Difference between revisions of "Public Record Office Victoria VPRS 5527 Queen v Bentley & Others, October 1854"
Dottigee16 (talk | contribs) |
Dottigee16 (talk | contribs) |
||
(4 intermediate revisions by the same user not shown) | |||
Line 116: | Line 116: | ||
− | [[File:vprs.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.9, PROV, | + | [[File:vprs.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.9, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | <br/><br/> | + | <br/> |
+ | <br/> | ||
[[Mary Ann Welch]]<br/> | [[Mary Ann Welch]]<br/> | ||
Sworn states I am the wife of [[Benjamin Welch]] a Gold Digger I am the mother of the last witness I recollect last Saturday morning the 7th instant a noise occurred to attract my attention I believe between 1 & 2 o’clock my son was in the tent with me & 2 babies I was disturbed by a noise at Mr Bentley’s house there were about 2 or 3 men passed about the left hand side of my tent I did not see them I heard them they went a short diHance and appeared from the sound to be returning when I heard 2 or 3 people there might have been more come from the back of Bentley's house out of the back entrance some voice said “don’t throw anything at them” our tent is about 10 yards from the back of the Hotel I heard the people pick up a spade distinctly as they passed the spade now produced is the same they went on & from the sound they met the other men I heard footsteps returning a scuffle ensued like men fighting I heard a tremendous blow as if given by an instrument all was then quiet & I heard 2 or 3 people return before the blow I heard a voice say “how dare you break my window” the voice was familiar to me & I believe it was Mr Bentley’s after the blow was given they returned towards the Hotel and as they passed they threw down the spade & one of them said that is the way to treat these sweeps this was a man’s voice I will not swear to the voice but to the best of my belief it was Mr. Bentley’s voice I the heard a man call for assistance & say “in the name of God go for a Doctor]] | Sworn states I am the wife of [[Benjamin Welch]] a Gold Digger I am the mother of the last witness I recollect last Saturday morning the 7th instant a noise occurred to attract my attention I believe between 1 & 2 o’clock my son was in the tent with me & 2 babies I was disturbed by a noise at Mr Bentley’s house there were about 2 or 3 men passed about the left hand side of my tent I did not see them I heard them they went a short diHance and appeared from the sound to be returning when I heard 2 or 3 people there might have been more come from the back of Bentley's house out of the back entrance some voice said “don’t throw anything at them” our tent is about 10 yards from the back of the Hotel I heard the people pick up a spade distinctly as they passed the spade now produced is the same they went on & from the sound they met the other men I heard footsteps returning a scuffle ensued like men fighting I heard a tremendous blow as if given by an instrument all was then quiet & I heard 2 or 3 people return before the blow I heard a voice say “how dare you break my window” the voice was familiar to me & I believe it was Mr Bentley’s after the blow was given they returned towards the Hotel and as they passed they threw down the spade & one of them said that is the way to treat these sweeps this was a man’s voice I will not swear to the voice but to the best of my belief it was Mr. Bentley’s voice I the heard a man call for assistance & say “in the name of God go for a Doctor]] | ||
− | [[File:I05527-p0000-000001-0050-010-013.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.10, PROV, | + | [[File:I05527-p0000-000001-0050-010-013.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.10, PROV, VPRS 5527/P0 Unit 1, Item 5 |
<br/> | <br/> | ||
<br/> | <br/> | ||
Line 130: | Line 131: | ||
− | [[File:I05527-p0000-000001-0050-010-014.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.11, PROV, | + | [[File:I05527-p0000-000001-0050-010-014.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.11, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
<br/> | <br/> | ||
there were 2 Servants there besides me Mrs Gill & [[Mary Haines]] – Duncan is the barman there is a man named Sam there he is in the Stables the waiter in the Hotel is William then is George in the Bowling Ally the people were not all gone to bed when I went to bed<br/> | there were 2 Servants there besides me Mrs Gill & [[Mary Haines]] – Duncan is the barman there is a man named Sam there he is in the Stables the waiter in the Hotel is William then is George in the Bowling Ally the people were not all gone to bed when I went to bed<br/> | ||
Line 137: | Line 139: | ||
− | [[File:I05527-p0000-000001-0050-010-015.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.12, PROV, | + | [[File:I05527-p0000-000001-0050-010-015.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.12, PROV, VPRS 5527/P0 Unit 1, Item |
