Benden Sherritt Hassell Compensation Case

A Pre-Eureka Incident - Being the petition for the compensation case of Benden S. Hassell

LEAD UP TO EUREKA

The Eureka Riots were the culmination of many months of unrest. The dissatisfaction of the miners and storekeepers over the costs of licenses, the right of representation in parliament, and the unjust administration of the government system led to a highly volatile situation.

Another catalyst to the Eureka Affair was the murdering of Scobie near the Eureka Lead and the subsequent release of Bentley, who was accused of the young Scots murder. It was seen by the populace as another injustice not to be tolerated.

The goldfields population was comprised of many nationalities. All lived under a British legal system in Australia. They were displeased with the unjust and confusing laws on the goldfields. They were hounded by the police, and not given a moment’s peace. Many had fled troubles in Europe and Ireland. They had seen the result of oppressive tyrants and governments. Many had been chartists and reformists in their homelands and did not want to be repressed in their chosen new land.

Reinforcements - Troops Arriving from Melbourne, Ballarat Heritage Services Picture Collection.

On 11 November 1854, at a huge meeting on Ballarat’s Bakery Hill, the Ballarat Reform League was formed. Many Chartists were involved in the formation of resolutions, such as the abolition of the miners’ and storekeepers’ licenses, the privilege of manhood suffrage, parliamentary reform, and the reform of law on the goldfields.

On 28 November 1854 a detachment of the 12th Regiment entered Ballarat between nine and ten o’clock at night and marched through the Eureka Diggings accompanied by some transport waggons. An incident ensued which resulted in injuries to the Drummer Boy, John Egan; the publican, Benden Hassell; and the carter, Young. This is the incident which is described below.

On 29 November 1854 a ‘Monster Meeting’ was held on Bakery Hill. A flag, representing the Southern Cross, with white stars on a dark blue background, was flown on ‘a very splendid pole, eighty feet in length’. The diggers took the ‘Oath of the Southern Cross’. They knelt, and with heads uncovered pointed to the banner and said,

“We swear by the Southern Cross to stand truly by each other and fight to defend our rights and liberties.”

Only four days later, in the early hours of the sabbath, some of these miners lost their lives to their cause. This was the culmination of the unrest and ill-feeling.

This was Eureka.

INCIDENT PRE-EUREKA, 28 NOVEMBER 1854

“The onslaught upon the troops appears to have been unprovoked and savage, and it excited general disgust in the minds of the colonists everywhere out of Ballarat.” Walter Bramwell Withers in his History of Ballarat was referring to an incident on the 28 November, 1854. The publican of the London Hotel, Benden Sherritt Hassell was shot in the leg. During the same fracas the drummer boy of the 12th Regiment, John Egan, was shot in the thigh and Young, who owned the waggons, was also injured. Raffaello Carboni described it as a “cowardly attack” by the miners. They had thrown stones and bottles at the troops on their way into Ballarat between nine and ten o’clock on this dark November evening and allegedly had fired shots into the crowd.

Assistant surgeon of the 12th Regiment, George Arden reported, that “as soon as we got into the diggings a mob of diggers collected and assailed us with cries of Joe! Joe!” “We were pelted with large stones and bottles. … One of the carts was capsized, the driver and two men were severely injured, the men were turned out and ordered to load. We found two men missing and a party went back to find them. They were laying [sic] off the road badly wounded. When the soldiers turned out and loaded the crowd dispersed. … We were shortly after joined by the 40th men from the Camp. During the disturbance several shots were fired by the diggers, but the military never returned the fire. … Our Drummer boy was shot in the leg.”

Lance Corporal George Sharpe, also of the 12th Regiment corroborating the evidence of the assistant surgeon said, “ I was with the third cart from the rear when the mob attacked us, with stones, sticks and bottles. I heard some shots fired by the diggers; some shots were fired at us. I am quite certain that none of the soldiers fired a shot. I never heard any Officer ask the road to the camp. The drivers appeared to know the way.”

One of the main arguments for compensation for Mr Hassell was that the drivers asked him the way to the camp. This subsequently was the reason that he was shot in the leg, because he was in the middle of the road, and in the firing line. It was argued therefore that it was the government who should be responsible for compensating him for his injuries. However the witnesses deposed that the shots were fired by the insurgents and that the military had loaded, but not fired a shot.

