and Mitchel declared to Smyth that he would make the attempt in the way recommended by O'Brien. Smyth then accompanied Mitchel to Bothwell, and after a few days' stay at Nant Cottage, left to make preparations for the intended escape.

While he was waiting for news of Smyth, Mitchel hit upon a happy idea. For the purposes of escape he needed a good horse in addition to those he already had. Now it so happened that Mr. Davis, the police magistrate of the district, was then the owner of the best saddle-horse in or about Bothwell. He was a white horse, half Arab, full of game, and of great endurance. Mitchel knew that this horse was for sale; and it struck him that to buy the horse would have the double advantage of strengthening him and weakening the enemy. Accordingly the bargain was made. The conversation between the police magistrate and Mitchel upon the delivery of the horse is amusing, viewed in the light of what afterwards happened :

Mr. Davis, on delivering him, very conscientiously thought it his duty to give me a warning. "I must tell you, Mr. Mitchel,” he said, "that if you attempt to put this horse into harness he will smash everything he never was in harness but once, and it would be dangerous to try it again. I said, I was aware of that 'peculiarity in the horse. "It is right," he continued, "to mention the fact to you, as I do not know the precise work you want him to do." "Merely to carry me on his back, wherever I want to go -some time or other probably on a long journey." "Well," said Mr. Davis, "I know you ride a good deal; and you may depend upon Donald for that.”

The first attempt to escape was a failure. Smyth made arrangements with the captain of a brigantine to take Mitchel off at a place called Spring Bay, on the eastern side of the island. But before the appointed day came, they were made aware, through a friendly resident at

1853.]

PLANS OF ESCAPE

9

The thing had,

Smyth went to

Bothwell, that Smyth's whole plan had been intimately known to the governor for a fortnight. therefore, to be given up for that time. Spring Bay to warn off the brigantine. There he found a force of constables waiting for him, and he was instantly arrested as John Mitchel. He was brought to Hobart Town, suffering a good deal of hardship on the way; and what between this and the excitement and disappointment he was seized immediately after his release with a severe attack of illness. Nearly two months passed before Smyth was sufficiently recovered to make possible a second attempt.

It is right to mention here that this first plan of escape was to have included John Martin. Mr. Martin had agreed to make the attempt along with his friend; and the method to be observed of surrendering the parole was the same as that afterwards adopted by Mitchel. But when this first attempt failed, and the authorities were known to be on the alert, it was thought better for Mr. Martin to abandon the idea for the present. Owing to a very marked peculiarity in his physical shape, effectual disguise would have been impossible in his case; and had he made the attempt after the authorities were put on their guard, his recapture would have been almost a certainty.

On June 8, 1853, the attempt, which eventually proved successful, was commenced. They had ascertained that a ship bound for Sydney was to sail from Hobart Town on the night of the 8th of June, and the agents of this ship were friendly to Mitchel, and might be relied on to put him on board after dark at the mouth of the river after all clearances by the police authorities. They had originally determined to make their visit to the police-office on the 8th, so as, if successful, to reach Hobart Town that night in

time for the ship's sailing. But on the 8th the town of Bothwell happened to be full of police, and so the business had to be deferred till the next day. Meantime Smyth was not idle. By the prudent employment of some money he secured that no more than the ordinary guard of constables would be present when the surrender of the parole was to be made. Mitchel sent one of his boys down to Hobart Town to see if the ship could be delayed for him. But whatever the answer might be, they had made up their minds that this time they would make the attempt.

On the morning of June 9, 1853, Mitchel and Smyth rode together from Nant Cottage to Bothwell police-station. Their object in visiting the police-station was to take the step which, in the opinion of Mr. O'Brien, it was necessary to take before an escape could be honourably effected, Had Mitchel seen fit to dispense with this proceeding, he could easily and without risk have escaped before this. But he had given his promise not to escape so long as he held the ticket-of-leave, and before he could regard himself as released from the promise, the ticket-of-leave had to be surrendered by him in person to the authorities.

