-
"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:
