Moderate reformers lose control

On Wednesday 29 November, a poster printed at the Ballarat Times office appeared around the diggings and the township, advertising another ‘Monster Meeting’ at Bakery Hill at 2.00 pm. [1] It advised diggers to ‘bring your licenses, they may be wanted’. At Bakery Hill, flying for the first time, on an eighty foot pole was the flag of the Southern Cross. A rough platform had been set up and Timothy Hayes, the chairman was joined on the platform by the Reform League Committee, Fathers Smyth and Downing, the delegates Humffray, Kennedy and Black and some reporters.

The main purpose of the meeting was to hear the response of Hotham to the League’s petition ‘demanding’ the release of McIntyre, Fletcher and Westerby. Humffray was initially well received by the crowd especially when he said that the Governor was determined to put an end to their grievances. George Black informed the crowd of 10,000 Ballarat residents that the Governor was in favour of the people but being ‘surrounded by injudicious advisers he was entirely impotent in state matters’. He told the diggers that as Hotham had rejected their use of the word ‘demand’ and it was proposed to return with a petition that was more moderately phrased. Humffray, despite his disappointment at Hotham’s response maintained his call for peaceful resistance and was supported by Fathers Smyth and Downing. Despite Evans’ belief that that ‘better portion of the meeting were I believe well disposed towards him’, Humffray lost his authority when he spoke against the burning of further mining licenses at the meeting. He and other moderates had formulated the Charter with its demands and warnings, but they had not weighed up the consequences of the government refusing to negotiate. [2]

The Reform League committee was deeply divided between those who continued to believe in peaceful agitation and those who favoured more militant action and attempts at conciliation were howled down by the increasingly fractious crowd. This was reflected in the report from the Argus correspondent:

I endeavoured to write a report of the proceedings but…it was impossible. The scene of excitement and confusion on the platform precluded the idea of a competent and proper report...

Raffaelo Carboni, among others, addressed the crowd and told them how he had fled from ‘the hated Austrian rule’ and called upon all ‘irrespective of nationality, religion, or colour to salute the Southern Cross as the refuge of all the oppressed from all countries of the earth’. The turning point came when Peter Lalor, prominent for the first time, put a motion to the meeting that the Ballarat Reform League should meet at the Adelphi Theatre at 2.00 pm on Sunday 3 December. [3] He also proposed that a new central committee be elected, composed of a representative for each 50 members of the League. It seems the group that had run the Ballarat Reform League would be replaced by a radical committee more in line with the mood among diggers and they roared their assent. Vern called for the burning of licenses and with this, the meeting ended. Whatever the implications of Vern’s resolution, most diggers were not prepared to go further than passive resistance. No shots had been fired by diggers or the Camp and few words had been spoken in anger. However, Rede was not alone in seeing this meeting as a public challenge to the authorities.

Hotham and Rede were now communicating in cipher and Hotham was concerned that the diggers had a strategic advantage, as the diggings were a singularly unsuitable terrain for offensive military action. Decisive action was therefore required. On Thursday 30 November, a hot and blustery day, Rede used an already planned license hunt to test the feelings of the people. Johnston led the hunt on the Gravel Pits diggings, accompanied by a troop of mounted and foot police, with drawn swords and fixed bayonets. [4] His detachment was pelted with rocks as they entered the diggings. Rede read the Riot Act under a hail of stones and a detachment of the 10th and 12th formed near the bridge. Several arrests were made but when Benjamin Ewins, George Goddard, Duncan McIntyre, William Bryan, Donald Campbell and John Chapman were finally brought to trial in mid-January 1855 for breaches of the peace, they were acquitted. [5] Some accounts reported that the soldiers fired a volley over the heads of the crowd; others stated that random shots came from both sides. It was clear that any further attempt to enforce the licenses would be met with violence and troops and police withdrew to the Government Camp by noon.

