SUPREME COURT. CRIMINAL SESSION.
Charge of Horse Stealing. — Thomas Langham (several times remanded) was now charged together with Thomas Charles Robson, with stealing two horses and saddles belonging to James Brown. — The evidence previously given was read over, and the following was added: — Margaret McGuire, wife of a tailor, at the Dunstan, said that on the 1st or 2nd April, both prisoners called at her place late at night. One of them said that they had just come from Dunedin. She asked if they walked up or had come by the coach and they said no, they rode up on horseback, and that while they had been having some tea, the horses strayed. Next day they name again, and one of them said that they had no place to leave their saddles while they were searching for the horses. She said that she would take charge of them, and they brought two saddles, two bridles, and a bundle of clothes. One of the saddles was quilted and the other plain. The saddles produced resembled those left with her, but she could not positively swear to them. A day or two afterwards, the prisoners came back, and Robson asked for a loaf of bread, which she gave him. In the evening they came again, and she asked Langham how it was they were so hard up if they had had horses, and whether they had stolen them. He said he could produce his receipt; and then she told him she would continue to take care of the saddles. Robson came next day, said he had found one of the horses, and took away the plain saddle; stating, also, that a dark, stout man would come for the other in a few days. That man did not come, and she gave the saddle to Sergeant Cleary. Subinspector Sincock asked for a remand for a week, in order that further evidence might be procured, and, after Mr Wilson had been heard against such a course, the remand was granted. -Otago Daily Times, 21/5/1863.
SUPREME COURT - CRIMINAL SESSIONS
Thomas Charles Robson (16). His Honor said he had evidence that the prisoner was at present undergoing a sentence of three months' imprisonment, under a warrant of commitment by the Resident Magistrate. He (the Judge) in ignorance of this fact, expressed his concurrence with the recommendation to mercy by the Jury who returned the verdict of Guilty. The offence of which the prisoner had now been convicted, was one — the perpetration of which showed very great simplicity on the prisoner's part. It was clear he did not take the watch for the sake of gain; for probably under the influence of cub-love, he had it presented to a schoolgirl. He (the Judge) was inclined to mercy, despite the previous conviction, which was for a petty offence. He only wished that he could award some punishment that would afford a chance of reformation — which he feared sending the prisoner to gaol would scarcely do. The sentence was — Six months imprisonment with hard labor. -Otago Daily Times, 3/6/1863.
The "sticking-up" in the neighborhood of Oamaru, of which we gave some particulars yesterday, proves to have been the work of two lads or young men not unknown to fame as criminal offenders. In June last, two striplings, named Langham and Robinson, were tried at the Supreme Court for stealing two horses, with saddles and bridles, from the residence of Mr James Brown, in London street. The young rascals went to the Dunstan and to Moa Creek, and when captured, told a tale as to one of the horses, that it was turned out for the night and strayed away. The saddles were recovered after some trouble, one of them having been left with a resident at the Dunstan. The prisoners were found guilty, but were sentenced to only a month's imprisonment each; and the "stickers-up" of Oamaru having been chased and caught by the police, prove to be Messrs Langham and Robinson. They will now have two indictments to answer; for there is a warrant out, charging them with stealing L50 in Ll0 notes, together with a silver watch, from the person of Joseph Sherland. When arrested, these young followers in the steps of Gilbert were armed with loaded pistols. -Otago Daily Times, 13/2/1864.
News of the Week
The young imitators of Dick Turpin, Robinson and Langham, apprehended at Oamaru for sticking up a pedlar, and for another robbery of L50 from the person, were brought into town in custody early on Wednesday. The officer who arrested them played off a neat trick. He was in the town of Oamaru at night, when he saw what he believed to be one of his wanted men coming out of a public house. The suspected man whistled on getting into the street, when the officer went up and arrested him. By dint of persuasion the officer induced his prisoner to go quietly some distance, and on getting near the point, repeated the whistle in the same manner as given by the prisoner. The ruse succeeded, for in a minute or two the other attired individual unsuspectingly came forward, and was at once arrested as well as his comrade. -Otago Witness, 20/2/1864.
Thursday, March 3. (Before his Honor, Mr Justice Richmond.) His Honor took his seat on the bench at ten o'clock.
SENTENCES. Charles Newman (20), on being called upon to say why sentence should not be passed, said he was innocent, although found Guilty. He looked to his Honor for mercy, which should not be abused. The Judge: My first duty is to administer justice, and I do not think I should be doing that, if I let you off with a very light sentence. I have no doubt, from the evidence, that you hung about this man for the purpose of effecting the theft from him, in which you almost succeeded. I quite concur in the verdict of the jury. The sentence upon you is, that you be imprisoned in the common gaol of Dunedin, and kept at hard labor, for the period of eighteen months.
Thomas Robson (17), and Thomas Langham (17), were placed in the dock.
