Category Archives: Australia

1986: Kevin Barlow and Brian Chambers, Dadah is Death

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On this date in 1986, Malaysia hanged Australian nationals Brian Chambers and Kevin Barlow for trafficking heroin.

The two men were nabbed together at the Penang island airport with 179 grams of heroin in their packs. While Chambers was an experienced drug courier, Barlow was a rookie; reportedly, his visible nervousness in the airport gave the game away. (He had also refused out of revulsion to pack the product into his stomach or anus.)

Although the amount they carried far exceeded Malaysia’s then-brand-new 15-gram threshold for an automatic death sentence, “Westerners” so-called had never yet actually been hanged there. The two were initially sanguine about their situation, expecting a mixture of bribes and diplomatic logrolling to do the trick.

Over the 20 months between arrest and their July 1985 trial, they realized their true predicament.

According to Bruce Dover, who covered their trial for Australia’s Herald Sun, “They turned on each other. The parents and family members who Barlow and Chambers had early agreed to ‘keep out of it’ now watched on helplessly from the court gallery, as each man tried to implicate the other in a desperate gambit that at best would send one man to the gallows while the other walked free … [and] in their efforts to save themselves, each had condemned the other to die.” In Dover’s estimation, the very best they could have hoped to achieve was to have one man shoulder the blame to save the other.

International appeals from all the usual suspects — Australia Prime Minister Bob Hawke, the Pope, various human rights organizations, and even Margaret Thatcher (because Barlow was a British-born dual citizen) — failed to move the Malaysian Prime Minister Mahathir Mohamad. If anything, the clamor only strengthened the domestic political imperative to advertise Malaysian resolve in a high-profile case against the special pleading of foreign busybodies.*

“Like many people of European descent, they [Barlow and Chambers] have assumed that a white skin was protection against local laws,” a Kuala Lumpur newspaper editorialized. “That is also the unspoken assumption among many in the foreign media who are now in this country. The two men should be hanged.”

They were.

A 1988 Australian television film about the Barlow and Chambers case, Dadah Is Death — “dadah” being the Malaysian word for drugs — is a star-studded affair, featuring Julie Christie on the marquee as Kevin Barlow’s mother in her fight to save her son, opposite appearances by then-little-known youngsters Hugo Weaving, Sarah Jessica Parker, and John Polson.

* A similar script played out in neighboring Singapore with a Dutch smuggler a few years later.

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1958: Raymond John Bailey, for the Sundown Murders

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On this date in 1958, itinerant carpenter Raymond John Bailey was hanged for one of Australia’s most sensational crimes.

This case derives its gloomy appellation, the Sundown Murders, from the same crepuscular handle dignifying the abandoned South Australia station where the bodies of Sally (Thyra) Bowman (43), her daughter Wendy Bowman (14), and family friend Thomas Whelan (22) were discovered in their Vanguard. All three had been bludgeoned and shot, as had the Bowman’s two dogs — an utterly shocking outrage.

The Outback dirt retained sign of the killer’s own conveyance with its telltale trailer; reported sightings pursuing this clue led a gigantic manhunt to the Queensland hospital where Bailey had gone to work … having driven there with a caravan in tow on a northbound course suitable to cross paths with the victims. He owned an unlicensed rifle; the theory of the case, supported eventually by a confession which Bailey repudiated as given under duress,* was that Bailey set upon the vehicle to rob it and even took the trouble to siphon the petrol — which was “dear up in that neck of the woods and Bailey’s old car and caravan would not be doing more than 10 or 12 miles to the gallon.” (Crown prosecutor E.B. Scarfe)

In the 21st century, investigative journalist Stephen Bishop has notably pitched a case for Bailey’s outright innocence. Bishop’s The Most Dangerous Detective: The Outrageous Glen Patrick Hallahan contends that the titular lawman — he’s the leftmost fella on the picture above, taken at Bailey’s arrest — railroaded the suspect, forcing him into a confession that “does not tally with other evidence” and ignoring potentially exculpatory details like footprints at the murder scene too large to be Raymond Bailey’s.

Bishop’s appeals for an official exoneration have thus far gone nowhere.

* Not his own torture, but the threat — in fact the nearby sound — of his sobbing wife being interrogated.

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1868: Thomas Griffin, gold commissioner

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On this date in 1868, disgraced Australian gold commissioner Thomas Griffin was hanged for murdering two police escorts in the course of a robbery.

He was an Irish-born constable who parlayed decorated service in the Crimean War into emigration to Australia.

There he lodged himself in the policing ranks and by dint of energy and charm worked his way up by late 1863 to the administrative post of gold commissioner in the emerging gold rush boom town of Clermont, Queensland.

“During his four years’ residence at Clermont, Griffin became widely known in the district,” according to The Early History of Rockhampton by a working journalist who knew Griffin, J.T.S. Bird.