Of the diggers, some went to the Eureka, some to the Red Hill, where they hoisted their flag—‘The Southern Cross’--while the Commissioners and commanding officers were holding a consultation on the new road, evidently nonplussed as to what were the intentions of the diggers, and what they were next to do. At length the military and police formed themselves into divisions on the Bakery Hill, throwing out their ‘light bobs’ as sharpshooters behind the heaps surrounding the holes. The position being thus taken up, Mr. Johnson asked what he was to do if, in the collecting of the licenses and the apprehension of the unlicensed, violence were used. The answer from the officer in command of the police was, ‘If a man raises his hand to strike, or throw a stone, shoot him on the spot.’ These were the orders given to the police…All this took up some time, of course, and the grand review having taken place on Bakery Hill, the Government force, for some reason which, though both an ear and eye witness, I cannot understand, retired towards the Camp, but not in peace, for hundreds of diggers had equipped themselves with revolvers and with weapons of all kinds, both offensive and defensive. Scattered shots were heard about this time, and one man having ‘scaled’ his piece was pursued by a party of the police, who, acting under orders, fired on him amongst the tents, but luckily missed, but eventually captured him.[6]

Rede had maintained the law but the license hunt only further alienated the diggers. What had been a largely peaceful protest movement now inexorably plunged into armed insurrection. Evans was not alone in thinking:

Among the many false steps our Authorities have taken recently none I think have reached in reckless foolhardiness the one they took this morning…A little forbearance on the part of the authorities and I believe all would have been well, but this morning’s disastrous policy has raised feelings of bitter animosity in the breasts of many who a little while ago were eager that the difficulties should be settled by moral means, and all now look forward with apprehension to the consequences. [7]

Who provoked whom between 27 and 30 November? The Argus reported that at the Bakery Hill meeting on 29 November:

The Resident Commissioner rode up to Mr Humffray...and said, ‘See now the consequences of your agitation’. To which Humffray replied, ‘No! But see the consequences of impolitic coercion’. I wish that our local authorities had but a little common sense. Was it right, was it politic to go on a license-hunting raid in such terms and under such exciting circumstances? [8]

Blame is normally placed at the door of the authorities. Hotham commented in his narrative despatch 162:

All cause for doubt as to their real intention from this moment disappeared; by the most energetic measures must order be restored, and property maintained; a riot was rapidly growing into a revolution, and the professional agitator giving place to the man of physical force. [9]

Rede was uncompromising in his insistence that law and order be maintained in Ballarat and has been regarded as the man responsible for the carnage when the Eureka Stockade was attacked. It was the authorities that reinforced the military presence at Ballarat, who rejected the League’s advances on 27 November and who initiated the license hunt three days later. This neglects the role of Captain Charles Pasley, Colonial Engineer to Victoria and a nominated member of the Executive Council from October and, after he arrived in Ballarat in late November, the unofficial government man on the spot. [10] He was quickly admitted to Rede’s council of war ensuring that Rede’s zeal for law and order was not diminished while not directly involving the government in Melbourne. In his daily letters to Hotham, sent through formal channels to John Foster the Colonial Secretary, he consistently made it clear that the burgeoning democratic movement needed to be snuffed out. In his correspondence Rede, by contrast had emphasised the need to restore law and order not protecting the status quo from democratic encroachments. It was only after Pasley arrived that Rede’s attitude hardened and he began to speak in terms that mirrored Pasley. [11]

However, the diggers’ deputation had given Hotham little room for manoeuvre and he felt, with some justification that he had already made important concessions. The crucial development in these four days was the failure of the moderates within the League’s leadership and the drift towards those with a more militant and republican approach. Yet many miners remained ambivalent in their attitude to the cause of the Eureka rebels. Faced, not simply by a threat to public order, but by full-scale rebellion as the diggers armed and established their Stockade, no longer prepared to negotiate. Fearing that the riot was growing rapidly into a revolution, Hotham and the authorities had run out of options short of military action.

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[1] Ibid, Molony, John, Eureka, pp. 118-120, details the meeting.

[2] ‘Domestic Intelligence’, Argus, 1 December 1854, p. 5.

[3] Turner, Ian, ‘Peter Lalor (1827-1889)’, ADB, Vol. 5, pp. 50-54, provides a concise biography. Berry, A., From tent to parliament: The life of Peter Lalor and his coadjutors: history of the Eureka Stockade, (Berry, Anderson & Co), 1934; Turnbull, Clive, Eureka: The Story of Peter Lalor, (The Hawthorn Press), 1946, and Blake, Les, Peter Lalor: The Man From Eureka, (Neptune Press), 1979, are more detailed.

[4] ‘Ballaarat: Serious Outbreak at Ballaarat’, Argus, 2 December 1854, p. 5, gives a detailed account of this digger-hunt.

[5] Depositions against these individuals are in PROV 5527/P Unit 1, Item 10 (Ewins), Item 11 (Goddard), Item 12 (Bryan), Item13 (Chapman), Item 14 (McIntyre), and Item 15 (Campbell).

[6] ‘Ballaarat: Serious Outbreak at Ballaarat’, Argus, 2 December 1854, p. 5, provides a detailed account of this digger-hunt.

