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MURDER OF THE
QUEENSLAND ESCORT
(CONTINUED)
By. Fitzroy
JUDGE LUTWYCHE
The learned judge, who was deputed to preside at the trial of Thomas John Griffin for the willful murder of John Francis Power and William Patrick Cahill, at the sittings of the Supreme Court at Rockhampton, on March 16th, 1868, was Mr. Justice Lutwyche, who was the first Supreme Court Judge appointed in Queensland. He was born in February 1810, and died in June, 1891, aged 75 years. His Honour was a great stickler for the proprieties, and woe betide anyone who should arouse his wrath. He was regarded by many as a severe judge, but in those days it was held the best way to repress crime was to severely punish the offender. The judge was below middle height, and possessed a red face. In his white wig and scarlet robes he was an impressive figure on the Bench, and when he bent forward in his chair and fixed his black piercing eyes on the poor wretch in the dock and in stern, long-drawn tones, said "prisoner," before dealing out his award, it must have made the culprit almost gasp with fear.
There are many places in Brisbane named after the noted judge, and within a few hundred yards of where this is being written, is Kedron Lodge, a two story building of freestone, built for the judge in 1862. It is in the Gothic type of architecture, and when built must have been one of the finest houses in Brisbane. It is still an imposing looking edifice, but much of the large area of land that surrounded it like a park, has been divided into 32 perch allotments and built on.
GRIFIN'S TRIAL
The circumstances surrounding the murder of the gold escort were so unusual that great interest was taken in the then coming trial by the public. An unusually large number of barristers and other members of the legal fraternity were on board the S.S.Leichardt, Captain Cottier, as well as Judge Lutwyche, and the prisoner, Griffin. The last named looked better than might have been expected, and evidently was doing all he could to get people to believe he was innocent.
While the Leichardt was at Gladstone-most of the steamers sailed from Brisbane via ports in those days-an important looking person came on the vessel looking for the Judge. When his honour was pointed out to him he marched forward and presented an official-looking document, the perusal of which caused the Judge's face to grow more scarlet than ever. It proved to be a writ for the cost of a banquet previously given by Judge Lutwyche in honour of the visit of His Royal Highness, the Duke of Edinburgh, Queen Victoria's second son. The caterer on the occasion had charged excessively. So the Judge maintained, and also had failed to prepare the banquet as his Honour thought it should have been done. Later there was a very interesting action in Brisbane, but though the Judge had to pay, the writer thinks the amount was reduced. The judge was very irate when he received the writ, and said it was the first time he had heard of a judge receiving writ whilst on circuit.
Griffin had been committed for trial on December 10th, 1867, and was brought to trial on March 16th 1868. He was arraigned at the Supreme Court, Rockhampton, that he did feloniously and of malice afterthought, kill and murder John Francis Power and Patrick William Cahill. The Attorney-General (the Hon. Radcliff Pringle), and with him the Hon. Charles Lilley, Q.C., appeared to prosecute, and Mr. E. O. M. Devitt, with him Mr. H. L. Healy and Mr. S. W. Griffith, instructed by Mr. H. Milford and Mr. Rees R. Jones, appeared for the prisoner. This was Samuel Walker Griffiths' first important case, as he had been called to the bar only the previous year.
The jury included a number of business men and others who had previously or subsequently held high positions in the state. They were as follows:- William Munro (foreman), Allen Meikle, Richard M'kelligett. A. Olfaway, Jos. Marshall, T. M'Donnough, Thos. Nobbs, J. Newton, Peter Murray, C. Maddox, J. Mackenzie, and John Murray. All are believed to be dead. The prisoner was allowed to sit.
The Attorney-General opened the case at length, and stated that though the evidence against the prisoner was circumstantial, there were so many strong circumstances pointing to him as the murderer, that it was impossible that he could be an innocent man. He then called on the witnesses for the crown.
James Julian, who had been restored to his old position as sergeant of the escort, deposed that he had known Griffin for six or seven years. He referred to meeting the prisoner when he arrived in Rockhampton, and being told by Griffin he intended to send him back to Clermont with the escort. He detailed the particulars with reference to getting the money from the bank, and why he took it back again. The witness was not permitted to express the opinion that Griffin was excited or in a temper, and such little incidents, and consequently the evidence was shorn of much of its point. In cross-examination, however, Julian rather strengthened his evidence in chief. He stated that Griffin was apparently fond of Power, but disliked Cahill. Though no actual offence was disclosed against the prisoner up to the time Julian was suspended, his audience undoubtedly indicated that some desperate scheme was in Griffin's mind to get possession of the money entrusted for the escort.
