever they found useful, destroying the rest in revenge: they had discovered handcuffs in the house. Hitherto Whitehead had been the leader; but his spite ultimately led to his destruction: he conducted his gang to the house of M'Carty, into which they wantonly fired a volley of shot: a party of the 46th regiment were lying in ambush; a brisk fire commenced, and Whitehead was mortally wounded. The darkness of the night prevented pursuit: Whitehead ran towards Howe, who, at his request, immediately cut off his head.

They had bound each other thus to provide against the recognition of a fallen companion--to deprive their pursuers of the promised reward. Howe then became the leader of the band. A party of soldiers succeeded in the capture of two who had separated from the rest: they also recovered ammunition and fire-arms, of which the settlers had been pillaged. To effect the reduction of such disturbers of the public peace, martial law was proclaimed by Lieutenant-Governor Davey--an exertion of power beyond his commission, and opposed by his only official adviser, the Deputy Judge Advocate. Macquarie promptly disallowed this interference with his authority. It was argued, that the right to declare martial law, if vested in Davey, might be claimed by any subaltern, whose distance from the central authority gave the plea of necessity. To bring the offenders to justice at all, it was first necessary to take them: when in bonds, they would cease to be dangerous, and might be forwarded to the tribunal appointed by the crown. These arguments did not prevail to stay process: a court-martial condemned to death Macguire and Burne, bushrangers, and Stephens, a perfidious stock-keeper, by whom they had been countenanced.

The movements of the robbers were rapid: they plundered the residence of Mr. David Rose, near Launceston, and escaping a diligent pursuit, they re-appeared at Bagdad, a distance of 100 miles. Their scouts had informed them that property to a large amount would be found there: their confederacy was extensive, and it was a.s.serted by Howe, that some most active in his pursuit, had been sharers in the profits of his crimes. The tone a.s.sumed by this robber, was that of an independent chief, and in the management of his men he attempted the discipline of war. They subscribed to articles, which bound them to obedience: penalties were inflicted, such as cutting and carrying wood for their fires, or even stripes. He professed the piety of a quarter-deck, and read to them the scriptures: his style and t.i.tle was "Governor of the Rangers," and he addressed the King's representative as "Governor of the Town." His taste for ceremony was once curiously exhibited: having met a traveller, he ranged his party, and called on the stranger to witness an oath, which was administered on the _Prayer Book_ by one of the gang.

The purport of their vow might be inferred from their message: they said, they could set the whole country on fire with one stick, and thrash in one night more than could be gathered in a year.

Happily for mankind, the a.s.sociation of evil men is but transient. Howe, often absent from his party, without a.s.signing reasons, awakened a suspicion: he retreated with a native girl, Mary, but was shortly after followed by soldiers. His companion was taken, and he lost his dogs, his knapsack, and arms: it is said, that he fired at the girl, because she enc.u.mbered his flight; but it was a.s.serted by himself, that he only intended to alarm, and not destroy her. She became useful to the government, by discovering the resort of the robbers, and a flock of sheep they had stolen. At length, weary of his wandering life, Howe proposed to surrender to the government. A person, who had formerly joined him in an attempt to escape in an American vessel, became the channel of communication. Howe affected to dread the violence of the settlers, who might kill him for the reward, or to prevent his disclosures; but Governor Sorell sent Captain Nairne to the place of meeting, with an a.s.surance of present safety, and intercession for his forgiveness.

Society must have been at the verge of dissolution, when letters and messages pa.s.sed between the government and an outlaw. To admit its prudence, requires a recollection, not only of the power of the robbers, but the number of their friends.[88]

The disclosures of Howe were not important, and his companions continued still a terror to the public: their losses were frequent, but they received continual accessions. They seized the boat, which carried provisions between George Town and Launceston; probably with the concurrence of the crew, several of whom joined them. They were now twenty in number, and it became necessary to unite the colony against them. The more opulent settlers were compelled to abandon their dwellings, and to take refuge in the towns. Sorell, by a spirited appeal, roused their more decided efforts to destroy the marauders: sums, subscribed by the inhabitants of Hobart Town, of eighty or one hundred guineas, were offered for their apprehension. A party of military traced them to the Black Brush, and thence to a settler's house at the Tea Tree, where they had dined. They had the advantage of position, but Geary, their leader, was slain, and several others wounded. The rain had damped the powder of the soldiers, which prevented their muskets from telling with full effect; but their success was ominous to the robbers.

