II. Document.

BALLAARAT. THE STATEMENT OF FRANK ARTHUR HASLEHAM. (Now lying wounded at Ballaarat.)

"Whereas I, Frank Arthur Hasleham, a native of the good town of Bedford, and son of a military officer, to wit, William Gale Hasleham, who bore His Majesty's commission in the 48th Foot at Talavera, and afterwards retired from the 6th veteran battallion:

"Whereas I, the aforesaid, having, in my capacity of newspaper correspondent at Ballaarat, shown, on all proper occasions in general, so especially during the late insurrectionary movement here, a strong instinctive leaning to the side of law, authority, and loyalty, was, on the morning of the 3rd instant, fired at and wounded at a time when the affray was over, and the forces with their prisoners were on the point of returning to the camp, and in a place whence the scene of action was invisible, and when no other bloodshed had taken place;

"On these considerations I desire to make on oath the following statements of facts as they occurred, and as witnessed by others:-

"Shortly after daybreak in the morning mentioned, my three mates and myself were aroused from sleep by the fire of musketry, a great proportion of the balls whistling over our tents. The tent is pitched on a rising ground about 500 yards south of the stockade; the tent and stockade, each situated on an eminence, are separated by a large gully running east and west, and comprising in its breadth nearly the whole of the distance above specified. Considerably alarmed at the continuance of the firing, we at last got up and went outside, thinking to find a place of shelter of comparative security. After I had gone outside the firing gradually fell off, the stockade was unoccupied, the insurgents' flag was struck, and whatever fighting was then going on was confined to the further slope of the hill on which the stockade was situated. As some desultory firing was still going on, I advanced about fifty yards down the gully, in order to insure safety by getting upon lower ground; by this time, with the exception of an occasional cheer from the military or police, everything was perfectly quiet, and from where I stood neither soldier nor trooper was to be seen. A few minutes after a small detachment of mounted police made its appearance on the hill, and drew up in a line on the either side of the stockade, the officer in command appeared to be haranguing them. I was standing about three hundred yards from them, several other people being near at hand. I saw three troopers leave the ranks and advance towards me; when one of them who rode considerably ahead of the other two arrived within hailing distance, he hailed me as a friend. Having no reason to think otherwise of him, I walked forward to meet him. After he had lured me within safe distance, namely about four paces, he levelled his holster pistol at my breast and shot me. Previous to this, and while advancing towards each other, he asked me if I wished to join his force; I told him I was unarmed, and in a weak state of health, which must have been plain to him at the time, but added that I hoped this madness on the part of the diggers would soon be over; upon that he fired."

——-

The trooper be d——d; but I congratulate poor Frank, of the good town of Bedford, for 'this madness on the part of the diggers' procuring him 400 pounds sterling from Toorak; so that he can afford to spare me the trouble of encroaching any further into his 'statement.' Great works!

III. Document more important, by far.

On the 28th November, when some military and ammunition came on the ground, the detachment was set on at Eureka, near the site of the stockade, and in the hubbub consequent the troops were somewhat at fault, and the officer in command called at the London Hotel to inquire the way to the Camp. The owner of the hotel, Mr. Hassall, on being asked, came out of his establishment to point out the way to the officer in command of the detachment, while so doing he received a ball in his leg, and was for a while laid up by the wound. After a long time of suffering, and a great loss of money directly and indirectly, he applied for compensation—with what success may be seen from the following letter just come to hand:-

——-

Colonial Secretary's Office, Melbourne, 26th October, 1855.

Gentlemen.—The memorial of the miners on behalf of Mr. B. S. Hassall, wounded during the disturbances at Ballaarat, having been by the governor's directions referred to the board appointed to investigate such claims, the board reported, that from the evidence, it appears impossible Mr. Hassall could have received his wound from the military, and that they could not see anything to justify their recommending any compensation for him. His Excellency cannot therefore entertain the petition as he has not power to award compensation except on the recommendation of the board.

I have the honour to be, gentlemen, Your most obedient servant, J. MOORE, A.C.S. (To) SAMUEL IRWIN, and A. C. BRUNNING, Esqrs.

——-

'Great works' this time at Toorak, eh! oh! dear.

So far so good, for the present; because spy 'Goodenough' wants me in the next chapter.



Chapter LXIII.



Et Scias Quia Nihil Impium Fecerim.

It was now between eight and nine o'clock. A patrol of troopers and traps stopped before the London Hotel.

Spy Goodenough, entered panting, a cocked pistol in his hand, looking as wild as a raven. He instantly pounced on me as his prey, and poking the pistol at my face, said in his rage, "I want you."

"What for?"

"None of your d——d nonsense, or I shoot you down like a rat."

"My good fellow don't you see? I am assisting Dr. Carr to dress the wounds of my friends!"—I was actually helping to bandage the thigh of an American digger, whose name, if I recollected it, I should now write down with pleasure, because he was a brave fellow. He had on his body at least half-a-dozen shots, all in front, an evident proof, he had stood his ground like a man.

Spy Goodenough would not listen to me. Dr. Carr. spoke not a word in my behalf, though I naturally enough had appealed to him, who knew me these two years, to do so. This circumstance, and his being the very first to enter the stockade, after the military job was over, though he had never before been on the Eureka during the agitation, his appointment to attend the wounded diggers that were brought up to the Camp, and especially his absence at my trial, were and are still a mystery to me.

I was instantly dragged out, and hobbled to a dozen more of prisoners outside, and we were marched to the Camp. The main road was clear, and the diggers crawled among the holes at the simple bidding of any of the troopers who rode at our side.



Chapter LXIV.



Sic Sinuerunt Fata.

On reaching the Camp, I recognized there the identical American Kenworthy. I gave him a fearful look. I suspected my doom to be sealed.

The soldiers were drinking 'ad libitum' from a pannikin which they dipped into a pail-bucket full of brandy. I shall not prostitute my hand, and write down the vile exultations of a mob of drunkards. It was of the ordinary colonial sort, whenever in a fight the 'ring' is over.

Inspector Foster, commanded us to strip to the bare shirt. They did not know how to spell my name. I pulled out a little bag containing some Eureka gold-dust, and my licence; Mr. Foster took care of my bag, and just as my name was copied from my licence; a fresh batch of prisoners had arrived, and Mr. Foster was called outside the room where I was stripping. Now, some accursed trooper pretended to recognize me as one of the 'spouts' at the monster meeting. I wanted to keep my waistcoat on account of some money, and papers I had in the breast pocket; my clothes were literally torn into rags. I attempted to remonstrate, but I was kicked for my pains, knocked down in the bargain, and thrown naked and senseless into the lock-up.

The prison was crammed to suffocation. We had not space enough to lie down, and so it was taken in turns to stand or lie down. Some kind friend sent me some clothes, and my good angel had directed him to bury my hand-writings he had found in my tent, under a tent in Gravel-pits.

Fleas, lice, horse-stealers, and low thieves soon introduced themselves to my notice. This vermin, and the heat of the season, and the stench of the place, and the horror at my situation, had rendered life intolerable to me. Towards midnight of that Sunday I was delirious. Our growls and howling reached Commissioner Rede, and about two o'clock in the morning the doors were opened, and all the prisoners from the Eureka stockade, were removed between two files of soldiers to the Camp store-house a spacious room, well ventilated and clean. Commissioner Rede came in person to visit us. Far from any air of exultation, he appeared to me to feel for our situation. As he passed before me, I addressed him in French, to call his attention to my misery. He answered very kindly, and concluded thus:-

"'Je ne manquerai pas de parler au Docteur Carr, et si ce que vous venez de me dire e trouve vrai, je veux bien m'interesser pour vous.'

"'Vous etez bien bon, Monsieur le Commissionaire, repondis-je.'

"'Il faut donc que j'aie eu des ennemis bien cruels au Camp! Avaient-ils soif de mon sang, ou etaient-ils de mercenaires? Voila bien un secret, et je donnerai de coeur ma vie pour le percer. Dieu leur pardonne, moi, je le voudrais bien! mais je ne saurai les pardonner jamais.'"



Chapter LXV.



Ecce Homo.

On Monday morning, the fresh air had restored me a little strength. We had an important arrival among us. It was the Editor of 'The Times' newspaper, arrested for sedition. All silver and gold lace, blue and red coats in the Camp rushed in to gaze on this wild elephant, whose trunk it was supposed, had stirred up the hell on Ballaarat.

Henry Seekamp is a short, thick, rare sort of man, of quick and precise movements, sardonic countenance; and one look from his sharp round set of eyes, tells you at once that you must not trifle with him. Of a temper that must have cost him some pains to keep under control, he hates humbug and all sort of yabber-yabber. His round head of tolerable size, is of German mould, for the earnestness of his forehead is corrected by the fullness of his cheeks, and a set of moustachios is the padlock of his mouth, whose key is kept safe in his head, and his heart is the turn-key. When his breast is full, and he must make it clean, its gall will burn wherever it falls, and set the place a blazing. To keep friends with such a cast of mind, whose motto is Nelson's, you must do your duty; never mind if you sink a shicer, bottom your shaft any how. You are his enemy if you are or play the flunky; he will call you a 'thing,' and has a decided contempt for 'incapables.' Hence, his energy was never abated, though the whole legion of Victorian red-tape wanted to dry his inkstand, and smother his lamp in gaol. That there are too many fools at large, he knows, because he has travelled half the world, what he can not put up with, is their royal cant, religious bosh, Toorak small-beer, and first and foremost, their money-grubbing expertness. Hence, now and then, his ink turns sour, and thereby its vitriol burns stronger. 'The Times', of which he is the founder, is the Overseer of Ballaarat, and the 'Dolce far niente' will not prosper.

Our literary prisoner was literally insulted, and could not look with enough contempt on all those accursed asses braying (at him) 'The Times!' 'The Times!'

I felt for him very much, and joined conversation with him in French. I state it as a matter of fact, that there and then I had the presentiment that all the spies pointed me out there, and only there and then as his accomplice. Towards ten o'clock we were ordered to fall in, in four rows. Now the Camp officials and their myrmidons were in their glory. They came to number their prey, and mark out a score of heads to make an 'example' of, for the better conduct of future generations. Unfortunately for my red hair, fizzing red beard, and fizzing red moustachios, my name was taken down after the armed ruffian and the anonymous scribbler, and followed by that of the nigger-rebel.

