The Clarke Bushrangers were a group that roamed the Braidwood district from April 1866 until Thomas and John Clarke, were captured on 27 April 1867. Before April different members of the future gang were suspected of various robberies. Sometimes only one member was suspected, sometimes two members. After April 1866 they worked as a gang of three or four members. There were different members at different times, but the more consistent members were Thomas (Tommy) and John Clarke and their uncles, Thomas (Tom) and Pat O’Connell. Tommy and Pat had been declared outlaws on 5 June 1866 for failure to surrender to the police by the due date.1 Before April 1866, one or two members of the future gang were suspected of robbery at various times. After April 1866 they were suspected together as a gang.
The parents of the main members of the gang, the Clarke and O’Connell boys, came from Ireland. The father, John Clarke, was born in Newry, County Down, Ireland in 1808 and came to Australia as a convict in 1828, convicted of stealing a pig, his first offence. He gained his Ticket of Leave in 1834 and applied to work for Major Elrington in Braidwood. The O’Connell family, farmers from Loughill, Ireland came out as free settlers in 1839 on the ship Aliquis. They also initially worked for Major Elrington before buying their own land. It was on the Elrington estate that John Clarke met 17 year old Mary O’Connell in 1839. They were married later that year. John and Mary were the parents of Tommy and John Clarke. Both families worked as farmers in the Braidwood District.
In many ways the gang was an enigma. The police often suspected them of crimes for which there was no identifiable culprit, labelling them with seven unproven murders and multiple unproven thefts. But in many instances they were supported by some police who benefited from the proceeds of their crime.2 There was no record of questioning about many of these suspected crimes when they were captured. Warrants were often cancelled and many times they were dismissed in court.3 After the Special Constables were killed on 9 January 1867 a meeting of the town dignitaries in Braidwood4 wanted to suspend habeas corpus5 and send out lynch parties to murder the Clarke boys and Bill Scott, their associate at the time. A similar meeting in Araluen, a few days later, questioned whether the gang was involved in these murders, to much applause.6
There is also a story handed down from Ellen Matthews’ son, Alby. Ellen was a resident of Araluen from 1834-1902. She once answered the door to a pair of polite and gently spoken well dressed young men in moleskin trousers, high Napoleon knee boots, waistcoats and neckerchiefs. They introduced themselves as the Clarke boys and told her not to be afraid. At the time she was by herself in the house, but realising they were sincere, invited them to have tea with the family later that day. The bushrangers gained two more sympathisers.
Before his capture John Clarke only had one conviction. In 1863 he stole a racehorse and was sentenced to 12 months gaol. His next charge was wounding a policeman during his capture and he was sentenced to death.
Tommy had eleven warrants for robbery issued against him since 1861. One warrant led to a trial for which he was found not guilty; on two warrants he was discharged;7 and three warrants were cancelled. Five warrants were never questioned when he was captured. He was charged with wounding during his final capture and hanged.
Pat had nine warrants since 1856. The first was bound over with no further appearance; one was dismissed8; four were discharged; and one taken out by the owner of a horse he had lent to Pat. The owner needed to say it was stolen to prevent aiding and abetting charges. Three were not questioned before he was legally murdered.
Both Tommy and Pat were outlawed on 6 June 1866 under the Felons’ Apprehension Act. However at that time neither Tommy or Pat were felons. They had not been convicted of a serious crime. So the legality of outlawing in this case is questioned.
Tom had six warrants out against him. The first in 1857 resulted in a small fine. Two warrants were dismissed. For two he received gaol terms. One of these was in 1860. Later this trial was deemed a mis-trial and he was released. The judge admitted an example had to be made because Tom lived in Jerrabatgully, an area full of horse and cattle thieves. In 1866, Tom was found guilty of wounding John Emmott and sentenced, initially to death but then commuted to life. This was despite John stating Tom had not wounded him, but in fact had helped him.9 Again an appeal allowed an early release and a family report from the Emmott’s said Tom and John communicated by letters on several occasions after Tom’s release.
