A. L. (Arthur Lincoln) Haydon.

The trooper police of Australia; a record of mounted police work in the commonwealth from the earliest days of settlement to the present time online

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Online LibraryA. L. (Arthur Lincoln) HaydonThe trooper police of Australia; a record of mounted police work in the commonwealth from the earliest days of settlement to the present time → online text (page 31 of 32)
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Donegan, who was a J.P. among other things, received a
visit from the two relative to divorce proceedings. The Iady 5
he learned, desired to get rid of her husband, having a second
mate in mind, and was prepared to pay handsomely, cash
down, for the deliverance.

" Can't be done," said Donegan curtly. " It's out of my

" Then if you won't doit," she retorted, " I'll shoot him ! "

And finding the trooper still obdurate, Mrs. Shantyman
was as good as her word, for withdrawing from the office, she
" drew a bead " on her spouse and was peppering him hotly
when the law interfered. She then entrenched herself in a
store-room which had to be carried by force of arms, but her
arrest was followed by an acquittal. What further proceed-
ings, legal or otherwise, she took is not recorded.

Even an ordinary criminal case may have an accidental
light touch in it. There was an interlude in the arresting



of a noted Queensland horse-thief some years ago, which was
not strictly in order. The prisoner was one Caldwell who
was taken asleep in his camp in the bush, where a police
officer had recognized him as an old offender badly " wanted "
on several charges. Caldwell, by the way, was a desperate
character and during the journey down to Mackay made a
fierce attack on his captor in the hope of escaping. The
officer took the rough and tumble in good part. At the
next stopping-place, on the Bowen River, the two entered a
public-house, and here met a drover who bore a grudge
against Caldwell. This man was highly pleased to see his
enemy with the handcuffs on, and commenced gibing him.

The horse-thief writhed under the other's taunts. He
was powerless to retaliate. " The filthy blackguard ! " he
said ; "he wouldn't dare stand up to me if I had my hands
free ! Let me have a go at him, sergeant, won't you ? I'll
act straight, I swear ! "

The officer hesitated and was lost. His sympathies
were aroused. The handcuffs were unlocked and Caldwell
turned up his sleeves. It was a pretty fight, for the drover
was no novice, but Caldwell whipped him till he couldn't
stand. Then the victor put out his hands for the ' ' bracelets ' '
again, and the journey was resumed. Probably the memory
of that ten minutes helped to sweeten the ten years' term
which he subsequently served.

To sum up, the police trooper of Australia, regarded from
all points of view, is well worthy of the high praise that
has been bestowed upon him. As the " handy man " of his
country he occupies a unique position. Almost the only
fault he has is that he is too willing to take a heavy burden
on his back and do work that should fall to others. One
critic has pointed out that " by indefinitely multiplying the



duties of police officers a twofold risk is run that of render-
ing the work so complex that men of average talent and
education will be unable to perform it thoroughly, and that
of undermining the popularity of the force by exhibiting its
members before the eyes of the people as universally inter-
fering and censorious." There is food for reflection in this.
Every chief of police in the seven States will subscribe to
the utterance. For the present, however, the mounted
policeman cheerfully continues to carry out his manifold
duties and in their performance he has the satisfactory
knowledge that he is no mean factor in the development of
the Commonwealth.






HEADS or A PLAN for effectually disposing of convicts, and
rendering their transportation reciprocally beneficial, both to
themselves and to the State, by the establishment of a colony
in New South Wales, a country which, by the fertility and salu-
brity of the climate, connected with the remoteness of its situ-
ation (from whence it is hardly possible for persons to return
without permission), seems peculiarly adapted to answer the
views of Government with respect to the providing a remedy
for the evils likely to result from the late alarming and numer-
ous increase of felons in this country and more particularly in
the metropolis.

"It is proposed that a ship of war of a proper class, with a
part of her guns mounted and a sufficient number of men on
board for her navigation and a tender of about 200 tons burthen,
commanded by discreet officers, should be got ready as soon as
possible to serve as an escort to the convict ships, and for other
purposes hereinafter mentioned.

