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The Clarke Brothers


We Australians tell stories about bushrangers with a touch of ‘romanticism’ and ‘daring-do’ – as if they were Aussie Robin Hoods (… men, as the soundtrack of the movie repeatedly reminded us were 'feared by the bad, loved by the good'). Tough times, tough men, tough deeds.

* The Clarke Brothers

Well, why don’t you be the judge and decide for yourself whether such hagiography is justified. Here is your brief.

Monument to the 'Special Constables' killed by the Clarke Gang

Consider Your Verdict...

CASE: CROWN v. THE CLARKE BROTHERS
DATE: 1867, SYDNEY
DEFENDANTS: TOM and JOHN CLARKE
CHARGE: MURDER AND ROBBERY
JUDGE: CHIEF JUSTICE OF NSW (in this case, YOU)

Prosecution Case: Highlights
  • Tom, a member of Ben Hall’s gang.
  • Tom and John lead their own gang, the ‘Jingerra Mob’.
  • Gang is active across a huge area (Cooma, Michelago, Braidwood, Araluen, etc) – Property Crimes: Robbery and Theft
  • 1865 Tom escapes from Braidwood Gaol by scaling wall.
  • February 1866 Bail-up and disarm 5 police at Morris’ Hotel, Araluen.
  • After a day at Cooma Races, held up the hotel at Nerrigundah, shoot and kill Constable O’Grady.
  • Four undercover police ('Specials') sent from Sydney. Their ‘cover’ (as party of surveyors) sprung, ambushed. All shot to death (two, allegedly, after surrendering).
  • Crime wave escalates. Gang member Pat Connell captured, Jim Taylor dies from fall off horse, Billy Scott shot to death (by persons unknown).
  • April 1867. Two Clarke Bros. ambushed by police. They surrender and are sent (via Nelligen) by ship to Sydney for trial.

* The capture of the Clarkes by George Lacey, 1867


Defence Case: Highlights
  • Brought up in harsh conditions, deprived of education and opportunity, by a class-system that looked down on the progeny of convicts.
  • Sectarian Bigotry: Irish Catholics positioned at bottom of social scale.
  • The Clarkes received sympathy and support from local working class community for 'thumbing their noses' at authority.
  • Police provocative in their ‘persecution’ of the gang in early days before killings started.

The tree at Nelligen where the Clarke's were tied, awaiting shipment to Darlinghurst Gaol

‘HE’S DEPRAVED BECAUSE HE WAS DEPRIVED” – Lyric from West Side Story 'Dear Officer Crupkee'.

HISTORICAL VERDICT: GUILTY: DEATH BY HANGING

Police were held in relatively low regard. Their 'betters' thought them to be too sympathetic and too lenient because they were often of the same class as criminals. Their 'peers', working class and farm workers, thought they were 'ratting' on their own kind by enforcing the law of the upper classes.

It was a complex situation… but sometimes the police really did get it badly wrong.

UNFOUNDED OPTIMISM
—“it would be impossible for me to give you a correct idea of the great sympathy shown for the bushrangers as the rapid means of communicating the movements of suspicious parties (like ours*): but we have every hope that before long we will outwit them” —
JOHN CARROL,  Leader of the 'Specials' writing to the Premier, Sir Henry Parkes before their being ambushed and shot
*aided by us

* Image Acknowledgements - credits page
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