In addition to being physically a fine manly-looking fellow, he had a very suave and attractive manner, and readily gained the favour and friendship of those whom he desired to stand well with.* To those under him he was as a rule distant and overbearing, and was by no means well liked … Ostentation and vanity, with a fondness for display, were leading traits of his character, and were noticeable to all who knew him.

One index of his no means well-likedness was the community petition that deposed him from his post in September 1867. It seems that Griffin had formed a reputation as “despotic, arbitrary and partial,” made himself a fixture of gambling dens, and had been investigated for embezzling mining revenues that he was supposed to hold in trust.

Demoted to a lower position in the same bureau in nearby Rockhampton, Griffin immediately vindicated his critics by arranging to accompany the next “gold escort” transporting valuables between Clermont and Rockhampton, along with troopers Patrick Cahill and John Power. En route, Griffin gunned the two men down by surprise on the Mackenzie River, making off with about £4000 in notes (not gold). He then unconvincingly presented himself back in Rockhampton as having separated naturally from the party, surprised as anyone that the other two hadn’t returned. Although he participated in the initial search, he was arrested within days.

Bird has a lengthy narrative of the investigation and trial; one notable aspect was early forensic experimentation with shooting sheeps’ skulls in an attempt to model the damage done by the gunshots received by the unfortunate guards — further to demonstrating that they were murdered execution-style at close range rather than shot from a distance as a wilderness brigand might do.

Suffice to say that no matter the spattering of ruminant brains, Griffin’s foul reputation made his pretense of innocence completely untenable, even though he continued it all the way to the gallows.

After a prayer at the foot of the scaffold, Griffin stood up and Mr. Smith said:

I shall meet you at the judgment seat of God; you have but a few minutes to live, and in the sight of God who is to judge between us all, I ask you will you not acknowledge your guilt?

Griffin drew himself up and said in a resolute voice, “No!”

He went up the first of the scaffold steps two or three at a time, finishing the remainder with a firm step. Stepping on the drop, he came promptly to “attention.” Griffin told the executioner [John Hutton] he had nothing to give him, but if he saw Mr. Brown he would give him something. The hangman then asked if Griffin had anything to confess.

Griffin replied in a firm voice: “No, I have nothing to confess!”

The white cap was placed in position, and Griffin, as though impatient at any delay, said: “Go on, I am ready!” The bolt was drawn, and death followed instantly.

Griffin had frequently told Dr. Salmond and others that he would die with calm firmness, and he was as good as his word.

His was the first of nine executions recorded at Rockhampton Gaol. A week after the hanging, Griffin’s grave was robbed and his head stolen.

* One early indicator of the man’s character was his seduction of a wealthy widow on the very ship he took to Australia. After quickly dissipating her fortune, he parted ways with her by publishing a fake death notice in the newspaper.

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1844: John Gavin, the first European hanged in Western Australia

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John Gavin/Gaven, a 15-year-old who had been transported from England just months before, hanged at Fremantle on this date in 1844. This was the day between Good Friday and Eastern Sunday, and Gavin was the first European executed in the new settlements of Western Australia.

Working as a farmhand, Gavin yielded to an impulse to murder the farming family that held his indenture — an impulse to whose explication Gavin was not equal during the three days between his trial and his hanging.

He slew the family’s strapping 18-year-old son, George Pollard, thinking this would leave the mother defenseless thereafter; instead, the woman was defended by Gavin’s wracked conscience which drove him to a half-hearted suicide attempt and a meek surrender.

The Perth Gazette and Western Australia Journal, April 6, 1844:

CONFESSION OF THE MURDER OF GEORGE POLLARD.

To all parties it must be most consolatory to know that, on Friday night and Saturday morning the unfortunate criminal confessed his guilt, and this in so ample and sincere a manner as to leave not a doubt on the mind of Mr. Schoales, who received that confession, that anything remained behind. The substance of the confession was that, the first thoughts of committing the crime arose in his mind within five minutes of the execution of the deed, that it was a sudden instigation, one which had been paralleled, but not frequently.

The boy sat down to dinner with his victim without a thought harboured in his mind of harm towards him. He had made up his mind to murder the mother of the family that afternoon, and as he commenced his work about the farm while the lad Pollard was sleeping, the thought flashed across the mind of the prisoner, that, if he murdered the woman first, then a lad stronger than himself remained on the premises able to take him prisoner, and that, to secure the fate of the woman, and his own safety, he must first kill the lad.

In explanation of the circumstance of his clothes being wet, the unfortunate lad stated that he went to the river, not to drink, nor to wash the blood from his clothes, but to drown himself, but that his courage failed him, such was his feeling and remorse at the act he had committed. He could state no possible reason why he compassed the death of Mrs. Pollard.

EXECUTION.

The convict was transferred to Fremantle Jail on Thursday afternoon, where he was attended with the utmost attention by the Rev. George King. On Good Friday the Rev. gentleman was in prayer with the lad before the hours of service, and again in the afternoon, and to an advanced hour of the evening. On the same evening, Mr. Schoales placed himself in communication with the boy, remaining with him during the time that the clergyman was affording the consolations of the Church. Extreme penitence, the utmost contrition, and the fullest confession, marked his behaviour. At daylight Mr. Schoales was again in attendance, and Mr. King attended at an early hour.