[7] SLV, MS 13518, Charles Evans, Diary, 30 November 1854, pp. 121-126.

[8] Argus, 2 December 1854, p. 5.

[9] Hotham to Sir George Grey, 20 December 1854, PROV 1085/P0, Duplicate Despatches from the Governor to the Secretary of State, Unit 8, Duplicate Despatch no. 162.

[10] Pasley hardly figures in accounts of events in Ballarat but Blake, Gregory, To Pierce The Tyrant’s Heart: A Military History of The Battle for The Eureka Stockade 3 December 1854, (Sydney Australian Military History Publications), 2009, pp. 98-100, considers his role to be fundamental to subsequent events. See also, McNicoll, Ronald, ‘Pasley, Charles (1824-1890), ADB, Vol. 5, pp. 409-412.

[11] Ibid, Blake, Gregory, To Pierce The Tyrant’s Heart: A Military History of The Battle for The Eureka Stockade 3 December 1854, p. 100. 

Breaking the Habit: A Life of History

Just Published

Historians, it has been said, are rather like a good bottle of wine…they mature with age. Being seen as a rather crusty claret may not be a bad thing and I’ve now reached the point in my life when I feel it right to air—as with the claret—my own reflections on the nature of History in an increasingly challenging environment. I do not claim that my own life has been anything other than ordinary but when you get to a certain age I suppose you start to look back on things. What follows is an otiose attempt to make sense of my own life by intermingling autobiography with materials on History, teaching and learning initially written often at speed as part of on-going debates on education and history but now revised in the more cloistered solitude of my study.

Breaking the Habit: A Life of History

• Paperback: 184 pages
• Publisher: CreateSpace Independent Publishing Platform, (1 March 2016)
• Language: English
• ISBN-10: 1530295238
• ISBN-13: 978-1530295234

Deliberate provocation?

Hotham increasingly shared Rede’s suspicions about the revolutionary aims of the diggers and decided to reinforce the regular troops in Ballarat. As events moved rapidly to their climax over the next six days, all Hotham could do was to wait for despatches to arrive in Melbourne with growing unease. On 27 November,[1] he deployed 70 soldiers of the 12th Regiment under the command of Captain Atkinson and a company of the 40th Regiment, 50 strong, commanded by Captain Henry Wise to Ballarat. [2] When Wise arrived at Ballarat the following day, he brazenly marched his men with bayonets fixed and muskets primed through the diggings to the Government Camp. In addition, the Argus reported that mounted police troops with two pieces of artillery and many of the police from Melbourne were also under orders to go to Ballarat.

In Ballarat, Father Smyth, acting as an unofficial mediator, secretly visited Commissioner Rede on Sunday night or Monday morning warning him of the potentially explosive situation on the diggings and that the Camp was in danger of being attacked. As a result, Rede reported his concerns to Melbourne having been informed that the diggers could muster 1,000 rifles and 900 men had assembled on one occasion to attack the Camp. This was fabricated either by Rede or Smyth since at no time were the diggers able to muster 1,000 riflemen in Ballarat. Rede faced a paradox: an attack on the Camp was daily expected and yet the diggers appeared as quiet and well-disposed as ever. There is no evidence that the Reform League had any intention of attacking the Camp and Rede was correct in telling Melbourne he was in charge of the fields in which good order prevailed. Despite this, he concluded that the only way out of this impasse was to crush the digger movement. Events now reinforced that conviction.

On Tuesday 28 November, a detachment of two officers and men of the 12th Regiment, accompanied by supply carts carrying ammunition arrived at Ballarat at dusk.[3] Unlike Captain Wise, the officer commanding did not order his men to fix bayonets or load their muskets; in fact many of the muskets were not being carried but were in the carts. Their route took them through the Eureka diggings, a difficult process during the day but even more so at night, where the last two carts were attacked by a group of diggers. A skirmish occurred, shots were fired and the wagons overturned. John Egan, the Regiment’s drummer boy was shot in the leg and an American driver seriously wounded. [4] It has never been determined who attacked the soldiers or who fired the shots but the attack may have been occasioned by the belief among diggers that the soldiers were bringing artillery to Ballarat. At the time of the scuffle, Rede was attending a function for the American Consul James Tarleton at the Victoria Hotel where Tarleton gave his support to the government and reminded American diggers that they should obey the law. [5] Once his reinforcements arrived, Rede had 435 officers and men under arms. Rede had, according to some sources ‘come to a state bordering on frenzy’. [6] He saw the mob as the potential source of rebellion but he was unsure who the mob was except that he believed that no true Briton was part of it. He was also unclear about what rebellion meant but feared a republican uprising. By Tuesday night, Rede had the military force to deal with anything the diggers were planning.

