The Convict and the Soldier

by John P F Lynch

  He had seen an Aborigine corroboree dance ritual several months ago. It had become common knowledge that the Aborigines were gathering for a celebration. They sent out a message stick — a stick around ten inches long which allowed the holder safe passage through other tribal districts. The message was delivered verbally that a corroboree was to occur, telling where and when. The dancers covered their bodies in emu fat and ochre designs.

  The women had opossum cloaks stretched across their knees to use as drums and a male leader rhythmically struck the two sticks together. Their other musical instrument was the didgeridoo. It was a four foot long, two to three inch diameter hollow tree branch, blown like a trumpet with puffed out cheeks to make a prolonged droning sound.

  The dancers moved side to side and then forward and back, increasing their tempo with the drumming. They bent over, stamping their feet and raising dust then suddenly leapt into the air and finished the dance. After a short time they started again with a different tempo and the women’s voices increased to a shrill. The dance order suddenly became chaotic with the dancers doing different steps. They shouted, jumped, stomped and turned. The leader struck his sticks and the dance was over. It had only taken a few minutes but was exciting to see. Seamus had been impressed at seeing this side of a different culture of a primitive people.

  He watched the camp, wondering whether to turn back or continue on. His mind was made up when his dog barked. He quickly turned and saw three Aborigines approaching him from only fifty yards away. He mounted his horse and started to ride away when he saw one throw a spear which hit the ground in front of the horse. The horse reared and nearly threw him from his saddle. The other Aborigines then threw their spears. He dodged the first spear but the second spear hit him in the back. He felt an excruciating pain under his left shoulder and fell from the saddle. He blacked out, his vision failing. Seamus died within the hour.

  When Michael realized that Seamus was overdue and had not returned, he rode to Kilmore and found Seamus’s dog walking along the road. When he was told he had left the sheep station over two weeks ago, Michael feared the worst. He rode back to Kyneton to report Seamus’s disappearance to the police. He knew he would not be recognised by Inspector Lang but was secretly delighted to find that Lang was in Melbourne meeting his son and taking two weeks leave. Sub-inspector Moore was the senior officer. He quickly assembled a search party which included an Aborigine tracker. Michael and Seamus’s dog accompanied the party.

  They went to Kilmore and headed back to Kyneton. They started a two mile wide search from the sheep station. The Aborigine and the dog were out in front of the search party and generally headed in the direction taken by Seamus. They travelled through bushland and over cleared land stopping at the various farmhouses on their path. They asked farmers, “Have you seen Seamus?” Each time the search party received a negative reply.

  As they were crossing a large open paddock, the dog started barking. It ran ahead to a hill top and stopped and sat down. The search party stopped and looked at the tracker, who had jumped off his horse and walked to where the dog sat. He then walked around in a large circle. The dog did not move. This was the place where Seamus had been speared.

  A constable called out, “There has been an Aborigine camp down there,” pointing down the hill. The tracker went to the camp and started walking around the centre of it where some mia-mias were still standing. He bent over low to the ground. After about five minutes he looked up and said, “Dig here, Boss.”

  Sub-inspector Moore organised his team to start digging. After about five minutes’ toil, Seamus’s body was found.

  It was in the exact spot the tracker had indicated. Later when Michael asked him how he knew exactly where to dig, he pointed and replied, “Plenty blow flies longum ground dere, Boss.”

  Michael looked closely and also saw the flies on the ground. Two constables were detailed to take Seamus’s body back to Kyneton.

  The sub-inspector called the tracker to him. “Lokum this fella tribe plenty quick time.” The tracker mounted his horse and, leaning to one side, circled the camp before heading north into the nearby mountain range. The tribe was large and easy for the tracker to follow. Within two days they had located the tribe which was waiting for them.

  The police drew their swords but it appeared they would not have to use them. An elderly headman approached them with three young men walking behind him. The remainder of the tribe watched in silence; none of them had weapons in their hands.

  The tracker and the elder sat on the ground and spoke quietly for a few minutes. Sub-inspector Moore stood immediately behind the tracker looking down at the elder. He sensed that the three Aborigines with the elder were the culprits. None of the Aborigines made eye contact with him. He was later to learn that this was normal for the Aboriginal race.

  The tracker stood up and pointed, “That fella killum white man. Long spear belongum him.” He identified the tallest of them.

  Sub-inspector Moore ordered his constables to arrest and handcuff the tall Aboriginal.

  The tracker pointed to the other two. “They missum spear longa dem.” Sub-inspector Moore thought for a moment and could see no useful purpose being served by arresting all of them. He decided that they could go back to their people. Turning to the elder he asked the tracker to thank him for his action in handing over the culprit. The search party returned with the murderer who was held in jail in Kyneton to await trial.

  The local people cheered the party as they rode back into town. The shire president made a brief speech of acknowledgement for their quick and decisive action bringing immediate success in apprehending the culprit.