The Judge: Thomas Robson, are you the person who was convicted before me, at the Circuit Court, on the 1st of June, of horse stealing?
Robson: Yes, sir.
The Judge: And you were also convicted of larceny at the same session?
Robson : Yes, sir.
The Judge: Thomas Robson, on the former occasions when you were tried before me, my sentence was a very light one — as light as I could possibly inflict, in fact. Because of your youth, I told you, as I well recollect, that you were a very bad boy, and that I should treat you as such. I have now to pronounce a very different sentence. It is quite plain that you are not to be trusted at large. Your last act, this attempt at highway robbery, was a very foolish and absurd thing, from which you have gained no renown nor any credit. You appear there only as a very silly person; but as you are disposed to make such a bad and dangerous use of your liberty, I must deprive you of it for a lengthened term. You have made it quite evident that you intend to live by crime; and for your own sake as well as that of society— although I have only to consider the good of society at present - it is well that you should for a long period be deprived of the use of that liberty which you are evidently determined to abuse. The offence of which you have pleaded guilty — of which, in fact, you could not help pleading guilty — is one punishable by the law which I here administer, by transportation for life, or by its equivalent, a long term of penal servitude. I shall not go to the full length of that term; and I hope it may be found possible, at some distant period, to abridge the length of the sentence I now pass, which is that you be kept in penal servitude, in the Colony of New Zealand,, for the period of six years. Thomas Langham, you are much in the same case as your fellow prisoner; but it is very evident that you have been a good deal under his influence, and have been led away by him, silly fellow as he is. You simply appear here as a very guilty boy, and very foolish as all guilty persons are. My sentence upon you will be somewhat less severe than that upon your fellow in crime; but you also have shown that it is your determination to live by crime, and this is also your second conviction in this Court. On the first occasion I treated you with very great leniency, but that has been thrown away, and I shall now inflict a sentence commensurate with the gravity of the crime of which you have pleaded Guilty. I sentence you to be kept in penal servitude for four years. -Otago Daily Times, 4/3/1864.
ESCAPE OF TWO PRISONERS
ATTACK ON A WARDER.
Thomas Robson, aged 19 years, and Thomas Langham, 18, escaped from the Dunedin Gaol yesterday afternoon, in a very daring manner, having commenced their operations by a murderous attack upon one of the warders, named Birt. These young ruffians had before tried hard to make themselves notorious by crime. About three years ago, they begun by stealing a horse and a couple of saddles from the stable attached to the house of Mr Brown, London street. They went off to the Dunstan, and when they were traced, they talked of the horses having been stolen from them. The saddles were recovered. The youth of the prisoners led to their being sentenced lightly. Almost as soon as they got at liberty, they went into Oamaru or its neighborhood, and there they robbed a small jeweler, adopting a sensational style of proceeding; but were afterwards cleverly entrapped by Sergeant O'Brien. For this offence, Robson was sentenced to six years', and Langham to four years' imprisonment, and they had been in Gaol nearly two years. Each of them has been ill during that period. Langham has been declared by the surgeon to be subject to palpitation of the heart, and he has done nothing beyond very light work for some months. Robson was being taught to work as a blacksmith, in connection with the operations on Bell Hill but he was removed from this because of the state of his health. He was, however, very handy with tools, and consequently he has been kept in the carpenters' shop, or put to light work about the Gaol. The two were thus brought together a good deal, in addition to their using the same exercise yard, and their being kept as much as possible from the older prisoners. It is only necessary to add one other preliminary explanation. Ever since the work on Bell Hill was commenced, it has been the custom to leave but one warder on duty at or near the gate to the debtors' side of the prison, during such portions of the day as the prisoners were out at work; for, except the cooks, and one or two who were excused from work, there were no criminals near that part at those times. The warder at this gate was unarmed.
Warder Birt was on duty at the debtors' gate yesterday afternoon. Robson, who had been in the carpenters' shop during the forenoon, was sent to do some repair to the fire-place in the sergeant's room on that side of the prison; and Langham was also in the quarters cleaning them out. These quarters are reached by a staircase close inside the gate, and on the left side; and the ground story, adjoining the staircase, is occupied by the guard-room, the door of which is in the passage from the gate, the room having one window looking into the passage, and another into the yard. In line with the right side of the passage is the carpenters' shop, and KOme other workplaces; and on the side of the yard fronting the gateway, there is a row of small sheds, backing against the iron-work of the platform on which (except when the prisoners are at work on the Hill) there is always an armed officer patrolling. The platform commands the stockade, as it is called, in which a great deal of stonebreaking was done; and the stockade has one of its faces to the Bay, there being a narrow strip of dry ground outside, even at high tide.
