Eureka Stockade:Brief for the Prosecution, Case no.16, Criminal Sessions Melbourne

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Eureka Stockade:Brief for the Prosecution, Case no.16, Criminal Sessions Melbourne is associated with Ballarat, Victoria located at these coordinates -37.5621071, 143.8561493


Description:
This is the prosecution brief for the State Treason Trials, containing depositions for both the prosecution and defence, and shows an outline of the trials prior to their commencement.

Record Citation: VPRS 5527/P Unit 2, Item 10
Record URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewItem&breadcrumbPath=Home/Access%20the%20Collection/Browse%20The%20Collection/Item%20Details&entityId=0168137804
Agency: VA 2825 Attorney-General's Department (previously known as the Law Department)
Agency URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=2825
Date: 1854
Record Type: Brief for the Prosecution
Event Type: Trial
Language: en
Copyright URL: http://prov.vic.gov.au/copyright
Related Resource URL: http://prov.vic.gov.au/exhibitions/eureka-on-trial/the-state-trials
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05527-p0000-000002-0100-010-001.jpg In the Supreme Court The Queen

of The Colony of Victoria v Timothy Hayes

Henry Goodenough on his oath saith I am a Trooper stationed at Ballarat I attended the meeting on Bakery Hill on Wednesday the 29th November. The Prisoner made a speech he stated as a Delegate from the Diggers to the Government he stated the interview between the Government & himself, at the close of the address he said it was no use to petition the Governor any more they had done so long enough & they must take the law in their own hands & he for one would stand up for his rights & liberties he was not the Chairman after they broke up the meeting Prisoner proposed that they should call for volunteers to take up arms to protect their Rights and liberties on this occasion Prisoner was not armed at 10 oclock on Thursday the following day Prisoner was at Bakery Hill at a meeting armed with a double barrelled gun he was standing at the head of a lot of men drawn up in line & armed he marched at the side of them this was a meeting to form bodies of different armed men they formed 4 deep a line I should think of a mile I did not hear Prisoner give any orders they went to Eureka & the different bodies drilled for 3 or 4 hours Prisoner appeared to have the command of 2 or 3 bodies & the commanders had to be examined by he was walking about & talking he was not drilled he was apparently directing the men & conversing with Lawler who was one of the principal leaders of the men

I am sure of prisoners identity. If prisoner told the people not to commit a breach of the peace I did not hear it. He might have said it but not publicly.

Sworn 9 December 1854 At Ballarat before me ) E. P. S. Sturt P.M

By pris. Counsel


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05527-p0000-000002-0100-010-002.jpg Andrew Peters on his oath saith

I am a Trooper at Ballarat I saw Prisoner at the meeting at Bakery Hill on Wednesday the 29th of November I heard him speak he said it was time to organise themselves for protection against the common enemy or something to that effect he said it was no use to send petitions they must take law in their own hands I heard him afterwards ask for volunteers I saw him the next day at drill walking about with a double barrelled Gun he walked over towards Eureka I did not hear him give any words of command I did not hear him say anything about preserving peace Prisoner was walking about on the Thursday with the armed men they were in several companies a company of pike men a company with double barrelled Guns & a company with pistols there was a flag hoisted Blue with a white cross it was not carried about a man named Lawler who seemed to be the commander in Chief was there Prisoner was not drilled in my presence

Hugh King Sworn states I am a Constable at Ballarat on Sunday the 3rd instant I was at the attack on the Stockade at Eureka after the firing ceased I saw Prisoner taken out of the Stockade at about daylight I was called up & sent to Eureka in company with the Soldiers of the 40th a body of Police

By Solicitor Taken before E.P Sturt this 7th day of December 1854 at Ballarat

By Solicitor By Bench


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05527-p0000-000002-0100-010-002v.jpg [illegible list - not transcribed]


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05527-p0000-000002-0100-010-003.jpg under the orders of Captain Thomas of the 40th Captain Carter was in command of the foot Police we advanced towards the Eureka on the right of the 40th we approached a Stockade or enclosure of Slabs about 4 or 5 in depth as we approached when within 3 or 400 yards a heavy fire from the Stockade was opened on the Troops & men when the fire was opened on us we received orders to fire I saw some of the 40 wounded lying on the ground but I cannot say that it was before the fire on both sides I think some of the men in the stockade shouted they had a flag flying in the Stockade it was a White cross of 5 stars on a blue ground a Flag was afterwards taken from one of the Prisoners like a Union Jack we fired & advanced on the Stockade when we jumped over we were ordered to take all we could Prisoners & several shots were then fired on us from behind tents the fire was continued from different parts I noticed the Prisoner in the Stockade I saw no arms in his hand but he was in custody coming from one of the tents which were inside the Stockade numbers of others prisoners were Prisoners were brought from the same tent many were armed with revolvers & Pistols I saw a great number of arms lying about the Stockade double barrelled Guns Pistols & Iron Pikes one I saw was all Iron & others with wooden handles I saw a man fire on the Troops while we were getting over the Stockade

It was about 4 oclock William Thompson Sworn states I am a Constable at Ballarat I recollect the morning of the 3rd instant I was one of the foot Police ordered out by Captain Thomas we advanced to a Stockade at the head of Eureka line near Warrenup (?) Gully we halted on an eminence near the Stockade about 200 yards I heard the order order given to halt as soon as we were in sight of the Stockade a fire of some hundreds of shots was opened on us there had been a fire from the Military at this time the first fire was opened on the troops by the Stockade we charged on the Stockade after the firing was over I saw Prisoner Hayes taken with several others from a large tent in the Stockade from which several shots had been fired on us I saw several men in the Stockade with arms & I saw several fire on the troops I saw men armed with Pikes I saw no blows given I know Prisoner well he was in custody when I saw him


