The Mt Eden Gaol “Cuckoo!!” Mutiny of 1865

Mt Eden Gaol as it was a few years after the incident, in the 1870s. Auckland Libraries Heritage Collections 4-155 

I don’t know about you, but the word “mutiny” for me usually conjures up scenes of violent overthrow of authority, or at the least something involving weapons and a lot of angry shouting. There’s also the “refusal to take orders” type of mutiny.

I haven’t before now come across one involving calling out the name of a bird to drive someone utterly up the wall.

The year 1865 was when the prison at Mt Eden was under considerable scrutiny. It was on the verge of becoming Auckland’s only prison, with the last prisoners held still at Queen Street gaol moving out later that year in November. But there had been a number of high-profile escapes and near-escapes, along with public concern as to the state of the prison itself, in its then wooden shed-like form. The gaol’s governor, Flynn, was in the crosshairs of some who sat on the Auckland Provincial Council, especially in March of 1865. On 14 March, at the Provincial Council’s meeting, Hugh Carleton was in the midst of reporting back to his fellow councillors on the state of the gaol and the clearance of the lava field around the existing stockade to allow room for the construction of stout stone walls, when an urgent letter was delivered to him. He read it, then rose from his seat, and asked for a colleague to take over from him as, he said, a mutiny of the prisoners had broken out in the stockade, and his presence was required. The meeting then continued on, as Carleton hurried away.

 On that same morning, the NZ Herald had written an opinion piece on the subject of Governor Flynn, and his possible ousting from his job. They wrote: “With all due respect for the natural instinct which teaches the cuckoo to lay its egg in the nest of the sparrow, we beg leave to say that we do not see why this principle should be permitted to develop itself in the Provincial Government affairs of this province, and we trust that Mr Flynn will not be among the first on whom the principle is to be tried."

Two years earlier, the authorities had made two investments for the ongoing profitability of the gaol and its quarries. They had purchased a steam-powered stone breaking plant, hiring an engineer for it, and took on the services of one Charles Dyke as Inspector of Prison Labour and Instructor of Stone-Dressers. Dyke, though, was not liked by the prison inmates. The day before Carleton’s announcement of the mutiny, Dyke had complained to the Engineer-in-Chief about Governor Flynn’s laxness in not stamping out gambling taking place amongst the inmates, a charge which proved to be unfounded.

So, what was the mutiny?

Apparently, according to the NZ Herald, the engineer in charge of the stone breaker was a regular reader of their newspaper, and through him the prisoners learned of the Herald’s quote as to cuckoos and the eroding position Flynn was in regarding his job. So, on the day of the “cuckoo” article, 14 March 1865, when Dyke turned up to work and entered the quarries, he was met with cries of “Cuckoo!! Cuckoo!!” coming from various parts of the landscape, from behind hiding places, from a number of throats. The cry of “Cuckoo!!” resounded from all sides, and drove Dyke to a fury. “This evidently somewhat annoyed Mr. Dyke, who” the New Zealander reported, “at once proceeded to town to lodge a complaint with the Superintendent of the very unruly behaviour of the prisoners. By what stretch of imagination Mr. Dyke managed to convert this rather disagreeable system of chaff into an open mutiny of the prisoners, is best known to himself. We have been assured that the men retired at the usual time in the most orderly manner, and that the cries of “cuckoo” which so terribly aggrieved the foreman, ceased immediately on his disappearance from the scene.”

Six ringleaders were identified, and isolated to stand before the Resident Magistrate, Thomas Beckham, who held an enquiry into the “mutiny.” Beckham couldn’t see that there was a “mutiny” as such, but still warned all of the prisoners in the gaol that such behaviour as calling “Cuckoo!” at a prison employee was against regulations, and could entitle the guilty parties to a flogging. But he added he had found no real evidence, simply sentenced two men to solitary confinement for talking back to Dyke, and left it at that.

Flynn lost his job on 15 March 1865.

Dyke seems to have left Mt Eden Gaol soon after, taking up work as a construction supervisor for the new Auckland Supreme Court Building in 1866. He then leaves the historical record, and the “Cuckoo Mutiny” was forgotten.

Keith Russell Jones: a bit of a scoundrel

 Image from NZ Police Gazette, 2 October 1912

"Keith Russell Jones, a well-dressed young fellow of 23, who had come only recently from Sydney, admitted to Mr Cutten, SM, at the [Auckland] Police Court this morning, that he had stolen £7 10s. from a room in one hotel and cheque-book and purse containing £1 from bedrooms in another hotel.

"The history of the man given by Chief Detective Marsack was unusual. He had arrived in Auckland about three months ago, and had been for some time employed canvassing for a photographer, and later as steward on a small coastal boat. He had arranged to be married to a young lady on May 1, but the bride waited for him at the church, and he failed to turn up. He stayed at a hotel for a time and, while there (also on the fateful May day when he was due to be otherwise engaged), he entered another boarder's room and stole £7 10s. He moved to a hotel in Newmarket, and while there took a room-mate's cheque-book, and also stole from a servant girl's room a purse containing £1. At one period of his Auckland experience he took a fancy for motoring, and ran up a bill of £5 10s. with a taxi-cab owner. He paid the bill with William Wooden's money, captured at the Waverley Hotel.

