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FRANK GARDINER, "THE KING OF THE ROAD".
FRANK GARDINER, "THE KING OF THE ROAD".
The mere mention of the name of Frank Gardiner in any part of the Western or Southern districts of New South Wales was sufficient to set any of the residents in those districts in the early 1900s talking of the "old bushranging days". For Christie, alias Clarke, alias Gardiner, has been ever looked upon as the "father" of that bushranging which was followed by so many young men during the decade commencing in 1860.
There was a great difference between the men who "took to the bush" during the old convict days and those who made bushranging a profession after the country had been fairly opened up and settled; there was a great difference, too, between their methods. The former, as I have already pointed out, were mostly escaped convicts; some had been brutalised by the harshness of the system—others, knowing that a price was set upon their heads, were prepared to go to any length in preserving their freedom. But the men of the sixties were, as a rule, native-born Australians, spoilt by a life of laziness, and enamoured of the romance which attached to bushranging. Love of excitement more than desire of pillage led them to take up the "profession", and in at least three cases the career had its origin in a midnight "lark."
Frank Gardiner—to use the name by which he was commonly known in the bush—was born at Boro Creek, near Goulburn, in 1830, and when quite a young man crossed the border into Victoria, where he was soon notorious. In June, 1850, Mr. Lockhart Morton, who had recently taken possession of Salisbury Plains Station, on the Loddon, suddenly discovered that all the horses on his station, with the exception of four which were in a secure paddock, had mysteriously disappeared. He was a man of pluck and energy, and after making a supply of cartridges for his guns and writing to the chief constable in Melbourne, asking him to send intelligence of the robbery to Geelong, Portland, and Adelaide, daylight on the Wednesday morning (the horses had been removed on the previous Sunday) saw him in the saddle fully equipped and determined to run down the robbers.
The only reliable man he could take with him was Will Mercer, the cook at the station, who was an experienced bushman and expert tracker, like his master; but an old man named Williams, who had reached his seventieth year, volunteered to make one of the party, as a horse belonging to him was in the stolen mob; and although he could not be expected to do more than follow and keep the two men in view, he was allowed to start with them. Getting on the tracks they ran them past Korong towards Charlton, and south through the bush to the Wimmera River; thence to Lexington, where they took the road and kept it past Chirnside's cattle station at Mount William, and Dr. Martin's Mount Sturgeon station, to an hotel at the Mount. There they learned from the publican that at races held two days previously the robbers had run horses against those entered by the police. From him also Mr. Morton obtained a letter which one of the gang had left behind to be posted. With this they went off full gallop to Hamilton, where the clerk of the bench opened the letter. It was addressed to Mr. Crouch, the postmaster at Portland, who also was an auctioneer, and ran as follows:–
Sir,—I have no doubt you will be surprised to receive a letter from a stranger, but as it is on business I presume it does not matter. I have sent my representative, Mr. William Troy, to Portland with thirty-three head of horses, which I consider a fair sample for any market. I wish you to dispose of the same by the hammer to the highest bidder. I have authorised Mr. William Troy to receive the proceeds, and his receipt will be sufficient. Be good enough to let him have only such money as is current in Portland. Should the price realised please me I will send over another draft in the course of a month.
I remain, sir, yours obediently,
WILLIAM TAYLOR. Lake Mingo, Murray River.
From Hamilton they followed the tracks towards Portland, and at last heard that there were men with horses at Bilston's Hotel, on the Fitzroy. There the robbers were found and secured—Gardiner, Newton, and the overseer, William Troy. The latter was handcuffed before he was quite awake, and was very contemptuous of his captors. "Oh, you have done a heavy trick," he said; "you have come here with guns and pistols and swords, and one man with a big whip around his shoulders, to take three men unarmed, asleep in bed. Oh, you have done a heavy trick!" Old Mercer called him a scoundrel for stealing a poor man's horse. "Had you a horse among the lot, old fellow?" said Stuart; "if I had known that I would have cut him out for you; but I was not coming up to your kitchen to tell you we were going to take the horses."
