No. 17 September 1, 1877

South Australian Chronicle and Weekly Mail (Adelaide, SA : 1868 - 1881), Saturday 1 September 1877, page 17

EARLY EXPERIENCES OF COLONIAL LIFE.

No. XVII.

[By an Arrival of 1838.]

Having in No. 15 brought the history of the first gang of cattle-stealers to the death of Gofton, by the hand of his partner Stagg, before I proceed to give an account of the trial and execution of the latter I will relate so much of his previous career as came to my knowledge at the time.

He was known to have been transported to Tasmania, according to his own account, for sheep-stealing. A large proportion of the ex-prisoners, in giving an early account of themselves, claimed either to have been transported for poaching or sheep-stealing, crimes which they seemed to feel to be venial ; and this brings to my remembrance an incident which I met with on my way to London to embark for this colony, which proved that as long as sheep-stealing was punished with transportation it was some-times adopted as a means to get a free passage to Australia.

On the occasion I have alluded to I called on a friend — a gentleman-farmer in Bedfordshire — to bid him farewell, when he surprised me by saying, ''Well, you must be going to a wonderful fine country ; for a man of this parish, who some time ago returned from New South Wales as an expiree, and who brought some money with him, having spent his money, got tired of working at English wages, and so took it into his head to steal a sheep, and was convicted ; but the Government did not indulge him with a second free passage, but sent him to a domestic penal establishment for the term of his sentence.''

I give this as one of several instances I met with before I left the old country of individuals committing crimes to obtain transportation, and now proceed with the history and the end of Stagg. I knew him as a stockkeeper, frequently remaining in my neighborhood, and as doing good work for his employers. He then appeared to me as a quiet and civil man, and a fine specimen of a rough, open-hearted Englishman of a Saxon type, ready to oblige anybody.

I have to thank Mr. Alford for much of what I have to relate. The report of Stagg's trial, as given in the Register paper, is very brief, but of that I also take advantage. I have mentioned that Private Lomas was dispatched to arrest Stagg, which he succeeded in doing. At the inquest which was held on the body, Stagg was present, and the evidence produced was deemed sufficient to commit the prisoner to take his trial at the criminal sittings of the Supreme Court.

Inspector Tolmer, with Sergeant-Major Alford, and a sufficient number of police, as given in evidence, were stationed at Port Gawler. After some days ex-pended in beating about the country, he discovered in the neighborhood of Port Gawler a horse-track, and also foot-tracks of a man, on following which he discovered a wurley in the midst of a clump of mangroves. Immediately behind the leafy hut was a swamp, and at a short distance in front, over the mangroves, the Gulf was to be seen. There was a fire not quite out, but the bird had flown ; footprints were about the wurley, evidently of three persons, one from boots or shoes making nail marks, another without nail marks ; there was also a smaller footmark, not larger than a woman's. Three of the police were left at the wurley.

On the following day, Sunday, the Inspector continued the search in the neighborhood of the Little Para, and with the aid of two black trackers, followed footmarks on which they continued until dusk ; the same footmarks had been seen about a native well. Early on Monday morning the trail was followed, the blacks being in advance of the officers and a small party, when the trackers were seen to be beckoning in an excited manner. To reach them the Inspector and the Sergeant-Major had to wade through a salt water creek, and on reaching the spot saw a body and found it to be Gofton's.

He had been shot. The ball had entered near his ear and passed out at the back of his skull. He was found with his arms extended. On his person was found a bag containing twelve sovereigns and three half-sovereigns. In the neighborhood of the body were footmarks of two persons — one Gofton's, and one of a man who in walking turning his toes out in an unusual manner. The body had the appearance of having been dead about 24 hours.

The turned-out footprints were found to correspond with boots afterwards found in Stagg's house. The Inspector stated be had observed that Stagg in walking turned out his feet, as in the marks left by the man who had been with Gofton at the time of his death, and that about 150 yards from the body such tracks led to a tree nearer the wurley where a horse had been tied, and where the rider had previously dismounted.