The gang were suspected of committing several robberies in the Araluen district, but never charged for these robberies. They were never accused of robbing any of the miners. Store and hotel keepers, race goers and the Chinese allegedly seemed to be considered fair game by the gang. They made a good name for themselves in the Araluen horse races. Pat was described in the newspaper as being the best horse rider in the colony.
Suspected Offences in the Araluen District
10 December 1864 at 5.30pm – 15 year old Michael Farrell, the Braidwood – Araluen mail boy was robbed on the Bell’s Creek road, 10 miles from Braidwood, by two masked men. Their faces were covered with a dirty cloths that had two holes cut for their eyes. One man was the height and complexion of Tommy, the other the height of Bill Berriman. No charges were ever laid or warrants made out. Michael was Tommy’s cousin. It is doubtful that Tommy would incur the wrath of the family. Michael did not recognise their voices.
13 March 1865 – Tommy was the suspected fourth man when Ben Hall’s gang robbed the Araluen Gold Escort on the Araluen – Major’s Creek Road. Later Daniel Ryan was charged with being the fourth man, but his case was dismissed due to a proven alibi.10
14 October 1865 – Murder of Ah Fow, Chinaman of Mudmelong. Ah Fow’s body was found on a small hill on the road from German’s Flat to the Commercial Hotel Mudmelong. Tommy was suspected. Later Mar Kee was charged but found not guilty. Then five other Chinese were charged but they too were discharged. The police thought the murder was a result of arguments amongst the Chinese. The murder was never solved.
13 December 1865 – Tommy and Pat were suspected of stealing the racehorses Fireball and Deception from John Mellon of Merricumbene. There charges were dropped for lack of evidence11
15 January 1866 – Tommy and Bill Berriman were suspected of robbing the Araluen to Braidwood Mail near Bell’s Paddock at the top of the mountain. The offenders were masked and wearing only red and brown blankets. They could only be identified by height. Bill Berriman had already left the district. He left at the end of December 1865 and was working in Wollumbi, NSW at the time.
23 February 1866 at 8pm – Tommy, John, Pat and Tom allegedly entered Hoskin’s public house at Lower Araluen. They were well known to Eaton and robbed him of £21. They then rode to Mudmelong. The police had word of their coming and were waiting in ambush at Morris’ Hotel.12 It was 10.30pm when Tom allegedly entered the hotel. He was arrested, his hands were tied, and he was relieved of the £21. The rest of the gang then arrived and knocked to enter. They were told the hotel was closed. They allegedly retaliated with a bullet through the door. The police returned the fire. The flimsy door started to disintegrate. The gang indicated they would set fire to the place, and so the police surrendered. Tom O’Connell was freed, and Eaton’s money once again changed hands. Constable Luke Deacy was captured outside the hotel and relieved of his revolving rifle. He was then brought in to join the other police captives. Senior Constable Staplyton rode up and he and his rifle were captured. A Calisher & Terry’s breech loading carbine was added to the boy’s armoury. As well as the weapons, Constable Richardson was allegedly robbed, as was the publican, before the boys rode off.13 Warrants were made out for Tommy, Tom and Pat for robbery under arms of William Morris, publican, Mudmelong on 23 February 186614. Morris petitioned the Legislative Assembly on 16 November 1866 as he had lost £266.10s. between 26 February 1865 and 16 July1866, allegedly from Tommy Clarke and gang.15 At the end of February and in early March 1865, the Police Diary reports that a total of five policemen, took spare arms to Araluen from Braidwood in three separate trips. Perhaps not all the stolen guns were reported. No warrant for this crime was ever tested in court.
29 March 1866 – William Gilligan was stopped at about 5am near Norman’s Public House, between Araluen and Major’s Creek, and robbed of 15 shillings and a hog skin saddle. Tommy and two others were suspected. The NSW Police Gazette (NSWPG) of 4 April 1866, stated ‘… little if any foundation for this report’. Later Thomas Roberts in Hassall’s court case said that this was William’s excuse for drunkeness and being late to work.
