http://www.eurekapedia.org/api.php?action=feedcontributions&user=DWickham&feedformat=atomeurekapedia - User contributions [en]2024-03-28T11:53:04ZUser contributionsMediaWiki 1.30.1http://www.eurekapedia.org/index.php?title=Thomas_Trembath&diff=26531Thomas Trembath2020-08-20T10:11:34Z<p>DWickham: /* Background */</p>
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<div>[[File:St Just Cornwall wiki.jpg|500px|thumb|right|''St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
[[File:Boscaswell St Just wiki.jpg|500px|thumb|right|''Boscaswell, near St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
==Background==<br />
<br />
Thomas Trembath was born at St Just, Cornwall, [[England]].<ref>https://www.findagrave.com/memorial/179358525/thomas-trembath, accessed 03 May 2019.</ref> The Trembath family migrated to South Australia and worked for a time at the Burra Burra copper mines. They arrived in Ballarat about 1852. He remained in Ballarat until 1866 when he married Johanna Warren and went to Clunes to farm. He died at [[Clunes]] on 10 December 1899 and is buried in the [[Clunes Cemetery]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Goldfields Involvement, 1854==<br />
<br />
Thomas was seventeen at the time of the [[Eureka Stockade]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Post 1854 Experiences==<br />
<br />
== Family ==<br />
<br />
Thomas Trembath married Johanna Warren in 1866. She was born at St Just, Cornwall on 18 August 1839, and died on 07 July 1915, aged 75.<ref>https://www.findagrave.com/memorial/179420129/johanna-trembath, accessed 03 May 2019.</ref> There children are:<br />
<br />
1. Samuel Trembath (1868–1869)<br />
<br />
2. Samuel Trembath (1869–1923)<br />
<br />
3. Margaret Ann Trembath (1872–1876)<br />
<br />
4. John Stephen Trembath (1873–1876)<br />
<br />
5. Edwin Trembath (1875–1907)<br />
<br />
6. Richard Trembath (1878–1878)<br />
<br />
==See also==<br />
<br />
==Further Reading==<br />
<br />
Corfield, J., Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----<br />
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[[File:File name.jpg|500px|thumb|right|''Caption,'' Reference.]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Thomas_Trembath&diff=26530Thomas Trembath2020-08-20T10:11:17Z<p>DWickham: </p>
<hr />
<div>[[File:St Just Cornwall wiki.jpg|500px|thumb|right|''St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
[[File:Boscaswell St Just wiki.jpg|500px|thumb|right|''Boscaswell, near St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
==Background==<br />
<br />
Trembath was born at St Just, Cornwall, [[England]].<ref>https://www.findagrave.com/memorial/179358525/thomas-trembath, accessed 03 May 2019.</ref> The Trembath family migrated to South Australia and worked for a time at the Burra Burra copper mines. They arrived in Ballarat about 1852. He remained in Ballarat until 1866 when he married Johanna Warren and went to Clunes to farm. He died at [[Clunes]] on 10 December 1899 and is buried in the [[Clunes Cemetery]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Goldfields Involvement, 1854==<br />
<br />
Thomas was seventeen at the time of the [[Eureka Stockade]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Post 1854 Experiences==<br />
<br />
== Family ==<br />
<br />
Thomas Trembath married Johanna Warren in 1866. She was born at St Just, Cornwall on 18 August 1839, and died on 07 July 1915, aged 75.<ref>https://www.findagrave.com/memorial/179420129/johanna-trembath, accessed 03 May 2019.</ref> There children are:<br />
<br />
1. Samuel Trembath (1868–1869)<br />
<br />
2. Samuel Trembath (1869–1923)<br />
<br />
3. Margaret Ann Trembath (1872–1876)<br />
<br />
4. John Stephen Trembath (1873–1876)<br />
<br />
5. Edwin Trembath (1875–1907)<br />
<br />
6. Richard Trembath (1878–1878)<br />
<br />
==See also==<br />
<br />
==Further Reading==<br />
<br />
Corfield, J., Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----<br />
<br />
<br />
[[File:File name.jpg|500px|thumb|right|''Caption,'' Reference.]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Thomas_Trembath&diff=26529Thomas Trembath2020-08-20T10:10:50Z<p>DWickham: </p>
<hr />
<div>==Background==<br />
<br />
[[File:St Just Cornwall wiki.jpg|500px|thumb|right|''St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
[[File:Boscaswell St Just wiki.jpg|500px|thumb|right|''Boscaswell, near St Just, Cornwall,'' 2016. Ballarat Heritage Services Picture Collection]]<br />
<br />
Trembath was born at St Just, Cornwall, [[England]].<ref>https://www.findagrave.com/memorial/179358525/thomas-trembath, accessed 03 May 2019.</ref> The Trembath family migrated to South Australia and worked for a time at the Burra Burra copper mines. They arrived in Ballarat about 1852. He remained in Ballarat until 1866 when he married Johanna Warren and went to Clunes to farm. He died at [[Clunes]] on 10 December 1899 and is buried in the [[Clunes Cemetery]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Goldfields Involvement, 1854==<br />
<br />
Thomas was seventeen at the time of the [[Eureka Stockade]].<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
==Post 1854 Experiences==<br />
<br />
== Family ==<br />
<br />
Thomas Trembath married Johanna Warren in 1866. She was born at St Just, Cornwall on 18 August 1839, and died on 07 July 1915, aged 75.<ref>https://www.findagrave.com/memorial/179420129/johanna-trembath, accessed 03 May 2019.</ref> There children are:<br />
<br />
1. Samuel Trembath (1868–1869)<br />
<br />
2. Samuel Trembath (1869–1923)<br />
<br />
3. Margaret Ann Trembath (1872–1876)<br />
<br />
4. John Stephen Trembath (1873–1876)<br />
<br />
5. Edwin Trembath (1875–1907)<br />
<br />
6. Richard Trembath (1878–1878)<br />
<br />
==See also==<br />
<br />
==Further Reading==<br />
<br />
Corfield, J., Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----<br />
<br />
<br />
[[File:File name.jpg|500px|thumb|right|''Caption,'' Reference.]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Prisoners_and_Trials&diff=26354Prisoners and Trials2020-08-11T05:04:20Z<p>DWickham: </p>
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<div>[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== Burning of Bentley's Hotel ==<br />
After the burning of [[James Bentley]]'s [[Eureka Hotel]] [[Andrew McIntyre]], [[Thomas Fletcher]] and [[Henry Westerby]] were arrested and sent to trial. Another seven were arrested These were [[John Balderston]], [[Manestra Flatow]], Butler, [[Albert Hurd]], [[George McIntosh]], [[Charles Stewart]] and [[John van Der Byl]].<ref>Email correspondence from B. Gow to Ballarat Heritage Services, 21 December 2003.</ref><br />
<br />
== Bentley's Trial ==<br />
<br />
== Treason Trial Prisoners ==<br />
[[File:Eureka Stockade from Illus Aus News2.jpg|800px|thumb|right|''Release of Treason Trial Prisoners, Melbourne, 1855,'' ]]<br />
Although over one hundred men were arrested, the cases against all but thirteen were dismissed due to lack of evidence. <br />
<br />
Those who stood trial for High Treason were:<br />
<br />
:[[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; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[James Campbell]] a black man from Kingston, [[Jamaica]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[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''; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Thomas Dignum]], born in [[Sydney]] <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Timothy Hayes]], Chairman of the [[Ballarat Reform League]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[John Joseph]], a black American who is credited with firing the shot that eventually killed Captain [[Henry Wise]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[John Manning]], a Ballarat Times journalist originally from [[Ireland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[William Molloy]]<br />
<br />
:[[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;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Henry Reid]] a stockader who stood his ground and fired repeatedly at the military advance on the stockade;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jacob Sorenson]], a Jew; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Michael Tuohy]] a survivor of the Irish potato famine who immigrated to [[Melbourne]] at the age of 19 in 1849; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jan Vennik]] from [[Holland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
== Witnesses ==<br />
<br />
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]]:<br />
:'Was it on the brow of the hill? ''Yes''.<br />
:Did it enclose the brow of the hill? ''Yes''.<br />
:And the ground fell from it? ''On the side we attacked it did''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
<br />
Commissioner Gilbert Amos of the Eureka Camp answered the Attorney General's questions thus:<br />
:'How was the ground placed; was it on the summit of a hill, in a valley, or how? I''t was rather in a hollow; it sloped slightly down into a hollow''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
[[Frank Penhalluriack]]<br />
<br />
Witnesses deposing against [[James Beattie]], [[John Joseph]], [[Raffaello Carboni]] and [[Jan Vennik]] were:<br />
[[Henry Goodenough]], [[Thomas Atkins]], [[Patrick Riley]], [[William Revell]], [[Samuel Furnell]], [[John King]], [[James Gorr]], [[Patrick Lynott]], [[Daniel Haggarty]], [[Andrew Peters]], [[John Badcock]], [[John Donnelly]], [[Thomas Milne]], [[Patrick O'Keefe]], [[George Fraser]]<br />
<br />
<br />
Witnesses deposing against [[Timothy Hayes]] were:<br />
[[Henry Goodenough]], [[Andrew Peters]], [[Hugh King]], [[William Thompson]], [[Thomas Langley]], [[Thomas Richards]], [[Thomas Carruthers]], [[William Fleming]], [[James Ronayn]].<br />
<br />
<br />
Witnesses deposing against [[Charles Carter]],[[ John Manning]], [[Thomas Joseph McKeown]], and [[John Cahill]] were:<br />
[[Henry Goodenough]], [[Patrick O’Keefe]], [[Charles Carter]], [[Patrick Synott]], [[Daniel Haggarty]], [[Andrew Peters]], [[William John Sullivan]], [[Michael Costello]].<br />
<br />
<br />
Witnesses deposing against [[Charles Brown]], [[Thomas Barry]], [[Michael Tuohy]], [[Henry Read]] and [[James Campbell]] were:<br />
[[George King]], [[John King]], [[Samuel Slackwell Furnell]], [[John Dogherty]], [[Michael Lawler]], [[Joseph Penrose]], [[John White]], [[John Penaluna]], [[Eugene Bellairs]], [[James Wearne]], [[James Gaunt]], [[Peter Ellis]], [[John Sullivan]], [[James Clerk]], [[Joseph Raynor]], [[Henry Bedwell]], [[William Richardson]].<br />
<br />
<br />
[[William Revell]] was deposed as a witness for the case of [[Thomas Dignum]] which was later dropped by the Attorney General.<br />
<br />
Witnesses deposing against [[William Molloy]], [[Jacob Sorenson]] and [[Patrick Howard]] were:<br />
[[Edward Viret]], [[George King]], [[Thomas Bradley]], and [[Henry Foster]].<br />
<br />
Witnesses deposing against [[John Phelan]] were:<br />
[[Ladislaus Kossak ]], [[Samuel Furnell]], [[John Culkin]].<br />
<br />
== Compensation Claims ==<br />
<br />
<br />
== Scobie Inquest ==<br />
<br />
<br />
== See Also ==<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Treason Trials]]<br />
<br />
[[Goldfields Commission of Enquiry]]<br />
<br />
<br />
== External Links ==<br />
<br />
http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/the-state-trials<br />
<br />
== References ==<br />
<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26353The Burning of the Eureka Hotel2020-08-11T04:30:53Z<p>DWickham: /* Eye-witnesses */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. Courtesy Art Gallery of Ballarat, <br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Arthur Arnold]]<ref>Wickham, Gervasoni, et al., ''Eureka Reminiscences'', BHS Publishing, 1998.</ref><br />
<br />
[[Martin Gullan]]<ref>Wickham, Gervasoni, et al., ''Eureka Reminiscences'', BHS Publishing, 1998.</ref><br />
<br />
[[Andrew Knight]]<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
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== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
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Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
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== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Martin_Gullan&diff=26352Martin Gullan2020-08-11T04:26:59Z<p>DWickham: /* Goldfields Involvement, 1854 */</p>
<hr />
<div>==Background==<br />
<br />
<br />
==Goldfields Involvement, 1854==<br />
<br />
:A GEELONG REMINISCENCE.<br />
:With the celebration in Ballarat of the Eureka Stockade jubilee (says the "Geelong Advertiser." memories are revived amongst the old colonists of the stirring events of the digging days, and amongst the interesting scraps of information that come from all sources is an episode in which Cr Martin Gullan, of [[Winchelsea]]. figured. The riot at Bentley's hotel, on 17th October, culminating in its destruction by fire was one of the most exciting scenes next to the defence of the stockade itself, and the signal for the rush of miners on the building was the breaking of the Hotel lamp by a boy. The youngster was Martin Gullan then 14 years of age, and very innocently he was led into a deed that fairly sent the miners mad. A burly digger hailed him in front of the hotel with, “Well, my boy, do you think you could break that lamp " Gullan replied, “Yes. if I had a stone." “Here's one, then," said the miner, handing him a lump of quartz, which, after shattering the lamp to fragments, crashed through the window of the bar. In an instant a scene of wild confusion was created, and Mr Gullan has a very clear recollection of the burning of the hotel. He still remembers the harsh treatment meted out to the miners by the officials, and relates incidents where exorbitant fines were imposed for trifling offences.<ref>''Ballarat Courier'', 5 December 1904.</ref><br />
<br />
==Post 1854 Experiences==<br />
<br />
<br />
==See also==<br />
<br />
[[Eureka Hotel]]<br />
<br />
==Further Reading==<br />
<br />
Corfield, J., Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----<br />
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[[File:File name.jpg|500px|thumb|left|''Caption,'' Reference.]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Martin_Gullan&diff=26351Martin Gullan2020-08-11T04:25:28Z<p>DWickham: /* Goldfields Involvement, 1854 */</p>
<hr />
<div>==Background==<br />
<br />
<br />
==Goldfields Involvement, 1854==<br />
<br />
:A GEELONG REMINISCENCE.<br />
:With the celebration in Ballarat of the Eureka Stockade jubilee (says the "Gee long Advertiser." memories are revived amongst the old colonists of the stirring events of the digging days, and amongst the interesting scraps of information that come from all sources is an episode in which Cr Martin Gullan, of Winchelsea. figured. The riot at Bentley's hotel, on 17th October, culminating in its destruc tion by fire was one of tbe most exciting scenes next to the defence of the stockade itself, and the signal for the rush of miners on the building was the breaking of the Hotel lamp by a boy. The youngster was Martin Gullan then 14 years of age, and very innocently he was led into a deed that fairly sent the miners mad. A burly digger hailed him in front of the hotel with, “Well, my boy, do you think you could break that lamp " Gullan replied, “Yes. if I had a stone." “Here's one, then," said the miner, handing him a lump of quartz, which, after shattering the lamp to fragments, crashed through the window of the bar. In an instant a scene of wild confusion was created, and Mr Gullan has a very clear recollection of the burning of the hotel. He still remembers the harsh treatment meted out to the miners by the officials, and relates inci dents where exorbitant fines were imposed for trifling offences.<ref>''Ballarat Courier'', 5 December 1904.</ref><br />
<br />
==Post 1854 Experiences==<br />
<br />
<br />
==See also==<br />
<br />
[[Eureka Hotel]]<br />
<br />
==Further Reading==<br />
<br />
Corfield, J., Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----<br />
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[[File:File name.jpg|500px|thumb|left|''Caption,'' Reference.]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26350The Burning of the Eureka Hotel2020-08-11T04:24:22Z<p>DWickham: /* Eye-witnesses */</p>
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<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. Courtesy Art Gallery of Ballarat, <br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
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[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
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[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
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[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Arthur Arnold]]<br />
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[[Martin Gullan]]<br />
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[[Andrew Knight]]<br />
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== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
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[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
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== Arrests ==<br />
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After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
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== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
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:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
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And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
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[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
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By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
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:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
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<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
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:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Arthur_Arnold&diff=26349Arthur Arnold2020-08-11T04:23:19Z<p>DWickham: </p>
<hr />
<div>[[File:GILL ST - Deep Sinking - 1979.98-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Deep Sinking, Bakery Hill, Ballarat - 1853,'' handcoloured lithograph. <br>Art Gallery of Ballarat, Ronald Wrigley Estate, 1979.]]<br />
==Background==<br />
<br />
Arthur Wellesley Arnold was born in Bristol, [[England]] in 1835. He arrived at [[Port Phillip]] on the clipper [[Try]] on 12 January 1853. <br />
He married Martha Elizabeth Marshall on 3 July 1856 in Ballarat. The marriage took place at St Paul's schoolhouse on [[Bakery Hill]]. Elizabeth Marshall was born c1838 in Bath, Somerset.<br />
Arnold died at [[Echuca]] on 28 June 1911 and was buried at [[Echuca Cemetery]].<ref>Geoffrey Ian McCorriston notes for the Eureka Research Directory</ref><br />
<br />
Arnold participated in theatrical productions at Ballarat and later at Avoca as an actor. He had been performing at the [[Red Hill]] Theatre.<br />
<br />
==Goldfields Involvement, 1854==<br />
[[File:Carboni WEP page67-wiki.jpg|1000px|thumb|right|William E. Pidgeon (WEP), Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, purchased 1994.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]] <br />
Arthur Arnold was at the burning of the [[Eureka Hotel]]. He was lodging at [[Frank Carey]]’s restaurant at the time of the [[Eureka Stockade]]. <br />
<br />
Arnold had been in the [[Eureka Stockade]] on the afternoon of 2 December 1854, and was said to be one of [[James McGill]]’s Revolver Corps. At that time he was a member of the theatrical profession at Mrs [[Sarah Hanmer]]’s Theatre on [[Red Hill]]. He attended to injured and deceased miners after the battle. He was among those who tried to take the pikeman's body away, but each time they removed the [[Pikeman's Dog]] from the cart, it returned to sit with its master.<br />
