The Convict and the Soldier

by John P F Lynch

  Frederick answered, “Guilty on the first charge and not guilty on the second charge, Your Honour.”

  The Magistrate ordered, “On the charge of drunk and disorderly you are fined two pounds and costs. We will now proceed with the charge of aggravated assault causing grievous bodily harm.”

  Mr Johnson stood up. “We wish to submit a signed written statement, Your Honour.” He handed the one page document to the clerk and a copy to Sub-inspector Moore as the prosecutor.

  The clerk handed the document to the magistrate who immediately read through the page before looking up at Frederick Lang. “Is this your writing and signature on this page?”

  Frederick answered, “Yes, it is, Your Honour.”

  The crux of the statement alleged Frederick had consumed several drinks and had wanted another. He had only shouted at the barman, Timothy Doolan, to attract his attention. The barman had spoken abusively to him and forced him to leave. Frederick stated that he had become frightened and he had only defended himself with the chair as it was known that the barman was an ex-prize fighter. Frederick had only meant to hit the door and frighten him. He also apologised and stated it was not usual for him to be aggressive.

  After ten minutes of legal discussions the magistrate asked Prosecutor Moore for his comments regarding the statement. He responded, “The crown does not accept the accuracy of the defendant’s statement. It does not agree with the prosecutions’ witnesses statements. There are six witnesses and I would like to start the prosecution’s case by calling them one at a time.”

  The magistrate nodded and asked the clerk to call the first name on his witnesses list.

  A young carrier driver was the first witness called and after being sworn in he was asked to relate the events of the evening in question. He stated that he had just walked into the bar with two friends, when he heard shouting from the defendant. He saw the barman walk to the door telling the defendant to leave. The barman turned to open the door and the defendant picked up a chair and hit the barman in the back of the head. He and his friends tackled the defendant, and with the other patrons, they carried him out and tied him to a hitching rail at the rear of the hotel.

  Mr Johnson said he would not cross examine the carrier driver until all of the crown witnesses had been heard. The witnesses were all duly called and related their recollections of that evening and their stories were virtually identical.

  The prosecutor then called the doctor who attended Tim Doolan and asked for his medical report. The doctor advised that Mr Doolan was still in hospital and had suffered a fractured skull. However, he did expect he would fully recover over time.

  Mr Johnson knew he had a difficult, if not impossible, case to win. Frederick had lied to him. He asked Frederick to change his plea to guilty and allow him to focus on an excuse of, an irrational act out of character, and that he was now remorseful and regretful of his dastardly deed. He would offer compensation and pay for his victim’s expenses. It was time for the lunch adjournment. Frederick said he would think about the change of plea during this time.

  Frederick pondered what would be the advantage of changing his plea. Could he be found not guilty? He realised the witnesses statements appeared irrefutable, as was the medical evidence. Was there a possibility the witnesses could be found to be colluding and/or be declared not fit and proper persons, i.e. disreputable persons? This would destroy the creditability of their witness statements and could create doubt in the mind of the magistrate. He decided not to change his plea.

  His lawyer said, “I think you are making a big mistake.”

  Frederick turned to him angrily. “Do you want to represent me or not? Make up your mind, now!”

  Mr Johnson looked at his client and sensed that this day would finish in trouble. He wanted no part of it. He had his reputation to consider. Fredrick’s lawyer answered, “Good afternoon, Mr Lang, and goodbye.” He stood up, grabbed up his briefcase and walked out of the court house.

  The clerk had been watching this exchange and asked Mr Lang if there was a problem. Frederick advised that he would be representing himself. The clerk advised the magistrate of this change in the court proceedings.

  District Police Inspector Lang was surprised that his son had decided to represent himself. He knew he had some legal training and hoped his son knew what he was doing. Frederick rose and addressed the court, asking to interview the witnesses one at a time.

  The first witness was recalled.

  Frederick asked, “What is your permanent address?”

  He was answered, “I have no permanent address other than my mother’s home in Hobart. I am a travelling shearer going through to Morton Bay.”

  Frederick continued, “And your acquaintances — do you all work together?”

  The witness answered, “Yes, we are all shearers and we travel together.”

  Frederick felt, here was his chance to discredit the witnesses.

  He asked the witness, “Did you at any time discuss the alleged offence with your friends?”

  “Yes, of course,” the witness answered.

  “Then we can assume that the statements you made were decided after your discussions with each other. Thank you. I have no further questions,” Frederick stated.

  Prosecutor Moore stood up. “I would like to ask the witness one question, Your Honour.” The magistrate nodded.

  “On the evening of the incident, I questioned you first. When you were questioned, where were your five friends?” asked Moore.

  “You had the six of us in the main bar. I sat with you and my friends were at the other end of the room.”

  “Did you and your friends speak with each other?” Moore continued.

  “No, you told us not to,” the witness replied.

  “Thank you,” responded the prosecutor.

  “You may step down,” said the magistrate to the witness.

  The magistrate looked to Frederick Lang and asked, “Are you ready to present your defence?”

  “Yes, Your Honour,” he replied and continued.