Captain R.M. Hunter gave evidence about the six Chinamen calling on him for the money and gold entrusted to Griffin, and T. S. Hall gave additional particulars about the money being taken from the bank and returned again and again, while two of the subordinates deposed to the notes taken away being narrated.
Trooper Gildea stated he was at Mr. Ottley's on November 1st when Power went to get the parcels of notes, which were all put in a canvas bag, and that Griffin, at Power's request, put his own seal on the bag in Griffin’s presence so when the bag was opened at Clermont it would be clear Griffin stole the money as he had charge of it at Ottley's and gave Power a sealed bag.
The Six Chinamen, who had been stopped in Sydney gave evidence about their money which they had exchanged for gold at the A.J.S. Bank before leaving for Sydney and these notes were those in the escort bag. Each parcel of notes had Griffin's writing on it, which T.S. Hall swore to, and contained narrated notes with some exceptions that the chinamen had otherwise.
That Griffin had one of the narrated notes with which he paid for drinks at the commercial Hotel, was positively sworn to by the barmaid and landlady the note being so torn that particular attention was drawn to it and the teller's notice called to it at the bank. There was also the lose £1 note (narrated) that Thomas Pitt picked up on the road between Ashcroft's and Bedford's where Griffin went off the road and presumably dropped by him. Bedford gave all particulars of what happened at his hotel and stated that Power when he went for a bath fired a shot from his revolver, believed to be at a hawk, the state of the camp was carefully described the native police Sub-inspector stating that they found tracks that went from the camp to a log, where the person sat down, and afterwards went in the direction of Bedford's Hotel. The tracks were identical with those made by Griffin. Half the brandy taken to the camp by Griffin was still in the bottle and it contained no poison. Presumably, therefore, Griffin put laudanum in the pannikin each trooper used to drink his nip from because there was no doubt that one of the troopers vomited.
Griffin in his remarks to Sub-inspector Uhr, disclosed knowledge of poisons, saying mineral poisons were easy to detect in the stomach, but vegetable poisons, such as morphia, were difficult to trace. This explained why Griffin wished to upset Dr. Salmond so as to cause delay and to prevent his being able to analyse the contents of the troopers stomachs.
Dr. Salmond's evidence was to the effect that there was no trace of poison in the stomach of either Power or Cahill, Both men had been shot through the head. Power's revolver had one chamber discharged, all the others being charged. Cahill's revolver was fully loaded.
Sub-inspector Uhr had several conversations with Griffin after his arrest, and among other things Griffin said the bank had made a great mistake in not taking the numbers of the notes sent away. This goes to show that Griffin thought the stolen notes could not be traced, but on the other hand he might have wished to learn for certain whether the notes had been narrated or not. When asked if he could form any idea of who might have committed the murder, Griffin replied that the only person he could suggest was Sergeant Julian.
Sergeant Julian, when recalled at the insistence of the jury, made the following explanatory statement:-"I had strong reasons besides being ill for returning to Rockhampton on October 29th. I wished to return the money to the bank as I was apprehensive about the money being in my charge. The camp at the Mackenzie I considered dangerous, from the scrubby nature of the country, as people might crawl up under the bank of the river. I always preferred the open country for camping."
It was proved that Griffin was in monetary difficulties, and had to resort to all sorts of expedients to meet his liabilities. He even owed Power £20 for salary, and before Power left he received a cheque from Griffin on the Clermont Bank, where he had not a penny. This cheque was found in Power's Pocket.
BARRISTERS ADDRESSES
Mr. M'Devitt, who was a plausible and eloquent speaker, made a strong appeal to the jury on behalf of the prisoner. He endeavored to show as a proof of his innocence that he had ample opportunity of leaving the district and state if he had really robbed and murdered the troopers, instead of which he remained behind and was one of the first to search for the murderers. Counsel pointed out that bad characters were known to be prowling about the neighborhood where the murders were committed, and it was very unlikely two such strong men were shot down in the way surmised by the Crown. He tried to make a point of some seeming inaccuracies in the evidence of the Chinaman, and the fact that they had changed some notes for gold that were not narrated. He declared Mr. Hall could not be sure of the writing on the parcels of notes given to the Chinamen was Griffin's. Because the holes in the skulls of the two troopers were not of the same size, he tried to prove that one man must have been shot by a rifle. Mr. M'Devitt remarked that the fact that the troopers’ horses had not been found was consistent with his contention that the prisoner was innocent. He admitted there was great suspicion against Griffin, but he impressed on the jury that they must be certain beyond all reasonable doubt that he was the murderer, and if they were not certain to give him the benefit of the doubt and acquit him. The address lasted two hours.
