Treason Trials

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Release of Treason Trial Prisoners, Melbourne, 1855,


Thirteen men were tried at the Eureka Treason Trials in Melbourne from 22 February to 27 March 1855.[1]


Those who stood trial for High Treason were:

James Beattie who was about to be executed at the stockade by trooper Rivell when Sergeant Riley heard his calls for mercy and took him prisoner; [2]

James Campbell a black man from Kingston, Jamaica; [3]

Raffaello Carboni, an Italian who had been involved in the 1848 revolutions in Europe and an anarchist sympathiser who wrote one of the most important books about the Eureka rebellion in 1855, The Eureka Stockade: The Consequences Of Some Pirates Wanting On Quarter-Deck A Rebellion; [4]

Thomas Dignum, born in Sydney [5]

Timothy Hayes, Chairman of the Ballarat Reform League; [6]

John Joseph, a black American who is credited with firing the shot that eventually killed Captain Henry Wise, [7]

John Manning, a Ballarat Times journalist originally from Ireland, [8]

John Phelan, a friend and business partner of the elected leader of the Eureka rebellion Peter Lalor who came out from Ireland as a young man;[9]

Henry Reid a stockader who stood his ground and fired repeatedly at the military advance on the stockade;[10]

Jacob Sorenson, a Jew; [11]

Michael Tuohy a survivor of the Irish potato famine who immigrated to Melbourne at the age of 19 in 1849; [12]

Jan Vennik from Holland, [13]


At the State Treason Trials Sub-Inspector of Police, Charles Carter, responded to questions from the Attorney General in relation to the site of the Eureka Stockade:

'Was it on the brow of the hill? Yes.
Did it enclose the brow of the hill? Yes.
And the ground fell from it? On the side we attacked it did.'[14]

Commissioner Gilbert Amos of the Eureka Camp answered the Attorney General's questions thus:

'How was the ground placed; was it on the summit of a hill, in a valley, or how? It was rather in a hollow; it sloped slightly down into a hollow.'[15]

Old Melbourne Gaol

The thirteen were transferred to the Old Melbourne Gaol from Bacchus Marsh lockup on Wednesday the 7th of December 1854. They were held in the most vile conditions, fed barely anything and were repeatedly stripped naked and searched. [John Price] the Inspector of Victoria's prison system and the man who made life so difficult for the prisoners was murdered by a group of convicts three years later in 1857 and some people say "God doesn't exist".

