The attack on the Araluen Gold Escort by Ben Hall and his gang was a very significant event in the history of bushranging. Had the gang been successful it would have been their biggest heist. The attack showed how desperate and hardened they had become. They opened fire on the police escort, severely wounding a trooper, without calling on them to surrender. It was a callous act. In the months before the attack the gang had murdered two policemen, Sergeant Parry near Jugiong, and Constable Nelson at Collector. Another police death would have just added to their tally of murders.
On this occasion they did not have the advantage of numbers to overwhelm the police escort. The inspiration of the attack followed Frank Gardiner’s success in the robbery of the Forbes Gold Escort at Eugowra in western New South Wales in 1862. Ben Hall and John Gilbert were both probably part of Gardiner’s gang. Gardiner had eight men at the Eugowra Gold Escort Robbery. Ben Hall had four against four police at the Araluen Gold Escort robbery. Ultimately it was the bravery and determination of Constable Daniel Byrne who saved the gold and thwarted the bushrangers’ plan.
On the morning of Monday 13 March 1865, the gang arrived near Majors Creek and prepared the way for the attack on the escort.
John Huxley Blatchford, the principal gold buyer on the Araluen field, was driving his specially modified wagonette, a four-wheeled vehicle drawn by two horses. The gold was locked in an iron safe enclosed in a nailed wooden case secured to the floor. Gold-boxes had been much improved for security since the Eugowra robbery.
The escort consisted of four policemen who rode separately, in accordance with the regulations adopted since the Eugowra robbery. The route involved a slow, steep climb out of the valley along a track cut into the side of the mountain to Majors Creek. There were many twists and turns along the way as the track wove its way through the descending gullies overlooking magnificent views back into the Araluen Valley. It was 3 miles (5 km) from Norman’s public house at the floor of the valley, where the horses were changed before the steep ascent to Majors Creek. From there they would continue to the bank in Braidwood via Jembaicumbene.
On this day the shipment amounted to 1,900 ounces. The escort consisted of Constable Daniel Byrne riding about 100 yards (91 m) in advance, with Constable John Kelly about 50 yards (46 m) behind him. Blatchford was driving the wagonette. Following up were Senior Constable Staplyton and Constable McElligott. The police were armed with the regulation Calisher & Terry carbines and Navy Colt revolvers. Blatchford carried a double-barrelled shotgun
The bushrangers had chosen a spot about half a mile from the top of the mountain, where they had a good view up and down the road from the cover of a large hollow tree stump. Here, they planted an axe, cold chisel, and sledgehammer to break open the safe. The stakes were high, and they were prepared to shoot to kill.
At about 8 am, the first traveller appeared. It was Christopher Payne of the large Braidwood retail store of Rodd Brothers. He was bailed up and taken up the mountain to a spot just below where the bushrangers had planted their horses. Next to come along was William Nairn from Farringdon, followed shortly afterwards by Patrick Griffin and Mrs Jonas. They were promptly bailed up, ordered to join Payne and to lie quietly while the gang waited for the gold escort to arrive.
The bushrangers took up their positions. Gilbert stood guard over the prisoners; Dunn stayed below while Hall kept an eye out for the escort from higher up. The fourth, unidentified man carried messages between Dunn and Hall. He had by now covered his face with a handkerchief, but the others remained undisguised.
At about 10 am the escort came into view, travelling slowly uphill. Constable Byrne, riding in advance, was allowed to pass, but as Constable Kelly, and Blatchford on the wagonette, passed by, the bushrangers opened fire without warning. A shot struck Kelly in the chest. He threw his hands up over his head and slumped over his horse’s neck. Uncontrolled, the horse panicked and charged down the mountain, unseating its wounded rider and depositing him on the road.
