Henry Powell died on 09 December 1854, the result of sabre cuts, gunshot wounds and other injuries inflicted by mounted troopers immediately after the Eureka Stockade battle.
Goldfields Involvement, 1854
The only inquest found was that for Henry Powell who resided at Creswick and was visiting a friend. He was wounded outside the Stockade and died six days later as the result of his injuries. His dying declaration, which was disallowed in the trial of Akehurst, the perpetrator of the deed, states: "I am very unwell but I think I will recover - at least I hope so - On Saturday I came over to Ballaarat for the purpose of visiting Mr. Cox and remaining until Sunday evening. When I arrived at Ballaarat I saw people going about in armed bodies, I came home and changed my trowsers(sic) and went down and looked into the ring. [The stockade] I then went to bed in the tent where I now am, the tent is the property of Mr Cox. About 5 o'clock the next morning, Sunday, I heard the report of a pistol, I got up and went towards the place where the firing was. I had gone about forty yards when the police came up to me, the Clerk of the Peace, a young man about twenty years of age was with them, he said, in the Queen's name you are my prisoner. I said, very good, he struck me a blow and the troopers rode over me, the blow was struck with something like a sheath knife about three feet and a half long." In his deposition George Pobjoy declared that he "saw a trooper fire at a man who was running away. The man fell and four troopers attacked him, thrusting at him with their swords as he lay on the ground." Henry Powell was unarmed and offered no resistance. Dr. Leman's cook, Joseph Ash testified that he heard one trooper shout: "Ride the b...... down." Powell was the only injured miner taken to the Albion Hotel. Of Powell's injuries, Dr. William Wills gave this information in his evidence. " I am a properly qualified medical practitioner. I was called to see the deceased last Sunday morning December 3rd. I found him on the stretcher on which the coffin now is. I examined the body. The first wound I saw was that on the abdomen. The ball entered just near the floating ribs on the right side, it made its exit above and beyond the navel on the left side. The second wound was through the right shoulder from before backwards. A third ball had gone thru the left arm just above the wrist. He had received a severe sabre cut on the left parietal bone indenting the bone. Two other wounds were on his head, one on the frontal bone another on the upper part of the occipital bone, both penetrating to the bone. There was a wound on the left elbow joint penetrating to the humerus and a wound in the finger on the same hand laying open the tendon of the third finger. Deceased made a statement to Captain Evans in my presence. I visited deceased twice a day during the week and dressed his wounds and attended him generally administering all proper medicines." Despite all efforts, Henry Powell died and later at the trial for his murder, the evidence of his dying statement was not permitted and so Akehurst not only walked free but went on to a notable career in the public service.
Post 1854 Experiences
- ... I saw Powell's funeral on Monday afternoon and joined the little company which followed the cart on which, wrapped in an Union-Jack, his coffin was bare. There were not more than six persons in attendance. The people are tired of the painful excitement of the attendance, and are unwilling to leave their employment ...
In The News
- DEPOSITION of HENRY POWELL.— The deceased deposed to the following effect:—
- My name is Henry Powell. I am a digger residing at Creswick's Creek. I left Creswick's Creek about noon on Saturday, December 2nd. I said to my mates "You will get the slabs ready; I will just go over to see Cox and his family at Ballaarat." I arrived at Ballaarat about half-past four or thereabouts. Saw armed men walking about in parties of twenty or thirty. Went to Cox's tent, put on another pair of trousers, and walked down the diggings. Looked into the ring. After that went home. Went to bed in the tent at the back of Cox's tent, about half-past nine. On Sunday morning, about four or half-past, was awoke by the noise of firing. Got up soon after, and walked about twenty yards, when some troopers rode up to me. The foremost one was a young man whom I knew as the Clerk of the Peace. He was a light, fair complexion, with reddish hair. He told me to "Stand, in the Queen's name." "You are my prisoner." I said "Very good, Sir." Up came more troopers. I cannot say how many. Believe about twenty or thirty. I said "Very well, gentlemen, don't be in a hurry, there are plenty of you," and then the young man struck me on the head with a crooked knife, about three feet and a half long, in a sheath.