It was odious to see honourable, honest, hard-working men made the gazing stock of a parcel of pampered perverted fools, for the fun of 'a change' to gratify their contempt for the blue-shirt and thick boots who had dared, mucky and muddy, to come out of their deep wet holes to hamper these gods of the land in their dog's game of licence-hunting!



Chapter LXVI.



Then the following document was shown for our edification:-

VICTORIA GOVERNMENT GAZETTE EXTRAORDINARY. (Published by Authority.) MARTIAL LAW DECLARED IN THE DISTRICT OF BUNINYONG PROCLAMATION By his Excellency Sir Charles Hotham, Knight-Commander of the Most Honourable Military Order of the Bath Lieutenant—Governor of Victoria, &c., &c., &c.

WHEREAS bodies of armed men have arrayed themselves against Her Majesty's forces and the constituted authorities, and have committed acts of open rebellion: and whereas, for the effectual suppression thereof it is imperatively necessary that Martial Law should be administered and executed within the limits hereinafter described; now I, the Lieutenant-Governor of the said Colony with the advice of the Executive Council thereof, do hereby command and Proclaim that MARTIAL LAW from and after twelve of the clock at noon on Wednesday, the sixth day of December instant, shall and may be administered against every person and persons within the said limits, who shall at any time after the said hour commit any act of rebellion, any treason, treasonable or seditious practices, or other outrage or misdemeanor whatsoever within the following limits, that is to say: arrowee...Lal Lal...Moorabool... Ran Rip...Yarrowee aforesaid. And I do hereby, with the advice aforesaid, order and authorize all officers commanding Her Majesty's forces to employ them with the utmost vigour and decision for the immediate suppression of the said rebellion and offences, and to proceed against and punish every person and persons acting, aiding, or in any manner assisting in the said rebellion and offences, according to Martial Law, as to them shall seem expedient for the punishment of all such persons: And I do hereby especially declare and proclaim, that no sentence of death shall be carried into execution against any such person without my express consent thereto: ['Great works!'] And I do hereby with the advice aforesaid, notify this my Proclamation to all subjects of Her Majesty in the Colony of Victoria.

Given under my Hand and the Seal of the Colony, at Melbourne, this fourth day of December, in the year of Our Lord one thousand eight hundred and fifty-four, and in the eighteenth year of Her Majesty's Reign.

(L.S.) CHARLES HOTHAM, By His Excellency's Command, JOHN FOSTER. God save the Queen!

——-

Great works!



Chapter LXVII.



Ecce Amaritudo Mea Amarissima.

We were frightened by the report that a gang of red-coats were sinking a large pit in the Camp.

"Are they going to bury us alive without any flogging? That's not half so merciful as Haynau's rule in Austria;" was my observation to a mate prisoner—a shrewd Irishman.

"Where did you read in history that the British Lion was ever merciful to a fallen foe?" was his sorrowfully earnest reply.

Oh! days and nights of the 3rd, 4th, 5th, and 6th of December, 1854, your remembrance will not end, no, not even in my grave.

They were happy days in my youth, when I thought with Rousseau, that the heart of man is from nature good. It was a sad fatality now that compelled me to feel the truth from the prophet Isaiah, that the heart of man is desperately wicked.

I was really thunderstruck at the savage eagerness with which spies and red-coats sprang out of their ranks to point me out. Though a British soldier was not ashamed to swear and confess his cowardice of running away from before my pike, which I never had on the stockade, where the fellow never could have seen me; I shall not prostitute my intelligence and comment on the 'evidence' against me from a gang of bloodthirsty mercenary spies. The printer will copy my trial from the public newspaper, 'The Age'.



Chapter LXVIII.



Condemn The Wicked, And Bring His Way Upon His Head, Oh, Lord God Of Israel!

The first witness against me was such a rum sort of old colonial bird of the jackass tribe, and made such a fool of himself for Her Majesty's dear sake, about the monster meeting, where as it appeared, he had volunteered as reporter of the Camp; that now God has given him his reward. He is a gouty cripple, still on 'Her Majesty's fodder' at the Camp, Ballaarat.

Who will sharpen my quill and poison my inkstand, that I may put to confusion the horrible brood of red-tape that ruled on Ballaarat at the time. To administer justice in the sacred name of Her Most Gracious Majesty, they squandered the sweat of self-over-working diggers, on a set of devils, such that they actually competed with one another, in vomiting like sick dogs! Their multitude was taken as a test of their veracity, on the Mosaical ground, that 'out of the mouth of two witnesses shall the guilty be condemned;' and yet, with the exception of spy Goodenough, and spy Peters, none other to my knowledge ever did see my face before.

I assert and declare as an honest man and a Christian, that my eyes never did see the witnesses against me, before I was under arrest at the Camp. My soul was drowned in an ocean of bitterness when of that brood of Satan, one did swear he had run from before my pike; another had fired at me, but his pistol 'snapped;' a third made me prisoner within the stockade; a fourth took me up chained to other prisoners who had surrendered, from the stockade to the Camp.

Such, then, is the perversity of the human heart! In vain did I point out to the sitting magistrate the absurdness of their evidence, and the fact that Sub-inspector Carter and Dr. Carr could prove the contradiction. I was so embittered and broken-hearted at the wickedness of so many infuriated mercenary rascals, that had made up their mind to sell the blood of an honest man, in as much as I had repeatedly told each and all of them, when they came to 'recognize' in our prison, that they must mistake me for another as I was not within the stockade that Sunday morning; that I...but it is too humiliating to say any more.

Mr. Sturt, with an odious face, whose plumpness told me at once he was no friend to fasting, strutted to the magisterial chair, and committeed me and the nigger-rebel, to whom I was kindly hobbled, to take our trial for high treason!



Chapter LXIX.



Vox Populi, Vox Dei.

In the course of the day (December 7th), in spite of all the bayonets and blunderbusses, the report reached us that the Melbourne people had had a Monster Meeting of their own, equal to ours of November 29th, and that Mr. Foster, the 'Jesuit,' had been dismissed from office.

The tragical act on Ballaarat was over; the scenery changed; and the comedy now proceeded to end in the farce of the State Trials in Melbourne.

Between Wednesday and Thursday, all the 160 prisoners were liberated, with the necessary exception of thirteen, reserved to confirm the title of this book.

I do not wish to omit one significant circumstance. On Tuesday night, December 5th, I was hobbled for the night to young Fergusson, an American, and shared with him his blankets. I felt very much for this young man, for he suffered from consumption; and as I do respect him, so I shall not disclose our private conversation. This, however, is to the purpose. He was among us, and with us at four o'clock on Saturday, at one and the same time when spy Peters was within the stockade.

No spy, no trap, no trooper appeared against young Fergusson. Doctor Kenworthy, his countryman, had the management of getting him off. I was glad at his obtaining his liberty, because he was a brave, kind-hearted, republican-minded young American, and I intend to keep his blue blankets he left to me in prison for my comfort, in his remembrance.



Chapter LXX.



Audi Alteram Partem. 'Fair Play'.

As I wish to be believed, so I transcribe the following from 'The Argus', Friday, December 15, 1854;

MAINTENANCE OF LAW AND ORDER.

The Lieutenant-Governor received a deputation from, with an address signed by, five hundred bankers, merchants, and other classes resident in Melbourne, placing themselves, their services, and their influence unreservedly at His Excellency's disposal, for the maintenance or order and upholding of the paramount authority of existing (!) law.

His Excellency listened with marked attention to the address, to which he gave the following answer:—

"Gentlemen...

"...It is necessary to look its (the Colony's) difficulty full in the face.

"Here we have persons from all parts of the globe,—men who come to look for gold and gold alone; men of adventurous spirit, of resolution, and of firm purpose to carry out the principles which actuate them. If gold fails, or the season is unfavourable, we must expect such outbreaks and such dangers as have given rise to the most loyal and valuable address which you present to me. ['Pardon, Monsiegneur, apres lecture des versets 28, 29, du chap. I., et versets 17, 18, 19, du chap. III., de la Genese, favorisez s'il vous plait l'exploitation de l'activite de tous ces gaillards la, par la Charrue: l n'y a pas mal de terres ici, et bien pour tout le monde. Audaces fortuna juvat.']

"I desire to govern by the people, and through the people: and by the people I mean through the intelligence of the people. ['Elle est fameuse, Monseigneur l'intelligence de ceux, qui vous ont conseille l'affaire de Ballaarat! surtout in farce odieuse de haute-trahison!']

"In Ballaarat it was not a particular law, against which objection was raised, nor was there a particular complaint made. ['Oh, pardon, Monseigneur: ou l'on vous a toujours mal informe; ou l'on vous a souvent cache la verite: alheureusement, cela n'a pas beaucoup change meme aujourd'hui'.' Vide 'The Times', Ballaarat, Saturday, September 29, 1855, and Saturday, November 10th—Local Court.]

"...It was not exactly the licence fee, that caused the outbreak, though that was made the 'nom de guerre,' the 'cheval de bataille,' this was not the real cause. I consider that the masses were urged on by designing men who had ulterior views, and who hoped to profit by anarchy and confusion. ['Comment se fait il Monseigneur que vous mettez le prix de 500 pounds sur la tete du chef de ces blagueurs du Star Hotel, a Ballaarat; et puis vous lassiez courir le malin a son aise! Avez-vous, oui ou non, Monseigneur, accorde votre pardon a M'Gill? et les autres Americains donc?']

"Then we have active, designing, intriguing foreigners, who also desire to bring about disorder and confusion." ['Cependant, moi, bon garcon apres tout, et d'une ancienne famille Romaine, j'ai ete VOLE sous arret au Camp de Ballaarat par VOS gens et avec impunite, Monseigneur. Vous me faites l'honneur d'avouer par votre lettre la chose, mais vous n'avez point fait de restitution. Ce n'est pas comme cela que j'entends le vieux mot Anglais, Fair-play.']"

Hence, I had better address myself to the five hundred gentlemen, who belong to the brave Melbourne people after all.

Gentlemen,

Five hundred copies of this work, which costs me an immense labour, for the sake of the cause of truth, will be left with

MESSRS. MUIR, BROTHERS AND CO., Merchants, Flinders-lane, Melbourne—

of the same firm much respected on Ballaarat, to whom I am personally known long ago, having been their neighbour on the Massacre-hill, Eureka. Ten shillings is my price for each copy: and, as Messrs. Muir render this service to me gratuitously, so I hereby authorise them to keep half-a-crown from each ten shillings, and in the spirit of St. Matthew, verses 1, 2, 3, 4, chap. vi.,share said halfcrowns in the following proportion: one shilling to the Benevolent Asylum; one shilling to the Melbourne Hospital, and sixpence to the Miners' Hospital, Ballaarat.

