Thomas Ulick Burke, manager of the Bank of Australasia at Smythesdale, was shot and killed on 10 May 1867 while travelling alone by buggy through the bush near the Coach and Horses Hotel after purchasing gold from claims along the Break-o’-Day road. His valise was found empty, all gold and banknotes taken. Joseph Ballam, an unemployed lodger at the Cosmopolitan Hotel in Piggoreet, had spent the days before the murder quietly canvassing the local claims for yield information, noting that the Break-o’-Day Company would have a good haul that fortnight.
At the Ballarat Circuit Court, before Judge Barry, Ballam and co-accused George Searle, keeper of the Cosmopolitan Hotel, were charged with the wilful murder. Witnesses placed both men on horseback near the route Burke had taken on the afternoon of the killing, their horses shod with shoes of distinctive shape that a farrier could identify. Ballam was convicted and hanged at Ballarat on 7 August 1867.