<br />
==Post 1854 Experiences==<br />
<br />
After Eureka Arnold continued to mine in various places, including Maryborough, Lamplough, Avoca, and Echuca. He continued gold mining mainly in the Avoca / Lamplough area after Eureka. ***He participated in theatrical productions at Ballarat and later Avoca. In 1904 Arnold was living at Avoca, and attended the 50th anniversary celebrations of the Eureka battle. His reminiscences are told in the book Eureka Reminiscences. Arthur and Martha Arnold had twelve children.<br />
<br />
Arthur Arnold and his family lived in [[Avoca]] since 1865. <ref>''Barrier Miner'', 14 July 1906.</ref><br />
<br />
== Reminiscences ==<br />
A.W. Arnold remembers...<br />
<br />
REMINISCENCES OF THE FIGHT<br />
AN OLD-TIME THEATRICAL’S STORY<br />
<br />
Amongst the numerous letters received by the Eureka Stockade Demonstration committee from old-time Stockaders, sympathisers, and eye-witnesses of the fight, is one from Mr A. W. Arnold, who was a member of the theatrical profession at the time of the Stockade, and who is now a resident of Avoca. He tells the story of the fight based upon his own observations, and in his communication regrets that he cannot be present in the flesh, but would be with them in the spirit. Mr Arnold’s narrative reads as follows:–<br />
“In 1854 I was playing in Mrs Hammer’s theatre on the Red Hill, and was lodging at Frank Carey’s restaurant close by. On the Sunday morning the black cook woke us up. There was Harry Jackson, Walter Howson, and myself, as we saw the sun shining on the bayonets of the soldiers on the Melbourne road as they passed towards the Stockade. We dressed and went towards Pennyweight Flat to get up to the Stockade. (We had been there on the previous afternoon, as we were supposed to belong to Jim M’Gill’s revolver corps). As we were going over the flat I heard a single shot fired, followed by the volleys of the troops, after which we saw the diggers firing over the hills towards us. As we were well known we spoke a few words to them, and then we went up to the Stockade, and just as [we] got over the slabs I saw one man lying on his stomach, wounded, kicking and throwing his arms about. A soldier was standing over him, and I saw the latter put his bayonet right through the Stockader’s back, who kicked no more. We were then called upon to help to place the killed and wounded in carts to take them to the camp. I saw Capt Wise carried into a spring-cart, and I assisted to place several - I think six - in the carts. Our white trousers were covered with blood, and I kept mine for years as a memento. Being connected with the theatre we were well known, and so they were glad to make use of us. As we were about to remove the body of one man, his little dog, which was lying on his breast, stoutly resisted us, and it was some minutes ‘ere we could get hold of the body. If I remember rightly one of the commissioners secured the dog afterwards. Of course we attended the funeral, and whenever I go to Ballarat I always visit the Old Cemetery and take off my hat at the graves of those who fell. One of the killed was Scott (a Canadian), who was an acquaintance of mine. I employed a man digging, and gave him half of what I had, and Scott was a shareholder in the venture. At the meeting, which I trust will be well attended, mention my name, and I am sure that I shall be remembered by some of the old ones, as I was for years afterwards at the Montezuma (Lynch, Levi, and Seebach) and Charlie Napier (Gibbs and Underwood) theatres, and I know they will tell you that what I have written is correct. I was at the burning of Bentley’s hotel, but that is another affair. Still those were the happiest days of my life. I was married on Bakery Hill by the Rev. John Potter (afterwards archdeacon). Withing you every success, I remain. --<br />
Yours, &c., A. W. ARNOLD.” <ref>''The Ballarat Courier'', 2 December 1904.</ref><br />
<br />
<br />
== In the News ==<br />
<br />
:The golden wedding of Mr. and Mrs. Arthur W. Arnold of [[Avoca]] (Victoria), was celebrated on Tuesday. They have resided at [[Avoca]] since 1865. They were married at Ballarat by the Rev. J. Potter (afterwards canon) in 1856, and they have 27 descendants. Mr. Arnold was in Ballarat during the Eureka riots, and assisted in removing the dead and wounded from the field. Both he and Mrs. Arnold were members of the late G. V. Brooke's company when that celebrated actor opened the theatre at the Lamplough goldfield, then a canvas town of 40,000 inhabitants, now in almost deserted, mining centre.<ref>''Barrier Miner'', 14 July 1906.</ref><br />
[[File:WINKLES - Sailors, Prince Regent &amp; Canadian Gullies - 2004.149-wiki.jpg|1000px|thumb|right|Henry Winkles, ''Sailors, Prince Regent & Canadian Gullies,'' 1850s, pencil on paper. <br>Courtesy Art Gallery of Ballarat, purchased Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.]]<br />
[[File:2Clare20140811-0812-rede-wiki.JPG|500px|thumb|right|Robert Rede and the Riot Act from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
[[File:GILL ST - Dangrously suspicious - 1967.119-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Dangerously Suspicious,'' c1852, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, gift of Mr. Tony Hamilton and Miss. S.E. Hamilton, 1967.]]<br />
:THE EUREKA ANNIVERSARY.<br />
:To the Editor of "The Star."<br />
:Sir,-As one of those who was present, and took part in the slurring events which led to the final catastrophe at the Stockade, I would like to relate my experience, more particularly as I note that au old "camarade de theatre” whom I note have never had the pleasure of meeting since those days, viz., A. W. Arnold, has been writing his experience. I was also a member of Mrs Hanmer's company of the [[Adelphi Theatre]], [[Red Hill]]. I thought I would be the only one alive now who could give a graphic and correct statement of those events, because, although I knew that there would be older men alive yet who were there, still they had not the opportunities which Arnold and myself had to note events. We were both young. I was the youngest of the lot; but even then I wrote theatrical notices and paragraphs for the ‘‘Times," conducted by Mr Seekamp. The statements made by Arnold are the exact facts as they happened that morning. I came to Ballarat under engagement to Mr [[Tom Hetherington]], then the best known man in Ballarat. I think Mr Oddie must remember him. He erected the first Theatre Royal, Ballarat, on the [[Gravel Pits]], somewhere opposite [[Golden Point]]. I engaged under the “nom de theatre" of Frazer, taking it from a well known London actor, who had given me some instructions, and it was by that name I was known to Arnold and the rest of the company. The company I came up with comprised E. F. Strickland (a great comedian of the day), Musgrave (who made his mark subsequently as an old man actor), Percy (low comedian). Haffe (scene painter, afterwards a principal scene painter in the Melbourne theatres), Villiers, and myself. The ladies were Mrs Charles Forrest and Miss Villiers. Mrs Hetherington (formerly a London actress) was the leading lady; and White and Moore also were a part of the company. After playing a season the theatre had to be removed, as it was in danger of being swamped out by the baling from the [[Gravel Pits]] shafts, and was closed. Strickland and myself then engaged with Mrs Hanmer. The first play we took, part in was “The Honey moon—Strickland Duke Aranza, myself Rolando. The other diameters were fill ed by Mrs Hanmer's company, which comprised Harry Jackson (afterwards & great London low comedian), J. James, Graham, Hollyoak. Salone, and Arnold Mrs Hanmer (leading lady). Miss Hanmer, and Miss Stevens. I mention these names because it will revive pleasant memorial in your correspondent, Arnold, and those who may have known these times, and hence excusable at this junc ture. And, moreover, one—Hollyoak— took a prominent part in the stump ora tory of the day, with Lalor, Basson Humffray, and Black. And now I will proceed to speak of some of the events, and refer to mattens which may not have yet appeared on record. The Bentley and Scobie affair, as is well known, caus ed a disturbance and disaffection among the diggers; but this, although helping towards the emeute, was not the cause of the riot. The cause was the licence hunting by the troopers and cadets. (I note some of your correspondents call them police—there were no police.) The only other work the troopers had was to scour for bushrangers. There were a great many Americans and Canadians (hence Canadian. Gully) in Ballarat at the time, and coming fresh from Cali fornia were inclined to a little Lynch law, and Bentley’s affair excited them, and they were the principal movers in bring ing justice home to Bentley. They join ed strongly in the opposition towards the license hunting, and the Irishmen, at the Eureka, ever ready for a little excitement, came to the front, with Lalor as their stump leader, Lalor being a fluent speak er, although then he spoke with very strong brogue. There were Kennedy and Ross, Scotchmen, and Hollyoak and Humffray. Verne, a Dane, had good English, and he, too, spoke occasionally, but the man who stood head and should ders above them all was an Italian, known as "the lemonade man"—he sold lemonade—Raffaelo. He was a man of high culture and refinement, could speak almost any language, had seen military service, a first-classs billiard player, and a great chess player. This was his favorite pastime. He lodged at the Duchess of Kent hotel, on ‘the Gum Tree Flat, and I often played chess with him, but, though a good player, I had no chance, as he could play blindfolded against three or four competitors at once. I mention; this to show what kind of man he was, and will refer to him later on. The meetings of the diggers, held chiefly on Bakery Hill, caused some alarm to the authorities, and when the troopers came out on their license hunting the diggers, instead of, as was their wont, running and hiding in holes, by a preconorted plan faced the troopers and commissioner in thousands, and defied them. They were unarmed, save with pikes and shovels. Seeing how, matters stood the commissioner returned to camp and shortly after Sir Chas. Hotham sent a despatch, ordering martial law to be proclaimed and the Riot Act read. Several deputations were sent to the com missioner, the diggers desiring to avoid bloodshed, and asking the authorities to reduce the license fee and to collect it, not by armed force, but by civic proceedings. Sir [[Charles Hotham]], who was a very stubborn-headed man and a naval martinet, would listen to nothing, and orders were given to suppress the rising, and he also prepared to send reinforcements of soldiers and blue jackets from Melbourne. At the appointed time for reading the Riot Act the diggerss assembl ed in great force on the east end of the bridge (now known as Bridge street). They were armed with revolvers then. The Riot Act was read on the west end of the bridge, and Lalor, Verne, the Italian, and myself were in the front rank, listening quictly to the long rigmarole enforced on mayors or the chief in authority before a shot can be fired. As soon as the Act was read the diggers nearest to the bridge retired on either side and a circle was formed, they cheered lustily and it was arranged if the troopers charged to break the circle and retire behind the holes on either side, which were logged up some 20 feet high, and use them as forts to resist attack. Instead of the troopers charging, however, the Commissioner Rede, called Captain Wise to him, and they had a consultation. The soldiers were formed behind the troopers. The result of the consultation was not known at the time, but orders were given for all to retire to the camp. It was afterwards ascertained that Captain Wise, who was a humane man, did not care to fire on the diggers, nor did he care to trust the soldiers among the natural fortifications referred to. The retirement of the troops caused great jubilation among the diggers; in fact, too much so, and precipitated matters. Lalor got excited and summoned all to Bakery Hill, and mounting a stump addressed the im mense crowd, and told them that now the Riot Act had been read there was nothing left but open defiance. Kennedy mount ed the stump and told them all to “Burn their licenses." The diggers took the licenses out of their pockets, and set fire to them with matches. Verne addressed a few words; then the Italian mounted the stump and in broken English gave a Napoleonic speech, marked for brevity— “We dave talked long enough; let us act." This was received with tumultuous cheers, and Lalor then unfurled the Southern Cross flag, and called upon all to swear allegiance to the flag. The diggers knelt round the stump; Lalor looking an imposing figure as he waved the flag. For a short time the event was most impressive. There was not a murmur to be heard, and as they knelt complete silence reigned. On rising, cheers were given, and then the work of organisation commenced. Verne and the Italian under took the active command and drilling commenced. The [[Eureka Stockade]] was afterwards erected. A few days after a contingent of diggers from Creswick arrived, numbering some thousands. They were for storming and at once taking the camp, as the force was very small in the camp, and the diggers were in thou sands. Lalor objected to this, and dismissed the [[Creswick]] diggers, as he considered they were strong enough for any thing in Ballarat, but would call on them as reserves if necessity required. Pikes were made by all the blacksmiths, and everything was very orderly conducted. A committee of public safety was formed to keep the peace in tho town (Ballarat East), with two or three secretaries. Hollyoak got me appointed-as one; my department was opposite the Star hotel (Irwin’s). My duty was to take a company of men 30 or 40 strong, and raid all the stores, in fact any place, for arms and ammunition, giving signed tickets to adherents to permit them to carry arms, and also gave receipts for the goods taken, (I never head if they were paid for or not afterwards, but I suppose the Government compensated.) M'Gill, Arnold and others had other departments, and all the property pistols, revolvers, swords, etc., of the theatre were taken possession of, mostly by the actors. Mrs Hanmer had a handsome sword, a heirloom, I believe, M'Gill used to head his men with this sword drawn, and was a conspicuous character, though it was said afterwards that he was a spy and gave information to the authorities of the weakness of the stockade. Several large meetings were held at different times, but no action was taken. At length Mr Tarleton, the American consul, came to Ballarat, and held a meeting of all Americans on the field in the [[United States Hotel]], with closed doors. The outcome of this meeting was that an announcement was made next day that all Americans had seceded from the riot. Many of the Englishmen followed suit, and the whole brunt of the riot was left to the Irishmen, a few Scotchmen, and the foreigners, who would not submit. The falling away Americans weakened the cause. News arrived that the contingent of soldiers and bluejackets were on the road from Geelong. A hasty meeting was called at the stockade. There was a large number present, but it was the smallest meet ing yet held. I was present with my company. After long deliberations among the leaders, Lalor addressed those assembled, and ordered that a large force, as many as could be got together, should go to intercept the soldiers from Geelong. I was ordered with a large number of diggers to return to town and keep the peace there, and send any information necessary; while a small force with the leaders, were to stay at the Stockade, as no danger whatever was apprehended from the soldiers in the camp, who had been all this time so inactive. I went to the town, It was nearly dark before we broke up at Eureka; and as everything was quiet and peaceful I lay down in my bunk under a shop counter against the street. I had scarcely slept, when a loud knock came to the door and a voice called out, "Rise, rise; the [[Eureka Stockade]] is taken." I jump ed up (we slept with our clothes on those times), and made straight for the Stock ade. Fortunately I was unarmed; as I passed several troopers on my way, who took no notice of me. The sun was just rising as I came on to the Stockade. There were no soldiers, troopers, or armed diggers about; Everything was silent. Arnold, by his statement, was evidently aroused before I was. He lived nearer the Stockade. When I entered the Stockade, the first sight that met my view was the dead body of my old acquaintance the Italian. He had been most savagely bayoneted, and was almost unrecognisable able with bayonet wounds. I was told afterwords by those at the fight that he fought to the last, having managed to entrench himself in a place of vantage. He is supposed to have shot Captain Wise; and some other soldiers, so that when the soldiers got him they were savage at their captain being shot, and so bayonetted the valiant Italian- I noticed others also, stark and stiff, here and there, also cover ed with bayonet wounds. Some, who had been shot in or near tents, were burning, the soldiers having fired everything; and I also saw the man Arnold refers to, his legs roasting, while his little dog lay on his breast, and would allow no one to come near. The assault had been, made at break o’ day, and all was over before sunrise. After a while, as no troopers were about, friends and helpers came and re moved the dead. The wounded had been taken, to the [[Star Hotel]]. One correspondent says the London. Probably some might have been taken to the London, but Ross, as for as I can remember, died at the [[Star Hotel]]. I often had a talk over the affair with Irwin when I visited the Provincial, in Ballarat Lalor was wounded, and the subsequent events were as Arnold relates. The contingent came up a day or two after, and a very formidable one it was. I think there was one or more cannon, in charge of the blue- jackets. Peace was soon proclaimed, and business proceeded as before. The trial of those apprehended is a matter of history. The miner's right was the result of the insurrection, and all reasonable re forms asked by the people have invariably been acceded to ever since. So, disaster as it was, the rising of the diggers brought forth good fruit; and, like Arnold, though not present in body among the old stockaders at the celebration, I was in spirit. Living here in [[Casterton]], so remote from a large centre, I could get no information, to the celebration, wrote to a firm I represent in Ballarat, but the principal was away, and the let ter mislaid. I telegraphed to Mr Bent for a pass, but he replied that all the passes were issued. However, I congratulate the old pioneers at having lived to see this day. I would probably not have known any of them, as I had no personal acquaintances out of the theatre and press circle, except the prominent men referred to, though I was well known in after years by the name of Frazer in the [[Smythesdale]] district by Mr Lynch, sen., surveyor, who surveyed many claims for me rear what is now [[Berringa]]. I am a Portuguese by birth and parentage, hence my name of D’Amaral, but was brought up and educated in England, principally in London, from the age of nine. I came to Melbourne in '52, in the ship [[Marlborough]]. Mr Graham Berry (afterwards Sir Graham) was a shipmate, and so was Mr Locke, sometime M.L.A. for Grenvilleshire. I also contributed articles and reports to “The Star" and “Courier" and “Grenville Advocate" during the seven ties, when the great Liberal agitation of that period was going on.<br />
:Yours etc., F. D'AMARAL. [[Casterton]], 3rd December, 1904.<ref>Ballarat Star, 6 December 1904.</ref><br />
<br />
==See also==<br />
<br />
[[F. D'Amaral]]<br />
<br />
