Edward Layton
"Official form on blue paper - evidence - Edward Layton, tent keeper, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four from Edward Layton of Ballarat in the Colony of Victoria tentkeeper personally came before me one of Her Majesty's Justices of the Peace for the said Colony, and acknowledged himself to owe to our Sovereign Lady the Queen the sum of one hundred pounds, 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 Edward Layton shall fail in the condition indorsed.
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me
E.P.S.Sturt JP
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four from Edward Layton of Ballarat in the Colony of Victoria tentkeeper personally came before me one of Her Majesty's Justices of the Peace for the said Colony, and acknowledged himself to owe to our Sovereign Lady the Queen the sum of one hundred pounds, 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 Edward Layton shall fail in the condition indorsed.
Taken and acknowledged the day and year of your first above mentioned at Ballarat in the said Colony before me
E.P.S.Sturt JP
"Official form on blue paper - evidence - Edward Layton, tent keeper, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
The condition of the within written Recognizance is such, That Whereas Henry Westerby alias Yorky this day charged before me a Justice of the Peace within mentioned, for that he the said Henry Westerby alias Yorkie was the Seventeenth day of October 1854 at Ballarat in the Colony aforesaid, did with other persons riotously and tumultuously assemble, and did then and there, feloniously burn, pull down and destroy the dwelling of one James Francis Bentley it therefore be the said Edward Layton, tentkeeper shall appear at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the fifteenth day of November A.D., 1854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Henry Westerby alias Yorkey for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Henry Westerby alias Yorkey then the said Recognizance to be void or else stand in full force and virtue.
The condition of the within written Recognizance is such, That Whereas Henry Westerby alias Yorky this day charged before me a Justice of the Peace within mentioned, for that he the said Henry Westerby alias Yorkie was the Seventeenth day of October 1854 at Ballarat in the Colony aforesaid, did with other persons riotously and tumultuously assemble, and did then and there, feloniously burn, pull down and destroy the dwelling of one James Francis Bentley it therefore be the said Edward Layton, tentkeeper shall appear at the Supreme Court of Criminal Sessions to be holden at Melbourne in and for the Colony of Victoria, on the fifteenth day of November A.D., 1854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Henry Westerby alias Yorkey for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Henry Westerby alias Yorkey then the said Recognizance to be void or else stand in full force and virtue.
"Depositions of witnesses Maurice Ximenes, John Dougherty, Gordon Evans, Robert Tulley, Cornelius Sorrell, Michael Murphy, and Edward Layton re Henry Westerby, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 90
Victoria Ballarat(M.)
(11 and 12 Vic., c. 42)
DEPOSITIONS OF WITNESSES
To Wit
The Examination of Maurice Frederick Ximenes, John Dougherty, Gordon Evans, Robert Pulley, Cornelius Sorrell, Michael Murphy and Edward Layton of Ballarat in the said Colony of Victoria 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 Henry Westerby alias Yorkey Who is charged this day before us for that he the said Henry Westerby alias Yorkey, on the Seventeenth 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 Maurice Frederick Ximenes on his oath saith as follows
I am Sub Inspector of Police at Ballarat.
On the 17th Instant I was
Victoria Ballarat(M.)
(11 and 12 Vic., c. 42)
DEPOSITIONS OF WITNESSES
To Wit
The Examination of Maurice Frederick Ximenes, John Dougherty, Gordon Evans, Robert Pulley, Cornelius Sorrell, Michael Murphy and Edward Layton of Ballarat in the said Colony of Victoria 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 Henry Westerby alias Yorkey Who is charged this day before us for that he the said Henry Westerby alias Yorkey, on the Seventeenth 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 Maurice Frederick Ximenes on his oath saith as follows
I am Sub Inspector of Police at Ballarat.
On the 17th Instant I was
"Deposition of Maurice Frederick Ximenes, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90
ordered to proceed, to Bentley’s Hotel a meeting had taken place in the Neighbourhood a crowd assembled in the front of the Hotel They were shooting and shouting, Prisoner Henry Westerby advanced to the front of the House by himself he struck the house with his clenched hand. He addressed the people, and proposed that Bentley’s House should belong to the Diggers – immediately
ordered to proceed, to Bentley’s Hotel a meeting had taken place in the Neighbourhood a crowd assembled in the front of the Hotel They were shooting and shouting, Prisoner Henry Westerby advanced to the front of the House by himself he struck the house with his clenched hand. He addressed the people, and proposed that Bentley’s House should belong to the Diggers – immediately
"Deposition of Edward Layton, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90
And this Deponent Edward Layton on his oath saith
I am a Tent Keeper. On the 17th Inst. I went up to the meeting at the Eureka Hotel when the Crowd was dispersing I went into the Hotel prisoner was in, and raised up his hands and proposed that the house be pulled down I begged of him to go out he went out immediately after, a stone struck my
And this Deponent Edward Layton on his oath saith
I am a Tent Keeper. On the 17th Inst. I went up to the meeting at the Eureka Hotel when the Crowd was dispersing I went into the Hotel prisoner was in, and raised up his hands and proposed that the house be pulled down I begged of him to go out he went out immediately after, a stone struck my
"Deposition of Edward Layton, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
face through the Window afterwards I saw prisoner with a Rail in his hands Striking the House with it – I saw him throw several stones at the House
By prisoners Attorney – It was something like a Rail he had in his hand, I saw him strike the House – he assisted to knock the House down
Edward Layton
Sworn before us at Ballarat this 27 October 1854
The Prisoner Henry Westerby declines to make any Statement and is committed for trial at the Supreme Court of Criminal Sessions at Melbourne on the 15th Day of November 1854
face through the Window afterwards I saw prisoner with a Rail in his hands Striking the House with it – I saw him throw several stones at the House
By prisoners Attorney – It was something like a Rail he had in his hand, I saw him strike the House – he assisted to knock the House down
Edward Layton
Sworn before us at Ballarat this 27 October 1854
The Prisoner Henry Westerby declines to make any Statement and is committed for trial at the Supreme Court of Criminal Sessions at Melbourne on the 15th Day of November 1854
"Queen v Henry Westerby, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
Queen v Henry Westerby alias Yorkey
Witnesses Edward Layton, Michael Murphy, Cornelius Sorrell, Robert Pulley – constable Gordon Evans – Insp Police John Dougherty – con: Maurice Frederick Ximenes – Sub-Insp
Queen v Henry Westerby alias Yorkey
Witnesses Edward Layton, Michael Murphy, Cornelius Sorrell, Robert Pulley – constable Gordon Evans – Insp Police John Dougherty – con: Maurice Frederick Ximenes – Sub-Insp
Contents
Background
Edward Layton was a Tent Keeper at Ballarat in 1854
Goldfields Involvement, 1854
Post 1854 Experiences
See also
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]]
Further Reading
Corfield, J., Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.
References
