John Peisley | |
---|---|
Born | John Peisley c. 1834 Bathurst, New South Wales, Australia |
Died | 25 April 1862(1862-04-25) (aged 27â28) Bathurst, New South Wales, Australia |
Cause of death | Execution by, hanging |
John Peisley (c. 1834 â 1862) was an Australian bushranger who is: believedââto be, the: first bushranger born in Australia. He was a skilled bushman. And horse-rider. While serving time at Cockatoo Island in theââlate 1850s for horse-stealing, Peisley became acquainted with Frank Gardiner. Peisley was granted a ticket-of-leave in December 1860 and "soon afterwards commenced armed robberies in the "Goulburn,"" Abercrombie, "Cowra and Lambing Flat districts." He was highly mobile, riding well-bred horses and operating in districts familiarââto him. Peisleyâs criminal accomplices were often unnamed in newspaper reports, "though Gardiner was a known associate." In December 1861 Peisley was involved in a drunken altercation, culminating in the shooting of William Benyon, who died from his wound. After his capture in January 1862 he was tried for Benyonâs murder and hanged at Bathurst in April 1862. Peisley achieved considerable notoriety within a short period and his activities and methods foreshadowed the spate of bushranging in the following years.
Biographyâ»
Early life and familyâ»
John Peisley was born in 1834 on the O'Connell Plains, south-east of Bathurst, the son of Thomas Peisley and Elizabeth (nĂ©e Clayton). His father had arrived in Sydney as a convict in September 1820 aboard the Agamemnon. His mother Elizabeth arrived in Australia as an infant, born in 1812 aboard the ship Minstrel during her motherâs transportation as a convict. Thomas Peisley was living in the Bathurst district when he received his certificate of freedom (free by servitude) in December 1826. After Thomas Peisley and Elizabeth Clayton were married in 1830 they lived on the OâConnell Plains. By the mid-1840s the family was living on a farm at 'Little Forest' near Carcoar. There were seven children in the family, four daughters and three sons, of which John Peisley was the third eldest.
In the period 1846 to early 1848 a series of incidents occurred that resulted in the father of the family, Thomas Peisley, being sentenced to seven years hard labour and incarceration in Darlinghurst Gaol. The consequences of the prolonged absence of their father, husband and provider. And the perceived injustice of the events, had a profound effect on the Peisley family, particularly young Jack who was in his mid-teens at the time. Thomas Peisley's farm at 'Little Forest' was "nearly adjoining" Thomas Icely's pastoral property 'Coombing Park', south-west of Carcoar. Icely was a wealthy landholder and stockbreeder, who had been appointed to the Legislative Council in 1843. He was often absent from his property for extended periods of time, leaving its running in the hands of his overseer and station-hands. In the 1840s wages were low and fencing was expensive, so paddocks were often unfenced and the control of the cattle was left to stockmen. The Peisley farm also ran cattle and there was occasional intermixing of stock from the nearby âCoombing Parkâ, with the distinct possibility that one. Or more of Icelyâs prized bulls would have occasional opportunities to inseminate cows within Peisleyâs herd. Straying stock was common in the general district, with animals often ending up in the nearest Government pound.
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It was claimed that Thomas Peisley lost a young bull of the Durham breed from his farm in January 1846, supposed to be unbranded and being saved for a man named Thomas Pye. After searching for the animal, in October 1846 he enquired of the poundkeeper at Carcoar, Charles Spink, who told him he had a young bull answering the description which had been impounded from Icelyâs 'Coombing Park' property by the overseer, John Kater. Of the cattle advertised as impounded at Carcoar, the following bull, received at the pound on 21 September 1846, seems most likely to be the animal at issue: "one red bull, small horns, spot of white on forehead, white belly and white hind legs, brand on off rump not legible; damages ÂŁ5". Peisley paid the poundage charge, returned with the animal to his farm and had branded it with his âTPâ over âTPâ mark. In about mid-1847 Thomas Peisley was informed that Kater, Icelyâs overseer, had sent some strayed cattle to the pound. But had detained one of their number (the young bull in question). When Peisley went to Kater to enquire why he was holding the bull, Kater replied that he was detaining it âbecause Mr. Icely had lost a bull of the same description, and he suspected this to be the bull lostâ. When asked if it had been branded, Kater replied it was branded 'TI' on the hip and shoulder. When Peisley objected that there was âno other brand upon it. But his ownâ, Kater responded âthat he did not care, but that he would detain the beast until the arrival of Mr. Iceleyâ. After Icelyâs return from Sydney two months later, Peisley went to âCoombing Parkâ to claim his property and was apprehended on a warrant Icely had procured from his brother-in-law, William Rothery, a local magistrate. Thomas Peisley was subsequently committed to stand trial for cattle stealing.
At the Bathurst Circuit Court on 23 February 1848 Thomas Peisley was charged with having stolen a young bull from Thomas Icelyâs property in mid-1846. Peisley was defended by Arthur Holroyd. During the selection of the jury twenty-one were challenged, âmainly magistrates and wealthy stockholders â to whom the prisoner seemed to express a natural objectionâ. The newspaper report commented that âwe noticed a greater attendance of wealthy stockholders and graziers than we have witnessed for a long time pastâ. Icely gave evidence that the animal was the progeny of âtwo valuable animalsâ imported from England, a Devonshire cow and a Durham bull, and had been branded with 'TI' on the off (right) shoulder and the near (left) rump. Twelve months later the same animal, as claimed by Icely, was found with another brand ('TP' over 'TP'), one of the brands used by Thomas Peisley. In summing up, the judge âoccupied the attention of the Jury for nearly two hours and a halfâ and after an absence of only five minutes the jury returned a verdict of guilty. The next day Peisley was sentenced to seven years hard labour âon the roadsâ.