Robson and Langham being engaged in the sergeant's room, as we have stated, Robson, about three o'clock, went to warder Birt and asked him to come and look at the chimney-piece, to see if it "would do." Birt went up, and Robeon pointed out that the woodwork of the chimney-piece was loose. While Birt was looking at the thing, Robson struck him oh the back of the head with a heavy mallet such as carpenters use; and Birt being stunned, but still able to seize his assailant, more blows were given, until Birt dropped. He was helpless, and all but senseless; be remembers that his keys were taken from him, and that a cloth was held over his mouth by one of the young ruffians. The other must have hurried downstairs into the gateway and unlocked the guard room. There he found one of Colt's patent revolver carbines, each of the five chambers loaded, and capped, together with two five-shooter pistols, similarly prepared; and possessing himself of these, he must have returned to the staircase, and given a signal to his comrade who was watching over Birt.
The keys would have enabled the desperadoes to have opened the gate and stepped into Stuart street. They must have decided that that course was more risky than the one which they adopted, and which was certainly the more difficult and daring one. This was, to cross the yard, to get on to the sloping top of the coal-shed, climb thence on to the platform, traverse the platform to the corner near the bell-turret, and there drop down on the beachside. The villains calculated rightly on the effect which a cocked revolver-carbine and pistol would have upon any of the debtors, or upon those prisoners who were acting as servants. When the one who had been watching over Birt came down stairs, George Henry, a black man, who is acting as cook, came into the gateway, and seeing what was being done, he caught hold of Robson, who shook him off and, presenting the carbine, threatened to shoot him, if he stirred another step. Joseph Williams, a sailor, also attempted to stop one of the fellows, but was similarly dealt with. A debtor who was in a shed adjoining the carpenters' shop, came out on hearing the scuffle upstairs; but he confesses that he so much disliked the prospect of being shot, that he went as quickly as possible; into the debtors' quarters and hurried upstairs. Several other debtors came into the yard; but each who showed himself was "covered," and was sent back with an oath, and a threat of "a ball through him." Robson and Langham then scrambled on to the roof of the coal-shed, by the aid of an open door. The one who was first on the steeply-sloping roof helped the other up; and a pistol being dropped, one of them jumped back to the yard and fetched it. Being on the roof, the climb to the platform, the run round it, and the dropping over on to the beach, were quickly managed; and the two young desperadoes were on the run down Cumberland street before an alarm was given within the Gaol.
As soon as this was done, Mr Stoddart sent a messenger to the Commissioner of Police, and he also caused the prisoners to be fetched in from Bell Hill, so that the majority of the warders might be at liberty to join in the chase.
Mr Branigan started instantly on the receipt of the message, with every available officer. The men were traced along Cumberland street to Albany street, where they turned down until they reached Forth street. After mounting the rise there, they got into the Town Belt, and were thus at liberty to choose a hiding-place or to make their way into the scrub adjoining the Belt. In Cumberland street, the two passed close to a well-known resident in Dunedin; who, surprised by seeing the prison-dress, could only ask; "Hallo! what's up now?" when he had a pistol shoved in his face, and was told to hold his tongue. Several children and women saw the rascals subsequently; and the track they took was in several places marked with blood, no doubt from hurts got in clambering on to the roof of the shed, or in dropping on the beach. What was possible was done by Mr Branigan and Mr Stoddart to find some clue to the course which the escapees had taken in the bush; but all this was fruitless. As evening came on, foot and mounted patrols were sent out; at a later hour, the whole of the force that could be made available was again engaged, in consequence, we believe, of information as to the direction taken by the two rascals; but up to midnight nothing had been heard of a capture. We feel confident, however, that Messrs Robson and Langham will soon again be within the Dunedin Gaol; and that their chance of another attempt at escape should be, for a long time, made very small. Each of the convicts is well-known to the police; and to aid, possibly, in their capture, we subjoin a description of each, gathered from the prison books: — Robson: 5ft. 7in. or 5ft. 8:n. high, slightly made, pale complexion, black hair, brown eyes, hair curly, face slightly freckled, has scars on his neck, and his whole appearance is delicate. — Langham: 5ft. 4in. high, stout, sallowish complexion, brown hair, grey eyes, has a scar on his forehead, and speaks with a most noticeable impediment.
When they left the Gaol, Robson wore trousers of the prison gray, and those of Langham were of moleskin. Each of them also had on a cap and a smock frock bearing the prison marks; but the smocks and caps would no doubt be left in the bush. We hope it may not happen, but it was last evening regarded as a most probable thing that, during the night, the ruffians might rob some lonely house, for the sake of getting clothes to disguise themselves.
Birt was attended to by Dr Hulme, the Provincial Surgeon and medical officer of the Gaol; and subsequently Mr Burns, surgeon, who had also been sent for, arrived at the Gaol. He soon rallied; and, although he has four or five very ugly cuts on his head, we are glad to be able to state that not the least fear of fatal or even serioums consequences is entertained. -Otago Daily Times, 25/8/1866.
THE ESCAPE OF TWO PRISONERS.