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05527-p0000-000002-0100-010-004.jpg Thomas Edmund Langley

Sworn states I am a Sub Inspector of Police on Sunday morning the 3rd instant I received orders to move on with a party of Military who were advancing to Eureka I went up to the stockade keeping a small hill between myself & the 40th I heard firing for some time I captured several people who I saw running from the Stockade I received an order from Captain Thomas to form & advance I did so when some one called there goes Hayes I turned round after Prisoner galloped after him & arrested him I took him across a hill to the main body of the Prisoners my attention was drawn to him as he was crossing my path he was walking in company with another man parrallel with the Stockade about 3 or 400 yards to the best of my belief. By Pris Counsel: I brought Prisoner to the camp with the rest of the Prisoners I did not see him in the Stockade he might have been arrested in the Stockade & have broken away before I captured him this was after the firing had ceased the Military guard were then withdrawing with the prisoners and the wounded I did not bring Hayes into the Stockade he was not out of my custody from the time I arrested him until he was brought into the camp Thomas Bailey Richards Sworn states I am a Lieutenant in the 40th Regiment I was present with the 40th on the morning of the 3rd instant when the troops were drawn up in the Ravine captain Thomas ordered them not to fire until they were fired upon we advanced in column to the top of the hill I was riding by captain Thomas the skirmishers were extended and advanced several shots were fired at us I should say more than 40 Captain Thomas rode up to the bugler and told him to sound to commence firing no shots had been fired by the attacking force up to this time when the smoke of our fire cleared away I saw the men running away with arms to the tent in the Stockade several shots were then fired from the tents upon the troops


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05527-p0000-000002-0100-010-005.jpg I saw a number of Pikeman. I went into the Stockade with a support I saw a number of men there some dead some wounded those with arms were being disarmed by our men Prisoners were then made & a column marched off I did not see the Prisoner there as we were coming from the Stockade with the wounded more than 300 yards I halted to give a wounded man some water one of a crowd of people said there goes one of the principal Ringleaders I asked his name & was told it was Hayes I ordered Mr Langley in charge of the troopers to take 2 men & ride back to take him another man who was with him was also taken he was going in the direction of the Stockade.

Prisoner was walking quietly he appeared as if shuffling out of the way of the Troops I saw no arms on him his wife came up afterwards & said are you taken he said yes she then said to him if I had been a man I would not have taken by so few as these she turned round to me and said why did you not come yesterday she was very excited yesterday would have been before the attack on the Stockade when the armed parties of men were marching about the Diggings

Thomas Curruthers Sworn states I am a Mounted private in the 40th Regiment I was in company with a party of Mounted Troopers on the occasion of advancing on a Stockade at Eureka on the morning of the 3rd instant I saw Prisoner brought by one of the Police others & handed over to us this about 2 or 300 yards on the right of the Stockade I was one of a guard on the Prisoners I did not see where he was brought from I did not see any arms on the Prisoner or any others of them


William Fleming Sworn states I am a Private in the 40th Mounted force I was


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05527-p0000-000002-0100-010-006.jpg present on the morning of the 3rd instant at the attack on the Stockade I saw Prisoner about 100 yards to the right of the Stockade he was handed over to me and others by one of the Police this was after the firing had ceased about 10 minutes after he was arrested before he was brought to us

James Ronayne Sworn states I am a Private in the Mounted 40th I saw the Prisoner in custody among the lot of men on the 3rd instant I knew Prisoner by sight I did not see him arrested

Sworn as aforesaid


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05527-p0000-000002-0100-010-007.jpg The Queen

v John Manning In the Supreme Court Of the colony Of Victoria

Charles Jeffries Carter Sworn states I am Sub Inspector of Police. On Sunday morning the third instant I saw prisoner Manning in a tent in the stockade called a guard tent, there were a lot of arms in the tent, a black man called Joseph was with the prisoner Manning. I told him to come out, he was not armed; firing was going on at the time, there were a great number of wounded & dead in the tent.

Sworn 8 December at ballarat before E P Sturt PM

Daniel Hegarty Sworn states I am Sergeant of the 40th Regiment.I was at the engagement at Eureka on the morning of the 3rd instant. I saw prisoner Manning brought out of the stockade he had no hat on and was put with the remainder of the prisoners. I made Fay a prisoner outside the stockade. Fay was a few feet from the stockade. I did not see him near a tent.

Sworn & c

William Dalgleish On Thursday the 30th day of November I was at a meeting at Bakery Hill I recognised Manning he was one of twenty men being drilled with pikes and different heads at the end of them. I man I did not know had charge or command of them. I recognised him again in custody on Sunday morning the third instant. He was being drilled when I saw him on the Thursday.

Sworn & c


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05527-p0000-000002-0100-010-008.jpg Thomas Burr

I am District Surveyor. I was present at a meeting at Bakery Hill on Wednesday the 29th of November. I heard Black, Vern, Kennedy, Lawler and 1 or 2 others speak also Hayes the object of the meeting appeared to be to raise funds to arm and organise themselves; they burnt a number of licences and tore some others. I do not recognise the prisoner as being there. One of the speakers said he hoped the next meeting would not terminate quietly or words to that effect. The object of the meeting seemed to be to organise an armed force to cooperate with other Diggers on the Wednesday the speakers called upon the people to supply money to procure arms or ammunition.