Notwithstanding the character of Howe, on the plea of ill-health, he was permitted to walk abroad in charge of a constable; but whether he distrusted the promise of pardon, or preferred the license of the bush, he eluded his guard, and escaped--without, however, trusting his safety to the fidelity of his former companions. These soon met their fate: Hillier resolved to purchase his life by the sacrifice of his comrades.

At midnight, while two of them slept, he attempted their destruction: cutting the throat of one, from ear to ear, and wounding the other with his own rifle.

The bushrangers were now reduced to three: Howe, Watts, and Browne. The last, surrendered; but Watts conspired with a stock-keeper, named Drewe, to seize Howe. This man, when in charge of his master's flock, occasionally corresponded with him. They accordingly met him, at a place called Longbottom. Within one hundred yards of each other, these old companions in crime demanded, and agreed, that both should knock out the priming of their guns: they then kindled a fire. Watts threw Howe on the ground; Drewe tied his hands, and took his knives from his pocket: they then prepared breakfast. After some delay, they proceeded to Hobart Town; Watts, with his gun, walking before Howe, and Drewe behind him.

The captive disengaged his hands, and, with a knife he had concealed, stabbed Watts; and in an instant, seizing his gun, he shot Drewe dead.

Watts then expected a similar fate; he, however, reached Hobart Town, and was thence forwarded to Sydney, where he died of his wounds.

The Lieutenant-Governor, anxious to end the career of this desperate man, offered, beside the pecuniary reward, freedom and a pa.s.sage to England to any prisoner, who might succeed in his capture. Stratagems were continually devised to entrap him; but he retired into the distant parts of the wood, only appearing when hunger or lack of ammunition compelled his visits. His courage and skill made him a formidable antagonist: none would venture to face him; yet so hot was the pursuit, that he again left behind his knapsack and ammunition. He continued at large until the 21st October, 1818. Warburton, often an accomplice, became his betrayer: he enticed him to a hut, where he said that he would find supplies necessary for subsistence; and, notwithstanding his hesitation, which occasioned long delay, he was caught in the snare: having discovered the ambush, he retreated with precipitation; but was overtaken, and slain.[89]

Howe was charged with several murders, beside those here recorded. It was the fashion of the day, to admit every rumour of his cruelty. It was stated, on doubtful authority, that having quarrelled with Edwards, a comrade, respecting some plunder, he slew him; that another, Bowles, having discharged a pistol in sport near his person, suffered the same fate--that he tied the hands and feet of the offender, and shot him dead. The death of Davenport, a stockman, without much probability, was attributed to Howe: his remains were afterwards discovered, without confirming the suspicion. The relations of these men naturally led to treachery and revenge, and in the terms of their union retaliation was included. Howe kept the secret of his gang, and displayed much sympathy when his companions were sick or wounded. He was a bold outlaw, prepared to maintain his freedom at whatever cost; nor does it appear that he was wanting in those equivocal virtues, which are compatible with a life of violence and guilt. His knapsack contained a record of his dreams, written on kangaroo skin with blood; he was haunted by visions of his old companions who were dead: the subject of one, was his sister. He had made a list of seeds, vegetables, fruits, and even flowers, intended to adorn the seclusion which he contemplated. Howe's form was athletic, his countenance strongly marked; his beard of an extraordinary length, and he was dressed in the skin of kangaroo.[90]

Five years after his death, Howe's dwelling was found. The site was chosen with taste, in an open undulating country, stretching to the western mountains: the spot was secluded from observation, was covered with a large honeysuckle, and on a rise sloping to the stream. A gigantic tree, prostrate, which he used as a chopping block, was the boundary to which he permitted Warburton to approach.[91]

The privation, fatigue, and anxiety endured by the bushrangers, they have often depicted with horror. The country, dest.i.tute of indigenous fruits or herbs, afforded no safe retreat; and they were compelled to hover round the inhabited districts to obtain ammunition, even when willing to live by the chase. The increase of the settlers has long prevented protracted concealment, and multiplied the chances of capture.

Prompted by pa.s.sion, or allured by the fascination of liberty, an unbroken succession of adventurers have sought shelter in the bush, and pa.s.sed through the miseries of a vagrant life; but their suppression has usually been easy, and for years the penalty of their crimes certain.