At eight o’clock, A.M, the preparations were complete, which were made with every attention to the proper execution of the sentence, at the same time ensuring the least possible suffering to the unfortunate lad. The prison bell then began to toll, and the melancholy procession set out from the condemned cell to the scaffold: the Sheriff and his deputies and constables, the Rev. G. King, reading appropriate passages of Scripture, the prisoner, supported by Mr. Schoales, and lastly, more constables closed the train. The boy was deeply affected, and was assisted up the steps to the platform. From this time the proceedings were rapid, and at ten minutes after eight the cart moved forward, and the criminal was launched into eternity. So light was the body, that with a humane attention, heavy weights were attached to the legs of the sufferer, a precaution the propriety of which was evinced in the fact, that apparently the pangs of the unhappy boy were very few. Having hung for an hour, the Sheriff resigned the custody of the body to Mr. Schoales, who had it cut down, placed in a decent shell, and removed for the purpose of interment.

The place of execution was about ten yards on the left of the jail, looking towards the Church. The assemblage of people was not very great, and proper precautions for decent behaviour on such a solemn occasion were taken and provided for, by the presence of the Constables and a detachment of Her Majesty’s 51st L. I., who kept the ground.

After death, an excellent mask of his face and cast of the skull were taken, for the purpose of furthering the ends of science. The head we understand is of extraordinary formation; the anterior organs being very deficiently developed, while the posterior organs are of an enormous size.

At 4 o’clock P.M. the body was committed to the earth, in the sand hills a little to the southwest of the Court-house, accompanied by Mr. Schoales alone, and carried by a fatigue party of the prisoners of the jail. There, without rite or ceremony, the remains of this miserable lad were inhumed, but though the place of his sepulchure be unknown to all yet may God grant that the awful example made on so young a lad, may ever be before the minds of all of us young or old.

Many idle reports are in circulation with the usual rapidity and volubility of public rumour. It has not been hesitated to be said, that he had confessed previous murders in England. We do, on good authority, contradict this most positively.

The whole of his previous life was fully detailed, and although it shewed a sad catalogue of guilt, yet we unhesitatingly say that this was the first and only time of shedding blood; the crime for which he has suffered is bad indeed, why then indulge in the vain, silly, and false insinuation of imaginary guilt? Why belie the memory of one who has departed from among us by the gossiping retailment of every inventtion that rises in the minds of foolish people, who seek to raise themselves to some temporary importance by asserting a more peculiar knowledge of the “facts” than is possessed by the public at large. We may say in a few words, the boy’s faults were many — let them sleep in his grave.

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1889: Louisa Collins, the last woman hanged in New South Wales

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The last woman hanged in New South Wales, Australia was the “Botany Murderess” Louisa Collins, on this date in 1889.

A transport convict’s daughter from near Merriwa, Collins was accused in the courts and the common run of opinion of murdering both her husbands with arsenic — first Charles Andrews, 13 years her senior and father to nine of her 10 children* — and then Michael Collins, the lover with whom she scandalously fell into bed while husband’s body was still warm, and indeed before: desperate to relieve the financial pressure of their large family, Charles and Louisa had taken in boarders, of whom Michael Collins was one — at least until Charles threw him out for getting too familiar with the lady of the house.

The fact that this adulterous couple immediately shacked up (and, as our principal’s surname will have signaled, shortly thereafter wed) after a stomach ailment felled the husband set tongues a-wag and eyebrows a-cock. The subsequent death of Michael and Louisa’s only child together,** and then of Michael himself, could not but appear confirmation of the very worst.

Although accused, she was only convicted once over the course of four trials.

Where murder is concerned, any one will do for the law no matter the conviction ratio. But the chain obviously smacks of an unseemly jury-shopping, facilitated by the first three panels’ failure to reach any verdict rather than acquit outright and cinched by the Crown’s convincing the court to admit at her last trial previously-barred testimony.

The hard evidence remained stubbornly circumstantial as usual with arsenic cases: her paramour and an insurance policy on her husband supplied a motive that was positive but far from dispositive, and the alleged means was nothing more than a commercial pest controller called Rough On Rats whose presence in the house would have incriminated half of Australia.† (Arsenic was also used in the sheepskin tanning industry where both of Louisa’s late men sweated their daily bread.) Neighbors fleshed out these bare bones with eye-of-the-beholder judgments against Louisa’s comportment, such as the insufficient-mourning canard that’s still a staple of wrongful convictions.

Moreover, Louisa Collins’s case became enmeshed in the era’s web of gender politics: the campaign soliciting clemency on grounds of femininity overlapped but also contradicted the simultaneous campaign for women’s suffrage, goring oxes left and right.