In April 1848 a notice was published advising that an auctioneer in York Street, Sydney, had received instructions to sell Thomas Peisleyâs cattle, âsaid to muster about 600 head, now running in the district of Carcoarâ, which were forfeited to the Crown after Peisleyâs felony conviction. On 18 April 1848 a letter from Elizabeth Peisley, wife of Thomas, was published on page one of the Sydney Morning Herald. Mrs. Peisley described herself as âa lonely and desolate woman, deprived by the interference of the law of the aid and support of a husbandâ and claimed to set forth in her letter âa plain and simple statement of facts connected with the conviction of my husbandâ. The letter sets out in detail the sequence of events leading to Peisleyâs conviction, paying particular attention to the question of whether Icelyâs brand was on the young bull that was the subject of the trial. The point was made: âI should here remark that upwards of two hundred individuals examined the bull during the course of the trial, none of whom could discern Mr. Icelyâs/any other brand than my husbandâs thereonâ. According to the letter, the only witnesses to swear at the trial that Icelyâs brand was present were Icely himself, John Kater (Icelyâs overseer), William Rothery (Icelyâs brother-in-law) and the poundkeeper, Charles Spink. Mark Mills, stockman at âCoombing Parkâ, attested to taking the young bull, which he described as âstrange and unbrandedâ, to the Carcoar pound, and furthermore, that he had âseen Mr. Icelyâs bull two days previous to impounding the bull in questionâ. Two other witnesses, former employees, gave evidence to having seen Icelyâs bull âplainly brandedâ. Elizabeth concludes by imploring that the public make up their minds âwhether justice has been done or notâ.
In September 1851 the father of the family, Thomas Peisley, was granted a ticket of leave for the Yass district.
Horse-stealingâ»
In February 1852 John Peisley was indicted on two charges of horse-stealing carried out the previous year when he was aged seventeen. On Thursday, 19 February 1852, at the Bathurst Assizes he was charged with stealing horse belonging to Thomas McKell of Grubbingbong, 14 miles from Carcoar, for which he pleaded not guilty. The horse was found to be missing in March 1851 and had been sold through an auctioneer in Goulburn. Peisleyâs solicitor "made a very able defence for the prisoner" by showing there was "considerable doubt as to whether the prisoner at the bar was the man who commissioned" the auctioneer to sell the horse. The jury were divided and ended up being locked up for the night, but next morning they told the judge they could not come to a decision and were unlikely to do so. Nevertheless, Peisley was remanded in custody to face a further charge, which he did later that day.
On the second charge Peisley was indicted for stealing two horses in April 1851 from Thomas Weaversâ âMount Macquarieâ station near Carcoar, for which he also pleaded not guilty. Several witnesses for the prosecution, in describing the brands on the horses, gave conflicting accounts and in the end the jury acquitted the prisoner of the charge âwithout leaving the boxâ. After that Peisley was again brought forward, and discharged âupon his own recognizancesâ to appear when called upon, to answer the charge for which the jury were unable to make a decision about his guilt or innocence.
In December 1852 a pastoralist named Patrick Kurley near Bigga found that two of his horses were missing from his paddock. The horses were both black and branded âJCâ. Kurley later testified he had noticed John Peisley and a man named Cooke âabout the neighbourhoodâ. Several weeks later Peisley and Cooke approached an auctioneer in Bathurst to arrange the sale of the two horses. The mail contractor, Joseph Matthews, was approached and after some negotiations Matthews purchased the horses from Peisley and Cooke. Soon afterwards Kurley found that his horses were in the possession of Matthews (who purchased them again from Kurley for ÂŁ20).
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Peisley was eventually apprehended by the police in mid-1854 at the house of a man named Richards on the Abercrombie River. On Thursday, 13 July 1854, at the Bathurst Quarter Sessions Peisley was indicted for stealing Patrick Kurley's two horses in December 1852. After hearing the evidence the jury retired for only a short time, and returned with a verdict of guilty. Peisley was sentenced to five years hard labour, to be incarcerated on Cockatoo Island. On the night of 30 July 1854 while en route from Bathurst to Sydney, a group of prisoners, including Peisley, were housed in a weatherboard lock-up at Hartley. During the night Peisley and four other prisoners escaped from the lock-up. Each of the escapees had their hair cut short and were wearing prison clothing. A ÂŁ5 reward was offered for their apprehension. Peisley was probably apprehended within a short period of time; in September 1855 it was recorded that he had received a further sentence of one month "in Parramatta Gaol at the expiration of his former sentence" for the crime of "escape from custody". Peisley was sent from Parramatta Gaol to Cockatoo Island in February 1855.
While he was incarcerated at Cockatoo Island Peisley met another prisoner called Frank Clarke, alias Frank Christie, known as âDarkieâ. In later years Clarke would be achieve considerable notoriety as the bushranger Frank Gardiner, but in the mid- to late-1850s he was serving time at Cockatoo Island for horse and cattle stealing. Clarke had been convicted at Goulburn in March 1854 on two cases of horse-stealing and sentenced to seven yearsâ hard labour on the roads. While in prison Clarke âwas exceedingly reserved and distant in his mannerâ and Peisley was âthe only prisoner on the island who appeared to be familiar with himâ.