In the News

STATE TRIALS. Friday, Feb. 23, 1855. (Before his Honor the Chief Justice.) His Honor took his seat at the usual hour, and the names of the jury (who had been locked up during the night) having been called over, the Attorney-General called as a witness for the prosecution Patrick O'Keefe. Patrick O'Keefe, sworn.—I am a private of the 40th, and was at the camp at Ballarat on Sunday, the 3rd, I remember coming to the stockade; I went inside, and when there I saw the prisoner, and saw him discharge one barrel of a double-barrelled piece which he held in his hand; he was about six yards from me, and inside of the stockade.; he fired in the direction of me and Captain Wise; Captain Wise was alongside of me at the time the piece was discharged; after prisoner had given fire, he dropped the piece, took up a pike and went towards a tent within the stockade; I afterwards saw him in custody outside of the stockade, in charge of one of the escort. Cross-examined by Mr Chapman.—I never saw the prisoner before; I could never be mistaken; this was after he was bronght in in custody; I belong to the 40th regiment; Captain Wise also belongs to the same regiment; there was a great deal of firing; there were men fell in and around Captain Wise before and after prisoner fired; there were others standing near the prisoner when he fired; they also were firing in the direction of my company; ...; I could see distinctly what was going on. John Donnelly, sworn—I belong to the 40th; I was one who attacked the stockade on the 3rd December; I know the prisoner, and saw him with a double-barrelled gun in his hand within the stockade; I was distant 50 yards; I did not see prisoner do anything with the gun; I am sure the prisoner was the man. By Mr Chapman — It was early in the morn- ing this took place; I could see the prisoner constantly; we were all fighting together; in the heat of the battle I distinctly recollect the prisoner; I am positive he is the man, though my conviction may affect the life of the prisoner. Sergeant Harris, sworn—I am sergeant of the 40th, and was at Ballaarat in beginning of Dec.; I formed one of the storming company attacking the stockade; the camp was fortified as well as we possibly could; from the Camp I could see what appeared to me men drilling in the stockade; I observed the men formed in companies, they had a flag, the southern cross, and this flag was flying when we attacked the stockade; it was light enough to enable us to see what we were about. I saw the prisoner in the stockade with fire arms in his hands; I did not see him fire. By Mr Chapman—The camp is distant about three-quarters of a mile from Bakery Hill, where the drilling took place; I did not use a glass to observe them; it is usual to fly flags on the diggings; I have seen this flag before at a public meeting; it is a common practice to hoist flags on the diggings; I was at the Camp in November, a few days before the disturbance took place; it was the break of day when we reached the stockade, and sufficient light to recognise individuals; they kept their features concealed as much as possible whilst we were marching up to the attack. Gilbert Andrew Amos sworn—In November last I was Commissioner at the Eureka Camp; it was about 2¼ miles from the Camp at Ballarat; Bakery Hill is distant about ¾ of a mile from the Ballarat Camp; the plan produced is a correct description of the Camp, and features of the country. (Witness here was requested to mark out the position of Bakery Hill, and Eureka Camp, and the rounte the soldiers took when marching to the attack.) Mr Chapman submitted that if the plan is submitted as evidence, stricter proof of its ac- curacy should be given, and not rely upon the mere jotting down by pencil of this or that position by any witness who may be required to point out the localities mentioned in the examination.
Unknown maker (Australia), The flag of the Southern Cross (Eureka Flag), 1854, wool, cotton.
Art Gallery of Ballarat Collection. Gift of the King family, 2001
His Honor submitted that it was only a means of defining more accurately than mere verbal evidence could do, the particular position of the attacking and attacked forces. Examination continued—The stockade was much stronger than represented in the plan; I see no carts in the plan, though several carts were used in forming the barricade; on the Saturday I was taken prisoner at the Eureka Government Camp by the rioters, numbering 100 men and 3 officers; they were drilled and evidently understood the drill perfectly well; they were taught to secure firelocks against the weather, a manœuvre not frequently taught to young recruits, and it coming on to rain I noticed they secured firelocks; I was captured by a man named Ross, mounted on a