Sworn & c

Patrick O Keefe Sworn states I am a Private in the 40th Regiment I was at the attack on the stockade on the morning of the 3rd inst. I saw prisoner Manning brought from the stockade on that morning. I saw Fay taken some distance outside the Stockade and taken to the body of prisoners. I saw no arms with him. It might be fifty yards more or less.

Sworn & c.

Patrick Lynott Sworn states I am a Private in the 40th Regiment. I was at the attack on the stockade on the morning of the 3rd instant. As we advanced I saw prisoner Manning standing by a tent inside the stockade they then fired on us and I did not see prisoner again for about 10 minutes when I saw him in charge. I saw Mc Keon arrested some distance from the stockade.

Sworn & c

Andrew Peters Sworn states I am a Trooper. I saw prisoner


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05527-p0000-000002-0100-010-009.jpg Manning on Bakery Hill on Thursday & Friday the 30th of November & First of December- he was drilling with a lot of other men armed with Pikes. I heard Manning said we have 10 against 1 of them, it will be very easy for us to take the camp he said this after drill, in the evening.

Sworn & c.


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05527-p0000-000002-0100-010-009v.jpg Criminal Sittings

15 January

Queen v Manning

High Treason Brief for Prosecution


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05527-p0000-000002-0100-010-010.jpg In the Supreme Court

of The Colony of Victoria

The Queen v Charles Rafaello John Joseph John Fenwick & James Beattie


Henry Goodenough I am a trooper at Ballarat on Thursday the 30th of November I saw prisoner James Beattie offer himself as a volunteer at a meeting on Bakery Hill he was drilled & marched from Bakery Hill to Eureka he was there drilled he was drilled again on Friday. On Sunday the 3rd instant I arrested him near the London Hotel at Eureka about 100 yards from the stockade. I did not see any arms in his hands while he was being drilled, but a great many of the men were armed he had no arms when I arrested him the prisoner Fenwick also offered himself as a volunteer on the same occasion, he was drilled also but I did not see him with any arms. I saw the prisoner Raffaello on the 30th instant he commanded a company of men, he had a sword girded to his waist, he drilled the men and I judged him to be a Captain. The company he commanded were armed with swords and long knives he marched his men up and a way was cleared for them, he made a short speech he said Gentlemen soldiers, those that can not provide themselves with fire arms let them provide themselves with a piece of steel, if it is only six inches long and attached to a pole and that will pierce the tyrants heart . From Bakery Hill he marched them to Eureka and there drilled them and on the next day he drilled them. Beattie was in Raffaellos company

By Raffaello: I did not notice particularly any of the men you were drilling they appeared to be half foreigners German or Frenchman. At the meeting one of the speakers said it was of no use to petition the Governor any more for the release of the prisoner then in custody but they must take the law in their own hands and take up arms in defence or their rights and liberties.

Sworn 8 December 1854 at Ballarat before E P Sturt


John Sullivan Sworn states I am acting Sergeant in the Mounted 40th. On Sunday the 3rd instant I was at the engagement at Eureka after firing ceased I saw prisoner Mc Keon and Cahill bought out of a tent quite convenient to the stockade and apprehended. It was a large tent outside the stockade Michael Moran Sworn states I am a Sergeant in the 12th Regiment I was at the engagement at Eureka on the morning of the 3rd instant I saw Prisoner Fay coming from the stockade into the main body of the prisoners he was in custody he was about 11 yards from the stockade By Fays Solicitor


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05527-p0000-000002-0100-010-011.jpg Thomas Atkins

Sworn states I am a Constable of Police on Friday evening the First instant I was at Eureka in coming back I saw about a hundred and fifty men who with two outsiders and skirmishes so that no one should look at them. Prisoner Beattie was in the ranks and I went to a store where I saw them taking horses they were catching horses at this time I saw prisoner Raffaello on a bay horse, he was one of the men catching horses that I understood to be the storekeepers horses a man on a grey horse in company with Raffaello came to me and asked me what I wanted and said he would shoot me if I was not off. both Raffaello and this man had guns in their hands. I noticed Raffaello getting the horses and taking them to a man who I did not know.

Sworn & c

Patrick Riley Sworn states I am a Sergeant of the Mounted 40th.on Sunday morning last the 3rd instant I was at the stockade at Eureka. I saw prisoner Beattie close against the stockade with his back against it, a policeman was endeavouring to handcuff him & he was begging for mercy. I arrested him and took him around to the front this was just after the firing had ceased. By prs. Counsel: I am quite positive I saw prisoners against the stockade he said to two other men dont leave me or I shall be killed. I know nothing of prisoners Joseph, Raffaello & Fenwick other than that I saw them in custody with the other prisoners.

Sworn & c

William Revell Sworn states I belong to the Mounted 40th. I was present at the Eureka Stockade on the morning of the 3rd instant. I saw prisoner Beattie coming over the stockade the troops had ceased firing but several shots were being fired from various tents at the troops. He had a large horse pistol in his hand; when he saw the troops in front of him he let the pistol drop inside the stockade; we surrounded him, he either knelt or fell down and asked for mercy he said they were beat and would give in

Sworn & c


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05527-p0000-000002-0100-010-012.jpg Samuel Slackwell Furnell

Sworn states I am a Sub Inspector of Police. I was at the attack on the stockade on the 3rd instant in command of the Mounted Police. After the firing had ceased I saw prisoner Fenwick running away a short distance from the stockade. I cantered after him and told him to stop as he was my prisoner. He ran round the corner of a tent and would not stop. I struck him with the flat of my sword but as he would not come I wounded him slightly he then came. At this time the fighting was over and the prisoners endeavouring to escape from the rear of the stockade. By prs: I cannot say I saw you before this.

