Sydney Morning Herald (NSW : 1842 - 1954), Tuesday 17 March 1863, page 3


THE CAPTURE OF PATRICK DALEY.

{From the Lachlan Observer, March 14.)

Almost coincident with the arrival of the mounted con-

stabulary, under Mr. Inspector Black, we have to chronicle the capture of one of the notorious Gardiner's gang. It appears that a portion of the newly arrived police were drafted off to form a station in the immediate vicinity of the Weddin Moun-tains. On Wednesday morning last, whilst Sir Frederick Pottinger with Billy, the black tracker, and some of the mounted police were out in the neighbourhood of the sus-pected bushrangers, near the Weddin Mountains, the tracker detected fresh footprints of a horse crossing the path Sir Frederick and his party were pursuing ; and direcing his master's attention to the circum-stance, Sir Frederick turned his course in the direc-tion of the tracks. Billy soon pointed out the identical tree which had afforded such friendly protec-tion to Mr. J. O. Norton, the sub-inspector of police. Sir Frederick Pottinger was directing his course again, when he espied in the distance, through the foliage of the trees in the bush, a mounted horseman, and at once gave orders for pursuit. The party were now in the vicinity of the Pinnacle reef, and, first of all ordering two of his troopers to make round the hill, on which the reef is situ-ated, in order to intercept the flight of the horseman, Sir Frederick, with the black tracker and the two remaining troopers, continued the chase. All this was done in less time than it takes to write, and very shortly afterward, Sir Frederick pulled up before some deserted-looking huts and found a horse, with a saddle on it, tied up to one of the huts. He at once recognised the horse to be one he had seen the night before in Ben Hall's paddock, "all in a sweat," to to use the baronet's own language. The black-fellow also recognised a pair of girths on the horse as being a portion of the property stolen from the Police Barracks, at the Pinnacle station, on the occasion of that place being stuck up and robbed during the temporary absence of the police, shortly before. Entering the huts, Sir Frederick saw two or three men in-side, and finding them unwilling to answer his questions, he threatened them, whereupon he was informed that the rider of the horse was down a shaft on the reef abovenamed. Proceeding to the place indicated, Sir Frederick called to the man (presuming him to be there) to surrender, but received no answer. Again, after an interval, the same request was repeated, but met with no response. After several minutes, the supposed bushranger was again summoned to appear, without eliciting any reply. At length, finding mild exhortations insufficient, Sir Frederick threatened that he would at once proceed to burn and smoke him out like an opossum. The man not liking the latter alternative, surrendered at discretion, and was immediately taken into custody. Daley is a mild, youthful, whisker-less looking person, with light blue eyes and fair com-plexion. There is nothing in his physiognomical expression outwardly to denote the degraded villain.

On Thursday, Patrick Daley was brought up at the Police Court, Forbes, before Mr. D. W. Irving, charged by Sir Frederick Pottinger with shooting at, with intent to kill or do some grievous bodily harm, John Oxley Norton, sub-inspector of police, on the 28th February, near Wheogo. The prisoner was also charged with breaking into the police barracks at the Pinnacle station, during the tem-porary absence of the police, and stealing therefrom fire-arms, &c., the property of the Government.—Sir Frederick Pottinger, sworn, deposed that he was superintendent of mounted police for the Lachlan district. On the morning of yesterday, apprehended the prisoner (Patrick Daley) on the Pinnacle Reef—it might be called Macguire's Reef ; he knew it as the Pinnacle. Having dis-covered his hiding-place, challenged the prisoner repeatedly to surrender, but received no answer. Threatened, then, that if he did not at once come up, to smoke him out, and had given directions to do so when pri-soner called out, "I suppose it's no use ; I must give myself

up." The shaft is sixty feet deep. The prisoner came up a ladder, or sort of permanent ladder. Took him into cus-tody. Directly prisoner showed his head above the hole, the black tracker identified him as one of the three men who fired at Mr. Norton on the occasion of taking him prisoner at the Weddin Mountain. Ben Hall and John O'Mealley were the men prisoner was with when several shots werefired at Mr. Norton and Billy the tracker. Had just previously passed the tree where Mr. Norton stood. The black tracker showed me the tree, and I saw the marks of two large bullets upon it, near where Mr. Norton stood ; one was just over the head, and the other in a line with the chest. Prisoner could be identified as one of the men who broke into the police comp at the Pinnacle station. The black tracker identified a pair of girths which belonged to him (Billy) ; they were stolen from the Pinnacle station or barracks. Had received information from Captain Battye that the prisoner is implicated in several robberies committed near Lambing Flat recently. When searching nothing was found on the prisoner, not even sixpence, nor firearms. The prisoner had evidently a plant somewhere. Went down the shaft, and found nothing there. Had no further evidence to produce ; but in the absence of Mr. Norton, who, with the black tracker, was away, he would apply for a remand for seven days.—Prisoner was asked by the Bench whether he had any questions to ask the witness, and replied in the negative. Remanded for seven days.