horse, who rode up to me, and said he was ordered to take me prisoner; he was accompanied by about twenty men; they came up armed, and amused themselves with cocking and uncocking in my face by way of intimidation; I told them if they wished to frighten me they had succeeded, for I thought one of their pieces might go off by accident: I then said, "Where do you wish me to go?" he replied, "To our camp," pointing to a camp with a blue flag flying over the centre. (The horse Ross, or Captain Ross as he was called, role, had been stolen from our camp a day or two before.) I said I would go, and went; I warned him of the consequences of his conduct; I was taken half way towards the camp; when I got half way towards the camp, another mounted man galloped up from the camp to meet Captain Ross's detachment, who said, "We do not wish Mr Arnold to be taken prisoner—we do not wish to have any prisoners;" I enquired whether he or Ross was the senior officer; Ross replied that was the colonel; I then turned on my heel and walked away; it was on the Friday I saw them drilling repeatedly about Bakery Hill; the Southern Cross was flying on the Bakery Hill on that morning, but on the evening of the same day the flag was moved to the Eureka. (The witness here described the nature and construction of the stockade, apparently a very formidable one, so strong indeed that no cavalry could force it, as their best horses refused the charge during the attack; it was only about four feet high from the ground.) Examination continued—There were about 14 or 15 tents within the stockade; Ross died two days after, from a gun shot wound received in the stockade; it was just down when we reached the stockade and there was sufficient light to distinguish features: all operations were suspended the three preceeding days by the operation and intimidation of these armed bodies, amongst the diggers; a store kept by one Morrison in the rear of the camp was entered twice by bodies of armed men on the 2nd of December; on the arrival of a third party, I remonstrated when they asked me to stand aside, one of them went into the store, when he brought out a bag of bread and gave in return an order on the commander in chief of the united forces; I am not aware that throughout the whole of the Ballarat camp any mining operations were going on ; we left the Ballarat Camp about 3 o'clock, accompanied by soldiers and police, taking the direction of the Black Hill, then striking off towards the Eureka Camp, making towards the stockade as we thought unobserved; but the videttes and sentries of the enemy warned the stockade of our approach, guns being fired repeatedly during our advance, and we were met before we reached the stockade by a volley of musketry, which knocked over some of our men. By Mr Chapman—When I accompanied the troops to the stockade, I was armed; I went as a magistrate; I did not volunteer; I pointed out the country to the attacking party; I do not know who the colonel in command of the enemy was; I do not know anything of M'Gill; I do not know anything of the Rangers; there was a search for licenses on Thursday, the 30th November; these searches are generally carried out by a number of police; the search for licenses, on this particular day, was made by a large body of mounted or footsoldier; they were armed with sabre, firelock, and pistols; on the Wednesday a number of placards were posted all round the diggings; and there was burning of licenses. The Thursday raid might have been the result of the placards and burning of the licenses. I have something to do with the search for licenses at the Eureka. I dare say there are instances where a man has been applied to more than once during the day for his license. When he left the camp for the stockade, it was about three o'clock; it was then dark. When the first volley was fired, there was sufficient light to take an aim; I was distant about 60 yards from the stockade with the mounted troopers; the party firing was, I think, still more distant ; I could see, but not distinguish, faces; I cannot say whether any firing occurred after we had got into the stockade; there was firing, but it was owing to a number of loaded guns, placed in a guard tent, going off through the heat, which the burning of the tent engendered; I could not say there was any other firing going on; I think not; I was nearly shot by one of the guns from the gold tent accidentally going off; I have been about two years in the Gold Commission; I have never held office before under the Government;I have not been in office in Sydney; I held office as commander of the Private Escort between the Ovens and Sydney; I left it of my own account; the correspondence that was the cause of my leaving the company, is in the Colonial