Difference between revisions of "Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854"
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[[File:I05527-p0000-000001-0070-010-001v.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Albert Hurd]], 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | [[File:I05527-p0000-000001-0070-010-001v.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Albert Hurd]], 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | ||
− | The condition of the within written Regcognance is such, That Wheras [[Albert Hurd]] was this day charged before me as Justice of the Peace within mentioned, for the said Albert Hurd on 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, felionously burn, pull down, the Dwelling House of one James Francis Bentley it therefore be the said Henry Wright 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., 854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Albert Hurd for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else stand in full force and virtue.]] | + | The condition of the within written Regcognance is such, That Wheras [[Albert Hurd]] was this day charged before me as Justice of the Peace within mentioned, for the said Albert Hurd on 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, felionously burn, pull down, the Dwelling House of one James Francis Bentley it therefore be the said [[Henry Wright]] 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., 854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Albert Hurd for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else stand in full force and virtue.]] |
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[[File:I05527-p0000-000001-0070-010-003.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Thomas Conboy]], 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | [[File:I05527-p0000-000001-0070-010-003.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Thomas Conboy]], 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | ||
Recognizance to give evidence.<br/> | Recognizance to give evidence.<br/> | ||
− | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Thomas Conboy of Ballarat in the Colony of Victoria Trooper 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 [[Thomas Conboy]] shall fail in the condition indorsed.<br/> | + | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Thomas Conboy]] of Ballarat in the Colony of Victoria Trooper 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 [[Thomas Conboy]] shall fail in the condition indorsed.<br/> |
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | ||
EPS Sturt JP]] | EPS Sturt JP]] | ||
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[[File:I05527-p0000-000001-0070-010-004.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Frederick Levy]], 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | [[File:I05527-p0000-000001-0070-010-004.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Frederick Levy]], 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | ||
Recognizance to give evidence.<br/> | Recognizance to give evidence.<br/> | ||
− | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Frederick Levy of Ballarat in the Colony of Victoria Agent 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 Frederick Levy shall fail in the condition indorsed.<br/> | + | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Frederick Levy]] of Ballarat in the Colony of Victoria Agent 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 Frederick Levy shall fail in the condition indorsed.<br/> |
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | ||
EPS Sturt JP]] | EPS Sturt JP]] | ||
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[[File:I05527-p0000-000001-0070-010-005v.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Maurice Linquist]], auctioneer, 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | [[File:I05527-p0000-000001-0070-010-005v.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Maurice Linquist]], auctioneer, 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | ||
− | <br/>The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said [[Maurice Linquist]] shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said [[Albert Hurd]] for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.]] | + | <br/>The Condition of the within written Recognizance is such, That Whereas [[Albert Hurd]] was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said [[Maurice Linquist]] shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said [[Albert Hurd]] for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.]] |
[[File:I05527-p0000-000001-0070-010-006.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Henry Harris]], auctioneer, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | [[File:I05527-p0000-000001-0070-010-006.jpg|800px|thumb|centre|"Official form on blue paper - evidence - [[Henry Harris]], auctioneer, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 | ||
Recognizance of Bail<br/> | Recognizance of Bail<br/> | ||
− | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Albert Hurd]] of Ballarat in the Colony of Victoria [[Henry Harris]] of Ballarat in the said Colony Auctioneer, and Constantine Blessig of Ballarat in the said Colony, Merchant, personally come before me and the sum of five hundred pounds, and the said [[Henry Harris]] and Constantine Blessig the sum of two hundred and fifty pounds each 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 Albert Hurd shall in the condition indorsed.<br/> | + | Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Albert Hurd]] of Ballarat in the Colony of Victoria [[Henry Harris]] of Ballarat in the said Colony Auctioneer, and [[Constantine Blessig]] of Ballarat in the said Colony, Merchant, personally come before me and the sum of five hundred pounds, and the said [[Henry Harris]] and [[Constantine Blessig]] the sum of two hundred and fifty pounds each 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 Albert Hurd shall in the condition indorsed.<br/> |
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/> | ||
EPS Sturt JP]] | EPS Sturt JP]] | ||
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[[File:I05527-p0000-000001-0070-010-010.jpg|800px|thumb|centre|Deposition Thomas Wood, p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | [[File:I05527-p0000-000001-0070-010-010.jpg|800px|thumb|centre|Deposition Thomas Wood, p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | ||
And this deponent Thomas Wood on his oath saith. | And this deponent Thomas Wood on his oath saith. | ||
− | I am a Constable. On the 17 inst I was sent to the Eureka Hotel. I saw the prisoner Albert Hurd throwing bottles and stones at the Hotel a few minutes after I saw him with a stick in his hand. He was saying “Come on my boy one will have plenty wood let us tear it down. I saw prisoner Hurd taking Cloths and]] | + | I am a Constable. On the 17 inst I was sent to the [[Eureka Hotel]]. I saw the prisoner [[Albert Hurd]] throwing bottles and stones at the Hotel a few minutes after I saw him with a stick in his hand. He was saying “Come on my boy one will have plenty wood let us tear it down. I saw prisoner Hurd taking Cloths and]] |
− | [[File:I05527-p0000-000001-0070-010-011.jpg|800px|thumb|centre|"Deposition Thomas Wood, p.2, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | + | [[File:I05527-p0000-000001-0070-010-011.jpg|800px|thumb|centre|"Deposition [[Thomas Wood]], p.2, PROV, VPRS5527/P0 Unit 1, Item 70<br/> |
rags that were on fine and thrown them into the Buildings - {By prisoners attn. I am quite sure prisoner was the man. I cannot be mistaken. I spoke to him he had a bundle of wood in his hand.<br/> | rags that were on fine and thrown them into the Buildings - {By prisoners attn. I am quite sure prisoner was the man. I cannot be mistaken. I spoke to him he had a bundle of wood in his hand.<br/> | ||
The ranks were taken several times by diggers breaking through - the part that prisoner threw the Rags into was not on fire, another part of the building was burning, his dress I think was]] | The ranks were taken several times by diggers breaking through - the part that prisoner threw the Rags into was not on fire, another part of the building was burning, his dress I think was]] | ||
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By this Atty Defendant I swear distinctly I saw prisoner throwing Bottles and some things at the house. I cannot swear they struck the house.<br/> | By this Atty Defendant I swear distinctly I saw prisoner throwing Bottles and some things at the house. I cannot swear they struck the house.<br/> | ||
Thos Conboy<br/> | Thos Conboy<br/> | ||
− | Thomas Conboy Sworn before us at Ballarat this 27th October 1854<br/> | + | [[Thomas Conboy]] Sworn before us at Ballarat this 27th October 1854<br/> |
E P Sturt PM Charles P Hackett PM]] | E P Sturt PM Charles P Hackett PM]] | ||
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[[File:I05527-p0000-000001-0070-010-017.jpg|800px|thumb|centre|"Deposition [[Maurice Linquist]], p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | [[File:I05527-p0000-000001-0070-010-017.jpg|800px|thumb|centre|"Deposition [[Maurice Linquist]], p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/> | ||
This Deponent<br/> | This Deponent<br/> | ||
− | Maurice Linquist on his oath saith I am auctioneer near Bentley's.<br/> | + | [[Maurice Linquist]] on his oath saith I am auctioneer near Bentley's.<br/> |
remember the 17th Inst. I lived near there at the time, I know that Mrs Bentley ad Mrs Gadd were in a tent close to mine, but I do not know who brought them there.<br/> | remember the 17th Inst. I lived near there at the time, I know that Mrs Bentley ad Mrs Gadd were in a tent close to mine, but I do not know who brought them there.<br/> | ||
I cannot recollect that prisoner helped to take]] | I cannot recollect that prisoner helped to take]] | ||
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− | [[File:I05527-p0000-000001-0070-010-018v.jpg|800px|thumb|centre|"Queen v Henry Wright, Thomas Wood, Thomas Conboy, Frederick Levy and Maurice Linquist , PROV, VPRS5527/P0 Unit 1, Item 70<br/> | + | [[File:I05527-p0000-000001-0070-010-018v.jpg|800px|thumb|centre|"Queen v [[Henry Wright]], [[Thomas Wood]], [[Thomas Conboy]], [[Frederick Levy]] and [[Maurice Linquist]], PROV, VPRS5527/P0 Unit 1, Item 70<br/> |
Queen v [[Albert Hurd]] ~ Riot and pulling down house | Queen v [[Albert Hurd]] ~ Riot and pulling down house | ||
On bail Witnesses [[Maurice Linquist]] [[Frederick Levy]] [[Thomas Conboy]] - Constable [[Thomas Wood]] – Trooper | On bail Witnesses [[Maurice Linquist]] [[Frederick Levy]] [[Thomas Conboy]] - Constable [[Thomas Wood]] – Trooper | ||
Ms. Read Appd. 7 Nov 1854 Copied 8 Nov 1854 Ded.(?) Nov 1854 | Ms. Read Appd. 7 Nov 1854 Copied 8 Nov 1854 Ded.(?) Nov 1854 | ||
Riotous ??? to be included in information got McIntyre re ?]] | Riotous ??? to be included in information got McIntyre re ?]] |