I hope thus to understand 'Fair-play' better than Toorak.

I have not yet done with His Excellency's answer.

"The part which the bankers, merchants, tradesmen and others in Melbourne and in Geelong ['pas a Ballaarat, Monseigneur'], have taken in coming forward to support me, I shall be careful to represent properly at home, where perhaps these occurrences may attract more attention than they deserve. ['Pour votre bonheur, Monseigneur, Sebastopol leur donne assez d'occupation pour le moment.']

"I shall declare my opinion that the mass of the community does not sympathise with these violators of the law." ['Est-ce donc un reve, Monseigneur, que votre gouvernment en voulait a ma tete, aussi, bien qu'a celle de douze autres prisonnier, d'etat, et que le peuple nous a acquitte glorieusement par' SEVEN BRITISH JURIES!]

'Mon ardent desir, mon tourment presque, c'est d'avoir vite l'honneur de parler, encore une fois sur la terre, a SA MAJESTE LA REINE VICTORIA.'

'AINSI-SOIT-IL.'



Chapter LXXI.



The State Prisoners.

I Beg to say at once, that with the exception of Hayes and Manning, of the remaining ten, seven were perfect strangers to me; three I had simply met at work on the gold-fields; and I won't say anything further.

Yes, though, MICHAEL TUHEY was the stoutest heart among us, an Irishman in word and deed, young, healthy, good-hearted chap, that hates all the ways of John Bull, he had been misled by honest George Black countenancing the two demagogues at Creswick-creek, and had hastened with his double-barrelled guns to Ballaarat, and stood his ground like an Irishman, against the red-coats. He never was sorry for it. His brother paid some forty pounds to a certain solicitor for his defence, but when Mic was tried for his neck, the Hog was not there. GOD SAVE THE PEOPLE!

THOMAS DIGNAM, a serious-looking, short, tight-built young chap, a native of Sydney, who hated all sort of rogues, because he was honest in heart. He brunted courageously the mob fury on Tuesday evening, November 28th, on the Eureka, and actually saved at the risk of his own life, the life of a soldier of the 12th regiment on its way to Ballaarat; he took up arms in the cause of the diggers in Thursday's licence-hunt, was subsequently under drill at the stockade; fought like a tiger on Sunday morning; repented not of having put on stretchers a couple of red-coats; was always cheerful, contented and kind-hearted during the four months in gaol; paid his last farthing out of the honest sweat of his brow, to Stephens his solicitor for the defence (above thirty pounds) and when put in the dock to take his trial for high-treason, lo! there was no charge against him; the prosecution was dropped. GOD SAVE THE QUEEN!

We are however still in chokey at Ballaarat. We were put under the officious care of Sergeant Harris, who condescended to show some affection for Joseph, to prove that his Christian love could extend even to niggers; but the red-coat wanted to draw worms from the black rebel. We were nigh bursting for laughter, when Joseph during his two days' trial came into our yard for his meals, and related to us with such eye-twinklings, widening of nostrils, trumping up the lips, scratching all the while his black wool so desperately, and the doodle music of his unearthly whistle! "how old chappyman and a tother smart 'un of spin-all did fix that there mob of traps; 'specially that godammed hirpocrit of sergeant, I guess."

JOHN JOSEPH, a native of New York, under a dark skin possessed a warm, good, honest, kind, cheerful heart; a sober, plain-matter-of-fact contented mind; and that is more than what can be said of some half-a-dozen grumbling, shirking, snarling, dog-natured state prisoners.

Sergeant Harris took it into his head to humble Hayes—humility is also a Christian virtue—and so honoured him with the perfumery job of clearing the tub at the corner, full of urine and solids. Hayes, for the lark did it once, but found it against his principles to practise on said tub again, and thus got into disgrace with our overkind sergeant.

To be serious: Timothy Hayes, our chairman at the monster meeting, aristocratically dressed among us, had like the rest his plump body literally bloated with lice from the lock-up. Poor Manning was the worst. Myself, I was plagued with that disgusting vermin, all through those ignominious four months in gaol.

It were odious to say many, many other things.



Chapter LXXII.



Is There A Mortal Eye That Never Wept?

On Sunday afternoon, we witnessed a solemn scene, which must be recorded with a tear wherever this book may find a reader.

The sun was far towards the west. All had felt severely the heat of the day. The red-coats themselves, that were of the watch, felt their ardour flagging. Of twelve prisoners, some gazed as in 'a fix,' and were stationary; others, 'acursing,' swept up and down the prison; the rest, cast down, desponding, doing violence to themselves, to dam their flooded eyes. I was among the broken-hearted.

Mrs. Hayes, who in the days of her youth must have made many young Irish hearts ache 'for something,' had brought now a bundle of clean clothing, and a stock of provisions, to make her husband's journey to Melbourne as comfortable as possible. There she was, holding her baby sucking at her breast; her eyes full on her husband, which spoke that she passionately loved him. Six children, neatly dressed, and the image of their father, were around. Timothy Hayes forced himself to appear as cheerful as his honourable heart and proud mind would allow. He pressed his little daughter, who wanted to climb his shoulder; he pronounced his blessing on the younger of his sons. The eldest (twelve years old) was kissing his father's left hand, bathing it all the while with such big tears, that dropped down so one by one, and so after the other!

Good boy, your sorrows have begun soon enough for your sensible heart! Strengthen it by time with Christian courage, or else you will smother it with grief, long before your hair has turned grey! There are too many troubles to go through in this world. Take courage; there is a God, and therefore learn by heart the Psalm, 'Beatus vir qui timet Dominum.' My head has still the red hair of my youth, and yet I am a living witness of many truths in that Psalm; meditate, therefore, especially on the last verse, ending 'Desiderium peccatorum peribit.'

Had I in younger years cultivated painting, I feel satisfied that I could produce now such a tableau as to match any of my countryman, Raffaelle; so much an all-wise Providence has been pleased, perhaps for the trial of my heart, to endow me with a cast of mind that, on similar occasions as the solemn one above, whenever my electric fluid is called into action, it is actually a daguerreotype.



Chapter LXXIII.



Amare Rimembranze.

At four o'clock on Tuesday morning, we were commanded to fall in, dressed and hobbled as we were. Captain Thomas, with the tone and voice of a country parson, read to us his 'Order of the day,' to the effect that we were now under his charge for our transit to Melbourne; that if any of us stirred a finger, or moved a lip—especially across the diggings—his orders were that the transgressor should be shot on the spot. This arrangement, so Austrian-like, and therefore unworthy of a British officer, did not frighten us, and I cried, loud enough, "God save the Queen!"

Inspector Foster sprang up to me with his hopping leg, put on me tighter darbies, and together with the mulatto-rebel put us in front of the cart, giving strict orders to shoot us both down if we attempted to turn our heads. 'Veritatem dico, non mentior'; and so Messrs, Haynau, Jellachich, and Co., from that morning my hatred for you is on the decline.

They rode us through the main road as fast is it was safe for the preservation of our necks—the only thing they wanted to preserve inviolate for head-quarters.

Though it was clear daylight, yet I did see only one digger on the whole of the main road.

On passing through the Eureka, I got a glance of my snug little tent, where I had passed so many happy hours, and was sacred to me on a Sunday. There it lay deserted, uncared for! My eyes were choked with tears, and at forty years of age a man does not cry for little.



Chapter LXXIV



Della Vita Lo Spello Dal Mondo Sciolto, Al Mondo Vivo Perche Non Son Sepolto.

We were soon in Ballan. Good reader, please enter now within my mind. The lesson, if read, learned, and inwardly digested, will be of good use for the future. The troubles of this colony have begun.

It is eight o'clock of a fine morning; the spring season is in its full: the sun in his splendour is all there on the blue sky. Nature all around is life. The landscape is superb. It reminded me 'della Bella Cara Itallia'. The bush around was crammed with parrots, crows, and other chattering birds of the south. They were not prevented from singing praises each in its own language to the Creator, and all was joy and happiness with them. Unfortunately those lands lay uncultivated by the hand of man; but were not left idle by nature. Lively, pretty little flowers of the finest blue, teemed here, there, and everywhere, through the splendid grass, wafed to and fro by a gentle wind.

Look now at the foot of the picture.

There were thirteen of us all healthy, honest, able-bodied men, chained together on three carts. A dozen of dragoons, strong, sound-looking men, were riding on horseback as sharp-shooters, in all directions, before our carts in the bush. Their horses were really splendid animals. A score of troopers of the accursed stamp we had then on Ballaarat, sword unsheathed, carbines cocked, kept so close to our carts that one of these Vandemonians was half jammed on riding by a large gum-tree; was thrown from his horse, and disabled, but not killed. We are at last in Ballan, for change of horses. Captain Thomas and a stout healthy-looking man, with a pair of the finest black whiskers I ever saw, in the garb of a digger, who gave such orders to the coachman, as were always attended to, with the usual colonial oaths as a matter of course, were regaling themselves with bottled porter on a stump of a tree outside the public-house. The dragoons and troopers had biscuit, cheese, and ale served to them, though paid for by themselves, before our teeth.

There was no breakfast for the poor state prisoners, in chains, and lying on the bare ground. They had some trouble before they could obtain from the red-coats watching over them, and blowing heaps of smoke from stump pipes, a drop of cold water—I mean actually a drop of cold water.

Good reader, you know WHOM I did bless, whom I did curse.



Chapter LXXV.



Petite, Sed Non Accipietis, Quia Petistis.

The following document, which does honour and justice to its writer, J. Basson Humffray, to 4500 of our fellow-miners of Ballaarat, who signed it, to the state prisoners themselves, is now here transcribed as necessary to the purpose of this book.

THE BALLAARAT DELEGATES, AND THEIR INTERVIEW WITH HIS EXCELLENCY SIR CHARLES HOTHAM, K.C.B., &c

The public has already seen the written reply of His Excellency to the petition from Ballaarat, signed by nearly 4500 of the inhabitants of that important, but 'officially' ridden place.

