John Dougherty

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Walter E. Pidgeon, Illustration from The Eureka Stockade by Raffaello Carboni, Sunnybrook Press, 1942, offset print.
Art Gallery of Ballarat, purchased 1994.
"Official form on blue paper - evidence - John Dougherty, constable, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four from John Dougherty of Ballarat in the Colony of Victoria Constable 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 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 John Dougherty 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
E.P.S.Sturt JP
"Official form on blue paper - evidence - John Dougherty, constable, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
The condition of the within written Recognizance is such, That Whereas Henry Westerby alias Yorky this day charged before me a Justice of the Peace within mentioned, for that he the said Henry Westerby alias Yorkie was the Seventeenth day of October 1854 at Ballarat in the Colony aforesaid, did with other persons riotously and tumultuously assemble, and did then and there, feloniously burn, pull down and destroy the dwelling of one James Bentley it therefore be the said John Dougherty shall appear at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the fifteenth day of November A.D., 1854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Henry Westerby alias Yorkey for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Henry Westerby alias Yorkey then the said Recognizance to be void or else stand in full force and virtue.
"Depositions of witnesses Maurice Ximenes, John Dougherty, Gordon Evans, Robert Tulley, Cornelius Sorrell, Michael Murphy, and Edward Layton re Henry Westerby, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 90

Victoria Ballarat(M.)
(11 and 12 Vic., c. 42)
DEPOSITIONS OF WITNESSES
To Wit
The Examination of Maurice Frederick Ximenes, John Dougherty, Gordon Evans, Robert Pulley, Cornelius Sorrell, Michael Murphy and Edward Layton of Ballarat in the said Colony of Victoria taken on oath, this 27th day of October, in the Year of our Lord one thousand eight hundred and fifty-four at Ballarat in the Colony aforesaid, before the undersigned two of Her Majesty’s Justices of the Peace for the said Colony, in the presence and hearing of Henry Westerby alias Yorkey Who is charged this day before us for that he the said Henry Westerby alias Yorkey, on the Seventeenth day of October 1854 at Ballarat in the Colony of Victoria aforesaid, together with other persons did tumultuously and Riotously assemble, and did then and there burn pull down and destroy the dwelling House of one James Francis Bentley.
This deponent Maurice Frederick Ximenes on his oath saith as follows
I am Sub Inspector of Police at Ballarat.
On the 17th Instant I was
"Deposition of Maurice Frederick Ximenes, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

ordered to proceed, to Bentley’s Hotel a meeting had taken place in the Neighbourhood a crowd assembled in the front of the Hotel They were shooting and shouting, Prisoner Henry Westerby advanced to the front of the House by himself he struck the house with his clenched hand. He addressed the people, and proposed that Bentley’s House should belong to the Diggers – immediately
"Deposition of Maurice Frederick Ximenes, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
after the mob commenced throwing stones.

Maurice Frederick Ximenes Sub Inspector
Sworn before us at Ballarat this 27 October 1854


"Deposition of John Dougherty, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

And this Deponent John Dougherty on his oath saith I am Constable On this day 17 October Inst. I was on duty at the Eureka Hotel, at this time the house was burned. I saw the prisoner Westerby there, acting as a Ring leader to the mob in destroying the Hotel, he made answer to a request made by Mr Rede Resident Commissioner, that he was as good an Englishman as him, that they had looked long enough to the Courts for satisfaction
"Deposition of John Dougherty, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

that they did not get it but now that they would take it. He proposed pulling down the House and called to those who were of the same opinion to hold up their hands he then advanced towards the Hotel and commenced pulling off the Boards.
By per Counsel. I was there, he was standing along side the prisoner. I saw Prisoner pull the Boards off the House. I distinctly swear that prisoner did
"Deposition of John Dougherty, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

pull the Boards off the House – I did not see him strike the House. I saw him pulling the boards off the House and heard him say that the House should belong to the Diggers. Mr Rede was near to prisoner, at this time.
John Dougherty
Sworn before us at Ballarat this 27 October 1854

Background

Goldfields Involvement, 1854

John Constable was a Police constable.

Dougherty was a witness examined during the report of the Board appointed to enquire into circumstances connected with the riot at Ballarat, and the burning of James Bentley's Eureka Hotel. [1]


Constable John Dogherty [sic] on his oath saith:

I was at Eureka on the morning of the 3rd instant. I saw prisoner Tuohey run ... he had a double barrelled gun in his hand.

John Dougherty

Sworn before me At Ballarat this 8th December 1854

E. Sturt PM[2]


John Dougherty signed the Benden Hassell petition for compensation.

Post 1854 Experiences

See also

Police

Evelyn Sturt

Henry Westerby

Further Reading

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

References

  1. Report of the Board appointed to Enquire into Circumstances Connected with the Late Disturbance at Ballarat, John Ferres, Government Printer, Melbourne, 21 November 1854.
  2. VPRS 5527 Unit 2, Item 5, p. 48

External links