In the progress of these memorials, allusions to bushrangers must occur; but the records of crime are disgusting. The Italian robber tinged his adventure with romance; the Spanish bandit was often a soldier, and a partisan; but the wandering thieves of Tasmania were not less uncouth than violent--hateful for their debas.e.m.e.nt, as well as terrible for their cruelty. They can rarely be objects of interest, save when points in their career ill.u.s.trate principles, or exhibit traits in contrast with their ordinary course. It may be proper to notice instances of courage, of constancy, or of unusual suffering: they may set forth the social state out of which they have arisen, and thus the operation of systems; but who would delight to read the dull details of wickedness which crowd the annals of this country?

FOOTNOTES:

[Footnote 86: _Bigge's Report._]

[Footnote 87: The following are some that require no key:--Murderers'

Plains, Killman Point, h.e.l.l Corner, Murderers' Tiers, Four Square Gallows, Dunne's Look-out, Brady's Look-out, and Lemon's Lagoon.]

[Footnote 88: A more singular instance occurred during the rule of Colonel Davey. A reformed bushranger was dispatched to treat with a young man who had absconded from the commissariat: he resolved to accompany the messenger into the presence of the Governor; but he went armed. The kind old man received him with some rough salutation; but having discovered his pistol, he asked what was the meaning of that? In reply, he stated that he had resolved to shoot the messenger, if he found treachery--a precaution, which rather amused than offended the gallant commander. This statement, made by a survivor of the scene, is a curious relic of government.]

[Footnote 89: "JACK WORRALL.--He was entrapped into the mutiny of the Nore, but the only part which he took in the proceedings, was writing out in a fair hand several papers for the mutineers; and this he declared he did for no other purpose than to indulge his own vanity, in displaying his fine writing, upon which he had highly valued himself. He was tried after the surrender of the mutineers, and transported for life to Van Diemen's Land. 'I was now,' said he, 'determined to make a push for the capture of this villain, Mick Howe, for which I was promised a pa.s.sage to England in the next ship that sailed, and the amount of the reward laid upon his head. I found out a man of the name of Warburton, who was in the habit of hunting kangaroos for their skins, and who had frequently met Howe during his excursions, and sometimes furnished him with ammunition. He gave me such an account of Howe's habits, that I felt convinced we could take him with a little a.s.sistance. I therefore spoke to a man of the name of Pugh, belonging to the 48th regiment--one whom I knew was a most cool and resolute fellow. He immediately entered into my views, and having applied to Major Bell, his commanding officer, he was recommended by him to the Governor, by whom I was permitted to act, and allowed to join us; so he and I went directly to Warburton, who heartily entered into the scheme, and all things were arranged for putting it into execution. The plan was thus:--Pugh and I were to remain in Warburton's hut, while Warburton himself was to fall into Howe's way.

The hut was on the river Shannon, standing so completely by itself, and so out of the track of any body who might be feared by Howe, that there was every probability of accomplishing our wishes, and '_scotch the snake_'--as they say--if not kill it. Pugh and I accordingly proceeded to the appointed hut: we arrived there before day-break, and having made a hearty breakfast, Warburton set out to seek Howe. He took no arms with him, in order to still more effectually carry his point; but Pugh and I were provided with muskets and pistols. The sun had been just an hour up, when we saw Warburton and Howe upon the top of a hill, coming towards the hut. We expected they would be with us in a quarter of an hour, and so we sat down upon the trunk of a tree inside the hut, calmly waiting their arrival. An hour pa.s.sed, but they did not come, so I crept to the door cautiously and peeped out--there I saw them standing, within a hundred yards of us, in earnest conversation; as I learned afterwards, the delay arose from Howe's suspecting that all was not right. I drew back from the door to my station, and in about ten minutes after this we plainly heard footsteps, and the voice of Warburton; another moment, and Howe slowly entered the hut--his gun presented and c.o.c.ked. The instant he espied us, he cried out, '_Is that your game?_'--and immediately fired; but Pugh's activity prevented the shot from taking effect, for he knocked the gun aside. Howe ran off like a wolf. I fired but missed.

Pugh then halted and took aim at him, but also missed. I immediately flung away the gun and ran after Howe. Pugh also pursued; Warburton was a considerable distance away. I ran very fast--so did Howe; and if he had not fallen down an unexpected bank, I should not have been fleet enough for him. This fall, however, brought me up with him; he was on his legs, and preparing to climb a broken bank, which would have given him a free run into the wood, when I presented my pistol at him, and desired him to stand: he drew forth another, but did not level it at me.

