Episode 3 - Ben Hall

LAWLESS – THE REAL BUSHRANGERS IS

AN ORIGINAL LANDMARK DOCUMENTARY

SERIES COMBINING SCIENCE AND

HISTORY IN A WAY WHICH HAS NEVER

BEEN DONE BEFORE IN AUSTRALIA.

At the core of this series is a bold vision to investigate

Australian colonial crimes and mysteries using modern day

science and technology. Hosted by respected journalist

Mike Munro (himself a descendant of bushrangers) we fol-

low investigations into the past and deliver the findings in the present to living descendants of both bushrangers and

those who fought against them.

In each fascinating episode, we focus on a single bush-

ranging legend; NED KELLY (Victoria), BEN HALL (NSW),

CAPTAIN MOONLITE (NSW) and the last of the wild colo-

nial boys - PATRICK & JAMES KENNIFF (Qld). All are larger

than life characters involved in iconic events heavily shroud-

ed in mystery, folklore and fantasy. The bushrangers are

heroes to some, villains to others and for their descendants

who carry their legacy today; they are a cause of either pain

and shame, or pride and glory. There are always two sides

to every story. But how do we separate fact from fiction?

Enter Mike Munro and the specialist LAWLESS in-

vestigation team; Dr Kiera Lindsey (Historian), Adam

Ford (Archaeologist) and Prof Roger Byard (Forensic

Pathologist). Together they use their respective skills to

apply an objective and rigorous analysis of these pivotal

events. They revisit existing and new historical evidence

and use 21stcentury high-tech science to get beyond the

myths. Using archaeology to literally break new ground

and the latest forensic methods to test the historical

evidence, the team illuminate a fact-based version of our

history. In each case the key question they seek to answer

is – what really happened? The team’s findings are finally revealed to living descendants at each episode’s end.

Mike and the team first tackle the most controversial of Australian legends, the story of Ned Kelly and the killings

of Stringybark Creek (1878). This was the event that made

Kelly a wanted outlaw, created the ‘Kelly gang’ and ultimate-

ly led to his hanging. The episode on Captain Moonlite’s last

stand (1879) looks forensically at one of the most violent

gunfights of the bushranging era and solves a 140-year-old mystery. The violent death of Ben Hall (1865) is put under

the microscope as the team examines the circumstances

surrounding the shooting of one of Australia’s most popular

heroes. And in the final episode, Mike Munro faces his own lawless ancestry on the trail of his great uncles, Patrick and

James Kenniff who were convicted of the most ghoulish and

grisly crime in Queensland’s colonial history in 1902.

CONTENT HYPERLINKS

© A

TO

M 2

01

7

2

Curriculum Links‘LAWLESS - The Real Bushrangers’ can be linked directly to the follow-

ing subject areas of the Australian National Curriculum:

• Year 9 History, Year 9 and 10 Science

* Relevant Content Descriptions for Year 9 History

Overview of the making of the modern world

• The nature and extent of the movement of peoples in the period

(slaves, convicts and settlers) (ACOKFH015)• The emergence and nature of significant economic, social and

political ideas in the period, including nationalism (ACOKFH019)

Depth Study: Movement of peoples (1750 – 1901)

• Changes in the way of life of a group(s) of people who moved

to Australia in this period, such as free settlers on the frontier in

Australia (ACDSEH084)

* Relevant Content Descriptions for Year 9 & 10 Science:

Science Enquiry Skills

• Formulate questions or hypotheses that can be investigated

scientifically (ACSIS198)

• Use knowledge of scientific concepts to draw conclusions that are consistent with evidence (ACSIS204)

• Evaluate conclusions, including identifying sources of uncertainty

and possible alternative explanations, and describe specific ways to improve the quality of the data (ACSIS205)

Science as a Human Endeavour

• Scientific understanding, including models and theories, is contest-able and is refined over time through a process of review by the scientific community (ACSHE157)

• Advances in scientific understanding often rely on developments in technology and technological advances are often linked to scientific discoveries (ACSHE158)

• People use scientific knowledge to evaluate whether they ac-

cept claims, explanations or predictions, and advances in sci-

ence can affect people’s lives, including generating new career

opportunities (ACSHE160)

• Formulate questions or hypotheses that can be investigated scien-

tifically (ACSIS164)

• Plan, select and use appropriate investigation methods, including

field work and laboratory experimentation, to collect reliable data; assess risk and address ethical issues associated with these meth-

ods (ACSIS165)

• Critically analyse the validity of information in secondary sources

and evaluate the approaches used to solve problems (ACSIS172)

‘LAWLESS - The Real Bushrangers’ blends science and history to deliver powerful documentaries that will have an impact and an enduring legacy. This series will change how Australians see their folk heroes, and themselves.