+ | <br/> | ||
<br/> | <br/> | ||
of the Prisoners present that morning I asked if he was certain & he said to the best of my belief he did not mention any other name to me he could not recognise any one else<br/> | of the Prisoners present that morning I asked if he was certain & he said to the best of my belief he did not mention any other name to me he could not recognise any one else<br/> | ||
Line 144: | Line 147: | ||
− | [[File:I05527-p0000-000001-0050-010-016.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.13, PROV, | + | [[File:I05527-p0000-000001-0050-010-016.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.13, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
<br/> | <br/> | ||
for such a spade would inflict a more serious wound than the one given the wound could not have been produced by one fall the blow in my opinion was the immediate cause of death<br/> | for such a spade would inflict a more serious wound than the one given the wound could not have been produced by one fall the blow in my opinion was the immediate cause of death<br/> | ||
Line 151: | Line 155: | ||
− | [[File:I05527-p0000-000001-0050-010-017.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.14, PROV, | + | [[File:I05527-p0000-000001-0050-010-017.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.14, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
<br/> | <br/> | ||
Taken before [[John Dewes]]<br/> | Taken before [[John Dewes]]<br/> | ||
Line 158: | Line 163: | ||
− | [[File:I05527-p0000-000001-0050-010-018.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.15, PROV, | + | [[File:I05527-p0000-000001-0050-010-018.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.15, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
<br/> | <br/> | ||
for Prosecution went away quarrelling I heard Mr Bentley distinctly in his bedroom the parties went quarrelling away in about ½ an hour I heard Dr. Carr come and say someone was seriously ill Bentley called out loudly and Mr Gadd went down stairs to obey his orders you can hear if any one goes in and out of Mr Bentley’s room I did not hear any one go in or out of Mr Bentley’s room during that time<br/> | for Prosecution went away quarrelling I heard Mr Bentley distinctly in his bedroom the parties went quarrelling away in about ½ an hour I heard Dr. Carr come and say someone was seriously ill Bentley called out loudly and Mr Gadd went down stairs to obey his orders you can hear if any one goes in and out of Mr Bentley’s room I did not hear any one go in or out of Mr Bentley’s room during that time<br/> | ||
Line 165: | Line 171: | ||
− | [[File:I05527-p0000-000001-0050-010-019.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, | + | [[File:I05527-p0000-000001-0050-010-019.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
+ | <br/> | ||
+ | door if any people had moved about I must have heard them. This was about 12 o’clock when I locked up the door I have a watch and I trust it sometimes I did not have the key of the back door but I could hear if any door was opened I know Bentley was in his room all the time because I heard him speak I swear Mr and Mrs Bentley could not leave that room without my knowledge<br/> | ||
− | |||
− | |||
− | |||
+ | Alfred Carr Sworn states I am a licensed Medical PractitionerI examined the body of Deceased death was caused by the rupture of one of the blood vessels of the brain and the effusion of blood consequently thereon the rupture was caused by a blow Deceased had received numerous blows I cannot swear which of the blows caused death the external surface of the nose was injured the nose at the junction with the cheek was injured I am of opinion that if the spade was used it would have caused more serious injury and of a different character than those made the bruise on the head was so slight that it was not detected until the removal of the scalp the opinion formed at the time that the blows were inflicted from the fist or kicks there was no appearance of a fracture of the skull I was in bed reading on the evening of this night I heard a disturbance about the Hotel about 1 o’clock I heard persons passing in 2 parties and talking in an elevated voice I was called up in about 25 minutes afterwards I had deceased taken to the Hotel]] | ||
− | |||
+ | [[File:I05527-p0000-000001-0050-010-020-1.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.16, PROV, VPRS 5527/P0 Unit 1, Item 5 | ||
+ | <br/> | ||
+ | <br/> | ||
and I requested the Police to be sent for Bentley sent for the Police | and I requested the Police to be sent for Bentley sent for the Police | ||
My impression is that a blow caused death it is possible that the blow on the head might have been given by the spade but the probabilities are against it | My impression is that a blow caused death it is possible that the blow on the head might have been given by the spade but the probabilities are against it | ||