Sworn &c

John King Sworn states I am a Constable of Foot police. I went to the stockade on the morning of the 3rd instant. I saw Beattie and Raffaello taken out of the stockade. They had no arms when I saw them but a number of arms were lying about the place. The troops had ceased firing

Sworn &c

James Gower Sworn states I am a Private in the 40th Regiment. I was one of the troops attacking the stockade on the morning of the third instant. Prisoner Raffaello charged at me with some others with a pike as I was getting into the stockade he pursued me out of the stockade. I had fired my piece off. When he saw the troopers he went back. I did not notice any of the other three prisoners.

Sworn & c

Patrick Lynott Sworn states I am a Private of the 40th Regiment I was one of the force engaged on the morning of the 3rd I saw prisoner Fenwick in the stockade on the right of one of the tents he had a fowling piece in his hand and seemed very active. He had a pair of red drawers on. I subsequently saw him a prisoner in


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05527-p0000-000002-0100-010-013.jpg the camp I saw prisoner Joseph with a pike in his hand standing inside the stockade fence this was while we were approaching. I fired at him we got an order to fix bayonets & charge the troops charged up & I saw the black man Joseph taken from one of the tents inside the stockade by one of the police. I saw Raffaello pursuing Private Four after he had discharged his piece and before he had time to reload two troopers rode up and I saw him afterwards in the camp here. He had a weapon in his hand like a pike.

By prisoner Fenwick: I did not fire at you but it was through no fault of mine.

Sworn & c

Daniel Hegarty Sworn states I am a Sergeant in the 40th Regiment I was one of the I was one of the force engaged on the morning of the 3rd instant to attack the Eureka stockade I was skirmishing (?) we halted & extended and the firing then commenced from the stockade at the troops, our bugle sounded to fire they had fired a good many shots at us before this we charged & fired several of the 40th were shot on charging the stockade and Captain Wise fell at the fence. Some of our men got inside the stockade & several shots were fired. When it ceased a little Captain Thomas ordered the troops outside. I came out. Prisoner Fenwick was bought out bleeding at the time. We put him with the remainder of the prisoners. Prisoner Joseph came out and made some resistance. Prisoner Raffaello was also bought out and put with the rest of the prisoners. I saw prisoner Fenwick bought up with a number of other prisoners but I did not see him arrested. I saw Joseph between two solidiers I told them to push him on with the remainder of the prisoners.

Sworn & c


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05527-p0000-000002-0100-010-014.jpg Andrew Peters on his oath saith

I am a Trooper stationed at Ballarat. I saw the black man Joseph both at Bakery Hill and Eureka drilling, also Raffaello he was with about 20 other men.I saw Joseph in the evening of the day after the meeting (Thursday) drilling with other men, he had some arms but I cannot say what when I saw Raffaello on the Thursday, he was in company with a number of men & he was armed with a sword a pistol & revolver. ? Raffello The men with you were about 20 or 30 you were standing still on the right of them.

John Badcock on his oath saith I am a Constable at Ballarat. On the morning of the 3rd instant I was present at the attack at Eureka. When I got close to the stockade I jumped over the slabs. I saw Raffaello running round a corner of a tent I presented my fire lock at him but it missed fire. I did not see him any more till I saw him a prisoner. He had something like a pike in his hand at the time. I saw Joseph there, in custody and Beattie was the re in custody about twenty yards from the stockadeSworn as aforesaid.

John Donnelly on his oath saith I am a private in the 40th Regiment. I was one of the force at Eureka on the morning of the 3rd instant. I saw the black man Joseph with a double barrelled gun in his hand inside the stockade. . I also saw Raffaello in the stockade, he had some sort of a weapon in his hand but I cannot say what it was. Sworn as aforesaid

Beattie


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05527-p0000-000002-0100-010-015.jpg Thomas Milne on his oath saith

I am a Constable at Ballarat. I was engaged at the Eureka stockade on the morning of the 3rd instant. I was at the large slab tent inside the stockade after the firing ceased I saw a number of men running from the tent towards where military was stationed the prisoners Raffaello and Joseph I saw in custody of the police I saw no weapons in their hands. Sworn X

Patrick OKeefe on his oath saith I am a private in the 40th Regiment. I was engaged at the Eureka stockade on the morning of the 3rd instant. I saw the black man Joseph inside the stockade, he fired a gun, he then dropped it and picked up a pike and went towards a tent and I afterwards saw him in custody. He fired in the direction of our men who were getting into the stockade and as he fired Captain Wise dropped. Sworn X

George Fraser on his oath saith I am a Constable. I was at the stockade at Eureka on the morning of the 3rd instant. I saw Joseph in custody of the police; I was ordered as one of a guard and I then saw Raffaello bought from the direction of the stockade he was being brought out by 2 men. Sworn X

