Bob the smuggler

I have found several references to Robert Henderson as 'Bob the Smuggler' and on the evidence, I think this is probably true. 

During the early years of the British colony, it was common to barter goods or pay people with goods rather than with money. Rum in particular was used as currency. But rum and other spirits were subject to very high taxes, so the temptation to evade the taxes was high. If someone could avoid paying the tax, they were at a huge advantage.

The waterways around Brisbane Water and the Hawkesbury estuary were particularly well suited to anyone who wanted to do some illicit dealings with spirits. It was relatively close to Sydney but still remote with lots of dense bush and secluded areas where contraband could be concealed.

In 1842 a 139-ton schooner named Fair Barbadian sailed from Sydney with a cargo of rum and brandy, supposedly bound for Lombok (in current-day Indonesia). The liquor had come out of bond store, meaning that the import tax had not been paid. The import tax did not apply to goods re-exported.

Once clear of the Sydney heads and once they were sure that customs were not following, the ship quietly entered Broken Bay where some or all of the cargo was unloaded. 

A month or so later, a wood cutter named James Toomey stumbled on a large stash of rum and brandy in casks hidden in the bush near Cowan Creek. He hastened to Sydney and reported his find to the water police. The police immediately set out to investigate. Just before arriving at the site, they met 3 men  a boat going the other way. One of the men gave his name as Henderson (our Robert). The water police found items aboard Henderson's boat that later connected him with the stash of spirits.

The following day, Captain Browne of the water police again encountered Robert, this time aboard his schooner. Robert greeted him laughing and said "You have the laugh of me this time, but I have had the laugh at you several times before". Those words possibly tell us where Robert got the money to build his business empire!

Robert was charged by the Customs Department with 'Concealing spirits'. The prosecution failed to present evidence that the site of the crime was within the Colony of New South Wales and the case was dismissed on this technicality. The authorities filed a separate charge of "aiding and abetting the conveyance of the spirits", but this case was also dismissed on another technicality.

Reading the newspaper reports on Robert's case, I formed the view that either the authorities were incompetent, or they did not pursue the case with much energy. Several months later, the Customs Department were more successful when the prosecuted the exporters and reclaimed £12,000 in import taxes.

These events became known as the 'Fair Barbadian Affair'. A customs house was established at Barrenjoey within 6 months of Robert's trial. This proved effective in reducing smuggling operations in Broken Bay.