We deem it our duty to the public, and especially to those whose delegates we are, to state the main reasons urged by us for a general amnesty, and to make some general remarks thereon, and also upon the reply. We have delayed doing this, as we expected to have returned immediately to Ballaarat, and we did not wish to forestall our intended statement at a public meeting, which would have been held on our return; but as circumstances interfere with this arrangement, we now give our report.

We were very kindly and respectfully received by His Excellency.

We thought it right to state that we repudiated physical force as a means of obtaining constitutional redress, believing that the British constitution had sufficient natural elasticity to adapt itself to the wants of the age, and would yield under proper pressure. But the arming of the diggers of Ballaarat, however reprehensible it might have been in itself, claims to be judged on special grounds, inasmuch as they had special provocation. The diggers of Ballaarat were attacked by a military body under the command of civil (!) officers, for the production of licence-papers, and, if they refused to be arrested, deliberately shot at. The diggers did not take up arms, properly speaking, against the government, but to defend themselves against the bayonets, bullets, and swords of the insolent officials in their unconstitutional attack, who were a class that would disgrace any government, by their mal-administration of the law.

The diggers did not take up arms against British rule, but against the mis-rule of those who were paid to administer the law properly; and however foolish their conduct might be, it was an ungenerous libel on the part of one of the military officers to designate outraged British subjects as 'foreign anarchists and armed ruffians.'

The diggers were goaded on to take the stand they did by the 'digger-hunt,' of the 30th November, which, we are sustained in saying, was a base piece of gold and silver lace revenge. Facts will no doubt appear by-and-bye, elucidating and confirming this statement.

We reminded His Excellency of the fact, that the public had asked for or sanctioned a general amnesty; and although we were prepared to admit that it was unbecoming the dignity of any government to give way to what was termed 'popular clamour,' yet, in this case, the good and the wise amongst all classes, forming a very large proportion of the inhabitants, had asked for it, and we thought the general wish should not be lightly treated. His Excellency observed, "Certainly not." We argued that an amnesty would restore general confidence, and secure support to the government in any emergency; and, even supposing there was any one in the movement who sought to overturn the government, instead of overturning corruption, and establishing a better system of administration, a general amnesty would silence such, as the great majority of the diggers were content to live under British law, if properly administered; and every one knows there has been much to condemn in the administration of the laws, on the Ballaarat gold-fields especially; and we endeavoured to impress upon the mind of the Lieutenant-Governor, that it was equally true that the majority of those who were proud of being British subjects, were growing tired of waiting for simple justice. And if the executive wish to secure their confidence and support, they must give better evidence of their good intentions of making better laws, or laws better suited to the wants of the people, and securing 'equal justice to all.' Their recent conduct has created disaffection amongst the ranks of the best disposed; in fact, those who disapproved of the resort to arms on the part of the diggers, condemn in the most unqualified manner the conduct of the Ballaarat officials in collecting a tax (obnoxious at the best) at the bayonet's point, and of the late Colonial Secretary, who could unblushingly write to Commissioner Rede (who superintended the digger-hunt on the 30th November, and, no doubt, counselled the Sunday morning's butchery), thanking him for his conduct on those occasions! And that if His Excellency would allow us to strip the matter of its official colouring, he would see things in a very different light than they had been officially represented.

That an amnesty would not only secure the confidence of the people in the Governor, but it would show the confidence of the Governor in the people—it would be looked upon as a proof of the strength and vigour of the British constitution, instead of weakness in those that administer the laws under its guidance.

That His Excellency could well afford to be generous.

That, in asking for an amnesty, we were aware it was asking for much, and what a statesman should not do without due deliberation. But at the same time, we submitted we did not ask anything inconsistent with the true interests of the colony, or derogatory to the dignity and honour of the throne itself.

That a general amnesty to the state prisoners would tend much to consolidate the power of the British government in this colony, and show that the representative of Majesty here can afford to be just—to be generous; with the full confidence that such an act would meet with the full concurrence of the Queen of England, and the approbation of the whole British empire. That in this he would act wiser far in listening to the voice of the people than to the short-sighted counsel of the law-advisers of the Crown. Humanity has higher claims than the mere demands and formalities of human law.

We forbear saying all that might be said as to the spies being sent from the Camp to enrol themselves amongst the insurgents, and who, report says, urged them to attack the Camp, which was repudiated by the diggers—they saying they would act upon the defensive.

That we believed the enforcement of the law in this case would have the most pernicious effect, not only upon the commerce of the colony, but would retard, if not prevent, the accomplishment of those schemes of reform that His Excellency had promised.

That if he valued the good opinions of the people—the peace and prosperity of the colony, he would be giving the best evidence of it by granting the amnesty we prayed for; but that, if His Excellency punished these men, it would be calling into existence an agitation which would, we feared, end in civil commotion, if not in the disseverance of the colony from the mother country.

That we thought there were reasons sufficiently important to justify an amnesty, on the grounds of state policy alone.

But even supposing there were no legitimate grounds for an amnesty, and that the government have been right in all that they have done—which would be saying what facts do not warrant—surely the slaughter of some fifty people is blood enough to expiate far greater crimes than the diggers of Ballaarat have been guilty of, without seeking the lives of thirteen more victims. The government would act wisely in not pursuing so suicidal a course.

His Excellency states, in his written reply, that the diggers, notwithstanding his promise of inquiry into all their grievances, had forestalled all inquiry.

On this head, we would wish to remark, that the fault lies at the door of the government, in prostituting the military, by making them tax collectors, and placing them at the disposal of a few vain officials, who were not over-stocked with brains, and ignorant of the functions of constitutional government. But one fact they seemed fully sensible of, viz.: That 'Othello' occupation would indeed soon 'be gone,' and they were determined to 'crush the scoundrels' who dared to question the policy, or even justice, or a government keeping up such an expensive army of La Trobian idlers as strut about in borrowed plumes with all the insolence of office; who, in fact, have proved themselves, with a few honourable exceptions, fit for little else than bringing the colony into debt; creating disaffection amongst the people, and stamping indelible disgrace upon any government that would uphold the system that tolerates them. One of these 'retiring' gentlemen stated on the morning of the famed 'digger-hunt' of the 30th November, in reply to one of the refractory diggers: "If you do not pay your licences, how are we to be supported at the Camp?" and further, "There are some disaffected scoundrels I am determine to arrest!" To crush! for what? For daring to refuse to pay taxes except they had a voice in the expending of them for the public weal; public taxes are public property. Some of these 'gentlemanly' officials made use of language on the occasion alluded to, that not only gave evidence of considerable malignity, but of a vulgarity that a gentleman would scorn to use; and we think it not an unfair inference to draw from the foregoing facts, that the digger-hunt of the 30th of November, and the cruel slaughter of the 3rd December, were unmistakable acts of petty official revenge; and, therefore, instead of the diggers forestalling the Commission of Inquiry, appointed by His Excellency, we advisedly say it was Commissioner Rede and Co. who forestalled the inquiry by endeavouring to crush the '500 scoundrels' he complained of—a scoundrel in that gentleman's estimation seems to be one who thinks that some 12 pounds per head per annum is rather too heavy a tax for an Englishman to pay, especially if used in supporting men so unfit for office as he has proved himself to be. This gentleman was the arch-rioter of the 30th November; in this we are confirmed (if confirmation of well-known facts were needed) by the verdict of acquittal of the so called 'Ballaarat Rioters,' partially on the evidence of Mr. Rede himself.

In the latter part of His Excellency's reply, he very properly lays it down as 'the duty of government to administer equal justice to all;' which is no doubt the noblest principle of the English constitution, and we certainly have no fears for the peace of even colonial society, with all its supposed discordant elements, so long as that principle is practically carried out; but we are under well founded apprehension if the reverse is to be the order of the day.

There is a paragraph in our petition to the effect, that if 'His Excellency had found sufficient extenuation in the conduct of American citizens,' we thought there were equally good grounds for extending similar clemency to all, irrespective of nationality; and that it was unbecoming the dignity of any government to make such exceptions; and if such have been done (and that something tantamount to it has been done, there is ample proof), it is a violation of the very principle enunciated by His Excellency in his report viz., 'That it is the duty of a government to administer equal justice to all.' What we contend for is this:—If it be just to grant an amnesty to a citizen of one country, 'equal justice' claims an amnesty for all. We wish it to be distinctly understood by our American friends, that we do not for a moment find fault with His Excellency for allowing their countrymen to go free, but we do complain, in sorrow, that he does not display the same liberality to others—that he does not wisely and magnanimously comply with the prayer of our petition by granting a general amnesty.

But it is stated further in the reply, that 'no exception had been made in favour of any person against whom a charge was preferred.' With all becoming deference to His Excellency, we think this does not meet the point. If the gentleman were innocent, why guarantee him against arrest? And if his friends (and we give them credit for good tact) anticipated the 'preferment of a charge,' it does not create any special grounds for an amnesty in contradistinction to a general amnesty.

Again, upon whom lies the onus of 'preferring charge?' 500 pounds was offered for Vern, 'DEAD OR ALIVE' and 400 pounds for Lalor and Black; and yet we presume there was no charge, or charges, 'preferred' against them any more than the gentleman alluded to. We yet trust that the same good feeling that induced His Excellency to give James M'Gill his liberty will increase sufficiently strong to unbar the prison-doors, and set the state captives free, that they may be restored to their homes, their sorrowing families, and sympathising countrymen. By such an act, the Lieutenant-Governor will secure the peace of society, and the respect and support of the people, and be carrying out the glorious principle he has proclaimed of 'Equal Justice to All.'

J. BASSON HUMFFRAY, C. F. NICHOLLS, (of Ballaarat.) Melbourne, 23rd January, 1855.



Chapter LXXVI.



Quid Sum Miser, Nunc Dicturus.

At Bacchus Marsh we were thrown into a dark lockup, by far cleaner than the lousy one of Ballaarat. Captain Thomas, who must have acknowledged that we had behaved as men, sent us a gallon of porter, and plenty of damper; he had no occasion to shoot down any of us. I write now this his kindness with thanks.

At last, after a long, long day, smothered with dust, burning with thirst, such that the man in the garb of a digger had compassion on us, and shouted a welcome glass of ale to all of us—we arrived before the Melbourne gaol at eight o'clock at night.

From the tender mercies of our troopers, we were given up to the gentle grasp of the turnkeys. The man in the garb of a digger introduced us to the governor, giving such a good account of us all, that said governor, on hearing we had had nothing to eat since mid-day, was moved to let us have some bread and cheese.