Charles Jeffrey Carter on his oath saith I am a Sub Inspector of Police. I was in charge of the Foot police at he engagement at he Eureka Stockade on the 3rd instant. I went into a tent they called the guard tent and called out to any man who might be there to come out or I would fire. One of two men said Dont fire & we will knock under or surrender there were a number of dead and wounded in the tent & a quantity of arms. I gave Joseph in charge to the 40th when I took him out of the guards tent.___ Sworn X


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05527-p0000-000002-0100-010-016.jpg both discharged In the Supreme Court

Of the Colony Of Victoria The Queen v Michael Tuhey Henry Read James Campbell

George King on his oath saith I am a Sergeant of police on Sunday morning the 3rd instant I was in the rear of the stockade the bugle of the military sounded to cease firing I saw a man running from the stockade in the direction of prisoners tent. I galloped up and apprehended that man the two prisoners Charles Brown and Thomas Barry were standing outside the tent next to that towards which the man ran. Brown was dressed, something like he is now he had no arms. I searched the tent but found no arms. This tent was about 20 yards in the rear of he stockade. Sworn 8 December 1854 at Ballarat before E.P. Sturt ?

Samuel S. Furnell on his oath saith I was in command of the Mounted Police at the Eureka Stockade on the morning of the rd instant. I saw Read about the end of the firing inside the stockade. I called to him to come out as he was (my?) prisoner. He refused to do so I fired at him twice he did not come and a trooper brought him out. I saw no arms when he was brought out. The firing was just ceasing then. Sworn X

Michael Lawler on his oath saith I am Sergeant Major of Police. On Sunday morning the 3rd instant, I was at the attack at Eureka Stockade - we rode up and charged the XXX at the stockade as we rode past prisoner Read was standing by a tent in the stockade called a guard tent.- he had a long piece in his hand and I saw him come out of the tent and fire at us the fire was thick XXX then we wheeled about and as we past again prisoner Read was standing rather lower down I fired at him. I did not see him again till he was in charge. I cannot be mistaken. Sworn X


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05527-p0000-000002-0100-010-017.jpg John White on his oath saith

I am a Trooper I rode up to the stockade with the Sergeant. I saw prisoner Read with a long piece in his hand, he had it at the present. I cannot swear he fired it, as I heard many shots were being fired at us. I think he had a dark coat with a cape and a brown hat a as wide awake I cannot be mistaken in the man. Sworn X

Eugene Bellairs on his oath saith I am a Surveyor stationed at Ballarat I was at Eureka on the 30th of November riding near what has been since shown to be the stockade. We met the prisoner James Campbell he appeared anxious to entice us about the road towards the stockade and gave a signal we turned down and the man shouted out to a party of armed men to shoot us, a rifle shot and some smaller ones were fired at us. In coming home I was stopped by a party of men and questioned as to whether I was a trooper. One of them said you may thank God you are not a Trooper. or you would have been shot. Sworn X

James Richardson Gaunt on his oath saith I was riding out with Mr Bellairs on the 30th instant. We met prisoner Campbell and asked the way to Melbourne. He made a signal and said he would show us. I saw a party of armed men we turned down the hill, he ran after us and shouted to the mob, we went on and some bullets were fired close after us. You were close enough to speak to us we asked the way to Melbourne. Sworn X

John Sullivan on his oath saith states I am a Private in the 40th Regiment I was in the sub division at the attack at Eureka on the morning of the third instant. I saw an officer fall and I took up his XXX. I saw prisoner Campbell inside the stockade. I cannot say that he was armed. Sworn X


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05527-p0000-000002-0100-010-018.jpg Joseph Raynor on his oath saith

I am a Private in the 40th Regiment I was at the attack at Eureka on the 3rd instant. I saw prisoner Campbell inside the stockade while the attack was going on. I saw him with a pistol or revolver. I saw him run between two tents. I saw him fire. He fired in the direction of the troops who were about ten yards from the stockade. Sworn X

William Richardson on his oath saith I am a Corporal in the 40th Regtiment I was at the stockade at Eureka on the morning of the 3rd instant. The prisoner Tuhey was turned out of the stockade by one of the foot police he ran away. I followed him and arrested him. He had a double barrel gun and when I caught him he threw the gun from him. I saw him coming out of the stockade. He got away from the Foot Constable. I then galloped after him. Sworn X [margin] Tuohy

John Dougherty I was at the attack at Eureka on the morning of the 3rd instant I saw prisoner Tuhey run from the stockade he had a double barrelled gun in his hand. Sworn X


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05527-p0000-000002-0100-010-019.jpg Defence of Read

Joseph Penrose on his oath saith I live with Read near the Roman Catholic Chapel I am a digger On Sunday morning I heard some men going past I got up and saw the Soldiers I called Read up to see we went up and met some troopers they searched us for arms and we went to our tent. Another trooper afterwards arrested us both and we were bought to the camp. Sworn X

John Penneluna on his oath saith On Sunday morning last I was called by Penrose to see the soldiers go past. We did so and Read went also and Read and Penrose were apprehended soon after by some troopers. I saw Read and Penrose in their tents the night before. Sworn X

James Wearne on his oath saith On the third instant I heard the firing at Eureka I got up and my 2 mates .I saw Read, Penaluna and Penrose go towards the Bakery Hill. I saw a small disturbance some troopers came down and asked some questions and they took Penrose and Read away in custody. Sworn X

John Penneluna on his oath further saith I saw Read on Saturday night the 2nd. I sleep in a tent about 12 feet from his. I saw him on Sunday morning about 5 oclock. I heard firing that morning & it was after that I saw Read come out of his tent. While the firing was going on I heard Reads voice talking to Penrose. Sworn X