Sergeant Dean was subsequently sent out from town with the boots found in Stagg's house, and compared them with the footprints which showed the peculiar manner of walking of the wearer as a splay-footed man, and as treading on one side of each foot, as in the footprints in the soft ground. He also compared the boots with the marks seen near the wurley, and found there also an exact correspondence. He also identified a strip — part of a pocket handkerchief — found near the body ; and which had been torn from a handkerchief which was found tied on a bag left by Stagg at the house of Peter Rhodes, at Hindmarsh.

Peter Rhodes at the trial stated that Stagg came to his house on the Saturday before the body of Gofton was found, and took some bottles of water. He had a gun with him, and asked for a razor. He left, and rode from the house towards Port Gawler. He was riding a horse belonging to Tom Oakley. He was at his house again the next day (Sunday). He told him he had left two guns, and would call for them in a day or two.

Geo. Henry, servant to the previous witness, saw Stagg on Saturday. The next day he left a bag, in which he said there were two guns, which was afterwards given to the police. Inspector Litchfield said the bag with the guns was brought to the police-station on the 31st. One end of the bag was tied with a handkerchief ; the other end tied with part of a handkerchief. The barrels were dismounted from the stocks. He examined them and found one loaded and the other had been discharged.

E. Strike, gunsmith, said he knew Gofton and Stag. They were often together. He was shown the guns found in the bag. One belonged to Stagg, the other had been Dick Fenton's. T. Oakley said he lent Stagg a horse on the Saturday before the body was found, which he returned on Sunday. Further evidence showed that on the charge in the loaded barrel being withdrawn, two bullets were found wrapped in a piece of a newspaper which was proved to have been torn from a Register of the same date as the paper found in Gofton's pocket, from which a part had been torn.

Thos. Bray, shoemaker, identified the boots said to have been worn by Stagg on the Sunday as the pair he wore on the Monday morning after the body was found, and at which time Stagg bought from him a new pair of boots.

Witnesses were called for the defence, endeavoring to prove an alibi, but failed. The Jury having retired for a short time, returned and gave a verdict of guilty. Judge Cooper was much affected in passing sentence of death, this being the first occasion on which he had performed that painful duty.

Stagg was hung at the new gaol, being the first criminal who was executed and buried there. He met his death, with quiet firmness, but made no confession.

I have given all the material evidence which was produced at the trial, as necessary, to precede what I have to relate of Lomas's trumped-up romance which become years afterwards produced against himself as the murderer, which I propose to give in this number, although the narrative is of what took place many years after Stagg had been executed for the crime.

At the time the sentence was carried out on Stagg, many people thought there were great reasons to doubt the justice of the sentence, and even the editorial remarks supported such opinions. I had an interview with Stagg after sentence was passed on him, and before he was locked up, which then caused me some uneasiness ; but a number of circumstances which have since come to my knowledge have removed from my mind any doubts on the subject.

One suggestion I heard was that Gofton took his own life. Now, the gun which had been fired was Stagg's, and the one which Gofton may have had with him was brought in by Stagg, and was the one in which the bullets were found, wrapped in a piece of newspaper as stated. If, as had been suggested, Stagg had found his friend dead by his own hand, he would hardly have been so foolhardy as to have taken away the gun.

As to the few words he was allowed to have with me, they were as follows, as near as I can remember : — '' Mr. ——, I am quite content to die, but as an innocent man as to this crime. Do you believe, sir, I would have assisted him to escape, have ridden miles to have given him food, and money to pay his passage, and everyway to help him, and after all to murder him ? I am content to die. I have led a bad life, and confess to you I have previously committed crimes deserving death. I do not desire to live to continue a bad life. I hope you believe me. I would sooner have died in defending Joe, if it had been necessary. I have been a violent bad man, but I could not kill a friend.''

He requested to see me again before he was executed, but as he was in the hands of a minister of religion, I felt it better not to see him, as I had suffered loss by the cattle-stealers, and wished to avoid the subject. It seemed hard to find a motive for his being engaged in taking the life of Gofton ; but I consider, as all chances of his escaping seemed to be lost, his confederates — and there was reason to believe there were several — deemed it safer to take his life rather than to let him fall into the hands of the police, when to save himself he might have ''peached'' as they call it.

