Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854, 3

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"Official form on blue paper - evidence - Maurice Ximenes, sub-inspector police, 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 Maurice Frederick Ximines of Ballarat in the Colony of Victoria Sub-Inspector of Police 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 Maurice Frederick Ximines 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 - John Dougherty, constable, 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 John Dougherty of Ballarat in the Colony of Victoria Constable of Police 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 John Dougherty 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 - John Dougherty, constable, 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 Bentley it therefore be the said John Dougherty 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.
"Official form on blue paper - evidence - Gordon Evans - inspector police, 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 Gordon Evans of Ballarat in the Colony of Victoria Inspector of Police 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 Gordon Evans 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 - Gordon Evans - Inspector police, 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 Gordon Evans, Inspector of Police 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.
"Official form on blue paper - evidence - Robert Tulley, constable, 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 Robert Tulley of Ballarat in the Colony of Victoria Constable 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 Robert Tulley 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 - Robert Tulley, constable, 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 Robert Tulley, Constable 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.
"Official form on blue paper - evidence - Cornelius Sorrell, private 40th Regiment, 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 Cornelius Sorrell of Ballarat in the Colony of Victoria Private - 40th Regiment 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 Cornelius Sorrell 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 - Cornelius Sorrell, private 40th Regiment, 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 Cornelilus Sorrell, private 40th Regiment 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.
"Official form on blue paper - evidence - Michael Murphy, private 40th Regiment, 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 Michael Murphy of Ballarat in the Colony of Victoria Private - 40th Regiment 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 Michael Murphy 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 - Michael Murphy, private 40th Regiment, 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 Michael Murphy 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.
"Official form on blue paper - evidence - Maurice Frederick Ximenes, sub-inspector police, 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 Maurice Frederick Ximenes, Constable 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.


"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
"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.
"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
"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
"Deposition of Maurice Frederick Ximenes, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90
after the mob commenced throwing stones.

Maurice Frederick Kemines Sub Inspector
Sworn before us at Ballarat this 27 October 1854
"Deposition of John Dougherty, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

And this Deponent John Dougherty on his oath saith I am Constable On this day 17 October Inst. I was on duty at the Eureka Hotel, at this time the house was burned. I saw the prisoner Westerby there, acting as a Ring leader to the mob in destroying the Hotel, he made answer to a request made by Mr Rede Resident Commissioner, that he was as good an Englishman as him, that they had looked long enough to the Courts for satisfaction
"Deposition of John Dougherty, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

that they did not get it but now that they would take it. He proposed pulling down the House and called to those who were of the same opinion to hold up their hands he then advanced towards the Hotel and commenced pulling off the Boards.
By per Counsel. I was there, he was standing along side the prisoner. I saw Prisoner pull the Boards off the House. I distinctly swear that prisoner did
"Deposition of John Dougherty, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

pull the Boards off the House – I did not see him strike the House. I saw him pulling the boards off the House and heard him say that the House should belong to the Diggers. Mr Rede was near to prisoner, at this time.
John Dougherty
Sworn before us at Ballarat this 27 October 1854
"Deposition of Gordon Evans, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

Deponent Gordon Evans on his oath saith as follows I am Inspector of Police at Ballarat I was present at a Riot at the Eureka Hotel on the 17 Inst I saw Prisoner Westerby there he was trying to disturb the procedures of the meeting, he was very noisy. I think he was sober at the time, when the crowd advanced to the Hotel prisoner ? to ask ? when my back was turned, to excite
"Deposition of Gordon Evans, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

the mob. I heard him say Diggers I propose that this House belong to us I saw him in the afternoon he was drunk his conduct throughout was such as tended to excite the people I saw prisoner strike the House.
By prisoners Attorney – He might have pulled the Boards at the House without my seeing it. I saw prisoner, from the commencement
"Deposition of Gordon Evans, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

of the Row there
Gordon Evans
Sworn before us at Ballarat 27 October 1854
"Deposition of Robert Tulley, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

This Deponent Constable Robert Pulley on his oath saith as follows-
On this 17th Inst I was on duty at the Eureka Hotel there was a great Crowd assembled there, the people commenced to pelt at the Building with missiles of various sorts the Prisoner Westerby was one of the first I observed doing so I saw him throw several times stone bottles and old boots (?) he picked up he was encouraging the people round him to throw also
"Deposition of Robert Tulley, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

When a missile struck the house He said Well done boys’’
Shortly after this I saw him pull the weather boarding off the house at the side and commenced smashing the windows with one of them, I observed him a full hour destroying the place and encouraging others to do the same.
By prisoners Attorney I was continuously moving about I was sometimes rubbing against the prisoner in the Crowd
"Deposition of Robert Tulley, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

I was two or three yards from the Prisoner when he shouted “Well done” boys I swear he said so: I am quite sure he did say so. I swear that during one hour I saw him half that time.
There was a great crowd assembled there and they burned the house to the Ground.
Robert Pulley
Sworn before us at Ballarat this 27th October 1854
"Deposition of Cornelius Sorrell, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

And this deponent Cornelius Sorrell on his oath saith – I am a private of the 40th Reg On Tuesday the 17th Octr. When under the Command of Lieut. Broahurst I was marched to Bentley’s Eureka Hotel, I arrived there about two o’clock in the afternoon – I saw a great Crowd collected there, a portion of the number were in possession of the Hotel, the Windows were broken I saw Mr Rede Resident Commissioner
"Deposition of Cornelius Sorrell, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

with a man with no shirt standing close to the window, shortly after Captn. Evans came to Lieut. Broahurst stating it was (text deleted) I saw prisoner at the Hotel amongst the Crowd I saw the prisoner try to make the fire blaze when the police were extinguishing it he was also – breaking in the sides of the House he seized my musket and tried to take it
"Deposition of Cornelius Sorrell, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

from me he did not do so. I heard him say he could beat (?) 100 such as were there90
By prisoners Attorney – I never saw prisoner before. I distinctly swear to the prisoner being the man I saw endeavouring to burn the House.90

Cornelius Sorrell 40th regiment90
Sworn before us at Ballarat this 27 October 1854
"Deposition of Michael Murphy, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

And this Deponent Michael Murphy on his oath saith I am a private of 40th Regt. On the 17th Inst by Command of Lieut. Broahurst I was marched to Bentley’s Hotel. We formed round the Hotel I saw the prisoner Westerby seize the firelock of Private Sorrell and try to take it from him – he was pushed away by Mr. Commr. Rede
By prisoners Attorney I was close
"Deposition of Michael Murphy, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

to the prisoner at this time I was only the length of firelock from him
Michael Murphy
Sworn before us at Ballarat this 27 October 1854
"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
"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
"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