MURDER OF THE CLERMONT ESCORT
By: -Fitzroy
EARLY LIFE OF A BAD MAN
In the annals of crime in Queensland in the early days of settlement no misdeed stands out with greater prominence than the dastardly and cowardly murder of the Clermont gold escort, Troopers Power and Cahill, by Thomas John Griffin, Police Magistrate and Gold Commissioner, and all the rest of it, on November 6th, 1867. The writer has often thought the whole circumstances over to see it, in the interest of fair play, some extenuating circumstances might be found, not to excuse the foul deed, but to lessen the rancour most people must feel at such a deed of violence. All in vain, for looked at in any light the crime always appears as an act of diabolical treachery and cruelty to two men who had done him not the slightest harm, were ostensible under his charge and protection, and whose death did not, and could not, free him from the difficulty his villainy had got him into. The late W.R.O. Hill, so long a valued police magistrate in this state, who died only a few months ago, aptly described Griffin's character in a few words: - "He had a very pleasant manner to those whom he desired to conciliate, but was abrupt and tyrannical with those whom he regarded as inferiors, always a bad symptom in man or woman."
He likewise had an utter disregard of the feelings of sufferings of others, but if fearlessness be a virtue, he could perhaps he lay claim to that as his solitary good quality.
Thomas John Griffin is supposed to have been born in County Sligo, Ireland, his father being a County Inspector of Police. Young Griffin who no doubt was a tall well-built youth, joined the famous Irish Constabulary when about eighteen, and was assigned in clerical work. When the Crimean were broke out many of constabulary joined the British forces and among them Griffin, who later obtained a cornetey in the Turkish Contingent. He is credited with having distinguished himself and no doubt he did, for he was a fine swordsman and a good shot. The war over he, with others from the war, was given a passage to Australia, arriving in Melbourne about the end of 1856.
On the voyage out he ingratiated himself with a widow named Crosby, and finding out that she has some ready cash he married her, and soon spent all of her money he could get hold of. He soon tired of his wife, who was older than himself, and went off to Tasmania or New Zealand, and got someone to put an advertisement in a paper recounting his death, and also a letter telling how it happened. Griffin then took ship for Sydney, where his war credentials gained him a place in the police, and he became acquainted with William John Brown, afterwards Sub-Collector of Customs at Rockhampton.
Meanwhile the Canoona Rush had taken thousands to the site of Rockhampton, and though the rush did not come up to expectation many liked the country, and the new township soon attracted men and women who desired to settle in the new land. This meant that police had to be sent up from Sydney, and Thomas John Griffin received the appointment in place of Chief Constable M’llwraith, whose headquarters were at Gladstone. From the end of the 1860’s, for a couple of years, he held the position of Chief Constable in Rockhampton and then was promoted to a similar position in Brisbane. In 1862 Griffin was appointed acting clerk of petty Sessions in Brisbane and the next year was gazetted to the full appointment. All this while he was trying by every means to ingratiate himself with people of position and power, and so was appointed Gold Commissioner and then Police Magistrate at Clermont, at once taking up his duties.
GRIFFIN AS POLICE MAGISTRATE.
Griffin made one or two trips in charge of the escort, and visited Rockhampton in great style on occasion. He had a little gambling coterie in Clermont, but his decisions on the Bench were so outrageous that at length a petition was got up to have him removed, and he was then transferred to Rockhampton, as Assistant Gold Commissioner to John Jardine.
It will be observed that during Griffin's four years in Clermont as Police Magistrate his real character began to assert itself, so far as Queensland was concerned. He was a tall finely built man of a commanding and domineering type, and would brook no opposition from anyone who was in anyway subordinate to him. To his acquaintances he was at times fairly agreeable, but always ostentation, impressing them with high connections and the power that he possessed with the Government and high authorities in Brisbane. He rode about, in uniform, often with any orderly, and exhibited a nauseating amount of "swank." He assumed powers that he was not entitled to, and in many of his decisions on the Bench he neither studied law, justice, nor equity.
