Eureka Stockade:Depositions taken against Duncan McIntyre for Breach of the Peace charge/Gravel Pits Riot

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Eureka Stockade:Depositions taken against Duncan McIntyre for Breach of the Peace charge/Gravel Pits Riot is associated with Ballarat, Victoria located at these coordinates -37.5621071, 143.8561493


Description:
Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full trial.

This document contains the whole charge against Duncan McIntyre for breach of the peace on 30 November 1854, including depositions, recognizances to give evidence, and the written charge itself.


Record Citation: VPRS 5527/P Unit 1, Item 14
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=5168137680
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: 30 November 1854
Record Type: Deposition
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/escalating-tensions
Thumbnail URL:
User Tags:




Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-001.jpg [0.1]

[11 and 12 Vic., c. 42] No.83. RECOGNIZANCE TO GIVE EVIDENCE

BE it remembered, that on the Thirtieth day of November in the year of our Lord One thousand eight hundred and fifty-four Samuel S. Furnell of Ballarat in the Colony of Victoria* Sub Inspector of Police– personally came before me one of Her Majesty’s Justices of the Peace for the said Colony, and acknowledged himself to owe to our Soveriegn lady the Queen the sum of one Hundred pounds7,500 £approx2009
15,200 $AUDapprox2009
2,000 shillings
24,000 pence
, of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he the said Samuel S Furnell shall fail in the condition indorsed. Taken and acknowledged the day and year first above mentioned at Ballarat in the said Colony before me

Charles P Hackett J.P

Recognizance to give evidence: Samuel S. Furnell


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-001v.jpg The Condition of the within written Recognizance is such, That Whereas Duncan McIntyre was this day charged before me a Justice of the Peace within mentioned, for that he the said Duncan McIntyre on the Thirtieth day of November 1854 at Ballarat in the Colony aforesaid, did with others riotously and tumultuously assemble and did thereby cause a breach of the Peace if therefore he the said Samuel Slackwell Furnell shall appear at the Supreme Court of Criminal Sessions at Melbourne in and for the Colony of Victoria, on the 15th day of December A.D,1854 and there give such evidence as he knoweth upon an Information to be then and there preferred against the said Duncan McIntyre for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Duncan McIntyre then the said Recognizance to be void or else to stand in full force and virtue.
Recognizance to give evidence: Samuel S. Furnell


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-002.jpg [0.1]

[11 and 12 Vic., c. 42] (No.83. RECOGNIZANCE TO GIVE EVIDENCE

BE it remembered, that on the 30th day of November in the year of our Lord One thousand eight hundred and fifty-four William Nolan of Ballarat in the Colony of Victoria* Sergeant of Police personally came before me one of Her Majesty’s Justices of the Peace for the said Colony, and acknowledged himself to owe to our Sovereign lady the Queen the sum of one Hundred pounds7,500 £approx2009
15,200 $AUDapprox2009
2,000 shillings
24,000 pence
, of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he the said William Nolan shall fail in the condition indorsed. Taken and acknowledged the day and year first above mentioned at Ballarat in the said Colony before me

Charles P Hackett J.P

Recognizance to give evidence: William Nolan


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-002v.jpg The Condition of the within written Recognizance is such, That Whereas Duncan McIntyre was this day charged before me a Justice of the Peace within mentioned, for that he the said Duncan McIntyre on the Thirtieth day of November 1854 at Ballarat in the Colony aforesaid, did with others riotously and tumultuously assemble and did thereby cause a breach of the Peace if therefore he the said William Nolan shall appear at the Supreme Court of Criminal Sessions at Melbourne in and for the Colony of Victoria, on the fifteenth day of December A.D,1854 and there give such evidence as he knoweth upon an Information to be then and there preferred against the said Duncan McIntyre for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Duncan McIntyre then the said Recognizance to be void or else to stand in full force and virtue.
Recognizance to give evidence: William Nolan


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-003.jpg [0.1]

11 and 12 Vic., c. 42] (No.83. RECOGNIZANCE TO GIVE EVIDENCE

BE it remembered, that on the 30th day of November in the year of our Lord One thousand eight hundred and fifty-four Gordon Evans of Ballarat in the Colony of Victoria* Inspector of Police personally came before me one of Her Majesty’s Justices of the Peace for the said Colony, and acknowledged himself to owe to our Sovereign lady the Queen the sum of one Hundred pounds7,500 £approx2009
15,200 $AUDapprox2009
2,000 shillings
24,000 pence
, of good and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs and Successors, if he the said Gordon Evans shall fail in the condition indorsed. Taken and acknowledged the day and year first above mentioned at Ballarat in the said Colony before me