Secretary's office; I was not dismissed from the Escort Company; the reason this correspondence found its way into the Colonial Secretary's office here was to ascertain my fitness for an appointment. I have heard of a man named M'Gill, not General M'Gill; I think, every thing put together, that it was M'Gill; I know he is now on the diggings, in fact, I knorw he is, for he returned thanks the other day on behalf of the American army. Hackett—I am a police magistrate, and was at the Camp at Ballarat on the 3rd December, I saw a meeting held at Bakery Hill on the 29th November; I was in the Camp at that time; on the subsequent days. I saw a deal of rioting from the Camp; on Friday, I saw bodies of men, apparently drilling, armed; I accompanied the party that advanced towards the stockade in my capacity as magistrate; I did not do any thing in my capacity of magistrate, for they did not permit me, a volley from the stockade drove the Riot Act out of my head; I believe one of the military was knocked down by the volley; some few parties were working at their occupation on the Friday, but they were afterwards suspended by an armed party from the stockade; the suspension of work by the miners covered a very large surface, all the chief diggers in fact. Examined by Chapman—The police made their excursion on the Thursday, by order of the Resident Commissioner; it is at the option of the Resident Commissioner to order the police to go in search of the licenses. George Webster—I was lately in the service of the Government; I attended a meeting on the 20th on Bakery Hill; it was presided over by Mr Hayes; at the meeting a resolution was passed that licenses should be destroyed and not renew them; Raphaello then tore up his, and with a great many others set them on fire; most of the diggers were prevented from working by armed parties; I accompanied the attacking party to the Eureka Stockade; the command was under Captain Thomas; when within 150 yards from the stockade (the sun shining on our faces enabled the enemy to see us before we observed them); a shot was fired from the stockade, then a volley, and the firing became general; Captain Wise led the storming party, and was in the act of mounting the stockade when he fell; when the stockade was captured, Captain Thomas reformed his party, and with the prisoners took their way to the camp. Examined by Mr Chapman : It took about ten minutes to collect the prisoners; they numbered about 125. Thomas Allen: I kept the Waterloo Coffeehouse and store on the Eureka; I returned from Melbourne to Eureka on the Saturday; I saw bodies of men go through their evolutions, like an awkward squad, armed with pikes and guns; the commander of the pike squad put them through their evolutions, instructing them how to receive cavalry, and in short drilling them in proper military style; they asked me to join them. knowing I was an old Waterloo man, were anxious for me to drill them; when they asked me to join they thrust a pike into my hand but I refused the d—d ugly weapon; I afterwards asked them what bounty they would give; I said £50 was little enough for a Waterloo man; I afterwards refused to have any thing to do with them, when they made me a prisoner and marched me to my tent; accompanied by three men armed with pikes; my tent was in the stockade, the stockade being built round the tents; my store had been on that ground for some months; my tent was set fire to with others by the police, and out of £200 worth of property I only saved £11 10. The witnesses, Peter Hoggerty, Goodenough, being called upon to identify prisoner Raphello, as the individual whose name was mentioned during the proceedings of yesterday, as associated with Joseph.
The case for the Crown concluded. Mr. Chapman took objection to the indictment. 1st. That an overt act ought to have been set out, and was necessary to validate the first count. 2nd. That the indictment charging prisoner with high treason is by law reducible to felony, and that consequently, there was no evidence to go to the jury on the third and fourth counts. His Honor overruled the first objection, but the second being of a graver character, though his Honor's opinion was against Mr. Chapman, he consented to reserve. The Court then adjourned till 2 o'clock, when Mr Chapman will proceed to address the jury. BY ELECTRIC TELEGRAPH. The CHIEF JUSTICE'S charge to the jury closed at a quarter to five, when the jury retired to consider their verdict. At a quarter to six they returned into court and returned a verdict of NOT GUILY. LOUD APPLAUSE FOLLOWED THE ANNOUNCEMENT OF THE VERDICT. Two of the noisiest were selected for the vengeance of the court and sentenced to seven days' imprisonment in Melbourne jail. The prisoner Joseph was discharged. [16]