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05527-p0000-000002-0100-010-020.jpg Defence of Read

Joseph Penrose on his oath saith I saw prisoner Read on Saturday night the 2nd we went to bed and in the morning heard the firing we got up and saw the soldiers. I swear he was not out of the tent during the night until he was taken. He is a mate of mine. Read had no connection with the insurgent movements. He worked regularly. Sworn X

Peter Ellis on his oath saith I was at my tent which is near Reads on the morning of the 3rd instant. I saw him taken a little way from the Catholic Chapel. I was not quite dressed and got up because I heard the firing. I think Read had on cord trousers and a blue shirt. Sworn X

James Clark on his oath saith I am a trooper on the morning of the 3rd inst. I saw prisoner about a mile from the stockade Mr. Langley gave him in chage to me. He had on I think, a blue shirt and a wide awake. This was after the firing was over and while we were coming home with prisoners. Sworn X

Henry Bedwell on his oath saith I am a gold digger. The prisoners tent is about 30 yards from mine in a gully the other side of Bakery Hill. I recollect seeing prisoner and his mates in bed on Saturday night week about 8 oclock. I was woke next morning by the firing prisoner came to me and asked if I heard it. I got up prisoner went to his tent in about 10 minutes the soldiers and prisoner came down, the troopers came and arrested prisoner. I have known prisoner to work during the meetings. Sworn X


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05527-p0000-000002-0100-010-021.jpg In the Supreme Court

of the Colony of Victoria The Queen v William Molloy & Jacob Sorenson Edward Viret on his oath saith I am Sergeant of Police. I saw prisoner Molloy towards the conclusion of the attack on Eureka Stockade being driven out. I collared him and took him he had no arms that I saw. By prisoner: You had police behind you you said it was only the beginning of the disturbance and you were sober. Sworn at Ballarat 9 Decr. 1854 before E.P. Sturt ?

Thomas Brodley on his oath saith I am a private 40th Regt. I was present at the attack on the Eureka on the 3rd instant. I was inside the stockade with our men we drove prisoner Molloy out and a Sergeant of Police captured him he said it was only the beginning of a row. It would not end there. Sworn as above.

James Lough on his oath saith I belonged to the party at the attack on the 3rd instant. I was close when Captain Wise fell. I saw prisoner towards by a tent where a lot of men were standing. He was going a little to the right. I fired at the mob but not at him. Sworn as above.

George King on his oath saith I am Sergeant of Police. On the 3rd instant I saw prisoner Sorenson running among the holes just after the firing ceased he was dressed like he is now I went to a tent and found prisoner with a revolving gun in his hand. He surrendered to me. He had the gun when I first saw run away. He said


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-022.jpg I give myself up I am guilty or words to that effect. (?) Commissioner Foster was with me and took the gun.

Sworn as aforesaid

Henry Foster on his oath saith I am Inspector of Police. I searched prisoner Sorenson and found some balls, caps and a powder flask on his person. Sworn as aforesaid.


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05527-p0000-000002-0100-010-022v.jpg Melbourne

Criminal Sittings 15 January 1855

Queen v


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-023.jpg In the Supreme Court

of The Colony of Victoria The Queen v


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-024.jpg In the Supreme Court

Of the Colony of Victoria Queen v John Phelan

Ladislav Kossack on his oath saith I am a Sub Inspector of Police. On Sunday the 3rd instant I saw prisoner John Phelan inside the stockade with a gun in his hand. I think it was a double barrelled gun our men fired at him a few shots were being fired at the time. Lieutenant Hall of the 40th brought prisoner out of the stockade. Sworn 9 December 1854 at Ballarat before E.P. Sturt ?

John Culkin on his oath saith I am a Trooper. I saw prisoner Phelan in the stockade with a double barrelled gun in his hand. Some of our men fired at him and he ran across the stockade and one of the officers took him out. He had a kind if a sword belt and a sort of cutlass I struck him down and hand cuffed him I fired at him first. I saw Mr. Furnell close by and I believe he took the sword away. Sworn as above

Samuel S. Furnell on his oath saith I am Sub-Inspector of Police. On the morning of the third instant I was at the stockade in company with Trooper Culkin. Some shots were being fired a man very much like Phelan surrendered and gave up his sword. I threw it away and gave him into custody. The Sergeant Major was present. I understood him to be a leader. He had a scabbard at his side corresponding with the sword. Sworn as above


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05527-p0000-000002-0100-010-024v.jpg Enquire as to Ferguson Tighe John Thompson T. Hayes - 1 --Manning 2 --Raffaello --Fenwick J. --Joseph


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-025.jpg [at top: various notes, untranscribed]

Additional Evidence

Henry Goodenough states

On Wednesday 29th November I saw diggers collecting on Bakery Hill. There was a meeting on that day. Some Licences were burnt. The diggers had a flag.

On Thursday 30th November some unlicensed diggers were apprehended. Some unlicensed Diggers were apprehended Diggers met after this Hayes was there they talked about the interview with the Gov - by the delegates Hayes said it was no use to petition. He proposed to take up arms 50 men were drafted out to go and rescue the person who had been apprehended as unlicensed Diggers. Lawler was at the meeting he was the speaker. The 50 men went out and returned at 10 oclock pm. Lawler said every man was to swear to defend each other. Black was there he took down the names all knelt down round the flag and kissed the book. This was the swearing and the flag was flying. Hayes was present on this day to the best of my belief he knelt down at the tree where Lawler was. Lawler then told them to come at four oclock next morning and all were to be armed. There was a Drilling and skirmishing (?). Lawler called the companies Rangers Pikemen and Riflemen. Lawler appointed two officers to each company. companies rangers pikeman and rifleman Vern was armed with a sword and he appeared to be next in command to Lawler. Lawler told everyone to bring arms on Friday and all the ammunition they could get. Those who could not get arms were to bring a piece of steel. I saw Beattie on this day offer himself as a volunteer as also Raffaello & Fenwick.