  Seamus Lynch’s funeral was simple with only twenty people attending. Michael felt his death most deeply. They had enjoyed good times and had suffered the bad together. He would be missed. Jack Lodge was no more.

  He sat on the porch looking out over the hills, reminiscing over their experiences, and suddenly realised that he now had a dilemma with Sean’s share of the farm. Where was Mary Kirwan? She now owned half of the farm. He knew she lived in Limerick but that was five years ago. He decided to write to Patrick to see if he could help locate her. That very night he wrote to his brother and forwarded some money for her boat fare — if he could find her!

  ¶

  District Inspector Lang and his wife were enjoying his leave. Frederick’s ship was due to arrive the following day and they both looked forward to seeing him again. As he sat in the hotel breakfast room he glanced at the newspaper and was stunned when he read of the murder near Kilmore and the involvement of the Kyneton Police in the discovery of the body, and the apprehension of the culprit by his sub-inspector. His mood quickly turned to anger. Why had they not contacted him? The same day he received a note and a copy of the report. This did not satisfy him. He would sort his sub-inspector out when he returned. His jealousy knew no bounds.

  Frederick Lang’s ship arrived on a dawn high tide and he was one of the first passengers to disembark. His mother had assumed a vantage position on the pier and immediately saw him. She loudly called out his name above the noise of the hustle and bustle of the workers and their carts.

  He waved to his mother and ran forward, laughing. His mother responded by opening her arms to embrace her son. Paul Lang stood alongside her unsmiling and summing up his son. Frederick had grown taller but was still lean. He had grown a large ginger moustache and was dressed in dandy clothes. Paul could see already that he would not be suited to the Kyneton lifestyle.

  After stepping back from his mother’s embrace, Frederick turned to his father, offering his hand. He could sense that an embrace with his father was not forthcoming. The hand shake from both was purely a gesture.

  His father had been unable to forget the Irish incident and Frederick knew it. Paul said, “You look well! We look forward to hearing of your voyage. I will find a porter to collect your trunks and travel to Kyneton today. We will arrive around sunset.” He walked to a group of porter
s standing idle awaiting a job. His mother held Frederick’s arm as they walked to where the baggage and the cargo was being unloaded.

  The coach ride to Kyneton was uneventful. Frederick sat by a window area comparing the colony’s countryside with England. He was unimpressed by the rawness of the colony, the unmade roads, the hovels, the casual dress style and the emerging accent through the multiplicity of languages of the many emigrants from all over the world. He was used to the lifestyle of the upper middle class and wondered how he would handle this new environment.

  The coach rolled into Kyneton and stopped at his parents’ new home. The driver helped Frederick with his trunks and, with a crack of the whip, headed his coach down the main road. His room had a comfortable and clean feeling and was overlooking Main Street. He only unpacked the large trunk. The other smaller trunk was double locked and he had the maid cover it with a table cloth and place a few ornaments on it. He said it made the room look neater and he did not want to put it in the storeroom.

  District Inspector Lang’s return coincided with the magistrate’s hearing of the murder of Seamus Lynch. The next morning he went to his office and immediately called Sub-inspector Moore to report to him. Moore had just completed his court briefing papers ready for the hearing. These papers summarised the final report.

  Lang ordered him to stand. “Explain your reason as to why you did not inform me of your search for the murderer.”

  Moore was astonished at this question. He replied, “You were on official leave and off duty. I did give you the courtesy of sending a preliminary report to you in Melbourne. I planned it to arrive on the day you were due to finish your leave to ensure you were up to date when you returned on duty in Kyneton.”

  Lang retorted, “I will be charging you with dereliction of duty — not keeping your senior officer advised during a capital crime investigation. Dismissed.” After Moore left, Lang also headed for the door and noticed an envelope marked for ‘Immediate Attention’. He picked up the envelope then, looking at his watch, he realised he had very little time to reach the courthouse on time.

  A shocked Sub-inspector Moore left the police station and headed to the court house for the hearing. His final report was the main document regarding the murder summation, for which he had been required to attend today. As he sat waiting to be called, District Inspector Lang arrived. He was the senior officer and was called into the court first. In his fury, Lang had neglected to realise he only had a preliminary report and quoted from this document. He had not had time to read the envelope on his desk. This mail had a copy of the final report.

  On arrival at the court house Lang was the first person called. The magistrate asked him several questions for which he did not have the answers, such as the autopsy report and witness statements from the other members of the search team.

  Moore was called next and asked what he could add as he was the investigating officer. His briefing papers held the answers to all of the magistrate’s questions and he was soon dismissed. After three more witnesses were called the magistrate quickly made a ruling for the accused to stand trial for murder. He thanked the court and stated that he would put on record the manner and professionalism of the search team and in particular the leadership of Sub-inspector Moore.

  He turned to District Inspector Lang. “Sir, you are to be complimented on your choice and quality of staff.”