The reasons for the military proceeding through a hostile area late on a dark night were dubious. They had left Melbourne at 5 o’clock on the previous evening, and arrived at the Ballarat Diggings “around 9 or 10 o’clock” the next night. This was usually a three day march, so the troops arriving at the Eureka Lead were “jaded” and “marching very slowly.”

The Melbourne Argus reported that “a portion of the military force despatched from town on Monday had arrived, [at Ballarat] and that in passing through the diggings the soldiers were pelted with broken glass and other missiles by some diggers. The military received this manifestation of feeling in the best possible temper, and did not attempt to irritate the mob by indulging in gestures or movements which might be interpreted to mean other than a friendly inclination to them.” … “a poor drummer was shot through the leg – are these deeds which will enlist the sympathy of an intelligent people? Is the maiming of a drummer boy a worthy triumph for a large mass of a British population who wish to occupy a creditable position in the eyes of the world? Surely not!”

Nothing was written about the injury to Benden Sherritt Hassell, although he also was shot during the same incident as the drummer boy and Young, the carter. Hassell and his partner, Robert Monckton, were co-owners of the London Hotel. Later some of the wounded sheltered at the London Hotel after the Eureka massacre. Benden Hassell applied to the government for compensation in 1855, stating that “at night on the 28th of November, 1854, a detachment of soldiers with military stores arrived on Ballaarat, and as they were passing over that part of the diggings known as the Eureka – along the road leading by the ‘London’ Hotel, the Officer in command enquired … the way to the Government Camp, on Ballaarat, and he [Mr. Hassell] went out into the road and gave the Officer the information desired … As he [Mr. Hassall] was returning into the Hotel after pointing out the way to the Officer he was shot in the leg.”

Timothy Doyle, surgeon on the Eureka Lead gave evidence that Mr. Benden Hassall was under his care “for a period of four months, labouring under the effect of a gun shot wound of the left leg, …, which severely incapacitated him from following his usual business; from the severe nature of this wound” he had not recovered. … “That the bullet” had “ not yet been extracted from the limb; and from present appearances it is very probable that Mr. Hassall will have to undergo a severe surgical operation before there is any chance of his recovering [if at all], the active use of the wounded limb, or be freed from frequent attacks of excruciating pain.”

Mr. Hassall was “well known as a peaceable and loyal British subject, and in no way countenanced or aided in any manner the unfortunate disturbances which took place on the Eureka, either at the time he received the wound or on any subsequent occasion.”

Four hundred and eighty-six men signed the petition urging the government to consider compensation for such a worthy case. The Board, however, in determining the judgement, made a suggestion that a “small donation from each of the individuals” who had signed the petition would “demonstrate their sympathy with the petitioner [Hassall] in a much more intelligible form, and more advantageous to his interests”.

POST EUREKA - WHAT HAPPENED TO HASSELL AND MONCKTON?

Benden Hassell and Robert Monckton owned the London Hotel from 1854 to 1856. On field surveyor Eugene Bellair’s notes in November 1854, the intended London Hotel is close to the Eureka Lead. In 1856 the pair became flour millers and the Argus reported that they were ready “to commence the erection of a large and complete mill” at the swamp. This was Yuille’s Swamp which is now known as Lake Wendouree.

They are described, in 1857, as “millers, etc at the swamp”. Flour mills were located on the swamp because of the necessity for a steady supply of water for this industry. The Hassall and Monckton Flour Mill was on the former State Electricity Commission site at the corner of Webster Street and Wendouree Parade in Ballarat.

In 1859 the mill chimney was blown down in a gale, and according to the Star and Miner newspaper the new chimney, being ninety-eight feet high was the tallest in the district.

In September, 1864, according to the Star, “Messrs Hassell and Monckton have disposed of their mill on the Wendouree Parade to Mr Fry, of Ascot, for the sum of £4,500”. Mr Fry was to take possession of the mill in two months time.

