Eureka Stockade:Depositions VPRS 5527/P Unit 2, Item 9

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Eureka Stockade:Depositions VPRS 5527/P Unit 2, Item 9 is associated with Ballarat, Victoria located at these coordinates -37.5621071, 143.8561493

Description:

Depositions, such as those contained in these documents, served as a record of the initial hearing held before a local magistrate in which the charges against a person arrested were presented. The evidence of a witness was heard in front of the accused who had an opportunity to respond. As a signed statement, depositions had legal weight and formed the basis of evidence for the full trial. These documents include several depositions and the prosecution brief used in the trial of Timothy Hayes for high treason on 16 January 1855. The papers belong together with the previous set (VPRS 5527/P Unit 2, Item 8), which include the cover sheet for the brief and most likely have been separated. Among the depositions there is one from Henry Goodenough associating Timothy Hayes with the deputation of diggers that met with Lieutenant Governor Hotham in Melbourne. Goodenough was later to be closely cross-examined over this case of mistaken identity during Hayes's trial. See the transcription of Goodenough's testimony for an example of how the depositions were used (and challenged) in court during the trial.

Record Citation:	VPRS 5527/P Unit 2, Item 9
Record URL:	http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewSeries&entityId=5527
Agency:	VA 2825 Attorney-General's Department (previously known as the Law Department)
Agency URL:	http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entityId=2825
Date:	16 January 1855
Record Type:	Deposition
Event Type:	Trial
Language:	en
Copyright URL:	http://prov.vic.gov.au/copyright
Related Resource URL:	http://prov.vic.gov.au/exhibitions/eureka-on-trial/the-state-trials
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		Recognizance to give evidence: Henry Goodenough For a transcription of the recognizance to give evidence pro-forma, see the recognizances assembled against James Beattie, John Joseph, Charles Raffaello and John Fenwick. Transcription of the depositions against Tmothy Hayes begins on page ten (or the nineteenth image) of this document.
Recognizance to give evidence: Henry Goodenough

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		Recognizance to give evidence: Henry Goodenough
Recognizance to give evidence: Henry Goodenough

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		Recognizance to give evidence: Andrew Peters
Recognizance to give evidence: Andrew Peters

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		Recognizance to give evidence: Andrew Peters
Recognizance to give evidence: Andrew Peters

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File:05527-p0000-000002-0090-010-003.jpg		Recognizance to give evidence: Hugh King
Recognizance to give evidence: Hugh King

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		Recognizance to give evidence: Hugh King
Recognizance to give evidence: Hugh King

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		Recognizance to give evidence: William Thompson
Recognizance to give evidence: William Thompson

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		Recognizance to give evidence: William Thompson
Recognizance to give evidence: William Thompson

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		Recognizance to give evidence: Edward Langley
Recognizance to give evidence: Edward Langley

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		Recognizance to give evidence: Edward Langley
Recognizance to give evidence: Edward Langley

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		Recognizance to give evidence: Bailey Richards
Recognizance to give evidence: Bailey Richards

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		Recognizance to give evidence: Bailey Richards
Recognizance to give evidence: Bailey Richards

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		Recognizance to give evidence: Thomas Curruthus
Recognizance to give evidence: Thomas Curruthus

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		Recognizance to give evidence: Thomas Curruthus
Recognizance to give evidence: Thomas Curruthus

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		Recognizance to give evidence: William Fleming
Recognizance to give evidence: William Fleming

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		Recognizance to give evidence: William Fleming
Recognizance to give evidence: William Fleming

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		Recognizance to give evidence: James Ronayn
Recognizance to give evidence: James Ronayn

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		Recognizance to give evidence: James Ronayn
Recognizance to give evidence: James Ronayn

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		No. 96. (M.) (11 and 12 Vic., c. 42.) DEPOSITIONS OF WITNESSES. _________ Colony of Victoria Ballarat To Wit The examination of Henry Goodenough, Andrew Peters, Hugh King, William Thompson Thomas, Edmond Langley, Thomas Daily Richards, Thomas Carters, William Fleming and James Ronayn taken on oath, this seventh day of December, in the year of Our Lord one thousand eight hundred and fifty four at Ballarat in the Colony aforesaid, before the undersigned one of Her Majesty’s Justices of the Peace for the _________ said colony, in the presence and hearing of Timothy Hayes who is charged this day before me for that they the said Timothy Hayes on and about the thirtieth day of November * 1854 at Ballarat aforesaid were with other false traitors at present unknown armed and arrayed in a warlike manner that is to say with guns, muskets, blunderbusses, pistols , swords, bayonets, pikes and other weapons being then and there unlawfully, maliciously and traitorously assembled and gathered together against Our Sovereign Lady the Queen and did afterwards to wit on the third day of December 1854 fire upon attack and kill certain troops of aforesaid Lady the Queen. This deponent Henry Goodenough on his oath saith as follows* I am a trooper stationed at Ballarat. I attended the meeting on Bakery Hill on Wednesday the 29th of November.
Deposition of Witness: Henry Goodenough