  Lang returned to his office, seething from his misfortune at his lack of involvement in the murder case. It would be in all the newspapers tomorrow, together with the compliment to his junior officer. He sat at his desk and then realised he still had the large envelope marked ‘For Immediate Attention’ in his hand. Opening it, he became aware that this was the final report which he had needed to read prior to attending the court case. His anger had clouded his professionalism and had alienated his deputy. He wisely decided not to proceed with his threat of charging him with dereliction of duty and did not raise the issue again.

  District Inspector Lang decided to stamp the authority of his office on the community. He inspected his team each morning, together with their mounts and their horse stalls, set arrest targets for each of the troopers and increased the work hours of their supervisors, including his deputy.

  At first, the changes were accepted without question; the team did need an improvement in their performance and attitude. However, the arrest targets ran into trouble after two months. There was insufficient crime for the troopers to reach the targets. It got to the stage that false charges were being laid by the troopers and this soon became well-known around town and in particular in the hotels and inns.

  The hoteliers began to complain to the shire president’s office about the troopers waiting outside their establishments, selecting patrons to be arrested. The troopers intimidated and provoked the patrons. The troopers pushed and shoved patrons, pulling on bridles, until the patrons retaliated. Some drunken patrons were thrown into the back of a cart and were driven from the town precincts and dumped miles from home. The next morning the arrested patrons would be brought to court, battered and bruised, clothing torn and generally looking most disreputable.

  The district inspector, by alienating his deputy, was not made aware of impending trouble and continued to think his arrest target policy was a success and welcomed by all.

  The increase in arrests from the previous three months figures was over three hundred per cent. The shire president became interested in these figures and the relevant complaints. He decided to invite the district inspector to dine with him at the Royal Hotel.

  Lang arrived at the hotel delighted to be invited by the civic leader.

  The luncheon began pleasantly with only small talk and discussion on minor civic matters. After the table was cleared and coffee and refreshments served, the time had arrived to discuss the policy of arrest targets and subsequent complaints. The shire president started the discussion by asking Lang to give an update on this policy.

  Lang began, “I am delighted to report an increase of one hundred per cent of arrests for civil disorder over the last three months, with weekly arrests figures remaining steady.”

  He was surprised when asked by the shire president, “When would we expect to see a decrease in these figures? The populace should be seeing the light by now and I would have expected to see a reduction in the number of weekly arrests by now.”

  Lang thought before he answered, as he was unsure where the conversation was heading. “I believe that my policy is making a safer town and I have no doubt that this would also be an objective of the shire council.”

  “Yes, you are correct but I have been receiving complaints about the methods your troopers are employing to obtain these figures. Particularly the extra force being employed,” responded the shire president.

  “Sir, you should be aware that many of the culprits being arrested need to be restrained and sometimes injuries will be incurred. However, to allay your concerns I will personally accompany the troopers on some patrols and observe their arrest procedures,” said Lang.

  The shire president stood up, indicating the luncheon was now over and offered his hand. “Good, I like that idea. We will dine again soon. Good bye.”

  Lang returned to his office, wondering from where these complaints originated. He did not believe that they were coming from the offenders that had been arrested. More likely they were from influential businessmen, particularly the hoteliers. He would need to be careful, but first he would check the arrest procedures of his troopers.

  He did not have long to wait. That very night his troopers arrested Edmund Keogh as he left the Kyneton Hotel and charged him with being drunk and disorderly. Keogh was taken to jail. During the arrest he was pushed heavily into a bluestone wall and suffered lacerations to his face. As an old man the troopers thought he was an easy target. They were unaware he was the father-in-law of Captain John Hall of the King’s Own 12th Regiment.

  Edmund had been to the hotel to deliver an invitation to William E
den at his office. William was invited to join John Hall at Sunny Lodge farm for dinner. Edmund Keogh had not had a drink. He had only been inside the hotel for five minutes, waiting in the foyer for Eden.

  This event contributed to the final downfall of Paul Lang. Edmund planned to stay at the barracks with John for the night and ride back next morning. When John realised that Edmund had not returned he rode to William’s office at the hotel. Fortunately William was working late and advised John that Edmund had delivered the invitation but had left the hotel over two hours earlier.

  This worried John as the distance between the hotel and the barracks was only one mile. As John was leaving the hotel he saw Sub-inspector Moore riding back into town with a police squad of four troopers. John hailed him.

  Moore dismounted and they shook hands. They knew each other to nod to but had not met formally. John told Moore of his concern for his missing father-in-law and asked him to keep an eye out for him. John and some of his soldiers rode around town searching the streets until failing light made further searching impossible.

  In the morning the cells were cleared and the arrested men were lined up to be marched to the court for their appearance before the magistrate. Lang had started to take more interest in his target arrest policy and began to read the list of names of the previous night’s arrests, when he saw the name — Edmund Keogh.