22 May 1866 – James Armstrong, publican of the Peace and Plenty, Redbank, was allegedly robbed of four £1 notes on his way home from Braidwood at about mid-night.16 Tommy and Pat were suspected but no description of the robbers was given. No warrants were issued.
May 1866 – Two horses were stolen from Henry Crossley, a butcher of Araluen.17 Tommy, Pat and Tom were suspected, but no warrants were issued.
16 July 1866 at about 3pm – Ronald Johnson, the Moruya mail boy, William and John Morris of Mudmelong and John Larcome of Araluen were robbed at Mudmelong.18 The gang was suspected but no warrants were issued.
9 October 1866 at about 8.30pm – Too Fee of Jembaicumbene, was robbed on the Araluen mountain allegedly by the outlaw Thomas Clarke and Tom O’Connell. No description of the robbers was given and no warrants were issued.19
28 October 1866 – Four Chinese were robbed at the top of the Araluen mountain. The NSWPG20 states Ah Chong, Ah Leon, Ah Harm and Ah Goon, were allegedly stopped by Clarkes and Tom and robbed of a horse, silver, gold, pipes, coats, hat, saddle and bridle. No description given. No warrants were issued.
The following week the NSWPG,21 states that ‘the goods and horses were recovered by Ballalaba police after an encounter with armed offenders.’ The Gazette did not say who the offenders were but the gang was suspected by the newspapers.
9 November 1866 – William McIntosh and Patrick Silden, hawkers, of Merricumbene were searched by two armed masked men. No property was stolen. The Clarkes were blamed.22
31 December 1866 – Tommy, Johnny and Bill Scott were accused of robbing Tommy, a Chinese, and James Hyland. The NSWPG,23 says that ‘this is a doubtful case’. Given their friendship with James, they were probably having a friendly chat and James thought he needed a good story so he wouldn’t be charged with aiding and abetting. See http://www.braidwoodbushrangers.com/ for all suspected crimes.
That was the last of the robberies in the Araluen district.
Now to something more exciting ….
In March 1862, Tommy and Pat were arrested for robbing Jermyn’s (Germain’s) Dairy at Wild Cattle Flat. They wanted to race in the Araluen Races so they surrendered to a sympathetic magistrate who let them out on bail. In those days the Araluen race track was a bush track on land behind Naughton’s block. Pat brought Tommy’s Stumpy in first, winning the admiration of 100s of spectators. He was described as ‘flying through the bush, clearing rivers, creeks, bogs, fences, and fallen timber in a ride reminiscent of the numerous bush rides credited to him …’.
If such is his usual mode of riding, we are not surprised that the Braidwood police have been so often defeated in attempting to capture him in the wilds of Jerrabat Gully.24
The boys reported to the court the following day, and charges of robbing Ben Jermyn’s dairy were dismissed due to a technicality and lack of identification.
At the annual racing event in 1864 there was three days of racing, and some good prizes were offered. On each day there would be a £100 prize, besides smaller prizes from £25 to £60. Some good horses and some good sportsmen came into the valley.