LANGHAM KILLED; A CONSTABLE & ROBSON WOUNDED
The escape from the Dunedin Gaol effected on Friday afternoon, by Thomas Langham and Thomas Robson, has had a tragic ending, Langham has been shot dead, he having previously fired at Constable Baxter, and severely wounded him on the side of the head, the escape of Baxter with his life being a most narrow one and Robson is now in the Hospital with a shot wound in the right-leg.
All this occurred about seven o'clock o Saturday evening, in the Anderson's Bay district, and almost close to the main road. The stories told in town on Saturday night and during yesterday, as to what had occurred, were generally the grossest conceivable exaggerations — exaggerations far beyond the average of such "authentic particulars" as are usually circulated after an occurrence which has excited interest, and in many instances, the stories were simply disgraceful to those who invented them.
We feel assured that all who reflect on what it was probable would follow the escape of two such young old criminals as Langham and Robson, armed with a revolver-rifle and two pistols of the best make and most deadly nature, will see in the results reason for great satisfaction. Criminals of the age of Langham and Robson might naturally be expected to use fire-arms with a recklessness which even the most daring rascals of maturer age would avoid. Langham and Robson, had they continued at liberty, must have used those arms at least as means of intimidation in aid of robbery, if not as means of murder consequent upon resistance to their demands. The capture of the two young men was a thing which it was absolutely essential should be effected, for reasons which are obvious, and still more so for reasons which, while most powerfully operative, are not obvious, and cannot now be discussed, and those who care at all for the preservation of order aud the enforcement of law, will regard the death of Langham as not worth consideration, when that consideration involves comparison with the consequences of the violent death of a police officer, or even of the escaped criminals continuing to remain at large for a few weeks. We shall endeavor to give a narrative of what was done by the authorities from dusk on Friday evening, up to the death of Langham and the capture of Robson, adding such other particulars as we believe to be reliable. After dark on Friday evening, when the criminals had been lost in the bush to the north-west of the Pelichet Bay jetty, a force of warders and police was sent to surround that section of the bush; and two men were despatched to keep watch on each side of the harbor. It seemed probable that, as night came on, the criminals would make their way across the open land near the top of the hill on which they were, and, passing by the residence of Capt. Boyd, would attempt to gain the Blueskin bush. The Commissioner of Police, with four troopers, therefore set off to keep that part of the Port Chalmers road which would have to be crossed if this attempt was made. During the night, the officers stationed at Waikouaiti came down, in obedience to a telegram; as did also Trooper J. Meredith Smith, from Oamaru, to whom is due the credit of the capture of Langham and Robson after their Oamaru exploit, and not to Sergeant O'Brien, who was named on Saturday. The Water-Police were on duty on a bluff, where it was supposed they would be useful; and their boat was manned and moored in the Bay as a lookout.
Meanwhile, Langham and Robson had doubled on their first track, had crossed the Water of Leith stream, and had got to the neighborhood of Black Jack's Point. Information was brought to the North Dunedin station, that the convicts had entered a hut belonging to Mr De Lacy, near the shore, in a cove, round Black Jack's Point, had asked various questions, had showed their weapons and declared who they were, and had stated that they wanted a boat. Langham, indeed, said that they wanted to go to "Dick White's," and asked where his house was. White is a man who was recently in Gaol, having been convicted of robbing premises in Cumberland street, and in other parts of the city. Information was given to the convicts as to where White's house lay on the opposite (or Peninsula) side of the Bay, and the two managed to get there, having taken a boat (which belongs, as we hear, to Mr McKay), a resident in the locality of the hut. When this news reached the police, men were sent to the hut and also to White's house; but the latter party arrived just after Langham and Robson had departed. At White's, they demanded something to eat, and some tea, and each, fed himself with his left, hand, Langham keeping the stolen rifle over his right arm, and Robson holding a revolver in his right hand. Langham also demanded, and got from White a pair of trousers, which he put on, leaving behind those belonging to the Gaol, which, were much stained with blood. Langham said that the blood came from "that bloody Birt" (the warder) and both the men talked so as to show that they believed that the blows struck on Birt's head with the mallet had killed him.
The escapees having thus, undoubtedly, crossed the harbor, the officers were withrawn from the Port Chalmers and Blueskin Road, and sent into the Anderson's Bay district. This was early on Saturday morning; and during the forenoon notices were issued by the Commisioner of Police that a reward of L50 would be paid for such information as led to the capture of the criminals. Information was given to the effect that they intended to get back again to White's house during Saturday night. Some talkative people, easily but profoundly wise after the event, have busied themselves in abusing the authorities for believing this information; and have declared that it was palpably a "blind" on behalf of the prisoners. Such persons may now accept it as a fact, that the criminals had the intention of returning to White's; that Robson yesterday stated such to have been their first resolve; and that he added that the plan was changed because he "funked" it, and so caused Langham to give up what he strongly desired to do up to the last. The effect of the information given was, that after dark on Saturday evening, the Commissioner of Police, with the Governor of the Gaol, and a force of officers of both departments, went down to White's, and took up positions commanding his house. There they remained in waiting until after ten o'clock, when they were relieved by Mr Albert Griffiths. That gentleman, as soon as news was received of what hart occurred at Anderson's Bay, took a swift boat, told the news to Mr Branigan, and brought back to town Mr Branigan and Mr Stoddart.