[[Pikemen]]<br />
<br />
==Further Reading==<br />
<br />
Corfield, J.,Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26348The Burning of the Eureka Hotel2020-08-11T04:21:48Z<p>DWickham: /* Eye-witnesses */</p>
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<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. Courtesy Art Gallery of Ballarat, <br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Arthur Arnold]]<br />
<br />
[[Andrew Knight]]<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Arthur_Arnold&diff=26347Arthur Arnold2020-08-11T04:21:19Z<p>DWickham: /* Goldfields Involvement, 1854 */</p>
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<div>[[File:GILL ST - Deep Sinking - 1979.98-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Deep Sinking, Bakery Hill, Ballarat - 1853,'' handcoloured lithograph. <br>Art Gallery of Ballarat, Ronald Wrigley Estate, 1979.]]<br />
==Background==<br />
<br />
Arthur Wellesley Arnold was born in Bristol, [[England]] in 1835. He arrived at [[Port Phillip]] on the clipper [[Try]] on 12 January 1853. <br />
He married Martha Elizabeth Marshall on 3 July 1856 in Ballarat. The marriage took place at St Paul's schoolhouse on [[Bakery Hill]]. Elizabeth Marshall was born c1838 in Bath, Somerset.<br />
Arnold died at [[Echuca]] on 28 June 1911 and was buried at [[Echuca Cemetery]].<ref>Geoffrey Ian McCorriston notes for the Eureka Research Directory</ref><br />
<br />
Arnold participated in theatrical productions at Ballarat and later at Avoca as an actor. He had been performing at the [[Red Hill]] Theatre.<br />
<br />
==Goldfields Involvement, 1854==<br />
[[File:Carboni WEP page67-wiki.jpg|1000px|thumb|right|William E. Pidgeon (WEP), Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, purchased 1994.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]] <br />
Arthur Arnold was at the burning of the [[Eureka Hotel]]. He was lodging at [[Frank Carey]]’s restaurant at the time of the [[Eureka Stockade]]. <br />
<br />
Arnold had been in the [[Eureka Stockade]] on the afternoon of 2 December 1854, and was said to be one of [[James McGill]]’s Revolver Corps. At that time he was a member of the theatrical profession at Mrs [[Sarah Hanmer]]’s Theatre on [[Red Hill]]. He attended to injured and deceased miners after the battle. He was among those who tried to take the pikeman's body away, but each time they removed the [[Pikeman's Dog]] from the cart, it returned to sit with its master.<br />
<br />
==Post 1854 Experiences==<br />
<br />
After Eureka Arnold continued to mine in various places, including Maryborough, Lamplough, Avoca, and Echuca. He continued gold mining mainly in the Avoca / Lamplough area after Eureka. ***He participated in theatrical productions at Ballarat and later Avoca. In 1904 Arnold was living at Avoca, and attended the 50th anniversary celebrations of the Eureka battle. His reminiscences are told in the book Eureka Reminiscences. Arthur and Martha Arnold had twelve children.<br />
<br />
Arthur Arnold and his family lived in [[Avoca]] since 1865. <ref>''Barrier Miner'', 14 July 1906.</ref><br />
<br />
== In the News ==<br />
<br />
:The golden wedding of Mr. and Mrs. Arthur W. Arnold of [[Avoca]] (Victoria), was celebrated on Tuesday. They have resided at [[Avoca]] since 1865. They were married at Ballarat by the Rev. J. Potter (afterwards canon) in 1856, and they have 27 descendants. Mr. Arnold was in Ballarat during the Eureka riots, and assisted in removing the dead and wounded from the field. Both he and Mrs. Arnold were members of the late G. V. Brooke's company when that celebrated actor opened the theatre at the Lamplough goldfield, then a canvas town of 40,000 inhabitants, now in almost deserted, mining centre.<ref>''Barrier Miner'', 14 July 1906.</ref><br />
[[File:WINKLES - Sailors, Prince Regent &amp; Canadian Gullies - 2004.149-wiki.jpg|1000px|thumb|right|Henry Winkles, ''Sailors, Prince Regent & Canadian Gullies,'' 1850s, pencil on paper. <br>Courtesy Art Gallery of Ballarat, purchased Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.]]<br />
[[File:2Clare20140811-0812-rede-wiki.JPG|500px|thumb|right|Robert Rede and the Riot Act from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
[[File:GILL ST - Dangrously suspicious - 1967.119-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Dangerously Suspicious,'' c1852, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, gift of Mr. Tony Hamilton and Miss. S.E. Hamilton, 1967.]]<br />
:THE EUREKA ANNIVERSARY.<br />
:To the Editor of "The Star."<br />
:Sir,-As one of those who was present, and took part in the slurring events which led to the final catastrophe at the Stockade, I would like to relate my experience, more particularly as I note that au old "camarade de theatre” whom I note have never had the pleasure of meeting since those days, viz., A. W. Arnold, has been writing his experience. I was also a member of Mrs Hanmer's company of the [[Adelphi Theatre]], [[Red Hill]]. I thought I would be the only one alive now who could give a graphic and correct statement of those events, because, although I knew that there would be older men alive yet who were there, still they had not the opportunities which Arnold and myself had to note events. We were both young. I was the youngest of the lot; but even then I wrote theatrical notices and paragraphs for the ‘‘Times," conducted by Mr Seekamp. The statements made by Arnold are the exact facts as they happened that morning. I came to Ballarat under engagement to Mr [[Tom Hetherington]], then the best known man in Ballarat. I think Mr Oddie must remember him. He erected the first Theatre Royal, Ballarat, on the [[Gravel Pits]], somewhere opposite [[Golden Point]]. I engaged under the “nom de theatre" of Frazer, taking it from a well known London actor, who had given me some instructions, and it was by that name I was known to Arnold and the rest of the company. The company I came up with comprised E. F. Strickland (a great comedian of the day), Musgrave (who made his mark subsequently as an old man actor), Percy (low comedian). Haffe (scene painter, afterwards a principal scene painter in the Melbourne theatres), Villiers, and myself. The ladies were Mrs Charles Forrest and Miss Villiers. Mrs Hetherington (formerly a London actress) was the leading lady; and White and Moore also were a part of the company. After playing a season the theatre had to be removed, as it was in danger of being swamped out by the baling from the [[Gravel Pits]] shafts, and was closed. Strickland and myself then engaged with Mrs Hanmer. The first play we took, part in was “The Honey moon—Strickland Duke Aranza, myself Rolando. The other diameters were fill ed by Mrs Hanmer's company, which comprised Harry Jackson (afterwards & great London low comedian), J. James, Graham, Hollyoak. Salone, and Arnold Mrs Hanmer (leading lady). Miss Hanmer, and Miss Stevens. I mention these names because it will revive pleasant memorial in your correspondent, Arnold, and those who may have known these times, and hence excusable at this junc ture. And, moreover, one—Hollyoak— took a prominent part in the stump ora tory of the day, with Lalor, Basson Humffray, and Black. And now I will proceed to speak of some of the events, and refer to mattens which may not have yet appeared on record. The Bentley and Scobie affair, as is well known, caus ed a disturbance and disaffection among the diggers; but this, although helping towards the emeute, was not the cause of the riot. The cause was the licence hunting by the troopers and cadets. (I note some of your correspondents call them police—there were no police.) The only other work the troopers had was to scour for bushrangers. There were a great many Americans and Canadians (hence Canadian. Gully) in Ballarat at the time, and coming fresh from Cali fornia were inclined to a little Lynch law, and Bentley’s affair excited them, and they were the principal movers in bring ing justice home to Bentley. They join ed strongly in the opposition towards the license hunting, and the Irishmen, at the Eureka, ever ready for a little excitement, came to the front, with Lalor as their stump leader, Lalor being a fluent speak er, although then he spoke with very strong brogue. There were Kennedy and Ross, Scotchmen, and Hollyoak and Humffray. Verne, a Dane, had good English, and he, too, spoke occasionally, but the man who stood head and should ders above them all was an Italian, known as "the lemonade man"—he sold lemonade—Raffaelo. He was a man of high culture and refinement, could speak almost any language, had seen military service, a first-classs billiard player, and a great chess player. This was his favorite pastime. He lodged at the Duchess of Kent hotel, on ‘the Gum Tree Flat, and I often played chess with him, but, though a good player, I had no chance, as he could play blindfolded against three or four competitors at once. I mention; this to show what kind of man he was, and will refer to him later on. The meetings of the diggers, held chiefly on Bakery Hill, caused some alarm to the authorities, and when the troopers came out on their license hunting the diggers, instead of, as was their wont, running and hiding in holes, by a preconorted plan faced the troopers and commissioner in thousands, and defied them. They were unarmed, save with pikes and shovels. Seeing how, matters stood the commissioner returned to camp and shortly after Sir Chas. Hotham sent a despatch, ordering martial law to be proclaimed and the Riot Act read. Several deputations were sent to the com missioner, the diggers desiring to avoid bloodshed, and asking the authorities to reduce the license fee and to collect it, not by armed force, but by civic proceedings. Sir [[Charles Hotham]], who was a very stubborn-headed man and a naval martinet, would listen to nothing, and orders were given to suppress the rising, and he also prepared to send reinforcements of soldiers and blue jackets from Melbourne. At the appointed time for reading the Riot Act the diggerss assembl ed in great force on the east end of the bridge (now known as Bridge street). They were armed with revolvers then. The Riot Act was read on the west end of the bridge, and Lalor, Verne, the Italian, and myself were in the front rank, listening quictly to the long rigmarole enforced on mayors or the chief in authority before a shot can be fired. As soon as the Act was read the diggers nearest to the bridge retired on either side and a circle was formed, they cheered lustily and it was arranged if the troopers charged to break the circle and retire behind the holes on either side, which were logged up some 20 feet high, and use them as forts to resist attack. Instead of the troopers charging, however, the Commissioner Rede, called Captain Wise to him, and they had a consultation. The soldiers were formed behind the troopers. The result of the consultation was not known at the time, but orders were given for all to retire to the camp. It was afterwards ascertained that Captain Wise, who was a humane man, did not care to fire on the diggers, nor did he care to trust the soldiers among the natural fortifications referred to. The retirement of the troops caused great jubilation among the diggers; in fact, too much so, and precipitated matters. Lalor got excited and summoned all to Bakery Hill, and mounting a stump addressed the im mense crowd, and told them that now the Riot Act had been read there was nothing left but open defiance. Kennedy mount ed the stump and told them all to “Burn their licenses." The diggers took the licenses out of their pockets, and set fire to them with matches. Verne addressed a few words; then the Italian mounted the stump and in broken English gave a Napoleonic speech, marked for brevity— “We dave talked long enough; let us act." This was received with tumultuous cheers, and Lalor then unfurled the Southern Cross flag, and called upon all to swear allegiance to the flag. The diggers knelt round the stump; Lalor looking an imposing figure as he waved the flag. For a short time the event was most impressive. There was not a murmur to be heard, and as they knelt complete silence reigned. On rising, cheers were given, and then the work of organisation commenced. Verne and the Italian under took the active command and drilling commenced. The [[Eureka Stockade]] was afterwards erected. A few days after a contingent of diggers from Creswick arrived, numbering some thousands. They were for storming and at once taking the camp, as the force was very small in the camp, and the diggers were in thou sands. Lalor objected to this, and dismissed the [[Creswick]] diggers, as he considered they were strong enough for any thing in Ballarat, but would call on them as reserves if necessity required. Pikes were made by all the blacksmiths, and everything was very orderly conducted. A committee of public safety was formed to keep the peace in tho town (Ballarat East), with two or three secretaries. Hollyoak got me appointed-as one; my department was opposite the Star hotel (Irwin’s). My duty was to take a company of men 30 or 40 strong, and raid all the stores, in fact any place, for arms and ammunition, giving signed tickets to adherents to permit them to carry arms, and also gave receipts for the goods taken, (I never head if they were paid for or not afterwards, but I suppose the Government compensated.) M'Gill, Arnold and others had other departments, and all the property pistols, revolvers, swords, etc., of the theatre were taken possession of, mostly by the actors. Mrs Hanmer had a handsome sword, a heirloom, I believe, M'Gill used to head his men with this sword drawn, and was a conspicuous character, though it was said afterwards that he was a spy and gave information to the authorities of the weakness of the stockade. Several large meetings were held at different times, but no action was taken. At length Mr Tarleton, the American consul, came to Ballarat, and held a meeting of all Americans on the field in the [[United States Hotel]], with closed doors. The outcome of this meeting was that an announcement was made next day that all Americans had seceded from the riot. Many of the Englishmen followed suit, and the whole brunt of the riot was left to the Irishmen, a few Scotchmen, and the foreigners, who would not submit. The falling away Americans weakened the cause. News arrived that the contingent of soldiers and bluejackets were on the road from Geelong. A hasty meeting was called at the stockade. There was a large number present, but it was the smallest meet ing yet held. I was present with my company. After long deliberations among the leaders, Lalor addressed those assembled, and ordered that a large force, as many as could be got together, should go to intercept the soldiers from Geelong. I was ordered with a large number of diggers to return to town and keep the peace there, and send any information necessary; while a small force with the leaders, were to stay at the Stockade, as no danger whatever was apprehended from the soldiers in the camp, who had been all this time so inactive. I went to the town, It was nearly dark before we broke up at Eureka; and as everything was quiet and peaceful I lay down in my bunk under a shop counter against the street. I had scarcely slept, when a loud knock came to the door and a voice called out, "Rise, rise; the [[Eureka Stockade]] is taken." I jump ed up (we slept with our clothes on those times), and made straight for the Stock ade. Fortunately I was unarmed; as I passed several troopers on my way, who took no notice of me. The sun was just rising as I came on to the Stockade. There were no soldiers, troopers, or armed diggers about; Everything was silent. Arnold, by his statement, was evidently aroused before I was. He lived nearer the Stockade. When I entered the Stockade, the first sight that met my view was the dead body of my old acquaintance the Italian. He had been most savagely bayoneted, and was almost unrecognisable able with bayonet wounds. I was told afterwords by those at the fight that he fought to the last, having managed to entrench himself in a place of vantage. He is supposed to have shot Captain Wise; and some other soldiers, so that when the soldiers got him they were savage at their captain being shot, and so bayonetted the valiant Italian- I noticed others also, stark and stiff, here and there, also cover ed with bayonet wounds. Some, who had been shot in or near tents, were burning, the soldiers having fired everything; and I also saw the man Arnold refers to, his legs roasting, while his little dog lay on his breast, and would allow no one to come near. The assault had been, made at break o’ day, and all was over before sunrise. After a while, as no troopers were about, friends and helpers came and re moved the dead. The wounded had been taken, to the [[Star Hotel]]. One correspondent says the London. Probably some might have been taken to the London, but Ross, as for as I can remember, died at the [[Star Hotel]]. I often had a talk over the affair with Irwin when I visited the Provincial, in Ballarat Lalor was wounded, and the subsequent events were as Arnold relates. The contingent came up a day or two after, and a very formidable one it was. I think there was one or more cannon, in charge of the blue- jackets. Peace was soon proclaimed, and business proceeded as before. The trial of those apprehended is a matter of history. The miner's right was the result of the insurrection, and all reasonable re forms asked by the people have invariably been acceded to ever since. So, disaster as it was, the rising of the diggers brought forth good fruit; and, like Arnold, though not present in body among the old stockaders at the celebration, I was in spirit. Living here in [[Casterton]], so remote from a large centre, I could get no information, to the celebration, wrote to a firm I represent in Ballarat, but the principal was away, and the let ter mislaid. I telegraphed to Mr Bent for a pass, but he replied that all the passes were issued. However, I congratulate the old pioneers at having lived to see this day. I would probably not have known any of them, as I had no personal acquaintances out of the theatre and press circle, except the prominent men referred to, though I was well known in after years by the name of Frazer in the [[Smythesdale]] district by Mr Lynch, sen., surveyor, who surveyed many claims for me rear what is now [[Berringa]]. I am a Portuguese by birth and parentage, hence my name of D’Amaral, but was brought up and educated in England, principally in London, from the age of nine. I came to Melbourne in '52, in the ship [[Marlborough]]. Mr Graham Berry (afterwards Sir Graham) was a shipmate, and so was Mr Locke, sometime M.L.A. for Grenvilleshire. I also contributed articles and reports to “The Star" and “Courier" and “Grenville Advocate" during the seven ties, when the great Liberal agitation of that period was going on.<br />
:Yours etc., F. D'AMARAL. [[Casterton]], 3rd December, 1904.<ref>Ballarat Star, 6 December 1904.</ref><br />
<br />
==See also==<br />
<br />
[[F. D'Amaral]]<br />
<br />
[[Pikemen]]<br />
<br />
==Further Reading==<br />
<br />
Corfield, J.,Wickham, D., & Gervasoni, C. ''The Eureka Encyclopaedia'', Ballarat Heritage Services, 2004.<br />
<br />
==References==<br />
<references /><br />
<br />
==External links==<br />
<br />
----</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26346The Burning of the Eureka Hotel2020-08-11T04:19:47Z<p>DWickham: /* Eye-witnesses */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. Courtesy Art Gallery of Ballarat, <br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[A. W. Arnold]]<br />
<br />
[[Andrew Knight]]<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
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And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
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[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
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By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
