The Eureka Stockade Part 29

MY TRIAL proceeded, before the British Jury aforesaid.

Vandemonians: HENRY GOODENOUGH, Spy-Major.

ANDREW PETERS, Sub-Spy.

As an honest man, I scorn to say anything of either of you; but address myself to my G.o.d, the Lord G.o.d of Israel, in the words of Solomon:-

'If any man trespa.s.s against his neighbour, and an oath be laid upon him to cause him to swear, and the oath come before thine altar in this house:

'Then hear thou in heaven, and do, and judge thy servants, condemning the wicked to bring his way upon his head.'--(1 Kings viii. 31, 32.)

GEORGE WEBSTER examined:- "I attended the meeting at Bakery-hill on the afternoon of the 29th November, Mr. Hayes was chairman, and the prisoner was on the platform.

He made a speech to the effect, that he had come 16,000 miles to escape tyranny, and they (THE DIGGERS) should put down the tyrants here (POINTING TO THE CAMP). PRISONER ALSO TORE UP HIS LICENCE and threw it towards the fire recommending the others to do as he did."

N.B.--At the next state trial of Jamas Beattie, and Michael Tuhey, said witness George Webster, on his oath, was cross examined by Mr. Ireland, and stated:-

"Mr. RAFFAELLO, was at the meeting on the 29th November.--(A gold licence was here handed to the witness.)--This licence is in the name of CARBONI RAFFAELLO, and the date covers the period at which the licences were burned."--(Sensation in the Court!)

I was present in person, and a free man. 'AB UNO DISCE OMNES: JAM SATIS DIXI.' I hereby a.s.sert that I did not burn any paper or anything at all at the monster meeting; I challenge contradiction from any bona fide miner, who was present at said meeting. I paid two pounds for my licence on the 15th of October, 1854, to Commissioner Amos, and I have it still in my possession.*

[* The original doc.u.ment of the following Gold-license, as well as the doc.u.ments from Davis Burwash, Esq., the eminent notary-public, of 4, Castlecourt, Birchin-lane, City, London; and Signor Carboni Raffaello's College Diploma, and Certificate as sworn interpreter in said City of London; together with the Originals of all other Doc.u.ments, especially the letters from C Raffaello to H. W. Archer, inserted in this book, are now in the hands of J MacPherson Grant, Esq., M.L.C., Solicitor, and will remain in his office, Collins-street, Melbourne, till Christmas for inspection.--The Printers]

V.R.

Printed by John Ferres at the Government Printing Office NOT TRANSFERABLE 2 POUNDS GOLD LICENSE.--THREE MONTHS.

No. 134. 17th October 1854.

The Bearer, Carboni Raffaello, having paid the Sum of TWO Pounds on account of the General Revenue of the Colony, I hereby License him to mine or dig for Gold, reside at, or carry on, or follow any trade or calling, except that of Storekeeper, on such Crown Lands within the Colony of Victoria as shall be a.s.signed to him for these purposes by any one duly authorized in that behalf.

This License to be in force for THREE Months ending 16th January, and no longer.

G. A. Amos.

Commissioner.

REGULATIONS TO BE OBSERVED BY THE PERSONS DIGGING FOR GOLD OR OTHERWISE EMPLOYED AT THE GOLD FIELDS.

1. This License is to be carried on the person, to be produced whenever demanded by any Commissioner, Peace Officer, or other duly authorised person.

2. It is especially to be observed that this License is not transferable, and that the holder of a transferred Licence is liable to the penalty for a misdemeanour.

3. No Mining will be permitted where it would be destructive of any line of road which it is necessary to maintain, and which shall be determined by any Commissioner, nor within such distance round any more as it may be necessary to reserve for access to it.

4. It is enjoined that all persons on the Gold Fields maintain a due and proper observance of Sundays.

5. The extent of claim allowed to each Licensed Miner is twelve foot square, or 144 square &c.,&c.,&c.,

Examination of this gold-laced witness continued:--'The prisoner was the most violent speaker at the meeting.'