Such a man was bound to become unpopular, and as the "Telegram" was at times very outspoken, a good way to stop its remarks was to shut it up.
THE CAUSE OF THE TROUBLE
Though Griffin, in consequence of gambling losses and other extravagances, may have been frequently short of money, so far as is known he had always kept within the law. But a few weeks or perhaps months before he was removed to Rockhampton, he had received from six chinamen gold and money to be sent to Rockhampton in safe custody. The value of this was between £200 and £300. Probably with such a sum in his care he was tempted to put it to his own use, and lost it gambling.
What is known is that having left Clermont for good he arrived in Rockhampton on October 19th, 1867, and was told by Captain R. M. Hunter, who was probably the agent for the Chinamen, that these men had been inquiring about their money and gold, given to Griffin to send by Escort. Captain Hunter naturally informed the Chinamen that Griffin was in town. The Chinamen then worried him day by day for their money, and were put off by one excuse and another.
Two days before Griffin arrived in Rockhampton, the Escort, consisting of Sergeant Julian and Troopers Power and Cahill, had arrived in town with 2800oz. of gold. Griffin at once told Julian that he intended to send him back to Clermont with the cash to pay for the next lot of gold the bank in Clermont purchased. It is clear this ex-Police Magistrate had formed a scheme by which he should steal this cash after it was placed in charge of Julian, pay the unfortunate Chinamen, and have a nice sum in addition.
Sergeant Julian, who was a very capable, shrewd officer, no doubt knew something of the fix Griffin was in, and throughout acted with great caution not to give his superior an opportunity to fix any blame on him. It is also probable Julian hinted some of his suspicions to the troopers.
CASH GIVEN TO ESCORT.
The escort troopers camped near Rockleigh, the residence of Mrs. Ottley and her daughter, the latter of whom was said to be engaged to be married to Griffin. In order that present day readers shall know the locality it may be further explained the camp was near the Duck Pond, on the Crocodile-road, four miles from town. Now with regard to this cash, practically all in paper money, every note was "narrated" (the numbers taken) before leaving the Australian Joint Stock Bank.
On October 26th Sergeant Julian received an order from Griffin to get the money (£8151) from the bank and take it to Clermont, with the usual escort. This Julian did, arranging to meet Cahill at the Railway Hotel. Cahill did not turn up, and at 3.30 p.m. Julian took the money back to the bank instead of taking it to the camp. Griffin was told of what had been done and having promised to sack Cahill, sent Julian for the money the next day (27th). Julian received the money again and at 4 O'clock Griffin, Julian, and Cahill rode out to Stanwell and camped. Julian put the bundles of notes under his blankets and laid on them, a little way on the road. At 3 o’clock in the morning Cahill was ordered to look for the horses, and Griffin brought his blankets nearer to where Julian was lying. Griffin was uneasy and appeared to be watching Julian, who pretended to be examining his revolver. This continued till Cahill returned with the horses and the day broke.
They were preparing the horses for the road when Griffin asked how much money Julian had, and whether the notes were all signed, as sometimes they were signed at Clermont. As they went along, Griffin kept looking back, evidently thinking they would fall off their horses from the poison they were supposed to have taken in the tea. As the men did not drop off as expected. Griffin said he had left a parcel of gold behind, and ordered them back to camp near Ottley's. Griffin took off telling the troopers they would not start till the next day, but directly he was out of sight Julian took the money back to the bank once more. SERGEANT JULIAN SUSPENDED.
Griffin saw the troopers returning after leaving the money at the bank, and when told what had been done suspended Julian in the street and appointed Power to his position. Julian gave up his revolver to Power, and one may be sure gave him good advice. Then Griffin went to Mr. Tom Hall, manager of the bank, and told him what he had done. Hall said he would only send half the money with Power, as he was new to the responsibility. Power got the money and went out to the camp, and Griffin came and took it to Ottley's house for safe keeping that night. When Griffin knew Julian was out of the way he told the boss of the Chinamen he would pay them in the morning, the 30th, and when at Ottley's he took a roll of notes out of the bundles, and went to town and, according to appointment, paid the different Chinamen their amounts, £259 in all.
