Patrick Cuffe was one of the two fifteen year olds, the youngest of the 199 men who arrived on the convict ship Boyne in 1826. He had been sentenced to 7 years transportation for stealing tinware in Kilkenny. Thirteen other men on the Boyne were also tried in Kilkenny.  The Guard on the Boyne consisted of Captain Wright of 39th Reg., Lieut. Barr and Ensign McDonald (of 3rd Regt), 2 sergeants, & 50 rank and file of 39th and 2 rank & file of the Buffs.

John Toole arrived on the Royal Admiral in 1835, having been tried in Dublin in 1834. He absconded from No. 3 stockade (Newcastle) and was apprehended in December 1837 or January 1838 and sent to an iron gang where soon after he teamed up with Cuffe to rob the house of William Vivers at Greig's Creek 14 miles from Jerry's Plains.

Vivers recounted the robbery when giving evidence in court - 'the man asked if he had any prisoners on the farm; Vivers replied, there were some, on which he was told to order them up from the stockyard; Vivers refused; the man replied “I suppose you know who we are, if you stir I will shoot you; it’s death for what we have already done, whatever we may do hereafter.” One of the men went down to the stockyard, carrying a pistol in each hand, and brought up the assigned servants, three in number.

They put the men and witness in a row a short distance from the verandah of the house, and told the men if they stirred, they would be shot

They then demanded the keys of the house, which Vivers refused to give them, they repeated their threats, until at length he was induced to give them up when Cuffy said “put a ball through him if he hesitates.” The keys were given up to Toole. The other two went into the house, Toole ordering witness and his men into the kitchen.  A double-barrelled fowling piece was brought out of the house and handed to Toole, who loaded. When they were ordered into the kitchen, witness at first refused to go, on which one of the bushrangers took him by the shoulder and pushed him in; another said “put a ball through him if he hesitates a moment.”

After terrorising Vivers and his servants, Cuffe and Toole departed with clothing, hats and silk handkerchiefs. William Vivers rode to Jerrys Plains himself to alert the authorities of the robbery and three mounted policemen and a native black returned with him.  That same night the native found the bushrangers' track about half a mile from Vivers' house.

The pursuit party continued the next day and at last came upon  Cuffe and Toole near some rocks about ten miles distant from Viver's dwelling. The pair eventually surrendered although they must have known the fate that awaited them.

Although Justice Burton took time to consider before he 'passed that awful sentence which it would be out of his power afterwards to recall', however as the robbery was committed with considerable violence and the prisoners had fire arms in their possession which they presented, it was impossible for him to avoid passing a sentence of death.

On Saturday 19th March 1838 they were removed from the Sydney gaol on a dray, seated on the shells intended for the deposit of their remains, and taken to the King William steamer bound for Newcastle where they were to be executed in front of the Stockade men on Tuesday 20th March. The Sydney Gazette reported that during their progress to the steamer, they manifested the most perfect indifference to the awful doom awaiting them.