On the following day the three horse-stealers were fully committed to stand their trial.
The court was to sit at Geelong in October, but about a week before the time fixed William Troy managed to escape from custody.
The other two were tried, convicted, and sentenced to five years imprisonment with hard labour in Pentridge Gaol. Gardiner, however, shortened his term to five weeks. The superintendent employed a number of black troopers as guards in the open, where the prisoners worked, and Gardiner suddenly one day attacked his guard, wrenching the carbine out of his hand, and fired as he fled: whereupon the whole gang of eleven prisoners got clear away.
Shortly afterwards Gardiner was seen on the Bendigo goldfields; but finding himself observed he suddenly disappeared across the Murray into New South Wales, and made his way back to Goulburn, where he remained at large for three years. He at last resumed his old practice of horse-stealing, and in 1854 was arrested, brought before the Goulburn court, and convicted on two separate charges, receiving a sentence of seven years' hard labour on the roads or Other public works of the colony for each offence. He was forthwith sent to Cockatoo Island.*
[* This prison was on a large island in the Parramatta River, about two miles west of Sydney Cove. In those days it was used as a penal establishment for the worst kind of male offenders, and was capable of accommodating nearly 200 prisoners. The prisoners' quarters were situated in an enclosure on the summit of the island, the governor's house being built on the east side. On the east end of the island was the Government slip and dry dock, called the Fitzroy Dock, at which her Majesty's ships of war on the station were cleaned and repaired. These stupendous works, constructed in the solid rock, were built almost exclusively by prison labour, and convicts incarcerated on the island were subjected to the most rigorous treatment, escape being almost impossible.]
Here he behaved well (but for one attempt to escape), and after serving about half his sentence was released on a ticket-of-leave** for the Carcoar district. Shortly after his arrival at Carcoar he reported himself at the police station, and at the same time enquired if a settler named Fogg resided in the district. "No," was the reply of the Police Magistrate, "he lives on the Abercrombie, and if you go over there it will be the duty of the police to arrest you for being out of your district." In spite of this he seems to have visited Fogg, but was left unpunished until certain horses and cattle mysteriously disappeared; then, search being made for him, he disappeared also. It turned out afterwards that Fogg and he had gone off to Lambing Flat gold-diggings, and were engaged in a butchering business at Spring Creek. There a petty quarrel brought him again under the notice of the police, and only the lack of quick communication between Carcoar and Lambing Flat saved him from renewed imprisonment.
[** The holder of a ticket-of-leave could only reside in the district named in his ticket.]
When next he was heard of in the Lambing Flat district he had developed into a veritable Knight of the Road, a terror to every settler, and the boldest and greatest breaker of law that ever troubled the police. Fogg had also disappeared and gone back to his farm on the Fish River, near the Abercrombie, and soon after road robberies became frequent, which were at last attributed to Gardiner: whereupon the police began to "shadow" Fogg, in hopes of catching the greater criminal.
Early in the month of July, 1861, Sergeant Middleton and Trooper Hosie, who were stationed at Tuena, the nearest police station to Fogg's, left Bigga early one morning, information having been received by them that Gardiner had been seen in that locality. Reaching the Fish River they proceeded as quietly as the rattling of their accoutrements and their heavy-shod horses would allow, and arrived at the "slip-panel" which gave ingress and egress to the Fogg domain. The point of entrance was in front of the house, and as soon as the horses had got through Middleton rode forward at a canter, Hosie following at a smarter pace as soon as he had put up the rails—the object in again closing the entrance being no doubt to hinder the escape of the man for whom they were looking if he happened to be within the enclosure. As Middleton reached the door Mrs. Fogg appeared, and ran back indoors in alarm. The sergeant jumped off his horse, and made after her, when suddenly Fogg and his wife, with the children, ran past him into the open. This act alone was sufficient to convince the police that they had arrived at an opportune moment.