Public opinion was important to the diggers but this incident suggests that they were not going out of their way to cultivate it. The Argus had been forthright in its criticism of the government and in its support for the diggers but this incident led to a temporary shift in editorial perspective. It commented:

While the burning of the Eureka Hotel was condemned as a rash and inconsiderate action, the hope was entertained that the occurrence might give additional earnestness to the enquiry which has been instituted, and lead to real and permanent good....A wagon upset in the dark night, the soldiery, who have never yet struck a blow or fired a shot against the diggers, beaten with their own arms, a driver brutally maltreated and a poor drummer shot through the thigh - are these deeds that will enlist the sympathies of an intelligent people? Is the maiming of a drummer-boy a worthy triumph for a large mass of a British population, who wish to occupy a creditable position in the eyes of the world?’ With an eye to the future, the editorial commented ‘Now it must be evident to intelligent men that there is a point at which Government must take a stand. [7]

Evans was equally critical of the attack:

It is some relief to the feelings of Englishmen to know that the row was commenced & principally carried on by the worst portion of the digging community, old Convicts & Tipperary men, for no man however well disposed towards the diggers’ interests can disguise the fact from himself that it was a cowardly affair. [8]

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[1] Argus, 28 November 1854, p. 4.

[2] Smith, Neil C., Soldiers Bleed Too: the Redcoats at the Eureka Stockade 1854, (Mostly Unsung Military History Research and Publications), 2004, lists the men of the 12th and 40th Regiments.

[3] ‘Domestic Intelligence’, Argus, 1 December 1854, p. 5, wrongly identified the troops as from the 40th Regiment. See also, Rede to Chief Gold Commissioner Wright, 30 November 1854, PROV, 1189/P Unit 92, J54/14460.

[4] John Egan or Eagan was not fatally wounded in this incident as was persistently believed until shown as myth by Dorothy Wickham. The people of Ballarat even erected a small memorial to him since he was thought to have died in the rebellion. Egan did not die until 8 September 1860 (Death Certificate: NSW 1860/002463) aged twenty-one at Victoria Barracks Sydney and was interred in the Roman Catholic burial grounds.

[5] Potts, E. Daniel, and Potts, Annette, ‘American Republicanism and the Disturbances on the Victorian Goldfields’, Historical Studies, Vol. 13, (1968), pp. 145-164, and Potts, E. Daniel, and Potts, A., Young America and Australian Gold, (University of Queensland Press), 1974, explore the American dimensions to Eureka.

[6] Ibid, Molony, John, Eureka, p. 118.

[7] Argus, 28 November 1854, p. 4, 1 December 1854. p. 5.

[8] SLV, MS 13518, Charles Evans, Diary, 28 November 1854, p. 117.

Fear, more fear and yet more fear

Although we will not know whether David Cameron has been able pull the proverbial rabbit from his hat until Friday and come back from Brussels with a settlement that he can put to the people, the campaigns for and against remaining in the EU started well before Christmas.  Some argue that what Cameron has negotiated is largely irrelevant to whether people are in favour of remaining in the EU or not.  This is a campaign that will be won or lost on the basis of fear.  This is already evident in the media with newspapers putting forward fear stories on an almost daily basis.  For instance, the Sunday Express says congestion charging could be introduced into towns across Britain under EU guidelines to reduce global warming…now that’s guaranteed to anger motorists and those who see the EU as simply interfering in people’s lives..while in the Sunday Times travel chiefs suggest that, in the event of Brexit, cheap flights are at risk…so no more cheap continental holidays. Eurosceptic Conservative Sir Bill Cash claims German MP Gunther Krichbaum told him the UK would not be able to survive on its own and could face crippling trade tariffs on its exports. Mr Krichbaum denies the claim and says he simply warned that Britain would no longer have access to the single market.