POWER SEALS HIS FATE.
Most people will wonder what Mr. Hall thought of all this extraordinary carrying on with the money. It must have been plain that Julian strongly suspected Griffin, and had ample cause for doing so. Mr. Hall had no doubt been friendly with Griffin when Hall was the manager of the bank at Clermont, and held him incapable of such a mean dastardly action as to wish to rob his subordinates in order to save his own skin. The troopers remained in camp all day, Griffin having taken the money to Ottley's. When Griffin brought the parcel of notes to Power the next morning, the latter wanted to see it repacked, but griffin told him it was exactly as it came from the bank. Power felt there was a vacant space in the parcel where the roll of notes had been taken out, and he raised some excuse to cause delay and sent in and asked Mr. Hall to come out and see that the parcel was all right before they left. This Mr. Hall did, and came out on November 1st to see why there was so much delay. Griffin said the horses had been lost.
Mr. Hall asked Griffin to seal up the mouth of the bag in which all the money was supposed to be, but Griffin said it would only be broken with the friction of the pack saddle. Shortly afterwards Power asked Griffin to seal the bag, and as he expected Power would refuse to take it unless it was sealed he did so. Thus Power had one bag from which he thought a parcel of notes had been taken with Griffin's seal on it, and on arrival at Clermont if some of the notes were gone, Griffin would be held responsible for the loss. This act sealed Power's fate, and no doubt Griffin then resolved definitely to kill him.
These explanations of the sending away of the escort are somewhat tedious and confusing, but it was a battle of wits between Julian and Griffin, and it serves to show the cruel relentlessness of Griffin to have the money at whatever cost and to place the onus of the theft on his innocent subordinates. As a young inexperienced man Power had done his best in saving Griffin put his seal on the bag of money, but in reality it would have been better for himself and Cahill had he not insisted on it being done.
THE DEATH CAMP.
It must be understood that John Francis Power and Patrick William Cahill did not belong to the regular police exactly, having been detailed specially for escort work. They were probably lacking in the sagacity and shrewdness acquired by thorough police training. They were young well-connected Irishmen, with plenty of daring, and probably considered they were quite capable of holding their own should Griffin attempt anything. Still there was abundance of proof that at least Power suspected Griffin, but had nothing really definite to go on to lay a change, or to refuse to obey his orders.
After delays that had lasted nearly a week, Griffin, Power, and Cahill, with about £4000 in notes, left Ottley's camp. All were in plain clothes. Power and Cahill armed with revolvers, and Griffin without any visible arms. Before Griffin left he distinctly told Mr. Hall that he would go no further than Gogango, 40 miles from town, and expected to return the next day. He told the accountant of the bank he would go no further than Westwood or Sebastopol.
What really occurred on that dreadful journey will never definitely be known, but Power in particular must have kept a keen eye on Griffin's movements. However, there is reason to believe Griffin made one or two attempts to kill them before the Mackenzie Crossing was reached. Griffin rode behind them, and at one place fired at Power through his revolver case, the ball going through Power's coat. He apologised, explaining that the weapon had gone off accidentally.
On November 4th they arrived at Ashcroft's accommodation house at The Dam, 26 miles from the Mackenzie River. Power and Cahill went some little distance from the house and camped, but Griffin went back to the house and frightened Mrs. Ashcroft by flourishing his revolver about and ask in the morning and he and Griffin agreed to leave in company.
At that period the Mackenzie Crossing was a weird sort of place at night-time, with its tall moaning gum trees, howling dingoes, and little patches of scrub. At least the writer found it so when camping there alone a year earlier, almost in the very spot the troopers were done to death.
About 8 O'clock the troopers went to their camp from Bedford's taking a couple of bottles of beer with them, and soon after Griffin, with a pint of brandy, also went to the camp. At 2 O'clock the next morning, November 6th Bedford was awakened by what he took to be a pistol shot. Lying dosing he heard another shot, and found it was half-past 3. At 4 o'clock Griffin arrived at Bedford's. He had a tired appearance and said he had lost his way. Bedford asked about the pistol shots, and Griffin said Power had lost his way looking for the horses, and fired to attract the camp. He said he heard only one shot.
