Book: The Eureka Stockade

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-----

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 tha
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 he 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 he necessary
to reserve for access to it.

4. It in 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.

(Signed) CARBONI RAFFAELLO.
Dec. 1st, 1855.




Chapter XCVI.



Est Modus In Rebus: Sunt Certi Denique Fines, Quos Ultrae,
Citraque Nequit Consistere Rectum.


Have I anything more to say? Oh! yes, mate; a string of the realities of
the things of this world.

Some one who had been spouting, stumping, and blathering--known as
moral-force 'starring'--in 'urbe et argo', for the benefit of the state
prisoners, had for myself personally not humanity enough to attend to a
simple request. He could afford to ride 'on coachey,' I had to tramp my
way to Ballaarat. I wished him to call at my tent on the Eureka, and see
that my stretcher was ready for my weary limbs.

Full stop. My right hand shakes like a reed in a storm; my eyes swell
from a flood of tears. I can control the bitterness of my heart, and say,
"So far shalt thou go;" but I cannot control its ebb and flow: just now
is springtide.

If I must again name a noble-hearted German, Carl Wiesenhavern, of the
Prince Albert Hotel, who was my good Samaritan, I must also annex the
following three documents, because my friends in Rome and Turin may take
my wrongs too much to heart!




Chapter XCVII.



The End Of Men Whose Word Is Their Bond.

(Per favour of 'The Times'.)


"On the disgraced Sunday morning, December 3rd, whilst attending the
wounded diggers at the London Hotel, I was arrested by seven troopers,
handcuffed, and dragged to the Camp. On my arrival there, I was commanded
to strip to the bare shirt; whilst so doing I was kicked, knocked about,
and at last thrown into the lock-up by half-drunken troopers and soldiers.
My money, clothes, and watertight boots, which were quite new, could
nowhere be found at the Camp. Gaoler Nixon had bolted.

"From the confusion and excitement of that morning, I cannot say with
certainty the whole extent of my loss; but I can conscientiously declare
that it amounted to 30 pounds. The only thing which I saved was a little
bag, containing some Eureka dust, and my 'Gold-licence', which Inspector
Foster, who knew me, took charge of previous to my ill-treatment, and has
subsequently handed over to Father P. Smyth for me.

"Awaiting my trial in the Melbourne gaol, I made my 'complaint' to the
visiting justice, for the recovery of my property; but as I had not even
a dog to visit me in prison, so my complaint remained unnoticed. After
all, said worshipful the visiting justice (who was ushered into our yard
with 'Fall in, hats off!'), needs more power to him, as Joseph, the
nigger-rebel, for the 8 pounds, which had been robbed from him in due form
at the Camp, had the consolation to be informed by his worshipful that
gaoler Nixon had bolted.

"The glorious 'Not Guilty' from a British jury having restored me to my
former position in society, I embodied my 'claim' for restitution in a
constitutional form, and had it presented by a gentleman to the Colonial
Secretary, to be submitted for his Excellency's KIND Consideration.
His Excellency, soon after my trial, on being assured of my testimonials
to character and education, condescended to say, 'He was glad to hear I
was so respectable;' but His Excellency has not yet been pleased to
command the restitution of my property.

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