Messers Hassell and Monckton were to visit England in 1865. Little is known of them after this time, but it is assumed that Benden Sherritt Hassell survived being “shot in the dark”.

COMPENSATION CASE

The Claim for Compensation of Mr. B.S. Hassell was delivered on 21st February 1856 by Mr. J.B. Humffray.

To His Excellency Sir Charles Hotham, K.C.B., governor and Captain-General of the Colony of Victoria.

The humble Memorial of Miners, Storekeepers, and others on behalf of Mr. Benden Sherral Hassall, Storekeeper, Eureka, Ballaarat, Sheweth –

That the said Benden Sherral Hassell resided on the Eureka, Ballaarat, on the 28th of November, 1854.

That at night of the day beforementioned, a detachment of soldiers with military stores arrived on Ballaarat, and as they were passing over that part of the diggings known as the Eureka – along the road leading by the “London” Hotel, the Officer in command enquired of the said Mr. Hassall the way to the Government Camp, on Ballaarat, and Mr. Hassell went out into the road and gave the Officer the information desired.

That as Mr. Hassall was returning into the Hotel after pointing out the way to the Officer, he was shot in the leg.

The following is a copy of the surgeon’s certificate :-

“Ballaarat, 17th July, 1855

“This is to certify that Mr. Benden Hassall was under my care for a period of four months, labouring under the effect of a gun shot wound of left leg, received on the 28th of November, 1854, which completely incapacitated him from following his usual business; from the severe nature of this wound he has not as yet perfectly recovered, and I furthermore consider he will never recover perfect use and strength of same limb.

(Signed)

Timothy Doyle,

“M.R.C.S.”

That the bullet has not yet been extracted from the limb; and from present appearances, it is very probable that Mr. Hassall will have to undergo a severe surgical operation before there is any chance of his recovering (if at all), the active use of the wounded limb, or be freed from frequent attacks of excruciating pain.

That Mr. Hassall has suffered considerable pecuniary loss through his not being able to attend to the disposal of a large stock of goods, and which, in consequence of their being kept so long were much depreciated in value.

That Mr. Hassall is well known as being a peaceable and loyal British subject, and in no way countenanced or aided in any manner the unfortunate disturbance which took place on the Eureka, either at the time he received the wound or on any subsequent occasion.

That Mr. Hassall is unable distinctly to say whether he was shot by one of the insurgents or one of the soldiers.

That your Memorialists respectfully urge that your Excellency will be pleased to take this special case of Mr. Hassall’s into your consideration, and award such compensation as your Excellency may be advised as just, under the peculiarly hard circumstances by which Mr. Hassall has suffered so much in pocket and been maimed in body for life.

And your Memorialists will ever pray &c

(Here follow 486 signatures)

Report of Board, with Copy of Evidence.

Police Office, 22nd October, 1855

Sir,

In reporting upon the Petition of Mr. B.S.Hassall for compensation for a wound received during the disturbances at Ballaarat, the Board have the honor to transmit the evidence taken: that of the assistant Surgeon of the 12th Regiment, as also of a non-commissioned Officer, who was in company with the detachment of the 12th Regiment when proceeding through Ballaarat, on the night of the 28th November last.

By the evidence it appears impossible that the petitioner received his wound from the military; and the Board cannot see anything which would justify their recommending any compensation whatever from the Government.

But if the Board may be permitted to make a suggestion, a small donation from each of the individuals who have interested themselves – as shewn by the numerous signatures to the Memorial, would demonstrate their sympathy with the petitioner in a much more intelligible form, and more advantageous to his interests.

I have &c, (Signed)E. P. STURT, Chairman of the Board of Enquiry

An Alphabetical List of Signatures has been transcribed from this long petition. Over 1000 names are on it.