The force sent into the Anderson's Bay district consisted of two troopers, and five officers on foot, including one warder, Sergeant-Major Moore being in command. The instructions given to them were that during the day they should hold positions on the high ground, so as to have command of the country; and that as evening came on, they should draw down and establish a line from the Ocean Beach to the head of Anderson's Bay. At dusk, the boat belonging to the Water Police was shifted up the harbor; and some of the men of that section of the force were sent on to the end of a bluff', so as to command that part of the Beach. The residents in the Antlerson's Bay district were warned that the criminals were on that side; and they were also instructed to give information at Hildreth's Hotel, if the men were seen. The stables of the hotel became a sort of head-quarters, in fact, Sergeant-Major Moore stationed one man very near to the junction of the Anderson's Bay Road with the district road to the Ocean Beach; another, who was Constable Baxter, was put between the two small hills which skirt the district road on the left side; a third was on the flat swampy land, in a line with the house of MrNeill; another was still further on the flat; and two were on the Ocean Beach. It will thus be seen that by dusk on Saturday, the two criminals were completely hemmed in on the Peninsula. If they went back to White's, they would have been captured, whatever, their desperation, and whatever life they might first have sacrificed; if they came out on the Ocean Beach or the adjoining flat, on their way to get food or horses, they could scarcely escape observation. The strict orders to each body of officers was to capture the criminals alive if doing so was possible by any means; and they were not fired upon until Langham had tried to slay an officer, and had missed doing so by the narrowest of chances.
When Langham and Robson determined to move, after leaving White's, they worked away through the bush until they got to that at the back of Vauxhall Gardens; and they passed the Gardens so closely, according to Robson, that they "could hear the practising in the [shooting] gallery." Soon after this, they were seen. In fact, they came upon a resident in the district, Mr Storey, who was out with a friend, and "stuck them up." The desperadoes presented their weapons at Mr Storey and his friend, demanding whether the police were out in the neighborhood; what was said in the paper as to the escape from the Gaol; and whether Mr Storey or his friend had an evening paper about him. This was about halfpast five o'clock; and at 20 minutes after six, information was given to Sergeant-Major Moore, at the Anderson's Bay Hotel, of what had happened and of the certainty that the two criminals were still hiding in a bit of bush which was indicated. This bush was nearly in front of the point where Baxter was lying between the two hills skirting the district road. Moore sent a message to Baxter, to be on the alert; Constable Fair was sent on to a point of the district road between that commanded by Baxter and the Beach; and Moore mounted to ride round to the other posts. He had nearly reached the junction of the roads, when he heard arms discharged; and on getting into the road, Baxter called out that he had been shot in the head. He also said that he believed the two men were on the road or not far from it.
Premising here, that the district-road is bounded on the left side from the main read by a high and stout stone wall, and on the right side by a high wire fence — that the slope from the point at which Baxter had been stationed is rather steep, and that from the wire fence the peaty land stretches level to the sand-hills and to the Forbury road — we must state how Baxter had been engaged. About 20 minutes before seven, he saw two men, who had apparently come from the bush, walking across the paddock opposite to his post. They came on and crossed the fence into the paddock in which he was; and then made a slant, as if to cross another fence running from the road up behind the Anderson's Bay Hotel to the district road. This fence was 200 or 300 yards from Baxter; and he now rose and straggled down towards the man (he was, of course, not in his uniform), as if he was simply looking about him. When he was within 100 yards of them, the men seated themselves on a slight hillock, and did not move until he was within eight or ten yards. Then, he recognised the caps worn by the men as being part of the Gaol dress; and the ruffians recognised or suspected him, for there was a muttered, "Fell the bastard" or "Shoot the bastard." One of them who was wearing a coat (Robson) presented a revolver; and the other brought a rifle into position. Baxter retreated a few yards, and then turned and fronted the men, intending to challenge them to surrender; but as soon as he turned he was shot at, and a bullet whizzed close to his left ear, but did not hit him. This shot is believed to have come from Langham's rifle. Baxter drew his revolver, and fired, but without any visible effect; for the two separated slightly, and began a smart walk. Baxter called to them, "Stand! I'm a police officer!'' but as they still moved off, he repeated his challenge as loudly as possible. He also "cooed" to warn his comrades. The men commenced to run, now making in the direction of the district road; and Baxter fired a second shot, but still without effect, so far as he could discover. Baxter followed in the chase, calling loudly for assistance, and he even shouted "Murder!'' thinking to attract some men whom he had observed, and who, as he knew, must be still within hearing. He fired a third shot, and this struck Robson, who fell forward on his hands and knees. Langham instantly turned, knelt, took steady aim, and fired; and the ball hit Baxter on the left side of the head, behind and almost in line with the ear. Baxter's felt hat was left with a long jagged hole in it; but no doubt the substance of the felt and the band turned the ball slightly, and the wound on Baxter's head, though severe, is fortunately not at all dangerous. Subsequently, Constable Bevan and Sergeant-Major Moore came to Baxter's assistance; and after a while, he went to a cottage on the brick-field and had his wound washed before coming on to town.