© A

TO

M 2

01

7

3

Episode Three Ben HallBefore Ned Kelly, it was Ben Hall who was the ‘rock star’ of Australian bushranging, leading a short but prolific 3-year crime spree across NSW in the wake of the gold rush. His criminal career comes to a bloody end when he is shot by police in a hail of bullets close to place known as Billabong Creek on the outskirts of Forbes. But Ben Hall’s death is shrouded in controversy. The official police account says that Hall was a dangerous criminal, lawfully killed while trying to escape, while the legend goes that Hall was shot in his sleep and the victim of a brutal police cover up.

Now for the first time, the LAWLESS team undertake an

analysis of Hall’s bloody demise at the hand of authori-

ties. At a time where our fledgling nation was striving for law and order, this investigation reveals the extraordinary

measures enacted by authorities in NSW in an effort to

become a civilised society. The death of Ben Hall exposes

how justice was served in the times of the colonial era.

* Activity: Profile and Timeline of Ben HallAs a class, brainstorm your existing knowledge, ideas and

questions about Ben Hall.

Using information from this episode, as well as your own

research, students are to produce a hard copy or digital

biography of Ben Hall. Information to include:

• Family background and early life

• Initial run-ins with the law

• Actions as a bushranger

• His death at Billabong Creek and the findings of the coronial inquest.

• His representation in Australian history, art and folklore

If creating a digital biography, students can use tools such

as glogster (http://edu.glogster.com/) or padlet (https://padlet.com/)

In this episode, we see reenactments of the events at

Billabong Creek. Using these scenes, as well as your

own research, create a digital or hardcopy timeline of

the events that took place during Ben Hall’s final stand. Include relevant images. Suggested tools for creating a

digital timeline include: https://timeline.knightlab.com/ or

http://timeglider.com/

© A

TO

M 2

01

7

19

* Activity: The Scientific Method – Identifying and Answering Questions

Teacher introduction: The following activity is intended

to use LAWLESS to model the scientific method as applied to this investigation. This activity is separated into three

components – Inquiry, where students consider how the

LAWLESS team of experts identify their research question;

Evidence and Analysis, where students identify how evi-

dence is interpreted and guides further investigation; and

Conclusion and Reflection, where students are encour-

aged to reflect upon the reliability of the team’s conclusion and how it is – or isn’t – supported by the evidence.

This episode, “Ben Hall”, demonstrates the difficulty of conducting a rigorous scientific investigation with limited evidence and significant obstacles. Unable to definitively identify the site of Hall’s shooting, the team is forced to rely on the slimmest skerrick of evidence: a

belt that may or may not have belonged to the infamous

bushranger. It’s an effective demonstration to students

that even the most qualified experts may have difficulty collecting evidence in their science experiments.

INQUIRY

“Was Ben Hall a dangerous criminal lawfully killed while

trying to escape? Or, as legend tells, did the police shoot Hall as he lay sleeping – an act tantamount to cold-blood-

ed murder?” asks Mike Munro in the introduction to the third episode of LAWLESS, “Ben Hall.”

Researchers often begin investigations by establishing

a ‘null hypothesis’ – a commonly held view that they’ll

attempt to disprove. The ‘alternative hypothesis’ is, as its

name suggests, the inverse of this null hypothesis.

• Suggest a null hypothesis for the LAWLESS team in

this episode.

• What would the corresponding alternative hypothesis

be for your null hypothesis?

EVIDENCE AND ANALYSIS:

From [00:06:19], historian Dr Kiera Lindsey, archeolo-

gist Adam Ford and forensic pathologist Professor Roger

Byard “start with primary source evidence”, as Ford puts it. The team has access to an official police report by Sub Inspector James Henry Davidson, an inquest report – where Davidson gave evidence and a coronial report on Hall’s body from a police doctor.. As befitting a thorough scientific investigation, they identify the limitations associ-ated with this evidence.