GRIFFIN RETURNS TO THE ROCKHAMPTON.
Having accomplished his foul and dastard purpose Griffin accompanied by Bedford, started for Rockhampton. Griffin made Bedford keep in front of him, apparently having a lot of trouble with his swag. A few miles from Ashcroft's Griffin dismounted and went off the road for a purpose. Later in the day, at this spot, a man picked up a £1 note that proved to be a "narrated" one from the escort bundle. That night Griffin and Bedford reached Gainsford, and the next day arrived at Rockhampton, and the two with a friend called at the Commercial Hotel for refreshments. Griffin tendered a torn £1 note, which there was some demur about changing, so that the barmaid and landlady both had a careful examination of it. That also was a "narrated" note, and the next day attention was drawn to it at the bank.
On November 8th Griffin went to Sub-inspector Elliott's office, and explained to the police officer, that he had gone to the Mackenzie to see the troopers safely on their journey. Elliott said he had often wondered why the troopers were not stuck up going through the scrubs where they could be fired on by bushrangers who were shattered. Griffin replied it would never be done that way, but near morning when they were in camp and sleepy.
That afternoon Griffin galloped to Elliott's office and asked if he had heard the troopers had been found dead in camp at the Mackenzie? Elliott said "No," and asked for particulars, but just then Constable Moynihan rode up with a telegram from Sub-inspector Uhr, telling of the murder. Both read it and Griffin exclaimed: "My God, I left them at 1 o'clock at the Mackenzie, with Cahill on watch." Elliott remembering their conversation of a few hours previously instantly suspected Griffin, but resolved to act with great caution.
Griffin saw T. S. Hall before the party started, and told him Julian had been laughing and saying he was well out of it. Mr. Hall asked: "However did those fellows get the poison." For the first report was that the troopers had been poisoned, it's all a trumped up yarn - a false report. They are shot, and you will see if they are not." This remark was exceedingly incriminating for all stories said the men were poisoned, and that pigs had died through eating the vomit, Sub-inspector Uhr, who had seen the bodies, and ridden 100 miles in ten hours to report the affair, with one arm in a sling, thought the men had been poisoned, and no one had any idea the troopers had really been shot. Even to this day, the same delusion exists. Quite recently the writer saw in a southern paper an allusion to Griffin poisoning the Clermont escort and being hanged for the offence in Brisbane Gaol. As will be shown presently both troopers were shot, and there was no evidence that either had been poisoned, though possibly they had been given laudanum to make them sleep.
It seems likely Griffin agreed that no bushrangers, or robbers of that type, would be able to poison the troopers though they may have been able to shoot them whilst asleep. If they were poisoned it would have been at the hands of someone they were on drinking terms, with, and there was plenty of evidence that no one had such a chance of introducing poison as Griffin, was the last man with him. THE DEAD TROOPERS
A fairly large party, including Dr. Salmond, the Health Officer, Sub inspector Elliott, Detective Kilfeder, Griffin, Julian, H. P. Abbott, J. P., and a few others started early next morning for the Mackenzie, and were joined on the road by Sub-inspector Uhr and two black troopers.
To Sub-inspector Elliott every stage of that journey brought additional suspicions of Griffin's guilt. On the plea of sickness he obtained Dr. Salmond's consent to his riding with him in his gig, all the rest of the party being on horseback. Dr. Salmond was an elderly man, and readily gave the reins to Griffin, who drove in a most reckless manner, and nearly upset the gig on several occasions. Dr. Salmond, once he got Griffin out, would not let him in the gig again, and told him he was either the most reckless or the most careless man he ever saw.