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== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
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Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
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<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Prisoners_and_Trials&diff=26345Prisoners and Trials2020-08-11T04:12:56Z<p>DWickham: /* Burning of Bentley's Hotel */</p>
<hr />
<div>== Burning of Bentley's Hotel ==<br />
After the burning of [[James Bentley]]'s [[Eureka Hotel]] [[Andrew McIntyre]], [[Thomas Fletcher]] and [[Henry Westerby]] were arrested and sent to trial. Another seven were arrested These were [[John Balderston]], [[Manestra Flatow]], Butler, [[Albert Hurd]], [[George McIntosh]], [[Charles Stewart]] and [[John van Der Byl]].<ref>Email correspondence from B. Gow to Ballarat Heritage Services, 21 December 2003.</ref><br />
<br />
== Bentley's Trial ==<br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
<br />
== Treason Trial Prisoners ==<br />
[[File:Eureka Stockade from Illus Aus News2.jpg|800px|thumb|right|''Release of Treason Trial Prisoners, Melbourne, 1855,'' ]]<br />
Although over one hundred men were arrested, the cases against all but thirteen were dismissed due to lack of evidence. <br />
<br />
Those who stood trial for High Treason were:<br />
<br />
:[[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; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[James Campbell]] a black man from Kingston, [[Jamaica]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[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''; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Thomas Dignum]], born in [[Sydney]] <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Timothy Hayes]], Chairman of the [[Ballarat Reform League]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[John Joseph]], a black American who is credited with firing the shot that eventually killed Captain [[Henry Wise]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[John Manning]], a Ballarat Times journalist originally from [[Ireland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[William Molloy]]<br />
<br />
:[[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;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Henry Reid]] a stockader who stood his ground and fired repeatedly at the military advance on the stockade;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jacob Sorenson]], a Jew; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Michael Tuohy]] a survivor of the Irish potato famine who immigrated to [[Melbourne]] at the age of 19 in 1849; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jan Vennik]] from [[Holland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
== Witnesses ==<br />
<br />
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]]:<br />
:'Was it on the brow of the hill? ''Yes''.<br />
:Did it enclose the brow of the hill? ''Yes''.<br />
:And the ground fell from it? ''On the side we attacked it did''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
<br />
Commissioner Gilbert Amos of the Eureka Camp answered the Attorney General's questions thus:<br />
:'How was the ground placed; was it on the summit of a hill, in a valley, or how? I''t was rather in a hollow; it sloped slightly down into a hollow''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
[[Frank Penhalluriack]]<br />
<br />
Witnesses deposing against [[James Beattie]], [[John Joseph]], [[Raffaello Carboni]] and [[Jan Vennik]] were:<br />
[[Henry Goodenough]], [[Thomas Atkins]], [[Patrick Riley]], [[William Revell]], [[Samuel Furnell]], [[John King]], [[James Gorr]], [[Patrick Lynott]], [[Daniel Haggarty]], [[Andrew Peters]], [[John Badcock]], [[John Donnelly]], [[Thomas Milne]], [[Patrick O'Keefe]], [[George Fraser]]<br />
<br />
<br />
Witnesses deposing against [[Timothy Hayes]] were:<br />
[[Henry Goodenough]], [[Andrew Peters]], [[Hugh King]], [[William Thompson]], [[Thomas Langley]], [[Thomas Richards]], [[Thomas Carruthers]], [[William Fleming]], [[James Ronayn]].<br />
<br />
<br />
Witnesses deposing against [[Charles Carter]],[[ John Manning]], [[Thomas Joseph McKeown]], and [[John Cahill]] were:<br />
[[Henry Goodenough]], [[Patrick O’Keefe]], [[Charles Carter]], [[Patrick Synott]], [[Daniel Haggarty]], [[Andrew Peters]], [[William John Sullivan]], [[Michael Costello]].<br />
<br />
<br />
Witnesses deposing against [[Charles Brown]], [[Thomas Barry]], [[Michael Tuohy]], [[Henry Read]] and [[James Campbell]] were:<br />
[[George King]], [[John King]], [[Samuel Slackwell Furnell]], [[John Dogherty]], [[Michael Lawler]], [[Joseph Penrose]], [[John White]], [[John Penaluna]], [[Eugene Bellairs]], [[James Wearne]], [[James Gaunt]], [[Peter Ellis]], [[John Sullivan]], [[James Clerk]], [[Joseph Raynor]], [[Henry Bedwell]], [[William Richardson]].<br />
<br />
<br />
[[William Revell]] was deposed as a witness for the case of [[Thomas Dignum]] which was later dropped by the Attorney General.<br />
<br />
Witnesses deposing against [[William Molloy]], [[Jacob Sorenson]] and [[Patrick Howard]] were:<br />
[[Edward Viret]], [[George King]], [[Thomas Bradley]], and [[Henry Foster]].<br />
<br />
Witnesses deposing against [[John Phelan]] were:<br />
[[Ladislaus Kossak ]], [[Samuel Furnell]], [[John Culkin]].<br />
<br />
== Compensation Claims ==<br />
<br />
<br />
== Scobie Inquest ==<br />
<br />
<br />
== See Also ==<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Treason Trials]]<br />
<br />
[[Goldfields Commission of Enquiry]]<br />
<br />
<br />
== External Links ==<br />
<br />
http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/the-state-trials<br />
<br />
== References ==<br />
<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Prisoners_and_Trials&diff=26344Prisoners and Trials2020-08-11T04:12:35Z<p>DWickham: </p>
<hr />
<div>== Burning of Bentley's Hotel ==<br />
[[File:State Trial MAM 02-03-1855.jpg|800px|thumb|right|''State Trial Prisoners, Mount Alexander Mail, 02 March 1855.'']]<br />
After the burning of [[James Bentley]]'s [[Eureka Hotel]] [[Andrew McIntyre]], [[Thomas Fletcher]] and [[Henry Westerby]] were arrested and sent to trial. Another seven were arrested These were [[John Balderston]], [[Manestra Flatow]], Butler, [[Albert Hurd]], [[George McIntosh]], [[Charles Stewart]] and [[John van Der Byl]].<ref>Email correspondence from B. Gow to Ballarat Heritage Services, 21 December 2003.</ref><br />
<br />
<br />
== Bentley's Trial ==<br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
<br />
== Treason Trial Prisoners ==<br />
[[File:Eureka Stockade from Illus Aus News2.jpg|800px|thumb|right|''Release of Treason Trial Prisoners, Melbourne, 1855,'' ]]<br />
Although over one hundred men were arrested, the cases against all but thirteen were dismissed due to lack of evidence. <br />
<br />
Those who stood trial for High Treason were:<br />
<br />
:[[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; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[James Campbell]] a black man from Kingston, [[Jamaica]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[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''; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Thomas Dignum]], born in [[Sydney]] <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Timothy Hayes]], Chairman of the [[Ballarat Reform League]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[John Joseph]], a black American who is credited with firing the shot that eventually killed Captain [[Henry Wise]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[John Manning]], a Ballarat Times journalist originally from [[Ireland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[William Molloy]]<br />
<br />
:[[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;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Henry Reid]] a stockader who stood his ground and fired repeatedly at the military advance on the stockade;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jacob Sorenson]], a Jew; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Michael Tuohy]] a survivor of the Irish potato famine who immigrated to [[Melbourne]] at the age of 19 in 1849; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jan Vennik]] from [[Holland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
== Witnesses ==<br />
<br />
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]]:<br />
:'Was it on the brow of the hill? ''Yes''.<br />
:Did it enclose the brow of the hill? ''Yes''.<br />
:And the ground fell from it? ''On the side we attacked it did''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
<br />
Commissioner Gilbert Amos of the Eureka Camp answered the Attorney General's questions thus:<br />
:'How was the ground placed; was it on the summit of a hill, in a valley, or how? I''t was rather in a hollow; it sloped slightly down into a hollow''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
[[Frank Penhalluriack]]<br />
<br />
Witnesses deposing against [[James Beattie]], [[John Joseph]], [[Raffaello Carboni]] and [[Jan Vennik]] were:<br />
[[Henry Goodenough]], [[Thomas Atkins]], [[Patrick Riley]], [[William Revell]], [[Samuel Furnell]], [[John King]], [[James Gorr]], [[Patrick Lynott]], [[Daniel Haggarty]], [[Andrew Peters]], [[John Badcock]], [[John Donnelly]], [[Thomas Milne]], [[Patrick O'Keefe]], [[George Fraser]]<br />
<br />
<br />
Witnesses deposing against [[Timothy Hayes]] were:<br />
[[Henry Goodenough]], [[Andrew Peters]], [[Hugh King]], [[William Thompson]], [[Thomas Langley]], [[Thomas Richards]], [[Thomas Carruthers]], [[William Fleming]], [[James Ronayn]].<br />
<br />
<br />
Witnesses deposing against [[Charles Carter]],[[ John Manning]], [[Thomas Joseph McKeown]], and [[John Cahill]] were:<br />
[[Henry Goodenough]], [[Patrick O’Keefe]], [[Charles Carter]], [[Patrick Synott]], [[Daniel Haggarty]], [[Andrew Peters]], [[William John Sullivan]], [[Michael Costello]].<br />
<br />
<br />
Witnesses deposing against [[Charles Brown]], [[Thomas Barry]], [[Michael Tuohy]], [[Henry Read]] and [[James Campbell]] were:<br />
[[George King]], [[John King]], [[Samuel Slackwell Furnell]], [[John Dogherty]], [[Michael Lawler]], [[Joseph Penrose]], [[John White]], [[John Penaluna]], [[Eugene Bellairs]], [[James Wearne]], [[James Gaunt]], [[Peter Ellis]], [[John Sullivan]], [[James Clerk]], [[Joseph Raynor]], [[Henry Bedwell]], [[William Richardson]].<br />
<br />
<br />
[[William Revell]] was deposed as a witness for the case of [[Thomas Dignum]] which was later dropped by the Attorney General.<br />
<br />
Witnesses deposing against [[William Molloy]], [[Jacob Sorenson]] and [[Patrick Howard]] were:<br />
[[Edward Viret]], [[George King]], [[Thomas Bradley]], and [[Henry Foster]].<br />
<br />
Witnesses deposing against [[John Phelan]] were:<br />
[[Ladislaus Kossak ]], [[Samuel Furnell]], [[John Culkin]].<br />
<br />
== Compensation Claims ==<br />
<br />
<br />
== Scobie Inquest ==<br />
<br />
<br />
== See Also ==<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Treason Trials]]<br />
<br />
[[Goldfields Commission of Enquiry]]<br />
<br />
<br />
== External Links ==<br />
<br />
http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/the-state-trials<br />
<br />
== References ==<br />
<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Prisoners_and_Trials&diff=26343Prisoners and Trials2020-08-11T04:11:48Z<p>DWickham: </p>
<hr />
<div>[[File:Carboni WEP page108-wiki2.jpg|1000px|thumb|right|Walter E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, Art Gallery of Ballarat, purchased 1994.]]<br />
== Burning of Bentley's Hotel ==<br />
[[File:State Trial MAM 02-03-1855.jpg|800px|thumb|right|''State Trial Prisoners, Mount Alexander Mail, 02 March 1855.'']]<br />
After the burning of [[James Bentley]]'s [[Eureka Hotel]] [[Andrew McIntyre]], [[Thomas Fletcher]] and [[Henry Westerby]] were arrested and sent to trial. Another seven were arrested These were [[John Balderston]], [[Manestra Flatow]], Butler, [[Albert Hurd]], [[George McIntosh]], [[Charles Stewart]] and [[John van Der Byl]].<ref>Email correspondence from B. Gow to Ballarat Heritage Services, 21 December 2003.</ref><br />
<br />
<br />
== Bentley's Trial ==<br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
<br />
== Treason Trial Prisoners ==<br />
[[File:Eureka Stockade from Illus Aus News2.jpg|800px|thumb|right|''Release of Treason Trial Prisoners, Melbourne, 1855,'' ]]<br />
Although over one hundred men were arrested, the cases against all but thirteen were dismissed due to lack of evidence. <br />
<br />
Those who stood trial for High Treason were:<br />
<br />
:[[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; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[James Campbell]] a black man from Kingston, [[Jamaica]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[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''; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Thomas Dignum]], born in [[Sydney]] <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Timothy Hayes]], Chairman of the [[Ballarat Reform League]]; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[John Joseph]], a black American who is credited with firing the shot that eventually killed Captain [[Henry Wise]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[John Manning]], a Ballarat Times journalist originally from [[Ireland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013;</ref><br />
<br />
:[[William Molloy]]<br />
<br />
:[[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;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Henry Reid]] a stockader who stood his ground and fired repeatedly at the military advance on the stockade;<ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jacob Sorenson]], a Jew; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Michael Tuohy]] a survivor of the Irish potato famine who immigrated to [[Melbourne]] at the age of 19 in 1849; <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
:[[Jan Vennik]] from [[Holland]], <ref>http://www.takver.com/history/eureka.htm, sighted 07 May 2013.</ref><br />
<br />
== Witnesses ==<br />
<br />
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]]:<br />
:'Was it on the brow of the hill? ''Yes''.<br />
:Did it enclose the brow of the hill? ''Yes''.<br />
:And the ground fell from it? ''On the side we attacked it did''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
<br />
Commissioner Gilbert Amos of the Eureka Camp answered the Attorney General's questions thus:<br />
:'How was the ground placed; was it on the summit of a hill, in a valley, or how? I''t was rather in a hollow; it sloped slightly down into a hollow''.'<ref>Harvey, Jack, Eureka Rediscovered, University of Ballarat, 1994.</ref><br />
<br />
[[Frank Penhalluriack]]<br />
<br />
Witnesses deposing against [[James Beattie]], [[John Joseph]], [[Raffaello Carboni]] and [[Jan Vennik]] were:<br />
[[Henry Goodenough]], [[Thomas Atkins]], [[Patrick Riley]], [[William Revell]], [[Samuel Furnell]], [[John King]], [[James Gorr]], [[Patrick Lynott]], [[Daniel Haggarty]], [[Andrew Peters]], [[John Badcock]], [[John Donnelly]], [[Thomas Milne]], [[Patrick O'Keefe]], [[George Fraser]]<br />
<br />
<br />
Witnesses deposing against [[Timothy Hayes]] were:<br />
[[Henry Goodenough]], [[Andrew Peters]], [[Hugh King]], [[William Thompson]], [[Thomas Langley]], [[Thomas Richards]], [[Thomas Carruthers]], [[William Fleming]], [[James Ronayn]].<br />
<br />
<br />
Witnesses deposing against [[Charles Carter]],[[ John Manning]], [[Thomas Joseph McKeown]], and [[John Cahill]] were:<br />
[[Henry Goodenough]], [[Patrick O’Keefe]], [[Charles Carter]], [[Patrick Synott]], [[Daniel Haggarty]], [[Andrew Peters]], [[William John Sullivan]], [[Michael Costello]].<br />
<br />
<br />
Witnesses deposing against [[Charles Brown]], [[Thomas Barry]], [[Michael Tuohy]], [[Henry Read]] and [[James Campbell]] were:<br />
[[George King]], [[John King]], [[Samuel Slackwell Furnell]], [[John Dogherty]], [[Michael Lawler]], [[Joseph Penrose]], [[John White]], [[John Penaluna]], [[Eugene Bellairs]], [[James Wearne]], [[James Gaunt]], [[Peter Ellis]], [[John Sullivan]], [[James Clerk]], [[Joseph Raynor]], [[Henry Bedwell]], [[William Richardson]].<br />
<br />
<br />
[[William Revell]] was deposed as a witness for the case of [[Thomas Dignum]] which was later dropped by the Attorney General.<br />
<br />
Witnesses deposing against [[William Molloy]], [[Jacob Sorenson]] and [[Patrick Howard]] were:<br />
[[Edward Viret]], [[George King]], [[Thomas Bradley]], and [[Henry Foster]].<br />
<br />
Witnesses deposing against [[John Phelan]] were:<br />
[[Ladislaus Kossak ]], [[Samuel Furnell]], [[John Culkin]].<br />
<br />
== Compensation Claims ==<br />
<br />
<br />
== Scobie Inquest ==<br />
<br />
<br />
== See Also ==<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Treason Trials]]<br />
<br />
[[Goldfields Commission of Enquiry]]<br />
<br />
<br />
== External Links ==<br />
<br />
http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/the-state-trials<br />
<br />
== References ==<br />
<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26342Scobie's Murder2020-08-11T04:09:08Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' <br>University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26341Official Documents2020-08-11T04:07:26Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== Scobie's Inquest ==<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26340Scobie's Murder2020-08-11T04:04:52Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' <br>University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26339Scobie's Murder2020-08-11T04:03:33Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' <br>University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26338Scobie's Murder2020-08-11T04:02:21Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26337Scobie's Murder2020-08-11T04:01:56Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26336Scobie's Murder2020-08-11T04:01:41Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
Recognizance to give evidence.<br/><br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
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== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
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:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
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[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26335Scobie's Murder2020-08-11T04:01:16Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
Recognizance to give evidence.<br/><br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26334Scobie's Murder2020-08-11T04:00:46Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26333Scobie's Murder2020-08-11T04:00:03Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26332Scobie's Murder2020-08-11T03:59:09Z<p>DWickham: </p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial <br>click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
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<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
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== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
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<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26331Scobie's Murder2020-08-11T03:58:28Z<p>DWickham: /* Newspaper Articles */</p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
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[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
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== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
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The Jury were:<br />
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[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
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== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