© A

TO

M 2

01

7

20

• The team identifies discrepancies between Davidson’s police report and the inquest report. What do they

credit these discrepancies to?• Byard describes the record of Hall’s wounds as

“scanty.” Why would this report be incomplete?• Discuss, as a class, where you might encounter ques-

tionable evidence in a scientific investigation, and how you might ascertain the reliability of such data.

Whilst the team use a range of primary evidence in their

investigations, we also witness the ways that improved

technological and scientific equipment/methods allow them to further analyse the events surrounding Ben Hall’s

death. Throughout the episode, take notes on Table 5 on

the next page.

• Even the most experienced researchers encounter

obstacles. Discuss, as a class, how Adam Ford reacts to the fruitless search for the location of Hall’s killing.

How do you react when you encounter similar compli-

cations in a scientific experiment, or when completing a research report?

CONCLUSION

Throughout the episode, the experts are careful with how

they frame their conclusions based on new evidence.

Ford is initially excited when he discovers a bullet in their

search area, [00:21:38] “but with a copper casing on it, it’s

25 years too late.” (This also demonstrates the importance of pairing technical knowledge with historical context.)

Examining the police doctor’s report, [00:20:09] Byard

notes that “[f]rom the wounds, that is a possible scenario.”

• Why do the experts use language like this? How could you incorporate this approach into a class scientific report? Discuss as a class.

Sometimes evidence collected in a scientific study is insuf-ficient to fully accept or reject the initial hypothesis.

• How confident are the LAWLESS team in their conclu-

sion that “the least likely version of how Ben Hall died” is that he was shot in his sleep?

• What evidence supports this conclusion? What limita-

tions are associated with this evidence?• Discuss, as a class, the difference between proving a

hypothesis and failing to disprove it. Which of these do

you think applies to the conclusion the team reaches in

“Ben Hall”?

© A

TO

M 2

01

7

21

TECHNOLOGY/EQUIPMENT

How does this technology work? What are they hoping to discover?

Outcome/Conclusions based on using this technology

CTX3030 Minelab

Metal Detector

Belt sample

analysis at

the Victoria

Police Forensic

Lab (using an

Electron Scanning

Microscope)

Roger Byard’s

reconstruction

of the shoot-out

using a ballistic

gelatine torso.

1

2

3

5BEN HALL

© A

TO

M 2

01

7

22

* Activity: Technological Investigations and Interpreting Primary Evidence

Throughout the episode, we see how the team of experts

use primary evidence and cutting-edge technology to ana-

lyse Ben Hall’s death and the findings of the coronial inquest that followed the shoot-out at Billabong Creek. Throughout

the episode, take notes in Table 6 on the next page.

* Activity: Drawing conclusions about Ben Hall

Working in pairs, answer the following questions. Share

and discuss as a class.

1. How do you think Ben Hall was killed? Was it a lawful shooting or a ruthless police cover up?

2. Historian Dr. Kiera Lindsey looks at the other side of the Ben Hall legend, stating that he did rob from

marginalized groups such as the poor, Chinese set-

tlers and women. Contrast how this reality challenges

the ‘gentleman of the road’ image that has developed

around Ben Hall.

3. ‘Streets of Forbes’ is an Australian folksong about the

death of Ben Hall. Look at the lyrics of the song and

discuss how it presents Ben Hall. What does it indicate

about his relationship with the police and what does

it suggest about his death? Given what we learn from studying the primary evidence in this episode, how

likely is it that these lyrics are accurate in relation to the

death of Ben Hall?

‘Streets of Forbes’

Come all of you Lachlan men

and a sorrowful tale I’ll tell,

concerning of a hero bold

who through misfortune fell,

His name it was Ben Hall, a man of high renown,

Who was hunted from his station, and like a dog shot

down.

Three years he roamed the roads, and he showed the traps

some fun,

One thousand pounds was on his head, with Gilbert and John Dunn.

Ben parted from his comrades, the outlaws did agree,

To give away bushranging and to cross the briny sea.

Ben went to Goobang Creek, and that was his downfall

For riddled like a sieve was the valiant Ben Hall,

‘Twas early in the morning upon the fifth of MayThat the seven police surrounded him as fast asleep they

lay.

Bill Dargin he was chosen to shoot the outlaw dead,

The troopers then fired madly and they filled him full of lead,

They rolled him in his blanket and strapped him to his prad,

And they led him through the streets of Forbes, to show

the prize they had.

