The Albury Bushrangers

Empire, Sydney

3 October 1857

James Gordon and Thomas Brown (two of the men convicted yesterday of bushranging) were arraigned on an information charging them with having at the 26th Mile Tree, in the colony of New South Wales, being then and there armed with certain offensive and deadly weapons, to wit, guns, feloniously assaulted one Charles George Norman Lockhart, with intent, to commit a robbery.

The prisoners pleaded not guilty, and were undefended.

Charles George Norman Lockhart: I am Commissioner of Crown Lands for the Murrumbidgee district; I know the prisoner Gordon; I cannot identify the other prisoner; the man who accompanied Gordon wore a profusion of hair; such a man was examined before the Albury Bench; on a Wednesday, in July, I think the 22nd, a few miles on this side of Mullengandra, I saw two men by a fire on the roadside; Gordon was one of them; a blackfellow who was with me and leading a horse first drew my attention to the men, by his horse shying at some object; when we got alongside the two men, they stopped and took up a double barrelled gun; I told the man leading the horse to make a bolt of it, and I turned my horse and galloped off; Gordon ran some distance after me; he pointed a gun at me, and cried "stop"; Gordon was about 40 yards off, and I was within range of his gun; I did not stop; I next saw Gordon at Albury; I saw another man in custody; the prisoner Brown has a resemblance, especially about the eyes to the second bushranger; I identified two men at Albury.

Alexander Kelly: I am Corporal of the Mounted Patrol, stationed at Kyamba; in consequence of some information I received, I arrested the prisoners near Jingellick, on the Murray River, about sixty miles from Albury; Brown was armed with a double barrelled gun; another gun was in possession of a third party; I know Mr. Lockhart; I was not present during his examination at Albury; two men were charged with committing an assault on Mr. Lookhart; I am quite positive the prisoners are the two men who were then accused at Albury; the personal appearance of the short man Brown has been greatly altered since he was before the magistrates at Albury; he then wore a profusion of hair upon his face.

His Honor, in addressing the jury, expressed an opinion that there was no evidence against Brown on which they could safely convict.

The jury found Gordon guilty, and acquitted Brown.

His Honor said it was a fortunate thing for the country that the prisoner's career of crime had been cut short, and it was also a fortunate thing for himself, for he had been on the high road to the commission of murder, and to the termination of his days upon the scaffold.

The sentence of the Court was, that the prisoner be imprisoned and kept to hard labour in her Majesty's gaol, at Darlinghurst, for a period of three years, to commence at the termination of the sentence passed yesterday.