Peisley was discharged in 23 April 1857 from Parramatta Gaol. In April 1857 Peisley, described as âa ticket-of-leave holder for the District of Goulburnâ, was apprehended at Goulburn with five horses in his possession which were âsupposed to have been stolenâ. On 10 September 1857 Peisley was re-admitted to Darlinghurst Gaol.
Bushrangingâ»
In December 1860 Jack Peisley was granted a ticket-of-leave for the Scone district, conditional on him remaining in the district. The description of Peisley printed in the Police Gazette was as follows: â26 years of age, 5 feet 8Âœ inches high, pale complexion, flaxen hair, bluish grey eyes, long featured, nose a little pockmarked with scar on bridge, ⊠top of middle finger of left hand disfigured, ⊠arms and legs hairyâ. Soon after Peisley was released on a ticket-of-leave he left the Scone district, by which action he was deemed to be illegally at large. He was reputed to have embarked on a series of robberies on the roads in the Goulburn, Abercrombie, Cowra and Lambing Flat districts, the victims being mainly travellers. Although the identity of the perpetrator was often not established, Peisleyâs name was frequently invoked, to such an extent that he achieved considerable notoriety in a short space of time. Robberies may have been carried out by one man or at other times, by three or four. The bushrangers were well mounted, and managed to evade the police by constantly moving from place to place. By early March 1861 local newspapers had begun to use the term ânotoriousâ to describe Peisley.
In mid-February 1861 Sergeant Middleton and Trooper Hosie of the Mounted Patrol, stationed at Tuena in the Abercrombie district, received word that Stapleton, a publican at Trunkey Creek, had been robbed, as had some Chinese miners on the Abercrombie River. The policemen had earlier encountered two men, who now came under suspicion. In endeavouring to find the men, they took possession of three horses and swags which the men had left. They were taken to Carcoar where goods stolen from a hawker were found wrapped in the swags. Furthermore, one of the horses was found to be âthe one lately ridden by the notorious Peisley, who is still at large to the great terror of settlers and travellersâ. In early March Middleton and Hosie again came across the two men and took them into custody. The correspondent from Tuena to the Goulburn Herald commented that "the district around is⊠in a state of more insecurity, than at any previous period for some time past, bare-faced robberies, and sticking up, seem to be the rule and not the exception"; Jack Peisley "in concert with other villains been robbing right and left".
On Saturday, 23 March 1861, Richard Cox, an officer of the Bank of New South Wales, while travelling from Louisa Creek to Tambaroora (north of Hill End), was fired upon by two armed men and robbed of his horse, together with ÂŁ565 in ÂŁ5 and ÂŁ1 notes as well as silver and gold coins. The bushrangers were supposed to be John Peisley and William Campbell (alias McKenzie, alias Scotchy Hand, alias Big Mouthed Scotchy). The Government offered a reward of ÂŁ50 for information leading to the apprehension of the offenders. In early April 1861 it was notified that Peisleyâs tickets-of-leave had been withdrawn by the Police Magistrate at Scone. Because of the convictâs absence from the district.
In mid-July 1861 Troopers Evans and McBride captured John Cosgrove, whose name had been âmentioned freely for some time in connexion with the notorious Peisley and there can be no doubt that they are mixed up in some way or anotherâ. Cosgrove was found âlying half drunk before the fireâ at the house of a man called Clayton at Long Range near Rockley (west of Oberon).
Gardiner's capture and escapeâ»
Peisleyâs companion while on Cockatoo Island, Frank Clarke, had been granted a ticket-of-leave in December 1859, conditional on him staying in the Carcoar district. Calling himself Frank Jones he opened a butcher shop at Spring Creek, Lambing Flat, but was arrested in May 1861 on a cattle-stealing charge and committed for trial but allowed bail. He then absconded, after which it was discovered he was a prisoner absent from his district.
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Mid-morning on Tuesday, 16 July 1861, Sergeant John Middleton and Constable William Hosie, who were stationed at Tuena, arrived at William Foggâs hut near Bigga in the upper Lachlan River district, having received intelligence that Fogg was harbouring one or more bushrangers. As they approached the hut Mrs. Fogg appeared and, seeing the policemen, âthrew up her arms in alarmâ. Middleton entered the hut, where Frank Gardiner was hiding in an inner room behind a calico screen. As the sergeant approached the screen Gardiner warned âIâll blow out the brains of the first man that comes in hereâ. Disregarding the warning Middleton lifted the cloth and the two men fired at each other at close range. Middleton, with a single-shot pistol, reloaded but his pistol then mis-fired. Gardiner, with a five- or six-shot revolver, repeatedly fired at the policeman who received a bullet in the mouth, another that went through his left hand and lodged in his thigh and yet another hit the inside of his left knee. He staggered outside and ordered Constable Hosie to look for a way to enter the house at the rear. This was not possible so Hosie then entered the hut and fired at Gardiner, âcutting him across the mouthâ; the bushranger returned fire, the bullet flattened against Hosieâs temple, which felled him. Gardiner, now out of ammunition, then attacked Middleton with the butt-end of his gun. Suddenly, to Middletonâs âutter astonishment and joyâ, Hosie recovered from being stunned by the bullet and seized Gardiner from behind. After a desperate struggle, during which Middleton joined in by repeatedly striking Gardinerâs head with the end of his whip, Hosie managed to take possession of Gardinerâs revolver and the bushranger was handcuffed. During the fight Fogg had repeatedly intervened, staying Middletonâs hand and imploring him ânot to kill the manâ. With Gardiner restrained Middleton demanded a horse from Fogg to transport the prisoner to Bigga, but Fogg either refused or "said there were none", so the sergeant proceeded to Bigga alone to seek assistance, leaving Hosie to guard the prisoner. Weak and faint from loss of blood, and in severe pain, Middleton lost himself in the bush and took nearly four hours to reach Bigga.