James Beattie, John Fenwick, Josephs, and Raphaello, were placed at the bar. Beattie has rather a feeble and timid expression, and very unlike one's idea of a rebel. Fenwick is apparently a Dane, has a sailor-like look, and appears strong and active. Josephs is a negro, a very tall and powerful man, but with a stupid and vacant expression of countenance. Raphaello is an Italian, of middle age, of spare but vigorous form. His hair and beard are thin, and of a red color. He has black eyes, and an earnest, enthusiastic manner. He was secretary to Mazzini when Rome was captured, and bears the traces of several wounds.
H. Goodenough, a trooper, saw Beattie offer himself as a volunteer at the meeting at Bakery Hill, on Thursday, the 30th ult. He was drilled, then marched with the others to Eureka, and was drilled there that day and the next. On Sunday, the 3rd December, Beattie was arrested by him, at the London Hotel, about one hundred yards from the stockade. Prisoner had no arms when drilled nor when arrested. Many of the volunteers were armed. Fenwick was among the volunteers. Raphaello was captain of a company of about twenty-five, armed with swords and knives. He commanded his company with a sword by his side, and on Thursday a way was opened for them up to the platform where Raphaello made a speech. He said— "Gentlemen soldiers, those that cannot provide themselves with firearms, let them provide themselves with a piece of steel, if it is only six inches long, attached to a pole, and that will pierce the tyrant's heart." He marched his men to Eureka, and drilled them there on that and the following day. In answer to Raphaello, witness said that prisoner's company were more than one-half foreigners, apparently Germans and French.
In answer to the Bench witness stated that the origin of the Wednesday meeting was the return from Melbourne of a deputation to the Governor, and repeated the words used by Hayes and others.
Thomas Atkins, constable, saw one hundred and fifty men being drilled at Eureka on Friday last.
Beattie was in the ranks. Saw Raphaello, mounted, and with a party capturing horses, and giving them over to another party. Was threatened by the party and withdrew.
Patrick Reilly, sergeant in the mounted 40th, saw Beattie on the Sunday morning standing with his back to the stockade and crying for mercy. Took him prisoner and brought him round to the rest of the prisoners. The firing had just ceased.
William Rivel, of the mounted force of the 40th, saw Beattie come over the wall of the stockade, before the firing had quite ceased. After the soldier ceased firing, several shots were discharged at them from tents. Beattie had a large horse-pistol in his hand as he climbed the stockade. When he saw the troops without, he dropped the pistol inside the stockade, and either fell or dropped on his knees and cried for mercy, saying he "was beaten and would give in."
Samuel J. Furnell, sub inspector of police, was at the stockade, in command of the mounted police. Some time after the firing had ceased, he saw Fenwick running away at a short distance from the stockade. Cantered after him, and told him he was his prisoner. He endeavored to escape, but being struck and slightly wounded, he yielded.
John King, sergeant of police, saw Beattie and Raphaello taken out of the stockade.
James Goar, private 40th, charged the stockade. Raphaello and two others charged him with pikes as he entered the stockade. He jumped out of the stockade and ran back, pursued by Raphaello till he met the troopers. Raphaello now retreated till he reached the stockade.
Patrick Hynott, a private of the 40th, saw Fenwick in the stockade. He had on a pair of red drawers. He was on the right hand of the tent, armed with a fowling piece. He was very busy. Afterwards saw him a prisoner in the Camp. Saw Josephs with a pike in his hand looking over the stockade at the time. Witness fired at him when he saw him. An order was given to fix bayonets and troops charged. Josephs was taken prisoner by Captain Carter and a constable. Saw Raphaello pursuing the last witness. He was armed, but is not certain as to the weapon, as he only saw the handle.
Daniel Hagherty is a sergeant of the 40th. Identifies Fenwick. Was one of the skirmishers on the 3rd. The troops halted about twenty paces from the stockade, and extended from the right. The 12th were extended from the right of the 40th. The troops advanced a little when the firing began, and received a good many shots, which they did not return until the bugle sounded. We fired and then charged. Several of the 40th were shot Captain Wise fell at this time. Some of our men under Captain Thomas went into the stockade. When the firing slackened a little, Captain Thomas ordered the troops outside. Came out and remained outside the stockade. Fenwick was brought out bleeding at the time, and was put with the other prisoners. Took the principal charge of the prisoners. Josephs resisted the soldiers who had taken him. Raphaello was brought out of the stockade a prisoner. Does not know who took him. Saw Fenwick brought out with a lot of prisoners, but did not see him arrested. Saw Josephs resisting the two soldiers who had him in charge. Told them to push him on with the remainder of the prisoners.
Andrew Peters, a constable at Ballaarat, saw Raphaello drilling men on the Bakery Hill. Josephs was in the ranks, armed. Raphaello had about twenty men in the ranks. This was on the evening of the second day after the meeting. Raphaello was armed. Never saw him but once. Was not present at the stockade on the morning of the 3rd. On the evening after the meeting, Raphaello was armed with a pistol or revolver.
