1863: One Shot from the Bush: the Outlaw Whose Rescue Attempt Killed His Brother

Larry Cummins was 20 when a Goulburn jury convicted him of armed robbery and he was sentenced to fifteen years of hard labour, the first in irons. His accomplice in the hold-up, both men with blackened faces, had been his 18-year-old brother. And the charge everyone was talking about had already been dropped: the murder of that same brother.

Weeks earlier, police had found the younger Cummins hiding in the loft of his mother’s hut. He fired twice at the constables before surrendering, and they saddled one of the family’s own horses to take him to the lockup. Eight miles along the track a single shot rang out from the bush. It struck the prisoner behind the ear; he “gave one groan” and died. The constables never saw the gunman, only heard a horse galloping away. The shot was assumed to have been meant for the constable, and the man behind it to be Larry, trying to set his brother free. There was not enough evidence to try him for it.

Three years later Cummins escaped from Berrima Gaol by crawling through 120 yards of sewer, only to be recaptured within months. Released in 1876, he lived out his days in Victoria under another name, as a drover and whipmaker, and died in 1909.

Sepia portrait of bushranger Larry Cummins 1843 to 1909
Sepia portrait of bushranger Larry Cummins 1843 to 1909

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1937: Convicted of Kidnapping: Two Years Before Becoming the Last Prisoner Executed in NSW

John Trevor “Jack” Kelly was found guilty of kidnapping on 23rd September 1937, and was sentenced to eighteen months’ imprisonment, with a recommendation that he undergo observation following concerns about lasting effects from a motor accident.

Released in November 1938, Kelly committed murder less than three months later. He stood trial before the same judge who had sentenced him for kidnapping, but this time he was sentenced to death, becoming the last prisoner executed in New South Wales.

John Trevor Kelly axe murderer.
John Trevor Kelly axe murderer.

⬅ See all events from 23 September

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1952: Australia’s First Thallium Poisoning Murder Conviction: Yvonne Fletcher Sentenced to Death in Sydney

At the Central Criminal Court in Sydney, 30-year-old Yvonne Gladys Fletcher of Newtown was sentenced to death after a seven-day trial for the 1948 murder of her first husband, Desmond George Butler, who died after months of wasting illness caused by thallium poisoning. Asked if she had anything to say before sentence was passed, she replied simply, “No, your Honor,” but moments later a prayer book she had carried through every day of the trial crashed to the floor and she collapsed in the dock, sobbing, as police lifted her out.

Mr Justice Kinsella told the court the crime was “horrible” because the poison had been “secretly administered within the family circle” to an unsuspecting victim, destroying him “mentally and physically while permitting him to linger for months in wretched agony.” Fletcher was the first person in Australian criminal history convicted of murder by thallium poisoning, and the jury recommended that the sale of the poison to the public be banned outright.

What the sentencing did not reveal to onlookers was already known to the court: Fletcher had also been committed for trial over the death of her second husband, who had died from the same poison at Newtown only months earlier. The Crown Prosecutor noted the chilling parallel between the two cases, telling the jury, “There is no question that both Butler and Fletcher died from thallium poisoning… the same matrimonial discord, the same hatred towards each man, the same sudden illness, and the same dreadful symptoms.” The judge himself observed that had this conviction concerned her second husband, evidence of his cruelty toward her might have offered some mitigation, but no such excuse existed for the killing of her first.

Yvonne Fletcher and Second Husband: Photograph by Robert Haswell. Gift, 2006. Justice & Police Museum Collection, Museums of History New South Wales, JP2006/1.
Yvonne Fletcher and Second Husband: Photograph by Robert Haswell. Gift, 2006. Justice & Police Museum Collection, Museums of History New South Wales, JP2006/1.

⬅ See all events from 23 September

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1852: The Last Public Hanging in NSW: Francis Thomas Green Executed at Darlinghurst Gaol

Francis Thomas Green was hanged at Darlinghurst Gaol on 21 September 1852 for the murder of John Jones at Buckley’s Creek on 10 March that year, shot dead with a pistol. The execution holds a grim distinction: it was the last public hanging carried out in New South Wales.

The morning of the execution broke dark and drizzling, yet the crowd was of the usual size, with women reportedly outnumbering men by nearly three to one. A carriage carrying women described by the press as being of “respectable exterior” was drawn up directly in front of the gallows, its occupants showing what one newspaper called a “disgusting eagerness” to secure the best view, while mothers nursed infants and children ran boisterously among the onlookers.

Green’s wife visited him for a final farewell the day before his death, the only moment he was seen to show real emotion. He spent his last night in prayer with a Roman Catholic priest, having initially refused all ministers before requesting Catholic clergy in his final days.

Green made a partial admission to a gaol official before his death, saying that Jones had fallen by his hand “in the heat of a sudden quarrel”.

Darlinghurst Gaol northeast corner view from Burton Street 1870
Darlinghurst Gaol northeast corner view from Burton Street 1870

⬅ See all events from 21 September

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