" That in addition to their crews, they should take on board
two companies of marines to form a military establishment on
shore (not only for the protection of the settlement, if requisite,
against the natives, but for the preservation of good order,
together with an assortment of stores, utensils, and implements,
necessary for erecting habitations and for agriculture, and such
quantities of provisions as may be proper for the use of the
crews. As many marines as possible should be artificers, such as
carpenters, sawyers, smiths, potters (if possible), and some hus-



bandmen. To have a chaplain on board, with a surgeon, and one
mate at least ; the former to remain at the settlement.

" That these vessels should touch at the Cape of Good Hope,
or any other place that may be convenient, for any seed that
may be requisite to be taken thence, and for such live stock as
they can possibly contain, which, it is supposed, can be procured
there without any difficulty, and at the most reasonable rates,
for the use of the settlement at large.

" That Government should immediately provide a certain
number of ships of a proper burthen to receive on board at least
seven or eight hundred convicts, and that one of them should be
properly fitted for the accommodation of the women.

" That these ships should take on board as much provisions
as they can possibly stow, or at least a sufficient quantity for
two years' consumption ; supposing one year to be issued at
whole allowance, and the other year's provisions at half allow-
ance, which will last two years longer, by which time it is pre-
sumed the colony, with the live stock and grain which may be
raised by a common industry on the part of the new settlers, will
be fully sufficient for their maintenance and support.

" That, in addition to the crews of the ships appointed to
contain the convicts, a company of marines should be divided
between them, to be employed as guards for preventing ill conse-
quences that might arise from dissatisfaction amongst the con-
victs, and for the protection of the crew in the navigation ot
the ship from insults that might be offered by the convicts.

" That each ship should have on board at least two surgeons'
mates to attend to the wants of the sick, and should be supplied
with a proper assortment of medicines and instruments, and that
two of them should remain with the settlement.

" After the arrival of the ships which are intended to convey
the convicts the ship of war and tender may be employed in
obtaining live stock from the Cape, or from the Molucca Islands,
a sufficient quantity of which may be brought from either of those
places to the new settlement, in two or three trips ; or the tender,
if it should be thought most advisable, may be employed in con-
veying to' the new settlement a further number of women from
the Friendly Islands, New Caledonia, etc., which are contiguous
thereto, and from whence any number may be procured without

" The whole regulation and management of the settlement

should be committed to the care of a discreet officer, and pro-
vision should be made in all cases, both civil and military, by
special instructions under the Great Seal or otherwise, as may
be thought proper.

" Upon the whole, it may be observed with great force and
truth that the difference of expense (whatever method of carry-
ing the convicts thither may be adopted), and this mode of dis-
posing of them and that of the usual ineffectual one is too trivial
to be a consideration with Government, at least in comparison
with the great object to be obtained by it, especially now the evil
is increased to such an alarming degree, from the inadequacy of
all other expedients that have hitherto been tried or suggested.

" It may not be amiss to remark in favour of this plan that
considerable advantage will arise from the cultivation of the Nevr
Zealand hemp or flax-plant in the new intended settlement, the
supply of which would be of great consequence to us as a naval
power, as our manufacturers are of opinion that canvas made of
it would be superior in strength and beauty to any canvas made
of the European material, and that a cable of the circumference
of ten inches made from the former would be superior in strength
to one of eighteen inches made of the latter. The threads or
filaments of this New Zealand plant are formed by Nature with
the most exquisite delicacy, and may be so minutely divided as
to be manufactured into the finest linens.

" Most of the Asiatic productions may also, without doubt,
be cultivated in the new settlement, and in a few years may
render our recourse to our European neighbours for those pro-
ductions unnecessary.

" It may also be proper to attend to the possibility of procuring
from New Zealand any quantity of masts and ship timber for the
use of our fleets in India, as the distance between the two countries
is not greater than between Great Britain and America. It grows
close to the water's edge, is of size and quality superior to any
hitherto known, and may be obtained without difficulty."