Although there is great enthusiasm either way for the referendum in the Westminster village.   The Independent on Sunday highlights a poll suggesting the prime minister's personal ratings have slumped amid dissatisfaction with his EU renegotiation efforts. The numbers who look on David Cameron favourably dropped seven points in the past three months to 31 per cent- although the same poll sees support for the Tories over Labour extend to 14 points.  I do not get any real enthusiasm from talking to people in Dunstable. In fact, if anything, it’s the reverse. Even those who say that they intend to vote in favour of the EU—and remember this is before the deal is finalised—do so with little enthusiasm…it’s a case of, on balance, I think we’re better remaining in but I can’t say that I have any real feeling for the EU.  Young people, especially if you’re 16 and 17, feel short-changed by politicians who gave them the vote in the Scottish referendum but deny them in the equally constitutional EU referendum.  That many would have voted to remain in the EU is perhaps why this was the case but that’s a political rather than constitutional decision.  Although the current polls suggest that the ‘leave campaign’ had a slight lead, it is a campaign that is incoherent, divided and leaderless with competing organisations seemingly unable to come together while the ‘stay campaign’ appears—with the exception of Alan Johnson’s Labour pro-EU organisation—to have really not got going at all…whoever thought that Lord Rose should be the face of the remain campaign really don’t understand the general public at all…a bucket of Fried Chicken would have greater appeal.

In fact, looking at the limited nature of the negotiations, the mess of the remain campaign, the internal divisions in the leave campaign and the lack of enthusiasm among the public for the whole thing…it’s all a big stitch-up as one person confided in me…it’s hardly surprising that it’s a case of fear, more fear and yet more fear. 

Trials and demands

Although the Riot Enquiry, which reported on 17 November, expressed general satisfaction with affairs in Ballarat, it recommended the dismissal of Police Magistrate Dewes, whose close links with James Bentley were exposed and Police Sergeant-Major Milne, whose activities included bribery and corruption, on which Hotham acted quickly on 20 November. [1] It also noted that the most important cause of alienation was the gold license. Hotham had already concluded that a full-scale investigation was needed after his visit to the goldfields in August and on 16 November had established a Royal Commission to Inquire into the Condition of the Goldfields of Victoria, something more wide-ranging than the Riot Enquiry. [2] Chaired initially by William Haines[3] and supported by fellow Legislative Councillors John Pascoe Fawkner, John O’Shanassy, William Westgarth and James Strachan [4] and by William Wright, the Chief Commissioner, its report proved to be a ‘document of crucial importance’. [5] Commissioner Rede was in Melbourne during the second and third weeks of November attending the trial of Fletcher, McIntyre and Westerby and took the opportunity to meet with both Wright and Hotham. He was increasingly convinced that problems in Ballarat were the result of a small group of ‘foreigners’ who wanted to overthrow colonial government and who were manipulating the other diggers. Hotham took a less serious view of the Ballarat incidents recalling most of the troops sent to restore order after the riot on 17 October though he agreed with Rede on limiting the influence of known troublemakers.

On Saturday 18 November, the trial of James Bentley, Catherine Bentley, John (or Thomas) Farrell and William Hance in Melbourne’s Supreme Court began. Judge Redmond Barry presided over the case; Richard Ireland acted as Counsel for the Bentleys, while A. Michie and Mr Whipman represented Thomas Farrell and William Hance respectively. Crown Prosecutor, Attorney-General W. F. Stawell, presented evidence that had been previously used in the inquests and magisterial hearings, but on this occasion called two new witnesses, who would alter the fate of the accused. [6] Michael Welsh, who lived at the Eureka Hotel, testified that on the night of Scobie’s murder he saw the victim arguing with William Hance through the broken window of the hotel. This evidence was supported by the testimony given by Mooney that revealed Bentley’s and Farrell’s attempts to conceal what had occurred in the early hours of that morning. The jury took only fifteen minutes to convict Bentley, Hance and Farrell of the manslaughter of James Scobie but Catherine Bentley, now heavily pregnant was acquitted. On 20 November, they were sentenced to three years hard labour on the roads. [7]