When Moore got on to the district road, after hearing shots and finding Baxter wounded, he was joined by Constable Fair, and they went along the road nearly to the sandhills, without seeing anything of the two ruffians; although when Moore was putting his horse at the stone wall to go to Baxter's assistance, a shot was fired at him or at Fair, who was near. There was bright moonlight during Saturday evening, but the moon was not well up at this time; and the broken state of the road, and the way in which it and the peat land is strewed with patches of stiff grass, rendered it very difficult to distinguish any object even at a short distance. As nothing could be seen of either of the men, Moore concluded that they had crossed the road and the wire fence, and were making their way over the flat towards the Forbury or Caversham. Therefore, he gave instructions to the officers to scour the line of the fence as closely as possible, and to look to a deep ditch a few yards inside it; he himself galloping into town, and despatching from the depot the few officers remaining available there, and instructing them to watch points of the Caversham Road at which it was probable the men would attempt to cross. On this service, one or two young men not of the force acted as volunteers.
Constables Bevan and Fair, and Warden Macnamara were those to whom, principally, Moore had been able to give instructions on leaving for town. Those officers, after again looking over the road and along the fence, got in well upon the flat land. In making the search along the fence, a man believed to be Robson was seen beyond the ditch, and was several times challenged to surrender. No reply was given, and a shot was fired in the direction. The officers kept divided, so as to cover more than 100 yards of ground; and after this had been repeated twice or thrice, Macnamara pointed to where he thought he saw Langham, who had on no coat, and was therefore more likely to be seen against the dark soil. A challenge was given; it was shouted, "Langham,we see you; give up your arms!" and "Langham, it's no use, you had better surrender!" A shot was fired from the spot; and one was fired by the officers. Again there was a challenge, and there being no reply, another shot was fired. Subsequently, Macnamara crept up to the spot and found Langham, apparently dead, with his rifle beside him. Again the officers commenced to beat over the ground, and, at last, Fair saw what he believed to be the head of Robson just above the line of the ditch. Fair presented his revolver, and shouted, "Robson, you had better surrender!" For a minute, there was no answer; but when Fair called, "If you don't come out directly, and surrender, I'll fire," Robson answered that he would do so. He was told to drop his revolver, which he did, and then Fair rushed on him, pulled him out of the ditch, and found that he was wounded in the right leg. A second revolver was taken from Robson; who had been lying concealed some 20 yards (along the fence) from the spot where Langham fell.
All this happened before Moore returned from town; and now nothing remained but to obtain the means of bringing the hapless dead criminal, and the as hapless wounded one, into town. Moore's visit to town, and the arrival of Baxter, had led to rumors as to what had been occurring at Anderson's Bay; so that when the express wagon, with the corpse and the wounded Robson, arrived at the Constabulary Depot, there was speedily gathered a large and a wildly speculative crowd.
Langham's body still remains at the depot. Robson's wound, a severe one in the fleshy part of the right leg, accompanied by fracture of the bone, was attended to by Dr Currie, at the depot, and an attempt was made to extract the ball, which it subsequently appeared had not lodged. Robson was then sent to the Hospital. It is believed that the ball entered about 3in. above the ankle, and came out at the centre of the calf, the hit having (as before stated) been given while Robson was running. It is not true that the leg was amputated yesterday. We believe it was once believed by Drs. Hulrne and Burns that such a course would be necessary, but Robson was then very weak. He has since rallied, and he was progressing favorably last evening. Langham was shot in the thorax; and his death must have been very speedy.
The rifle which Langham carried was found to be loaded in three of its five chambers; both the pistols which Robson had were fully loaded and capped when they were recovered. It is believed that he did not fire at all during the conflict. However they were obtained, there is reason for concluding that the criminals had cartridges with them. White says that he saw 12 or 15 in the possession of Langham on Friday night. It will be remembered that the rifle and pistols were fully loaded and capped when stolen from the Gaol.
An inquest on the body of Langham will be held to-day; but the hour was not fixed last evening.