At an accommodation house Sub-inspector Elliott managed to get Griffin's revolver when he was taking a nap, and left it so it would not explode the charge, because he never expected Griffin to be arrested quietly. Griffin quite failed in his attempts to delay the party, and on Monday morning, November 11th, Bedford's Hotel, at the Mackenzie River, was reached.
The troopers had been temporarily buried, but were exhumed and Dr. Salmond at once made an examination. He quickly found that both Power and Cahill had been shot through the head, and told Sub-inspector Elliott so quietly. Elliot said, "Don't say a word about it at present," and strolling over to Kilfeder- the whole part, were awaiting the conclusion of the examination-told him Griffin was the murderer, and instructed him to sit on the log with Griffin and keep him in conversation. This Kilfeder did, and Elliott went over to Dr. Salmond and glancing around found Kilfeder had done as instructed.
ARREST OF GRIFFIN.
Elliot then strolled carelessly over and sat down on the other side of Griffin, saying "This is a sickening sight Griffin; have you got a drop of whisky or brandy! "yes" said Griffin, and put his hands up to get the flask from a breast pocket, when Elliot gave Kilfeder a nod and each man seized one of Griffin's arms, and the handcuffs were on in a twinkling. Elliott saying "I arrest you for the murder of Troopers Power and Cahill." Griffin gave a suppressed groan, and said, "Well I could only expect it as I was the last person known to be in company with the poor fellows."
It has always been said that no person, except Sub-inspector Elliott and Sergeant Julian, suspected Griffin before he was in custody, but it is difficult to believe how any person aware of the facts could have failed to at least suspect him when there were so many suspicious circumstances pointing to him as the culprit. It seems much more likely that a few of Griffin's friends did not think he was guilty, and vigorously spread that opinion.
THE INQUIRY.
Mr. Abbott being the only Magistrate available he decided to hold a preliminary inquiry at Bedford's Hotel, when evidence was given by a number of witnesses. Briefly the following facts were decided-That Griffin was the last person known to have been in the camp where the men were found murdered, which Griffin himself admitted. That he took brandy to the men from the hotel, and remained in the camp for several hours. That during that period two pistol shots were heard at intervals. That the troopers were both found to have been shot through the head. That Griffin returned later to the hotel in a dazed condition and said he had lost his way, which was almost an impossibility. That Griffin had no business with the troopers at all, and had gone without permission from his superior officer. That he had promised Trooper Power to allow Constable Moyhiban to go with the escort instead of himself, but had still continued on the journey as a "protector." That he had left the men on the most dangerous section of the road if robbers were feared. That he had made conflicting statements to Sub-inspector Elliott and Uhr as to when he left the camp and other matters. That there had been great difficulty in getting away with the money from the bank and why it was returned and other facts of minor importance. Many persons have been convicted on crimes on less evidence, so it is not surprising that Mr. Abbott, felt justified in adjourning the case to Rockhampton, holding Griffin in custody.
At the Police Court, Rockhampton, still more convincing evidence was given and Griffin was committed for trial and sent to Brisbane for safe custody.
Whilst in the lock-up Griffin asked M'Mulkin, the lock-up-keeper, to let him out to do some business, saying it was a trumped-up charge. M'Mulkin was not to be hoodwinked but agreed to post a letter for him. Getting the letter he took it to Sub-inspector Elliott, who opened it, and found it was addressed to his wife in Melbourne. The police cleverly ferreted out the fact that he had been paying his wife an allowance to keep her from exposing him. So apparently bigamy was another offence he contemplated.
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.
THE AFTERMATH
Strange and incomprehensible as it may seem Thomas John Griffin, executed from willful murder and robbery, caused nearly as great a sensation in Rockhampton after his death and burial as he did before his misdeeds met their inevitable punishment. It will be remembered that to the scaffold itself he denied his guilt to every person–clergymen, friends, and foes. After such continued and persistent assurances of his innocence to the very last it naturally caused the greatest astonishment in the town when it was learned that Griffin really had confessed to the murder, while to those who were most desirous that he should confess for his own sake, he had remained unflinchingly obdurate.
