Wearne was one of a party of Cornishmen from Boscaswell Row, St Just. Peter Ellis, Penrose, Penneluna and Read were part of his group.
Goldfields Involvement, 1854
According to PROV, Depositions such as those contained in these documents, served as a record of the initial hearing. Local magistrates heard the charged against the person arrested. The accused had an opportunity to respond to the charges.
Recognizance to give evidence: James Wearne.
11 and 12 Vic., c.42.
RECOGNIZANCE TO GIVE EVIDENCE
Be it remembered that on the 8th day of December in the year of Our Lord One thousand eight hundred and fifty four James Wearne of Ballarat in the Colony of Victoria, Gold Miner, 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 and lawful money of Great Britain, to be made and levied of his goods and chattels, lands and tenements, to the use of our said Lady the Queen, her Heirs ad Successors, if he the said James Wearne shall fail in the condition indorsed.
Taken and acknowledged the day and year first above mentioned at Ballarat in the said Colony before me (Signed) E. P. Sturt
The Condition of the within written Recognizance is such, That Whereas Michael Tuhey [sic], Henry Read & James Campbell were this day charged before me a Justice of the Peace within mentioned for that they the said Michael Tuhey, Henry Read & James Campbell on the third day of December 1854 at Ballarat in the Colony afresaid, did feloniously, willfully & traitorously fire at attack & kill certain troops of our Sovereign Lady the Queen
if therefore he* the said
James Wearne shall appear at the Gaol Delia? to be holden at Melbourne in and for the Colony of Victoria on the fifteenth day of January A.D., 1855, and there give such evidence as he* knoweth upon an Information to be then and there preferred against the said Michael Tuhey, Henry Read & James Campbell for the offence aforesaid, to the Jurors who shall pass upon the trial of the said Michael Tuhey, Henry Read & James Campbell then the said Recognizance to be void or else to stand in full force and virtue.
Handwritten evidence. 18
And this deponent James Wearne on his oath saith
On the third Instant I heard the firing at Eureka. I got up and my two mates -
I saw Read, Penneluna and Penrose go towards the Bakery Hill. - I saw a small disturbance. Some troopers came down and asked some questions and they took Penrose and Read away in custody.
Sworn before me at Ballarat this 8 December 1854
Signed James Wearne
Post 1854 Experiences
Corfield, J.,Wickham, D., & Gervasoni, C. The Eureka Encyclopaedia, Ballarat Heritage Services, 2004.