  “Yes, I did pick up a chair but I only meant to hit the door. The evidence of the witnesses is in question. Not only is it inaccurate but I believe there has been collusion. They are itinerant workers from Tasmania and who knows what their history is. I submit their evidence should not be admissible. Yes, I admit I did commit an irrational act which is completely out of character for me for which I blame on an excess of alcohol served by the barman. I will pay for any costs for Mr Doolan and already have written him a letter of apology. I am remorseful and truly sorry for my action. Thank you.” Frederick then sat down.

  The magistrate asked, “Does the prosecution wish to speak?”

  “No, Your Honour. I believe we have submitted the facts and that they substantiate the charges.”

  The magistrate said, “The court will adjourn for one hour.”

  Promptly on the hour the magistrate walked into the court and assumed his seat. “Mr Frederick Lang, please stand.”

  Frederick stood up. His mother and father looked at their son, and then at the magistrate, holding their breath.

  “Frederick Lang, I have considered your statement concerning your remorse and sorrow for your act. While I believe they are genuine, I find you guilty as charged of aggravated assault on the person of Timothy Doolan, with extenuating circumstances due to being served alcohol when inebriated. However, assault is a most serious crime and cannot be condoned under any circumstance. I hereby sentence you to six months jail suspended conditional upon your leaving the colony within four weeks, plus that you pay for all costs incurred by Mr Doolan’s incapacitation.” The Magistrate then stood up and left the courtroom.

  Frederick sat still, not sure how to feel. He turned, as his mother who sat alongside him, put her arms around him. His father stood over them, silent and depressed. The sentence could have been worse, but it was still a conviction. They climbed into the gig and returned home. They sat there in silence until Paul Lang decided he
would return to the police barracks and do some paperwork. He wanted to be alone and think of how this event would influence both his and Virginia’s standing in the community. He did not even consider how Frederick felt or would react.

  Frederick sat outside in the garden listening to the birds with his mind blank and stared into space. His mother’s call brought him awareness when she asked him if he wanted tea. He went into the house and sat next to his mother. He held her hand and asked if she was feeling well. He still cared for his mother and now felt enormous guilt as to what he had done. While talking to her he decided to leave immediately. His mother agreed to give him the money to pay Mr Doolan’s current costs and she would pay any other future bills.

  ¶

  William McMahon alias Captain Irish rode slowly past the district police inspector’s home. Brendan Devlin had briefed him well and, together with the map of the property, he had devised a simple plan. He would search Frederick’s bedroom first as he believed that he would keep the sword close to him. It would be in the house; he could not imagine anyone leaving a valuable relic in the stables or other outhouses. The house was on a corner surrounded on three sides by a large continuous hedge and a low stone fence along the front. He knew the maid would not be home as she always accompanied Mrs Lang whenever she left the house.

  McMahon made his move an hour after he saw the Lang’s leave to go to the court house. He tied his horse to a tree in the back street, walked alongside the hedge and ducked into the Lang’s garden through a small gap hidden by a large tree.

  Inside the garden he went to the back door and found the door unlocked. This was common in the larger houses in Kyneton. He ran through the house and soon found Frederick’s bedroom. After searching for ten minutes he began to think he had planned the search wrongly. He sat on the bed thinking and was looking around when he saw the base of the trunk beneath the cover near the window. He had thought it was a small table at first and had ignored it. He quickly pulled the cover off and looked for the best way to open it. He ran to the kitchen and returned with a meat cleaver and a small hatchet.

  Captain Irish wedged the cleaver between the wood adjacent the hinge. He soon forced the cleaver in to pry the hinge off the wood side. He did the same to the second hinge. Inside was a large tray fitted into the top half of the chest packed with expensive items of clothing and various papers. Captain Irish lifted the tray up and out to check the contents of the lower half. Lying at the bottom was a linen wrapped package. With excitement increasing he unwrapped the linen wrapping and revealed the stolen cape and inside the cape, in an oil cloth, was the magnificent sword. This really was a treasure. He wasted little time. He replaced the tray and re-laid the clothes on top back in position, hammered in the hinge screws then put the cover over it, leaving the bedroom to all intentional purposes, untouched. He returned the kitchen articles, closed the back door, went to the hedge and, after a quick look, stepped out and mounted his horse. William McMahon, alias Captain Irish, rode casually out of town with the cape and sword in an empty worn wheat bag.

  ¶

  After Frederick’s trial, life slowly returned to normal for the Lang Family. With Frederick gone Virginia felt a sense of relief. However, their circle of friends had diminished and Virginia found that she now received fewer invitations. Paul felt that Frederick’s case had caused him to be less comfortable in the Kyneton community and he now had doubts about his immediate future. Mr Doolan had left hospital and was back working with all his medical costs having now been paid.

  The rate of arrests had decreased to a level where no further complaints of over-zealous police were received by the shire president’s office. The police constables were now well presented and patrolled the town regularly. They had become accepted as an essential part of the community and not a necessary evil as they had been in the past. The Lang’s attended selected functions although they were still cautious about meeting the Hall’s at any soiree.