The fact was that Griffin never entirely lost hope that he might escape the fate that confronted him, and to the very last he thought he might be able to bribe the gaolers to assist in his escape. Of the £400 in narrated notes taken from the escort bag, only a small portion had been accounted for, and it was by means of this hidden money that Griffin hoped to buy his way to freedom.
Even to the gaol officials Griffin declared his innocence until the warrant for his execution had been sighed. After that he endeavoured to bribe the turnkeys by offering them a large sum of money. They said he had no money, and in order to prove to them that he had, he admitted to them that he had killed Power and Cahill and stolen the £4000 the troopers had in their custody. He told the turnkeys, John Lee, and his assistant, Alfred Grant, that the bank notes had been “planted” by him in the neighbourhood of the escort camp near Ottley’s and he gave them two sketches of the spot where the notes were hidden. These men had been out searching on three nights, but could find no money.
After Griffin’s execution, being unable to find the money, the turnkeys reported the confession to the gaol authorities, and of course they were severely reprimanded for not reporting the matter at once.
GRIFFIN’S CONFESSION
No one will for a moment imagine that Griffin confessed to the murder with any other object than that the turnkeys would find the money and in return would provide him with the means of escaping from gaol, or furnishing him with something to commit suicide so that he should escape the disgrace of being hanged. The story of the turnkeys, as told by Griffin, with reference to the murder, was as follows: -
When Power brought out the money from the bank to Ottley’s on the 29th of October, Griffin took it away to Ottley’s and broke the seal, taking out the bundle of notes with which he paid the Chinamen. The bag containing the rest of the money was sealed on November 1st in the presence of Power and Gildea, and given into Power’s charge, and Griffin and the two troopers set off on their journey, as already described. On the night of November 5th the troopers went to their camp at the Mackenzie River, but did not expect Griffin would camp with them. However, about 11 o’clock, Griffin went across from Bedford’s Hotel. He did not go the usual direction, but came upon the opposite side of the camp. When Griffin was within about 20 yards of the camp Power sprang up and fired at Griffin without first challenging. The bullet, Griffin said, went through his beard. Before Power could fire again Griffin fired, and the bullet entered Power’s eye and went through his brain. Meanwhile Cahill had attempted to shoot Griffin, but missed, and Griffin returning the shot, sent a bullet into Cahill’s’ stomach, but did not kill him. Cahill still tried to shoot, but Griffin rushing forward knocked up Cahill’s arm, and in the struggle Cahill’s revolver exploded and he shot himself through the head.
All this statement, which went to show that Griffin shot the troopers in self-defence, was simply a tissue of lies, and quite at variance with the evidence. The camp was near the high bank of the Mackenzie, and to get round in that direction, he would have had to climb up the river bank. Armed men presumably on watch, would have been on their guard, while anyone coming direct from the hotel might have caused no alarm. Further Griffin made both the troopers fire at him, while only one shot had been fired from Power’s revolver (presumably the one fired at a hawk), and Cahill’s revolver was fully loaded. Power, the doctor proved, had been shot from the back of his head, the bullet coming out at the eye, and Cahill had been shot from behind the left ear. There was no evidence of a struggle, and if there had been how was Cahill to shoot himself behind the ear? Bedford also gave evident that he only heard two shots, one for each of the drugged men. Then there was the brandy bottle with half its contents gone, showing that the men had partaken of part of it. These are a few of the discrepancies, but Griffin’s account of the affair deceived no one.
Griffin went on to say that having killed the troopers he became mentally distracted and wandered into the bush and go lost. At last he found his way back to the camp and laid down on a blanket. He thought at first of committing suicide, but was restrained when he thought of this affianced wife. He, therefore, resolved to brave the consequences and have a fight for it. He placed the men in the position in which they were found, and then opened the bag with the bank notes and burnt the coverings. He placed the notes in his blanket, and strapped the parcel on to his saddle. He then returned to Bedford’s and they started for Rockhampton. On the way down he made Bedford ride in front so that he would not notice the trouble he had with the swag. At one time a bundle of notes fell on the ground from the end of the blanket, and the wind blew them about, which accounted for the note Pitt found soon after. Having bound up the sway more securely it remained on the saddle all the way to Rockhampton.