We were commanded to strip to the bare shirt—the usual ignomy to begin a prison life with—and then we were shown our cell—a board to lie down on, a blanket—and the heavy door was bolted on us.

Within the darkness of our cell, we now gave vent to our grief, each in his own way.

Sleep is not a friend to prisoners, and so my mind naturally wandered back to the old spot on the Eureka.



Chapter LXXVII.



Requiescant In Pace.

Lalor's Report of the Killed and Wounded at the Eureka Massacre, on the morning of the memorable Third of December, 1854:-

The following lists are as complete as I can make them. The numbers are well known, but there is a want of names. I trust that the friends or acquaintances of these parties may forward particulars to 'The Times' office, Ballaarat, to be made available in a more lengthened narrative.

KILLED.

1 JOHN HYNES, County Clare, Ireland. 2 PATRICK GITTINS, Kilkenny, do. 3—— MULLINS, Kilkenny, Limerick, Ireland. 4 SAMUEL GREEN, England. 5 JOHN ROBERTSON, Scotland. 6 EDWARD THONEN (lemonade man), Elbertfeldt, Prussia. 7 JOHN HAFELE, Wurtemberg. 8 JOHN DIAMOND, County Clare, Ireland. 9 THOMAS O'NEIL, Kilkenny, do. 10 GEORGE DONAGHEY, Muff, County Donegal, do. 11 EDWARD QUIN, County Cavan, do. 12 WILLIAM QUINLAN, Goulbourn, N.S.W. 13 and 14 Names unknown. One was usually known on Eureka as 'Happy Jack.'

WOUNDED AND SINCE DEAD.

1 LIEUTENANT ROSS, Canada. 2 THADDEUS MOORE, County Clare, Ireland. 3 JAMES BROWN, Newry, do. 4 ROBERT JULIEN, Nova Scotia. 5 ——CROWE, unknown. 6 ——FENTON, do. 7 EDWARD M'GLYN, Ireland. 8 No particulars.

WOUNDED AND SINCE RECOVERED.

1 PETER LALOR, Queen's County, Ireland. 2 Name unknown, England. 3 PATRICK HANAFIN, County Kerry, Ireland. 4 MICHAEL HANLY, County Tipperary, do. 5 MICHAL O'NEIL, County Clare, do. 6 THOMAS CALLANAN, do. do. 7 PATRICK CALLANAN, do. do. 8 FRANK SYMMONs, England. 9 JAMES WARNER, County Cork, Ireland. 10 LUKE SHEEHAN, County Galway, do. 11 MICHAEL MORRISON, County Galway, do. 12 DENNIS DYNAN, County Clare, do.

(Signed) PETER LALOR, Commander-in-Chief.

What has become of GEORGE BLACK, was, and is still, a MYSTERY to me. I lost sight of him since his leaving for Creswick-creek, on December 1, 1854.



Chapter LXXVIII.



Homo Natus De Muliere, Brevi Vivens Tempore Repletur Multis Miseriis. Qui Quasi Flos Conterritur Et Egreditur; Postea Velut Umbra Disperditur.

It is not the purpose of this book, to begin a lamentation about my four long, long months in the gaol. My health was ruined for ever: if that be a consolation to any one; let him enjoy it. To say more is disgusting to me and would prove so to any one, whose motto is 'Fair-play.'

A dish of 'hominy' (Indian meal), now and then fattened with grubs, was my breakfast.

A dish of scalding water, with half a dozen grains of rice, called soup, a morsel of dry bullock's flesh, now and then high-flavoured, a bit of bread eternally sour—any how the cause of my suffering so much of dysentery, and a couple of black murphies were my dinner.

For tea, a similar dish of hominy as in the morning, with the privilege of having now and then a bushranger or a horse-stealer for my mess-mate, and often I enjoyed the company of the famous robbers of the Victoria Bank.

But the Sunday! Oh the Sunday! was the most trying day. The turnkeys, of course, must enjoy the benefit of the sabbath cant, let the prisoners pray or curse in their cells. I was let out along with the catholics, to hear mass. I really felt the want of Christian consolation. Our priest was always in a hurry, twice did not come, once said half the mass without any assistant; never could I hear two words together out of his short sermon. Not once ever came to see us prisoners.

After mass, I returned to my cell, and was let out again for half an hour among all sorts of criminals, some convicted, some waiting their trial, in the large yard, to eat our dinner, and again shut up in the cell till the following Monday.



Chapter LXXIX.



'Souvenirs' De Melbourne.

Five things I wish to register: the first for shame; the second for encouragement; the third for duty; the fourth for information; the fifth for record.

1. We were one afternoon taken by surprise by the whole gang of turnkeys, ordered to strip, and subjected to an ignominious search. The very private parts were discovered and touched. 'Veritatem dico, non mentior.'

2. Manning felt very much the want of a chew of tobacco. He and Tuhey would make me strike up some favourite piece out of the Italian opera, and the charm succeeded. A gentle tap at the door of our cell was the signal to get from a crack below a stick of tobacco, and then we were all jolly. We decreed and proclaimed that even in hell there must be some good devils.

3. Mr. Wintle, the governor, inclining to the John Bull in corporation, had preserved even in a Melbourne gaol, crammed as it is at the end of each month with the worst class of confirmed criminals, his good, kind heart. With us state prisoners, without relaxing discipline, he used no cruelty—spoke always kindly to us—was sorry at our position, and wished us well. He had regard for me, on account of my bad health; that I shall always remember.

4. Some day in January we received a New-Year's Present—that is a copy of the indictment. I protest at once against recording it here: it is the coarsest fustian ever spun by Toorak Spiders. I solemnly declare that to my knowledge the name of Her Most Gracious Majesty was never mentioned in any way, shape, or form whatever, during the whole of the late transactions on Ballaarat. I devoured the whole of the indictment with both my eyes, expecting to meet with some count charging us with riot. The disappointment was welcome, and I considered myself safe. Not so, however, by a parcel of shabby solicitors. They said it would go hard with any one if found guilty. The government meant to make an example of some of of us, as a lesson to the ill-affected, in the shape of some fifteen years in the hulks. They had learned from Lynn of Ballaarat that there were no funds collected from the diggers for the defence. 'Cetera quando rursum scribam'—and thus they won some 200 pounds out of the frightened state prisoners, who possessed ready cash.

"What will be the end of us, Joe?" was my question to the nigger-rebel.

"Why, if the jury lets us go, I guess we'll jump our holes again on the diggings. If the jury won't let us go, then"—and bowing his head over the left shoulder, poking his thumb between the windpipe and the collarbone, opened wide his eyes, and gave such an unearthly whistle, that I understood perfectly well what he meant.



Chapter LXXX.



The State Prisoners. (From 'The Age', February 14th, 1855.)

The following is the copy of a letter addressed by the state prisoners now awaiting their trial in the Melbourne Gaol, to the Sheriff, complaining of the treatment they have received:-

Her Majesty's Gaol, Melbourne, February 6th, 1855. To the Sheriff of the Colony of Victoria:-

Sir—As the chief officer of the government, regulating prison discipline in Victoria, we, the undersigned Ballaarat state prisoners, respectfully beg to acquaint you with the mode of our treatment since our imprisonment in this gaol, in the hope that you will be pleased to make some alteration for the better.

At seven o'clock in the morning we are led into a small yard of about thirty yards long and eight wide, where we must either stand, walk or seat ourselves upon the cold earth (no seats or benches being afforded us), and which at meal times serves as chair, table, etc., with the additional consequence of having our food saturated with sand, dust, and with every kind of disgusting filth which the wind may happen to stir up within the yard.

We are locked in, about three o'clock in the afternoon, four or five of us together, in a cell whose dimensions are three feet by twelve, being thus debarred from the free air of heaven for sixteen hours out of the twenty-four. The food is of the very worst description ever used by civilized beings. We are debarred the use of writing materials, except for purposes of pressing necessity; are never permitted to see a newspaper; and strictly prohibited the use of tobacco and snuff. We have been subjected to the annoyance of being stripped naked, a dozen men together, when a process of 'searching' takes place that is debasing to any human being, but perfectly revolting to men whose sensibilities have never been blunted by familiarity with crime—an ordeal of examination, and the coarse audacity with which it is perpetrated, as would make manhood blush, and which it would assuredly resent, as an outrage upon common decency, in any other place than a prison. And again, when the visiting justice makes his rounds, we are made to stand bareheaded before him, as if—etc.

We give the government the credit of believing that it is not its wish we should be treated with such apparent malignity and apparent malice; and also believe that if you, sir, the representative of government in this department, had been previously made acquainted with this mode of treatment, you would have caused it to be altered. But we have hitherto refrained from troubling the government on the subject, in expectation of a speedy trial, which now appears to be postponed sine die.

We, each of us, can look back with laudable pride upon our lives, and not a page in the record of the past can unfold a single transgression which would degrade us before man, or for which we would be condemned before our Maker. And we naturally ask why we should be treated as if our lives had been one succession of crime, or as if society breathed freely once more at being rid of our dangerous and demoralising presence. Even the Sunday, that to all men in Christendom is a day of relaxation and comparative enjoyment, to us is one of gloom and weariness, being locked up in a dreary cell from three o'clock Saturday evening till seven on Monday morning (except for about an hour and a half on Sunday); thus locked up in a narrow dungeon for forty consecutive hours! We appeal to you, and ask, was there ever worse treatment, in the worst days of the Roman inquisition, for men whose reputation had never been sullied with crime?

We therefore humbly submit, that, as the state looks only at present to our being well secured, we ought to be treated with every liberality consistent with our safe custody; and that any unnecessary harshness, or arrogant display of power, is nothing more or less than wanton cruelty.

Some of us, for instance, could wile away several hours each day in writing, an occupation which, while it would fill up the dreary vacuum of a prison life, as would the moderate use of snuff and tobacco cheer it, and soothe that mental irritation consequent upon seclusion. But that system of discipline which would paralyse the mind and debilitate the body—that would destroy intellectual as well as physical energy and vigour, cannot certainly be of human origin.

Trusting you will remove these sources of annoyance and complaint,

We beg to subscribe ourselves, Sir Your obedient servants. [Here follow the names.]

——-

Sheriff CLAUDE FARIE, Inspector PRICE, Turnkey HACKETT, they will praise your names in hell!



Chapter LXXXI.



Quem Patronem Rogaturus.

