The exercise
yard was situated between the gaol itself and the SE outer wall and was
divided off from the general yard by a high and close slab
|
paling fence. In the West
paling fence was the entrance to the yard through a locked
stout wicket door. The men made a ladder on the western wall
by placing prisoners' rolled up beds (which had been taken out
for airing) on top of each other. Davidson being taller first lifted Smith on to the top
of the paling and Smith then drew Davidson to the top and
they slipped down into the general yard unobserved by the
constables or gatekeeper . The gate was
placed about the centre of the SW outer wall, and running along inside that
wall and extending from near the gateway to the Southern corner of the wall
were a series of low slab buildings using as a cooking house.
The two men climbed on top of these buildings and although they were
then observed by the gaol constable, they
managed to let themselves down the outside by a rope and
escape into the thick scrub of gum trees and bushes on the
southern side of the gaol. By the time the alarm was
raised and police magistrate
Edward Denny Day had raised
a posse of
police |
 |
and volunteers, no trace of the men could be found. The
pursuit continued throughout the evening and for the next two
days without sight of the runaways and a notice of their
descriptions was posted.
Davidson was described as a
thick stout determined looking man of 45 - 50 years of
age. 6' tall with a weather beaten countenance with deeply
marked furrows and few whiskers he was said to be without
any savage or ferocious expression. He had previously been
attached to a survey party at Port Stephens. Smith was a
slight man of 5'7" with a thin sharp nose, high cheek
bones, sandy whiskers and light brown hair. His eyes were
small and he wore an expression of indecision in his
countenance. He had been employed as a groom by Mr. Blaxland at Wollombi.
Soon after this an investigation took place
regarding the manner of escape of the two prisoners.
William Tristram was dismissed from his position and
replaced as Governor of the gaol by James Cox who was paid
a salary of £100.
Ann Cox his wife was matron at the gaol. Mr. Tristram was
also required to repay money he had been drawing in
government rations for his private servant.
Other changes
also took place at the gaol. The turnkey Mr. Tierney was
promoted to principal turnkey replacing Major Lackey who
was dismissed. Patrick Toole was appointed turnkey in
place of Tierney and K. Rigney was appointed gaol
constable in lieu of Constable Galvin who was on duty in
the yard where the prisoners escaped.
In September the
Maitland Mercury reported the capture of Davidson -
Gallant
Re-Capture of the felon James Davidson -
The public will be somewhat gratified to learn
that this man, who with his accomplice made his escape from
the Maitland gaol, has been re-taken at the Australian
Agricultural Company’s station, Bundobah by Mr. Charles King,
of Tahlee, assisted by his groom, Edward Stacey, and two
stockmen after a most determined and obstinate resistance. On
Monday evening, the 24th instant, he crossed the ferry at
Sawyer's Point, and, passing through Carrington the following
morning, reached Bundobah in the afternoon. At Sawyer's Point
ferry he said his name was Young, at Tahlee garden he said his
name was Cook, but at Bundobah, being recognised by some of
his old acquaintances, he said his name was James Davidson.
On Tuesday evening Mr. Charles King and his groom proceeded to
Bundobah, and there, lying on a bed in the hut, discovered a
stranger, who stoutly denied that he was the robber of the
Singleton mail, although his name was Davidson. Mr.
Charles King, how-ever, felt convinced that he was so, and
presenting a pistol at him, demanded his surrender.
With many threats of determination to resist,
he remained in the hut for some time, and at length forced his
way out of it, saying he would light a fire and camp outside,
this he partly did, but soon began to move off. Mr. C. King
and his assistants immediately followed, and finding he was
making for a creek, where he would probably get away from
them, the groom let fly his pistol after him. Davidson's
foot tripping at the same instant, he fell into the
water-hole, while he was scrambling out on the other side, Mr.
C. King's foot also tripped, and he found himself in the water
with Davidson immediately above him, who flourished an
enormous club with which he had armed himself.
At this juncture, Mr. King presented his pistol
at him, but the cap missed fire. Observing from this
determined act what he had to expect, Davidson
retreated from the hole, and on the level ground soon found
himself surrounded by the party. It might have been possible
here to grapple him, but the quick eye of the blackfellow,"
Cobrabald," detected the moonbeams gleaming on a long and
pointed knife which he had found in the hut, and which he now
threatened to use with bloody violence against any one who
dared to touch him. Mr. C. King now called out to the
blackfellow to knock him down with a waddy, but not a sound
stick could he find, though he left the mark of one of his
missiles on his cheek bones. Finding now that Davidson was
advancing towards him, Mr. C. King discharged his pistol at
him, and lodged one of the swan drops with which it was loaded
in his hand. Davidson then turned and ran, followed, as
best they could, by his pursuers. The injury which he had
received in his back, probably in jumping from the gaol wall,
prevented his running more than about three hundred yards,
when he again stood at bay with his knife and club. The fear
of again receiving the contents of Mr. King's pistol, at length
induced him to return with them to the hut, but he would not
give up his knife and club until he began to feel faint and
sick. He would not allow himself to be secured, but mounted a
horse, which was led into Carrington. On the road, the escort
was relieved by a small party from Stroud; he was finally
lodged in the lock-up at Carrington,
He was then
taken Maitland in custody of constable Evans and Edward Stacey,
Mr. Charles King also accompanying the party. At Raymond
Terrace they got on board the steamer to come to Morpeth, and
as it happened that Mr. Day was on board, all doubt as to Davidson's
identity was cleared up at once. Davidson states that
when he dropped from the outer gaol wall the rope broke with
him, and he fell nearly the full height, alighting on his
nether end, and receiving a heavy shock throughout the
back-bone; that he and Smith got as quickly as possible about
two miles and a half from the gaol, where they lay quiet, and
while lying concealed saw a constable hurrying past ; that on
the following day they parted, nor had he seen or heard of
Smith since ; that he (Davidson) was put across the
Hunter below Raymond Terrace, by an old man in a boat, and
from thence made his way to Port Stephens. Davidson states
that ever since his fall he has experienced much pain and
weakness in his back. He is now, we learn , too weak and ill,
from this cause and the injuries he received in his
re-capture, to be in a fit state to be removed from the gaol;
and the injury to his back is said to be so serious that it
will be many years before he fairly recovers from its effects,
if he ever does so. Of Smith's movements nothing has yet been
heard, beyond what Davidson has stated as above.
Maitland Mercury 22 September 1849