At the Club House, Griffin said he did up the parcel of notes strongly with six straps, and went out to the low tree. As Griffin was hiding the notes Trooper Gildea passed very near him and Gildea passed without seeing him. Griffin kindly said Gildea was too drunk to notice him, a very unlikely tale.
When the turnkeys could not find the parcel, and Griffin heard that Gildea had left for England, Griffin came to the conclusion that after all Gildea had seen him plant the notes, and had afterwards secured the notes and departed. This was wrong, of course, Gildea’s friends having sent out the money for his passage.
Not being able to find the bank money, the turnkey’s appeared to discredit Griffin’s story. The turnkeys also told Griffin that Sub-inspector Elliot suspected Griffin on the day the party left for the Mackenzie. Griffin replied that if he had know that he would have shot him (Elliott), Uhr, Abbott, and Julian, and if he could not then escape he would have shot himself.
Griffin made the Turnkeys promise to send £500 of the bank money, if they found it, to his sister in Ireland. He would be satisfied if the bank had to pay 20s for every £lost. The notes (narrated) cold easily be disposed of by going the Peak Downs and buying gold and so scatter the notes among the miners.
FINDING THE BUNDLE OF NOTES
It should be mentioned that the A.J.C. Bank had offered a reward of £200 for the recovery of the stolen notes.
After the execution of Griffin it is evident the turnkeys were afraid their keeping the confession to themselves would get them into trouble with the authorities. Accordingly Grant decided he would tell the Governor of the Gaol. Mr E. Sheehy, and did so, making the excuse for the delay in doing so that they thought Griffin would confess his guilt at last. Mr. Sheehy told the Sheriff, and he told Mr. Tom Hall.
On Tuesday, June 2nd, Mr. Hall and Mr. Wm. Pattison, with the sketch plans Griffin had given the turnkeys made an effort to find the parcel of notes, calling at the gaol en route to ask that the turnkeys should not be allowed out. On learning this the turnkeys declared it was not fair as they would be done out of the reward. Grant obtained leave to go to his home, and getting a horse rode after Messrs. Hall and Pattison. When Grant reached the banker he said it was not fair as they would lose the reward. But Mr. Hall said whoever found the money the turnkeys would get the reward as they furnished the sketches and information. Grant said £200 was a small reward for such a large sum of money and asked if Mr. Hall would recommend that a larger sum should be given if the money were found.
Lee soon after joined the party and the search began, Messrs. Hall and Pattison going together, and the turnkeys by themselves Lee went straight to the hollow stump of a tree and found the bundle of notes almost immediately. He took it out and held it up to the others, who were only a few yards away. Mr. Pattison declared Lee must have known where the money was as he found it so readily. This Lee denied. The valise contained 3733 £1 notes and as Griffin had paid the Chinamen 252, there were only eighteen short of 4000.
The conduct of the turnkeys was reported to the Government, and, after consideration, the reward of 200 was paid to them, and they were dismissed from the service. They left Rockhampton for the south.
Thus in two days after Griffin’s assurance that he was innocent of the murder of the escort, his admission of the crime was known to the public and the balance of the money he stole was restored to the bank.
GRIFFIN’S HEAD TAKEN
The confession of the murderer and the recovery of the stolen money was expected to finally close the excitement in connection with this sensational crime. Not yet, however, there was another incident in connection with it to cause consternation in the town, and in the whole State for that matter.
A rumour had spread in Rockhampton that someone had declared his intention of removing Griffin’s head, apparently for scientific investigation. In order to prevent such a thing being done a watch on the grave was kept by the authorities the whole week after the execution up till Sunday night. By that time probably every person had come to the conclusion that the threatened desecration of the grave was only a canard Griffin’s coffin. Whether this was done to save time, the dead body being from the steamer Tinonee, or as a sort of protection to Griffin’s body, is not known, as the following Monday morning it was found that the grave had been opened and the head removed.
