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.