Good reader, see my speech at the monster meeting. I am sick of this witness and I will make no further comments.

Chapter Lx.x.xVI.

Coglione, Il Lazzarone In Paragone.

CHARLES HENRY HACKETT, police magistrate, cross examined by Mr. Ireland:-

"There was a deputation admitted to an interview with Mr. Rede, on Thursday night, November 30th. The prisoner was one of the deputation.

I think Black was the princ.i.p.al party in the deputation. The deputatation as well as I remember, said, that they thought in case Mr. Rede would give an a.s.surance that he would not go out again with the police and military to collect licences, they could undertake that no disturbance would take place. Mr. Rede replied, that as threats were held out to the effect, that in case of refusal, the bloodshed would be on their (the authorities') own heads, he could not make any such engagement at the time, nor had he the power of refraining from collecting the licence fee."

By the prisoner: "I recollect Commissioner Rede saying, that the word 'licences' was merely a cloak used by the diggers, and that this movement was in reality a democratic one. You (prisoner) a.s.sured him that amongst the foreigners whom you conversed with there was no democratic feeling, but merely a spirit of resistance to the licence fee."

Mr. C. H. HACKETT you are a lover of truth: G.o.d bless you!

JAMES GORE, examined by the Attorney-General:-- "I am a private in the 40th, I was in the attack on the Eureka stockade.

The prisoner and two other men followed me when I entered the stockade, and compelled me to go out. Prisoner was armed with a pike."

Cross examined by Mr. Ireland:-- "It was day-light at the time, but not broad day-light; I had fired my musket but not used my bayonet. I ran because there were three against me. I was one of the first men in the stockade. There was no other soldier or policeman near me when the prisoner and the other men pursued me."

PATRICK SYNOTT, examined by the Attorney-General:-- "I am a private in the 40th regiment, I saw the prisoner and two other men pursuing Gore from the stockade on the morning of the attack. It was almost as lightsome at the time as it is now. I could distinguish a man at fifty yards off, and the prisoner was not fifteen yards from me. He was six or seven minutes in my sight."

JOHN CONCRITT, examined by the Attorney-General:-- This witness was a mounted policeman and corroborated in all particulars the evidence of the previous witnesses.

Cross examined by Mr. Ireland:-- "I fired my pistol at the prisoner. It was very good daylight. From what I saw of the soldier that morning, I should have known him again, for he stood with me for some minutes afterwards."

JOHN DONNELLY, examined by the Attorney-General:-- "I am a private of the 40th regiment. I was at the stockade on the 3rd December; I saw the prisoner there. I had a distinct opportunity of seeing."

Cross examined by Mr. Ireland:- "I saw him for about a minute at first, and I saw him again in about ten minutes afterwards. I also saw him at the Camp the following day."

JOHN BADc.o.c.k, trooper, examined by the Attorney-General:-- "I was at the stockade on the morning of the 3rd December. I was on foot.

I snapped my musket at the prisoner, and it missed fire. I was quite close to him. I saw him again at the lock-up next day."

JOHN DOGHERTY, trooper, examined by the Attorney-General:-- "I was at the attack on the stockade. I saw the prisoner there. I knew him personally before. I have no doubt that he is the man. I saw the prisoner run towards the guard tent, and in a few minutes after, I saw him again brought back as a prisoner."

Sergeant HAGARTEY, examined by the Attorney-General:-- "I am a sergeant in the 40th. I was in the attack on the stockade.

I was beside Captain Wise when he was shot. He (Captain Wise) was shot from the stockade. I saw the prisoner at the stockade. I was in the guard which took him to the Camp. The prisoner did not get away, I know.

I saw him a prisoner in the Camp about five o'clock."

Cross examined by Mr. Ireland:-- "I do not know that the prisoner did not escape on his way from the stockade to the lock-up."

ROBERT TULLY, sworn and examined:-- "He was inside the stockade on the Sunday morning: saw the prisoner there armed with a pike; he was in the act of running away; saw him twice in the stockade; was sure the prisoner is the man."