That gore still spatters latter-day observers of this still-fascinating affair, who in recent years have enjoyed two different volumes illuminating the respective silhouette-halves that Louisa Collins presents posterity: a woman railroaded (Last Woman Hanged, by Caroline Overington (author interview)); and, cold-blooded murderess (Black Widow: The true story of Australia’s first female serial killer, by Carol Baxter (author interview)). There’s also a recent historical novel, The Killing Of Louisa, by Janet Lee (author interiew).

Two things that all parties can agree on: first, that her quadruple prosecution makes for a troubling legal spectacle — “a collusion between the prosecution and the state and the judiciary to keep her going to trial until the desired result,” as Baxter put it; and second, that Collins’s eventual hanging at Darlinghurst was a ghastly botch. The next day’s Sydney Morning Herald reported how

The executioner signalled to his assistant to pull the lever, but the handle refused to move. It could be seen that pressure was applied, and also that the pin which held the handle in its place was fast in its slot. The assistant endeavoured to remove the pin, but failed, and in a few seconds a mallet was used. Four or five blows were applied Mrs Collins meanwhile standing perfectly upright and motionless-before the pin gave way.

The delay caused could not have been short of one minute, when the lever moved and the body fell through in a slightly curved position. After one swing to the side and in a moment it was suspended perpendicularly, with the face towards the yard. There was a slight spurt of blood, followed by a thin stream which ran down the dress and spotted the floor beneath. Nearer examination showed that the strain of the drop had so far opened the neck as to completely sever the windpipe, and that the body was hanging by the vertebra. Slowly the body turned round on the rope until the front part faced the doorway, and there it remained stationary until lowered by the executioner on to a wicker bier. Death was instantaneous. After hanging for 20 minutes the corpse was conveyed to the inquest room, and again given over to the female warders.


Poor service: hangman Robert Rice Howard, aka “Nosey Bob” after a distinctive disfigurement of that appendage courtesy of a horse’s backheel.

* Seven of these nine children by Charles Andrews survived infancy. At the time of the alleged murders, five of these children still shared the house with their parents.

** The possible murder of the infant Collins child wasn’t on Louisa’s charge sheet but remains an understandable suspicion.

† As a brand name for arsenic, Rough On Rats became a ready resource for numerous aspiring suicides and homicides.

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1943: Four Aussie escapees, at the Hotel Tacloban

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Christmas Day of 1943 witnessed the demoralizing beheadings of four Australian POWs in the Japanese camp near Tacloban on the Philippines island of Leyte.

This camp held Aussie and British war captives, but its definitive account titled The Hotel Tacloban* comes from the mouth of a lone American mixed in among them — witness to the cross-cutting tensions in this little world between the two nationalities, and between enlisted men and officers. Of notable import for this episode is the campwide resentment of the ranking British officer, one Major Roland Leeds Cumyns.

By the account of our American interlocutor, Cumyns “was the most arrogant, most conceited son-of-a-bitch I’d ever come across in my life; an impossible officer who was thoroughly convinced that God was an Englishman.” Worse, he embodied the class snobbishness of the privileged caste from whom British field officers were drawn and shamelessly aligned himself with the Japanese camp commandant Captain Yoshishito. The Australians in particular, for whom British class prerogatives were not imbibed with mother’s milk, abhorred him. “Pampered, primped and preened, the Major wholeheartedly believed that it was his manifest destiny to ascend to the pinnacle of his profession,” sneered our American observer, who fraternized mostly with the Aussies. “The Major took every opportunity to attend to his own creature comforts while flaunting his disdain for the plight of the Australians.”

On Christmas Eve, our four principals — names of Travis MacNaughton, Justice “Jassy” Colby, Larry Whitelam, and Tommy Philips, Aussies all — escaped from the Hotel Tacloban. Maybe they would have acted differently had they but known that the U.S. invasion of the Philippines would begin on the beaches of Leyte itself just ten months hence — but then again, ten months in this particular camp might have been worth the risk of one’s life. U.S. Army rangers who liberated the prisoners apparently wept to behold the “monstrous degradation” of their condition.

So thrilled that night by news of the breakout that the British and Australian sections competed in belting jovial renditions of “It’s a long way to Tipperary” and “Waltzing Matilda”, the camp by Christmas morning was tense with nervous anticipation. And as feared, right around daybreak, all four escapees were driven up on a flatbed truck, “badly beaten, blindfolded and bound in chains.” The entire camp was called to assemble for what came next, not excepting those in the infirmary who were carried out and propped up by their unwilling comrades, for “no ones was to be spared the executions.”

When everyone was present, Captain Yoshishito advanced and stood impassively beside the Major, both of their backs turned indifferently on the open space separating them from the four condemned Aussies on the back of the truck. With Yoshishito was the Executioner, a scabbard hanging from his hip, its tip dragging along the ground, the handle on the ceremonial sword itself almost a foot long and tucked up under his arm. Expressionless, their hooded eyes darting left and right, Yoshishito’s lieutenants stood poised and alert in front of Travis, Jassy, Larry and Tommy.