We have mentioned that two officers were stationed on the Ocean Beach. The roar of the surf prevented their hearing the firing. When Moore came into town to send men to watch the Caversham and Forbury roads, there wes a possibility that the young desperados might get to the beach and shoot the officers; and to learn the state of affairs there, Messrs Hoyt and F. Mansfieid, volunteered to ride out, which they did rapidly. In many other ways, there was much assistance given to the force engaged in the endeavors to capture the criminals; and the sympathy thus shown is more than a set-off against the cackling of a few noisy and unreflecting people. The whole of the police force engaged, and the warders, were most untiring in their devotion to their duties; scarcely taking any time for food, and certainly not seeking rest, from the time the alarm was given on Friday afternoon, until after the capture on Saturday evening.
Constable Baxter is doing most satisfactorily under his wound; and so is Warder Birt. -Otago Daily Times, 27/8/1866.
At the inquest into the death of Thomas Langham, the Coroner recorded the jury's verdict of "Justifiable homicide."
News of the Week
"We learn from the "Otago Police Gazette" of 1st instant that L20 has been awarded from the Police Reward Fund to Constable James Baxter, and Ll0 to Constable Patrick Fair, of the Dunedin Police, in acknowledgment of their conduct on the occasion of the conflict between the Police and the escaped convicts, Langham and Robson." -Otago Witness, 5/10/1866.
RESIDENT MAGISTRATE'S COURT.
Thursday, November 29th. (Before the Hon. A. R. C. Strode, R.M.)
THE ATTEMPT TO ESCAPE FROM GAOL.
Thomas Robson was charged with having, on the 24th of August last, beaten and wounded Edward Birt, with intent to do grievous bodily harm.
Detective Thomson conducted the case for the prosecution. The prisoner was defended by Mr Smythies. The examination took place in the Debtors' Room, in the Gaol. The following evidence was given:—
J. Sfoddart: I produce the warrant under which the prisoner was held in custody under a sentence of six years' penal servitude, for highway robbery under arms. During the afternoon of the 24th August, he was in my custody; in the Gaol.
By Mr Smythies: The prisoner has been in my custody for two years and a half. He was generally subject to bad health, and was excused by order of the Provincial Surgeon from hard labor. He was not under sick treatment at the time of the alleged assault. He was of a quiet nature, and had conducted himself very well. I am not aware that a promise was held out by the Judge that, if his conduct was good, his sentence would be commuted. I am not aware that Warder Birt was in the habit of ill-treating prisoners. There was no complaint made to me of Warder Birt's conduct.
Edward Birt: I am a warder in Her Majesty's Gaol, Dunedin, and was so on August 24th last. About two o'clock of that day, I was in charge of the debtors' portion of the Gaol. I had the key of the outer gate, the key of the guard-robm where the arms were kept, and other keys, on a strap in my hand. Langharn came to me and asked me to allow Robson to go up to the room above, to do some work about the chimney, which.he stated was loose. I went up to the room, and seeing the work was necessary, I let Robson go up. He came down to the carpenter's shop, and got a wedge, and again went to where Langham was. Two or three minutes afterwards, he called me. I went upstairs to the Sergeant's room, and he asked me to look at the work, and see if it would do. I stooped to feel the chimney piece, and said he had made a first-rate job of it. At that moment I received a severe blow with a weighty instrument on the top of the head. I did not see at that time who gave me the blow. I raised myself, and turned towards the prisoner. I then lost my senses, and remember nothing more, but that I found myself lying on my back on the floor. I felt a cloth forced into my mouth. Langham said, "here, that," as if giving directions. I recovered my senses, and asked them if they were going to murder me. I heard Robson say, "you d— wretch." I struck at him with my legs, and knocked him against the chimney-piece. I saw him fall. He turned and run down stairs, leaving Langham at my head. He returned in a minute or two and said, "Come on, Langham, its all right." Both went down stairs together. I went after them as quickly as I was able. Langham met me at the bottom of the stairs with a revolver and a rifle in his hand. Robson was immediately in front of me when I stooped to look at the mantel-piece, and Langham was behind him. I saw Robson holding a hammer, but not a mallet. After the assault was committed, I found the mallet now produced in the room. The mallet has blood stains on it, and I marked it for the purpose of identification.
Edward Hulme: I am Provincial Surgeon. On the 24th of August last, I found that the complainant was suffering from six wounds on the head. The scalp was divided, and the wounds had evidently been inflicted with a blunt instrument. The mallet now produced might have inflicted the wounds.
Mr Smythies said the only evidence of an assault was that made by the officer upon the prisoner, when he kicked him against the chimney.
The Magistrate said there was at least an inference, though there might not be direct proof, that the prisoner had struck the blows. It was a question for a jury. The prisoner, who reserved his defence, was committed for trial.
Robson was further charged with having on the same day broken out of, and escaped from, the Gaol.
Mr Stoddart repeated the evidence given upon the former charge.
James Caldwell: I am Chief Warder of H.M. Gaol, and was so on the 24th August last. I saw the prisoner on that day, but he was absent from the usual evening muster. I last saw him about one o'clock. I next saw him in the Hospital on the 26th. He was then suffering from a gunshot wound.