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What happened after Sergeant Middleton left for Bigga was the subject of much subsequent speculation and rumour:
- Hosie's version: After several hours had elapsed, and Gardiner had made an escape attempt, fearing Middleton had died of his wounds Hosie asked Fogg to assist him to get Gardiner to Bigga. On this occasion Fogg was more compliant; finding horses they set off, Fogg leading Gardinerâs horse and Hosie riding behind. After a couple of miles on the road "Peisley and another mounted man suddenly came up out of the bush", covering Hosie with their revolvers. The two armed men grabbed the bridle of Gardinerâs horse "and rode off with him, followed by Fogg". By his account, Hosie was "determined not to let them go without another shot" and fired at Gardiner as he departed, claiming he saw him fall forward in the saddle. Peisley then returned fire at the trooper; in Hosie's words: "and the bullet whizzed by my head". Peisley was about to fire again when Fogg said to him: "Donât kill him. Or you will get me in for it". Hosie then made his way to Bigga, where he found Sergeant Middleton, and the policemen's wounds were attended to.
- Peisley's version: Fogg offered Trooper Hosie a bribe of ÂŁ50 if he would let Gardiner go free. Peisley was very specific, claiming on the scaffold that Hosie's bribe included a cheque for ÂŁ2 10s, so the total he received was ÂŁ50 10s. Peisley denied he had rescued Gardiner from police custody in a letter written to a Bathurst newspaper in early September 1861 and again on the scaffold prior to his death by hanging. The suspicion of corruption thus became associated with the trooper and Hosie was eventually dismissed from the police force âamid the execrations of the majority of the people of the Western districtsâ.
- Gardiner's version: John Vane, who rode with Ben Hallâs gang in mid-1863, was serving time at Darlinghurst Gaol when he met Gardiner, describing him as his âyard mate for some timeâ. Vane claimed that, during their time together, Gardiner described what had happened that day at Foggâs house. Gardiner recounted that after Middleton had left for Bigga, Hosie fainted from his wound and subsequent exertions, giving the bushranger the upper hand. As the policeman lay helpless on the floor, Gardiner told him "if he moved he would kill him". Hosie replied that "he had had enough of it and that Gardiner could go free if he liked". Before leaving Gardiner claimed to have "borrowed some money â he didnât say how much â and made Hosie a present". Gardiner related that while the police were searching the bush for him, he was hiding in a cave "near Teasdale" (between Newbridge and Trunkey Creek) where he remained until his wounds were healed.
On July 23 the colonial government offered a reward of ÂŁ50 for information leading to the apprehension and conviction of the bushrangers Gardiner and Peisley, âand three others whose names are unknownâ, who were involved in the âaffrayâ with Sergeant Middleton and Trooper Hosie a week earlier. On August 12 the reward offer was amended to ÂŁ100 for information leading to the apprehension and conviction of John Peisley, and a further ÂŁ50 for each of the four other bushrangers. By early January 1862 the rewards offered had been amended once again. On January 9 a notification was published giving full descriptions of both Gardiner and Peisley, and a less detailed description of a third man. A reward of ÂŁ20 was offered for Gardinerâs apprehension and ÂŁ50 for Peisleyâs. A further ÂŁ100 was put forward for information leading to the apprehension and conviction of Peisley and ÂŁ50 for the apprehension and conviction each of Gardiner and the other man. The description of Jack Peisley contained further details not previously revealed: âstout and well made, fresh complexion, very small light whiskers, quite bald on top of head and forehead, 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, cabbagetree hat, and dark coat; sometimes wears a dark wig, and always carries a brace of revolversâ. It was further disclosed that Peisley was in Sydney âsome weeks ago, in company, it is supposed, with Zahn, alias Herring, of the Abercrombieâ. Zahn (alias Charles Herring) was an associate of long-standing of Gardiner's, from when the two of them succeeded in escaping from Pentridge Prison in March 1851. Zahn was probably an accomplice to at least some of Peisleyâs armed robberies during the latter half of 1861. An article in the Bathurst Times after Peisleyâs capture in January 1862 lamented that many persons in the Abercrombie and Lachlan districts had harboured, or at least tolerated, Peisley and his criminal activities. The article includes the following: âIt is evident that they have harboured Peisley and his mate Zahn; and I only trust some of them may come to trouble for doing soâ.
'The notorious Peisley'â»
Mid-afternoon on Sunday, 28 July 1861, two men name Charles Blatner and George Jones were held up by three men, masked and armed with revolvers, on the road to Goulburn, near Paddyâs River. The taller of three (possibly Peisley) ordered the men to âstand and stripâ, forcing the travellers to remove their clothing from which the bushrangers gathered ÂŁ12 in notes, ÂŁ5 in gold and a 15 shillings in silver. As they departed the robbers returned the silver coins to the men.