Cross-examined by Raphaello: Saw him with 20 or 30 men. They were chiefly foreigners.
John Badcock, a constable at Ballaarat, was present at the Eureka Stockade on Sunday morning when it was charged. Jumped over the stockade. Saw Raphaello going round the corner of a tent. Presented his firelock at him, but it missed fire. did not see him again until he was a priosner. He was armed with something like a pike. Saw Josephs and Beattie prisoners outside the stockade at about twenty paces from it.
John Donolly, a private of the 40th: Saw Josephs with a double-barrelled piece in his hand outside the stockade. Saw Raphaello inside the stockade armed with some weapon. This morning the court sat at half-past nine.
The case of Beattie, Fenwick, Josephs, and Raphaello, was resumed.
Mr. Dunne stated that he appeared for Raphaello.
Thomas Milne deposed: That he was a sergeant of police at Ballaarat. Was in the stockade on the morning of the 3rd. Was at the large slab tent after the firing had ceased. The slab tent was inside the stockade. Saw a number of men running towards where the soldiers were stationed. Saw the prisoners Raphaello and Josephs in custody. They were unarmed. Never saw any of the prisoners previously.
Cross-exmained by Mr. Dunne: Has been here stationed about four months.
Patrick O'Keefe, a private of the 40th, was present at the attack on Eureka. saw Josephs there. He fired on us. Saw him afterwards with a pike running towards the tent, and again in custody outside the stockade. Cannot identify any of the other prisoners.
By the Bench: he fired towards where Captain Wise was stationed and some of the soldiers. Atthat time Captain Wise fell.
George Fraser, constable, was at the attack. Saw Josephs and Raphaello when in the stockade. Josephs was in custody. Was ordered to join guard to secure the prisoners. Saw Raphaello brought out from the direction of the stockade in the custody of two men.
Cross-examined: Have been stationed here and in the force about twelve months.
Inspector Evans, in reply to a question from the Bench, stated that he had evidence to produce with regard to the meetings on Bakery Hill.
Charles Jeffreys Carter: Was in charge of the foot police. Took Josephs out of the tent called the guard-room, while the firing was going on. Did not see any of the other prisoners. Called out to any that weer alive in the tent to give themselves up. There were two there. One of them said "For God's sake don't fire on us; we will surrender." He was unarmed. I saw many arms in the guard-tent, which is inside the stockade, as well as many dead and wounded.
This was the case for the Crown.
Mr Dunne submitted that there was no case against Beattie, but the Bench overruled the objection, and committed the prisoners to take their trial for high treason.
Nicholas Edwards, Joseph Gray, Francis Kent, Henry Trynon, Henry Bazley, Thomas Bisk, George Davidson, Richard Humphreys, Charles Adams, John Delamere, Henry Robilliard, Nicholas Allaire, Peter Priaulx, Isaac Hinds, Joseph Hindon, Andrew White, Joseph Macknon, Charles Brown, and Thomas Barry, were discharged, there being no evidence against them.
Mr. Dunne appeared for the following prisoners who were likewise discharged, there being not sufficient evidence against them to warrant a committal:—
Patrick Gilhooly, Walter Ryley, John Powell, Joseph Penrose, Robert Winkfield, Dugald Magennis, John Quin, Edmund Burn, Wm. James Steer, Arthur Smith, Kennedy O'Brien, Martin Kinnear, Matthew Orr, Alexander Ross, Robert Leslie, George Thompson, Martin Ryan, Thomas Box, Thomas Ferdinand Tighe, and John Cahill.
John Manning, reporter of the Ballaarat Times, was next arraigned.
Mr. Dunne appeared for the prisoner.
Inspector Carter saw Manning on Sunday morning in the tent called the guard-room. It was within the stockade. I arrested the prisoner and handed him over to the 40th. The firing had not ceased. The tent was full of arms. He was one of the two taken out of the tent.
Daniel Higgarty, a sergeant of the 40th, was in the engagement at the stockade. Saw Manning brought out of the stockade under the charge of Lieutenant Richards, 40th.
Cross-examined: Manning was in custody when he saw him.
Thomas Barr, district surveyor, was present at several meetings. Was on Bakery Hill at the meeting on Wednesday 29th November. The object of this meeting was to raise subscriptions for organising a large force, and to defray the expenses of delegates to the different diggings. Heard Black, Lawlor (sic), Vern, Kennedy, and some others speak at the meeting.
Mr. Dunne submitted this was not evidence, as the prisoner was not alleged to have been present.
The Bench ruled that the evidence must be received.
Examination resumed: Did not recognise the prisoner there.
William Dalgliesh: I was at a meeting on Bakery Hill on the 30th ultimo. Recognised the prisoner as one of a party of about twenty being drilled armed with pikes. Does not know who commanded them. Saw the prisoner the next time in custody. Did not see him in the stockade.
[A portion of the copy appears to have miscarried and this examination is incomplete.]
Four men — Pohill, Bryant, Rodan, and Ferguson — were brought up.
John Gillman, sergeant mounted police, was at the attack at the Eureka. Saw Bryant about 100 yards from the stockade; was called to the seize him. Did so when he was running from the stockade. He had no arms, but was running to hide himself behind a chimney.