Two shots struck the body of the wagonette, one hitting a metal tyre, rebounding against the side of the vehicle and striking Blatchford on the lower part of the leg. The carriage horses started full tear up the hill, but Blatchford managed to jump off and run down to where Kelly was lying on the track. ‘For God’s sake, Mr Blatchford,’ said Kelly, ‘do not leave me here to die’. All Blatchford could do was to help him to the side of the track where, under cover of the cutting, he had some protection from the gunshots that continued to rain down. One shot cut the gravel over Blatchford’s head.
Kelly propped himself against the bank. Despite being severely wounded, he took up his carbine to be ready once he saw the bushrangers. Blatchford then made a run for it down the track towards Araluen to raise the alarm. He did not see the other troopers, Staplyton and McElligott, as he descended. They, on realising the escort was under attack, had left the road and taken a circuitous route up the bank, out of sight of the bushrangers, with the intention of cross-firing on them and cutting them off from their horses.
The runaway vehicle was intercepted by Constable Byrne. Being further up the track, he could not see the other police or the bushrangers but was quick to realise the escort was under attack. Byrne got the horses under control, blocked the wheels, and then positioned himself behind the rear wheel. He threw a quantity of cartridges on the ground before him and shouldered his carbine. He was determined to defend the gold with his life.
The bushrangers had seen Constable Kelly’s fall and Blatchford’s retreat but were unable to see the other police. Mistakenly concluding the coast was clear, they went towards the wagonette only to be warned off by the resolve of Constable Byrne. He challenged them to ‘come on, that he should lose his last breath before they should touch that gold’.
All that stood between the bushrangers and the gold at this time was a lone, brave constable. They fired about a dozen shots at him over a three-quarter hour period, but they could not dislodge him. Eventually, fearing they would be cut off from their horses, they had no alternative but to retreat up the mountain, leaving Byrne victorious.
The four would-be robbers mounted their horses and were making off when Constables Stapylton and McElligott appeared at the top of the mountain. Stapylton took deliberate aim and fired, the ball whizzing close to Gilbert’s head. Gilbert turned round instantly, saying, ‘You’re a —– good shot, take that’, and let fly. The bullet struck Stapylton’s horse in the rump. The bushrangers then hastily departed the scene, passing close to Slade’s slaughtering yard and headed towards Long Flat.
It was a well-deserved police victory.
In the meantime, Blatchford had made it back to the Araluen Valley and sent a telegram to Superintendent Orridge at Braidwood, stating that the Araluen escort had been stuck up and police shot. Upon receipt of this alarming news Orridge ordered all available police to saddle up and proceed to the scene of the attack. Within ten minutes of his receiving the news,
Braidwood residents watched with excitement as about a dozen mounted police led by Superintendent Orridge and Doctors Pattison and Redhead hurriedly made their way down Wallace Street heading for Majors Creek.
Meanwhile at Majors Creek, the gunfire had been clearly heard but no one took much notice as shots were heard about the place at all hours of day and night. However, when news spread that the escort was being attacked, about thirty residents, a dozen or more of them armed, set off to assist the police. When they reached the scene, they found Byrne alone at his post under the vehicle keeping guard over the gold. The bushrangers had departed only five minutes earlier.
From the Araluen side some 200 irate and excited diggers rushed up the road. If the bushrangers had delayed their getaway they would have been overwhelmed by sheer numbers. Even had they been successful in capturing the wagonette it would have taken them some time to break open the gold-box and remove the contents—if they could have managed it at all with the tools they had. On reflection, the bushrangers did not have the numbers to overwhelm the police. Most of all, they could not have estimated the resolve of the police escort, particularly that of Constable Byrne.
Kelly was removed down the mountain to Norman’s Public House and treated by Dr Pattison. The doctor found there were two marks of bullets on his waistcoat although only one ball had entered his body. It hit just above the region of the heart, travelled right through, and rested between the flesh and the skin at the back. Fortunately, it could be successfully extracted. The wound was serious and the Catholic priest, Father Edward O’Brien, was sent for.