George Henry: I am a prisoner in the Dunedin Gaol. On the afternoon of August 24th, I was in the kitchen cooking for the warders, when I heard screams. I came out, but could not see anything but in a short time the prisoner Robson came running down the stairs. He had a key in his hand. I asked him what was the matter, but he made no reply. He unlocked the the guard-room door, and went in. When he came out I said, "What's the matter, are you cranky?" He cocked the revolver, and said "Clear the way." He went upstairs again, but soon returned, and stood at the guard-room door with the pistol cocked. Langham came down then with blood all over his trowsers. He also went into the guardroom and obtained a rifle and a gun. Robson opened the door of the shed, and climbed on to the roof and to the platform. Langham followed, first passing the rifle up to Robson. Both got away then.
This concluded the evidence upon the charge of breaking out of the Gaol and escaping from lawful custody; and the prisoner being duly committed for trial upon that charge, the following evidence was taken upon a third charge, that of aiding one Thomas Langham to wound and maim one James Baxter, while in the execution of his duty.
James Baxter: I am a police constable, stationed in Dunedin, and know the prisoner. On the evening of Saturday, August 25th, I was searching the paddock in Anderson's Bay District for the escaped convicts Robson and Langham. I saw them coming towards me, and when within about a hnndred yards, they both sat down. I advanced towards them, and they both presented fire-arms at me. The one nearest to me, I believe Robson, had a revolver in his hand. The other prisoner had a revolving rifle. I stepped back about five or six yards, and then faced them again, when a bullet whizzed close past, my left ear. I could not see who fired it, but I drew my revolver and fired, but without effect. The prisoner started up. I called upon them to stand. I was not in uniform at the time. I fired a second shot, but they did not surrender. On my firing a third time, I saw the prisoner Robson fall forward on his hands and knees. Langham was a short distance behind him when he fell; and he, kneeling down, took deliberate aim at me. The ball struck me on the right side of the head, and I fell. From loss of blood, I was compelled to give up the chase.
Constable Fair: I was on duty in the neighborhood at the time in question. I heard shots fired, and met Baxter, who told me he had been shot. Shortly afterwards I came up with the prisoner, who was concealed in a ditch. I called upon him to surrender. At a second call, he held up his hand, and I ran to him and secured him. I found a six-chambered revolver loaded in his belt, and another on the ground near where he stood. I produce the revolver, and the prisoner's cap. I saw the body of Langham close to where I arrested the prisoner.
On the objection of Mr Smythies, the evidence of Warder Macnamara was not given, and no proof of identification of the firearms was allowed. This closed the case, and the prisoner was then committed for trial. -Otago Daily Times, 30/11/1866.
SUPREME .COURT.—CRIMINAL SESSION.
(Before His Honor, Mr Justice Chapman.) Friday, 6th December. His Honor took his seat shortly after ten o'clock.
SENTENCES
Elizabeth Skinner, who on Wednesday last, pleaded guilty to a charge of robbery from a dwelling house, was sentenced to twelve months' imprisonment with hard labor.
Thomas Robson, aged 19, convicted on the previous day of assaulting and wounding Edward Birt in escaping from the gaol, on being asked if he had anything to plead why sentence of the Court should not be passed upon him, replied — "I have nothing to say."
The Judge: Thomas Robson, the jury have found you guilty upon the counts of the indictment charging you with wounding to do grievous bodily harm, and to resist and prevent your lawful detention. From the nature of the evidence, there is no doubt of the correctness of that verdict. It is impossible not to feel considerable pain at a case like yours. You are only just entering on life — a third of that life has been passed in crime, and it is now wound up with an offence which discloses extreme depravity of character. It is impossible for any man or youth, whatever his age might be, to commit so atrocious an assault upon a fellow creature without being depraved in mind. It is difficult to deal with a case like yours. On the one hand, a Judge feels the desire to be lenient on account of your youth; on the other hand, the magnitude of the offences must be considered, and the law must be vindicated. I shall take into consideration that you are at present undergoing a long sentence, and pass a sentence to take effect on the expiration of'your present term of punishment. I now order you to be imprisoned in the common gaol of Dunedin, and kept to hard labor for three years. Let me earnestly advise you to employ that period in reforming your character, so that by your consequent good conduct, you can go into the world, perhaps, before the legal expiration of your sentence, a wiser and a better man.
The prisoner was then removed. -Otago Daily Times, 8/12/1866.
Thomas Langham is buried in an unmarked grave in Dunedin's Southern Cemetery. On Thomas Charles Robson's release, it would seem that he fades into obscurity, although a storekeeper with the same name was advertised as bankrupt in Dunedin in 1879. It was very easy in those days to move to a new town and take on a new identity. Constable Baxter retired at the rank of Sergeant and went into the hotel-keeping business with, presumably, many stories to tell.
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