Difference between revisions of "Public Record Office Victoria VPRS 5527 Official Forms, Evidence and Depositions, October 1854, 3"

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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]]
 
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]]
  
[[File:I05527-p0000-000001-0090-010-018.jpg|800px|thumb|centre|"Deposition of [[Robert Tulley]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90br/>
+
[[File:I05527-p0000-000001-0090-010-018.jpg|800px|thumb|centre|"Deposition of [[Robert Tulley]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
When a missile struck the house He said Well done boys’’br/>
+
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/>  
+
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]]
 
By prisoners Attorney I was continuously moving about I was sometimes rubbing against the prisoner in the Crowd]]
  
[[File:I05527-p0000-000001-0090-010-019-1.jpg|800px|thumb|centre|"Deposition of [[Robert Tulley]], 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90
+
[[File:I05527-p0000-000001-0090-010-019-1.jpg|800px|thumb|centre|"Deposition of [[Robert Tulley]], 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
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
+
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.<br/>
There was a great crowd assembled there and they burned the house to the Ground
+
There was a great crowd assembled there and they burned the house to the Ground.<br/>
Robert Pulley
+
[[Robert Pulley]]<br/>
 
Sworn before us at Ballarat this 27th October 1854]]
 
Sworn before us at Ballarat this 27th October 1854]]
  
[[File:I05527-p0000-000001-0090-010-020.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-020.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
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]]
  
[[File:I05527-p0000-000001-0090-010-021.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-021.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
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]]
  
[[File:I05527-p0000-000001-0090-010-022.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-022.jpg|800px|thumb|centre|"Deposition of [[Cornelius Sorrell]], 27 October 1854, p.3, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
from me he did not do so. I heard him say he could beat (?) 100 such as were there90<br/>
 +
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<br/>
 +
[[Cornelius Sorrell]] 40th regiment90<br/>
 +
Sworn before us at Ballarat this 27 October 1854]]
  
[[File:I05527-p0000-000001-0090-010-023.jpg|800px|thumb|centre|"Deposition of [[Michael Murphy]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-023.jpg|800px|thumb|centre|"Deposition of [[Michael Murphy]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
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<br/>
 +
By prisoners Attorney I was close]]
  
[[File:I05527-p0000-000001-0090-010-024.jpg|800px|thumb|centre|"Deposition of [[Michael Murphy]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-024.jpg|800px|thumb|centre|"Deposition of [[Michael Murphy]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
to the prisoner at this time I was only the length of firelock from him<br/>
 +
[[Michael Murphy]]<br/>
 +
Sworn before us at Ballarat this 27 October 1854]]
  
[[File:I05527-p0000-000001-0090-010-025.jpg|800px|thumb|centre|"Deposition of [[Edward Layton]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-025.jpg|800px|thumb|centre|"Deposition of [[Edward Layton]], 27 October 1854, p.1, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
And this Deponent [[Edward Layton]] on his oath saith<br/>
 +
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]]
  
[[File:I05527-p0000-000001-0090-010-026.jpg|800px|thumb|centre|"Deposition of [[Edward Layton]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-026.jpg|800px|thumb|centre|"Deposition of [[Edward Layton]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
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<br/>
 +
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<br/>
 +
[[Edward Layton]]<br/>
 +
Sworn before us at Ballarat this 27 October 1854<br/>
 +
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]]
  
[[File:I05527-p0000-000001-0090-010-026v.jpg|800px|thumb|centre|"Queen v [[Henry Westerby]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90]]
+
[[File:I05527-p0000-000001-0090-010-026v.jpg|800px|thumb|centre|"Queen v [[Henry Westerby]], 27 October 1854, p.2, PROV, VPRS5527/P0 Unit 1, Item 90<br/>
 +
Queen v [[Henry Westerby]] alias Yorkey<br/>
 +
Witnesses [[Edward Layton]], [[Michael Murphy]], [[Cornelius Sorrell]], [[Robert Pulley]] – constable [[Gordon Evans]] – Insp Police [[John Dogherty]] – con: Maurice Frederick Ximenes – Sub-Insp]]

Revision as of 00:39, 2 June 2017

"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 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 Dogherty – con: Maurice Frederick Ximenes – Sub-Insp