Smyth was mounted on Donald, the horse Mitchel had purchased from the police magistrate; Mitchel himself on a mare of his named Fleur-de-lis. On the way to town, they overtook a neighbour and friend named Russell, and chatted pleasantly about farming matters. Before they reached Bothwell, they also met James-the boy who had been sent to Hobart Town-returning at a gallop. He brought a message from the shipping agents. The ship was gone; it was impossible to detain her without exciting suspicion. As the thing then stood, therefore, they had absolutely no plan for escaping from out of the island. If they went on, and got clear of the police-office, they would simply have to trust to hard riding, disguise, concealment, and good

1853.]

RESIGNS "TICKET-OF-LEAVE"

II

luck. But Mitchel was firmly determined that this time the attempt should be made, let the result be what it might.

Arrived at the police-office, they gave their horses in charge of one of Mitchel's sons, who was waiting there for that purpose. They then went into the police-office, Mitchel leading the way. The scene in the office is minutely and graphically described in the "Journal." Several other accounts of the transaction have also come to my hands; one by John Martin, and another by Mrs. Mitchel in letters written to friends. They are all substantially in accord as regards the main features of the transaction; but that in the "Journal" is the most vivid and altogether the most Homeric of the various accounts I have seen :

We dismounted. I walked in first, through the little gate leading into the court, through the door, which opened into a hall or passage, and thence into the court-room, where I found his worship sitting as usual. Near him sat Robinson, the police-clerk. Mr. Davis," I said, "here is a copy of a note which I have just despatched to the governor-I have thought it necessary to give you a copy." The note was as follows:

66

"Bothwell, June 8, 1853.

"TO THE LIEUT-Gov., etc.

"SIR,-I hereby resign the 'ticket-of-leave,' and withdraw my parole.

"I shall forthwith present myself before the police-magistrate of Bothwell, at his office, show him a copy of this note, and offer myself to be taken into custody.

"Your obedient servant,

"JOHN MITCHEL."

Mr. Davis took the note. It was open. "Do you wish me," he said, "to read it?" "Certainly. It was for that I brought it." He glanced over the note, and then looked at me. That instant Nicaragua came in and planted himself at my side. His worship and his clerk both seemed somewhat discomposed at this; for they knew the "Correspondent of the New York

I have

Tribune" very well, as also his errand from New York. no doubt that Mr. Davis thought I had a crowd outside; there is no other way of accounting for his irresolution.

Then I said, “You see the purport of that note, sir; it is short and plain; it resigns the thing called 'ticket-of-leave,' and revokes my promise which bound me so long as I held that thing."

Still he made no move, and gave no order. So I repeated my explanation: "You observe, sir, that my parole is at an end from this moment; and I came here to be taken into custody pursuant to that note."

All this while there was a constable in the adjoining room, besides the police clerk, and the guard at the door; yet still his worship made no move. "Now, good morning, sir," I said, putting on my hat. The hand of Nicaragua was playing with the handle of the revolver in his coat. I had a ponderous riding-whip in my hand, besides pistols in my breast-pocket. The moment I said, "Good morning," Mr. Davis shouted, "No, no-stay here! Rainsford! Constables!" The police clerk sat at his desk looking into vacancy. We walked out together through the hall; the constable in the district-constable's office, who generally acts as his clerk, now ran out, and on being desired to stop us, followed us through the court, and out into the street, but without coming very near. At the little gate leading out of the court into the street, we expected to find the man on guard on the alert between us and our horses. But this poor constable, though he heard the magistrate's orders and the commotion, did not move. He was holding two horses, one with each hand, and looked on in amazement while we passed him, and jumped into our saddles.

It has been said that the proceeding here described did not amount to such a surrender of the parole as to make Mitchel's escape honourable. That this should be said by English newspapers and English ministers at the time was to be expected. They were naturally exasperated at Mitchel's success in escaping, and at the reception which he subsequently had in America, and the charge of dishonourable conduct in the matter of the escape would certainly have been made by them under any circumstances.