Friday Dec 1 I went there at four oclock - the flag was flying. I went on a bit and then returned and saw the diggers gathering. All had arms. Lawler was there & all at once something disturb them & Lawler said heres the soldiers coming meet at 11 oclock. The mob disappeared Captain Evans came up and told us not to interfere. At 10 oclock. 700 - 800 or 1000 persons met. The greater part had arms-some pikes- others guns & others revolvers. Lawler took up his place and said If the soldiers or police come to attack us we will march from here and meet them in the Flat. Mind the officers are the first men

[various additional scribbles in margins]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-026.jpg -Mind and Mark the officers he addressed the General Soldiers Lawler then said we will have soldiers with us they are oppressed as well as ourselves. If we are beaten we will retreat to the Holes and there give them a warm reception. I then left the meeting thinking there would be an attack. I went to the camp I subsequently went back again to the meeting they thought some persons was coming it was Raffaello and about 25 men with swords & they marched like military two and two Raffaello at the side. He had a long thing by his side and he drew the men up to where Lawler was standing and put them about- he said, to the right face the generalists (?) of these men appeared to be foreigners and were all armed with swords or knives Raffaello said men we come here to fight and stand up for our rights and liberties we have been opposed to long everyman who can procure them must come armed. Lawler than said well meet at the old Eureka at 8 oclock pm. They all marched from Bakery Hill to the Eureka. Lawler and Raffaello at their I went into a smiths shop where they were making pikes some man said to Lawler what are your intentions as to meeting tonight He replied meet me here and your officers will tell you - there may be spies here from the camp about 50 more men were marched up to Lawler who said well my men we appear to muster very strong In the evening I went with Peters & at the Eureka I saw Manning the reporter. As we went up they commenced drilling they were about 7 companies 700 men. A man came up to me and said are you armed & replied yes & I then fell in. I was marched to Bentleys house and back to where we came from. Hayes and Raffaello were there this evening. I did not see Lawler there than nor after 2 oclock on Friday.


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-027.jpg Herald

Joseph Manning Joseph Manning [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-028.jpg [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-029.jpg Joseph Manning Joseph Manning

[Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-030.jpg Joseph Manning Joseph Manning

[Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-031.jpg Argus Reports Jospehs Manning Josephs Manning [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-031v.jpg [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-032.jpg Josephs Manning Josephs Manning [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-033.jpg Josephs Manning [Newspaper reports, not transcribed]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-034.jpg Toole

Toole G Webster not present Queen v Hayes + ors. Part 2 Brief for Prosecution


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-035.jpg See duplicate of deposition in Unit 9.


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-036.jpg [Depositions of Andrew Peters and Hugh King; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-037.jpg [Depositions of Hugh King< and William Thompson; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-038.jpg [Depositions of William Thompson and Thomas Edmund Langley; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-039.jpg [Depositions of Thomas Edmund Langley and Thomas Bailey Richards; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-040.jpg Depositions of Thomas Bailey Richards, Thomas Carruthers and William Fleming; doubles of those previously given her]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-041.jpg Depositions of William Flemingand James Ronayn; doubles of those previously given here.


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-041v.jpg Criminal Sittings 15th of January 1855

The Queen v Timothy Hayes Treason Brief for Prosecution


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-042.jpg Depositions of Henry Goodenough, Charles Jeffries Carter and Daniel Hegarty; doubles of those previously given here


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-043.jpg [Depositions of William Dalegleish, Thomas Burr and Michael Moran; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-044.jpg [Depositions of John Sullivan, Patrick O'Keefe<, <Patrick Lynott and Andrew Peters; doubles of those previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-045.jpg [Deposition of Michael Costello; double of that previously given here]


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-045v.jpg Criminal Sittings

15th of January 1855 The Queen v John Manning Treason Brief for Prosecution


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-046.jpg Deposition of Henry Goodenough; double of that previously given here


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-047.jpg Depositions of Thomas Atkins and Patrick Riley; doubles of those previously given here


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-048.jpg Depositions of William Revell and Samuel Slackwell Furnell; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-049.jpg Depositions of John King, James Gorr and Patrick Lynott; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-050.jpg Deposition of Andrew Peters; double of that previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-051.jpg Depositions of John Badcock, John Donnelly and Thomas Milne; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-052.jpg Depositions of Patrick O'Keefe, George Fraser and Charles Jeffries Carter; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-053.jpg quantity of arms I gave Joseph in change to the 40th when I took him out of the guard tent Taken before E.P. Sturt This 8th day of December 1854 at Ballarat.
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-053v.jpg Criminal Sittings