− | Thomas Mooney Sworn states on the night of the 6th or morning of the 7th instant I was on watch at the Eureka Hotel I was employed by Mr Bentley as a watchman about 1 o’clock at night I was called by William Duncan the barman I was between the stable and the bowling alley I was told to go round to the front of the House to get some men away that were making a noise I went round I saw 2 men there and told them they would get no drink at that time of night I returned back to the yard Duncan asked if they were gone I told him they were Bentley came out & Mr Bentley the Prisoner Farrell and the Clerk Farrell was stopping there at the Hotel some time I do not know the name of the clerk they went out at the gate of the yard and they said they had broken the windows and I was not looking after them the 2 men were by a tent below the House I went with these people and Mr Bentley said these are the men that have broken our windows the vagabonds Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell the Clerk and Farrell both kicked Scobie while he was down I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent I did not strike Martin but took him by the collar and he was so drunk he fell Deceased [[James Scobie]]. | + | Thomas Mooney Sworn states on the night of the 6th or morning of the 7th instant I was on watch at the Eureka Hotel I was employed by Mr Bentley as a watchman about 1 o’clock at night I was called by William Duncan the barman I was between the stable and the bowling alley I was told to go round to the front of the House to get some men away that were making a noise I went round I saw 2 men there and told them they would get no drink at that time of night I returned back to the yard Duncan asked if they were gone I told him they were Bentley came out & Mr Bentley the Prisoner Farrell and the Clerk Farrell was stopping there at the Hotel some time I do not know the name of the clerk they went out at the gate of the yard and they said they had broken the windows and I was not looking after them the 2 men were by a tent below the House I went with these people and Mr Bentley said these are the men that have broken our windows the vagabonds Farrell struck Scobie and knocked him down I collared Martin and he was drunk and stumbled and fell the Clerk and Farrell both kicked Scobie while he was down I did not see Bentley strike the man but he had a spade in his hand he got the spade from near a tent I did not strike Martin but took him by the collar and he was so drunk he fell Deceased [[James Scobie]].]] |
− | [[File:I05527-p0000-000001-0050-010-021.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.17, PROV, | + | [[File:I05527-p0000-000001-0050-010-021.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.17, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
+ | <br/> | ||
For Prosecutiondid not get up after I saw Farrell strike him Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out in about ½ an hour an alarm was given and the body of Deceased James Scobie was brought to the Hotel Bentley got up and came out to where I was and went to the stable for his horse and said he would proceed to the Camp for Police before he went he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the Police he called me in and again told me not to say anything more than he previously directed I am sure that Martin was not struck but it was from the fall he was hurt as he fell upon his face | For Prosecutiondid not get up after I saw Farrell strike him Mr Bentley said that is the right way to serve the vagabonds for breaking our windows they all went back to the House and I think they went to bed as the lights were put out in about ½ an hour an alarm was given and the body of Deceased James Scobie was brought to the Hotel Bentley got up and came out to where I was and went to the stable for his horse and said he would proceed to the Camp for Police before he went he told me not to say anything about it except that 2 men were in the front of the house and he was in bed himself and that the 2 men went away when Bentley said this Farrell was present the Clerk told me the day following not to say anything about it when Bentley returned from the Camp with the Police he called me in and again told me not to say anything more than he previously directed I am sure that Martin was not struck but it was from the fall he was hurt as he fell upon his face | ||
