Andrew McIntyre (2)

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Charles A. Doudiet, watercolour on paper, 1854, watercolour, on paper.
Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.
Ballarat Reform League Deputation to Governor Charles Hotham from The Revolt at Eureka’ by R. Wenban. Schools Publishing House, 1959.
"Official form on blue paper - evidence - Michael Lawler, sergeant major police, 17 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80
Be it remembered, that on 20th day of October in the year of our Lord One thousand eight hundred and fifty four Michael Lawler of Ballarat in the Colony of Victoria Sergeant Major 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 pounds, of good lawful money of Great Britain, to be made and levied of the goods and chattels, lands and tenements, in the use of our said Lady the Queen, her Heirs and Successors, if the said Michael Lawler shall fail in the condition indorsed.
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me
J. Johnston George Webster JP
"Official form on blue paper - evidence - Michael Lawler, sergeant major police, 17 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80 The condition of the within written Recognance is such, That Whereas Andrew McIntyre was the 17 day of Oct 1854 at Ballarat in the Colony aforesaid, was concerned in the riot at the Eureka Hotel it therefore be the said Michael Lawler shall appear at the Circuit Court to be holden at Geelong in and for the Colony of Victoria, on the 26 day of Oct A.D., 1854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Andrew McIntyre for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Andrew McIntyre then the said Recognizance to be void or else stand in full force and virtue.

Andrew McIntyre sailed to Australia on the Success in 1852. He married Christina. [1]

Background

McIntyre was associated with Peter Lalor, and was said to have been involved in the burning of the Eureka Hotel. He was arrested with Thomas Fletcher on 21 October 1854 and committed for trial at Geelong on 6 November 1854.[2]

Goldfields Involvement, 1854

The men accused of destroying the Eureka Hotel, Henry Westerby, Thomas Fletcher and Andrew McIntyre, were convicted and sentenced to gaol on 20 November 1854. J.B. Humffray, Black and Kennedy, representing the Ballarat Reform League demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.[3]

McIntyre was imprisoned for three months in Melbourne goal for riotous behaviour prior to the Eureka Stockade battle, namely for his part in the burning of Bentley’s Eureka Hotel. The Argus newspaper concluded that by sentencing the men, the law had been upheld, but the Government had been disgraced.[4]

It was said that McIntyre did his best to restrain the diggers at Bentley’s. Gilbert Amos spoke on Mcintyre’s behalf, but McIntyre was sentenced to three months imprisonment. Amos testified that McIntyre had done all he could to save property in the hotel.[5]


Names of persons arrested in connection of having been connected in the riot at Eureka (being the burning I'd Bentley's Hotel).
Date of Arrest Name How disposed of
Oct 21, Andrew McIntyre , Committed for trial Geelong 26 Nov.
Oct 21, Thomas Fletcher, Committed for trial Geelong, 26 Nov.
Oct 26, Henry Westerby, Committed for trial Melbourne, 15th Nov.
Oct 26, Manestra Flatow, discharged
Oct 26, Samuel Butler, discharged
Oct 26, Albert Hurd, Committed for trial Melbourne 15th Nov. On bail
Oct 27, John Balderston, discharged
Oct 27, George McIntosh, discharged
Oct 27, Charles Stewart, discharged
Oct 27, John van Der Byl, discharged[6]

