John Penaluna

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Background

Goldfields Involvement, 1854

John Penaluna was a friend of Peter Ellis, and in December 1854 shared a tent with Joseph Penrose.[1]

Penaluna witnessed soldiers on the way to the Eureka Stockade on 03 December 1854. He was woken by his friend, Joseph Penrose, as the soldiers passed their tent. Penaluna gave a statement in support of Joseph Penrose's claim that he had not taken part in the Eureka Stockade.[2]


Recognizance to give evidence: John Penalama[sic][3]


Deponent 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. John Penneluna Sworn before me at Ballarat this 8th December 1854. E. P. Sturt PM[4]

This deponent John Penneluna on his oath saith I saw Read on Saturday 2nd. I sleep in a tent about twelve feet from his. I saw him on Sunday ? o'clock. I heard firing that morning and it was after that. I saw Read ? tent. While the firing was going on I heard Read's voice talking to Penneluna. John Penneluna Sworn before me at Ballarat this 11th December 1854. E. P. Sturt PM[5]


Deposition of James Wearne, one of a party of Cornishmen on the Eureka Diggings. The party consisted of Peter Ellis, Penneluna, Joseph Penrose, Henry Read and James Wearne.

According to PROV, Depositions such as those contained in these documents, served as a record of the initial hearing. Local magistrates heard the charged against the person arrested. The accused had an opportunity to respond to the charges.


No. 83

O. 1.

11 and 12 Vic., c.42.

RECOGNIZANCE TO GIVE EVIDENCE

Be it remembered that on the 8th day of December in the year of Our Lord One thousand eight hundred and fifty four James Wearne of Ballarat in the Colony of Victoria, Gold Miner, 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 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 ad Successors, if he the said James Wearne shall fail in the condition indorsed.

Taken and acknowledged the day and year first above mentioned at Ballarat in the said Colony before me (Signed) E. P. Sturt

The Condition of the within written Recognizance is such, That Whereas Michael Tuhey [sic], Henry Read & James Campbell were this day charged before me a Justice of the Peace within mentioned for that they the said Michael Tuhey, Henry Read & James Campbell on the third day of December 1854 at Ballarat in the Colony afresaid, did feloniously, willfully & traitorously fire at attack & kill certain troops of our Sovereign Lady the Queen

if therefore he* the said

James Wearne shall appear at the Gaol Delia? to be holden at Melbourne in and for the Colony of Victoria on the fifteenth day of January A.D., 1855, and there give such evidence as he* knoweth upon an Information to be then and there preferred against the said Michael Tuhey, Henry Read & James Campbell for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Michael Tuhey, Henry Read & James Campbell then the said Recognizance to be void or else to stand in full force and virtue.

Handwritten evidence. 18

And this deponent James Wearne on his oath saith

On the third Instant I heard the firing at Eureka. I got up and my two mates -

I saw Read, Penneluna 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 before me at Ballarat this 8 December 1854

Signed James Wearne[6]

Post 1854 Experiences

See also

prisoners

gaol

treason trials

Further Reading

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


References

  1. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  2. Wickham, D., Gervasoni, C. & Phillipson, W., Eureka Research Directory, Ballarat Heritage Services, 1999.
  3. VPRS 5527/P Unit 2, Item 5, p. 25
  4. VPRS 5527/P Unit 2, Item 5, p. 50
  5. VPRS 5527/P Unit 2, Item 5, p. 55
  6. VPRS 5527/P Unit 2, Item 5 - contains 57 pages

External links



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