− | Michael Welch Sworn states that he was living in the House as Waiter that at ½ past 1 of the night of the 6th the man who was drunk came to the front door of the Inn and tried to get in he broke in a pannel of the door and glass of the window I heard Duncan tell him to go away that he should have no drink at that time of night I heard him tell the Clerk that he would give him a hiding if he would come out with Mrs Bentley | + | Michael Welch Sworn states that he was living in the House as Waiter that at ½ past 1 of the night of the 6th the man who was drunk came to the front door of the Inn and tried to get in he broke in a pannel of the door and glass of the window I heard Duncan tell him to go away that he should have no drink at that time of night I heard him tell the Clerk that he would give him a hiding if he would come out with Mrs Bentley]] |
− | [[File:I05527-p0000-000001-0050-010-022.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.18, PROV, | + | [[File:I05527-p0000-000001-0050-010-022.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.18, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
+ | <br/> | ||
again told him to go away and he called her a whore I was in bed at the time in the Bar Bentley Farrell the clerk and Duncan the barman was in the bar at the time the man was trying to get in and also Mrs Bentley they all left the Bar I cannot say they went out but I heard them after a few minutes return to the dining room Mrs Bentley was laughing when Duncan came in I asked him what she was laughing at so hearty he said that fellow got a clip that was at the Door shortly after this the body of the deceased Scobie was brought in Dr Carr was called in and Farrell assisted him when the man was trying to get in I heard another man some little diHance off call him to come away and never mind them. | again told him to go away and he called her a whore I was in bed at the time in the Bar Bentley Farrell the clerk and Duncan the barman was in the bar at the time the man was trying to get in and also Mrs Bentley they all left the Bar I cannot say they went out but I heard them after a few minutes return to the dining room Mrs Bentley was laughing when Duncan came in I asked him what she was laughing at so hearty he said that fellow got a clip that was at the Door shortly after this the body of the deceased Scobie was brought in Dr Carr was called in and Farrell assisted him when the man was trying to get in I heard another man some little diHance off call him to come away and never mind them. | ||
Thomas Mooney Sworn states I am a Labourer and live at Ballarat I have a recollection of Friday the night that a man of the name of Scobie was killed I was on Watch at the Eureka Hotel at Ballarat and was employed by Mr Bentley I was on watch between the bowling ally and the stable and the barman William Duncan came out to me and told me to go round as there were 2 men knocking at the door I went to the front of the House and saw 2 men there and they went away I then went back to the yard and Mr and Mrs Bentley came out and the Prisoner William Henry Hance and John Farrell came out with them and asked where were these men Mr Bentley said this all of them went out of the yard and I went with them to | Thomas Mooney Sworn states I am a Labourer and live at Ballarat I have a recollection of Friday the night that a man of the name of Scobie was killed I was on Watch at the Eureka Hotel at Ballarat and was employed by Mr Bentley I was on watch between the bowling ally and the stable and the barman William Duncan came out to me and told me to go round as there were 2 men knocking at the door I went to the front of the House and saw 2 men there and they went away I then went back to the yard and Mr and Mrs Bentley came out and the Prisoner William Henry Hance and John Farrell came out with them and asked where were these men Mr Bentley said this all of them went out of the yard and I went with them to | ||
− | [[File:I05527-p0000-000001-0050-010-023.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.19, PROV, | + | [[File:I05527-p0000-000001-0050-010-023.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.19, PROV, VPRS 5527/P0 Unit 1, Item 5]] |
− | + | <br/> | |
+ | <br/> | ||
where the men were standing at a tent a little way off from the Hotel it was moonlight at this time and the 2 men they were the same that had been knocking at the front of the House I saw Mr Bentley take a spade from the tent and then I saw Farrell strike the man who is since dead named Scobie in the face with his fist and knock him down the Prisoner Hance and Farrell kicked Scobie while he was down in the back and on the head both of them kicked Scobie on the head and shoulders when he was down Mr and Mrs Bentley were present at the time Scobie was struck and kicked and Mr Bentley said at the time he was struck that is the way to serve them to break in our windows we then all went back and left Scobie lying on the ground & I went on to my watch again and the next thing I knew about it was the Doctor and 3 or 4 other men bringing Scobie to the Hotel and Mr Bentley and Farrell came out and Bentley went to the stable to get a horse and should go to