'Diggin' at Balooka? Yes, sir; followed the first rush. Heard talk of hoss-thieves among the boys; advised to hang the first man caught riding a wrong horse, just to skeer other critters. Worked well in San Francisco, that simple expedient. Do not know prisoner personally, but saw a man durned like him on Friday, 20th September last, in company with that skunk, Ned Lawless, trading horses.
'Lost no horse? No, sir; know too much to keep one on a placer workin'. Sold mine same day I struck the gulch.'
Cross-examined by Mr. England: 'Hev a sorter dislike to swear positively to prisoner as having been in company with Lawless on that Friday. To the best of my belief he was the man. (Has the prisoner any objection to look at me for a moment.)' Then Lance turned suddenly and looked at the witness with a determined and sternly interrogatory expression. The witness changed front noticeably. 'I now swear to the prisoner as the man I saw with Lawless on Friday; positively and plum-centre. Know his eyes anywhere. First day I saw him was the Wednesday before. He and Lawless both carried stock-whips.'
Senior-Constable Donnellan deposed: 'I am a mounted trooper, at present stationed at Balooka. I know the prisoner, and have been observing him closely at Balooka for the last three weeks. Frequently saw him in company with Edward Lawless and his sister. As they were suspicious characters, or, at any rate, had a name for finding horses that were not lost, I thought it my duty to watch them.
'On the morning of Wednesday, 18th instant, I saw Lawless and prisoner ride out early from the former's camp; they went for some miles up a gully, and on reaching the top, where there is a small plain, I saw two men meet them with a small lot (ten, I believe) of riding horses. They drove them to the camp and put them into a yard. I have ascertained that nearly all of them were stolen, and have since been identified by miners. Saw prisoner several times with Kate Lawless at Balooka; am certain that prisoner is the same man. Sent a messenger to Ballarat express to communicate with Sergeant Dayrell, who came over and arrested both prisoners.'
By Mr. England: 'Took particular notice of prisoner's appearance—prisoner is tall and broad-shouldered, with dark curly hair and dark complexion. Has no ill-will against prisoner, Trevanion. If it is sworn that prisoner was in another place, near Ballarat, at the time mentioned by me, would not believe it. It was impossible, unless a man could be in two places at once. Never spoke to prisoner at Balooka but once; noticed that he had remarkable eyes. Was at the Lawlesses' camp when he rode up with Kate Lawless; had seen him leave Balooka with her early that morning. He was riding the horse prisoner led back. Can't account for prisoner returning with a different horse and saddle, unless he "shook" it. Beg the Bench's pardon—meant he may have picked it up on the road. Thought prisoner looked slightly different, and was differently dressed. Spoke differently, a little, not much. Attributed this to seeing the Lawlesses, Ned and Dan, in the hands of the police when he returned; and was dressed differently from what he had on in the morning; had several times noticed him change his dress more than once in a day. Would swear to the prisoner; would know him by his eyes and general appearance anywhere.'
Several other witnesses—miners, stock-riders, and small farmers—were examined. They swore to ownership of various horses found in Ned Lawless's 'mob' or drove, now in charge of the police.
'Is that your case, sergeant?' inquired the police magistrate, when the last of these witnesses had, at some personal inconvenience, signed the depositions. 'I have but one other witness, your worship,' answered Dayrell with an air of great deference, 'rather a material one, however. Call Catharine Lawless.'
From whatever cause, the utterance of this witness's name produced a profound and universal sensation in the crowded court. Every miner knew that the young Englishman had foolishly, as most people thought,—very naturally, in the opinion of others,—admired the girl, and made no secret of his feelings. For what reason was she now to be called as a witness for the Crown? Had she turned traitress? Would she betray her sweetheart in the hour of his peril? Far from immaculate, vain, violent, and reckless as she was, the girls of her class and country were proverbially as true as steel to their lovers—clinging to them more closely in adversity, ready even to stand by them on the scaffold if need were.