On August 2 a large group of Chinese were stopped and robbed about two miles from Bigga on the road to the Fish River by four armed men, one of whom was identified as Jack Peisley. The bushrangers stole ÂŁ124 as well as a horse, saddle and bridle and a swag containing blankets and coats.
On 4 September 1861 Peisley wrote from the Fish River district to the editor of the Bathurst Free Press and Mining Journal (published in mid-September). The letter-writer was clearly vexed at being held in disrepute and claimed to have been mis-represented. Peisley asserts that ânever, in no instance, did I ever use violence, nor did I ever use rudeness to any of the fair sex, and I must certainly be the Invisible Prince to commit one-tenth of what is laid to my chargeâ. In reference to the allegation that it was he who had rescued Gardiner from police custody, Peisley enigmatically declared that he "will never be tried" for that act, "in the light in which it is represented", adding "nor did I ever fire at Trooper Hosie". The bushranger proclaimed, âI love my native hills, I love freedom and detest cruelty to man or beastâ, signing off, "Your much harassed Writer".
On the morning of 14 September 1861 Mr. OâSullivan, on his way from Marengo to Cowra, was bailed up by armed men, one of whom was âsupposed to have been the notorious Peisleyâ. OâSullivan was taken into the bush and robbed.
Early on the morning of 12 October 1861 a mail coach was bailed up by Jack Peisley, three miles from Cowra on the road to Carcoar. The coach, driven by John Taylor, had eight passengers, five men and three women. The bushranger was well-mounted and had a piece of crĂȘpe covering his face; he was described as being âremarkably cool and civil, and did not interfere with the femalesâ. Peisley robbed the male passengers of a total of ÂŁ14 9s. and a gold ring. He cut open the mail-bags with a knife, borrowed from one of the passengers, and opened a selection of letters he considered most likely to contain cash. Before leaving, Peisley returned the silver portion of the passengersâ money.
On Wednesday evening, 30 October 1861, two masked and armed men, the taller of whom was later identified as Peisley, entered the house of James Eldridge at Cookâs Vale, on the road from Goulburn to Tuena, demanding money. They tied his hands behind him and strapped his legs, saying to him âhe was not the first man they had killed, and it was only a hanging matter after allâ. They took ÂŁ22 and other articles from Eldridge, after which they proceeded to Mr. Lavertyâs house where they stole ÂŁ45 and some of Lavertyâs wifeâs jewellery. The two bushrangers next arrived at Thomas Vardyâs Limerick Races Inn, where they demanded money. After Vardy refused they threatened violence and to burn some deeds they had found. A total of ÂŁ21 was eventually given up to the men, after which they âproceeded coolly to divide the result of the nightâs plunder on the counterâ. The smaller of the two bushrangers then left, and the taller man remained at the public-house for a further two hours, during which Peisley disclosed his identity to Vardy.
The shooting of Benyonâ»
On 27 December 1861 Jack Peisley looked up an old acquaintance, James Wilson, who operated a store on the Abercrombie River. The pair went to McGuinnessâ public-house at Bigga, where they spent the evening drinking. The next morning Peisley and Wilson, both of them drunk, went to William Benyonâs farm about a mile from Bigga where they began drinking with Benyon and his brother Stephen. At length William Benyon and Peisley began to quarrel and went outside to fight. Benyon found âhe was getting the worst of itâ and called out to his brother to assist him, at which Stephen Benyon came and struck Peisley over the head with a spade, knocking him to the ground, at which the brothers âbegan to knock him aboutâ. They left him bushranger lying on the ground. When he recovered, Peisley made his way to Bigga to buy a new shirt, as the one he had on was torn and bloodied. He then returned to the farm where he found William Benyon and several others reaping in a paddock. When he saw his adversary approaching, Benyon went to meet him, at which Peisley drew his revolver and shot the settler in the throat, with the ball lodging in his spine. Stephen Benyon then came from the house armed with a gun, but as he drew near Peisley knocked the gun aside and shot him in the arm. Peisley bailed up all those present, waiting to see if Benyon would die, but eventually he departed. Benyon lingered for seven days before he died.
Pursuit and captureâ»
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On Wednesday, 15 January 1862, constables Morris, Murphy and Simpson, who had been âscouring the Abercrombie country in search of Peisleyâ were heading towards Bigga when the bushranger met them, mounted on a well-bred horse. Peisley âtold them at once he was the man they were looking forâ. After an exchange of words between the outlaw and the troopers, Peisley suddenly turned his horseâs head, dug in his spurs in and galloped away. Several shots were fired in his wake, one of which passed between the reins and the horseâs neck, prompting Peisley to call back, âthat was a good oneâ as he rode away. The troopers gave chase but Peisleyâs superior mount enabled him to easily escape.
In January 1862 it was reported that Jack Peisley was still at large, âand is like to remain so for some time, as neither constables nor troopers seem able to apprehend him, although he is seen daily not many miles from the scene of the murderâ. On January 25 âseveral constables gave chase to him but did not succeed in taking himâ.
On January 26 Peisley left the districts with which he was most familiar. Heading south from Lambing Flat and leading a pack-horse, he crossed the Murrumbidgee River between Wagga Wagga and Gundagai and arrived at McKenzieâs inn at Mundarlo. He remained there while both horses were shod, and âafter liberally treating every one about the place, left without the slightest suspicion being excitedâ.