Charles P Hackett J.P

Recognizance to give evidence: Gordon Evans


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-003v.jpg The Condition of the within written Recognizance is such, That Whereas Duncan McIntyre was this day charged before me a Justice of the Peace within mentioned, for that he the said Duncan McIntyre on the Thirtieth day of November 1854 at Ballarat in the Colony aforesaid, did with others riotously and tumultuously assemble and did thereby cause a breach of the Peace if therefore he the said Gordon Evans shall appear at the Supreme Court of Criminal Sessions at Melbourne in and for the Colony of Victoria, on the fifteenth day of December A.D,1854 and there give such evidence as he knoweth upon an Information to be then and there preferred against the said Duncan McIntyre for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Duncan McIntyre then the said Recognizance to be void or else to stand in full force and virtue.
Recognizance to give evidence: Gordon Evans


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-004.jpg [M.]

[11 and 12 Vic., c, 42]

DEPOSITIONS OF WITNESSES

The Examination of Samuel S. Furnell in the Colony of Victoria and Gordon Evans, and William Nolan of Ballarat in the said Colony, taken on oath, his 30th day of November, in the Year of our Lord one thousand eight hundred and fifty-four at Ballarat in the Colony aforesaid, before the undersigned one of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Duncan McIntyre who is charged this day before me for that he the said Duncan McIntyre on the 30th day of November 1854 Ballaarat in the Colony of Victoria did tumultuously and riotously with others assemble and did cause a breach of the Peace.

This deponent Samuel S. Furnell on his oath saith as follows I am Sub Inspector of Police at Ballarat

Deposition of Witness: Samuel S. Furnell


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-005.jpg I was present at the Riot I saw the Prisoner Duncan McIntyre before and after the Riot Act was read there was a very great Crowd there it was on the Road at the Gravel Pits, he was very violent in his language towards the Authorities he was close to me
Deposition of Witness: Samuel S. Furnell


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-006.jpg at the time this was about 10 or 11 o’clock this day the 30th November.

Samuel S Furnell

Sworn before me at Ballarat this 30 November 1854

Charles P. Hackett

Deposition of Witness: Samuel S. Furnell


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-007.jpg And This Deponent Gordon Evans on his oath saith I am Inspector of Police Ballarat

I saw the prisoner this morning about 11 & 12 o’clock at the Gravel Pits. I saw him amongst the crowd of very disorderly persons. I cannot mistake him from his Stature, they were shouting and throwing stones I was informed by

Deposition of Witness: Gordon Evans


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-008.jpg Mr Rede that the Riot Act had been read – the Police went to Bakery Hill for unlicensed miners they were returning to the Gravel Pits when I met prisoner and asked him for his license, he said I shall not give it to you I told him he was my prisoner he called me “you
Deposition of Witness: Gordon Evans


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-009.jpg bloody wretch I then gave him into Custody-

By prisoner You called me Bloody Wretch when I arrested you Gordon Evans

Sworn before me At Ballarat this 30th November 1854

Charles P. Hackett PM

Deposition of Witness: Gordon Evans


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-010.jpg And this deponent on his oath saith I am Sergeant mounted Police I was on duty at the Gravel Pits about 11 o’ Clock I saw the prisoner then, he was with a very riotous mob I saw him before and after the Riot act had been read I was present when
Deposition of Witness: William Nolan


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-011.jpg he was arrested it was half an hour or better after the Riot Act had been read.

William Nolan

Sworn before me at Ballarat This 30th November 1854 Charles P Hackett PM

Deposition of Witness: William Nolan


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05527-p0000-000001-0140-010-012.jpg VICTORIA

[n] STATEMENT OF THE ACCUSED 11 & 12 Vic., c.42.

Colony of Victoria Ballarat TO WIT. Duncan McIntyre stands charged before the undersigned one of Her Majesty’s Justices of the Peace in and for the Colony of Victoria, this Thirtieth day of November in the year of Our Lord one thousand eight hundred and fifty-four for that he the said Duncan McIntyre on the 30th day of Nov 1854 at Ballarat in the said Colony Did with others tumultuously and riotously assemble and did there and then create a Breach of the Peace And the said charge being read to the said Duncan McIntyre and the Witnesses for the Prosecution Samuel Slackwell Furnell, William Nolan and Gordon Evans being severally examined in his presence, the said Duncan McIntyre is now addressed by me as follows. – Having heard the evidence do you wish to say anything in answer to the Charge, but whatever you say will be taken down in writing, and may be given in evidence against you upon your Trial, whereupon the said Duncan McIntyre saith as follows:- I did not hear the Riot Act read I did nothing wrong and when I was asked for the

Statement of the accused: Duncan McIntyre


Image Transcript Margin Notes Body of Transcript
05527-p0000-000001-0140-010-012v.jpg license forgetting I had it I told him no I then found I had it I took it out and shewed one of the Constables that were there

Duncan McIntyre

Taken before me at Ballaarat, in the said Colony, the day and year first above mentioned . Charles P. Hackett PM

The prisoner Duncan McIntyre is committed for trial at the Supreme Court of Criminal Sessions Melbourne on the 15th December 1854.