the Camp and Bentley said to me don’t say a word about this “but that you saw 2 men at the front of the house and that they went away and that I was in bed” the Police came afterwards and Bentley came to fetch me in and told me to be sure to say what he told me before and after that he desired me to stand to what I had said at first as far as I can judge it was about 1 o’clock that Scobie and the other man came to the House I should say that this was about 3 weeks ago I saw the body of James Scobie when it was brought in | where the men were standing at a tent a little way off from the Hotel it was moonlight at this time and the 2 men they were the same that had been knocking at the front of the House I saw Mr Bentley take a spade from the tent and then I saw Farrell strike the man who is since dead named Scobie in the face with his fist and knock him down the Prisoner Hance and Farrell kicked Scobie while he was down in the back and on the head both of them kicked Scobie on the head and shoulders when he was down Mr and Mrs Bentley were present at the time Scobie was struck and kicked and Mr Bentley said at the time he was struck that is the way to serve them to break in our windows we then all went back and left Scobie lying on the ground & I went on to my watch again and the next thing I knew about it was the Doctor and 3 or 4 other men bringing Scobie to the Hotel and Mr Bentley and Farrell came out and Bentley went to the stable to get a horse and should go to the Camp and Bentley said to me don’t say a word about this “but that you saw 2 men at the front of the house and that they went away and that I was in bed” the Police came afterwards and Bentley came to fetch me in and told me to be sure to say what he told me before and after that he desired me to stand to what I had said at first as far as I can judge it was about 1 o’clock that Scobie and the other man came to the House I should say that this was about 3 weeks ago I saw the body of James Scobie when it was brought in | ||
− | When we left the yard Scobie and the other man was advancing towards the Hotel I did not offer Scobie any assistance when he was knocked down | + | When we left the yard Scobie and the other man was advancing towards the Hotel I did not offer Scobie any assistance when he was knocked down]] |
− | [[File:I05527-p0000-000001-0050-010-024.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.20, PROV, | + | [[File:I05527-p0000-000001-0050-010-024.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.20, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
+ | <br/> | ||
[[Michael Welch]] | [[Michael Welch]] | ||
− | Sworn states I have been living as a Waiter at the Eureka Hotel as Ballarat I remember the night that Scobie was brought in dead to the Hotel this was about 1 or 2 o’clock in the morning of the 7th of October I remember being in bed in the bar from 1 to ½ past 1 o’clock that morning I remember a man knocking at the door of the Hotel 2 or 3 times and the Prisoner Hance came to the bar and told the man who was knocking that the House was shut up the man broke one of the panels of the door in knocking the man who was knocking at the door then called Mrs Bentley who was in the bar a “whore” there was a light in the bar Mrs Bentley was then in the bar in her usual dress a man named Farrell Mr Bentley the Prisoner Hance and another waiter named Bennett were also in the bar a few minutes after this the 2 men outside the House went away and all the persons who were in the bar except myself and Bennett left the bar and went into the dining room I did not hear any noise there I afterwards heard them again in the dining room about 10 or 12 minutes after they left the bar and went into the dining room I did not get up till the morning at all after I heard the footsteps on the return to the dining room the barman Duncan passed through the bar on his way to bed when Mr Bentley was in the bar he was in his shirt sleeved but had his trousers on | + | Sworn states I have been living as a Waiter at the Eureka Hotel as Ballarat I remember the night that Scobie was brought in dead to the Hotel this was about 1 or 2 o’clock in the morning of the 7th of October I remember being in bed in the bar from 1 to ½ past 1 o’clock that morning I remember a man knocking at the door of the Hotel 2 or 3 times and the Prisoner Hance came to the bar and told the man who was knocking that the House was shut up the man broke one of the panels of the door in knocking the man who was knocking at the door then called Mrs Bentley who was in the bar a “whore” there was a light in the bar Mrs Bentley was then in the bar in her usual dress a man named Farrell Mr Bentley the Prisoner Hance and another waiter named Bennett were also in the bar a few minutes after this the 2 men outside the House went away and all the persons who were in the bar except myself and Bennett left the bar and went into the dining room I did not hear any noise there I afterwards heard them again in the dining room about 10 or 12 minutes after they left the bar and went into the dining room I did not get up till the morning at all after I heard the footsteps on the return to the dining room the barman Duncan passed through the bar on his way to bed when Mr Bentley was in the bar he was in his shirt sleeved but had his trousers on]] |