" KNOW all persons that we, three brothers, Jagajaga, Jagajaga,
Jagajaga, being the three principal chiefs, and also Cooloolock,
Bungarie, Yanyan, Moowhip, Monmarmalar, being the chiefs of
a certain native tribe called Dutigallar, situate at and near Port
Phillip, called by us, the above-mentioned chiefs, Irausnoo and
Geelong, being possessed of the tract of land hereinafter men-
tioned, for and in consideration of twenty pair of blankets, thirty
knives, twelve tomahawks, ten looking-glasses, twelve pair of
scissors, fifty handkerchiefs, twelve red shirts, four flannel Jackets,
four suits of clothes, and 50 Ibs. of flour, delivered to us by John
Batman, residing in Van Diemen's Land, Esquire, but at present
sojourning with us and our tribe, do, for ourselves, our heirs, and
successors, give, grant, enfeoff, and confirm unto the said John
Batman, his heirs and assigns, all that tract of country situate and
being in the bay of Port Phillip, known by the name of Indented
Head, but called by us Geelong, extending across from Geelong
Harbour about due south for 10 miles, more or less, to the head
of Port Phillip, taking in the whole neck or tract of land contain-
ing about 100,000 acres, as the same hath been before the execu-
tion of these presents delineated and marked out by us, according
to the custom of our tribe, by certain marks made upon the trees
growing along the boundaries of the said tract of land, with all
advantages belonging thereto, unto and to the use of the said
John Batman, his heirs, said tract of land, and place thereon,
sheep and cattle, yielding and delivering to us and assigns, to
the meaning and intent that the said John Batman his heirs and
assigns, may occupy and possess the same, and our heirs and
successors the yearly rent or tribute of fifty pair of blankets,
fifty knives, fifty tomahawks, fifty pair of scissors, fifty looking-
glasses, twenty suits of slops or clothing, and two tons of flour.
In witness thereof, we Jagajaga, Jagajaga, Jagajaga, the three
principal chiefs, and also Cooloolock, Bungarie, Yanyan, Moowhip,
and Monmarmalar, the chiefs of the said tribe, have hereunto
affixed our seals to these presents, and have signed the same.



Dated, according to the Christian era, this 6th day of June, 1835.
Signed, sealed and delivered in the presence of us, the same
having been fully and properly interpreted and explained to the
said chiefs.

" (Signed) JAGAJAGA, his X mark.
JAGAJAGA, his x mark.
JAGAJAGA, his x mark.
COOLOOLOCK, his X mark.
BUNGARIE, his X mark.
YANYAN, his x mark.

MONMARMALAR, his X mark.


"Be it remembered that on the day and year within written,
possession and delivery of the tract of land within mentioned
was made by the within-named Jagajaga, Jagajaga, Jagajaga,
Cooloolock, Bungarie, Yanyan, Moowhip, Monmarmalar, chiefs
of the tribes of natives called Dutigallar-Geelong, to the within-
named John Batman, by the said chiefs, taking up part of the
soil, and delivering the same to the said John Batman, in the
name of the whole.

" (Signed)









In presence of





A second deed recorded the transfer of the other and larger
area of land, as follows :

" Know all persons that we, three brothers, Jagajaga, Jagajaga,
Jagajaga, being the principal chiefs, and also Cooloolock, Bun-
garie, Yanyan, Moowhip, and Monmarmalar, also being the
chiefs of a certain native tribe called Dutigallar, situate at and
near Port Phillip, called by us, the above-mentioned chiefs,
Tramoo, being possessed of the tract of land hereinafter mentioned
for, and in consideration of twenty pair blankets, thirty toma-
hawks, one hundred knives, fifty pair of scissors, thirty looking-
glasses, two hundred handkerchiefs, and one hundred pounds of
flour, and six shirts, delivered to us by John Batman, residing

417 EE


in Van Diemen's Land, Esquire, but at present sojourning with us
and our tribe, do, for ourselves, our heirs, and successors, give,
grant, enfeoff, and confirm unto the said John Batman, his heirs
and assigns, all that tract of country situate and being in Port
Phillip, running from the branch of the river at the top of the
port, about 7 miles from the mouth of the river, 40 miles north-
east, and from thence west 40 miles across Tramoo downs or
plains, and from thence south-south-west across Mount Vilumarn-
atar to Geelong Harbour, at the head of the same, and containing
about 500,000, more or less, acres.

(Signed, as above.)"


(II GEORGE IV, No. 10.)