Benden Sherritt Hassell Transcription of Names

C. Abraham; Adamson Haynes; James Alein; A E & R Alexander; James Allan; Nicholas Allan; Geo Allen; J H Alley; Alfred Aradocks?; William Arstal; [[Asginth William Bachers Geo N Bachus? Geo N Baer?O Bairdon William Baker Nathan Balderston John Ballot V C Baratt Isaac Barbour William Barly Wm Barrass? Mr M? Barrclow William Bath Thomas Batten Matthew Beath Finlay M? Beaton Darius? Beauval D B Berae P Berger H S? Bier John Birgers James Black James Black Thon Blackburn John Blackie James Blazence? William Blyth John Bolitho Thomas Bolnkon? John? Bord G R Borres? Alden P Bourke James Bourke William Bourne John Boyce T Boyd John Boyell Chas Jas Boyne Richard Brash James Brooks Edwd Colin Brooks Lawrence Brooks William Brough David Brown James Brown James Brown James Brown Robert S Brown Simon Brown William Brownfourley William Brunig A C Bruning M Bruton Richmond Bruwn Hugh Buchanan James Burrell Isaac But William Byers Robt H Cadds? James Cairns Robert Cairns Thomas Calman Samuel Cambordger John Cameron Allan Cameron Cosneo?? Cameron James Camm Edward Campbell Daniel Campbell E Campbell James Campbell John Camson? Frederic Carr Francis Caugherty Henry Cavanagh John Chambers Thos Chapman Ebenezar* Chapman James Chapman John Charlstone Wm Fk? Child? W B Chinery Geo Clane? Sr Clark James Clemence Samuel Coady Patt Cobley Alfred Coleman John ? Comfrey Geo Whitfield Cooper B Cooper Wm ? ? Coster Thomas Coulson Thomas Craser? & Co Crichton James Croft Ismael Croikett James Crossley & Co Cruickshank William Cullis William Cuthbertson Ralph Daly John Dalzell John Darby James Dark Daniel Dassett Chas Davis Goerge De'burgur Charles Dean Alexr Decueur Thos Denham Thomas Detert? H Diall Joseph Digger Charles Dignam Thomas Dillon Richard Dobson T A Docan John Doig James Doncaster Isacc Dougald Wm? Dougherty James Dougherty John Douglas James Dow Robert Down James Doyle Jerrome Doyle William Duncan Angus Duncan Robert Dunn Ambrose Peter Dunston John Eckford Robert Edwards Andrew Edwards Edward Edwards Wm Egan James Eggleton Benjamin Elliot M Eoons? Wm H Ettersley James Evans G B Evans Henry Evans & Wright Even Joseph Every? Tom?? Fahey Daniel Farmer Edward Fearon John Featherstone Thomas Fenton John Fenton Thomas Ferguson James Field Edwin Fisher Edward Fisher Wm Fletcher John Flood E F Flynn Martin Foin? John Foll? James Fox Charles Fox Richard Foy Wm R Frame James Fraser Alexr Freiman John Fry Edwin Gamble James Gardner Samuel Gay Phillip Gibbs R S Gibson John Gibson Wm Gillespie James Gilmour Peter Glarrell? Charles Gondge? William Gordon Alexander Gordon Sam Gordon William Gough Edward Graham Wm Granville I Green Tyson Green William Grey Robert Griffin Thomas Griffiths William Groves John Haigh Samuel Hall Armstrong R Hall Josiah Hamilton Thomas Hammer John Hammer? Phillip Hanley Michael Hargreave William Harman Alexander Harman Chas Harris Nath Harris William Hart Wm Haynes Lowther Heayser? John Henderson Robert Henrey? James Henword B? Hepburn Thomas Hewitt Joseph Hickey C? Hicks Richard Highmore Joseph Hiles & Willsn See Williamson Hill John Hilling & Greig Hoare William Hogg & Norris Holland John Hollis John Hope John Howell William Howly William Hu?Etto V S D M Hughs Thos Humffray J B Hummfray F? Hunter William Hunter & Turner Hutton W Hynes Richard Hynim? James Irons William Irwin Jp Samuel Jacobs Abraham J James John James W J Jardine Graham Jenkin John Johnson Matthew H Johnson Samuel Johnson William Johnsone Henry Johnston Archd Jolly & Layns Jones C H Jones Ishmael Jones John Jones Richard Jonson George Jordan Christn Peter C