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== Newspaper Articles ==<br />
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:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death. Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
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:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
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== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
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[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
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http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
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[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
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== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26330Scobie's Murder2020-08-11T03:57:12Z<p>DWickham: /* Newspaper Articles */</p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
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[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
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[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death.<br />
:Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>''Mount Alexander Mail'', 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>''The Argus'', 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=Scobie%27s_Murder&diff=26329Scobie's Murder2020-08-11T03:56:23Z<p>DWickham: /* The Inquest */</p>
<hr />
<div>[[File:M4692-Scobie-grave-wiki.JPG|1000px|thumb|right|''James Scobie's Tombstone, Ballaarat Old Cemetery, c1904'' University of Ballarat Historical Collection.]]<br />
<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP<br/><br />
<br/><br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another during they knocked on the door of the [[Eureka Hotel]] after opening hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== The Inquest ==<br />
<br />
:...An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== Petition ==<br />
<br />
:27/10/54 <br />
:Ballarat 23rd Oct 1854<br />
:To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria<br />
:We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.<br />
:Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.<br />
:We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.<br />
:In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.<br />
:We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-<br />
:James R. Thomson Chairman <br />
:[[Peter Lalor]] Secretary <br />
:Thomas P. Wanliss Treasurer <br />
:John Weightman Gray <br />
:[[William Corkhill]] <br />
:Alexander McP Grant <br />
:[[Archibald Carmichael]]<ref>VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1</ref><br />
<br />
== Newspaper Articles ==<br />
<br />
:THE BALLARAT MURDER<br />
:At the Criminal Sittings of the Supreme Court on Saturday, James Francis Bentley, [[Catherine Bentley]], his wife, [[John Farrell]], and William Henry Hance, were charged with the murder of [[James Scobie]], at Ballarat, on the 7th of October last. The prisoners pleaded Not Guilty. Mr Michie appeared for Farrell, Mr Ireland defended the Bentleys, and Mr Whipham appeared for Hance. The Attorney General, with whom was the Solicitor General conducted the case for the Crown. The facts attendant upon the death of Scobie were lengthily detailed in evidence, but they may be compressed into a narrow compass. On the night of Friday, Oct. 6, deceased, in company with his mate, [[Peter Martin]], called at Bentley’s [[Eureka Hotel]], for the purpose of procuring something to drink. Just as they were leaving a window was broken, and they had not proceeded more than150 yards from the house when they were overtaken by the prisoners, who were under the impression that it was they who had caused the damage. They were both knocked down; Farrell struck deceased with his fist, and kicked him when upon the ground. Hance also kicked him. Bentley was there with a spade in his hand, but it does not appear that any one saw him strike a blow. He said, however that “the sweep was properly served.” A post mortem examination disclosed the injuries deceased had received. They were principally bruises on the head, but none sufficiently severe to be considered direct cause of death.<br />
:Dr John [[Alfred Carr]], the medical man who made the post-mortem said - There was a very strong odour of spirits from the stomach, which was frightfully loaded with ... <ref>Mount Alexander Mail 24 November 1854</ref><br />
<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
:1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
:That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
:Carried unanimously.<br />
:2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
:That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
:Carried without a dissentient voice.<br />
:3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
:That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
:Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
:Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
:That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
:Carried unanimously.<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired.<br />
:After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execration of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the military. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the military. The cool and resolute manner in which every- thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A black- fellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous Eureka Hotel but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another Golden Point or Specimen Hill.<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably dis- charged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of Scotland, and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
:To His Excellency Sir [[Charles Hotham]], Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
:That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
:The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the Eureka Hotel. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
:It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
:Between the Eureka Hotel and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the Eureka Hotel dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]].<br />
:The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
:The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
:Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
:The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
:George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
:Everett Gud, the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
:The third witness, Henry Green, has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
:The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
:The other accused were also discharged at same time.<br />
:Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
:Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
:Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
:Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
:Your petitioners, as in duty bound, will ever pray, &c. <ref>The Argus, 23 October 1854. </ref><br />
<br />
== Also See ==<br />
<br />
[[Archibald Carmichael]]<br />
<br />
[[William Corkhill]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Alexander Grant]] <br />
<br />
[[John Gray]] <br />
<br />
[[Peter Lalor]] <br />
<br />
[[Archibald Michie]]<br />
<br />
[[James Scobie]]<br />
<br />
[[James Stewart]]<br />
<br />
[[James Thomson]] <br />
<br />
[[Thomas Wanliss]]<br />
<br />
== Other Sites ==<br />
<br />
http://wiki.prov.vic.gov.au/index.php/Eureka_Stockade:Petition_from_Ballarat_residents_re_Scobie_murder<br />
<br />
[[File:M4692-Scobie's-grave-1904wiki.jpg|500px|thumb|right|''Scobie's Grave, Ballaarat Old Cemetery,'' University of Ballarat Historical Collection]]<br />
<br />
== References ==<br />
<References/></div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26328The Burning of the Eureka Hotel2020-08-11T03:54:50Z<p>DWickham: </p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. Courtesy Art Gallery of Ballarat, <br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
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Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26327The Burning of the Eureka Hotel2020-08-11T03:53:10Z<p>DWickham: /* In the News */</p>
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<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
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[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
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And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
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== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
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== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26326The Burning of the Eureka Hotel2020-08-11T03:51:23Z<p>DWickham: /* In the News */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, <Br>watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>Purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26325The Burning of the Eureka Hotel2020-08-11T03:50:29Z<p>DWickham: /* In the News */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. Courtesy Art Gallery of Ballarat, <Br>purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26324The Burning of the Eureka Hotel2020-08-11T03:34:42Z<p>DWickham: /* In the News */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>Victorian Votes & Proceedings of the Legislative Assembly, 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26323The Burning of the Eureka Hotel2020-08-11T03:32:47Z<p>DWickham: /* Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80<br />
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And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
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[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
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[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
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By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854 ]]<br />
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<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>'''Victorian Votes & Proceedings of the Legislative Assembly''', 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
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== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
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== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).<ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
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== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
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For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
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== References ==<br />
<References/><br />
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Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
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== Also See ==<br />
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[[Eureka Hotel]]<br />
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[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26322The Burning of the Eureka Hotel2020-08-11T03:30:15Z<p>DWickham: /* In the News */</p>
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<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
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[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
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[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
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[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
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[[Andrew Knight]]<br />
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== Eureka Hotel ==<br />
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On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
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[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
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== Arrests ==<br />
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After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
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== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
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== In the News ==<br />
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:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia. One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
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[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80<br />
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And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
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[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
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say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
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[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
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By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854 ]]<br />
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:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>'''Victorian Votes & Proceedings of the Legislative Assembly''', 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).</ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26321The Burning of the Eureka Hotel2020-08-11T03:29:16Z<p>DWickham: /* In the News */</p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80]]<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854 ]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>'''Victorian Votes & Proceedings of the Legislative Assembly''', 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).</ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
<br />
----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=The_Burning_of_the_Eureka_Hotel&diff=26320The Burning of the Eureka Hotel2020-08-11T03:27:16Z<p>DWickham: </p>
<hr />
<div>[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
[[File:Carboni WEP page27-wiki.jpg|1000px|thumb|right|William E. Pidgeon, Illustration from ''The Eureka Stockade'' by Raffaello Carboni, Sunnybrook Press, 1942, offset print. <br>Art Gallery of Ballarat, gift of Mr. and Mrs. Fred Billings, 1993. Conserved with a generous donation from the Chisholm family, 2014.<br>William E. Pidgeon artwork is reproduced with the permission of Peter Pidgeon]]<br />
<br />
[[File:M4692-bentley-site-lores.jpg|800px|thumb|right|''Site of Bentley's Hotel, Eureka,'' University of Ballarat Historical Collection]]<br />
<br />
[[File:2Clare20140807-0808-wiki.JPG|500px|thumb|right|Ballarat Reform League Deputation to Governor Charles Hotham from ''The Revolt at Eureka’'' by R. Wenban. Schools Publishing House, 1959.]]<br />
== Eye-witnesses ==<br />
<br />
[[Andrew Knight]]<br />
<br />
<br />
== Eureka Hotel ==<br />
<br />
On 18 November 1854, [[James Bentley]], [[Thomas Farrell]] and [[William Hance]] were convicted of the manslaughter of [[James Scobie]], a Scottish miner who had been found dead near James Bentley’s Eureka Hotel on 7 October 1854. Bentley, and his employees Farrell and Hance, had been tried and acquitted previously for this murder, but due to the outcry on the Ballarat Diggings, the insinuation of police corruption, and the subsequent riot and burning of the Eureka Hotel on 17 October 1854, there had been cause for a new trial. <ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
[[Maurice Ximenes]], a Sub-inspector of police who commanded the Foot Police at Ballarat, was present at the burning of Bentley’s Eureka Hotel when 30,000 angry miners conducted a protest meeting. Ximenes had a number of police under his control hiding inside Bentley’s Eureka Hotel before the encounter, which led to the hotel’s destruction. Ximenes lent his horse to [[James Bentley]] so he could escape the crowd outside the hotel. The pregnant Mrs [[Catherine Bentley]] was left inside the hotel.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
<br />
== Arrests ==<br />
<br />
After the burning of [[James Bentley]]’s [[Eureka Hotel]] ten men were arrested on 27 October 1854, but later the charge was dismissed against seven. They were [[John Balderston]], [[Manestra Flatow]], Butler, Hurd, McIntosh, Stewart and [[John van Der Byl]].<ref>Research by B.Gow.</ref> [[Henry Westerby]], [[Thomas Fletcher]] and [[Andrew McIntyre]], were tried, convicted and sentenced to gaol on 20 November 1854. [[J.B. Humffray]], Black and Kennedy, representing the [[Ballarat Reform League]] demanded the release of these prisoners on 27 November. It was a fatal mistake, as the use of the word “demand” strengthened Governor Hotham’s resolve for control.<ref>Wickham, D., Gervasoni, C. & Phillipson, W., ''Eureka Research Directory'', Ballarat Heritage Services, 1999.</ref><br />
[[File:1974.106 - ST Gill - Site of Bentleys-wiki2.jpg|1000px|thumb|left|S.T. Gill, ''Site of Bentley's Hotel - Eureka Ballaarat'', 1855, lithograph, Art Gallery of Ballarat Collection, Purchased, 1977.]]<br />
<br />
== Claims for Losses at the Eureka Hotel ==<br />
[[File:GILL ST - Subscription Ball-wiki-musodetail.jpg|1000px|thumb|right|Samuel Thomas Gill, Detail of Musicians from ''Subscription Ball,'' 1854, watercolour and gum arabic on paper. <br>Art Gallery of Ballarat, Purchased 1961.]]<br />
:The following is a list of the claims made to the Government for compensation in connection with the burning of Bentley's Hotel, on the 17th October, 1854. The total amount is £40,418 ls 2d, of which only £150 is recommended by the select committee to be paid, - viz., 30/ to Messrs D. & W. Wallace, and £120 to Mr [[Michael Walsh]]. A sum of £150 is also recommended to be given to Dr Carr, who is at present in the Yarra Bend Lunatic Asylum; but this amount is on account of a claim for professional services<br />
to the wounded after the outbreak on the 3rd of December, and cannot properly be said to have come under the cognizance of the committee.<br />
:'''List of Claims for Compensation for Losses Sustained through the Ballarat Riot, on 7th October, 1854'''<br />
:[[George Waterson]], clothing and working tools, £22 ; [[Augustus Miell]], gold, bank notes, musical instruments and music books, goldrings, and two boxes of clothing, £87 ; D. and W. Wallace, tents and clothing, £30. [[Samuel Waldock]], livery stable keeper, saddles, harness, carts, hay, corn, horses, &c. &c, £766; [[Henry Harris]], merchandise stored in the yard of Bentley's Hotel, £45 ls.; E. F. West, clothing, musical instruments, and music books, £53 ; Chas. Smith, clothing and working tools, £20; [[Michael Walsh]], tent, household goods, clothing of self and family, and injury sustained by his wife, £175 10s.; Chas. Dyte, merchandise stored in the building attached to the hotel, £416 ls; G. C. Smith, two boxes and their contents, which were stored in the hotel, stated value, £343 18s ; [[Isaac Rigby]], chest of tools and clothing, £20 ; total, £1977 10s.<br />
:'''List of Creditors on Bentley's Estate'''<br />
:The Bank of New South Wales, overdrawn banking account, £2,000 : the Union Bank, dishonored, bills, £1,600 ; [[Thomas Bath]], Ballarat, dishonored bill, £192 10s; F. B Beaver, Esq., M.L.A., goods sold and delivered, £2,492 8s 5d; [[Mark Folk]] and [[Isaac Lazarus]], goods sold and delivered. £106 11s ; [[John Ettershank]], [[Stephen Holgate]], [[William Eaglestone]], dishonored bills, £87 2s6d; [[John Rutherford]], [[James Tingeman]], goods sold and delivered, £516 16s 8d; [[John McGuinnes]], goods sold and delivered, £96 2s 4d; [[Charles Morgan]], goods sold and delivered, £26 3s 3d ; Patricias Wm Welch, goods sold and delivered, £506 7s ; Dr Carr, for professional services, £124. Total, £7,648 1s 2d.<br />