"The accused, who appeared to have little sense of responsibility, explained that he committed the thefts because he was stranded, and the taxi-cab man was pressing in his demands. He added incidentally that he had private reasons for not meeting his expected bride at the church, and said he had given her notice in time to have prevented her going there. He said he was a traveller, but he had been studying accountancy, and he had been drawn to New Zealand by a desire to see a young lady in the South Island. "His Worship said he could not help a young man who committed theft after theft in the way the accused had done. He would be sentenced to three months imprisonment with hard labour."

Dominion 16 May 1912

"Keith Russell Jones was ordered to find security in £100 that he would contribute to the support of his illegitimate child at the rate of 7s 6d a week."

NZ Herald, 30 October 1912

"A sentence of 21 days' imprisonment was imposed in the case of Keith Russell Jones, who was £24 behind in respect to an order for the payment of 7s 6d a week for the support of his child, the sentence to be suspended for 14 days."

NZ Herald, 26 February 1913

"Keith Russell Jones, for failure to comply with an order respecting the maintenance of an illegitimate child was sentenced to ten days' imprisonment unless he reduced the arrears at the rate of 20/- a week."

Auckland Star, 9 December 1913

"A remand for eight days was granted in the case of Keith Russell Jones, charged with having forged the name of L W Much on a £10 cheque, drawn on the Bank of New Zealand at Manaia."

NZ Herald 18 June 1914

"When Keith Russell Jones was brought up for sentence on charges of forgery he denied that he had been twice previously convicted of theft. Sentence was therefore deferred until Tuesday next, the Court records to be produced in the meantime to prove the convictions."

NZ Herald, 24 July 1914

"Keith Russell Jones, alias Thomas, alias Leslie W Meuli, who was represented by Mr Gould, came up for sentence on the charge of forgery.

"His Honor said the accused had been previously convicted of three distinct offences. He had been sent to gaol for one month on each charge.

"Mr Gould said that Jones was quite a young man, who had been well educated in New South Wales. His mother was a very respectable woman. Soon after the accused arrived in New Zealand a maintenance order was taken out against him. He then got into financed difficulties. The order was still in force, but the woman in whose favour it was made had since married. Jones was in bad health, and out of employment when the offence was committed. If given an opportunity, his mother desired to send him to Canada and give him a new start.

"Mr. Tole said the accused frequented billiard-rooms and imposed on boardinghouse-keepers. The offence he was now charged with was a very designing and criminal one.

"His Honor said that any possible intention the accused had of going to Canada was a matter for the Prisons Board. The accused would be sentenced to six months' imprisonment, and at the expiration of that period ordered to be detained for reformative treatment for two years."

NZ Herald 29 July 1914

"Keith Russell Jones (29) charged that he was an idle and disorderly person with insufficient lawful means of support, stated that he would like to consult his solicitor before pleading. When he mentioned the solicitor's name the Chief Detective remarked that that solicitor had been communicated with on the prisoner's behalf and had not attended the Court. From the tenor of the report received by him respecting the prisoner, he (Mr McMahon) understood that the solicitor had interested himself in Jones and had to some extent been victimised. The case was stood down for a time, and a Court official sought to communicate by telephone with the solicitor, but could not get him. When the case was recalled Jones stated that he could not understand why he should have been arrested, as he had got a passport and was arranging to leave for Sydney next Monday.

"Mr McMahon: I can't understand how he got a passport at all, nor how he expects to get away to Sydney when he is out of the reformatory on license. "His Worship decided to remand the prisoner till to-morrow morning, so that any communication he might desire to have with a solicitor might be arranged in the meantime."

Auckland Star 29 June 1916

"There were some peculiar circumstances in connection with a charge against Keith Russell Jones of having insufficient lawful means of support. Mr Gould stated that when the man's mother left New Zealand some time ago she left some money with him to send her son to New South Wales on the completion of a term in a reformatory to which he was sentenced by the Supreme Court. At the expiration of his sentence he was given a passport and his fare to Sydney. Jones did not leave New Zealand, however, for witness learned a month later that he was still about. After an interview with the probation officer he decided to procure another passport for the accused, the old one having expired. Since the application was made, however, Jones had broken certain conditions, and he had decided to finally wash his hands of him. The passport had now come to hand, however, and he was prepared to advance him his fare if the Court would allow him to go to Sydney next week.

"Chief-Detective McMahon said he thought the Court might consider the advisability of ridding the country of this man. The police, however, should have been informed of the issue of the passport and other circumstances as the accused would have been turned off the boat by the police, who knew that he was released on license.

"Mr Brackenrigg, probation officer, said the accused had received permission from the Justice Department to leave the country. The magistrate remanded Jones until Monday with the idea of having him placed on the next boat for Sydney."

NZ Herald 1 July 1916