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		The prisoner made a speech – he stated as a delegate from the diggers to the Government – he stated the interview between the Governor and himself. At the close of the address he said it was no use to petition the Governor anymore they had done so long enough – and they must take the law in their own hands and he for one would stand up for his rights and liberties. He was not the chairman – after they broke up the meeting prisoner protested that they should call for volunteers to take up arms to protect their rights and liberties on this occasion prisoner was not armed. At ten o’clock on Thursday the following day prisoner was at
Deposition of Witness: Henry Goodenough

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		Bakery Hill at a meeting armed with a double-barrelled gun. He was standing at the head of the lot of men drawn up in line and armed - he marched at the side of them - this was a meeting to form bodies of different armed men. They formed four deep, a line(?). I should think of a mile. I did not hear prisoner fire any orders – they went to Eureka, and the different bodies drilled for three or four hours. – prisoner appeared to have the command of two or three bodies and the commanders had to be examined by him. He was walking about and talking – he was not drilled. He was apparently directing men and conversing with Lawler
Deposition of Witness: Henry Goodenough

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		who was one of the principle leaders of the men. By prisoners Counsel - I am sure of prisoners identity if prisoner told the people not to commit a breach of peace I did not hear it. He might have said it, but not publicly. H. Goodenough Sworn before me At Ballarat this 7 December 1854 Evelyn Sturt PM
Deposition of Witness: Henry Goodenough

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		This deponent Andrew Peters on his oath saith I am a Trooper at Ballarat. I saw prisoner at the meeting at Bakery Hill on Wednesday the 29th November. I heard him speak, he said it was time to organise themselves for protection against the common enemy or something to that effect - he said it was no use to send petitions they must take the law into their own hands. I heard him afterwards ask for volunteers. I saw him the next day at drill walking about with a double-barrelled gun. He walked over towards Eureka. I did not hear him fire any words of command I did not hear him say anything about preserving peace. By the Bench– prisoner was walking about on the Thursday
Deposition of Witness: Andrew Peters

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		with the armed men. They were in several companies. A company of pike men, a company with double-barrelled guns and a company with pistols there was a flag hoisted, blue with a white cross it was not carried about. A man named Lawler who seemed to be the commander in chief was there. - Prisoner was not drilled in my presence. Andrew Peters Sworn before me At Ballarat this 7 December 1854 Evelyn Sturt PM
Deposition of Witness: Andrew Peters

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		And this deponent Hugh King on his oath saith I am a Constable at Ballarat. On Sunday the third instant I was at the attack on the stockade at Eureka. After the firing ceased I saw prisoner taken out of the stockade. At about daylight I was called up and sent to Eureka in company with the soldiers of the 40th and a body of police, under the orders of Captain Thomas of the 40th -. Captain Carter was in command of the foot police- we advanced on the right of the 40th towards the Eureka we approached a stockade an enclosure of slabs about four or five in depth. As we approached, when within
Deposition of Witness: Hugh King

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		three or four hundred yards a heavy fire from the stockade was opened on the troops and me. When the fire was opened on us we received orders to fire. I saw some of the 40th wounded lying on the ground but I cannot say that it was before the fire on both sides. I think some of the men in the stockade should-they had a flag flying in the stockade; it was a white cross of five stars on a blue ground. - flag was afterwards taken from one of the prisoners like a union jack – we fired and advanced on the stockade, when we jumped over, we were ordered to take all we could prisoners
Deposition of Witness: Hugh King

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		and several shots were then fired on us from behind tents. The fire was continued from different posts I noticed the prisoner in the stockade – I saw no arms in his hand but he was in custody coming from one of the tents, which were inside the stockade. - numbers of others prisoner were bought from the same tent; many were armed with revolvers and pistols - I saw a great number of arms lying about the stockade double barrelled guns, pistols and iron pikes. One I saw was all iron and others with wooden handles.
Deposition of Witness: Hugh King

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		I saw a man fire at the troops, while we were getting over the stockade. By prisoners Counsel it was about 4 o’clock. Hugh King Sworn before me At Ballarat this 7 December 1854 Evelyn Sturt PM
Deposition of Witness: Hugh King

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		And this deponent William Thompson on his oath saith I am a Constable at Ballarat. I recollect the morning of the third instant. I was one of the foot police ordered out by Captain Thomas we advanced to a stockade at the head of Eureka line near Warrenheip Gully. We halted an an commence near the stockade about two hundred yards. I heard the order given to half as soon as we were in sight of the stockade, a fire of some hundreds of shots was opened on us there had been a fire from the military at this time. The first fire was opened
Deposition of Witness: William Thompson

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		on the troops by the stockade we charged on the stockade, after the firing was over I saw prisoner Hayes taken with several others from a large tent in the stockade, from which several shots had been fired on us. I saw several men in the stockade with arms and I saw I saw several fire at the troops – I saw men armed with pikes/rifles(?). I saw no blows given. By prisoners Counsel I know prisoner well he was in custody when I saw him. W. Thompson Sworn before me At Ballarat this 7 December 1854 Evelyn Sturt PM
Deposition of Witness: William Thompson

