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

"Official form on blue paper - evidence - Maurice Ximenes, sub-inspector police, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - John Hagherty, constable, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - John Hagherty, constable, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Gordon Evans - inspector police, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Gordon Evans - inspector police, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Robert Tulley, constable, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Robert Tulley, constable, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Cornelius Sorrell, private 40th Regiment, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Cornelius Sorrell, private 40th Regiment, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Michael Murphy, private 40th Regiment, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Michael Murphy, private 40th Regiment, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Maurice Frederick Ximenes, sub-inspector police, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Edward Layton, tent keeper, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Official form on blue paper - evidence - Edward Layton, tent keeper, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"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 Dogherty, Gordon Evans, Robert Pulley, Cornelius Sorell, 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 Dogherty 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 Dogherty
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 90br/> When a missile struck the house He said Well done boys’’br/> 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.br/> 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

"Deposition of Cornelius Sorrell, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Deposition of Cornelius Sorrell, 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90

"Deposition of Michael Murphy, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Deposition of Michael Murphy, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Deposition of Edward Layton, 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90

"Deposition of Edward Layton, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90

"Queen v Henry Westerby, 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90