CHAPTER VII.

THE EUREKA HOTEL MURDER.

At last an incident caused the long-smouldering elements of disaffection to burst out suddenly in a blaze of infuriated indignation.

A digger named Scobie met an old chum of his, and being overjoyed at the unexpected re-union, hastened to show his good-fellowship by "shouting." In the course of the day the two became drunk, and attempted to enter Bentley's Eureka Hotel. Being refused admittance, Scobie got troublesome. An altercation ensued with the people of the hotel, during which his head was split open with a spade. The blow killed him. Bentley's Hotel was held in disrepute by respectable miners, and its proprietor was considered a bad character. An inquest was held on the body of the murdered man. It was not conducted with the care and discrimination which should attend such an inquiry. The coroner's verdict, "that the deceased died from the effects of a wound inflicted by a person unknown," was so at variance with public opinion, that another official investigation was held, which indicted Bentley for the killing of Scobie. At the police court the landlord was acquitted, but the manner in which the case was conducted made it patent to all that justice had been trifled with. The Police Magistrate was known to be intimate with the prisoner, and was believed to be a sharer in his illicit gains. The trial was so injudicially carried out, that the Junior Commissioner, Mr. Johnston, took copies of the evidence and forwarded them to the Attorney-General.

The diggers became furious upon hearing of this acquittal, and on the 17th October 1854 assembled in great numbers around Bentley's Hotel. They expressed dissatisfaction at the result of the trial, and subscribed money for the purposes of bringing the case before more competent authorities, and of offering a reward for the capture of the dastardly murderers of Scobie. Soldiers were told off to the gathering to nip in the bud any rebellious exhibitions of wrath. While the diggers moved round the spot, listening to indignant invectives of their spokesmen, a lad in the crowd threw a stone which narrowly missed a trooper, and smashed into pieces a pane of the lamp in front of the hotel. The police immediately tried to arrest the offender, and then the surging crowd gave free vent to its feelings. Stones and missiles of all kinds were thrown until every window in the hotel was broken into atoms. Madly infuriated, they rushed against the front door, almost battering it to pieces; and whilst the tumultuous crowd were attacking the front of the building, a man with a bundle of paper and other inflammable materials got into the bowling-alley at the rear and set the place on fire. The soldiers made strenuous efforts to disperse the people and save the hotel; but all in vain. Bentley succeeded in escaping during the melée, and on a swift horse rode to the Commissioners' camp for additional assistance. Presently more soldiers arrived on the scene, but it was too late to stop the flames, which had by this time taken a firm hold of the building. The immense blaze drew from the gravel pits all the diggers, excepting those who happened to be below and were unable to come up to the surface without the help of their mates at the windlass, who had impetuously left their posts in order to take part in the demonstration against officialism and injustice. The enveloping flames continued the work of destruction by greedily licking up the wooden beams and heavy columns, and finished by reducing the whole building to a spread of ashes.

For setting fire to the hotel three men well known on the diggings were arrested. This so incensed the diggers that they meditated an attack on the Commissioners' camp and a forcible release of the prisoners. However, after a time milder propositions prevailed, and it was agreed that nine of the diggers should offer bail. Accordingly, a deputation from the diggers went to the Commissioners, and succeeded in bringing away the three men, although at first the turbulence of the crowd led the officials to think that the offer of bail was merely a ruse to rescue the prisoners by force while the bail-bonds were being prepared. When the deputation came out of the camp with the three released captives, the crowd of diggers greeted them with such an impetuous rush that it required the prompt efforts of both the deputation and its charge to prevent a collision with the soldiers. A monster indignation meeting followed, at which the diggers collected £200 to be paid to the discoverer of the murderer of Scobie. They would have collected more had not the Government also offered a reward and as well rearrested Bentley, who this time was tried, convicted, and sentenced to three years' hard labour. The corrupt Police Magistrate shortly afterwards departed for more congenial scenes.

The trial of the three men for the burning of the hotel was held in Melbourne, and a number of the diggers attended. The prisoners were convicted, but with a strong recommendation to mercy, the jury adding that they would not have had their painful duty to perform if those entrusted with the government at Ballarat had done their duty properly. This rider to the verdict was received with loud and prolonged cheering by the crowded court. The three men were severally sentenced to three, four, and six months' imprisonment. This sentence was considered so unjust by the diggers that they promptly sent delegates to Melbourne to demand the release of the prisoners.

On the 27th of November the deputation (Messrs. Humffray, Kennedy, and Black) waited upon His Excellency the Governor. He listened to their remonstrances, but was so displeased with the haughty tone assumed by them that he said, as representative of Her Majesty, he could not allow their peremptory demand. However, it was intimated that if a proper memorial was sent to the Government the prisoners might be released from custody. But the delegates were forbidden by the indignant diggers to plead with the authorities, and therefore returned, leaving the object of their mission unattained. The people on the diggings were further incensed at this failure, and many now busied themselves in preparing arms and ammunition, while committees and leagues sat night and day.

The Government expected a violent outbreak of passion, and made preparations for eventualities by concentrating all available troops at Ballarat. The ill-feeling of the gold-fields' population soon manifested itself, several detachments of troops being pelted with mud and other missiles while marching along the diggings' thoroughfares. On the 28th of November, as a party of soldiers from Melbourne were approaching the camp at Ballarat, some diggers in ambush suddenly made a raid on the military waggons, in the hope of obtaining arms. They wounded a few soldiers, and managed to overturn several waggons and rifle their contents. But when in the vicinity of their camp the soldiers rallied, and, with the assistance of the mounted police, put the marauders to flight, wounding some of them. A crowd of men from the surrounding gullies left their tents and came up to see the conflict, but were soon driven away panic-stricken. It was eleven o'clock before the troops quartered, but the noise made by the diggers in keeping up huge fires, and continually discharging fire-arms, prevented them from obtaining any rest that night.

