A poor man's bushranging

This story has surfaced again, there are all sorts of folklore associated with 'the bushranging gang in Edenhope', much of it associated with an engraving in the 1880 edition of "The Australasian Sketcher".

Reilly's prison photo

The article in "The Australian":- 

THE BUSHRANGING CASE AT EDENHOPE

[BY ELECTRIC TELEGRAPH.]

HAMILTON, THURSDAY.

The Court of General Sessions was opened here to-day before Acting Judge Smyth. Wm. Reilly, senior, pleaded not guilty to the charge of highway robbery at Edenhope. The prisoner, who was undefended, conducted his own case.

E. F. Hearne deposed that he was a grazier, residing at Lake Wallace, and was returning from church in a buggy with his family on Sunday morning, July 11, between 12 and 1 o'clock. On nearing prisoner's residence he saw him run into the road. He ordered witness to pull up or he would fire. He complied, and Reilly then said, "The day of reckoning has arrived ; your friends cannot save you now; and unless I obtain my rights, you will die." At the same time he demanded £300. Witness replied that he did not have so much money on him. Prisoner said, " Yon had better send to Cuik, (would be Crick) the publican, who will give you the money."

Witness asked him to send his son instead, which was done. While the lad was gone Reilly said he would take £100 down if he (witness) promised to give him £200 more on his arrival at the station. As soon as he had agreed to this, the prisoner said - "Do you see that coming down the road ; if you do not stop him, I will shoot him:" at the same time directing his attention to Constable Smith, who was riding towards the buggy. Witness beckoned him to stop, which he did. A storekeeper named Kerr then came up, and in answer to a question, said he had no money on him, but would give witness a cheque for £100. This was done, and the cheque handed to prisoner, who, after submitting it to several members of his family, said. That is all right," and put it into his pocket. Witness was then made to promise another cheque for £200, and that he would not stop the payment of the cheques at the bank or prosecute. During all this time he was covered with the gun at full cock. Mrs. Reilly and her son then proceeded with him to the station where she received the other cheque. He had bought land from prisoner at a sheriff's sale some time ago, for about £700, but there was nothing due to him.

Rose Fox, domestic servant, deposed that the prisoner bailed up the buggy, saying to Mr. Hearne, "Stop, or I will shoot you. I want my rights, and will give you five minutes to determine. If you do not give me at the end of that time £300, you and I will leave this earth to-day."

Mrs. Anne Hearne gave a recapitulation of the above facts, and further deposed that she sent her brother for the police. On Constable Smith appearing, prisoner said to Mr. Hearne, "I will soon have been off. I do not care for all the police in Victoria."

J. G. Kerr, storekeeper, deposed to giving the cheque for the £100 to Hearne, who passed it on to Reilly.

Constable Smith stated that he saw the prisoner covering Mr. Hearne with a gun, and also saw a piece of paper similar to a cheque pass from Kerr to Hearne, who gave it to Reilly. He afterwards, with Constable Balehim arrested the prisoner.

Constable Balehim also deposed to Reilly's arrest. When he got within 50 yards of his residence he saw the family run into the house, and the prisoner come out. Upon trying to open the gate, which was locked, Reilly picked up the gun and said, "If you come a foot further I fire.” After a little trouble he arrested him, and on the way to the lock up prisoner said he had stuck up Mr. Hearne in order to obtain his rights. On searching his house the gun could not be found, and Reilly refused to give up the cheques.

This was the case for the prosecution. The prisoner made a rambling statement about the injustice his wife had received in being imprisoned for no offence whatever. Ever since January 23, 1879, Mr. Hearne had carried firearms for, the purpose of shooting him. He had made at settlement with Mr. Hearne about 50 acres of land which belonged to him (Reilly) and not to that gentleman. In spite of that agreement, however, Mr. Hearne had turned his family out of their home while he (the prisoner) was in the Hamilton gaol. It was in consequence of Mr. Hearne's threats of violence that he had carried the gun when he had demanded his rights.

The judge summed up against the prisoner, pointing out that he could have proceeded both criminally and civilly against Mr. Hearne, if those allegations were true. However, that was not for the jury to decide ; they had only to consider the authenticity of the evidence, and if they believed the witnesses for the prosecution they must record a verdict of guilty against the prisoner.

The jury, without retiring, returned a verdict of guilty, and the prisoner was sentenced to three years' imprisonment.

The Court then adjourned sine die.

So William Reilly served his 3 year sentence in Hamilton, Geelong & Melbourne Gaols - and how do we know? Because now you can access some of the digitised Register of Male & Female Prisoners (1855-1947) files from PROV - there's even a photograph of an elderly looking William Reilly.

 

Returning to the folklore, back in October 1988 the Kowree Advocate published this article and photos on the front page. (right)

This was followed in May 1989 by another article furnishing more of the history of the now demolished cottage. (below)

Both agreed that it wasn't THE cottage - that Reilly's house was on the opposite (north side) of the main street, but it still added to the whole narrative.

So now in 2018 nearly 140 years after the events, researchers are delving into the history of the people involved.
Is the bearer of the cheque the storekeeper Kerr the same person who actually owned the Edwards/Carter cottage, and would therefore be Reilly's neighbour?
Did the Hearne family really swindle the Reilly family of their due in the land sale?
Why was the land up for a Sheriff's sale? 
Who was this man William Reilly, and when & where did he die?
Did the 'rest of the gang' (William's wife & son) also face robbery-under-arms charges?

The Edenhope Historical Society would love to hear from anyone with any information.