The Attorney-General made mince-meat of Mr. M'Devitt's arguments, pointing out that the Crown did not need to propound a theory as to the manner in which the crime was done. The evidence clearly showed that the prisoner was in financial difficulties and needed money to pay the Chinamen and others. With regard to his not bolting after committing the murder and robbery, the prisoner knew that such a course would have instantly directed suspicion to him and he would have been quickly followed and arrested. It might be that Griffin, under pressure from the Chinamen and Captain Hunter had resolved to rob the troopers of the escort money without having recourse to the more serious crime. But having stolen the money he was led to murder the troopers to prevent the robbery from being discovered. The evidence of the torn note, changed by the prisoner at the Commercial Hotel, had not been shaken in the slightest. The two shots heard by Bedford would seem to be the act of a man who shot one knowing the other could not disturb him. If the prisoner did not murder the troopers, who did? If Griffin were innocent why had he told three different stories about the time he left the camp? The fact was he had lied and forgotten what he had previously said. People did not do extraordinary things for nothing. The prisoner pretended he went with the troopers to protect them, but every one of his actions showed the reverse.
SUMMING-UP, VERDICT, AND SENTENCE.
Judge Lutwyche then proceeded to sum up. He reviewed the whole of the evidence, showing Griffin's urgent need of money, and the starting and re-starting of the escort till the money was finally given to Trooper Power by the prisoner. Power asked Griffin to seal the bag and he had no option but to do so. "The bag was sealed," said His Honour, "and Griffin knew that if it arrived in Claremont in that state the consequences would be fatal to him. Power would be able to point to the prisoner's unbroken seal to prove the bag was in the same condition as when he received it, a complaint would be made to the Government and Griffin's dismissal would follow." The judge then read the evidence right through and finally told the jury if they found any flaw in the chain of evidence the prisoner was to receive the benefit of it. But if they considered the evidence conclusive of the prisoner's guilt, they were bound to bring in a verdict of guilty.
The jury retired to consider their verdict at 3.10 p.m. on March 20th, and at 4.12 p.m. returned with a verdict of guilty.
When asked if he had anything to say why sentence should not be pronounced o him, the prisoner, who right through the terrible evidence had borne himself with great endurance, with the exception of a temporary breakdown when Mr. Otley was in the witness-box, rose to his feet, and made a long and disconnected statement. He declared he was highly connected in Ireland, and had twice worked himself up to a position, once as an adjutant in the Turkish Contingent, and the second time in Queensland to the rank of Gold Commissioner. He had been 17 1/2 years in the public service. He could show His Honour two commissions of his father, whilst many of his near relatives occupied good positions. He once more declared his innocence of the crime for which he had been found guilty, and expressed his confidence that some day that innocence would be proved. Had he wished to murder the troopers he had abundant opportunities on the journey to the Mackenzie, at places where he could have thrown their bodies into a waterhole. He was aware that what he was saying would be of no benefit to him. There were few men who cared less for danger than he, and fewer still, who, in his awful position, could speak as well as he was doing. He thanked His Honour for hearing him.
The reader has to remember that Griffin was unquestionably guilty of a dastardly long-premeditated murder, and yet he had not one word of regret for his awful crime, nor sorrow for the grief and suffering he had caused to the relatives of the murdered men, nor apparently, for his own friends who believed in him. Evidently he had given some thought to murdering the men and throwing their bodies in a waterhole, but it must be repeated that on no part of the journey was there a more suitable place for a revolting crime as that on the gloomy bank of the river near the Mackenzie Crossing.
Judge Lutwyche, having put on the ominous black cap, addressed the prisoner as follows: - "Thomas John Griffin. You have been found guilty by a jury of your, countrymen of the crime of willful murder, and I can say that sitting in my place here, I never heard circumstantial evidence of guilt more satisfactory or more conclusive. The crime was one unparalleled in Australian history." After a few more words. His Honour pronounced the death sentence. The prisoner appeared to be affected, but was able to leave the Court with an assumed composure.