…

Tommy was reacting the worst; he’d gone completely to pieces. He was crying hysterically and had to be dragged kicking and screaming by the guards. Jassy and Larry were sobbing to themselves, struggling hard not to collapse. Travis was the only man who had not broken down. Standing ramrod straight, no sign of fear visible on his bearded face, he calmly asked that his blindfold be removed. The Major, with Captain Yoshishito’s approval, granted Travis’s request, and one of the Japanese officers untied it and pulled it off. And even though he stared directly into the rising sun, Travis didn’t blink. His eyes were glowing fiery red.

The guards separated the men four paces apart. They motioned for Travis to kneel in the dust with his head bent forward and he did so, without hesitation. The Executioner drew his sword and moved beside him. Dawn cast long shadows across the prison yard — the moment seemed arrested by the level sun.

I wanted to look away as I watched over the shoulder of the man standing in front of me, but there was some crazy compulsion to see. Try as I might, I couldn’t move my eyes from the blade on the ceremonial sword, which was long and slightly curved, but neither heavy nor thick nor ornate. Both hands on the hilt, the Executioner raised it above his shoulder, the sunlight momentarily glinting off the steel, then he brought it down.

I closed my eyes when he hit Travis — I couldn’t watch anymore after that — I just stood there with my eyes shut tight, hating myself and shivering inside, wanting desperately to cover my ears with my hands. But that wasn’t allowed, and three more times I heard that awful sound (the little bastards saved Tommy for last, for the devastating psychological effect), and then there was silence. Merciful silence. And in that absence of sound that followed the beheadings of Travis MacNaughton, Justice Colby, Larry Whitelam, and Tommy Philips, there wasn’t one man, Brit or Aussie, who didn’t know deep in his heart that the Major had to go. Speaking for every man there, Sgt. Major Goodhall, good soldier of the disgraced English Army, a man who’d been turned inside-out by his commanding officer’s treachery, a man who could no longer stand idly by while his honorable world crumbled around him, with utter contempt, turned and spit in the Major’s face.

Stunned speechless, his eyes blinking rapidly and his jaw muscle twitching uncontrolably, the Major quickly wiped the spittle away, then proceeded to strip Goodhall of his rank and ordered him placed under arrest. “Was there to be no end to the insults heaped upon him?” he seemed to be thinking. The man was insane.

Captain Yoshishito was astounded. It was inconceivable to him that ordinary soldiers of any army would demonstrate even the slightest hint of disrespect to their commanding officer. Such acts of defiance ate away at the very foundation upon which the chain of command is structured. Yoshishito stood there bewildered, regarding the situation with total disbelief — genuinely grieved that his brother officer, our lovely Major, had once again been publicly disgraced. Regaining his senses, Captain Yoshishito quickly signalled to his lieutenants, who selected eight Australians at random to dig graves and bury the dead. Then, speaking through a Filipino interpretor, he notified us that we were to be denied the right to conduct funeral services, that there would be no general issue of rice for the next two days, and that only the minimum water ration would be distributed, British officers excluded. The Australian officers were offered the same exemption, but flatly turned it down.

No one waited to be dismissed. Everyone just turned around and walked back to their huts.

The camp’s Aussie enlisted men drew straws the following morning for the responsibility of visiting their collective judgment on Major Cumyns. As night fell on Boxing Day, two of them garroted Cumyns in his tent, while their American adoptive comrade stood lookout.

* The Hotel Tacloban is by the American journalist Douglas Valentine, drawn from his conversations with (and primarily in the voice of) his father, the actual POW — also named Douglas Valentine. It’s a brief and compelling read, and it had an importance to the younger Valentine’s subsequent path quite surpassing the fact that it was his first book: Valentine’s empathetic portrayal of military men and the grim realities of war impressed CIA Director William Colby so much that Colby facilitated Valentine’s requested access to dozens of agents involved in the notorious Vietnam War-era assassination campaign, the Phoenix Program. The resulting interviews in turn led to Valentine’s still-essential tome The Phoenix Program and a subsequent career focus on the Agency which has produced (along with a great many articles) a book about intelligence coordination shaping the War on Drugs titled The Strength of the Pack, and the more recent volume, The CIA as Organized Crime. In Valentine’s own estimation, “Tacloban was key to unlocking the CIA’s door.”

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1789: Ann Davis, the first woman hanged at Sydney Cove

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The first woman hanged in colonial Australia was Ann(e) Davis, on this date in 1789.

Convicted in London “for feloniously stealing, on the 27th day of April, eight pair of silk stockings, value 8s. the property of James Atkinson,” Davis was one of 101 female convicts transported to Sydney Cove with the First Fleet aboard the Lady Penrhyn.* Davis would have been in the crowd of onlookers the year before when the fledgling colony conducted its very first execution.