The same day, Redmond Barry began the trial of McIntyre, Fletcher and Westerby who were represented by Richard Ireland. During the trial, Ireland stated that had the authorities been more vigilant in dealing with the death of James Scobie, the diggers would not have felt compelled to seek their own form of justice. Stawell, taking great offence on the government’s behalf, retorted that the motive behind Ireland’s inflammatory statement was monetary, a claim the defence counsel vehemently denied, stating he was defending the three diggers pro bono. Despite evidence from Assistant-Commissioner Amos and others that McIntyre had tried to save property from the hotel and Fletcher was only a spectator, several witnesses against McIntyre had submitted depositions of his active involvement in the destruction of the hotel. [8] The jury retired in the afternoon to discuss its verdicts but returned two hours later claiming it could not reach a unanimous verdict seeking permission to take account of the ineptitude of the police on the day and the provocation experienced by the diggers. Redmond Barry emphatically refused the request. At around 9 pm after deliberating for five hours, the jury returned its verdict to the court. McIntyre, Fletcher and Westerby were found guilty with a recommendation for clemency. The jury expressed its opinion that ‘it would never have been their painful duty to give such a verdict had the Government officials at Ballarat done theirs’, a declaration well received in the community. The crowd in the courtroom asserted its jubilation with loud cheers, even though Judge Barry refused to accept the jury’s rider, itself an unorthodox decision. The following day, Redmond Barry handed down less harsh sentences than were anticipated: McIntyre three months, Fletcher four months and Westerby six month in Melbourne Gaol. Barry’s leniency may have been intended to avoid providing further grievances among the diggers and prevent further acts of civil disobedience. The Argus concluded:

In this trial, as in that of Bentley, the law has been upheld; but, in both cases, the Government has been disgraced. The verdict of the jury, in the case of the riot was as adverse to the Government as it was to the prisoners. [9]

On Monday 27 November, the Ballarat Reform League’s representatives John Humffray, Thomas Kennedy and George Black went to Melbourne to meet Hotham, but without success. [10] The deputation put the diggers’ grievances before Hotham, the Colonial Secretary and Attorney-General were also present, not as a petition, but as demands. Evans commented:

I never heard of anything more ridiculously absurd. No man in his senses can believe for a moment that the Governor will recognize the word demand in a petition. It is easy to guess the result of it. [11]

George Black ‘demanded’ the release of McIntyre, Fletcher and Westerby ‘in the name of the Ballarat diggers’. Hotham unsurprisingly took exception to the use of the word. Black pointed out that it had been requested by the Reform League Committee and reiterated that all the diggers felt that they were guilty of arson but were justified in their actions as the magistrates had failed to dispense justice. Hotham argued that he had set up the Board of Enquiry that uncovered corruption on which he had already acted and that he had also appointed a Royal Commission though Black objected that its members had been appointed without reference to the diggers. Although emphasis has been placed on the diggers’ ‘demand’, the minutes of the meeting suggests that it was more wide-ranging dealing with the broader constitutional and political issues raised by the diggers. Humffray emphasised the constitutional nature of the protest but intimated to Hotham that the ‘popular voice’ needed to be heard. Hotham appeared willing to make some concessions offering to admit one elected digger representative to the Legislative Council immediately but Black felt that this was insufficient. The delegates were reminded of the benefit to the diggers in the new legislation that was then en route to England and the meeting ended. The delegates, who found Hotham fair but certainly not conciliatory, left the meeting with only a vague hope that a formally prepared petition might bring success and returned to Ballarat to consult with their members. Hotham and the moderate reformers had lost their last opportunity for reconciliation.

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[1] Riot at Ballarat, Report and Evidence of the Board of Enquiry into the Death of James Scobie and Burning of the Eureka Hotel, printed 21 November 1854, Votes & Proceedings, A.27/1854-55. See also, ‘Legislative Council’, Argus 22 November 1854, p. 4.

[2] ‘Legislative Council’, Argus, 17 November 1854, p. 4. Anderson, Hugh, (ed.), Report from the Commission appointed to inquire into the Condition of the Goldfields, first published 1855, (Red Rooster Press), 1978, pp. 116-120.

[3] Malone, Betty, ‘William Clark Haines (1810-1866)’, ADB, Vol. 4, pp. 315-317.

[4] Brown, P. L., ‘James Ford Strachan (1810-1875)’, ADB, Vol. 2, p. 492.

[5] H. V. Evatt’s introduction to Carboni, Raffaelo, The Eureka Stockade, first published 1855, (Sunnybrook Press), 1942, p. xxvi.

[6] The brief for the prosecution documents the ways in which it planned to conduct its case against those accused of Scobie’s murder, PROV 5527/P Unit 1, Item 5.

[7] ‘The Trial of Bentley’, Argus, 20 November 1854, p. 4.

[8] PROV 5527/P Unit 1, Item 8.

[9] Argus, 21 November 1854.

[10] Minutes of the meeting between Hotham and the diggers’ representatives: PROV 1095/P Unit 3, Bundle 1 no. 16. Ibid, Molony, John, Eureka, pp. 106-110, gives a riveting account of the meeting. See also, ‘Ballaarat’, Argus, 29 November 1854, p. 4.

[11] SLV, MS 13518, Charles Evans, Diary, 26 November 1854, p. 116.