Newsworthy

PUBLIC MEETING ON BAKERY HILL Pursuant to public notice, a large and numerous public meeting was held on Bakery Hill, on the 22nd instant. At about 12 o'clock groups of men, twelve or twelve in number, might be seen in different directions, between the camp and the Hill, eagerly discussing together, and by their gesticulation and passionate manner, it was clear there was a question of some grave import which engrossed their attention. By degrees they began to move slowly along towards the Bakery, and the swarming bills gave notice that a monster meeting was immediately to be held. From every point of the compass, one might have seen groups of men comning eagerly up, and by two o'clock, the time appointed to meet, there could not have been less than fifteen thousand men on the spot. When the different speakers ascended the platform prepared for the occasion. After some preliminary arrangements, and a desultory conversation between the different gentlemen who were to address the meeting, the gentlemen of the press were requested to come forward and take a seat. On these gentlemen making their appearance, three cheers were given for the Ballarat Times, and three groans for the Argus, and loud and long were the shouts of indignation raised against the once popular journal, after which the proceedings of the day were commenced by Mr. H. T. Holyoake's proposing the following resolution :
"That we the Diggers of Ballarat in public meeting assembled, viewing the late demonstration of public feeling as arising from the mal-administration of the law, and sympathising with Messrs M'Intyre and Fletcher, who stand committed for trial at Geelong on the 26th instant, on are bar of aiding and abetting in the wilful destruction of the Eureka Hotel, feel it our duty to subscribe the necessary funds to secure the best counsel and defraying the general expenses of the trial." This was seconded by Dr. Levison, and unanimously adopted by the meeting.
The second resolution, proposed by Mr. Kennedy, and seconded by Mr. Alexander Tough, was also unanimously adopted. "That this meeting looks with feelings of indignation at the daily violation of the personal liberty of the sub jest, and hereby express their unqualified condemnation of the manner in which the laws are enforced at Ballarat." The third resolution was moved by Mr. Humffray, and seconded by Mr. Sylvester. That this meeting is of the opinion that if the laws has been fully and impartially carried out, the burning down of Bentley's hotel would not have occurred, and the entire responsibility rests with the Camp Officials; and that this meeting pledges itself to support the Committee in all their endeavors to obtain the fullest investigation into all the facts connected with the late enquiry into the murder of James Scobie, and to petition for the immediate removal of all Camp officials who have acted so unconstitutionally in the matter."
The object of the meeting being to sympathise with those who were alleged to have been unjustifiably committed for trial by the Ballarat Bench, and to raise funds for their defence in a court of law, the different speakers--the movers and seconders of the resolutions-spoke long to some purpose. It was an observable feature that the speaker who most condemned the present government, and insinuated the possibility at a future day, of a better one, was the most vehemently cheered, and evidently the most appreciated. Whenever the speaker (as some of them did) dwelt with tender enthusiasm upon the English Government and British Constitution , a perceptible ennui and lassitude seemed to pervade the meeting. On hearing "the oft-told tale," however, some of the spectators evinced their sympathy on the spot with the object of the meeting by handling in their subscriptions for the defence of the two contmitted for trial; and for those who came unprepared to do so, stores were named over the diggings, at which they might leave their subscriptions at their convenience. At the close of the proceedings it was announced that the Committee would meet at the Star Inn, Red Hill Flat, for the purpose of taking down in writing the testimony of M'Intyre's witnesses, relative to the burning of the Eureka Hotel, in order, as many of them could not go to town, to have their depositions read before the Judicial bench at Geelong. All of these (some half-dozen or so) tended in a stronger or lesser degree to exonerate the prisoner. At the close of the business it was found that theparties had not sufficient for the present emergency, when one young gentleman, Mr. Vern, came forward and magnanimously offered to lend the Committee the sum of £100, which was grate fully accepted, and the Committee adjourned.[7]

See also

Richard Calvin

Thomas Crowther

Thomas Fletcher

Benjamin Hawkshaw

William McEvoy

Andrew McIntyre

Richard Ireland

William Nolan

James Pepper

Michael Quigley

William Thompson

Alexander Tough

Frederick Vern

Edward Viret

Michael Wigley

Further Reading

Corfield, J.,Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.

References

  1. Corfield, J., Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
  2. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  3. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  4. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  5. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  6. PROV, VPRS 1189, Unit 153, File J54 12-469.
  7. Goulburn Herald and County of Argyle Advertiser, 11 November 1854.

External links

http://www.ballaratgenealogy.org.au/art/1855-let.htm