− | [[File:I05527-p0000-000001-0050-010-025.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, | + | [[File:I05527-p0000-000001-0050-010-025.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
+ | <br/> | ||
I cannot say that Bentley left the house the bed upon which I was sleeping about 4 yards from the back door of the house to the best of my belief. | I cannot say that Bentley left the house the bed upon which I was sleeping about 4 yards from the back door of the house to the best of my belief. | ||
Mary Ann Welch | Mary Ann Welch | ||
sworn state I am the wife of Benjamin Welch | sworn state I am the wife of Benjamin Welch | ||
Taken before William Henry Bonsey This 26th day of October at Geelong | Taken before William Henry Bonsey This 26th day of October at Geelong | ||
− | Sworn states I am the wife of [[Benjamin Welch]] of Ballarat Gold Digger I remember the morning of the 7th day of October between 1 and 2 o’clock in the morning I was in bed in my tent about 25 yards from Bentley's Hotel and I was awakened by hearing the noise of persons quarrelling either at or close to Bentley’s Hotel I heard the footsteps of 2 or 3 persons passing by my tent and they went a few yards beyond my tent away from Bentley’s House I then heard the footsteps of those who had first passed the tent as if they were returning to Bentley’s House and I then heard the voice of a female and the words “how dare you break my windows” I believe that to have been Mrs Bentley’s voice as I have often heard her speak I heard then the rattling of tools and they went only a few yards away from the Hotel and I heard blows given and I then heard a very heavy blow given as if by an instrument and all was then perfectly quiet and they then went towards the Hotel and I heard a voice say “that is the way to treat those sweeps” and I heard the spade thrown down at the same time this was the voice of a man the voice was familiar to me as the voice of Mr Bentley I next heard a man calling for assiHance and in the name of God to fetch a Doctor and I got up out of bed and looked through a hole in the tent it was a bright moonlight | + | Sworn states I am the wife of [[Benjamin Welch]] of Ballarat Gold Digger I remember the morning of the 7th day of October between 1 and 2 o’clock in the morning I was in bed in my tent about 25 yards from Bentley's Hotel and I was awakened by hearing the noise of persons quarrelling either at or close to Bentley’s Hotel I heard the footsteps of 2 or 3 persons passing by my tent and they went a few yards beyond my tent away from Bentley’s House I then heard the footsteps of those who had first passed the tent as if they were returning to Bentley’s House and I then heard the voice of a female and the words “how dare you break my windows” I believe that to have been Mrs Bentley’s voice as I have often heard her speak I heard then the rattling of tools and they went only a few yards away from the Hotel and I heard blows given and I then heard a very heavy blow given as if by an instrument and all was then perfectly quiet and they then went towards the Hotel and I heard a voice say “that is the way to treat those sweeps” and I heard the spade thrown down at the same time this was the voice of a man the voice was familiar to me as the voice of Mr Bentley I next heard a man calling for assiHance and in the name of God to fetch a Doctor and I got up out of bed and looked through a hole in the tent it was a bright moonlight]] |
− | [[File:I05527-p0000-000001-0050-010-026.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.21, PROV, | + | [[File:I05527-p0000-000001-0050-010-026.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.21, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
+ | <br/> | ||
night and I saw a man lying on his back apparently dead and a man standing by his side who threw himself on the body and began to cry I then heard the body carried past my tent and after that I heard a horseman rode by I heard no cry when the blow was given as if from a wounded man | night and I saw a man lying on his back apparently dead and a man standing by his side who threw himself on the body and began to cry I then heard the body carried past my tent and after that I heard a horseman rode by I heard no cry when the blow was given as if from a wounded man | ||