Middleton could see that the one front room was empty, but that there was another doorway at the back, which was covered with a calico screen. As he stepped inside he saw this screen move, and, going up to it, heard a loud call from the inner room "If you enter I'll shoot you." Making no reply, the sergeant suddenly lifted the screen with his left hand, having a pistol in his right ready for use. No sooner had he done so, however, than a shot was fired from within the room; and Middleton, unharmed, at once dropped the screen and drew back a couple of paces.
But he had seen a man within the room, and knew the exact position in which he stood; he raised the screen a second time and fired as he raised it. Simultaneously, however, the man fired also, and the bullet from his pistol struck Middleton fair in the mouth, and passed into the lower jaw. Once more the sergeant dropped the screen and fell back, expecting his assailant to rush out; but there was no movement from within and Middleton determined to have another shot. But his pistol was empty, and when he proceeded to reload he found that he had also been shot in the left hand, the bullet passing through the back of his hand into the wrist. He went to the front door where Hosie was standing and told him to go round to the back of the house, and see if he could enter the hut from that direction. Hosie did so, and reported that there was no entrance from the back. "Then," said Middleton, "come and take your chance here with me." But the chance proved a poor one, for as he rushed for the inner room calling upon the man to surrender, at the same time firing into the room, two sudden answering shots came back in reply and Hosie fell wounded and stunned to the floor.
The man inside was thus far master of the situation, and if he had kept inside he would probably have come off victorious. But seeing Hosie fall as though killed, and knowing that Middleton was badly wounded, he determined to make a rush for liberty, without waiting to reload. Seizing his pistol by the muzzle, he ran out towards Middleton and attempted to strike him with the butt-end. The sergeant parried the blows with a heavy-handled whip, and managed to deal his assailant some severe ones in return; in the nick of time Hosie recovered, sprang up, and caught the man from behind, while Middleton used the whip-handle on his head. In the struggle they all three rolled out of the house, and then Fogg ran up and interfered. "Don't kill the man, Middleton," he cried, and then "You'd better give in, Gardiner." At that the police knew they had the man they wanted, and Hosie redoubled his exertions to secure him. The two fell, locked in close embrace, Hosie being uppermost, and Middleton again attempted to strike, but was prevented by Fogg, who kept calling to Gardiner to give in and prevent actual murder. Middleton then threw his handcuffs to Hosie, who still managed to keep uppermost, and after some trouble, Fogg still persuading him to "give in", Gardiner was secured. It was then found that he had grown suddenly weak, and also that he had been wounded in the firing, while his head had been much cut about by the blows from the hunting whip.
Fogg and his wife assisted to get Gardiner into the house, where Hosie kept guard over him, while Middleton searched other portions of the premises, under Fogg's guidance, to make sure that no more bushrangers were about. If there had been, they would have shown themselves long before, but the police did not think of that. In the end Fogg was asked to send to Bigga for assistance, but he replied that there was no one there who knew the way. "Then lend me a horse for a man to ride", said the sergeant, to which Fogg replied "I can't do that, for I have no horse." There was nothing for Middleton to do but start, wounded and weak from loss of blood as he was, for Bigga, leaving his equally weak and wounded companion to stand guard over the prisoner, who was also weak and wounded, but still in the house of the man who sympathised with him and who had previously associated with and harboured him.
So Middleton mounted his horse and faced for Bigga, giving Hosie instructions to start with his prisoner in the same direction as soon as he had recovered a little strength. The journey, which under ordinary circumstances would have occupied about an hour and a half, was not accomplished under five hours.