Statement of the accused: Duncan McIntyre


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05527-p0000-000001-0140-010-013.jpg 17 Jan Applied 12 Dec 1854

Copied 12 Dec 1854 Delivered Dec 1854 19 Jan 1855 A’Beckett C J ? ? with 5 others Not Guilty Queen v Duncan McIntyre Witnesses S.S Furnell – Sub Insp. Gordon Evans – Insp. Wm. Nolan – Trooper Briefed 14 Dec 1854

Queen v. McIntyre
Facts about "Eureka Stockade:Depositions taken against Duncan McIntyre for Breach of the Peace charge/Gravel Pits Riot"RDF feed
Has agency urlhttp://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=2825 +
Has british pounds 1830-1914100 £ (7,500 £approx2009, 15,200 $AUDapprox2009, 2,000 shillings, 24,000 pence) +Purchasing Power
Has coordinates37° 33' 44" S, 143° 51' 22" ELatitude: -37.5621071
Longitude: 143.8561493
+Google maps
Has date30 November 1854 +
Has event typeTrial +
Has imagehttp://wiki.prov.vic.gov.au/images/5/51/05527-p0000-000001-0140-010-001.jpg +, http://wiki.prov.vic.gov.au/images/6/6a/05527-p0000-000001-0140-010-001v.jpg +, http://wiki.prov.vic.gov.au/images/7/71/05527-p0000-000001-0140-010-002.jpg +, http://wiki.prov.vic.gov.au/images/0/00/05527-p0000-000001-0140-010-002v.jpg +, http://wiki.prov.vic.gov.au/images/a/aa/05527-p0000-000001-0140-010-003.jpg +, http://wiki.prov.vic.gov.au/images/4/46/05527-p0000-000001-0140-010-003v.jpg +, http://wiki.prov.vic.gov.au/images/b/ba/05527-p0000-000001-0140-010-004.jpg +, http://wiki.prov.vic.gov.au/images/4/43/05527-p0000-000001-0140-010-005.jpg +, http://wiki.prov.vic.gov.au/images/0/0f/05527-p0000-000001-0140-010-006.jpg +, http://wiki.prov.vic.gov.au/images/e/ea/05527-p0000-000001-0140-010-007.jpg +, http://wiki.prov.vic.gov.au/images/6/6e/05527-p0000-000001-0140-010-008.jpg +, http://wiki.prov.vic.gov.au/images/0/08/05527-p0000-000001-0140-010-009.jpg +, http://wiki.prov.vic.gov.au/images/3/32/05527-p0000-000001-0140-010-010.jpg +, http://wiki.prov.vic.gov.au/images/b/bb/05527-p0000-000001-0140-010-011.jpg +, http://wiki.prov.vic.gov.au/images/8/87/05527-p0000-000001-0140-010-012.jpg +, http://wiki.prov.vic.gov.au/images/f/ff/05527-p0000-000001-0140-010-012v.jpg + and http://wiki.prov.vic.gov.au/images/9/9a/05527-p0000-000001-0140-010-013.jpg +
Has image captionRecognizance to give evidence: Samuel S. Furnell +, Recognizance to give evidence: William Nolan +, Recognizance to give evidence: Gordon Evans +, Deposition of Witness: Samuel S. Furnell +, Deposition of Witness: Gordon Evans +, Deposition of Witness: William Nolan +, Statement of the accused: Duncan McIntyre + and Queen v. McIntyre +
Has languageen +
Has record agencyVA 2825 Attorney-General's Department (previously known as the Law Department) +
Has record citationVPRS 5527/P Unit 1, Item 14 +
Has record typeDeposition +
Has record urlhttp://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewItem&breadcrumbPath=Home/Access%20the%20Collection/Browse%20The%20Collection/Item%20Details&entityId=5168137680 +
Has related resourcehttp://prov.vic.gov.au/exhibitions/eureka-on-trial/escalating-tensions +
Has rightshttp://prov.vic.gov.au/copyright +
Latitude-37.562 +
Located inBallarat, Victoria +
Longitude143.856 +
Page has default formThis property is a special property in this wiki.Transcribed Record Form +
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