Michael Murphy

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"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.
"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 Ximenes Sub Inspector
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. Broadhurst 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
"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

Background

Goldfields Involvement, 1854

Michael Murphy on his oath at Ballarat this 27 October 1854 said "I am a private of 40th Regt. On the 17th Inst by Command of Lieut. Broadhurst 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 I was close to the prisoner at this time I was only the length of firelock from him.

Post 1854 Experiences

Obituary

See also

Military

Evelyn Sturt

Further Reading

References


External links