Difference between revisions of "Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854"

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E P Sturt PM Charles P Hackett PM]]
 
E P Sturt PM Charles P Hackett PM]]
  
[[File:I05527-p0000-000001-0070-010-015.jpg|800px|thumb|centre|"Deposition [[Frederick Levy]], p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/>
+
[[File:I05527-p0000-000001-0070-010-015.jpg|800px|thumb|left|"Deposition [[Frederick Levy]], p.1, PROV, VPRS5527/P0 Unit 1, Item 70<br/>
 
And this deponent<br/>
 
And this deponent<br/>
 
[[Frederick Levy]] on his oath said<br/>
 
[[Frederick Levy]] on his oath said<br/>
 
I am an agent for a Melbourne House. I remember the 17th. I saw prisoner Hird about 150 yards from Bentley's House. We were about 50 yards from the House. I told him that we must rescue the females from the house he said he had been assisting in rescuing Mrs Bentley ]]
 
I am an agent for a Melbourne House. I remember the 17th. I saw prisoner Hird about 150 yards from Bentley's House. We were about 50 yards from the House. I told him that we must rescue the females from the house he said he had been assisting in rescuing Mrs Bentley ]]
  
[[File:I05527-p0000-000001-0070-010-016.jpg|800px|thumb|centre|"Deponent Fredk Levy, p.2, PROV, VPRS5527/P0 Unit 1, Item 70<br/>
+
[[File:I05527-p0000-000001-0070-010-016.jpg|800px|thumb|left|"Deponent Fredk Levy, p.2, PROV, VPRS5527/P0 Unit 1, Item 70<br/>
 
From the House - and that I need not be afraid on that score I told him this was fearful, he said BG it was fearful work. I know the prisoner to be a man of good repute.<br/>
 
From the House - and that I need not be afraid on that score I told him this was fearful, he said BG it was fearful work. I know the prisoner to be a man of good repute.<br/>
 
Fredk Levy.<br/>
 
Fredk Levy.<br/>

Revision as of 19:28, 21 May 2017

"Official form on blue paper - evidence - Henry Wright, trooper, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
Recognizance to give evidence.
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Henry Wright of Ballarat in the Colony of Victoria Trooper 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 Henry Wright 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
EPS Sturt JP


"Official form on blue paper - evidence - Albert Hurd, 17 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70
The condition of the within written Regcognance is such, That Whereas Albert Hurd was this day charged before me as Justice of the Peace within mentioned, for the said Albert Hurd on 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, the Dwelling House of one James Francis Bentley it therefore be the said Henry Wright 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., 854, and there give such evidence as he knoweth upon an information to be then and there preferred against the said Albert Hurd for the offence aforesaid, as the Jurors who shall pass upon the trial of the said Albert Hurd then the said Recognizance to be void or else stand in full force and virtue.


"Official form on blue paper - evidence - Thomas Wood, constable, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Recognizance to give evidence.
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Thomas Wood 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 Thomas Wood 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
EPS Sturt JP


"Official form on blue paper - evidence - Thomas Conboy, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Recognizance to give evidence.
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Thomas Conboy of Ballarat in the Colony of Victoria Trooper 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 Thomas Conboy 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
EPS Sturt JP
"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, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Recognizance to give evidence.
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Frederick Levy of Ballarat in the Colony of Victoria Agent 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 Frederick Levy 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
EPS Sturt JP
"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, 27 October 1854, PROV, VPRS5527/P0 Unit 1, Item 70 Recognizance to give evidence.
Be it remembered, that on 27th day of October in the year of our Lord One thousand eight hundred and fifty four Maurice Linquist of Ballarat in the Colony of Victoria Auctioneer 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 Linquist 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
EPS Sturt JP
"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
"Deposition Thomas Conboy, p.1, PROV, VPRS5527/P0 Unit 1, Item 70
And this Defendant Thomas Conboy, on his oath saith as follows.
I was on duty on the 17 inst at the Eureka Hotel where there was a crowd of people assembled. I saw Trooper Wood struck with a bottle on the shoulder. It drew my attention to the direction the bottle came from. I saw the prisoner "Hurd" throwing several things at the Hotel and calling out to burn the bloody
"DeponentThomas Conboy, p.2, PROV, VPRS5527/P0 Unit 1, Item 70
murderer's house down.
By this Atty Defendant I swear distinctly I saw prisoner throwing Bottles and some things at the house. I cannot swear they struck the house.
Thos Conboy
Thomas Conboy Sworn before us at Ballarat this 27th October 1854
E P Sturt PM Charles P Hackett PM
"Deposition Frederick Levy, p.1, PROV, VPRS5527/P0 Unit 1, Item 70
And this deponent
Frederick Levy on his oath said
I am an agent for a Melbourne House. I remember the 17th. I saw prisoner Hird about 150 yards from Bentley's House. We were about 50 yards from the House. I told him that we must rescue the females from the house he said he had been assisting in rescuing Mrs Bentley
"Deponent Fredk Levy, p.2, PROV, VPRS5527/P0 Unit 1, Item 70
From the House - and that I need not be afraid on that score I told him this was fearful, he said BG it was fearful work. I know the prisoner to be a man of good repute.
Fredk Levy.
Sworn before us at Ballarat this 27th October 1854
EP Sturt PM Charles P Hackett PM
"Deposition Maurice Linquist, p.1, PROV, VPRS5527/P0 Unit 1, Item 70
This Deponent
Maurice Linquist on his oath saith I am auctioneer near Bentley's.
remember the 17th Inst. I lived near there at the time, I know that Mrs Bentley ad Mrs Gadd were in a tent close to mine, but I do not know who brought them there.
I cannot recollect that prisoner helped to take
"Deposition Maurice Linquist , p.2, PROV, VPRS5527/P0 Unit 1, Item 70
the houses out.
Maurice Linquist

The Prisoner Albert Hurd declining to make any statement and is committed for trial at the Supreme Court of Criminal Sessions to be holden at Melbourne on the 15 November next.
November next Sworn before us at Ballarat this 27th October 1854 E P Sturt PM Charles P Hackett PM


"Queen v Henry Wright, Thomas Wood, Thomas Conboy, Frederick Levy and Maurice Linquist, PROV, VPRS5527/P0 Unit 1, Item 70
Queen v Albert Hurd ~ Riot and pulling down house On bail Witnesses Maurice Linquist Frederick Levy Thomas Conboy - Constable Thomas Wood – Trooper Ms. Read Appd. 7 Nov 1854 Copied 8 Nov 1854 Ded.(?) Nov 1854 Riotous ??? to be included in information got McIntyre re ?