EXECUTION OF GRIFFIN.
There were some points of law raised by Mr. M'Devitt during the trial and these were subsequently argued before the Full Court in Brisbane, but in May they were all dismissed, and the execution of Griffin fixed for June 1st. The prisoner was convicted on March 25th, after a trial lasting ten days. Meanwhile Griffin assumed a careless and indifferent air while awaiting his fate. He ate and slept well, and amused himself by reading novels.
All this time the public concern in the case remain unabated, though those who thought he might be innocent were very few still, there was a great desire that he should tell the truth and confess his wrongdoing. Many clergymen visited him in the hope that they might succeed in making him recognize the vital importance of seeking forgiveness from God for his crimes. To all of these kind-hearted men he denied again and again that he was guilty. Among the clergymen who visited him was the Church of England Minister, the Rev. Mr. Botting, and the Rev. Mr. Smith, the pastor of the Presbyterian Church. Though Griffin nominally claimed the Church of England, Mr. Smith never relaxed in his efforts to get Griffin to confess to the murder and seek forgiveness for his wickedness. To all of those efforts he calmly declared his innocence.
The execution was fixed for a Monday morning, and on the Sunday night Mr. W. J. Brown, who had always been a great friend of Griffin, and was one of the last to believe him guilty, visited Griffin, accompanied by Mr. Rees R. Jones, for the purpose of making a final effort to induce the condemned man to admit his guilt. All to no purpose: he still said he was innocent, and began pointing out inconsistencies in the evidence. At length Mr. Brown said; "It is no use you saying all these things, Griffin. You have only a short time to make your peace with God, and you had better, attend to that than keep pointing out inaccuracies in the evidence. To all of which came the reply "I am innocent."
The fatal morning arrived, and Griffin was up betimes and dressed with great care in the evening dress, in which he looked particularly distinguished from his height and fine figure. The indefatigable Mr. Smith, with a devotion that would have softened the hard heart of most criminals, was early in attendance determined to miss no change to Griffin's determination.
After a prayer at the foot of the scaffold, Griffin stood up, and in a most earnest and entreating voice, 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 the judge between us all. I ask you, will you not acknowledge your guilt?" Griffin drew himself up and in a resolute voice said "No".
Griffin went up the steps to the scaffold almost eagerly, and with a firm step. He advanced to the drop and came to "attention." He told the executioner that he had nothing to give him, but if he saw Mr. Brown, he would give him something. The hangman then asked the unfortunate man if he had anything to confess. To this 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 the delay, said, "Go on, I am ready." The bolt was then drawn, and Griffin was launched into eternity, death being instantaneous. He had implied his innocence to the last, and died almost with a lie on his lip. "Without a Hope from Mercy's aid.”
OTHER PARTICULARS.
Griffin had frequently told his friends that he would die with fortitude, and his calm endurance was wonderful. The executioner was John Hutton, the official hangman, who came up from Brisbane for the purpose. A Post Mortem examination was made by Dr. Salmond, Callaghan, Robertson, and Thom.
Among those present at the execution were the following:- Drs. Salmond, Callaghan, Robertson, and Thom, Messrs A. E. Helloran (sheriff), E. Sheehy, J. T. Lee, Thos. Bellas, G. B. Shaw, J. S. Cleary, A. Feez, J. H. Mulray, John Foran, N. M. Sweeney, J. Donaldson, George Geddes, O. G. Langley, G. A. Morris, Walter Reid, W. H. L. Bailey, and others. Warder E. O'Blerne, was on duty at the scaffold. Most of the foregoing were well-known residents of Rockhampton, some having died long ago. The only one known to be alive is W. H. L. Bailey, now residing in England.
The remains of Griffin were interred in the Rockhampton Cemetery, the Rev. Mr. Smith, with all the devotion, he had shown to the dead man throughout, conducted an impressive service at the graveside. The remains of Troopers Powers and Cahill were brought to Rockhampton and buried in the Roman Catholic portion of the cemetery, where the public raised a suitable monument to their memory. The troopers were buried with military honour.
It should be mentioned that whilst Griffin was in goal awaiting execution, Sub-inspector Elliott recovered the lost horses of the murdered troopers, they were all long hobbled, not short hobbled as Griffin declared they were.