At this meeting there was in the programme a hurdle race for 60 sovereigns, and for this race there were four entries, viz., Gassy Smith’s ‘Sting’, with [William] Fletcher in the saddle; Blatchford’s ‘Cromerty’, with Donnelly up; T. Clarke’s ‘Stumpy’, steered by Pat Connell [O’Connell]; and a grey horse of M.W. Kelly’s, with that well-known rider, Bob Fern, on his back. When the horses started the grey was sent by Fern in the lead at a fair pace to the first jump, which he negotiated in grand style, followed by Cromerty and Sting, with old Stumpy last. They kept in this position for the first round. On the second mile round Cromerty and Sting began to move up, and were closing on the grey leader, with Stumpy still lying last, and all the horses jumping splendidly. On coming to the first hurdle on the third and last round the grey, Cromerty, and Sting rose and cleared the jump all abreast, and it was a sight worth going miles to see the way the men handled their horses. After they got over this jump Fern, Donnelly and Fletcher called upon their mounts in a most determined manner, and the pace was a corker to the next leap. Connell, after he got over this jump, began to be hard on old Stumpy, and the old hero of many a hard-fought struggle answered in his usual game style at his rider’s call, and when the other three, who were racing neck and neck, were within about 100 yards of the next leap, which was the eighth, Stumpy was within about six lengths and gaining on them slowly but surely, and by this the whole four of them were under the whip. The first three horses came to this leap all abreast and as game as horseflesh could be found, but the pace was telling, for as they came to the jump the three horses rose together, and you could see determination in their riders’ faces. You could see the same in Connell’s. At this jump the pace was so fast that the three horses were not able to rise properly, and all three floundered and fell over the hurdle. You would think it impossible for Stumpy to get over without jumping on to either the fallen horses or men who were lying struggling on the ground, but Connell put the old horse to it and landed him safely on the other side between the fallen horses and their riders, without even touching any of the others, and the cheers that went up for Connell were deafening. This was without doubt the greatest feat of horsemanship imaginable, and when Connell was weighed in and Stumpy declared the winner, the diggers gathered round Connell and cheered him, and carried him on their shoulders to one of the booths to make him drink, and had Connell so desired he could have had as much as he could swim in. It was found after that none of the other men were seriously hurt, and they were able to remain on the course for the remainder of the day.25
Outlaws could be taken dead or alive and on 17 July 1866 Pat was shot dead by Constable Kelly. In a letter to Tommy’s sister a witness wrote that there was not a dry eye amongst the crowd that gathered when Pat’s dead body was brought into Braidwood.
The three hundred pound reward for the capture of Pat was divided amongst the police and Senior-Sergeant Creaghe was promoted to Sub-Inspector. Constable Kelly was transferred from the district. His subsequent conduct was not satisfactory and he was dismissed from the police force. In September 1877 Kelly applied for a gold medal for shooting Pat, but Edmund Fosbery, the Deputy Inspector-General, did not recommend his application.
Judy Lawson
Footnotes
1 Under the Felons’ Apprehension Act of 1865, if a felon is not apprehended or has not surrendered by the date proclaimed he is declared an outlaw. If he is found and is armed or thought to be armed he can be taken dead or alive. However neither Tommy or Pat had been convicted of any crime up to this date and should not be classed as felons and therefore not under the Act.
2 NSWSR, Votes & Proceedings, 1867/68 Vol 2 Report of Commission.
3 See table of Suspected Offences & Consequences on http://www.braidwoodbushrangers.com/
4 Empire, 22 January 1867.
5 This Act ensures no one can be imprisoned unlawfully.
6 Empire, 18 February 1867.
7 Discharged in the 1860s meant a sufficient case could not he made to ensure a conviction.
8 Dismissed means there is no need for a trial as there is no convictable evidence.
9 Ibid and all charges examined in detail in my book The Clarke Bushrangers.
10 NSWPG 17 May 1865.
11 NSWPG 27 Dec. 1865.
12 Morris petitioned the Legislative Assembly 16 Nov, 1866 as he lost £266.10s. between 26 Feb.1865 and 16 Jul.1866 from Tommy Clarke and . NSWPG,25.7.1866.
13 Newcastle Chronicle & Hunter River District News, 28 February 1866.
14 NSWPG, 7 Mar 1866
15 NSWPG, 25 Jul. 1866.
16 NSWPG, 6 Jun 1866.
17 NSWPG, 23 May 1866.
18 Empire, 21 Jul. 1866.
19 NSWPG, 17 Oct. 1866.
20 NSWPG, 7 Nov. 1866.
21 NSWPG, 14 Nov. 1866.
22 NSWPG, 21 Nov. 1866.
23 NSWPG, 9 January 1867.
24 John O’Sulivan, The Bloodiest Bushrangers, Rigby 1973, p 22.
25 Richard Kennedy, Braidwood Dispatch and Mining Journal, Friday 7 August 1942.