15th of January 1855 The Queen v John Fenwick Treason Brief for Prosecution

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-054.jpg Depositions of John King, Samuel Slackwell Furnell and Michael Lawler; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-055.jpg Depositions of Michael Lawler, John White and Eugene Bellairs/Williams; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-056.jpg Depositions of James Richardson Gaunt, John Sullivan and Joseph Raynor; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-056v.jpg illegible notes - not transcribed
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-057.jpg Depositions of William Richardson, John King, John Dogherty and Joseph Penrose; doubles of those previously given here
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-057v.jpg [illegible lawyers' scribbles - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-058.jpg [Depositions of John Penneluma, James Wearne, Peter Ellis and James Clark; doubles of those previously given here]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-058v.jpg [illegible notes - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-059.jpg [Depositions of Henry Bedwell, John Penneluma and Joseph Penrose; doubles of those previously given here]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-059v.jpg Criminal Sittings

15th of January 1855 The Queen v Michael Tuohy Henry Read and James Campbell Treason Brief for Prosecution opposite is illegible lawyers' scribbles, not transcribed]

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-060.jpg [Depositions of Edward Viret, Thomas Brodley, James Lough and George King</a>; doubles of those previously given here]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
File:05527-p0000-000002-0100-010-060v.jpg [illegible lawyers' scribbles - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-061.jpg [Deposition of Henry Foster; double of that previously given]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-061v.jpg Criminal Sittings

15th of January 1855 The Queen v William Molloy & Jacob Sorense Treason Brief for Prosecution [opposite is illegible lawyers' scribbles, not transcribed]

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-062.jpg [Deposition of William Revell; double of that previously given]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-062v.jpg Criminal Sittings

15th of January 1855 The Queen v Thomas Dignum Treason Brief for Prosecution [opposite is illegible lawyers' scribbles, not transcribed]

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-063.jpg [Depositions of Ladislas Kossack, John Culkin and <Samuel Slackwell Furnell; doubles of those previously given here]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-063v.jpg Criminal Sittings

15th of January 1855 The Queen v John Phelan Treason Brief for Prosecution [opposite is illegible lawyers' scribbles, not transcribed]

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-064.jpg Additional Evidence

Henry Goodenough further states

On Wednesday 29th November I saw diggers collecting on Bakery Hill. There was a meeting on that day. Some Licences were burnt. The diggers had a flag.

On Thursday 30th November some unlicensed diggers were apprehended. Some unlicensed Diggers were apprehended Diggers met after this Hayes was there they talked about the interview with the Gov - by the delegates Hayes said it was no use to petition. He proposed to take up arms 50 men were drafted out to go and rescue the person who had been apprehended as unlicensed Diggers. Lawler was at the meeting he was the speaker. The 50 men went out and returned at 10 oclock pm. Lawler said every man was to swear to defend each other. Black was there he took down the names all knelt down round the flag and kissed the book. This was the swearing and the flag was flying. Hayes was present on this day to the best of my belief he knelt down at the tree were Lawler was. Lawler then told them to come at four oclock next morning and all were to be armed. There was a Drilling and skirmishing (?). Lawler called the companies Rangers Pikemen and Riflemen. Lawler appointed two officers to each company. companies rangers pikeman and rifleman Vern was armed with a sword and he appeared to be next in command to Lawler. Lawler told everyone to bring arms on Friday and all the ammunition they could get. Those who could not get arms were to bring a piece of steel. I saw Beattie on this day offer himself as a volunteer as also Raffaello & Fenwick.

Friday Dec 1 I went there at four oclock the flag was flying . I went on a bit and then returned and saw the diggers gathering. All had arms. Lawler was there & all at once something disturb them & Lawler said heres the soldiers coming meet at 11 oclock. The mob disappeared Captain Evans came up and told us not to interfere. At 10 oclock. 700 . 800 or 1000 persons met. The greater part had arms-some pikes- others guns & others revolvers. Lawler took up his place and said If the solidiers or police come to attack us

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-064v.jpg [illegible lawyers' scribbles - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-065.jpg we will march from here and meet them in the Flat. Mind the officers are the first men-Mind and Mark the officers he addressed the General Soldiers Lawler then said we will have soldiers with us they are oppressed as well as ourselves. If we are beaten we will retreat to the Holes and there give them a warm reception. I then left the meeting thinking there would be an attack. I went to the camp I subsequently went back again to the meeting they thought some persons was coming it was Raffaello and about 25 men with swords & they marched like military two and two Raffaello at the side. He had a long thing by his side and he drew the men up to where Lawler was standing and put them about- he said, to the right face the generalists (?) of these men appeared to be foreigners and were all armed with swords or knives Raffaello said men we come here to fight and stand up for our rights and liberties we have been opposed to long everyman who can procure them must come armed. Lawler than said well meet at the old Eureka at 8 oclock pm. They all marched from Bakery Hill to the Eureka. Lawler and Raffaello at their I went into a smiths shop where they were making pikes some man said to Lawler what are your intentions as to meeting tonight He replied meet me here and your officers will tell you - there may be spies here from the camp about 50 more men were marched up to Lawler who said well my men we appear to muster very strong In the evening I went with Peters & at the Eureka I saw Manning the reporter. As we went up they commenced drilling they were about 7 companies 700 men. A man came up to me and said are you armed & replied yes & I then fell in. I was marched to Bentleys house and back to where we came from. Hayes and Raffaello were there this evening. I did not see Lawler there than nor after 2 oclock on Friday.

? Vic

Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-065v.jpg [notes - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-066v.jpg [notes - not transcribed]
Trial Brief Queen v Hayes & Others


Image Transcript Margin Notes Body of Transcript
05527-p0000-000002-0100-010-067v.jpg [notes - not transcribed]
Trial Brief Queen v Hayes & Others
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