AVhen the prisoners yvere returned to the gaol, after sentence was passed, Jepps and Ellis yvere attended by the Revs. A. C. T h o m s o n and James Forbes, the Episcopalian and Presbyterian ministers, to whose respective religious persuasions the tyvo convicts belonged ; Fogarty, as a R o m a n Catholic, yvas looked after by P"ather Stevens, the then priest at St. Francis'. T h e culprits became very penitent, and sent to Mr. Fowler, one of their captors, asking him to visit them. H e did so, and yvhen they sayv him they dropped on their knees and asked his forgiveness, which he freely gave, and kindly shook hands with them on leaving. At one of the clerical interviews it transpired that only that their career had been so shortened it was their intention to have murdered the Resident Judge. W h y or wherefore they had resolved on the assassination they could not say ; but they had talked it over amongst themselves, and the Judge's fate was sealed. H e resided at Heidelberg, and was always punctually in toyvn at a certain hour on every M o n d a y morning. This they kneyv, and it was their purpose to have watched for and shot him whilst crossing the Merri Creek. T h e violent death he had so providentially escaped terribly scared Judge Willis, and he could not rest until he had interviewed the prisoners. This he did accordingly, and in the presence of the other tyvo, Ellis confessed that yvhat had been stated had been settled upon, but that Jepps, though finally acquiescing, was atfirststrongly opposed to the killing of the Judge. This had such an effect upon the intended victim, that if there had been sufficient time to have communicated with the Executive in Sydney, he would have sought to obtain a commutation of the extreme penalty on Jepps ; but there yvas neither railway nor telegraph inter-communication to delay or countermand the issue of the death yvarrants, and the Judge yvas constrained to let the law take its course.
T h e Overland Mail at length arrived with the officialfiatthat the prisoners were to be hanged on the 28th June.
T h e place and appliances of the execution were somewhat similar to those already recorded, except that the stage or planking was larger and more firmly secured.
T h e Rev. M r . T h o m s o n administered the Sacrament to Jepps and Ellis, whilst Father Stevens attended Fogarty in another room. AArhen the Sheriff (Mr. R a y m o n d ) m a d e his appearance, each prisoner was taken separately into the prison yard and his fetters struck off. H e was then handcuffed and capped, but not pinioned, and brought back to the cell. Jepps and Ellis went through this ordeal firmly; but Fogarty burst out crying, and upon being spoken to, declared " he did not cry through fear of death, but after his friends at home." A large open cart, with three rough coffins placed in it, was driven up to the gaol door, and an escort of military and mounted police was drawn around. T h e door, yvhich opened into Collins Street, yvas drayvn back, and the three prisoners and four clergymen stepped out in Indianfile; assisted by the gaoler and a turnkey, the prisoners mounted the cart, and each, yvith his back to the horse, sat down upon his coffin! This was very different treatment from that given to the black murderers, hanged some months before ; for their coffins were not produced until after the bodies yvere cut down, and "Jack" and " B o b " were driven in a covered two-horse van on their last journey.
All being in readiness, the officer in charge of the soldiers sang out the yvord " March," and the " death march " accordingly commenced, moving up Collins Street and through Queen Street. A temporary halt was accidentally made, turning by yvhat was then known as "Mortimer's Corner" into Lonsdale Street when the prisoners became excited. T h e procession again moved on down Lonsdale Street, along Swanston Street to its destination. There yvere not less than seven thousand persons present, and, with shame be it spoken, a very large preponderance of w o m e n and children. " Syvells " from the neighbourhood of the town, and from all the country for miles around ; and, as before, well-mounted, smartly-dressed settlers, with top boots and cord breeches, cantered about as if out on some equestrian spree. It appeared like a great gala celebration instead of the punishment of three guilty fellow-creatures. Jepps and Ellis knelt d o w n to prayer, with the reverend gentlemen attending them, whilst Father Stevens engaged in devotions with Fogarty. T h e prisoners yvere then brought together, and Jepps, supported by the arm of the Rev. Mr. Forbes, thus addressed the assemblage: " Fellow Christians! you see before you three young m e n in the prime of life and strength about to suffer on the scaffold for the crime of bushranging. I trust you will take warning by our untimely fate, and avoid those crimes which have brought 11s to this end. G o o d people, I most humbly beg your prayers to the Almighty on our behalf. I die in the faith of our salvation through the blood of our Divine Redeemer."