This spectacle did not un-sticky Davis’s fingers, for she was sentenced in Sydney Cove for again plundering wardrobes to the tune of

four linen shirts of the value of twenty nine shillings and six pence; one cheque shirt of the value of four pence; one linen waistcoat of the value of two shillings; two cambrick handkerchiefs of the value of three shillings; one silk waistcoat of the value of two shillings; one dimety waistcoat of the value of eighteen pence of the goods and chattels of the said Robert Sidaway; and one linen bed gown of the value of two shillings; one linen apron of the value of eighteen pence; two linen caps of the value of sixpence; one piece of a cap of the value of one penny; one muslin handkerchief of the value of six pence; and one pair of linen pockets of the value of one penny of the goods and chattels of Mary Marshall in the same dwelling house.

Davis attempted to plead her belly, failing to impress a jury of matrons impaneled to scrutinize her for pregnancy.

Seaman Jacob Nagle piteously recorded her end:

Some time after this, one of the wimen [Ann Davis] stole some wet clothes and was condemned and hung. She strove to bring a free man in guilty that belonged to our ship that was on duty on shore, it being proved by a number of witnesses that he was innocent and new nothing of it. Otherwise, she might have been saved, as the Governor left it to Captain Hunter, but he would not for give her, and when brought to gallos, leading her by two wimen, she was so much intocsicated in liquor that she could not stand without holding her up. It was dreadful to see heir going to aternity out of this world in such a senceless, shocking manne.

As noted by Australia’s Dark Heart the experience of dispatching this creature might have been especially traumatizing to the colony’s unwilling executioner James Freeman — for he was found roaring drunk a few days later and punished with 100 lashes.

* After discharging its human cargo, the Lady Penrhyn proceeded upon further circulating in the Pacific and the Far East; in 1788, she sighted and named the Cook Islands atoll of Penrhyn.

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1842: The prisoner-mutineers of the Governor Phillip

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On this date in 1842, four men hanged in Australia for the mutiny on the Governor Phillip.*

In this abortive rebellion, a dozen prisoners being carried on the aforenamed brig off the coast of Norfolk Island capitalized on the inattention of their guards and attempted to commandeer the vessel. By every account it was an unpremeditated affair, simply an attack of opportunity when the prisoners realized they’d been carelessly left free on the deck with only two guards, who were speedily thrown into the drink. (One drowned.)

Their aspirations at this moment ran along the lines of Fletcher Christian: merely to escape.

“Captain Boyle, I want to make a proposal with you,” one of the mutineers shouted at the momentarily deposed skipper while the latter was barricaded in his cabin. “Give us provisions and sails, and we’ll take the boat and leave you.” No deal was struck; instead, within a matter of minutes, the crew and guards rallied and took back the ship. It was the least they could do since, as one news article put it, “it certainly says little for their vigilance or prowess that such an attempt could have been made with any chance of success by a handfull of unarmed men.”

Five prisoners and the one drowning guard died in the scrap.

The seven surviving mutineers were left to stand trial for piracy, four — John Jones, John Sayers, Nicholas Lewis and George Beaver — of them ultimately consigned to the gallows at Sydney. (Two reprieves and a non-prosecution spared the remainder.) They arrived thence “so firm, yet in so resigned and devotional a state of mind” for they had “gradually become aware of their awful situation and received … those aids and consolations of religion” whilst “fully acknowledging the justice of the law.”

* The ship was named for Arthur Phillip, who commanded the First Fleet that founded the first British penal colony in Australia in 1788 — the germ of the eventual city of Sydney. (Named for Phillip’s patron, the Viscount Sydney.)

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1860: George Waines, forensically boned

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From the Melbourne Argus of 14 July 1860:

The case of the convict [George] Waines appears to excite considerable interest in the public mind, especially since it has become known through our columns that he made a confession which had not previously been made public. We are now in a position to place before our readers the confession of the wretched man, and also the fact that his death-warrant has reached the sheriff, to be carried into execution on Monday next. [Monday, July 16, 1860 -ed.]

Upon a careful perusal of the confession, it will be found that the prisoner’s version of the whole circumstances connected with the crime would, if true, very materially alter the character of the offence for which he is condemned to die. It will be remembered that the hypothesis presented to the jury was that the prisoner went to the house of the Hunts, and in cold blood murdered them in order to escape a pecuniary liability. [Waines owed them 50 quid. -ed.]

His confession now made, under sentence of death, would show a state of things so entirely different, that had he revealed the facts in the first instance, the probabilities are, although in strictness of law the act might have amounted to legal murder, a jury would have been inclined to find a verdict of the lesser crime of manslaughter, or, at all events, that the Executive would mitigate the punishment to that of the minor offence. It is remarkable also that, although Waines admitted to several persons the fact of his having murdered the Hunts, the circumstances attending the commission of the crime were never clearly elicited until his present confession; and, indeed, as, far as they were elicited, a reference to the evidence would go to show that the deed was perpetrated under the smart of an imputation cast upon his wife.