− | Peter Martin Sworn states I am a Gold Digger at Ballarat I was in company with James Scobie on the night of the 6th of October about 1 o’clock on the morning of the 7th of October we were returning together to Scobie’s tent and on our way we came near to the Eureka Hotel and went there and Scobie went to the window and I stood about 20 yards off it was bright moonlight Scobie went to a front window of the Hotel I did not hear what was said but I saw a person strike at Scobie from the inside of the House and at that time I heard the noise as if of breaking of a window I called to him to come away but Scobie went to the door of the House and I went to him and took him by the arm and took him away in the direction of Scobies tent we passed the right of the front of the Hotel we had got about 100 yards from the Hotel when we heard a noise behind us and Scobie said whats this let us see and we turned back about 20 yards towards the Eureka Hotel when we met 4 or 5 men and one woman I saw the faces of these people and to the best of my belief one was Mr Bentley but I cannot recognise either of the 2 Prisoners Catherine Bentley and William Henry Hance as being amoung them when we came up the woman who was standing | + | Peter Martin Sworn states I am a Gold Digger at Ballarat I was in company with James Scobie on the night of the 6th of October about 1 o’clock on the morning of the 7th of October we were returning together to Scobie’s tent and on our way we came near to the Eureka Hotel and went there and Scobie went to the window and I stood about 20 yards off it was bright moonlight Scobie went to a front window of the Hotel I did not hear what was said but I saw a person strike at Scobie from the inside of the House and at that time I heard the noise as if of breaking of a window I called to him to come away but Scobie went to the door of the House and I went to him and took him by the arm and took him away in the direction of Scobies tent we passed the right of the front of the Hotel we had got about 100 yards from the Hotel when we heard a noise behind us and Scobie said whats this let us see and we turned back about 20 yards towards the Eureka Hotel when we met 4 or 5 men and one woman I saw the faces of these people and to the best of my belief one was Mr Bentley but I cannot recognise either of the 2 Prisoners Catherine Bentley and William Henry Hance as being amoung them when we came up the woman who was standing]] |
− | [[File:I05527-p0000-000001-0050-010-026v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.22, PROV, | + | [[File:I05527-p0000-000001-0050-010-026v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.22, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
+ | <br/> | ||
+ | notes during hearing - not transcribed]] | ||
− | |||
+ | [[File:I05527-p0000-000001-0050-010-027.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.23, PROV, VPRS 5527/P0 Unit 1, Item 5 | ||
+ | <br/> | ||
+ | <br/> | ||
+ | in the front of Scobie said this is the man that broke the window this woman was of the height of the Prisoner Catherine Bentley I cannot say that the Prisoner William Henry Hance answers the description of any of those men after the woman spoke I was knocked down by one of the men and I got up and ran away in a direction from the Hotel about 30 or 40 yards I did not see any of the men follow me when I stopped I turned round and saw no one at the place where I had been knocked and I walked slowly back and saw Scobie lying on the ground on his right side and I took him by the shoulder to rouse him but he seemed helpless and gave me no answer I put my hand on his chest and his heart was still beating and I heard him breathing and I noticed blood about the mouth and nose I then went towards one of Scobie's mates tents and called a man named Archibald Carmichael and he came out and dressed and went with me to where Scobie was lying and we then thought that he was dead Carmichael then went for a Doctor and I stopped with the body until Dr Carr came the place where the body was lying was about 60 or 70 yards to the right of the front of the Hotel and was something under 100 yards from the back of the Hotel between the Eureka Hotel and where the body was lying was a tent the person among them whom I took for Bentley had a dark shooting coat and a hat on the man whom knocked me down had I thought a jumper on I did not notice any of the persons sufficiently as to be able to identify them or to describe them further than I have done the person]] | ||
− | |||
− | + | [[File:I05527-p0000-000001-0050-010-027v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.24, PROV, VPRS 5527/P0 Unit 1, Item 5 | |
+ | <br/> | ||
+ | <br/> | ||
+ | notes during hearing]] | ||
− | [[File:I05527-p0000-000001-0050-010- | + | [[File:I05527-p0000-000001-0050-010-028.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.25, PROV, VPRS 5527/P0 Unit 1, Item 5 |
− | + | <br/> | |
− | + | <br/> | |
− | |||
− | |||
− | |||
− | |||