When Middleton rode slowly away he left Gardiner lying on the floor of the house, handcuffed and so badly hurt that he believed him to be dying; but if all that was subsequently stated by the man in whose charge he had been left be true, he was very far from dying, although it would have been a good thing for the colony if he had been actually dead. How the escape was effected has never yet been made known with sufficient clearness to satisfy the minds of an "inquiring public." At the time and for many years afterwards contradictory stories were told, some of them not at all to the credit of the officers concerned; but the version that was officially put forth to the world as the correct one was that it was a case of rescue by other bushrangers with whom Gardiner had been associated, and who formed part of the gang of which he was chief. Hosie's story, given in evidence during Fogg's trial for obstructing the police, was as follows:–
(After describing what happened up to the time when Middleton left for Bigga)..."In about an hour and a half I found myself getting faint and called upon Fogg to take Gardiner in charge, which he did, and when I recovered I found Gardiner in the same place as when T fainted. I do not know whether he made any attempt to get away from Fogg, but shortly after I recovered he tried to get away from me; he attempted to throw me down, and we struggled together for a quarter of an hour, when he got away and rushed towards the river, which was flooded, when he turned and got a sapling and rushed at me with it. I fired at him and overcame him. Fogg then assisted me again, and we took him back to the house and gave him some refreshment. As Middleton did not return with assistance, I thought he must have died on the road, and I asked Fogg to assist me to take Gardiner to Bigga, which he did, and got two horses, one for himself and the other for Gardiner to ride. Fogg led Gardiner's horse, and I rode behind. When we had got about 3 3/4 miles on the road toward Bigga we were attacked by two bushrangers, one of whom I believe to be Piesley, who ordered Fogg to let go Gardiner's horse, or they would shoot him; he did so. They then fired at me, and I fired at them—the only charge I had—when they both rushed at me and covered me with their revolvers. Fogg rushed up and begged of them not to shoot me, but to spare my life, and T believe they would have shot me only for Fogg's interference. They then left, taking Gardiner with them. After they left, Fogg accompanied me for about a quarter of a mile on the road for protection."
Who dressed Gardiner's wounds and nursed him back to health has never been disclosed; but that he was nursed back to health in a comparatively short time is proved by the fact that within a few months he was again reported as being "on the road", robbing travellers, in company with another noted bushranger named Jack Piesley and a couple of others. In the meantime, the Government had offered £50 for information that should lead to their capture, and soon followed this up with the following announcement, made in the "Police Gazette" of January, 1862:–
ONE HUNDRED AND SEVENTY POUNDS REWARD.
ATTACKING AND WOUNDING THE PATROL WITH FIREARMS.
BATHURST DISTRICT.
(Vide Report of Crime of 29th July, 1861, and ante.)
On the 16th July last Sergeant Middleton and Trooper Hosie, of the Western Patrol, were attacked and severely wounded at the Fish River by Francis Clarke, alias Jones, alias Christie, a ticket-of-leave holder, illegally at large from his district; a native of Goulburn, New South Wales, 31 years of age, 5 ft. 8 1/2 in. high, a laborer, dark sallow complexion, black hair, brown eyes, small raised scar in left eyebrow, small scar on right chin, scar on knuckle of right forefinger, round scar on left elbow joint, two slight scars on back of left thumb, short finger nails, round scar on cap of right knee, hairy legs; wounded in the above affray on left temple by pistol ball or whip. He was captured and afterwards released by two armed men of the following description: John Piesley, a ticket-of-leave holder, illegally at large from his district; a native of Bathurst. New South Wales, laborer, about 28 years of age, about 5 ft. 10 in. high, stout and well made, fresh complexion, very small light whiskers, quite bald on top of head and forehead, several recent marks on face, and a mark from a blow of a spade on top of head; puffed and dissipated-looking from hard drinking, invariably wears fashionable Napoleon boots, dark cloth breeches, dark vest buttoned up the front, large albert gold guard, cabbage-tree hat and duck coat. Sometimes wears a dark wig and always carries a brace of revolvers. He was in Sydney some weeks ago in company, it is supposed, with Zahn, alias Herring, of the Abercrombie. The other man is about 26 years of age, and about 5 ft. 6 in. high, light hair and whiskers, and small light moustache, sallow complexion. A reward of £20 is offered for Gardiner's apprehension, and £50 will be paid by the Government to any person who may, within six months from the present date, give such information as shall lead to the apprehension and conviction of the said John Piesley, and £50 will be paid for the apprehension and conviction of each of the other offenders.
Source: The Bushrangers (1915, April 20). The Farmer and Settler (Sydney, NSW : 1906 - 1955), p. 7.
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