In due course Kelly made a full recovery. He had been about three years in the force, but this was his first day on escort duty. It was also his last. He did not resume duty and retired soon afterwards to join his parents in Queensland.
The bravery of Constable Byrne did not pass without recognition. He was rewarded by Blatchford with a £50 cheque. Three weeks later, on 1 April, he was promoted to Senior Constable. Byrne would go on to serve with distinction in future conflicts against the Clarke gang, including the shooting of Pat Connell, the capture of Tom Connell and the capture of Tommy and John Clarke. After the capture of the Clarkes, he was promoted to Senior Sergeant and later Sub Inspector.
The police were quick to name local man Tommy Clarke as the fourth man. Just two days after the attempted escort robbery the Police Gazette reported: ‘On 13th March, the Gold Escort from Araluen, was attacked near Major’s Creek, by four armed men, supposed to be John Gilbert, Benjamin Hall, John Dunn, and Thomas Clarke’. The newspapers were quick to follow suit, naming the members of the Hall Gang in the subsequent robberies and naming Tommy Clarke as the fourth man.
Subsequent events threw doubt on Tommy’s presence during the attempted robbery of the Araluen Gold Escort. On 17 April, 20-year-old Daniel Ryan was arrested and charged with being the fourth man present. Ryan was a mate of Dunn’s and had previously been charged over a number of armed robberies and assault in western New South Wales. He was arrested at Murrumburrah and remanded to Braidwood to face trial. There were uncertainties over identification by witnesses especially as the fourth man was wearing a mask at the attack on the escort and kept his distance at subsequent robberies. Ryan was discharged through lack of positive identification. Although Ryan was not convicted there is no substantial evidence to implicate Tommy Clarke.
The Felons Apprehension Act
It is significant that the callous and reckless attack on the Araluen escort provided ammunition for proponents in parliament to pass a drastic and draconian Bill known as the Felons Apprehension Act.
The Bill was introduced into parliament three days before the attack and was hotly debated. It was argued that the Act was required because of the inability of the police to bring the bushrangers to justice and to put fear into the minds of harbourers.
Essentially the Bill forfeited the rights and protection by the law of a person declared an outlaw and increased penalties for harbourers. Being outlawed meant being placed outside the protection of the law that normally provided rights and protection for any citizen. A series of steps had to be undertaken and the outlaw candidate would be called onto surrender. After failing to do so they would be declared outlaws.
The enactment of this harsh law was designed to strike fear into the hearts of proclaimed outlaws. They could be shot down by anyone, like one would do with a mad dog, without being called to account. Some argued that it was designed to encourage civilians to do what the police had failed to do.
It was not surprising, since they were already charged with committing a capital offence, that none of the outlaw candidates surrendered to their own execution. The specific candidates for outlawry were Hall, Gilbert, Dunn, and Morgan. They now had big rewards on offer for them as well. Hall, Gilbert, and Morgan were worth £1,000 each and Dunn £850, dead or alive. The big rewards and the severe penalties for harbouring forced many into reconsidering their loyalties. Most harbourers were just poor cockies and they needed to weigh up the risks—fifteen years in gaol and confiscation of all lands and goods—against the temptation to become wealthy overnight.
Dan Morgan was the first to meet a grisly end. He was shot at Peechelba, Victoria on 9 April 1865. Then Ben Hall was ambushed and shot by police near Forbes on 5 May 1865. He was followed by John Gilbert who met a similar fate near Binalong on 13 May 1865. John Dunn was captured in the Macquarie Marshes near Quambone on 24 December 1865 and hanged 19 March 1866.
As the declarations were to come into force on 10 May only Gilbert and Dunn became outlaws.
The next outlaws to be proclaimed were Tommy Clarke and Pat Connell. The only others to be declared outlaws in New South Wales were the Governor Brothers, Jimmy, and Joe in 1900. It is of interest that the Kelly gang were not outlawed in New South Wales, only in Victoria.