© A

TO

M 2

01

7

23

EXPERTPrimary Evidence or Technology used in the

investigation of Ben HallResults/Conclusions drawn

based on their findings

Adam FordArchaeologist

Dr. Kiera LindseyHistorian

Professor Roger ByardForensic

Pathologist

1

2

3

6BEN HALL

© A

TO

M 2

01

7

24

* Activity: Focus on 1860’s AustraliaIn 1861 gold was discovered in the Lachlan region.

• Research the impact of gold discovery in this region in

terms of heightening the tension between British im-

migrants and the convict class.

• Historian Dr. Kiera Lindsey talks about Ben Hall’s status as a ‘native born’ son of two convicts. Although he

was ‘brushed with the convict stain’, he became a land

owner. Research the class conflict that existed during this time between British immigrants and the convict

class. How did these factors perhaps contribute to Ben

Hall becoming an outlaw?• What was Ben Hall’s role in the largest gold heist in

colonial history? How did this influence his relationship with the police?

* Activity: Focus on the Felons Apprehension Act

As we see in this episode, a controversial law, the Felons

Apprehension Act, was enacted in 1865 specifically to help end the exploits of Hall and his gang.

Read the following article: http://www.theage.com.au/news/national/family-urges-new-ben-hall-in-

quest/2007/03/30/1174761754719.html

Using information from the above, combined with your

own research and information from the episode, answer

the following questions:

• What was the Felon’s Apprehension Act. What did it

entail and why was it enacted?• How did the law relate directly to the death of Ben Hall?• How did the law impact the status of bushrangers in

NSW?• Discuss as a class your views about the law. Do you

see it as a necessary/positive step or do you believe it was overly draconian?

* Activity: Focus on the descendantsPeter Bradley is descended from Ben Hall’s younger

brother Henry, being his great grandson. Peter has made

a detailed study of the bushrangers from the gold rush era

in NSW with a particular focus on the life and death of Ben

Hall. He has a detailed knowledge of the area where the

gang operated, having grown up on a farm near Forbes,

quite close to the place where Ben Hall was killed.

Rupert Ward is the great grandson of Sub Insp James Henry

Davidson, the senior policeman who led the charge against Ben Hall in Forbes 1865. For generations the connection to

the ‘man who shot Ben Hall’ was hidden as a skeleton in the

family closet. While Rupert’s own view is that Davidson was a lawful man doing his duty, he says that for his grandmoth-

er (who came to New Zealand) was uncomfortable with the

legacy of being connected to the killing of Ben Hall.

• How does Peter view the role of the police in Ben Hall’s

death?• Discuss the difficulty that Rupert and his family experi-

enced in terms of the legacy of being connected to the

shooting of Ben Hall.

• How do Peter and Rupert feel about the team’s find-

ings at the end of the episode?

© A

TO

M 2

01

7

25

Referenceshttps://www.australiancurriculum.edu.au/http://www.nma.gov.au/__data/assets/pdf_

file/0019/19090/Kelly_search_all_colour.pdfhttp://www.npm.org.au/https://timeline.knightlab.com/http://timeglider.com/http://www.nma.gov.au/collections/

collection_interactives/jerilderie_letterhttp://www.policemuseum.vic.gov.au/collection/

overview

http://www.heraldsun.com.au/news/law-order/ned-kelly-gang-victims-all-but-forgotten-in-adoration-

of-the-bushranger-say-families-cops/news-story/3d1882a2dcf24dfce2260daf340786ce

http://www.theage.com.au/news/national/family-urges-new-ben-hall-inquest/2007/03/30/1174761754719.html

ARCHIVAL IMAGES

Pictures Collection, State Library Victoria

Reproduced with permission from the collection of

Victoria Police

State Records of New South Wales

State Library NSW

Justice and Police Museum Collections, Sydney

Living Museums

State Archives NSW

National Library Australia

Forbes and District Historical Society IncorporatedBathurst Historical Society Museum

Supreme Court QLDQueensland Police Museum

This study guide was produced by ATOM. (© ATOM 2017) ISBN: 978-1-76061-059-3 editor@atom.org.au

To download other study guides, plus thousands of articles on Film as Text, Screen Literacy, Multiliteracy and Media Studies, visit <http://theeducationshop.com.au>.

Join ATOM’s email broadcast list for invitations to free screenings, conferences, seminars, etc. Sign up now at <http://www.metromagazine.com.au/email_list/>.

© A

TO

M 2

01

7

32