:'''Servants' Wages, and Moneys due on Building Contracts'''<br />
:[[Patrick Hanlon]], carpenter's contract work, £95; [[Michael McDermott]], do. £125; [[Donald Ross]], do, £150; J. Donnelly, do, £98 ; [[Roderick Ross]], do, £160; [[Charles Smith]], baker, balance for wages, about £110; [[George Waterson]], balance for wages, £22, and £92 10s; [[Isaac Rigby]], money due on contract for building, £200. Total, £1,042 10s.<br />
:'''Bentley's Claim'''<br />
:"Claim by J. F. Bentley and wife, for the sum of £29,750, it being the ascertained value of the hotel, outbuildings, and stock in-trade, all of which were destroyed in the riot.<ref>Ballarat Star, 09 June 1858.</ref><br />
<br />
== In the News ==<br />
<br />
:BALLAARAT. (FROM OUR OWN CORRESPONDENT.) 18th October, 1854. <br />
:The exciting events of the last few days have been of such nature as to deserve special attention in your columns, embracing, in the short space of two days, one of the most daring and extensive robberies that has yet occurred in these colonies, and the most deliberate and most deter- mined expression of public resentment against in- justice that has yet graced or disgraced the annals of Australia.<br />
:One [[James Scobie]] was brutally murdered on the morning of the 7th inst., near Bentley's [[Eureka Hotel]]. The evidence adduced at the inquest bore strongly against some of the members of Bentley's establishment, and, in consequence, Bentley and two others were arrested on the Monday following, and admitted to bail of £1000 each. On Thursday, the 12th inst., they were examined before the police magistrate, Mr. Dewes, and the commissioners, Messrs. Rede and Johnston. The evidence against them was pretty strong, and the general expectation was, that they would be committed. However, the decision of the magistrates was, that there was not the shadow of a case against Mr. Bentley, and that he, as well as the others, were honorably discharged. The decision was received with groans and hisses, and it was evident that great dissatisfaction existed in the public mind. Rumors prejudicial to the character of the Bench, and which we forbear to mention, spread abroad, and it was evident that the matter was not to be allowed to rest without further investigation. A public meeting was announced to be held on Tuesday, near the spot where Scobie was murdered. It is necessary to mention that Bentley's hotel had acquired a very bad name throughout the diggings, numerous robberies having occurred in it since its establishment; and complaints were general, that though a favorite resort of thieves and Vandemonians, the establishment seemed to be under the protection of some of the Camp authorities, as no notice was taken of its well-known irregularities. This explanation will, in some measure, account for the spirit evinced at its destruction.<br />
:The business of the meeting was to commence at twelve o'clock, and long before that hour an immense number of people were on the spot. A strong body of foot-police, under Sub-Inspector Ximenes, was posted in the hotel, and the mounted troopers, under Captain Evans, were stationed in an adjacent hollow. When the chair was taken, about 3000 people were present, which increased to 5000 before the termination of the meeting.<br />
:The following is a correct copy of the resolutions moved at the meeting, which throughout was conducted in a temperate, judicious, and creditable manner: —<br />
::1. Moved by Mr. [[William Corkhill]], seconded by Mr. James R. Thomson —<br />
::That this meeting, not feeling satisfied with the manner in which the proceedings connected with the death of the late [[James Scobie]] have been conducted, either by the magistrates or by the coroner, pledges itself to use every lawful means to have the case brought before other and more competent authorities; and to effect this object do forward a petition embodying the facts of the case for the consideration of the Lieutenant Governor.<br />
::Carried unanimously.<br />
::2. Moved by Mr. Alexander M. P. Grant, seconded by Mr. [[Archibald Carmichael]] —<br />
::That this meeting views with mingled feelings of indignation and surprise the address in favor of Mr. Bentley, which appeared in the Ballaarat Times of Saturday last, and begs to express its total dissent from the sentiments therein conveyed.<br />
::Carried without a dissentient voice.<br />
::3. Moved by Mr. [[Thomas Kennedy]], seconded by Mr. [[Angus Sutherland]] —<br />
::That this meeting deems it necessary to collect subscriptions for the purpose of offering a reward for the conviction of the murderer or murderers and defraying all other expenses connected with the prosecution of the case.<br />
::Mr. Kennedy, in moving this resolution, made an eloquent and powerful speech. The motion was also carried without one dissentient voice.<br />
::Number four, moved by Mr. [[Stephen Cumming]], seconded by Mr. Blair —<br />
::That a committee of seven be appointed, to carry out the views of the meeting, as embodied in the foregoing resolutions, and that [[Peter Lalor]], James R. Thomson, John W. Gray, Thomas D. Wanliss, [[William Corkhill]], Alexander M. P. Grant and [[Archibald Carmichael]] form said committee, with power to add to their number. Three to form a quorum.<br />
::Carried unanimously.<br />
::[[File:M14070-bentleys-wiki.jpg.jpg|1000px|thumb|left|''Riot at Bentley's Hotel '']]<br />
:It is impossible to exaggerate the unanimity displayed by the meeting: the vast assemblage seemed animated by one desired. After the meeting was dissolved a number proceeded towards Bentley's hotel, and were immediately followed by the Commissioners and some mounted troopers. It is a matter of speculation whether the meeting would not have dispersed peaceably had this course not been taken by the authorities. When the horsemen were seen to proceed towards the hotel, numbers that were then on their way home arrested their steps to see what "was up." The police being very unpopular on account of their late numerous license "raids," came in for the first share of public wrath. They were "joeyed" most perseveringly. The first proceedings against the hotel were of a very simple nature, gravel being "chucked" at the windows; but after a few panes of glass were broken the appetite for destruction seemed to increase, and a continued shower of stones, bottle, and billets of wood, was kept up on the building till every window was broken. About twenty minutes after the commencement of the fray Bentley, without hat or coat, escaped on horseback from the back yard, galloped to the Camp at a great rate, pursued by the execrations of the multitude. About this time an additional body of troopers was ordered up by Captain Evans, who exercised great discretion at this critical period, and several orderlies were despatched to the Camp to hasten the arrival of the [[Military]]. Meanwhile the work of destruction went on rapidly, and it became evident that the total destruction of the building was determined on. The mob got inside and began to destroy the furniture. On the arrival of the military a strong party was stationed in the bowling-alley, behind the main building, but the mob were so daring and determined as completely to defy them.<br />
:About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building, in the presence of the [[Military]]. The cool and resolute manner in which every-thing was carried on, resembled more the proceedings of the "Porteus mob" than of anything of the kind that has occurred since. When the building was fired, they immediately upset the water-cask, to prevent it from being used in extinguishing the flames. Some having rolled out a cask of porter with the intention of drinking it, others staved it in, and spilled the contents on the ground. A blackfellow being detected stealing a ball belonging to the bowling-alley was severely punished, and the ball thrown into the flames.<br />
:The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile, in the main building the furniture was being completely destroyed. Several members of the establishment endeavored to save some of the articles, by throwing them out of the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was, however, respected and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. One fellow got hold of Mrs. Bentley's jewel-box, and with an exclamation about the box, pitched it into the flames. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel.<br />
:"Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel, also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence, and threw it into the flames. A dray and shay-cart were also run into the flames. It being stated that the latter did not belong to Mr. Bentley, it was at some risk rescued; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed. <br />
[[File:1996.65 - Doudiet - The Old Tent (Specimen Hill)-wiki.jpg|1000px|thumb|right|Charles A. Doudiet, ''The Old Tent - BALLARAT (Specimen Hill (Tents), circa 1854, watercolour, pen and ink on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]]]<br />
:About three hours after the commencement of the proceedings, and about two hours after the first application of fire, there remained nothing of the once only too famous [[Eureka Hotel]] but the glowing embers and the dismantled chimneys. <br />
:When all the property of the obnoxious Bentley had been destroyed, the cool, determined spirit of vengeance which had hitherto marked the proceedings gave way to the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits with as much eagerness as could have been displayed on another [[Golden Point]] or [[Specimen Hill]].<br />
:There was only one man taken by the police, and he was rescued on the way to the Camp. Great excitement prevailed in the Camp last night. Several reports came, to the effect that the diggers were coming in great strength to take Mr. Bentley, and there was a force under arms all night.<br />
:The administration of justice, it is apparent, has received a severe blow in this district; and it is entirely to be attributed to the inconsistent, and, to the public, insulting decision of the Bench on Thursday last. With the evidence brought before them, and aware, moreover, of the well-known character of Mr. Bentley's establishment, to decide "that there was not the shadow of a case against him, and that he was honorably discharged," seemed to the public so inconsistent with facts, and so contrary to justice, as to excite a universal feeling of indignation, which found vent in the terrible outburst of yesterday.<br />
:A petition to His Excellency Sir [[Charles Hotham]], requesting him to institute another investigation into the case, is about to be sent round for signature. I enclose a copy.<br />
:The late [[James Scobie]], whose unfortunate death has given rise to all these proceedings, was a native of [[Scotland]], and was much respected throughout these diggings. I understand that he was related, being either first or second cousin to Captain Hall, who was so well known in the Chinese war, and who has lately been distinguishing himself so much by his gallantry in the Baltic.<br />
::To His Excellency Sir Charles Hotham, Lieutenant-Governor of the Colony of Victoria, &c, &c, &c, &c. The petition of the undersigned inhabitants of Ballaarat humbly sheweth, —<br />
::That your petitioners feeling dissatisfied with the manner in which justice has been administered in regard to the death of one [[James Scobie]], who was brutally murdered near Bentley's [[Eureka Hotel]] on the morning of the 7th inst., feel bound to lay some of the principal features of the case before your Excellency. <br />
::The deceased [[James Scobie]], in company with one [[Peter Martin]], seeing a light in the [[Eureka Hotel]] when passing about one o'clock on the above morning, sought for admission in order to have something to drink. In doing so a portion of a window was broken. Not obtaining admittance, they proceeded towards the tent of the deceased. When about eighty yards from the hotel they heard a noise behind them, and turning back to see the cause of it, Martin states they met two or three men and one woman. That one of the men had in his hand a weapon, which he supposed to be a battle-axe. The individual holding this weapon he believed to be Bentley, the landlord of the [[Eureka Hotel]]. He also heard the woman say, referring to Scobie, the deceased, "This is the man that broke the window." At this time, Martin was knocked down and rendered insensible. On recovering, he went up to deceased, whom he found unable to speak, and on assistance being brought, he was found to be quite dead.<br />
::It may be necessary to inform your Excellency that the night was perfectly clear and moonlight.<br />
::Between the [[Eureka Hotel]] and the spot where Scobie was murdered, and within about twenty- five yards of and almost directly opposite to a back entrance of the hotel, lives a woman and her son named Walshe. The boy is about ten years old, and remarkably intelligent. He deposed that having heard two men pass the tent, he very shortly afterwards heard two or three men and a woman follow, apparently coming from the hotel, or some place near to it. Looking through a hole in the tent, he saw two men, one much stouter than the other; the stouter man he believed to be Bentley. That he heard one of the party lift something, which he susposed to be a spade, from a corner of the tent. Shortly afterwards he heard a voice say, "How dare you break my window?" or to that effect. Then he heard a scuffle, and a blow given. He swears to the best of his knowledge and belief, that the voice was that of Bentley's wife. The parties returning towards the [[Eureka Hotel]] dropped the supposed spade. He then saw them proceed towards a back door of the [[Eureka Hotel]]. The boy's mother swears distinctly that she heard a voice say, "How dare you break my window?" and to the best of her belief this was the voice of Bentley's wife. In every other particular she corroborates the evidence of her son.<br />
::The evidence of these three witnesses was given with great reserve and caution, and therefore in the opinion of your petitioners is entitled to particular weight and consideration.<br />
::Your petitioners consider that the evident tendency of these impartial depositions is to implicate Bentley, his wife, and some person or persons connected with the [[Eureka Hotel]].<br />
::The only evidence brought forward to exonerate them was that of the men named [[George Bassar]], [[Everett Gud]], and [[Henry Green]].<br />
::George Bassar is a butcher, living near Bentley's hotel. The value of this witness's evidence may be known by the fact of his positively swearing "that no person could leave the hotel without his seeing them." Yet, on cross-examination, he was obliged to confess that persons could go in and out of the back door without his knowledge.<br />
::[[Everett Gud]], the second witness, is the reputed brother-in-law of Bentley, manager of his bar and bowling alley, and lives in the hotel, and of course liable to suspicion, as one concerned in the murder.<br />
::The third witness, [[Henry Green]], has for a considerable time been an inmate of the hotel, and was there on the night of the murder, and of course equally liable to suspicion. <br />
::The coroner's inquest was held on the day of the murder. Your petitioners being dissatisfied with the proceedings at that inquest, a number of them waited upon the authorities the following day, in order to have a further inquiry. On the following morning, Bentley and two other members of his establishment were arrested, admitted to bail, and the case remanded for three days. During this period, the accused parties and their witnesses had every opportunity of communicating with each other. The decision of the Bench of Magistrates was, that "There is not the shadow of a case against Mr. Bentley, and that he was honorably discharged." <br />
::The other accused were also discharged at same time.<br />
::Your petitioners are strongly of opinion, that instead of the magistrates dismissing the case, it should have been sent before a jury. Your petitioners are borne out in this view of the case by the authority of Lord Denman, (Magistrates' Manual, page 21,) who states, "if witnesses for the defence contradict those for the prosecution in material points, then the case would be properly sent to a jury to ascertain the truth of the statements of each party." <br />
::Your petitioners beg to state, that not only the decision, but also the manner in which the case was conducted, both by the magistrates, and the coroner, has strongly tended to destroy the confidence hitherto placed in them by the public.<br />
::Your petitioners humbly trust that your Excellency will direct the necessary measures to be taken, to have a further and more satisfactory investigation of the case, and at the same time, beg to express a hope, that in order to elicit the truth, and further the ends of justice, your Excellency will direct a suitable reward to be offered for the conviction of the murderers.<br />
::Trusting that your Excellency will be pleased to attribute the object of your petitioners to its real motive, namely a love of order and justice, and that your Excellency will graciously grant their request.<br />
::Your petitioners, as in duty bound, will ever pray, &c.<ref>The Argus, 23 October 1854.</ref> <br />
<br />
[[File:I05527-p0000-000001-0080-010-028.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
And this deponent [[John McEvoy]] on his oath saith I am color Sergeant of the fortieth regiment . <br />
I was present at the riot on the seventeenth Inst. At the [[Eureka Hotel]]. Immediately my party were drawn up I saw McIntyre in a window convenient to Mr. Rede the Commissioner He seemed to be endeavouring to excite the people by advising them to take the law into their own hands my detachment was afterwards marched round to the bowling alley In this building I should ]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-029.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
say there were twenty five people. We were ordered by Mr. Rede to clear the people out. At the front of the building where I entered I came in contact with the Prisoner He was in a stooping posture in the act of taking a board from the panel I gently pushed my fire lock against him and ordered him out which he did quietly I saw him again in about half an hour after that He seemed to be saving some property – I believe it was a bass viola.]]<br />
<br />
[[File:I05527-p0000-000001-0080-010-030.jpg|800px|thumb|right|"Depositions of witnesses - McEvoy, October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 80<br />
<br/><br />
<br/><br />
By Prisoners Attorney – I could hear one or two words when he was addressing the people I heard him say let us take law after that I was not paying attention to what he said. <br />
[[John McEvoy]] Sergeant 40th Regiment <br />
Sworn before us at Ballarat this (signatures George illegible) 21st October 1854 ]]<br />
<br />
<br />
:BALLAARAT RIOTS – Bentley’s Hotel - Mr Humffray moved, pursuant to notice, That a select Committee be appointed to enquire into the claims for compensation arising out of the losses alleged to have been sustained at the time of or in connection with the destruction of Bentley’s Hotel, on Ballaarat, with power to take evidence and examine all books, petitions, reports, or other documents relating thereto, now in the hands of the Government, and that the following gentlemen be appointed to act on the Committee – Mr Haines, Mr Greeves, Mr Stawell, Mr Pyke, Mr Michie, Mr Horne, Mr Grant, Mr Brooke, Mr Sargood, and the Mover. <ref>'''Victorian Votes & Proceedings of the Legislative Assembly''', 2 December 1856</ref><br />
<br />
<br />
:OUTBREAK OF THE DIGGERS AT BALLARAT, AND BURNING OF THE EUREKA HOTEL.<br />