As I have stated, Private Lomas arrested Stagg. After he had remained in the police force some time he obtained his discharge on the plea that he had by the death of a relative come into some property. He was a married man, and left his wife behind him. He was not again heard of for some years, and after a certain time his wife consoled herself by marrying a second husband. I will now relate the early history of Lomas, as far as verbally reported to me.

He was transported for life to New South Wales, or, as it was then called, sent to Botany Bay, as having shot a comrade in a quarrel. He had been a private in the army. He must have received a pardon, as he was brought down by Captain Sturt, on whose recommendation he was employed as a trooper in the South Australian police force. Many years after he left this colony the Governor received a despatch from the Secretary of State, giving the extraordinary information that a man of the name of Lomas had confessed that he had murdered a man of the name of Gofton, in South Australia. At this time he was confined in a madhouse, but as he had given the information in a most clear and circumstantial manner, notice was taken of it, and our Governor was directed to make enquiries in the matter. This official communication naturally caused much excitement here.

This confession was mixed up with many circumstances which had occurred, describing that on the Sunday evening of the day of the murder be had been sent by Sergeant Major Alford from the Little Para to the police camp at Port Gawler for rations ; that on his way he met the man Gofton, and shot him. The Governor, as a matter of course, ordered a full enquiry to be made. Judge Crawford had some time before the arrival of this despatch been appointed second Judge, and he was called on by the Governor to conduct the enquiry.

After taking the evidence of Inspector Tolmer and other witnesses, he started out accompanied by Mr. Alford — at this time Inspector of Police — to the place where the tragedy was enacted. He was taken over the whole of the ground where Gofton had been in hiding, and from thence to the place where his body was discovered. Judge Crawford was informed by Inspector Alford that Lomas's statement as to being sent on the Sunday evening for rations was correct, and he showed Mr. Crawford where Lomas started from, and how far along the track he watched him ; and was taken to the place indicated by Lomas, where he said he met Gofton and shot him.

They then measured the distance from that spot direct to the place where the body was found, crossing several small saltwater creeks, and found the distance over three-quarters of a mile, thus proving that it was not possible for him to have conveyed the dead man to the place where he was found. It was further manifest that the Inspector or one of the men must have heard the shot if it had been fired so near the encampment.

Judge Crawford, from his careful examination of the ground, and the evidence of the officers and privates who were on duty at the time, as well as of the other evidence given at the trial of Stagg, pronounced his opinion that there was not a doubt on his mind but that the confession of Lomas was a gross fabrication and reported accordingly.

A most inexplicable circumstance in the actions of Lomas is that of his returning to South Australia after charging himself with such a crime. Information some time after this reached the colony that Lomas, although he did not succeed in getting out of the madhouse by getting a free passage to our colony as a prisoner on a charge of murder, did manage to escape from the asylum in which he was confined, and made straight off to the property he had unsuccessfully claimed, and set fire to the premises.

He had been placed in the madhouse on the complaint of the persons whose property he claimed on his arrival in England, and who declined to accept him as heir-at-law. His conduct at that time had been sufficiently wild and eccentric to gain an orders for his incarceration. He was tried for arson, and was sentenced to transportation to Western Australia, where after serving his time, or obtaining a remission, he managed to make his appearance in South Australia, where he found his wife comfortably settled, and she as may be supposed, declined his protection.

He was brought before the Adelaide Police Court for threatening her second husband, and was dismissed on his promising to leave the colony. He returned to Western Australia, where he said he had acquired possession of an island, and where it is to be hoped he will live and die a regular Robinson Crusoe. It has fallen in my way to be able to relate some of the extraordinary careers of outlawed men out of the thousands who have been sent to these colonies ; but who can say how many volumes would be filled if the lives of others could be given, containing facts exceeding all imaginary works on the same humiliating subject. The serious question is how shall systems of education be conducted to cure such a dark blot in society. (To be continued.)

EARLY EXPERIENCES OF COLONIAL LIFR.—No. XVII. (1877, September 1). South Australian Chronicle and Weekly Mail (Adelaide, SA : 1868 - 1881), p. 17. http://nla.gov.au/nla.news-article90944320