who I thought was Bentley had a weapon over his shoulder similar to a battle axe I was knocked down but I do not know with what it was sufficiently moonlight at the time to recognise a person by the features I had seen Bentley occasionally I saw no one strike Scobie I did not hear Scobie cry out I do not know how long I was on the ground I was struck in front on the forehead the skin of the forehead was broken by the blow when I got up I ran away at once I believe I remember every thing that recurred from the time I took Scobie by the arm to being knocked down | who I thought was Bentley had a weapon over his shoulder similar to a battle axe I was knocked down but I do not know with what it was sufficiently moonlight at the time to recognise a person by the features I had seen Bentley occasionally I saw no one strike Scobie I did not hear Scobie cry out I do not know how long I was on the ground I was struck in front on the forehead the skin of the forehead was broken by the blow when I got up I ran away at once I believe I remember every thing that recurred from the time I took Scobie by the arm to being knocked down | ||
(By bench) I may have omitted some circumstances in which certain circumstances might bring to my recollection | (By bench) I may have omitted some circumstances in which certain circumstances might bring to my recollection | ||
− | Barnard Welsh Sworn states I am the son of Benjamin Welch and am of the age of 10 years I remember the night when James Scobie was found dead on the morning of Saturday I was in bed and I heard 2 men pass our tent near the Eureka Hotel this was in the middle of the night it was a moonlight night after the 2 men had passed I heard three other men pass I looked through the crack of the door of the tent and I saw 2 men and a female and one of the men picked up a spade which was outside our tent this was rather a short man they stopped a minute or 2 at the tent and then went on I believe one of these men was the watchman whom I saw here this morning I am not sure but I believe so and the other I believe was Mr Bentley but I am not sure I heard a scuffle and then a violent blow. | + | Barnard Welsh Sworn states I am the son of Benjamin Welch and am of the age of 10 years I remember the night when James Scobie was found dead on the morning of Saturday I was in bed and I heard 2 men pass our tent near the Eureka Hotel this was in the middle of the night it was a moonlight night after the 2 men had passed I heard three other men pass I looked through the crack of the door of the tent and I saw 2 men and a female and one of the men picked up a spade which was outside our tent this was rather a short man they stopped a minute or 2 at the tent and then went on I believe one of these men was the watchman whom I saw here this morning I am not sure but I believe so and the other I believe was Mr Bentley but I am not sure I heard a scuffle and then a violent blow.]] |
− | [[File:I05527-p0000-000001-0050-010-028v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.26, PROV, | + | [[File:I05527-p0000-000001-0050-010-028v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.26, PROV, VPRS 5527/P0 Unit 1, Item 5 |
+ | <br/> | ||
+ | <br/> | ||
+ | notes during hearing]] | ||
− | |||
+ | [[File:I05527-p0000-000001-0050-010-029.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.27, PROV, VPRS 5527/P0 Unit 1, Item 5 | ||
+ | <br/> | ||
+ | <br/> | ||
+ | as if with a spade for when I got up in the morning I found hairs on the spade as they returned they threw the spade down at the opposite side to which they had taken it up I looked at the spade as I wished to see what they had taken up at the tent saw no blood on the spade I do not know whom the female was but I believe it was Mrs Bentley by her voice as I heard the woman say “how dare you break my window” I do not know how these people were dressed I saw these people through the crack of the door but I could not see distinctly I could see as I laid in bed I did not get out of bed I do not know the Prisoner William Henry Hance I had seen Mr and Mrs Bentley and the watchman before that night I heard a mans voice say as they returned “that is the way to serve those sweeps” I am not sure it was a man’s voice when they were standing at the corner of the tent I heard one person say “don’t throw anything at them” I do not recollect the dresses of the people it was very moonlight it was as light as day almost there was dark hair on the spade rather dark it was human hair]] | ||
− | |||
− | + | [[File:I05527-p0000-000001-0050-010-029v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.28, PROV, VPRS 5527/P0 Unit 1, Item 5 | |
− | + | <br/> | |
− | + | <br/> | |
− | [[File:I05527-p0000-000001-0050-010-029v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.28, PROV, | + | notes during hearing]] |
− | |||
− | notes during hearing |