A LOYAL TOAST.

An episode which occurred on that turbulent evening shows the general feeling of dissatisfaction at the conduct of the officials. It is related by Mr. Samuel Irwin, a correspondent of the Geelong Advertiser:—

"A dinner was given by the American residents of Ballarat to the American Consul, and most of the leading residents of all nationalities were there. Just as the toasts were about to be proposed, a message was received by Mr. Commissioner Rede, stating that an attack had been made on some troops coming from Melbourne when they reached the workings on the Eureka lead. The Commissioner and other officials withdrew at once, as the report was that several lives had been lost. When the toast of the Queen was proposed, a significant fact was disclosed—for several minutes no one would respond to it. The duty of responding had originally been allotted to the resident Commissioner, who had left for the scene of the outrage. Many British subjects (business men and miners) were present, yet they sat without the slightest attempt to show their loyalty until the chairman said if no British subject would volunteer for the duty, he must do so himself. At length a gentleman undertook to respond. He very pithily said, 'While I and my fellow-colonists claim to be and are thoroughly loyal to our Sovereign Lady the Queen, we do not and will not respect her man-servants, her maid-servants, her oxen, or her asses.' The last word was delivered with an emphasis, and received with tumultuous applause."

BURNING THE LICENSES.

We learn from Withers' History of Ballarat that a monstre meeting was called by the reform league for the 29th of November, on Bakery Hill, at which some thousands were expected from Creswick, besides delegates from all the other gold-fields; for the movement had now become general, and emissaries had been sent all over the colony to enlist sympathy, procure help, and, in fact, make the rising national, if not revolutionary. At the meeting on the 29th, Humffray and the other delegates (Black and Kennedy) gave in their report of the conference with the Governor.

Some 12,000 men, it is said, were present at the meeting. A platform was erected, and on a flagstaff was hung the insurgent flag—the Southern Cross. The flag had a blue ground, on which, in silver, the four principal stars of the constellation of the Southern Cross were shown. Mr. Hayes was the chairman, and the site of the meeting was on the adjoining area, now occupied by Victoria Street, between East and Humffray Streets. Besides the committee of the league and the delegates, there were reporters on the platform, and two Roman Catholic priests—the Rev. Fathers Downing and Smyth. The Catholic Bishop had also come to help to maintain peace.

Resolutions condemnatory of the action of the authorities were adopted unanimously. It was proposed:—"That this meeting, being convinced that the obnoxious license fee is an imposition, and an unjustifiable tax on free labour, pledges itself to take immediate steps to abolish the same by at once burning all their licenses. That, in the event of any party being arrested for having no licenses, the united people will, under all circumstances, defend and protect them."

And again:—"That as the diggers have to pay no licenses, it is necessary for them to be prepared for the contingency, as it would be utterly inconsistent, after refusing to pay a license, to call in a Commissioner for the adjustment of such disputes; and this meeting resolves, whenever any party or parties have a dispute, the parties so disputing shall each appoint one man, the two men thus appointed to call in a third, and these three to decide the case finally."

Mr. Humffray proposed, and Mr. Kennedy seconded:—"That this meeting protests against the common practice of bodies of military marching into a peaceable district with fixed bayonets, and also any force, police or otherwise, firing on the people, under any circumstances, without the previous reading of the Riot Act; and that if Government officials continue to act thus unconstitutionally, we cannot be responsible for similar or worse deeds from the people."

The proposals were received with acclamation, and carried vociferously; and had it not been for the chairman and his supporters' interference, the men that ventured to hint of milder and more constitutional measures would have been torn limb from limb by the infuriated diggers.

Bonfires were made of licenses; guns and revolvers were discharged; and league tickets of membership were issued to the crowd. Troops were under arms in the gully beneath the camp all the time, waiting in readiness for an outbreak.

THE LAST DIGGER-HUNT.

"With incredible want of prudence, the authorities chose the juncture marked by the meeting of the 29th of November for a more irritating display than usual of the so long condemned practice of digger-hunting. On the 30th of November the last raid of this kind in Victoria occurred, under the direction of Commissioners Rede and Johnston, and the authorities by that act destroyed the remaining influence of the friends of moral force among the diggers. The police, supported by the whole military force available, with skirmishers in advance and cavalry on the flanks, formed on the flat south of the camp, and advanced upon the Gravel Pits, as the Bakery Hill diggings were called. This cleared the swarming crowd of diggers collected there, the diggers retiring as the troops advanced. At certain parts of the main road, however, the diggers made a stand, and received the troops with a running fire of stones and occasional gun-shots. The troops took some prisoners, and returned to the camp. Soon after that the Southern Cross was again hoisted on Bakery Hill; the diggers knelt round the flag, swore mutual defence, and implored the help of God. New leaders came to the front, as the advocates of moral force were discomfited by the authorities and the more turbulent insurgents." Peter Lalor, a native of the Queen's County, Ireland, who has since become one of our most prominent and respected legislators, assumed a foremost position at this dangerous turn of affairs. A fiery-spirited Italian, named Carboni Raffello, was another who then placed himself in the front rank of the diggers' movement.