Appendix 1 - Ben Hall – Magisterial Inquiry 6 May 1865

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DEPOSITIONS taken at a magisterial inquiry held at the Police-barracks, on Saturday the 6th of May, 1865, before William Farrand, Esq., P.M; on view the body of Ben Hall.

James Henry Davidson, on oath, states: I am a sub-Inspector of police, stationed at Forbes. On last Saturday morning, April 29 th, I left the police-camp with five men and two trackers, and started in pursuit of the bushrangers – Hall, Gilbert and Dunn. 

On the evening of the fifth day from leaving Forbes, we came upon two horses hobbled in scrub, about twelve miles from Forbes, near Billabong Creek. We watched the horses for about half-an-hour, when we saw a man approach who caught the horses. He passed close by where we were standing. He caught the horses and led them away about 100 yards. This was about ten o’clock in the evening. We did not recognize the man. He took the horses about 100 yards and hobbled them again. Shortly after, a tracker, Billy Dargin, informed me that he heard the man he saw lead away and hobble the horses making a noise among the dead leaves, as though he was preparing a bed for himself. I then placed five of the men in my charge where we were standing, and went with sergeant Condell and Billy Dargin on the other side of the man with the intention of attacking him in his camp should we discover that he was Ben Hall. We could not get within 100 yards of the man, in consequence of his horse snorting at our approach. I then determined to wait until daybreak.

About half past six in the morning I saw a man with a bridle in his hand, about 150 yards from where I was, approaching to the horses. By this time the horses were feeding on a plain bordering the scrub and when the man was about half way from the border of the scrub to the horses, myself, sergeant Condell and Billy Dargin ran after him. After running about 50 yards, the man became aware of our presence, and ran in the direction where the five men were posted. By this time I identified the man as Ben Hall. I several times called on him to stand. After running about a hundred yards, I got within forty yards of Hall and fired at him. I shot with a double-barrelled gun. Hall, after my firing, jumped a little and looked back, and from his movements I have reason to believe that I hit him. Sergeant Condell and Dargin (the Tracker) fired immediately afterwards. They were running a little to the left of me and not far away. From the manner of Hall, I have reason to believe that Condell and Dargin’s shots took effect. From that time the man ran more slowly towards a few saplings. The five police who were stationed immediately beyond him immediately ran towards him and fired. I noticed trooper Hipkiss firing at Hall with a rifle and immediately afterwards the belt holding his revolvers fell off him. At this time he held himself up by a sapling, and upon taking Hipkiss’ fire he gradually fell backwards. Several other shots were fired afterwards. There were about thirty shots fired in all. Hall then cried out ‘I am wounded, shoot me dead’.

I then went up to the body and noticed that life was extinct. I also observed that the bullet fired by Hipkiss passed right through his body. I searched the body. There were £74 in notes in two chamois leather bags, one in his trouser pocket, the other in his coat breast pocket, three gold chains and a gold watch, a portrait of a female, three revolvers and a number of bullets in his pocket, and a gold ring keeper on his finger. Along with his saddle was a quantity of wearing apparel. There were also two single blankets. I knew the body to be that of Ben Hall. His clothing I observed to be perforated with bullets. We caught the horses and fixed the body of the deceased on the saddle, and in this manner brought him to Forbes.

Taken and sworn at the Police Barracks, Forbes, this sixth day of May, 1865, before William Farrand P.M.

(Signed)  J.H. Davidson

James Condell, on oath, states: I am a sergeant of police stationed at Forbes. On Saturday last, 29th April, I started from Forbes in company with sub-Inspector Davidson, four constables, and two trackers, in pursuit of the bushrangers - Hall, Gilbert and Dunn. On the Thursday night following we observed two horses hobbled in the bush. We watched the horses for about an hour. We then saw a man approach the horses and take the hobbles off, and lead them through the bush for about one hundred and fifty yards. He then hobbled the horses and let them go. He afterwards proceeded into the scrub, and immediately afterwards, we were informed by the black tracker, Billy Dargin, that he heard him scraping on the ground, as if to make a place for a bed.

Sub-Inspector Davidson and myself then posted the men in a half circle on one side, and sub-Inspector Davidson and myself proceeded to the opposite side. Myself, Mr. Davidson and the tracker crept about through the bush in search of his camp. 

Finding that we could not succeed in discovering the camp, we resolved to watch the horses all night, and about six o’clock the next morning we saw a man emerge from the scrub into a piece of open country, and walk in the direction of the two horses. When about midway from the camp to the horses, we started in pursuit, and ran about fifty yards before he observed us. He then looked up and saw us; he turned and ran from us.  Sub-Inspector Davidson then called on him to stand, he looked round and still kept running. Sub-Inspector Davidson then fired at him immediately afterwards. I saw Hall jump; he still kept running. I then leveled my rifle at him, covered him full in the back, and fired. I believe the shot took effect between the shoulders. After this he rolled about, and when running appeared very weak. The tracker then fired with a double-barrelled gun and I believe hit the deceased. We called out for the men stationed on the opposite side.  When he saw them emerge from the scrub he turned and ran in another direction. The men all fired, and I believe most of the bullets hit him. Deceased then ran to a cluster of timber, laid hold of a sapling, and said ‘I am wounded, I am dying’. The men then fired again and he immediately rolled over. He through out his feet convulsively once or twice, and said ‘I am dying, I am dying’. We all then approached him and found he was dead.

Sub-Inspector Davidson then searched the body and found £74 in notes, a gold watch, three revolvers capped and loaded, a powder flask of powder, two boxes of percussion caps, a bag of bullets and a quantity of wearing apparel. At his camp we found a saddle and bridle and a pair of blankets. We then packed his body on a saddle, and removed it to our camp and then to Forbes. 

I have known the deceased for about four years. About three years ago I escorted him as a prisoner to Orange and saw him frequently afterwards. I identify the body of the deceased as that of Ben Hall.

Taken and sworn at the Police Barracks, Forbes, this sixth day of May, 1865, before William Farrand P.M.

(Signed)  JAMES CONDELL

William Jones, on oath, states: I am a storekeeper, residing at Forbes. I have seen the body of the deceased and identify it as the remains of Ben Hall. I have known the deceased seventeen years and have seen him continually during that period, except during the last three years. I am perfectly certain as to his identity.

 Taken and sworn at the Police Barracks, Forbes, this sixth day of May, 1865, before William Farrand P.M.

(Signed)  WILLIAM JONES

John Newall, on oath, states: I am a licenced publican, residing at Forbes. I knew Ben Hall nine years ago, and have frequently seen him since, until within the last two years and a half. I have seen the body lying in the adjoining room and identify it as that of Ben Hall.

Taken and sworn at the Police Barracks, Forbes, this sixth day of May, 1865, before William Farrand P.M.

(Signed) JOHN NEWALL

Charles Assenheim, on oath, being duly sworn, saith: I am a qualified medical man. I have examined the body of the deceased and find it perforated by several bullets. The shot between the shoulders, the two shots into the brain and the one through the body were severally sufficient to cause death.

Taken and sworn at the Police Barracks, Forbes, this sixth day of May, 1865, before William Farrand P.M.

(Signed) CHARLES ASSENHEIM, M.D.

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