:(Melbourne Morning Herald, October 20.)<br />
:The readers of the Herald are already aware of the perpetration of a foul and mysterious murder some few nights ago, near the [[Eureka Hotel]], Ballarat, of which James F. Bentley, a reputed wealthy man, is the land-lord. The moment the circumstances at tending the tragedy became known a strong suspicion was created in the minds of a large number of the diggers that Bentley, his wife and the barman (Mooney), were more or less implicated in it, and a long report of a Police Office investigation, in which the suspected parties were acquitted by the presiding Justices, appeared in our yesterday's publication. At the date of our correspondent's last letter (Monday afternoon), the mining population seemed both discontented and dissatisfied at the magisterial verdict, and there were all the premonitory symptoms of an approaching storm. We now regret to say, that the worst has come at last, that the diggers have risen by thousands, set law and order at defiance, and resolved upon sacrificing Bentley, and being disappointed in their intentions, set fire to his hotel, reducing it and all it contained to a heap of ashes The intelligence was received in town, per Government Express, at an early hour yesterday morning, and in order to guard against any renewed outrage, a number of mounted troopers from Richmond, and some twenty- five or thirty of the city police, received orders to set out instanter for the scene of action. The facts, as far as we have been able to ascertain, are thus : — After the result of the enquiry became known, the diggers decided upon holding a monster meeting on the spot where, the body of the murdered man was found ; and accordingly this gathering came off on Tuesday, when strong addresses were delivered, and the supposed authors of the bloody deed denounced. The meeting, after adopting several resolutions, broke up, but any observant spectator might easily guess that a deep feeling of vengeance still lingered in the minds of the multitude. The aspect of things, however, appeared to clear up a little, and nothing farther happened until alter nightfall; when an immense concourse of persons (estimated at between 8000, and 10,000) surrounded the [[Eureka Hotel]], resolved, in the first instance, if they could lay hold of the execrated Bentley to hang him without judge or jury. So far they were doomed to disappointment, for Bentley very discreetly succeeded in escaping to the Commissioner's, camp, and by that means was saved from destruction. The infuriated mob, determined upon having some satisfaction, commenced an attack upon the house, which was soon enveloped in flames and finally destroyed, As a matter of course all the resources available at the Camp were brought into requisition to keep the peace, but to no purpose — for Commissioners, J.Ps., inspectors, [[Military]], and policemen could do nothing against such overwhelming numbers, and were therefore compelled to act the part of passive spectators of the extraordinary doings before their eyes. The Commissioners remonstrated several times with the attacking parties, and were very coolly told to mind themselves, and interfere no further ; that they (the diggers) did not wish to molest or come into collision with the authorities provided they were allowed to pursue their own course. Still, in order to leave no possible means of persuasion untried, when the house was in flames, Mr. Commissioner Rede might be seen addressing the people from one of its windows, and in his blazing rostrum beseeching them (in vain) to desist in their infuriated career. Mr. Commissioner Amos also very praiseworthily exerted himself to a similar purpose, but all their warnings and admonitions were in vain. Even when the mob were found bent on the annihilation of the hotel, the police and Camp followers succeeded in removing the furniture and some other articles of property beyond the reach of the fire, but the moment they did so, the moveables were piled in a heap, ignited and very soon converted into cinders. Having at length to some extent appeased their resentment, the thousands dispersed, and nothing of further note happened up to Wednesday afternoon. Such are all the particulars of which we are as yet aware. The narrative of the lamentable occurrence is probably to a certain extent deficient in many minor particulars, but no doubt to-day or tomorrow will place us in possession of ampler details.<ref>Freeman's Journal, 28 October 1854.</ref><br />
[[File:Eureka HOtel2-wiki.jpg|600px|thumb|right|''Day's Eureka Hotel, 1888''. This hotel was built after the burning of Bentley's Eureka Hotel in 1854. Ballarat Heritage Services Picture Collection]]<br />
== Location of the Eureka Hotel ==<br />
<br />
:Ballarat's Oldest Residents<br />
:One question asked at a meeting of Ballarat Historical Society was: "Who is the oldest living miner in Ballarat?"<br />
:Mr. N. F. Spielvogel (president) said that he was Mr. Joseph Oringe, Ligar street, who was 97 years of age. As a lad he was employed as a whim boy at Post Office mine, Ballarat East.<br />
:Another question sought the identity of the oldest industry in Ballarat. This was stated to be Foord's bacon works, founded by John Foord in 1856 on its present site in Eureka street, opposite where Bentley's Hotel stood. That hotel was burned in sensational circumstances prior to Eureka.<br />
:The second oldest firm was stated to bee that of John Hollway, tinsmith, Armstrong street, established in 1857.<ref>''Port Pirrie Recorder'', 21 October 1939.</ref><br />
<br />
<br />
:James Oddie begs to inform the public, that having obtained an Auctioneer's License, he is, from his long and extensive knowledge of the Ballarat district, its buisiness and mining population favorably situated for the Sale of Land, and every other description of property, trusts, that by attention and puncuality to his orders, to merit pubilc patronage. Place of business for the present, at his late Store, near Bentley's [[Eureka Hotel]].<ref>Ballarat Times, 21 October 1854.</ref><br />
<br />
== Report from the Select Committee Upon Ballaarat [i.e. Ballarat] riots - Bentley's Hotel : together with the proceedings of Committee and minutes of evidence ==<br />
<br />
On 23rd Dec. 1857 Mr. Humffray moved that the Select Committee on the Ballaarat Riots be re-appointed to inquire into claims for compensation arising out of losses allegedly sustained in connection with the destruction of Bentley's Hotel Ballaarat - with power to take evidence and examine all books, petitions, reports or other documents in the custody of the Government<br />
Committee comprised: John Humffray (Chairman), [[William Haines]], [[Archibald Michie]], [[Charles Ebden]], [[Augustus Greeves]], [[George Horne]], [[John O'Shannassy]], [[George Harker]], [[Daniel Campbell]], John Dennistoun Wood and Dr John Downes Owens.<br />
Witnesses examined: [[Robert Rede]] (Resident Commissioner Gold Fields Ballarat Oct. 1854), Gilbert Andrew Amos, Charles Jeffreys [i.e. Jeffries] Carter (former sub-inspector of police), George Crossley Smith, [[Agnes Smith]], Maurice Frederick Ximenes (former sup-inspector of police), [[Gordon Evans]] (inspector in charge of police Ballaarat district at time of riot) and [[Charles Dyte]] (auctioneer & commission agent Ballaarat)<br />
Schedule A comprises a list of 11 claims for compensation for losses sustained in the Ballaarat Riot on 17th October 1854 from [[George Waterson]], [[Augustus Miell]], D[avid] and W. Wallace, [[Samuel Waldock]], [[Henry Harris]], E. F. [i.e. Edward Alexander] West, [[Charles Smith]], [[Michael Walsh]], [[Charles Dyte]], G[eorge] C[rossley] Smith and [[Isaac Rigby]]<br />
Schedule B comprises a list of creditors on Bentley's estate including the Bank of New South Wales, the Union Bank, [[Thomas Bath]], F. E. Beaver MLA, [[Mark Folk]] and [[Isaac Lazarus]], [[John Ettershank]], [[Stephen Holgate]], [[William Jaglestone]], [[John Rutherford]], [[James Tingeman]], [[Charles Morgan]], Patricius William Welch and Dr. Carr<br />
Schedule E comprises a list of 8 servants' wages and moneys due on building contracts including Patrick Hanlon [i.e. Hanlan], [[Michael McDermott]], [[Donald Ross]], [[James Donnelly]], [[Roderick Ross]], [[Charles Smith]], [[George Waterson]] and [[Isaac Rigby]].<br />
Shedule D comprises claim by J. F. Bentley and wife for the sum of £29,750, being the ascertained value of the hotel, outbuildings and stock in trade, all of which were destroyed in the riot.<br />
The Committee recommended payment or part payment of the claims of D. and W. Wallace and [[Michael Walsh]] only and opined that most remaining claims be disallowed. It did award £150.00 to Dr. Alfred Yates Carr (who had claimed £126 and 1000 guineas for professional services rendered by him to the wounded at the time of the [[Eureka Stockade]] riot and who subsequently himself came under the care of Robert Bowie, Surgeon Superintendent of the Yarra Bend Lunatic Asylum, who petitioned the Government on his behalf in September 1857).</ref>http://www.parliament.vic.gov.au/vufind/Record/41968, accessed 09 February 2016.</ref><br />
<br />
== Also See ==<br />
<br />
[[Gilbert Amos]] <br />
<br />
[[James Bentley]]<br />
<br />
[[Catherine Bentley]]<br />
<br />
[[Alfred Carr]]<br />
<br />
[[Charles Dyte]]<br />
<br />
[[Eyewitnesses]]<br />
<br />
[[Fleury's Band]]<br />
<br />
[[Archibald Michie]]<br />
<br />
[[Thomas Mooney]]<br />
<br />
[[Robert Rede]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Charles Smith]]<br />
<br />
[[Maurice Ximenes]]<br />
<br />
[[James Scobie]]<br />
<br />
[[Scobie's Murder]]<br />
<br />
For Forms, Evidence and Depositions in relation to the [[James Scobie]] trial click the following link [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
<br />
== References ==<br />
<References/><br />
<br />
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----<br />
<br />
Cite this page - http://www.eurekapedia.org/index.php?title=Special:CiteThisPage&page=James_Bentley&id=18086<br />
<br />
<br />
== Also See ==<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Eureka Timeline]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Sites&diff=26319Sites2020-08-11T03:25:28Z<p>DWickham: /* Locations */</p>
<hr />
<div>[[File:SLV-25126.jpg|1000px|thumb|right|''Travelling to the Diggings, the Keilor Plains''. Victoria by John A. Gilfillan. State Library of Victoria Collection (H25126)]]<br />
[[File:GILL ST - Ballaarat Flat from the Black Hill - 2004.111-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Ballaarat Flat, from the Black Hill - 1855,'' lithograph on paper.<br>Art Gallery of Ballarat, Ronald Wrigley Estate, 1979.]]<br />
[[File:1853 map 72dpi.jpg|1000px|thumb|right|Early Map of Ballarat East Diggings showing location of some hotels along Main Road (also known as Plank Road or Geelong Road).<br>VPRS 4775 Unit 25]]<br />
[[File:WINKLES Henry - Inside tent - 2004.144-wiki.jpg|1000px|thumb|right|Henry Winkles, ''Untitled [inside view of tent], '' 1850s, watercolour, pencil on paper. <br>Courtesy Art Gallery of Ballarat, Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.]]<br />
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==Locations==<br />
<br />
[[Bakery Hill]]<br />
<br />
[[Ballaarat Old Cemetery]]<br />
<br />
[[Ballan]]<br />
<br />
[[Black Hill]]<br />
<br />
[[Brown Hill]]<br />
<br />
[[Caledonian Reef]]<br />
<br />
[[Canadian Gully]]<br />
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[[Clayton's Hill]]<br />
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[[Cobb's Corner]]<br />
<br />
[[Creswick Creek]]<br />
<br />
[[Doveton Street]]<br />
<br />
[[Essendon]]<br />
<br />
[[Eureka Government Camp]]<br />
<br />
[[Eureka Lead]]<br />
<br />
[[Eureka Reserve]]<br />
<br />
[[Eureka Stockade]]<br />
<br />
[[Eureka Stockade Memorial Park]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Eureka Monument]]<br />
<br />
[[Eureka Railway Line]]<br />
<br />
[[Eureka Stockade Centre]]<br />
<br />
[[Forest Creek]]<br />
<br />
[[Gnarr Gully]]<br />
<br />
[[Golden Point]]<br />
<br />
[[Government Camp, Camp Street]], Ballarat<br />
<br />
[[Government House]], Melbourne<br />
<br />
[[Gravel Pits]]<br />
<br />
[[Heathcote]]<br />
<br />
[[Lake Penhalluriack]]<br />
<br />
[[Leigh Creek]]<br />
<br />
[[London Inn Hotel]], Portland<br />
<br />
[[Main Road, Ballarat East]]<br />
<br />
[[McIvor Diggings]]<br />
<br />
[[Melbourne Gaol]]<br />
<br />
[[Melbourne Road]]<br />
<br />
[[Mount Pleasant]]<br />
<br />
[[Museum of Australian Democracy at Eureka]] (M.A.D.E.)<br />
<br />
[[Nuggetty Gully]]<br />
<br />
[[Penny Weight Flat Cemetery]]<br />
<br />
[[Post Office Hill]]<br />
<br />
[[Red Hill]]<br />
<br />
[[Rowe's Circus]]<br />
<br />
[[Sebastopol Hill]]<br />
<br />
[[Sinclair's Hill]]<br />
<br />
[[Slatey Creek]]<br />
<br />
[[Soldiers Hill]]<br />
<br />
[[Specimen Hill]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Stockyard Hill]]<br />
<br />
[[Tarnagulla]]<br />
<br />
[[Theatre Royal]]<br />
<br />
[[Yarrowee Creek]]<br />
<br />
==Streets==<br />
[[Belford Street]]<br />
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[[Doveton Street]] Ballarat and Castlemaine<br />
<br />
==Churches==<br />
<br />
[[St Alipius]]<br />
<br />
[[St Paul's Cathedral, Melbourne]]<br />
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==Businesses==<br />
[[Criterion Bread Factory]]<br />
<br />
<br />
==Hotels==<br />
[[Adelphi Hotel]]<br />
<br />
[[Adelphi Theatre]]<br />
<br />
[[Albion Hotel]] <br />
<br />
[[Australia Felix]]<br />
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[[Bath's Hotel]]<br />
<br />
Bentley's [[Eureka Hotel]]<br />
<br />
[[Charlie Napier Hotel]]<br />
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[[Craig's Hotel]]<br />
<br />
[[Duchess of Kent Hotel]]<br />
<br />
[[Eureka Hotel]]<br />
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[[Excelsior Restaurant and Boarding House]]<br />
<br />
[[Free Trade Hotel]]<br />
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[[George Hotel]]<br />
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[[Loddon Hotel]]<br />
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[[London Hotel]]<br />
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[[Montezuma Hotel]]<br />
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[[Old Kaiser Hotel]]<br />
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[[Prince Albert Hotel]]<br />
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[[Rock of Cashel]]<br />
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[[Royal Hotel]]<br />
<br />
[[Royal Mail]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Unicorn Hotel]]<br />
<br />
[[United States Hotel]]<br />
<br />
[[Washington Hotel]]<br />
<br />
[[Waterloo Coffee House]]<br />
<br />
[[Werribee Hunt Hotel]]<br />
<br />
==References==</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Sites&diff=26318Sites2020-08-11T03:25:05Z<p>DWickham: /* Locations */</p>
<hr />
<div>[[File:SLV-25126.jpg|1000px|thumb|right|''Travelling to the Diggings, the Keilor Plains''. Victoria by John A. Gilfillan. State Library of Victoria Collection (H25126)]]<br />
[[File:GILL ST - Ballaarat Flat from the Black Hill - 2004.111-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Ballaarat Flat, from the Black Hill - 1855,'' lithograph on paper.<br>Art Gallery of Ballarat, Ronald Wrigley Estate, 1979.]]<br />
[[File:1853 map 72dpi.jpg|1000px|thumb|right|Early Map of Ballarat East Diggings showing location of some hotels along Main Road (also known as Plank Road or Geelong Road).<br>VPRS 4775 Unit 25]]<br />
[[File:WINKLES Henry - Inside tent - 2004.144-wiki.jpg|1000px|thumb|right|Henry Winkles, ''Untitled [inside view of tent], '' 1850s, watercolour, pencil on paper. <br>Courtesy Art Gallery of Ballarat, Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.]]<br />
<br />
==Locations==<br />
<br />
[[Bakery Hill]]<br />
<br />
[[Ballaarat Old Cemetery]]<br />
<br />
[[Ballan]]<br />
<br />
[[Black Hill]]<br />
<br />
[[Brown Hill]]<br />
<br />
[[Caledonian Reef]]<br />
<br />
[[Canadian Gully]]<br />
<br />
[[Charlie Napier Hotel]]<br />
<br />
[[Clayton's Hill]]<br />
<br />
[[Cobb's Corner]]<br />
<br />
[[Creswick Creek]]<br />
<br />
[[Doveton Street]]<br />
<br />
[[Essendon]]<br />
<br />
[[Eureka Government Camp]]<br />
<br />
[[Eureka Lead]]<br />
<br />
[[Eureka Reserve]]<br />
<br />
[[Eureka Stockade]]<br />
<br />
[[Eureka Stockade Memorial Park]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Eureka Monument]]<br />
<br />
[[Eureka Railway Line]]<br />
<br />
[[Eureka Stockade Centre]]<br />
<br />
[[Forest Creek]]<br />
<br />
[[Gnarr Gully]]<br />
<br />
[[Golden Point]]<br />
<br />
[[Government Camp, Camp Street]], Ballarat<br />
<br />
[[Government House]], Melbourne<br />
<br />
[[Gravel Pits]]<br />
<br />
[[Heathcote]]<br />
<br />
[[Lake Penhalluriack]]<br />
<br />
[[Leigh Creek]]<br />
<br />
[[London Inn Hotel]], Portland<br />
<br />
[[Main Road, Ballarat East]]<br />
<br />
[[McIvor Diggings]]<br />
<br />
[[Melbourne Gaol]]<br />
<br />
[[Melbourne Road]]<br />
<br />
[[Mount Pleasant]]<br />
<br />
[[Museum of Australian Democracy at Eureka]] (M.A.D.E.)<br />
<br />
[[Nuggetty Gully]]<br />
<br />
[[Penny Weight Flat Cemetery]]<br />
<br />
[[Post Office Hill]]<br />
<br />
[[Red Hill]]<br />
<br />
[[Rowe's Circus]]<br />
<br />
[[Sebastopol Hill]]<br />
<br />
[[Sinclair's Hill]]<br />
<br />
[[Slatey Creek]]<br />
<br />
[[Soldiers Hill]]<br />
<br />
[[Specimen Hill]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Stockyard Hill]]<br />
<br />
[[Tarnagulla]]<br />
<br />
[[Theatre Royal]]<br />
<br />
[[Yarrowee Creek]]<br />
<br />
==Streets==<br />
[[Belford Street]]<br />
<br />
[[Doveton Street]] Ballarat and Castlemaine<br />
<br />
==Churches==<br />
<br />
[[St Alipius]]<br />
<br />
[[St Paul's Cathedral, Melbourne]]<br />
<br />
<br />
==Businesses==<br />
[[Criterion Bread Factory]]<br />
<br />
<br />
==Hotels==<br />
[[Adelphi Hotel]]<br />
<br />
[[Adelphi Theatre]]<br />
<br />
[[Albion Hotel]] <br />
<br />
[[Australia Felix]]<br />
<br />
[[Bath's Hotel]]<br />
<br />
Bentley's [[Eureka Hotel]]<br />
<br />
[[Charlie Napier Hotel]]<br />
<br />
[[Craig's Hotel]]<br />
<br />
[[Duchess of Kent Hotel]]<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Excelsior Restaurant and Boarding House]]<br />
<br />
[[Free Trade Hotel]]<br />
<br />
[[George Hotel]]<br />
<br />
[[Loddon Hotel]]<br />
<br />
[[London Hotel]]<br />
<br />
[[Montezuma Hotel]]<br />
<br />
[[Old Kaiser Hotel]]<br />
<br />
[[Prince Albert Hotel]]<br />
<br />
[[Rock of Cashel]]<br />
<br />
[[Royal Hotel]]<br />
<br />
[[Royal Mail]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Unicorn Hotel]]<br />
<br />
[[United States Hotel]]<br />
<br />
[[Washington Hotel]]<br />
<br />
[[Waterloo Coffee House]]<br />
<br />
[[Werribee Hunt Hotel]]<br />
<br />
==References==</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Sites&diff=26317Sites2020-08-11T03:24:28Z<p>DWickham: /* Locations */</p>
<hr />
<div>[[File:SLV-25126.jpg|1000px|thumb|right|''Travelling to the Diggings, the Keilor Plains''. Victoria by John A. Gilfillan. State Library of Victoria Collection (H25126)]]<br />
[[File:GILL ST - Ballaarat Flat from the Black Hill - 2004.111-wiki.jpg|1000px|thumb|right|Samuel Thomas Gill, ''Ballaarat Flat, from the Black Hill - 1855,'' lithograph on paper.<br>Art Gallery of Ballarat, Ronald Wrigley Estate, 1979.]]<br />
[[File:1853 map 72dpi.jpg|1000px|thumb|right|Early Map of Ballarat East Diggings showing location of some hotels along Main Road (also known as Plank Road or Geelong Road).<br>VPRS 4775 Unit 25]]<br />
[[File:WINKLES Henry - Inside tent - 2004.144-wiki.jpg|1000px|thumb|right|Henry Winkles, ''Untitled [inside view of tent], '' 1850s, watercolour, pencil on paper. <br>Courtesy Art Gallery of Ballarat, Purchased with funds from the Colin Hicks Caldwell Bequest, 2004.]]<br />
<br />
==Locations==<br />
<br />
