Tobias McGrath

Tobias McGrath, Ballarat Heritage Services Picture Collection

Henry Winkles, Untitled [inside view of tent], 1850s, watercolour, pencil on paper.
Courtesy Art Gallery of Ballarat, Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.

Obituary

The funeral of the late Mr Tobias McGrath and old and much respected pioneer and one of the very few remaining Eureka veterans, took place yesterday and was well-attended by many old friends and acquaintances. The remains were removed from his late residence at Cambrian Hill and were interred in the New Cemetery. The coffin bearers were Messrs Michael and James McGrath (nephews of the deceased), J.W. Cooney, and J. Chatham (grandsons) and the pall bearers were Messrs M.J. Harrington, J.C. Chatham, MLA, and J.P. Cooney (sons-in-law), F. Blood, M. Nolan, M. Lynch, J. Ives, R. Crough, Wm Davey, P. Chatham, P. McCarthy, P. Masterson, M. Lynch, and Constable D. Sullivan. The service at the grave was conducted by the Rev. Fr Duffy, and the funeral arrangements were in charge of Messrs Steve Wellington and Son. McGrath died on 3 April 1916.

Newsworthy

THE GORDON RIOT.

William Hogan, Patrick Comfort, and Tobias McGrath, pleaded not guilty to an information charging them with a violent assault upon John Nelson, a police constable, in the execution of his duty. There was a second count for a common assault. Mr Dunne with Mr Walsh defended the prisoners.

The Crown Prosecutor opened the case, and stated that he could only call one witness, because the state of things at the place of assault was such that the bystanders feared to come forward lest vengeance should be taken upon them.

John Nelson deposed-Am a police constable stationed at the Gordon diggings. Know the defendants. Remember Friday, 2nd July last. Have seen the prisoners repeatedly at the diggings. On the 2nd July I proceeded to a house, and passed the prisoners, in company with others, in the middle of the street. I was coming away from the house, when I heard some one cry out "Now then, boys." I went to the house because I heard there was a row. Comfort came up up to me and said "Take a good look at me. What do you want, you b-y dog ?" I told him I knew him very well, and should summon him when the magistrate came for his conduct the previous night. Comfort was the first who came up to me. He up with his fist and struck me in the mouth, I shoved him off, and the others rushed upon me. I saw M'Grath with a shingling hammer in his hand, and others had sticks. I first got a blow on the head with a pick handle, all trying to get at me. They all seemed to be fighting to get at me. Hogan made a hit at me, and I caught it on my arm. Another struck me on the head with a pick handle, and cut my head open. M'Grath aimed at me with the hammer, but could not reach me. There were about 20 there then, but others came running up afterwards, and I got knocked down, and was kicked and knocked about. Not one of the crowd lent me any assistance. I was in uniform at the time. I shouted out "Police." When I was down, and two or three of them were on top of me, and some one shouted out "They are murdering the police," and some people coming up, they all ran off and stood at the distance of 100 yards. Besides the prisoners I recognised Michael Kennedy, M'Crae, M'Mahon, Jas. Keys, and others. Kennedy I know to be a bad character, and always in rows. Afterwards some 200 nearly came to my assistance. I have not subpoenaed any of them because they would not be safe, your Honor. These men have gone about threatening them, your Honor. I went back to the store, and Comfort, M'Crae, and Hogan came in for a nobbler, and were refused. They said "You have the b-y police in here." The store was the police station. The other constable was Joseph Wiggins. I was getting my head dressed at this time and then went over to Mount Egerton to get over the other constables. We then went to arrest the prisoners and found them playing at cards. Hogan was taken out of bed, and M'Grath was also given in charge. I then went in quest of Comfort and he was hid in a bed with a man named Malone. This was about two o'clock a.m. Two men, Kinneally and another, came with stones as Comfort called out, "Boys, will you see a man served like this." Gordon was then in a very disorderly state. Now it is quiet for the men are all in here. There are fifty or sixty of them I could recognise in one place here. We arrested Comfort.

"To Mr Walsh-I swear I saw the prisoners coming out of the tent. I could not say exactly I saw them leave the door. They were all tumbling out of the tent together. I saw two distinctly, and the other was in the crowd. It was about five, o'clock p.m. I prosecuted Kennedy, but he was not committed for trial. I swore as positively to him as to as to any of the others. I was contradicted by mates of his own and men who took part in it though they did not actually strike blows. There were tent mates. Hogan I could not be mistaken in. I am sure of them all. I was never on duty at the Inkermann. Police were staffed there, and I used to go round there on my beat, but I was not sent specially there. I was not on duty on those two claims. I was never ordered to go away from them. I never heard of a complaint being lodged against me with Sergeant Lannigan, and if it had been it would have been his duty to lodge it before my superior officers. I did not arrest Keys. Could get him within five minutes if I liked.

To his Honor-Two constables were told off for those claims, and I or any other constable might have looked in to see if the other constables were there.

Sergeant Robert Algie deposed in corroboration-I found Comfort in bed, and told him why I arrested him. He said "he'd see you d---d first.

Henry Coll deposed-I recollect the 2nd July. Saw M'Grath and Comfort that day it the Gordon township. Constable Kelson was boarding at my place, and he went out to the row, and soon sung out for help, and I told equitable Wiggings Nelson was struck. I ran over the road and Nelson was on the ground and fifteen or sixteen were round him. Could not say exactly who was round him, as it was dark!. Wiggings was in the street at the same time.

To Mr Dunne-I have been summons hither to say.

This was the case for the prosecution, ant Mr Dunne having replied for the defence in a speech somewhat uncomplimentary toward\! the prosecuting constable.

Edward Alexander West deposed-Am storekeeper on the Opossum Reef. Remember hearing of the row. That evening I went with a dray load of goods to the reef for the Kangaroo. I should say I got to the Opossum reef between five and six o'clock but I could not be sure. The prisoner Hogan was there, and helped me to unload the dray. He lived close behind me, and after unloading I went to his tent for refreshment, and wad there, on and off till 10 o'clock. Hogan was there all the time. ... The jury retired to consider their verdict and after an absence of ten or fifteen minutes I returned into Court with a verdict of guilty against all the prisoners.

His Honor, in addressing the prisoners exonerated the constable from the aspersions cast upon him by prisoners' counsel, and sentenced each of the prisoners to six months imprisonment with hard labor. The Court then adjourned.

Further Reading

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

---