The second point on which the confession, if true, would affect his case, is as to the identity of the bones of Mary Hunt. According to his statement, it would appear that every vestige of the remains of that unfortunate woman was destroyed before he exhumed the body of her husband, thereby showing that the medical testimony was wholly at fault in convicting him of the murder of Mary Hunt. With regard to this last point the convict is most anxious that the fact should, before — or even after — his execution be investigated; and certainly with regard to the science of medical jurisprudence, it is most desirable that such a course should be adopted, even with a view of proving whether or no the conviction is not a wrongful one. In the administration of criminal justice the slightest irregularity has frequently been held sufficient to warrant a commutation of punishment. A remarkable instance of this is on record where a learned judge, in sentencing a man to death, omitted to direct that he should be buried within the precincts of the gaol, the consequence of which omission was that the prisoner was set at large.

The convict, by his confession, offers to state what “he did with the bones of Mary Hunt,” on receiving an assurance that the bones which were deposed to as being hers should be subjected either before or after his death to surgical examination.

At the interview with which Waines was favoured the wretched man made the following extraordinary and startling statement. He confessed to having murdered both the man and wife in the manner detailed in his written statement, and that he buried them as therein mentioned. After a lapse of eight months, finding that inquiries were being made about the Hunts, he, understanding that he could not be found guilty if the remains were not identified, proceeded to disinter the bodies, with the intention of burning them to ashes. The night which he chose for this purpose happened to be bright moonlight, and his description of the dreadful scene is horrific in the extreme. His mind had been for a considerable period in a dreadful state, and at midnight he proceeded to his revolting task. He first disinterred the body of Mary Hunt, which he describes as being in a state of decomposition, with the rotten clothes clinging to the bones. On that lovely night he lighted a fire, and putting the ghastly remains on it, burned every vestige to ashes.

After having done so he found one piece of bone, a few inches in length, which, in his desire to destroy every trace of the unfortunate woman, he took up and pulverised with his hands.

The prisoner states that, having so destroyed every trace of the wife, he next proceeded to exhume the body of the husband, with the intention of destroying it in like manner. He so far succeeded in his horrid purpose as to disinter the body, when he became on that lovely moonlight night so perfectly horror-stricken, that he says he was wholly unable to proceed with his terrible work. He states that then, finding himself so perfectly unnerved, he hurriedly gathered the bones together, put them in a sack, and, rushing to the banks of the river, threw them into a waterhole. At this time the moon shone out brightly, and the wretched man states that, standing on the banks for a few minutes, he saw the sack with its ghastly contents rise to the surface. Horror-stricken as he was, he pulled it ashore, and filling the sack with earth and stones, finally sunk it. He admits that when in prison he made the confession to Brown, the detective, which led to his conviction; but it certainly is now a serious question whether, if this confession be true, a conviction of this kind ought to be confirmed, seeing the frightful consequences that might ensue from persons being found guilty of murder without clear proof of the corpus delicti.

In this case Waines was, on the surgical evidence that the bones were those of a white woman, convicted of the murder of Mary Hunt. If his confession be true — and under the circumstances there can scarcely be any reason for doubting it — the bones were those of a man, and although he confesses to the crime, it is not difficult to perceive how easily an innocent man might be convicted on similar testimony.

The following is the confession, as stated in the letter of Waines to his counsel:

Melbourne Gaol, July 8.