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		And this deponent Thomas Edmund Langley on his oath saith I am Senior Sub Inspector of Police. On Sunday morning the third instant I received orders to move on with a party of military who were advancing to Eureka I went up to the stockade keeping a small hill between myself and the 40th – I heard firing for some time. I captured several people who I saw running from the stockade. I received an order from Captain Thomas to form and advance. I did so when someone called “there goes Hayes” I turned round
Deposition of Witness: Thomas Edmund Langley

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		after prisoner galloped after him and arrested him. I took him across a hill to the main body of the prisoner, my attention was drawn to him as he was crossing my path, he was walking in company with another man, parallel with the stockade about three or four hundred yards to the best of my belief. I bought prisoner to the camp with the rest of the prisoners –I did not see him in the stockade. He might have been arrested in the stockade and have broken away before I captured him, this was after the firing had ceased. The military guard were then withdrawing with the prisoners and By prisoners Counsel
Deposition of Witness: Thomas Edmund Langley

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		the wounded – I did not bring Hayes into the stockade – he was he was not out of my custody from the time I arrested him until he was bought into camp. Thomas Langley Sworn before me At Ballarat this 7 December 1854 Evelyn Sturt PM
Deposition of Witness: Thomas Edmund Langley

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		And this deponent Thomas Bailey Richards on his oath saith I am Lieutenant in the 40th Regiment. I was present with the 40th on the morning of the third instant; when the troops were drawn up in the ravine, Captain Thomas ordered them not to fire until they were fired upon-we advanced in cohesion to the top of the hill. I was riding by Captain Thomas, the skirmishes were extended and advanced several shots were fired at us I should say more than forty. Captain Thomas rode up to the bugler and told him to sound to commence firing- no shots had been fired by the attacking
Deposition of Witness: Thomas Bailey Richards

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		force up to this time; when the smoke of our fire cleared away. I saw the men running away with arms to the tents in the stockade several shots were then fired from the tents upon the troops. I saw a number of pike men – I went into the stockade with a support. I saw a number of men there, some dead some wounded, those with arms were being disarmed by our men. Prisoners were then made and a cohesion marched off. I did not see prisoner there. As we were coming
Deposition of Witness: Thomas Bailey Richards

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		from the stockade with the wounded, more than three hundred yards. I halted to give a wounded man some water, one of a crowd of people looking and said there goes one of the principle ringleaders. I asked his name and was told it was Hayes. I ordered Langley in charge of the mounted troopers to take two men and ride back and take him another man who was with him was also taken, he was going in the direction of the stockade. By prisoners counsel - Prisoner was walking quickly he appeared as if
Deposition of Witness: Thomas Bailey Richards

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		shuffling out of the way of the troops. I saw no arms on him. His wife came up afterwards and said are you taken, he said yes, she then said to him “if I had been a man I would not have been taken by so few as these; she turned around and said to me “why did you not come yesterday” she was very excited “yesterday” would have been before the attack on the stockade when the armed parties of men were marching about the diggings. T. Bailey Richards Lieut. 40th Regmt. Sworn before me At Ballarat this 7 December 1854 E. Sturt PM
Deposition of Witness: Thomas Bailey Richards

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		This deponent Thomas Carruthers on his oath saith I am a mounted private in the 40th regiment. I was in company with a party of mounted troopers, on the occasion of advancing on a stockade at Eureka on the morning of the third instant. I saw prisoner taken by one of the police, with several others and handed over to us this was about two or three hundred yards on the right of the stockade. I was one of a guard on the prisoners, I did not see where he was bought from. By prisoners Counsel I did not see any arms on the prisoner or any others of them. Thomas Carruthers Sworn before me At Ballarat this 7 December 1854 E Sturt PM
Depostion of Witness: Thomas Carruthers

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		And this deponent William Flemming on his oath saith I am a private in the 40th Mounted Force. I was present on the morning of the third instant. At the attack on the stockade I saw prisoner about a hundred yards to the right of the stockade he was handed over to me and others by one of the police. This was after the firing had ceased; about ten minutes after he was arrested before he was bought to us. Wm Flemming Sworn before me At Ballarat this 7 December 1854 E Sturt PM
Depostion of Witness: William Fleming

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		And this deponent James Ronayn on his oath saith I am a Private in the mounted 40th. I saw prisoner in custody among the lot of men on the 3rd instant. I knew prisoner by sight. I did not see him arrested. James Ronayn Sworn before me At Ballarat this 7 December 1854 E Sturt PM The prisoner declines to make any statement and is committed for trial at the General Gaol Delivery at Melbourne in January 1855 E Sturt PM
Deposition of Witness: James Ronayn

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		19 & 20 Mch 1855 16 Jan Barry J Not Guilty Queen Treason Queen V v Timothy Hayes Hayes High Treason Hy. Goodenough Andrew Peters Hugh King Wm Thompson Thomas E. Langley Thomas Bailey Richards Thomas Carruthers Wm Flemming Jms Ronayn Bfd 11/1/55 Briefed 4 Jany 1853
Deposition of Witness: James Ronayn