At first some gruesome amusement was caused, in the supposition that the head of the man from the Tinonee had bee taken (said to be a Chingman) but it was not so, for as it happened the person after the head knew about the coffin on the top of Griffin’s and of course, removed it.
The sexton found the grave had been disturbed on the Monday morning, but delay was caused before permission was given to open it, and thus the rumour spread that the wrong head had been removed. When permission was obtained it was easily seen there had been some interference with it, but so well was the work done that the investigation declared at least six men must have been engaged in the removal.
It was not so and the writer had the story from the man who did it. Only two men took part in the affair, and a lot to trouble they had through losing a knife. Strange to say, the principal in the affair made very little secret about it, and certainly hundreds of people have been show the skull.
There was a good deal of pretence about the affair, and the Government offered a reward of £20 for the conviction of the person who violated the grave. Needless to say, no one ever claimed that reward.
The head was not easy thing to get away with successfully, and it has to be buried and removed on two occasions to escape the vigilance of the authorities. On one occasion it was buried in a large garden, and the wife of the owner of the place seeing the suspected person in the garden with her husband, said to him a playful manner “What did you do with Griffin’s head?” “It is buried under that tree, replied the person asked, pointing to where the earth had been recently dug up. “Ah,” she retorted, ”You would not be so ready to acknowledge it if that were true.” As a matter of fact it was the literal truth; the head was buried there at that moment.
Both disturbers of the grave have been dead some years. One of them-the assistant-was for many years connected with the Salvation Army, and the writer has often listened to him giving his “testimony” in the hope that at some time he would be moved to disclose his share in the nocturnal desecration, but he was always loyal to his employer on that occasion, and not a word passed his lips.
INCIDENTAL ITEMS
Inspector Brannelly (long since dead) was the sergeant of police at Clermont during the time Griffin held his appointment there. He was a good writer and he did most of Griffin’s correspondence for him. He told the writer that he used to send a monthly remittance to Mrs. Fitzherbert, or some such name. Whilst Griffin was in gaol awaiting his trial two letters came to him. One of these was from his wife asking why the usual remittance had not been forwarded, and the other from Mrs. Power, the mother of Trooper Power, whom Griffin had murdered. Brannelly was one of those who refused to believe Griffin guilty till he saw the writing on the parcels of notes he gave to the Chinamen. Then he was convinced, for hew knew its writing well.
Sergeant Julian continued running the escort for some months, till the duty was handed to the regular police, after which Sergeant Brannelly was in charge for about five years. Julian was a man of dignified appearance, and in consequence was known as “Count Julian.” He belonged to a good family in County Kerry, Ireland. He left the escort work in 1869, and accepted the position of overseer on Mount Playfair Station, where he is believed to have died soon after.
John Francis Power belonged to a family of some standing at Carrick-on-Suir, Ireland. He was a brother of Father Pierce Power, who was drowned at Gayndah. Patrick William Cahill was a schoolfellow of Power’s at Mount M’Nulken, being temporarily absent, older than Power, but after the two met in Brisbane in 1865 they remained mates, and in death they were not divided.
Inspector Thomas Judge, a very popular police officer in the early days, but who died decades ago at Winston, used to tell the story that when Griffin was first brought to Rockhampton after his arrest, he was given into Judge’s charge at the lockup, the lockup-keeper M’Mulken, being temporarily absent. Griffin was taken into the office preparatory to being put in the cell. A horse, all saddled and bridled, was standing outside the lockup. Griffin took up a big ebony ruler from the table and handled it in an absentminded manner. He said, “Hand me that valise Judge, will you!” Judge was about, to stoop for the valise when the caught a glimpse of Griffin, and saw such a diabolical expression on it that it gave him quite a fright. “Pick it up yourself,” said Judge. There was no doubt in Judge’s mind that, seeing the horse outside, he intended to hit Judge on the head and then make a bolt for liberty on the saddled horse.
Relics of Griffin were distributed among a considerable number of Rockhampton people.