Kellor Behrent? Kenedy Michael Kennedy John Kennedy John Kennedy John Kennedy William Kewly? William Kruse Jno P Landler Andrew Lane H D Laney Richard Lang Thomas Large Richard Laundrey? Samuel Layns & Jolly Lester Alfred Lewis Alexander Lewis James Price Leylon John Linch Saner? Little Robert Little R N R J Strachanm Lloyd James Payne? Lloyd Thomas B Lolley James Lynch James Macdonald Allan Macfadyen H S Macfarlane Thomas Mackay N G Macke Louis Mackey William Maclaren Alexander Macrae Duncan Maguire James Marshell John Martin Richd Mather Robert Mawatt Alexr May James May John Middleton John H Millar Daniel Millar Lander? Miller John S Millsop Moses Milne C N? Milne Geo M Minton F W H Moir John Monckton Robert Monckton William Moody & Smith Moore James Moore W Morris M Mouson Duncan Moysen Ssain? Muir Andrew Muir David Muir M P Muirehouse James Mura Robert Murchison Malvern? Murray Henry Murray Nicoll Mcardle Bryan E Mccallum Archd Mccallum Dow Mccallum O C? Mcclellan Anthony Mcculloch William Mccullog Thos Mcdonagh I M Mcdonald Duncan Mcfadyn David Mcfarlan John Mcghie Jno Mcgowan James Mcgrotty A Mchellde Duncan Mcindoe Robert Mckay George & Co Mckay John Mckenzie Thomas Mckinlay James Mclaren & Tulloch Mclellan George Mcleod Kenneth Mcneill Allan Mcpherson Alexr Mcphievll? Alex Mcrae John Mcsporran Malcolm Neill Joseph Newland G W Newland G W Newman Charles D Newman James Newton John Nicholls Richard Nolee Montague Norris & Hogg Nutter John O'brien Kennedy O'brion Jas O'brun John O'connor Daniel O'connor P O O'neill James O'neill John A Odgers John Palmer John Parkin W R? Peddle Joseph Peebles William Pendreigh Adam Perry John Pohl Adolph Pole Chas Wm Pole? ? Pook Thomas Prahl P Rambinson? ? Randall Thomas E Ranken A B Rattray David Rattray Robert Read Charles Reynolds William Richards David Richards John Richards Peter Richards Richard Richards Wm Jnr Rickard Peter Rickards William Riddock Sinclair G Ritson? N N Robertson John Robertson John Robinson Daniel Robinson Wm B Rocketts John A Rodier W B Rogers R H Rolf Joseph Rook John Ross David J Routh Joseph M Rowan John Rowlands John Ruflett Wm Russell William Rutherford A M Ryan James Ryan Patrick Ryan Thomas Saffallaz? Lars? Saine Ednane Sarah John Sawilawsky Andreas Seis? William Sharkey John Shaw John Sheppard Augustus Sheridan Henry Shernan Robt Shiers John A Simmons Hy Geo Simson William Sivadesir George Slade Leonard Slattery Daniel Small Thos Smith Aquila Smith Charls Smith Chas Smith D A Smith Henry Smith James Smith John Smith T Smith & Moody Sneddan John Sneddon Mathew Spring Henry N Spring John Stacey Joseph Stapleton James Steadman John Stevens John Stevens John S Stewart James Stillier Edwar Strachan John Studge Henry Sweeny John Switzer John Taylor Alexr Taylor William Teegmind? T Thackeray James? R N Thomas William Thomas William Thompson Robert Tilley Charles Tolstry Harald Tranter? Thomas Tulloch & Mclaren Tully Robert Turnbul James Turner M Turner & Hunter Turnip James? Turpin William Tweedie William Tyree James Tzren Thomas Usher Francis Usher M Vines Joshua Viny? Charles Walker James Wallard See Woolard Wallis Henry Ward Joseph Wareing Joseph Waters J D Watt George Way Samuel Webster Thomas Weeks Nathaniel Weightman James Welton George Wheeler Charles White Robert Whittlesee W Wilding Thos Wiley Patt Williams Noah Williamson Henry Williamson & See Hiles Willington J D Willis John Z Wilson John Wilson W D Withers Henry Percy Wood Clowe C Woolard Jonah Wray James Wright Alex Wright & Evans Wylie Johmn Wylie John Young James Yuille John

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Dorothy Wickham