  Two months after the Keogh trial, District Inspector Lang received advice that an Inspector Dawson and his aide from Melbourne Head Office would be visiting Kyneton to investigate the anomalies in the Keogh case. Lang was not overly concerned at this investigation as he considered the case was of a minor nature and the investigation would be purely for show.

  Lang was wrong, very wrong. Inspector Dawson was a tough no-nonsense ex-London policeman with a nose for procedural abuses and had been investigating complaints against the police for two years. Immediately on his arrival he stated that the investigation would commence at nine o’clock the following day. He submitted to Lang a list of names of persons he required to attend the investigation.

  Lang immediately sent his troopers out to contact the names on the list and advised them of their requirement to attend, including Sub-inspector Moore who was also the police prosecutor, the two constables and Edmund Keogh.

  Inspector Dawson opened proceedings by stating that it was an informal hearing and no decisions would be made by him. He would record the statements made during the proceedings and submit a transcript to his superiors. It would be up to them to make any judgements. He stated that he would ask general questions relating to the transcripts first and then go over the court case in detail.

  The aide read out an abbreviated transcript of the Keogh case and placed several complete transcripts on a table for the use of whoever wished to read them.

  The first person called was District Inspector Lang. He had a complete transcript in his hand.

  Inspector Dawson asked, “Is this transcript of the Keogh case a true and accurate record of the case in question? Do you wish to make any comment?”

  “Yes, it is correct and, no, I have no wish to make any comment.”

  Sub-inspector Moore was called next and asked, “Could you relate your involvement in this case?”

  “My only involvement was in District Inspector Lang’s office the day after his arrest when the clothing was searched and I found a watch in the jacket pocket,” Moore answered.

  “Could one of the constables step forward?” requested the aide.

  A tall solid trooper stood up.

  “I would like you to tell me what happened on the night Edmund Keogh was arrested,” requested Dawson.

  “Constable Rogers and I were passing the Kyneton Hotel when we saw Edmund Keogh stagger from the hotel. He slipped and hit his head on the bluestone wall. We arrested him and walked him back to the police barracks and locked him up,” he answered.

  “Thank you. I would now like to hear from Edmund Keogh,” said Dawson.

  “Mr Keogh, I am unable to find a statement from you in the transcript. Would you tell me what happened on the night you were arrested.”

  Edmund was nervous but replied, “I went to the hotel to deliver an invitation to Mr William Eden. I waited in the foyer for him to come down from his office and then left. It was pouring rain and I had my head down when I was pushed into the wall and fell onto the ground, and then I was arrested. I was walked back to the police barracks where the sergeant asked my name and address, and charged me as being drunk and disorderly. The constables took off their capes and the sergeant took off my coat. I was drenched. Then the constables locked me up.”

  “Please continue with the events of the next day,” said Dawson as he made notes of Edmund’s words.

  “The next morning I was taken with the other prisoners to a courtyard. Shortly afterwards I was led away from them and sent back to my cell. I was only in my cell for a few minutes and then taken to his office—” indicating Lang, “and searched. They found a watch in my pocket.” Dawson noticed the anger Keogh directed to Lang and wondered if there was more to this case.

  “Thank you, Mr Keogh. If the sergeant is here, please bring him in. I was unaware of his involvement,” said Dawson. Sergeant McLeod walked in and was asked to relate his contact with Mr Keogh.

  He started, “Mr Keogh arrived with a bleeding face and drenched from the rain. I wrote down his particulars and remov
ed his coat; it was dripping wet. He then went to the cells. During the next morning’s parade of the previous night’s persons arrested for drunk and disorderly, District Inspector Lang ordered him to be removed from the parade and to have him taken to his office. Keogh looked a bit scruffy so as he went in I gave him back his coat.”

  “Stop there!” said Dawson. “Are you sure about what you said about the coat? What made you remember that detail?”

  “As I gave it to him a very crumpled piece of paper fell from his pocket onto the floor and I picked it up and put it back in the coat pocket,” the sergeant answered.

  “Which pocket?” Dawson asked.

  “The jacket only had one pocket,” the sergeant responded.

  Lang knew what the next question would be. He had not considered that the sergeant would have handled the coat. Only three people had handled the coat and he had been one of them.

  Inspector Dawson said, “Sergeant McLeod, now think carefully before you answer this question, could there have been anything else in this pocket?”

  The sergeant knew a watch had been found in Edmund Keogh’s clothing but not where. He thought for a second or two and replied truthfully, “No, nothing else was in his coat pocket.”

  Sub-inspector Moore’s jaw dropped; he realised his predicament. He stole a look across at Lang, who was sitting there stone faced. Moore began thinking of the incident when the coat fell to the floor behind the desk. Had he unwittingly become involved in a set up?

  Inspector Dawson looked at each of them in turn and Moore wondered what he was thinking. Dawson lowered his head and started making notes again.

  Edmund Keogh was still glaring at Lang with open hostility.

  Dawson said, “Mr Keogh please contain your anger; your trial is over.”

  Edmund replied, “My trial with this man will never be over.”

  “Please explain that comment,” requested Dawson.

  “This man had my son transported to Van Diemen’s Land for fourteen years,” indicating District Inspector Lang. Except for the ticking of the clock on the wall, the room had gone silent.