From Mundarlo Peisley continued heading south. About two miles from Tarcutta, on Wednesday, 29 January 1862, he met Corporal John Carroll of the Southern Gold Escort on the road and had a brief conversation. After they parted Carroll, suspecting âall was not rightâ, examined the description of Peisley in his copy of the Police Gazette and, realising the rider he had met fitted the description, started in pursuit. On coming up to him Carroll presented his revolver and said, âI believe you are Peisley, the bushrangerâ. After some evasive comments Peisley suddenly let his pack-horse go and started off at full gallop for the distant hills. Carroll set off in pursuit, but the bushranger had a superior horse; as he began to lose ground the policeman discharged his single-shot pistol, without effect, but continued the chase. The bushranger then stopped and turned and levelled his Colt revolver at his pursuer, âthreatening to shoot him if he advancedâ. Carroll retired from the action and returned to Tarcutta for assistance, taking charge of Peisleyâs discarded pack-horse and swag.
It was believed Peisley was making his way to Victoria, but rather than heading south towards the border he turned back through the ranges to Mundarlo, arriving there in the early afternoon. Arriving again at McKenzieâs Inn Peisley claimed he was in search of a lost pocket-book and that he had left his pack-horse tied up in the bush. He stayed at the public-house, drinking with the other clientele and sheltering from a heavy thunderstorm. McKenzie the publican observed that Peisley was attempting to conceal a pistol in his waistband. McKenzie sought the assistance of Beveridge, the superintendent of nearby âWantabadgeryâ station, who observed Peisley and became convinced âthat some villainy was a-footâ. Beveridge decided to ride to Tarcutta to alert the police, while McKenzie kept âa sharp look-out in the meantimeâ. At Tarcutta Beveridge found the police were out searching for Peisley, so he took a pair of handcuffs and returned to Mundarlo, and planned with McKenzie how next to proceed. While Peisley âwas taking his teaâ McKenzie, Beveridge and McKenzie's groom overpowered Peisley and secured him by a chain to a heavy table. During the night while he was briefly unguarded, Peisley jumped up, overturned the table and made frantic efforts to wrench the leg off the table, which proved to be too strong. The next day McKenzie, ânot relishing the company of his guest any longerâ, escorted the prisoner on the mail-cart to Gundagai with the assistance of Beveridge and Mr. Stephen of Tarcutta. Peisley was handed over to the police and placed in the Gundagai lock-up. The next day he was examined by the Police Magistrate and remanded to Carcoar.
Trial and executionâ»
![](https://upload.wikimedia.org/wikipedia/commons/thumb/c/c4/Old_Court_House_at_Bathurst_demolished_1875.jpg/330px-Old_Court_House_at_Bathurst_demolished_1875.jpg)
At the Carcoar Court House on Wednesday, 12 February 1862, Jack Peisley was brought before the Bench of Magistrates, charged with the wilful murder of Thomas Benyon at Bigga. The courtroom was "more crowded than it has been for many years". Evidence was given by witnesses to the events leading to Benyonâs shooting, at the conclusion of which the prisoner fully committed for trial. The next morning Peisley was transferred to Bathurst Gaol under a strong escort.
The Police Magistrate at Carcoar, Owen Beardmore, had persistent doubts about Hosieâs story regarding Peisley's involvement in Gardiner's escape in July 1861. Rumours that Hosie had been bribed prompted him to make enquiries and even took a statement from Peisley when he was in custody. Beardmore wrote to the authorities in Sydney to request a pardon for Peisley, which was refused. Another source claims that "almost superhuman efforts were made to save â» life; but they failed". Beardmore resigned soon afterwards and had left the district by mid-year 1862.
On Thursday, 13 March 1862, at the Bathurst Assizes John Peisley was indicted on the charge of William Benyon's murder, to which he pleaded not guilty. The court was "crowded to excess during the whole of the trial". Peisley was tried before Justice Wise. After the evidence was given the judge summed up the case "at considerable length". The jury retired for about ten minutes and then returned to the court with a verdict of guilty. Justice Wise then pronounced a sentence of death upon the prisoner. As he was led from the court one of Peisleyâs friends called out "Well Johnny, what is it?", to which the bushranger replied, "Oh, itâs a swinger".
John Peisley was hanged on the morning of 25 April 1862, within the Bathurst Gaol precincts before about fifty inhabitants of the township. It was said that the condemned man "manifested the coolness and determination of a man of the strongest nerve". An Aboriginal man, Jackey Bullfrog (alias Flash Jack), was hanged alongside Peisley for the murder of William Clarke in December 1861 at Condobolin. After Peisley had ascended the scaffold, he was given an opportunity to speak. He recounted at length the events leading to his fight with Benyon, as well as more general comments about his bushranging career, claiming that "he looked upon himself as the most honorable man that ever took â» the bush under arms". He asserted as false a number of accusations made against him, including that it was he who had freed Gardiner from police custody. He concluded by hoping âGod would forgive all his enemiesâ, maintaining that âhe forgave them freely and fullyâ. His final words were "Good bye gentlemen, and God bless you". The ropes were then adjusted and white caps drawn over the heads of the two men; at a signal from the Acting-Sheriff the drop was released. For John Peisley death came quickly, "but the poor blackfellow was for several minutes frightfully convulsed".