- I fell to the ground. They then fired at me, and rode over me several times. I never had any hand in the disturbance. There, that's all." 
- BALLARAT (re conduct of troopers at Eureka)
- ... “I saw Powell’s funeral of Monday afternoon and joined the little company which followed the cart on which, wrapped in a Union-Jack, his coffin was born. There were not more than six persons in attendance. The people are tired of the painful excitement of the attendance, and are unwilling to leave their employment... 
- On Saturday, 11th, and Monday, 13th instant, an inquest was held at Ballaarat on the body of Henry Powell, who had been killed by the troopers on the Sunday when the diggers' camp was attacked. The witnesses examined were Dr. Wills, who attended the deceased; William Cox, a digger, in whose tent he had slept the night before; Wm. Cox, jun.; Joseph Ash, Henry Leaker, George Popjoy, all of whom saw him killed ; and Arthur Purcell Akehurst, one of the accused, Inspector Evans, Sub-Inspector Furnell, and George King, sergeant of police. Dr. Wills said that there were four principal wounds, any one of which would have caused death, besides many other cuts, and that any one of the wounds on the head must have brought him to the ground. From the whole evidence it appeared that on Saturday, 2nd inst., the deceased, Henry Powell, went from Creswick's Creek to Ballaarat, and stopped that night in the tent adjoining that of William Cox, who had known him for two years, and had been a mate of his for about seventeen months. About a quarter of an hour after the firing had commenced, deceased went into the tent of Cox, and asked him to get up and see what was going on, and then went out. About four or five minutes after Cox heard a man praying for his life; he got up, and about eighty or a hundred yards from the tent he saw six or eight troopers galloping about, and cutting and thrusting at a man with their swords, who rolled over and over for a distance of twenty yards, and was repeatedly trampled on by the horses; they fired upwards of twenty shots at this man; he then heard another man praying to have his life spared, and saw the troopers fire at and slash this man with their swords repeatedly; this latter individual he found to be Henry Powell. Two other witnesses, [Joseph Ash] and George Popjoy, saw the troopers cut and fire at Henry Powell, and were certain that it was the deceased, as they had assisted to remove him to the Albion Hotel, where he died. George Cox, jun., with whom Powell slept, knew that Powell had been in no way mixed up with the disturbances, and had no arms or weapons whatever. After he was wounded Powell told the younger Cox repeatedly that it was Akehurst, clerk of the bench, that had cut him down; on one occasion he said " Do you know Akehurst, the man that attends to the oaths in the police court, he struck the blow with the sabre;" and on another occasion he said that one of of them as the last ball was fired, said, " There, that slews you." Powell had frequently been with the younger Cox at the police court. Dr. Wills likewise stated that at different times Powell had told him that the party of troopers was headed by a young man about twenty-one years of age, of light complexion, and whom he knew as clerk of the bench, as be always sat in front of the magistrates; by him he had been told to "stand," and he answered "very good;" this man then cut at him and the troopers rode over him repeatedly and fired at him. Dr. Wills was present when Powell's deposition was taken by Inspector Evans; he gave his evidence perfectly clear, and was quite sensible just before he expired. Inspector Evans went at the request of a friend of Powell's, in his capacity as magistrate, to take down his statement; at times he was delirious, and at times sensible ; his deposition was taken during his lucid intervals ; he could not take down any more as Powell became delirious, rallied for a moment from a stimulant given by the medical man, and soon after expired; the doctor told him that he was delirious. Powell's dying statement was as follows :-" My name is Henry Powell. I am a 
Corfield, J.,Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
- VPRS 30 Unit 40 Powell, Trial Brief Akehurst & Cox
- Mount Alexander Mail, 22 December 1854.
- Argus, 15 December 1854.
- Mount Alexander Mail.22 December 1854.
- Maitland Mercury and Hunter River General Advertiser, 23 December 1854.