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.