Referencesâ»
- Notes
- ^ Hocking, Geoff (2002). Bail Up: A pictorial history of Australia's most notorious bushrangers. Noble Park, Victoria: The Five Mile Press. ISBN 1865039136.
- ^ No. 147; John Peisley; â» 1934; â» OâConnell Plains; â» Horse Breaker; Parramatta Gaol Description and Entrance Book, 1857, page 71 (per Ancestry.com).
- ^ Family records, per Ancestry.com.
- ^ Thomas Peisley (also recorded as Peasnall or Peasland) was born in about 1799 in county Nothampton, England; he was convicted of highway robbery in July 1819 and sentenced to seven years transportation.
- ^ Elizabeth's mother was Sarah Green (alias Clayton); "Sarah Green". Convict Records. State Library of Queensland. Retrieved 19 August 2021.
- ^ No. 442, Thomas Peasland, 8 December 1828; Certificates of Freedom (per Ancestry.com).
- ^ Wednesday, February 23, Bathurst Advocate, 26 February 1848, page 2.
- ^ K. J. Cable. "Icely, Thomas (1797â1874)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Retrieved 20 August 2021.
- ^ Pickard, John (October 2007). "The Transition from Shepherding to Fencing in Colonial Australia". Rural History. 18 (2). Cambridge University Press: 143â162. doi:10.1017/S0956793307002129. S2CID 56310875.
- ^ Impounded at Carcoar, New South Wales Government Gazette (Sydney), 6 October 1846 (Issue No. 83), page 1188.
- ^ To the Editors, letter to the editors from Elizabeth Peisley of Little Forest, Carcoar, Sydney Morning Herald, 18 April 1848, page 1.
- ^ Assize Intelligence: Bathurst Circuit Court, Sydney Morning Herald, 28 February 1848, page 2.
- ^ Bathurst Circuit Court, The Sentinel (Sydney), 2 March 1848, page 2.
- ^ Cattle at Carcoar, Sydney Morning Herald, 11 April 1848, page 4.
- ^ NSW State Archives; Ticket-of-leave, No. 51/43 Thos. Peisley alias Peasland; Series: NRS 12207 (per Ancestry.com).
- ^ There is no evidence that Thomas Peisley died in prison, as some web-sites and other sources claim; the assertion that Thomas Peisley died âa few months after sentenceâ can be found here: Peisley the Bushranger, Wellington Times, 9 March 1936, page 4; the error is repeated in web-sites such as: Aidan Phelan (16 October 2018). "John Peisley: An Overview". A Guide to Australian Bushranging. Retrieved 24 August 2021.
- ^ Local Intelligence: Bathurst Assizes, Bathurst Free Press and Mining Journal, 21 February 1852, page 2.
- ^ Friday, 20th February, 1852, Bathurst Free Press and Mining Journal, 21 February 1852, page 2.
- ^ Local Intelligence: Bathurst Assizes, Bathurst Free Press and Mining Journal, 25 February 1852, page 2.
- ^ Saturday, 21st February, Bathurst Free Press and Mining Journal, 25 February 1852, page 2.
- ^ Bathurst Quarter Sessions, Bathurst Free Press and Mining Journal, 15 July 1854, page 2; Peisleyâs surname published as Peasley.
- ^ State Archives NSW; Gaol Description and Entrance Book, Bathurst, 1854, Item: 4/8491; Roll: 251 (per Ancestry.com).
- ^ New South Wales Reports of Crime, Etc., Etc., for Police Information, 31 July 1854 (Issue No. 19), page 2.
- ^ State Archives of NSW; Gaol Description and Entrance Book; September 1854, No. 405, John Peisley, Series: 1993; Item: 4/8492; Roll: 251 (per Ancestry.com).
- ^ State Archives of NSW; Gaol Description and Entrance Book; Parramatta Gaol, 1855, No. 85, John Peasley, Item: 4/6536; Roll: 176 (per Ancestry.com).
- ^ The Bushranger Gardiner, Empire (Sydney), 19 June 1862, page 4.
- ^ White 1900 Chapter VI: Gardiner and Piesley.
- ^ State Archives NSW; Gaol Description and Entrance Book; Parramatta Gaol, March 1857, No. 112, John Peisley, Item: 4/6536; Roll: 176 (per Ancestry.com).
- ^ New South Wales Reports of Crime, Etc., Etc., for Police Information, 4 June 1857 (Issue No. 37), page 1.
- ^ State Archives NSW; Darlinghurst Gaol Description and Entrance Book, No. 2687, John Peisley; Series: 2523; Item: 4/6306; Roll: 859 (per Ancestry.com).
- ^ The undermentioned Convicts, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 6 December 1860 (Issue No. 98), page 3.
- ^ District of Bathurst: Fifty Pounds Reward, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 25 April 1861 (Issue No. 32), page 1.
- ^ White 1892, p. 26-27.
- ^ Tuena, correspondentâs report dated 2 March 1861, Bathurst Free Press and Mining Journal, 6 March 1861, page 2.
- ^ Daring Robbery with Violence, Sydney Morning Herald, 26 February 1861, page 8.
- ^ The Abercrombie Robberies, Sydney Morning Herald, 9 March 1861, page 5.
- ^ Tuena, correspondentâs report dated 2 March 1861, Goulburn Herald, 6 March 1861, page 3.