The brave people of Melbourne remembered the state prisoners, forgotten by the Ballaarat diggers, who now that the storm was over, considered themselves luckily cunning to have got off safe; and therefore could afford to 'joe' again; the red-streak near Golden-point, having put every one in the good old spirits of the good old times.

Yourself devoting to the public cause, You ask the people if they be 'there' to die: Yes, yes hurrah the thund'ring applause, Too soon, alas! you find out the lie! Cast in a gaol, at best you are thought a fool, Red hot grows your foe; your friend too cool.

An angel, however, was sent to the undefended state prisoners. Hayes and myself were the first, who since our being in trouble, did grasp the hand of a gentleman, volunteering to be our friend.

JAMES MACPHERSON GRANT, solicitor, is a Scotchman of middle-size, middle-height; and the whole makes the man, an active man of business, a shrewd lawyer, and up to all the dodges of his profession. His forehead announces that all is sound within; his benevolent countenance assures that his heart is for man or woman in trouble. He hates oppression; so say his eyes. He scorns humbug; so says his nose. His manners declare that he was born a gentleman.

I very soon gave him hints for my defence, quite in accordance with what I have been stating above, and his clerk took the whole down in short-hand. He encouraged me to be of good cheer, "You need not fear," said he, "you will soon be out, all of you."

God bless you, Mr. Grant! For the sake of you and Mr. Aspinall, the barrister, I smother now my bitterness, and pass over all that I suffered on account of so many postponements.

Timothy Hayes, when we returned broken-hearted for the FIFTH(!) time to our gaol, did we not curse the lawyers!

A wild turn of mind now launched my soul to the old beloved spot on the Eureka, and there I struck out the following anthem.



Chapter LXXXII.



Victoria's 'Southern Cross'. Tune—The 'Standard Bearer'

I.

WHEN Ballaarat unfurled the 'Southern Cross,' Of joy a shout ascended to the heavens; The bearer was Toronto's Captain Ross; And frightened into fits red-taped ravens.

Chorus. For brave Lalor— Was found 'all there,' With dauntless dare: His men inspiring: To wolf or bear, Defiance bidding, He made them swear— Be faithful to the Standard, for victory or death. (Bis.)

II.

Blood-hounds were soon let loose, with grog imbued, And murder stained that Sunday! Sunday morning; The Southern Cross in digger's gore imbrued, Was torn away, and left the diggers mourning!

Chorus.

Victoria men, to scare, stifle, or tame, Ye quarter-deck monsters are too impotent; The Southern Cross will float again the same, UNITED Britons, ye are OMNIPOTENT.

Chorus.

Thus I had spanned the strings of my harp, but the strain broke them asunder in the gaol.



Chapter LXXXIII.

Initium Sapientie Est Timor Domini.

There are circumstances in life, so inexplicable for the understanding; so intricate for the counsel; so overwhelming for the judgment; so tempting for the soul; so clashing with common sense; so bewildering for the mind; so crushing for the heart; that even the honest man cannot help at moments to believe in FATE. Hence the 'sic sinuerunt Fata,' will dash the fatalist ahead, and embolden him to knock down friend or foe, so as to carry out his conceit. If successful, he is a Caesar; if unsuccessful, ignominy and a violent grave are the reward of his worry.

If this be true, as far as it goes, whilst

Through living hosts and changing scenes we rove, The mart, the court, the sea, the battle-plain, As passions sway, or accident may move;

it holds not true in a gaol. There you must meet yourself, and you find that you are not your God. Hence these new strings in my harp.

TO THE POINT.

I.

Gay is the early bloom of life's first dawn, But darker colours tinge maturer years; Our days as they advance grow more forlorn, Hope's brightest dreams dissolve away in tears Which were the best, to be or not to have been? The question may be asked, no answer can be seen.

II.

On earth we live, within our thoughts—the slaves, Of our conceptions in each varied mood, Gay or melancholy;—it is the waves Of our imaginings, become the food The spirit preys upon; and laughs or raves With madness or with pleasure, as it would If drunk with liquids. WE EXIST AND DWELL AS THE MIND MAY DISPOSE, IN HEAVEN OR IN HELL.

THEME.

Death which we dread so much, is but a name.

SONNET.

He who never did eat his bread in tears; Who never passed a dreary bitter night, And in his bed of sorrow, the hard fight Of pending troubles saw, with anxious fears: Who never an exile forlorn for years, And never wept with Israel 'at the sight Of the waters of Babylon' (Psalm 137), the might Of Heaven's word is unknown to his ears. IS THERE A MORTAL EYE THAT NEVER WEPT? WITH tears the child begins his wants to show In tears the man out of the earth is swept. Whether we bless or grumble here below, HIM who ever in His hand the world has kept In dark affliction's school we learn to know.

(Of course my original is in Italian.)



Chapter LXXXIV.



Judica Me Deus, Et Discarne Causam Meam De Gente Non Sancta; Ab Homine Iniquo Et Doloso Erue Me.

SUPREME COURT Melbourne, Victoria, Australia Felix, Wednesday, March 21st, 1855.

(Before his Honour Mr. Justice Barry.)

MY STATE TRIAL His HONOUR took his seat shortly after ten o'clock. The prisoner, that is myself, was placed in the dock, and the following Jury sworn (after the usual challenging):-

PHILLIP BRAGG, Gore-street, Farmer, ALEXANDER BARTHOLOMEW, Brighton-road, Joiner, JAMES BLACK, Greville-street, Butcher, CHARLES BUTT, Lennox-street, Carpenter, THOMAS BELL, Lennox-street, Carpenter, FREDERICK BAINES, Richmond-road, Painter, CHARLES BELFORD, Kew, Gardener, WILLIAM BROADHURST, Wellington-street, Grocer, JOSEPH BERRY, Hawthorne, Farmer, DAVID BOYLE, Kew, Gardener, WILLIAM BARNETT, Heidelberg, Gardener, JOHN BATES, Rowena-street, Baker.

'Brava gente. Dio vi benedica. Mio Fratello desidera veder ciascuno di Voi, nella nostra Bella Itallia.'

For the first time in my life (37 years old), I was placed in a felon's dock, and before a British jury.

The first glance I gave to the foreman made me all serene. I was sure that the right man was in the right place.

JAMES MACPHERSON GRANT, my attorney for the defence, was 'all there.'

RICHARD DAVIS IRELAND, barrister, my counsel, was heavy with thunder. Thick, sound, robust, round-headed as he is, the glance of his eyes is irresistible. A pair of bushy whiskers frame in such a shrewd forehead, astute nose, thundering mouth; that one had better keep at a respectful distance from drakes. His whole head and strong-built frame tell that he is ready to settle at once with anybody; either with the tongue or with the fist. His eloquence savours pretty strongly of Daniel O'Connell, and is flavoured with colonial pepper; hence Mr. Ireland will always exercise a potent spell over a jury. If he were the Attorney-General, the colony would breath freer from knaves, rogues, and vagabonds. The 'sweeps,' especially, could not possibly prosper with Ireland's pepper.

According to promise, another lawyer, a man of flesh, had to be present: but, as he was not there, so he is not here.

Mr. ASPINALL, barrister, totally unknown to me before, volunteered his services as my counsel to assist Mr. Ireland.

'In memoria eterna manet amicus' BUTLER COLE ASPINALL. The print of generous frankness in your forehead, of benevolence in your eyes, of having no-two-ways in your nose, of sincere boldness in your mouth; your height, fine complexion, noble deportment, indicate in you the gentleman and the scholar. If now and then you fumble among papers, whilst addressing the jury, that is perhaps for fear it should be observed that you have no beard; in order that proper attention may be paid to your learning, which is that of a grey-headed man; and though it may be said, that the Eureka Stockade was hoggledy enough, yet your pop, pop, pop, was also doggledy.

You know a tree by its fruits; and so you may know, if you like, the Attorney-General by his High-Treason Indictment. I have not the patience to go through it a second time. There are too many Fosters, fostering and festering in this Victorian land.

JUDGE BARRY presided; a man of the old-gentleman John Bull's stamp. Nothing in his face of the cast of a Jefferies. He can manage his temper, even among the vexations of law.

His Honour addressed me always with kindness. If he shampooed his summing-up, with parson's solemnity, indicating not little self-congratulation, His Honour had reason to be proud of the following remarks, which I here record for that purpose:-

"They had been told (said His Honour to the jury), that the prisoner in the dock had come sixteen thousand miles to get off from the Austrian rule—from the land of tyranny to that of liberty; and so he had, in the truest sense of the word, and that liberty which he enjoyed imposed upon him a local respect for Her Majesty, and a respect for her laws. He had the privilege of being tried by a jury, who would form their verdict solely from the facts adduced on the trial."

A fair hint; equal to saying, that under the British flag I was not going to be tried before the Holy (read, Infernal) Inquisition.



Chapter LXXXV.



Sunt Miserie In Vita Hominus, Viro Probo Dolosis Circumdari! Nulla Miseria Pejor.

MY TRIAL proceeded, before the British Jury aforesaid.

Vandemonians: HENRY GOODENOUGH, Spy-Major. ANDREW PETERS, Sub-Spy.

As an honest man, I scorn to say anything of either of you; but address myself to my God, the Lord God of Israel, in the words of Solomon:-

'If any man trespass against his neighbour, and an oath be laid upon him to cause him to swear, and the oath come before thine altar in this house:

'Then hear thou in heaven, and do, and judge thy servants, condemning the wicked to bring his way upon his head.'—(1 Kings viii. 31, 32.)

GEORGE WEBSTER examined:- "I attended the meeting at Bakery-hill on the afternoon of the 29th November, Mr. Hayes was chairman, and the prisoner was on the platform. He made a speech to the effect, that he had come 16,000 miles to escape tyranny, and they (THE DIGGERS) should put down the tyrants here (POINTING TO THE CAMP). PRISONER ALSO TORE UP HIS LICENCE and threw it towards the fire recommending the others to do as he did."

N.B.—At the next state trial of Jamas Beattie, and Michael Tuhey, said witness George Webster, on his oath, was cross examined by Mr. Ireland, and stated:-

"Mr. RAFFAELLO, was at the meeting on the 29th November.—(A gold licence was here handed to the witness.)—This licence is in the name of CARBONI RAFFAELLO, and the date covers the period at which the licences were burned."—(Sensation in the Court!)