1. Whereas crimes of robbery and housebreaking have in-
creased to an alarming degree, and it is becoming necessary to
restrain the same, as much as possible by temporary provisions,
suited to the emergency of the occason. Be it therefore enacted
that it shall be lawful for any person whatsoever, having reason-
able cause to suspect and believe any other person to be a trans-
ported felon, unlawfully at large, immediately himself or with the
assistance of other persons, and without a warrant for such pur-
pose, to apprehend, or cause to be apprehended, every such sus-
pected person, and to take him, or cause to be taken, before any
Justice of the Peace for the colony for examination as hereinafter

2. Every suspected person taken before a Justice of the Peace
shall be obliged to prove, to the reasonable satisfaction of such
justice that he is not a felon under sentence of transportation, and
in default of such proof such justices may cause such person to
be detained in safe custody until he can be proved whether he is a
transported felon or free ; and in every such case the proof of being
free shall be upon the person alleging himself to be free. Provided
always that every Justice of the Peace may, at his discretion,



cause every such suspected person to be securely removed to
Sydney to be there examined, and dealt with in like manner as

3. And be it therefore enacted that every person whatsoever
who shall be found on the roads or in other parts of the colony,
with firearms or other instruments of a violent nature in his
possession, under the circumstances affording reasonable ground
for suspecting that such person may be or intend to be a robber,
every such suspected person shall be liable to be apprehended,
and taken before a Justice of the Peace in like manner and be
dealt with in all respects as hereinbefore provided ; and in every
such case the proof that such firearms or other instruments of a
violent nature were not intended for an illegal purpose shall be
upon the person in whose possession the same shall be found.

4. And be it therefore enacted that it shall be lawful for any
person on having reasonable cause for suspicion and believing
that any other person may have any firearms or other instrument
of a deadly nature concealed about his person to search or cause
to be searched every such suspicious person ; and in case of dis-
covering any such firearms or instruments of a deadly nature
apprehend or cause to be apprehended any such person and take
before any Justice of the Peace to be dealt with. . . .

5. And be it further enacted that it shall be lawful for any
Justice of the Peace having credible information that any robbers
or housebreakers are harboured in the country or district to grant
a general search warrant to any one or more constables to search
any dwelling house or tenement or other place within or reputed
to be within such county or district ; and it shall be lawful for
such constable in virtue of such general warrant to break, enter
and search, by day or by night, any dwelling place, tenement or
other place, and to apprehend every person whom such constable
shall have reasonable cause for suspecting and believing to be a
robber or housebreaker, and to seize and secure all firearms or
other arms or instruments of a violent nature, and all goods and
chattels which such constable shall have reasonable grounds for
suspecting or believing to be stolen, and also to apprehend all
persons found in or about any such dwelling house, etc., and all
whom such constable shall have reasonable grounds for suspecting
or believing to harbour or conceal any such robber or house-
breaker ; and all persons, arms, chattels and goods so found,
seized and apprehended shall by such constable be taken before a



Justice of the Peace for examination, and to be further dealt
with according to law.

6. And whereas it is expected that robbers and house-breakers
shall be tried and punished as speedily as may be consistent with
the ends of Justice, be it therefore enacted that all persons who
shall be fully committed for the crime of robbing or of entering,
and plundering any dwelling house, with arms and violence,
shall be brought to trial as speedily as possible, and being law-
fully convicted and sentenced to suffer death, shall be executed
according to law on the day next but two after sentence has been
passed ; unless the same shall happen to be Sunday, and in that
case, on the Monday following ; such sentence shall be passed
immediately after the conviction of such offender, unless the
Court or Jury shall see reasonable cause for postponing the same.

7. And be it further enacted that every person who shall
be found with firearms or other instruments of a violent nature
in his possession, and shall not prove to the satisfaction of such
Justice of the Peace that the same were or were not intended to
be illegally used, shall be guilty of a high misdemeanour, and
being lawfully convicted thereof, shall be liable at the discretion
of the Court to be imprisoned for any term not exceeding three



SERGEANT MIDDLETON and Trooper Hosie, wounded in attempt
to capture Frank Gardiner, July 1861.

Detective Patrick Lyons, received gunshot wound in right
hand while escorting prisoners between Forbes and 'Young ; was
attacked by Davis and party ; Davis was arrested, April 14,

Senior-Constable Henry Moran, shot in the groin by Gardiner's
gang, Eugowra Creek, when escorting gold, June 15, 1862.