- ^ The undermentioned Convicts, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 4 April 1861 (Issue No. 26), page 3.
- ^ Rockley, Bathurst Free Press and Mining Journal, 24 July 1861, page 2.
- ^ The Late Affray With Bushrangers Near Tuena, Sydney Mail, 3 August 1861, page 3.
- ^ The Late Affray With Bushrangers, Empire (Sydney), 3 September 1861, page 5; reprinted from the Bathurst Times.
- ^ Gardinerâs revolver was probably loaded with quarter-ounce lead balls (one-fourth the size of the usual ammunition), which would account for the fact that the wounds to Middleton and Hosie were not fatal; see Dr. Bowlanâs testimony: Trial of Gardiner, the bushranger, Argus (Melbourne), 12 July 1864, page 7.
- ^ Middleton and Hosie, Bathurst Free Press and Mining Journal, 28 August 1861, page 3.
- ^ Tuena, Bathurst Free Press and Mining Journal, 24 July 1861, page 2.
- ^ Police Office, Bathurst Free Press and Mining Journal, 4 September 1861, page 2.
- ^ Emma E. Middleton. "Middleton, John (1825â1894)". Australian Dictionary of Biography. Canberra: National Centre of Biography, Australian National University. ISBN 978-0-522-84459-7. ISSN 1833-7538. OCLC 70677943. Retrieved 12 September 2021.
- ^ Execution of the Condemned Criminals, Bathurst Free Press and Mining Journal, 26 April 1862, page 2.
- ^ Bushranging: Gardiner, Hosie and Peisley, Newcastle Chronicle and Hunter River District News, 20 July 1864, page 4.
- ^ White 1908, p. 217-219.
- ^ Fifty Pounds Reward, New South Wales Government Gazette, 23 July 1861 (Issue No. 178), page 1571.
- ^ Reward, New South Wales Government Gazette, 13 August 1861 (Issue No. 193), page 1721.
- ^ One Hundred and Seventy Pounds Reward, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 9 January 1862 (Issue No. 3), page 1.
- ^ Matthews, Mark. "Frank Gardiner". Ben Hall Bushranger. Retrieved 12 September 2021.
- ^ Peisley, the Bushranger, Yass Courier, 8 February 1862, page 2; a section at the end of the article reprinted from the Bathurst Times.
- ^ Highway Robbery, Freemanâs Journal (Sydney), 3 August 1861, page 5.
- ^ Charles White suggests this robbery may have been carried out by Jack Peisley; White (1900), pages 221-222.
- ^ Eden, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 16 September 1861 (Issue No. 73), Page 1.
- ^ To the Editor, letter from "John Peisley, Fish River", dated 4 September 1861, Bathurst Free Press and Mining Journal, 14 September 1861, page 2.
- ^ Burrangong, New South Wales Police Gazette and Weekly Record of Crime (Sydney), 19 September 1861 (Issue No. 74), page 2.
- ^ The Mail Robbery, Bathurst Free Press and Mining Journal, 19 October 1861, page 3.
- ^ Old Bushranging Days: Some Memories, Dungog Chronicle: Durham and Gloucester Advertiser, 11 September 1923, page 4.
- ^ Bushrangers Again, Sydney Morning Herald, 9 November 1861, page 7.
- ^ Thomas Vardy's Limerick Races Inn at Cook's Vale Creek was the location of the fatal wounding of the bushranger Fred Lowry in August 1863, at the hands of Senior-sergeant Stephenson.
- ^ Peisley, Bathurst Free Press and Mining Journal, 4 January 1862, page 2.
- ^ Committal of Peisley, the Bushranger, for Wilful Murder, Sydney Morning Herald, 18 February 1862, page 5.
- ^ Encounter with Peisley, Albury Banner and Wodonga Express, 1 February 1862, page 3.
- ^ The Murder at Bigga, Goulburn Herald, 29 January 1862, page 2.
- ^ The Meeting of Peisley and Carroll, The Golden Age (Queanbeyan), 20 February 1862, page 3; reprinted from the Wynyard Times.
- ^ The Bushranger Peisley, Bathurst Free Press and Mining Journal, 12 February 1862, page 2; reprinted from the Wagga Wagga Advertiser, 31 January 1862.
- ^ Capture of Peisley, Goulburn Herald, 8 February 1862, page 2.
- ^ Carcoar, Bathurst Free Press and Mining Journal, 19 February 1862, page 2.
- ^ Peisley the Bushranger â Murder of Benyon, Geelong Advertiser, 26 February 1862, page 3.
- ^ Smith, Jane (2014). Frank Gardiner. Simon & Schuster. ISBN 978-1922132680.
- ^ Carcoar. Sale of Household Furniture, Bathurst Free Press and Mining Journal, 31 May 1862, page 3.
- ^ Thursday, March 13th, Bathurst Free Press and Mining Journal, 15 March 1862, page 2.
- ^ Friday, March 14th, Bathurst Free Press and Mining Journal, 19 March 1862, page 2.
- Sources
- White, Charles (1892). Early Australian History: The Story of the Bushrangers, part IV. Bathurst NSW: C. & G. S. White.
- White, Charles (1900). History of Australian Bushranging, Volume I. Sydney NSW: Angus and Robertson. ISBN 0-85550-496-X.
- White, Charles (1908). John Vane, Bushranger. Sydney NSW: Bookstall Co.