Albert Hurd

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"Official form on blue paper - evidence - Thomas Conboy, 17 October 1854, 27 October 1854,PROV, VPRS5527/P0 Unit 1, Item 70
The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said Thomas Conboy shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said Albert Hurd for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.


"Official form on blue paper - evidence - Thomas Conboy, 17 October 1854, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said Thomas Conboy shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said Albert Hurd for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.
"Official form on blue paper - evidence - Frederick Levy, 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said Frederick Levy shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said Albert Hurd for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.
"Official form on blue paper - evidence - Maurice Linquist, auctioneer, 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 at Ballarat did with other Persons riotously and tumultuously assembled and did then and there feloniously burn, pull down, the Dwelling House of one James Francis Bentley it therefore to the said Maurice Linquist shall agree at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there give such evidence as be knoweth upon an Information to be true and there proffered against the said Albert Hurd for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else to stand in full force and virtue.
"Official form on blue paper - evidence - Henry Harris, auctioneer, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Recognizance of Bail
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Albert Hurd of Ballarat in the Colony of Victoria Henry Harris of Ballarat in the said Colony Auctioneer, and Constantine Blessig of Ballarat in the said Colony, Merchant, personally come before me and the sum of five hundred pounds, and the said Henry Harris and Constantine Blessig the sum of two hundred and fifty pounds each of good lawful money of Great Britain, to be made and levied of the goods and chattels, lands and tenements, in the use of our said Lady the Queen, her Heirs and Successors, if the said Albert Hurd shall in the condition indorsed.
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me
EPS Sturt JP
"Official form on blue paper - evidence - Henry Harris, auctioneer, 15 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
The Condition of the within written Recognizance is such, That Whereas Albert Hurd was this day charged before me a Justice of the Peace within mentioned, for that he be the said Albert Hurd on the Seventeenth day of October 1854 with others at Ballarat did with force demolish pull down and destroy the House and Premises of James Francis Bentley known as the Eureka Hotel it therefore to the said Albert Hurd shall appear at the next Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the Fifteenth day of the November A.D., 1854, and there surrender myself into the custody of the Keeper of the Common Gaol there, and plead to such information as may be filed against him for and in respect of the charge aforesaid, and take his trial upon the same, and not depart the said Court without leave, then the said Recognizances to be void or else to stand in full force and virtue.
"Deposition of Witnesses - Henry Wright, Thomas Wood, Thomas Conboy, Frederick Levy and Maurice Linquist re Bentley Hotel, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Depositions of Witnesses
The examination of Henry Wright, Thomas Wood, Thomas Conboy, Frederick Levy and Maurice Linquist of Ballarat in the said Colony, taken on oath, this 27th day of October, in the Year of our Lord one thousand eight hundred and fifty-four at Ballarat in the Colony aforesaid, before the undersigned Two of Her Majesty's Justices of the Peace for the said Colony, in the presence and hearing of Albert Hurd who is charged this day before us for that he the said Albert Hurd on the twentieth day of October 1854 at Ballarat in the Colony of Victoria aforesaid, together with other Persons, did tumultuously and Riotously assemble, and did then and there burn pull down and destroy the Dwelling House of one James Francis Bentley.
This deponent Henry Wright on his oath saith as follows I am a "trooper," on the 17 Instant at the


"Deposition Henry Wright, p.1, PROV, VPRS5527/P0 Unit 1, Item 70
The Eureka Hotel I was on Duty there I was in front of the Hotel and at the side of the Hotel.
I am Trooper Wood struck with a bottle on the head. I looked 'round, I saw the prisoner Albert Hurd throwing things at the Eureka Hotel. I saw the prisoner Hurd pulling down the palings at the back of the Hotel
"Deposition Henry Wright , p.2, PROV, VPRS5527/P0 Unit 1, Item 70
the Building at this time was on fire. We moved round. I saw nothing of the prisoner after. By prisoners Attention. I was near to Wood at the time, I swear I saw prisoner Hurd pull down more than one paling there were others pulling at the same time. I was near to the prisoner. I was near enough to hear if I paid attention to what he might say. sworn before me at Ballarat this 27 October 1854.
Signed E P Sturt PM Charles P Hackett PM
Signed Henry Wright


Deposition Thomas Wood, p.1, PROV, VPRS5527/P0 Unit 1, Item 70
And this deponent Thomas Wood on his oath saith. I am a Constable. On the 17 inst I was sent to the Eureka Hotel. I saw the prisoner Albert Hurd throwing bottles and stones at the Hotel a few minutes after I saw him with a stick in his hand. He was saying “Come on my boy one will have plenty wood let us tear it down. I saw prisoner Hurd taking Cloths and
"Deposition Thomas Wood, p.2, PROV, VPRS5527/P0 Unit 1, Item 70
rags that were on fine and thrown them into the Buildings - {By prisoners attn. I am quite sure prisoner was the man. I cannot be mistaken. I spoke to him he had a bundle of wood in his hand.
The ranks were taken several times by diggers breaking through - the part that prisoner threw the Rags into was not on fire, another part of the building was burning, his dress I think was
"Deposition Thomas Wood, p.3, PROV, VPRS5527/P0 Unit 1, Item 70
similar to what he was .... on he had no coat on -
By the Bench There were some hundreds of people there they were very riotous and joining in the Disturbance.
I had sufficient time to observe the prisoner Hurd. I have not the slightest doubt of him now.
Thomas Wood

Background

Albert Hurd was from the United States of America. He was arrested and charged for participating in the burning of the Eureka Hotel on 17 October 1854. he was granted bail and was later released without charge. It has been suggested that the charges were dropped because of behind the scenes 'half American, half masonic'influence.[1]

Goldfields Involvement, 1854

Albert Hurd was from the United States of America. He was arrested on 26 October 1854 in connection with the Ballarat Riot (burning of Bentley's Eureka Hotel). Eventually the case was dropped against him because of 'back stair influence" of 'half American, half Masonic' character.[2]

Thomas Wood was a constable at Ballarat in 1854. He was present at the burning of the Eureka Hotel. At the subsequent trial he gave evidence against Albert Hurd.[3]

Names of persons arrested in connection of having been connected in the riot at Eureka (being the burning of Bentley's Hotel).
Date of Arrest Name How disposed of
Oct 21, Andrew McIntyre , Committed for trial Geelong 26 Nov.
Oct 21, Thomas Fletcher, Committed for trial Geelong, 26 Nov.
Oct 26, Henry Westerby, Committed for trial Melbourne, 15th Nov.
Oct 26, Manestra Flatow, discharged
Oct 26, Samuel Butler, discharged
Oct 26, Albert Hurd, Committed for trial Melbourne 15th Nov. On bail
Oct 27, John Balderston, discharged
Oct 27, George McIntosh, discharged
Oct 27, Charles Stewart, discharged
Oct 27, John van Der Byl, discharged[4]

Also See

Thomas Wood

United States of America


For Forms, Evidence and Depositions in relation to the James Scobie trial click the following link Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854

References

  1. Corfield, J., Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
  2. Potts, E. Daniel and Potts, Annette, Young America and Australian Gold. University of Queensland Press, 1974.
  3. Corfield, J., Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
  4. PROV, VPRS 1189, Unit 153, File J54 12-469.