I was present in person, and a free man. 'AB UNO DISCE OMNES: JAM SATIS DIXI.' I hereby assert that I did not burn any paper or anything at all at the monster meeting; I challenge contradiction from any bona fide miner, who was present at said meeting. I paid two pounds for my licence on the 15th of October, 1854, to Commissioner Amos, and I have it still in my possession.*

[* The original document of the following Gold-license, as well as the documents from Davis Burwash, Esq., the eminent notary-public, of 4, Castlecourt, Birchin-lane, City, London; and Signor Carboni Raffaello's College Diploma, and Certificate as sworn interpreter in said City of London; together with the Originals of all other Documents, especially the letters from C Raffaello to H. W. Archer, inserted in this book, are now in the hands of J MacPherson Grant, Esq., M.L.C., Solicitor, and will remain in his office, Collins-street, Melbourne, till Christmas for inspection.—The Printers]

——-

V.R. Printed by John Ferres at the Government Printing Office NOT TRANSFERABLE 2 POUNDS GOLD LICENSE.—THREE MONTHS. No. 134. 17th October 1854.

The Bearer, Carboni Raffaello, having paid the Sum of TWO Pounds on account of the General Revenue of the Colony, I hereby License him to mine or dig for Gold, reside at, or carry on, or follow any trade or calling, except that of Storekeeper, on such Crown Lands within the Colony of Victoria as shall be assigned to him for these purposes by any one duly authorized in that behalf.

This License to be in force for THREE Months ending 16th January, and no longer.

G. A. Amos. Commissioner.

REGULATIONS TO BE OBSERVED BY THE PERSONS DIGGING FOR GOLD OR OTHERWISE EMPLOYED AT THE GOLD FIELDS.

1. This License is to be carried on the person, to be produced whenever demanded by any Commissioner, Peace Officer, or other duly authorised person.

2. It is especially to be observed that this License is not transferable, and that the holder of a transferred Licence is liable to the penalty for a misdemeanour.

3. No Mining will be permitted where it would be destructive of any line of road which it is necessary to maintain, and which shall be determined by any Commissioner, nor within such distance round any more as it may be necessary to reserve for access to it.

4. It is enjoined that all persons on the Gold Fields maintain a due and proper observance of Sundays.

5. The extent of claim allowed to each Licensed Miner is twelve foot square, or 144 square &c.,&c.,&c.,

——-

Examination of this gold-laced witness continued:—'The prisoner was the most violent speaker at the meeting.'

Good reader, see my speech at the monster meeting. I am sick of this witness and I will make no further comments.



Chapter LXXXVI.



Coglione, Il Lazzarone In Paragone.

CHARLES HENRY HACKETT, police magistrate, cross examined by Mr. Ireland:-

"There was a deputation admitted to an interview with Mr. Rede, on Thursday night, November 30th. The prisoner was one of the deputation. I think Black was the principal party in the deputation. The deputatation as well as I remember, said, that they thought in case Mr. Rede would give an assurance that he would not go out again with the police and military to collect licences, they could undertake that no disturbance would take place. Mr. Rede replied, that as threats were held out to the effect, that in case of refusal, the bloodshed would be on their (the authorities') own heads, he could not make any such engagement at the time, nor had he the power of refraining from collecting the licence fee."

By the prisoner: "I recollect Commissioner Rede saying, that the word 'licences' was merely a cloak used by the diggers, and that this movement was in reality a democratic one. You (prisoner) assured him that amongst the foreigners whom you conversed with there was no democratic feeling, but merely a spirit of resistance to the licence fee."

Mr. C. H. HACKETT you are a lover of truth: God bless you!

JAMES GORE, examined by the Attorney-General:— "I am a private in the 40th, I was in the attack on the Eureka stockade. The prisoner and two other men followed me when I entered the stockade, and compelled me to go out. Prisoner was armed with a pike."

Cross examined by Mr. Ireland:— "It was day-light at the time, but not broad day-light; I had fired my musket but not used my bayonet. I ran because there were three against me. I was one of the first men in the stockade. There was no other soldier or policeman near me when the prisoner and the other men pursued me."

PATRICK SYNOTT, examined by the Attorney-General:— "I am a private in the 40th regiment, I saw the prisoner and two other men pursuing Gore from the stockade on the morning of the attack. It was almost as lightsome at the time as it is now. I could distinguish a man at fifty yards off, and the prisoner was not fifteen yards from me. He was six or seven minutes in my sight."

JOHN CONCRITT, examined by the Attorney-General:— This witness was a mounted policeman and corroborated in all particulars the evidence of the previous witnesses.

Cross examined by Mr. Ireland:— "I fired my pistol at the prisoner. It was very good daylight. From what I saw of the soldier that morning, I should have known him again, for he stood with me for some minutes afterwards."

JOHN DONNELLY, examined by the Attorney-General:— "I am a private of the 40th regiment. I was at the stockade on the 3rd December; I saw the prisoner there. I had a distinct opportunity of seeing."

Cross examined by Mr. Ireland:- "I saw him for about a minute at first, and I saw him again in about ten minutes afterwards. I also saw him at the Camp the following day."

JOHN BADCOCK, trooper, examined by the Attorney-General:— "I was at the stockade on the morning of the 3rd December. I was on foot. I snapped my musket at the prisoner, and it missed fire. I was quite close to him. I saw him again at the lock-up next day."

JOHN DOGHERTY, trooper, examined by the Attorney-General:— "I was at the attack on the stockade. I saw the prisoner there. I knew him personally before. I have no doubt that he is the man. I saw the prisoner run towards the guard tent, and in a few minutes after, I saw him again brought back as a prisoner."

Sergeant HAGARTEY, examined by the Attorney-General:— "I am a sergeant in the 40th. I was in the attack on the stockade. I was beside Captain Wise when he was shot. He (Captain Wise) was shot from the stockade. I saw the prisoner at the stockade. I was in the guard which took him to the Camp. The prisoner did not get away, I know. I saw him a prisoner in the Camp about five o'clock."

Cross examined by Mr. Ireland:— "I do not know that the prisoner did not escape on his way from the stockade to the lock-up."

ROBERT TULLY, sworn and examined:— "He was inside the stockade on the Sunday morning: saw the prisoner there armed with a pike; he was in the act of running away; saw him twice in the stockade; was sure the prisoner is the man."

Cross examined by Mr. Ireland:— "Never saw the man before this; he was running in company with two other men; it was very early in the morning; it was some time after the stockade was taken that he was arrested; the firing then had not wholly ceased."

Private DON-SYN-GORE, drilled by sergeant HAG.

Trooper CON(S)CRIT-BAD-DOG, mobbed by Bob-tulip.

The pair of you are far below the ebb of our Neopolitan Lazzaroni!

Why did you not consult with spy Goodenough?

This having closed the case for the Crown, the Court adjourned at half-past two.



Chapter LXXXVII.



Viri Probi, Spes Mea In Vobis; Nam Fides Nostra In Deo Optimo Maximo.

To be serious. I am a Catholic, born of an old Roman family, whose honour never was questioned; I hereby assert before God and man, that previous to my being under arrest at the Camp, I never had seen the face of 1, Gore, 2, Synnot, 3, Donnelly, 4, Concritt, 5, Dogherty, 6, Badcock, 7, Hagartey, and 8, Tully.

I CHALLENGE CONTRADICTION from any 'bona fide' digger, who was present at the stockade during the massacre on the morning of December 3rd, 1854.

As a man of education and therefore a member of the Republic of Letters, I hereby express the hope that the Press throughout the whole of Australia will open their columns to any bona fide contradiction to my solemn assertions above. I cannot possibly say anything more on such a sad subject.



Chapter LXXXVIII.



Sunt Leges: Vis Ultima Lex: Tunc Aut Libertas Aut Servitudo; Mors Enim Benedicta.

On the reassembling of the Court, at three o'clock, Mr. Ireland rose to address the Jury for the defence.

The learned Counsel spent a heap of dry yabber-yabber on the law of high-treason, to show its absurdity and how its interpretation had ever proved a vexation even to lawyers, then he tackled with some more tangible solids. The British law, the boast of 'urbis et orbis terrarum', delivered a traitor to be practised upon by a sanguinary Jack Ketch:—I., to hang the beggar until he be dead, dead, dead; II., then to chop the carcase in quarters; III., never mind the stench, each piece of the treacherous flesh must remain stuck up at the top of each gate of the town, there to dry in spite of occasional pecking from crows and vultures. The whole performance to impress the young generation with the fear of God and teach them to honour the King.

I soon reconciled myself to my lot, and remembering my younger days at school, I argued thus:—

Where there are no bricks, there are no walls: but, walls are required to enclose the gates; therefore, in Ballaarat there are no gates. Corolarium—How the deuce can they hang up my hind-quarters on the gates of Ballaarat Township? Hence, Toorak must possess a craft which passes all understanding of Traitors.

The jury, however, appeared frightened at this powerful thundering from Mr. Ireland, who now began to turn the law towards a respectable and more congenial quarter, and proved, that if the prisoner at the bar had burnt down all the brothels not kept on the sly in Her Majesty's dominions, he would be a Traitor; yet, if he had left one single brothel standing—say, in the Sandwich Islands—for the accommodation of any of Her Majesty's well-affected subjects, then the high treason was not high—high enough and up to the mark, that is, my fore-quarter could not be legally stuck up on the imaginary gates of Ballaarat.

His Honour appeared to me, to assent to the line of argument of the Learned Counsel, who concluded a very lengthy but most able address, by calling on the jury to put an end by their verdict to the continued incarceration of the man, and to teach the government that they could not escape from the responsibilities they had incurred by their folly, by trying to obtain a verdict, which would brand the subjects of Her Majesty in this Colony with disloyalty.

The jury now appeared to me to be ready to let the high traitor go his way in bodily integrity.

Mr. ASPINALL then rose to address the jury on behalf of the prisoner. His speech was spirited, cutting, withering; but could only cover the falsehood, and NOT bring to light the truth: hence to record his speech here cannot possibly serve the purpose of this Book: hence the four documents, and my important observation on them in the following chapter.



Chapter LXXXIX.



Melior Nunc Lingua Favere.

Document I.

SUPREME COURT (Before his Honour the Chief Justice,)

"The prisoner, Raffaello, on his trial being postponed, wished to address His Honour. He said that he was a native of Rome, and hoped that the same good feeling would be shown towards him in this colony as in old England. If his witnesses were there, he would be able to leave the dock at that moment. He hoped that His Honour would protect him by seeing that his witnesses were served with subpoenas.