As a poor unfortunate prisoner now under sentence of death, which sentence I believe to be irrevocably fixed, I hope you will pardon me for taking the liberty of writing to you. I wish to inform you that, before I die, I have got what I think a duty to perform, likewise a request to make; and to show you that it is what I think as much a duty as a favour, I confess at once that I am guilty of the murder of Mary Hunt but not wilfully, as Brown stated in court. At the same time, I do not feel justified in doing it; but I hope, by a deep repentance and sorrow for my past conduct, and by faith in Jesus Christ, who died to save sinners, of whom I am chief, that the Lord will pardon my sins. It was not done for the money; I had no call to do it for that; it was done for Mrs. Hunt calling my wife a b—- w—-. After I had paid Hunt all that was due to him, he asked me if I would let them have the hut to live in for a fortnight. I told him I could not, as I had got a married couple coming the next day, and they would want to live in it. With that Mrs. Hunt spoke up, and said, “That’s the doings of that b—- w—- at the Wannon. She knows that I want to stop in the hut until you come from Portland.” When she said that, I was just going to the wood-heap with the axe in my hand, and I struck her over the head, and she fell. Hunt was at the wood-heap at the same time, and took up a lump of wood, and ran at me to strike me, and I struck him instead; and that is the way they carne by their death, which I was very sorry for; but I could not call back what was done. I thought once of confessing it; but I afterwards turned afraid of it, thinking I might be blamed and executed for it, as though I had done it wilfully. I afterwards buried them in separate places, for eight months. I then took the body of Hunt, and put it in the river. I never cut it up. The bones came separate when I took them out from where I buried them. As for Mary Hunt’s body, I can call God to be my witness that there never was a bone of Mary Hunt’s in the river, nor yet before the coroner’s jury. And I can say with truth, that had the witnesses sworn nothing but the truth, although I was guilty, neither judge nor jury would have found me so. I do not say this to screen myself; if I did, I should not plead guilty. The doctors not being so clever as they profess to be, and knowing they must pronounce it to be one of the two, they pronounced it to be that of a female, which I can call God to be my witness that there is not one female bone among them. I will make a full confession to the public, with the hope that it may be a warning to some one who may not have sufficient guard over his temper as was the case with myself. I think it my duty, and my request is, to beg of the Government to have the bones brought to Melbourne, which, if they would, I know they have got the means of proving what they are, and I am as certain as I am of my death that there is not one female bone among them. If the Government will do that, I will then tell them where Mary Hunt’s body is. My conscience tells me that it is quite as equal a duty of the Government to have the bones tested as what it is of me to make a confession. The expense would be very little, and time very short; and although I be guilty, it might be the means of saving some one that was innocent at some future time, by being a caution to Government how careful they ought to be, in a case of life and death, in taking a doctor’s evidence, by giving a random guess at a thing I am certain they do not understand. I have no doubt but they will try to keep the Government from doing it on account of their own credit. If the Government will not do it on account of delaying my execution — if they will only promise me to do it after I am dead, and bring the same to the eyes of the public, I will then tell them before I die what I did with Mary Hunt’s bones. I am convicted of my own confession [Waines was entrapped by a detective who posed as a fellow-prisoner and elicited his admission -ed.], and I think it ought to be proved, which it might have been if they had taken my words for it. When they pronounced it to be a female, at the first I told them it was not, and the evidence of Chaffe will show it. He swears that I told him it was that of a man — and that I can swear, and swear the truth, till the last moment I have to live. What I said with reference to Hunt’s going away, it was quite natural I should say to clear myself if I could. But what I say now the Government, if they wish, can prove to be the truth; and if they will, I think they might still have mercy on me, and save my life, when they prove the truth of my statement and the doctor’s error. Even if they do not save my life, it will be some satisfaction for them to know that the doctors were wrong. If I were not certain that they are, I would not say so. I know the doctors in Melbourne can prove it; and, therefore, I should only be keeping myself longer in suspense, which would be worse than death. As to other charges which have appeared in the papers, I can only say, with a clear conscience to my last moment, they are all lies, raised by my enemies with the hope, in my opinion, of poisoning the mind of the Government, from fear that I should have a chance of escape by the point of law which was reserved. I was never charged with anything in my life before of which I need fear anyone knowing. I hope the Government, after convicting me by my own statement, will feel it their duty to prove my statement thoroughly correct, when they have got the means of doing it so easily; and if they do, I call God to be my witness, they will find what I have stated to be the truth.

GEORGE WAINES.

Sir, I am quite satisfied that you have done all you possibly could in defending my cause and trying to save my life, although you were unable to do so. For what you have done, may the Lord bless you!

I think, sir, if you would be so kind as to ether see or petition His Excellency the Governor, he might grant my request, and have the remains of the body brought to Melbourne. If he would, I call God to be my witness that they will find them to be as I have stated. If you will do so, I am quite certain that whatever extra charge you make for your trouble, either Mr. Scott or my poor wife will pay you, whether you save my life or not. I admit the sentence is just as regards my guilt, but I think, as regards the law, my life ought to be spared. I think it quite unreasonable to execute a prisoner for the murder of a woman on the evidence of the body of a man, which man I was not tried for. Had they tried me for the murder of the man instead of the woman, I should never have written this.

Sir, – will you please to let me have an answer to this,

Your obedient servant,

GEORGE WAINES.

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1919: Frank Willis, but not by Bill Fisk

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The futile last appeal of Australia-born artillerist Frank Willis — before his execution at La Havre a century ago today for killing a British policeman — ran thus:

I am 20 years of age. I joined the Australian Army in 1915 when I was 16 years of age. I went to Egypt and the Dardanelles. I have been in a considerable number of engagements there, & in France. I joined the British Army in April 1918 and came to France in June 1918. I was discharged from the Australian Army on account of fever which affected my head contracted in Egypt. I was persuaded to leave my unit by my friends and got into bad company. I began to drink and gamble heavily. I had no intention whatever of committing the offences for which I am now before the Court. I ask the Court to take into consideration my youth and to give me a chance of leading an upright and straightforward life in the future.

This young man’s shooting detail was to have been commanded by Second Lieutenant Bill Fisk of the King’s Liverpool Regiment the father of the great Middle East correspondent Robert Fisk. Fisk has written frequently about his father’s refusal to conduct the execution, which the son says cost his father his military career and was also “the noblest act of his life” although it made no difference at all to the fate of Frank Willis.

Thanks to the investigatory exertions of the Great War Forum, it appears that “Frank Willis” was a pseudonym, and the true name under which this man joined and deserted the Australian army before his British enlistment was Richard Mellor. Mellor’s mother spent the rest of her life vainly petitioning authorities for information about her son’s fate.

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