[[Bakery Hill]]<br />
<br />
[[Ballaarat Old Cemetery]]<br />
<br />
[[Ballan]]<br />
<br />
[[Black Hill]]<br />
<br />
[[Brown Hill]]<br />
<br />
[[Caledonian Reef]]<br />
<br />
[[Canadian Gully]]<br />
<br />
[[Clayton's Hill]]<br />
<br />
[[Cobb's Corner]]<br />
<br />
[[Creswick Creek]]<br />
<br />
[[Doveton Street]]<br />
<br />
[[Essendon]]<br />
<br />
[[Eureka Government Camp]]<br />
<br />
[[Eureka Lead]]<br />
<br />
[[Eureka Reserve]]<br />
<br />
[[Eureka Stockade]]<br />
<br />
[[Eureka Stockade Memorial Park]]<br />
<br />
[[Eureka Timeline]]<br />
<br />
[[Eureka Monument]]<br />
<br />
[[Eureka Railway Line]]<br />
<br />
[[Eureka Stockade Centre]]<br />
<br />
[[Forest Creek]]<br />
<br />
[[Gnarr Gully]]<br />
<br />
[[Golden Point]]<br />
<br />
[[Government Camp, Camp Street]], Ballarat<br />
<br />
[[Government House]], Melbourne<br />
<br />
[[Gravel Pits]]<br />
<br />
[[Heathcote]]<br />
<br />
[[Lake Penhalluriack]]<br />
<br />
[[Leigh Creek]]<br />
<br />
[[London Inn Hotel]], Portland<br />
<br />
[[Main Road, Ballarat East]]<br />
<br />
[[McIvor Diggings]]<br />
<br />
[[Melbourne Gaol]]<br />
<br />
[[Melbourne Road]]<br />
<br />
[[Mount Pleasant]]<br />
<br />
[[Museum of Australian Democracy at Eureka]] (M.A.D.E.)<br />
<br />
[[Nuggetty Gully]]<br />
<br />
[[Penny Weight Flat Cemetery]]<br />
<br />
[[Post Office Hill]]<br />
<br />
[[Red Hill]]<br />
<br />
[[Rowe's Circus]]<br />
<br />
[[Sebastopol Hill]]<br />
<br />
[[Sinclair's Hill]]<br />
<br />
[[Slatey Creek]]<br />
<br />
[[Soldiers Hill]]<br />
<br />
[[Specimen Hill]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Stockyard Hill]]<br />
<br />
[[Tarnagulla]]<br />
<br />
[[Theatre Royal]]<br />
<br />
[[Yarrowee Creek]]<br />
<br />
==Streets==<br />
[[Belford Street]]<br />
<br />
[[Doveton Street]] Ballarat and Castlemaine<br />
<br />
==Churches==<br />
<br />
[[St Alipius]]<br />
<br />
[[St Paul's Cathedral, Melbourne]]<br />
<br />
<br />
==Businesses==<br />
[[Criterion Bread Factory]]<br />
<br />
<br />
==Hotels==<br />
[[Adelphi Hotel]]<br />
<br />
[[Adelphi Theatre]]<br />
<br />
[[Albion Hotel]] <br />
<br />
[[Australia Felix]]<br />
<br />
[[Bath's Hotel]]<br />
<br />
Bentley's [[Eureka Hotel]]<br />
<br />
[[Charlie Napier Hotel]]<br />
<br />
[[Craig's Hotel]]<br />
<br />
[[Duchess of Kent Hotel]]<br />
<br />
[[Eureka Hotel]]<br />
<br />
[[Excelsior Restaurant and Boarding House]]<br />
<br />
[[Free Trade Hotel]]<br />
<br />
[[George Hotel]]<br />
<br />
[[Loddon Hotel]]<br />
<br />
[[London Hotel]]<br />
<br />
[[Montezuma Hotel]]<br />
<br />
[[Old Kaiser Hotel]]<br />
<br />
[[Prince Albert Hotel]]<br />
<br />
[[Rock of Cashel]]<br />
<br />
[[Royal Hotel]]<br />
<br />
[[Royal Mail]]<br />
<br />
[[Star Hotel]]<br />
<br />
[[Unicorn Hotel]]<br />
<br />
[[United States Hotel]]<br />
<br />
[[Washington Hotel]]<br />
<br />
[[Waterloo Coffee House]]<br />
<br />
[[Werribee Hunt Hotel]]<br />
<br />
==References==</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26316Official Documents2020-08-11T03:23:21Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== Scobie's Inquest ==<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26315Official Documents2020-08-11T03:20:38Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== Scobie's Inquest ==<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|left|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|left|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|left|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26314Official Documents2020-08-11T03:17:56Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
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[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== Scobie's Inquest ==<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
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<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
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[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26313Official Documents2020-08-11T03:17:23Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
<br />
== Scobie's Inquest ==<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26312Official Documents2020-08-11T03:16:09Z<p>DWickham: /* Scobie's Inquest */</p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
== Scobie's Inquest ==<br />
<br />
'''07 October 1854'''<br />
<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26311Official Documents2020-08-11T03:15:41Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
== Scobie's Inquest ==<br />
<br />
'''07 October 1854'''<br />
On the afternoon of 7 October 1854 Coroner David John Williams held an inquest into the death of James Scobie. Twelve jurors (many of whom had known Scobie) heard evidence and depositions, including forensic evidence from Dr Carr. During the inquest the Coroner was observed interrupting the proceedings on a fairly regular basis, and many questioned his decision to allow the [[Eureka Hotel]] proprietor, [[James Bentley]], to cross-examine ten year old witness [[Bernard Welch]]; [[Peter Lalor]] saw Bentley talking to the Coroner while the jurors were deciding on a verdict.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Bentley and his staff [[Thomas Mooney]], the hotel watchman; [[Thomas Farrell]], a clerk; and barman [[William Duncan]] denied taking part in the murder but agreed that two men did come knocking after midnight.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Ten year old [[Bernard Welch]]'s eyewitness account contradicted Bentley, Mooney and Farrell. [[Mary Ann Welch]], Bernard’s mother, had also heard noises outside her tent:<br />
<br />
:‘My son the last witness and I had some conversation last night when we were disturbed during which I said I wonder if those voices are the voices of Mr or Mrs Bentley.’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury found there was not enough evidence against Bentley so the matter was adjourned. Several were unsatisfied with the proceedings and the verdict. ''Peter Lalor'' and several others formed a committee to further investigate the proceedings of the inquest.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
'''12 October 1854'''<br />
<br />
The pressure placed on the Ballarat authorities for a further investigation into the circumstances surrounding Scobie’s death resulted in a judicial inquiry presided over by Gold Fields Commissioner [[Robert Rede]], Police Magistrate [[John Dewes]] and Assistant Commissioner Johnston on 12 October.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
== Inquest Jurors ==<br />
<br />
[[Arthur Anderson]]; [[John Gillott]]; [[Henry Green]]; [[John Fletcher]]; [[John Phelan]]; [[Walter Davis]]; [[David Richards]]; [[Duncan Henderson]]; [[John Campbell]]; [[John Haig]]; [[Hugh Meikle]]; [[James Hasseltop]]<br />
<br />
== Judicial Inquiry ==<br />
<br />
Dewes’s nefarious association with [[James Bentley]] was well known among the locals. The Police Magistrate’s financial association with Bentley had ensured that Bentley obtained the liquor licence for the [[Eureka Hotel]] without the usual red tape. Dewes’s biased attitude was demonstrated throughout the proceedings. Any witness who appeared to display an unfavourable view of Bentley was subjected to regular cross-examinations, a fact that did not fail to attract the attention of those present in the courtroom.<br />
<br />
The same deponents who had been present during the inquest now related their account of the chain of events of 6 October. According to Peter Martin’s deposition for the coroner’s inquest, he and Scobie had made their way to the hotel after noticing that the lights were still on:<br />
<br />
:Deceased went up to one of the windows and asked to get in and a blow was struck at the head of the Deceased through the window as if by a man’s hand. I was knocked down… before I could distinguish who struck me… my eyes were attracted towards him [Bentley] because he was the only person I saw with a weapon in his hand’ (PROV, VPRS 5527 Unit 1, Item 1).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
After Martin was knocked he quickly ran thirty to forty yards from the scene of the attack. Upon his return he found Scobie unconscious and after examining his friend rushed towards the nearby butcher store owned by [[Archibald Carmichael]], then went to summon Dr Carr. Upon his arrival Carr recommended the body be removed for a more thorough examination to Bentley’s [[Eureka Hotel]], where scobiewas pronounced dead.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
During the adjournment Police Constable [[John Dougherty]] and Constable [[Michael Costello]] observed Bentley entering Magistrate Dewes’s office where he remained for approximately ten minutes. Once the hearing had reconvened, Dewes and Rede announced that the accused were to be discharged. Assistant Commissioner Johnston, however, did not share this view, nor did the multitude of diggers who were expecting a finding of guilty.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
[[File:1996.59 - Doudiet - Eureka Riot 17th Octobe-wikir.jpg|1000px|thumb|right|Charles A. Doudiet, '' watercolour on paper,'' 1854, watercolour, on paper. <br>Courtesy Art Gallery of Ballarat, purchased by the Ballarat Fine Art Gallery with the assistance of many donors, 1996.]]<br />
<br />
== The Petition ==<br />
<br />
A meeting to discuss the events was organised for 17 October 1854 outside [[James Bentley]]'s [[Eureka Hotel]]. The aim was to demand for a more thorough investigation take place in front of a jury. .<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref> The meeting got out of hand, and a riot occurred at Bentley’s [[Eureka Hotel]] that afternoon, and acted as a catalyst in bringing the case of Scobie’s murder to trial. The formation of the Committee for the Prosecution of the Investigation into the Death of James Scobie had sent a petition to Lieutenant Governor Sir Charles Hotham in Melbourne:<br />
<br />
‘That your petitioners, feeling dissatisfied with the manner in which justice has been administered in regard to the death of one James Scobie who was brutally murdered near Bentley’s Hotel’ (PROV, VPRS 5527/P Unit 1, Item 6).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
Two days after the riot a reward of £500 was offered to any individual with information that could lead to the arrest and conviction of any persons involved in the death of [[James Scobie]]. [[Thomas Mooney]] was taken into custody and Detective Senior Sergeant Cummings travelled to Melbourne to apprehend Mr and Mrs Bentley.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
On 22 October the government was advised that new evidence had been brought to its attention. [[Thomas Mooney]], a witness to the murder, conceded to the authorities the circumstances surrounding Scobie’s death, and provided a detailed account of the events, implicating both the Bentleys and [[Thomas Farrell]]:<br />
<br />
:‘I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent … Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
New depositions were collected for the upcoming trial, including the additional depositions by Mary Ann Welch and her son [[Bernard Welch]]. [[Michael Welsh]], a waiter at the [[Eureka Hotel]], was also able to provide a deposition incriminating not only the Bentleys but also two of their staff members, barman [[William Duncan]] and former Chief Constable [[Thomas Farrell]], the hotel clerk. Evidence implicating a man named [[William Hance]] was also brought forward and he too was apprehended.<br />
<br />
On 27 October 1854 a letter was sent to the Governor:<br />
<br />
'':27/10/54 Ballarat 23rd Oct 1854''<br />
'':To His Excellency Sir [[Charles Hotham]] K.C.B. Lieutenant Governor of the Colony of Victoria''<br />
'':We the committee for the prosecution of the investigation into the death of the late [[James Scobie]], duly appointed at a public meeting, held here on the 17th inst do beg to forward to your Excellency the enclosed Petition.''<br />
<br />
:''Your Excellency having anticipated the object of the Petition, we desiring as much as possible to allay the excitement at present existing on these diggings have thought it unnecessary and impolitic to have signatures attached to the Petition.''<br />
<br />
:''We beg to tender our sincere thanks to your Excellency for the promptitude and vigour with which the case has been taken up by your Excellency’s Government, and which is rapidly restoring the confidence of this community in that due administration of the law, which is necessary to the preservation of society.''<br />
<br />
:''In any investigation which your Excellency may be pleased to institute into this matter, we feel confident that the conduct of the magistrates, and especially that of the coroner, will appear to your Excellency in its true light.''<br />
<br />
:''We beg to subscribe ourselves your Excellency’s most devoted and obedient servants-''<br />
: ''[[James R. Thomson]] Chairman [[Peter Lalor]] Secretary [[Thomas P. Wanliss]] Treasurer [[John Weightman Gray]] [[William Cork]] [[Alexander McP. Grant]], [[Archibald Carmichael]].''<ref>PROV, VPRS 5527 Eureka Stockade - Historical Collection P0, Unit 1.</ref><br />
[[File:Barry-SLV-H4706b.jpg|500px|thumb|right|''Redmond Barry, c1875.'' State Library of Victoria (H4706)]]<br />
== The Trial ==<br />
[[File:Stawell.jpg|500px|thumb|right|''William Stawell from Supreme Court Bench Victoria 1852-1894.'' Chuck Photorgrapher. State Library of Victoria Collection( H34675)]]<br />
The case of Queen v. James Francis Bentley, [[Catherine Bentley]], William Henry Hance and [[Thomas Farrell]] in the murder of [[James Scobie]] commenced on Saturday 18 November, in Melbourne’s Supreme Court. Judge ''Redmond Barry'' presided over the case, [[Richard Ireland]] acted as Counsel for the Bentleys, while Mr A. Michie and Mr Whipman represented [[Thomas Farrell]] and [[William Hance]] respectively. Crown Prosecutor, Attorney General W.F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. The waiter, [[Michael Welsh]], who resided at the [[Eureka Hotel]], testified that on the night of Scobie’s murder he saw the victim arguing with the accused [[William Hance]] through the broken window of the hotel. This evidence was supported by the testimony given by Mooney.<br />
<br />
In his sworn statement to the court [[Thomas Mooney]] gave a detailed account of his direct involvement in the murder of James Scobie:<br />
<br />
:‘Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell, the Clerk and Farrell both kicked Scobie while he was down…I did not strike Martin but took him by the collar and he was so drunk he fell’ (VPRS 5527/P Unit 1, Item 5).<br />
<br />
Mooney’s testimony also revealed Bentley and Farrell’s mendacious attempts to conceal the nature of what had transpired in the early hours of that morning:<br />
<br />
:‘he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away, when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the police he called me in again and again told me not to say anything more than he previously directed’ (PROV, VPRS 5527/P Unit 1, Item 5).<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
The jury took only fifteen minutes of deliberation. [[James Bentley]], [[William Hance]] and [[Thomas Farrell]] were all found guilty of manslaughter. The following Monday, 20 November, the three prisoners were each sentenced to three years hard labour on the roads. [[Catherine Bentley]], heavily pregnant at the time, was found not guilty. That very same afternoon Judge [[Redmond Barry]] was to preside over the trial of the Eureka hotel Rioters.<ref>http://prov.vic.gov.au/whats-on/exhibitions/eureka-on-trial/murder-of-james-scobie, downloaded 18 March 2013.</ref><br />
<br />
<br />
Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26310Official Documents2020-08-11T03:12:44Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26309Official Documents2020-08-11T03:12:31Z<p>DWickham: </p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70<br/><br />
Recognizance to give evidence.<br/><br />
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four [[Henry Wright]] 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 [[Henry Wright]] shall fail in the condition indorsed.<br/><br />
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me<br/><br />
EPS Sturt JP]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
== Evidence of Henry Wright ==</div>DWickhamhttp://www.eurekapedia.org/index.php?title=Official_Documents&diff=26308Official Documents2020-08-11T03:12:10Z<p>DWickham: /* Evidence of Henry Wright */</p>
<hr />
<div>Forms, Evidence and Depositions in relation to the [[James Scobie]] trial - [[Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854]]<br />
[[File:I05527-p0000-000001-0070-010-001.jpg|800px|thumb|right|"Official form on blue paper - evidence - [[Henry Wright]], trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of James Francis Bentley, 4 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-002v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[James Bentley]], 4 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-003v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Archibald Carmichael]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-004v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[William Duncan]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-005v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Barnard Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006b.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-006vb.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Thomas Mooney]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-007v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-008v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-009v-1.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-010v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Peter Martin]], 7 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
[[File:I05527-p0000-000001-0010-010-011v.jpg|800px|thumb|right|"Coroner's Inquest - Deposition of [[Mary Ann Welch]], 7 October 1854, p.4, PROV, VPRS5527/P0 Unit 1, Item 10]]<br />
<br />
== Background ==<br />
<br />
On 07 October 1854 two recently reunited Scotsmen, [[James Scobie]] and [[Peter Martin]], were out celebrating. Wanting another drink, they knocked on the door of the [[Eureka Hotel]] at night after closing hours. Their request for another drink was refused, and after a scuffle [[James Scobie]] was struck on the head with a shovel, and [[Peter Martin]] was kicked to the ground. [[James Scobie]] died as the result of injuries he received. Dr [[James Stewart]] performed an inquest into Scobie's death with an open verdict returned, even though most believed [[James Bentley]] had killed Scobie.<br />
<br />
[[James Scobie]]'s tent was next to [[Peter Lalor]]'s tent.<br />
<br />
== The Inquest ==<br />
<br />
... An inquest was held by a magistrate named Dewes, who was suspected of being under an obligation to Bentley, and believed to be what subsequent official investigation proved, a corrupt and unreliable officer. Instead of committing Bentley for trial, Dewes acquitted him. One of the commissioners (Johnston) was not satisfied with the inquiry, and forwarded his notes to headquarters. The diggers were enraged at so flagrant a miscarriage of justice. Bentley had a bad record, and his house a bad reputation. The incident served to increase the tension between the diggers and the authorities.<ref>''The Charleville Times'', 24 December 1904.</ref><br />
<br />
The Jury were:<br />
<br />
[[Arthur Anderson]]<br />
<br />
[[John Gillott]]<br />
<br />
[[Henry Green]]<br />
<br />
[[John Fletcher]]<br />
<br />
[[John Phelan]]<br />
<br />
[[Walter Davis]]<br />
<br />
[[David Richards]]<br />
<br />
[[Duncan Henderson]]<br />
<br />
[[John Campbell]]<br />
<br />
[[John Haig]]<br />
<br />
[[Hugh Meikle]]<br />
<br />
[[James Hasseltop]]<br />
<br />
<br />
== Evidence of Henry Wright ==</div>DWickham