"His Honour was not responsible for this. Prisoner's attorney was the party, and he must speak to him. It is the business of your attorney to get these witnesses."

The following advertisement appeared in 'The Age', February 24th, 1855, immediately above the leading article of said day:-

Document II.

State Trials.

"The trial of Raffaello has been postponed on account of the absence of Dr. Alfred Carr, Mr. Gordon, of the store of Gordon and M'Callum, and other witnesses for the defence. It is earnestly requested that they will be in attendance on Monday morning at latest.

"J. MACPHERSON GRANT, "Solicitor for the defence."

The following letter, and comment on it, appeared in 'The Age', March 16th, 1855:-

Document III.

..."I was, Mr. Editor, present at Ballaarat on the memorable morning of the 3rd December, and in the pursuit of my usual avocation, happened to meet Raffaello, now one of the state prisoners, on the Redhill, he being then in search of Dr. Carr's hospital... We were directed the hospital, and soon returned to the Eureka, Raffaello bringing Dr. Carr's surgical instruments. We entered the stockade, and saw many lying almost dead for want of assistance and from loss of blood, caused by gun-shot and bayonet wounds. I did not remain long in the stockade, fearing if found there at that time I would be arrested. I made my escape; but poor Raffaello, who remained rendering an act of mercy to the dying, would not leave. He might, during that time, have easily made his escape, if he wished to do so; and I am sure, ran no inconsiderable risk of being shot, through the constant explosion of fire-arms left in the stockade by the diggers in their retreat.

"J.B."

"Melbourne, 15th March, 1854.

"The writer of the above states, in a private note, that he wishes his name kept secret; but we trust that his intimacy with the Camp officials will not prevent him from coming forward to save the life of a fellow creature, when the blood-hounds of the government are yelling with anxiety to fasten their fangs upon their victims."—Ed. A.

'The Age' who certainly never got drunk yet on Toorak small-beer, had an able leading article, headed, 'The State Trials'—see January 15th— concluding, "If they be found guilty, then Heaven help the poor State Prisoners." Now turn the medal, and 'The Age' of March 26th—always the same year, 1855—that is, the day after my acquittal, gives copy of a Bill of the 'LAST PERFORMANCE; or, the Plotters Outwitted.'

Document IV.

"To-day, the familiar farce of 'STATE PROSECUTIONS; or, the Plotters Outwitted,' will be again performed, and positively for the last time; on which occasion that first-rate performer, Mr. W. F. Stawell, will (by special desire of a distinguished personage) repeat his well-known impersonation of Tartuffe, with all the speeches, the mock gravity, etc., which have given such immense satisfaction to the public on former occasions. This eminent low comedian will be ably supported by Messrs. Goodenough and Peters, so famous for their successful impersonations of gold-diggers; and it is expected that they will both appear in full diggers' costume, such as they wore on the day when they knelt before the 'Southern Cross,' and swore to protect their rights and liberties. The whole will be under the direction of that capital stage manager, Mr. R. Barry, who will take occasion to repeat his celebrated epilogue, in which he will—if the audience demand it—introduce again his finely melodramatic apostrophe to the thunder.

"With such a programme, what but an exceedingly successful farce can be anticipated? A little overdone by excessive repetition, it may be said; but still an admirable farce; and, as we have said, this is positively the last performance. Therefore, let it go on; or as Jack Falstaff says, 'play out the play.'"

Of course, I leave it to my good reader to guess, whether after four long months in gaol, which ruined my health for ever, I did laugh or curse on reading the above.

Concerning the four documents above, so far so good for the present; and the Farce will be produced on the stage of 'Teatro' Argentina, Roma, by Great-works. The importance of the following observation, however, is obvious to any reader who took the proper trouble to understand the text of the first chapter of this book.

Why Dr. A. Carr, Sub-inspector Carter, Messrs. Gordon and Binney were not present as witnesses on my trial, was, and is still, a MYSTERY to me.

'Sunt tempora nostra! nam perdidi spem: Melior nunc lingua favere.'



Chapter XC.



Peccator Videbit Et Irascetur; Dentibus Suis Fremet Et Tabescet: Desiderium Peccatorum Peribit.

AT the end of Mr. Aspinall's able oration, the jury appeared to me, to be decidedly willing to let me go, with an admonition to sin no more: because Mr. Aspinall took the same line of defence as Mr. Michie, the counsel in the trial of John Manning; that is, he confessed to the riot, but laughed at the treason. However rashly the diggers had acted in taking up arms, however higgledy-piggledy had been the management of the stockade, yet they were justified in resisting unconstitutional force by force.

His Honour tried the patience of the jury; well knowing by experience, that twelve true-born Britons can always afford to put up with a good long yarn.

The jury retired at nine o'clock. My first thought was directed to the Lord my God and my Redeemer. Then naturally enough, to sustain my courage, I was among my dear friends at Rome and London.

To remain in the felon's dock whilst your JURY consult on your fate, is a sensation very peculiar in its kind. To be or not to be; that is the actual matter-of-fact question. Three letters making up the most important monosyllable in the language, which if pronounced is life, if omitted is death: an awkward position for an innocent man especially.

The jury, after twenty minutes past nine, were again in the jury-box. I was satisfied by their countenances that 'the People' were victorious.

The Clerk of the Court: "Gentlemen of the Jury, have you considered your verdict?"

Foreman: "We have."

The Clerk: "Do you find the prisoner at the bar Guilty or Not Guilty?"

Foreman, with a firm voice: "NOT GUILTY!"

'Magna opera Domini'—(God save the People)—thus my chains sprang asunder. The people inside telegraphed the good news to the crowd outside, and "Hurrah!" rent the air in the old British style.



Chapter XCI.



Accidenti Alle Spie.

I WAS soon at the portal of the Supreme Court, a free man. I thought the people would have smothered me in their demonstrations of joy. Requesting silence, I stretched forth my right hand towards heaven, and with the earnestness of a Christian did pray as follows:—I hereby transcribe the prayer as written in pencil on paper whilst in gaol in the lower cell, No. 33.

"LORD GOD OF ISRAEL, our Father in Heaven! we acknowledge our transgressions since we came into this our adopted land. Intemperance, greediness, the pampering of many bad passions, have provoked Thee against us; yet, Oh, Lord our God, if in thy justice, Thou are called upon to chastise us, in Thy mercy save this land of Victoria from the curse of the 'spy system.'"

Timothy Hayes answered, "Amen," and so did all the people, present, and so will my good reader answer, Amen.



Chapter XCII. & XCIII.



TO LET, No. 33, LOWER CRIBS, IN WINTLE'S HOTEL, NORTH MELBOURNE.

See 'Geelong Advertiser', November 18th. MACKAY v. HARRISON. 'Merci bien, je sors d'en prendre.'

The pair of chapters will see darkness 'SINE DIE'; that is, if under another flag, also in another language.

GREAT-WORKS.

'Hesperia! Quando Ego te Auspiciam? Quandoque Licebit Nunc Veterum Libris, Nunc Somno Et Inertibus Horis, Ducere Solicitae Licunda Oblivia Vitae.'



Chapter XCIV.



EXPLANATION, TO BE SUBMITTED TO HER MOST GRACIOUS MAJESTY QUEEN VICTORIA, LONDON, AND TO HIS HOLINESS PIUS IX., PONTIFEX MAXIMUS, ROME. BY MY BROTHER DON ANTONIO CARBONI, D.D., Head-master of the Grammar School, Coriano, Romagna.

——-

'Homo Sum, Nil Humani a me Alienum Puto.'

How do I explain, that I allowed one full year to pass away before publishing my story, whilst many, soon after my acquittal, heard me in person, corroborate, not indeed boastingly, the impression that I was the identical brave fellow before whose pike a British soldier was coward enough to run away.

I have one excuse, and 'it is an excuse.'

The cast of mind which Providence was pleased to assign me was terribly shaken during four long, long months suffering in gaol, especially, considering the company I was in, which was my misery. The excitement during my trial, my glorious acquittal by a British jury, the hearty acclamations of joy from the people, made me put up with the ignominy and the impotent teeth-gnashing of silver and gold lace; and for the cause of the diggers to which I was sincerely attached, I was not sorry at the Toorak spiders having lent me the wings of an hero—the principal foreign hero of the Eureka stockade. My credit consists now in having the moral courage to assert the truth among living witnesses.

"And I proposed in my mind to seek and search out wisely concerning all things that are done under the sun. This painful occupation hath God given to the children of men to be exercised therein. I have seen all things that are done under the sun, and behold all is vanity and vexation of spirit."—The Preacher, chap. 1st, v. 13, 14.



Chapter XCV.



Qui Potest Capere Capiat.

ELECTION. OLD SPOT, BAKERY-HILL, BALLAARAT.

According to notice, a Public Meeting was held on Saturday, July 14th, 1855, for the election of nine fit and proper men to act as Members of the Local Court—the offspring of the Eureka Stockade.

The Resident Warden in the Chair. Names of the Members elected for the FIRST LOCAL COURT, Ballaarat:-

I. JAMES RYCE, elected Unanimously. II. ROBERT DONALD, elected Unanimously. III. CARBONI RAFFAELLO, elected Unanimously. IV. JOHN YATES, elected Unanimously. V. WILLIAM GREEN, elected Unanimously. VI. EDWARD MILLIGAN, elected by a majority of 287 votes. VII. JOHN WALL, elected by a majority of 240 votes. VIII. THOMAS CHIDLOW, elected by a majority of 187 votes. IX. H. R. NICHOLLS, elected by a majority of 163 votes.

The first time I went to our Court, I naturally stopped under the gum-tree—before the Local Court Building—at the identical spot where Father P. Smyth, George Black, and myself delivered to the Camp authorities our message of peace, for preventing bloodshed, on the night of Thursday, November 30th, 1854, by moonlight. We were then not successful.

Now, I made a covenant with the Lord God of Israel that if I comparatively regained my former health and good spirits, I would speak out the truth; and further, during my six months' sitting in the Court, I would give right to whom right was due, and smother the knaves, irrespective of nationality, religion, or colour.

I kept my word—that is, my bond is now at an end.

I hereby resign into the hands of my fellow-diggers the trust reposed in me as one of their arbitrators: after Christmas, 1855, I shall not sit in the Local Court. With clean hands I came in, with clean hands I go out: that is the testimony of my conscience. I look for no other reward.