We were about fifteen yards from each other--the bank he fell from between us. He stared at me with astonishment, and to tell you the truth, I was a little astonished at him, for he was covered with patches of kangaroo skins, and wore a black beard--a haversack and powder horn slung across his shoulders. I wore my beard also--as I do now: and a curious pair we looked like. After a moment's pause, he cried out, 'Black beard against grey beard for a million!'--and fired: I slapped at him, and I believe hit him, for he staggered; but rallied again, and was clearing the bank between him and me, when Pugh ran up, and with the b.u.t.t end of his firelock knocked him down again, jumped after him, and battered his brains out, just as he was opening a clasp knife to defend himself.'"--_The Military Sketch Book._]

[Footnote 90: This account is taken from the _Sydney Gazettes_, quoted by Wentworth; _Commissioner Bigge's Reports_, and _Bent's Life of Howe_.]

[Footnote 91: Bent, the government printer, published a pamphlet in 1818, ent.i.tled, "_Michael Howe: the last and worst of the Bushrangers_."

This pamphlet was reviewed by the _Quarterly_; "it is," observes the reviewer, "the greatest literary curiosity that has come before us--the first child of the press of a state only fifteen years old. It would, of course, be re-printed here; but our copy, _penes nos_, is a genuine Caxton. This little book would a.s.suredly be the _Reynarde Foxe_ of Australian bibliomaniacs."--1820.]

SECTION VII.

It was the policy of the local government to relieve the crown from that cla.s.s of prisoners who were incapable of useful labor on the public works. The settlers from Norfolk Island, who had acquired their liberty, or fulfilled their military service, became the employers of prisoners: many of the masters, in their principles and habits, did not differ from their men--frequently, their accomplices and sharers of their spoil.

Those engaged in the interior, in tending the flocks and herds, were often paid in proportion to the increase, and beside the property of their masters, they had charge of their own. This system, fraught with mischief, continued for many years, in spite of the interdicts of the government, and the fatal results exhibited in the courts of justice.

Cattle and sheep stealing were carried to an astonishing extent: the owners, ignorant sometimes of the amount of their wealth, confided its safety to men incapable of resisting ordinary temptation. The more opulent estimated their annual loss at one-fifth of the increase; and in unfavorable situations, where many cotters were established, they found the preservation of their stock impossible, and relinquished the attempt in despair.[92] The brand was obliterated, often with great ingenuity: the I became H, C was turned into G, and P into B; the more daring, blotted out all brands, by a heated shovel. Stock yards were enclosed and hidden by the bush, where cattle were slaughtered, and sheep by scores were salted down. Ewes were driven into the interior until their lambs were weaned, when they were returned to their owners. In supplying the commissariat, it was not unusual to drive a flock of sheep for inspection, which were again returned to the fold, and others from a stolen stock pa.s.sed under the certificate thus obtained; and the plunder of the royal herds, were slaughtered and sold to the crown.

Such depredations were enormous: large gangs were in combination, and the first session held in Van Diemen's Land, brought to light extensive robberies, comprehending twelve hundred sheep.[93] These evils were encouraged by difficulties in the administration of justice. For five years, fifteen charges only were tried by the court of criminal jurisdiction in New South Wales: the prosecutor, the witnesses, and the prisoners were forwarded together. On one occasion, six were sent up for trial: the skins of the stolen beasts were deposited in a cask, and the proof was deemed complete; but of the same cooperage, another was prepared, an admirable imitation. This last was opened in court, but it was found filled with the skins of seals; and, by the ingenious transformation, the prosecution was satisfied.

It is just to observe, that the absence of legal redress not only prompted, but extenuated these violations of law: crime retaliated crime: the lower settlers carried on a system of plunder; but the uncertain tenure of property weakened that moral principle which is its surest defence. The cattle stealer was himself a loser by the man he robbed: a stray beast was branded without question; the owner, when he discovered that his property was beyond his reach, except by the prosecution of the robber, adopted a shorter course. Reprisals thus lost half their guilt: nor is it wonderful that such feelings, as borderers were said once to cherish, prevailed among men who found excuses in their position, and indemnified their past or possible losses by the first spoil which came in their way.