Mr. Hackett, Stipendiary Magistrate for the District : Received on Sunday morning a message from Captain Thomas requesting him to accompany the troops and police on an expedition. He did so. They advanced in the direction of the Eureka. As they approached the position of the entrenchment, he was told that it was quite near. To night being very dark, he lay down, and saw a flag flapping. One shot, and then a volley, shewed where they were. The bugle sounded, which he believes is the signal for the troops to fire. After ten or twelve minutes the troops went into the stockade. Identifies Pohill, Bryant, and Ferguson. Cannot say when they were taken. Has been informed that Ferguson can bring evidence to account for his being found where he was. Dr. Kenworthy and another American gentleman can account for his being there.
The Bench advised Ferguson to lose no time in procuring the evidence of these gentlemen.
Bryant asked Mr. Hackett if he knew him?
Mr. Hackett said he did, and his feeling was surprise to see him where he was.
Bryant called the attention of the Bench to a cut on his head, and stated that it was the cause of his being where he was. The wound had been inflicted by a trooper because he could not move fast enough and then he arrived at the Camp he was detained because he was bloody.
Sub Inspector Cossac saw Rodan inside the stockade, attempting to crawl out. He called to him to surrender, and he did so. There were arms lying about.
John Mordan White, trooper, saw Rodan in the stockade, at a corner between two tents. There was a passage out on the left and a dray on the right. The prisoner was under the dray. Many arms lying about.
Cross-examined: Prisoner had been wounded in the left shoulder, though slightly.
William Murrell, corporal of the 40th, was at the Eureka on the 3rd. Saw Ferguson twenty years inside the stockade, and ordered him to join the other prisoners.
George Byford, private 40th, recognises Ferguson. Saw him inside the stockade. He had no arms. Saw him run from one tent to another.
Henry Perry, private mounted 40th, recognises Bryant. Saw him jump over the stockade. He had a pike, and struck at witness.
For Rodan, in defence, George Anderson, who had lived two years near the Eureka, deposed that Rodan was his mate, and was in the tent at ten o'clock on Saturday night; that they ordered Rodan out saying, "If you don't come we will shoot you." Witness had concealed himself between the tent and the lining, or he is sure he also would have been compelled to go. Had incurred odium by not attending the meetings. Had been attacked on Friday night by three men, knocked down and called a "trap."
Rodan assured the Bench that he had been forced away unarmed.
Ferguson described himself as having been seized on his way to visit a friend, and detained by the rioters against his will.
The Bench decided on remanding Bryant till next day, in order that he might produce the witnesses he spoke of. The other prisoners were discharged, with an admonition to some of them for allowing the stockade to be erected so near them without giving information to the authorities and seeking their protection.
A public meeting of the inhabitants of the township was held this afternoon, at which a committee was appointed to draw up a memorial to the Lieutenant Governor. The committee met this evening, and adopted a memorial for general subscription, of which I enclose a copy.
To His Excellency Sir Charles Hotham, K.C.B.,
Lieut.-Govcrnor of the colony of Victoria.
The memorial of the undersigned merchants,
landholders, storekeepers, and inhabitants of the gold-fields at Ballaarat,
Humbly sheweth —
That your memorialists view with extreme regret the late disturbances on these gold-fields, arising from causes on which they do not feel called upon to express an opinion.
Reposing the utmost confidence in your Excellency, they earnestly urge the necessity that exists for your Excellency's presence on these mines, and humbly, yet earnestly, pray your clemency, and the issue of an amnesty in favor of those individuals who have taken a part in the late lamentable disturbances.
That your memorialists desire to express their loyalty towards Her Majesty, and pledge them- selves to support your Excellency in the maintenance of order.
Your memorialists would respectfully draw your Excellency's attention to the benefits that would arise by the issue of an amnesty, in restoring confidence, and in the return to their occupations of hundreds who have left this district from various causes connected with the late disturbances.
And your memorialists as in duty bound will ever pray.
11 P.M.
A slight alarm was created a short time ago by a gun fired in the proximity of the Camp. All were instantly on the alert. Sounds of preparation were heard all over the Camp, and the frequent challenge of sentries. Two troopers galloped southward along the road, and one of them soon re turned with a prisoner in charge, but whether or not he had anything to do with the suspicions shot, or it had any omen of danger to the authorities, it is equally impossible as yet to tell.
A reward of £500 is offered for "the body, dead or alive, of Frederick Vern, sometimes called Colonel Vern."
The Right Rev. Dr. Goold, Roman Catholic Bishop of Melbourne, arrived at Ballaarat this evening.[17]

Other Sites

Eureka Treason Trial Map - [1]


  1., sighted 07 May 2013.
  2., sighted 07 May 2013.
  3., sighted 07 May 2013.
  4., sighted 07 May 2013.
  5., sighted 07 May 2013.
  6., sighted 07 May 2013;
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  8., sighted 07 May 2013;
  9., sighted 07 May 2013.
  10., sighted 07 May 2013.
  11., sighted 07 May 2013.
  12., sighted 07 May 2013.
  13., sighted 07 May 2013.
  14. Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.
  15. Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.
  16. Geelong Advertiser, 24 February 1855.
  17. The Argus, 11 December 1854.