Constable Luke Cullen, while struggling with a prisoner pistol
exploded, and was shot in leg, August 10, 1862.



Constable Thomas Rayfield, wounded with pistol ball in
side while attempting to arrest a horse dealer named Little
Jemmy, November 10, 1862.

Senior-Constable William Hughes, fired upon from ambush,
received gunshot wound in arm, June 8, 1863.

Senior-Constable Frederick Sutton, wounded by Gilbert
when attempting to rob Carcoar mail, August 6, 1863.

Senior-Sergeant James Stephenson, received gunshot wound
in the hand in an encounter with bushranger Lowry, when latter
was wounded and died following day, August 29, 1863.

Senior-Constable Thomas Haughey, received gunshot wound
in the knee in an encounter with armed offenders at Toodles'
shanty, Demondrille Creek, September 4, 1863.

Sergeant David M'Ginnerty, shot dead by Morgan near
Tumberumba, June 24, 1864.

Sergeant Thomas Smyth, shot while camping in his tent at
night by Morgan, September 4, 1864 ; died September 29, 1864.

Sergeant Edward Parry, shot dead by Gilbert, November 15,

Constable Samuel Nelson, shot by Dunn at Collector, January
26, 1865.

Senior-Constable John Ward, died from a gunshot wound
inflicted by a Chinaman between Mudgee and Coonabarabran,
February 4, 1865.

Constable William Wiles, received three gunshot wounds, two
in hand and one in leg, in an encounter with Hall's gang at
Byrnes', Mutbilly, February 24, 1865.

Constable John Kelly, received bullet in the left breast in an
attack by Hall and gang on Araluen gold-field, March 18, 1865.

Constable Robert Keane, received gunshot wound in right
shoulder in an encounter with bushrangers at Cunningar, March
18, 1865.

Constable Michael King, received gunshot in ankle in an
encounter with armed offenders at Binalong, 1865.

Senior-Constable J. R. Herbert, accidentally shot (afterwards
died) in mistake for bushranger, April 13, 1865.

Senior-Constable Willam Lang, wounded by pistol ball
in the arm when attempting to arrest mail-robber, Carroll,
December 10, 1865.

Constable James McHale, wounded when effecting the capture
of the outlaw Dunn, December 24, 1865.



Constable Miles O'Grady, wounded when attempting to
arrest armed robbers, April 9, 1866.

Constable William Raymond shot by prisoner on escort, April
14, 1866.

Constable McCable, shot by offender Pearson at " Shearer's
Inn," Bourke district, November 1, 1868.

Sergeant Andrew Sutherland, shot by offender Grey, near
Cowra, May 1, 1872.

Constable Michael Costigan|Shot at Bourke, September 11,

Constable G. R. Armytage } 1877.

Senior Sergeant Thomas Wallings shot dead at Wonbobbie,
Macquarie River, by offender Gibson, September 20, 1878.

Sergeant Michael Kennedy] Shot dead by Kelly gang at
Constable Scanlan I Wombat Ranges, near Mans-

Constable Lonergan j field, Victoria, October 26, 1878.

Constable Power wounded in an encounter with four
bushrangers near Balranald, 1879.


THE age limits and standards of height, weight and measure-
ment, vary slightly in the different States. In most cases parti-
culars of these have been given in the chapters dealing with the
constitution of each force. As representative of the general
qualifications for entry the application form sent to would-be
candidates for the New South Wales police force is appended :



1. Age under thirty years.

2. Candidates must undergo a medical examination. The standards

for height, weight, and chest measurement are approximately
as follows :





Chest Measurement.

5 feet 8 inches
5 9 ,

11 stone
11 4 Ib.

38 inches

5 10 ...
5 11 ...

11 10
12 6


40* ,

3. They must read, write, and cipher well, and be in other respects

fairly educated.

4. They must produce satisfactory testimonials of character.

5. During the period of probation at the Depot, and before being

sworn in, they can leave at any time by giving notice to the

6. After the period of probation, they are, if considered suitable,

required to take and subscribe, in the presence of a Magistrate,
the oath required by the Police Regulation Act.


Online LibraryA. L. (Arthur Lincoln) HaydonThe trooper police of Australia; a record of mounted police work in the commonwealth from the earliest days of settlement to the present time → online text (page 31 of 32)