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Focus |
Hotham's Narrative
State of the Goldfields
Murder of James Scobie
Burning of Bentley's Hotel
Escalating Tensions
Eureka Stockade
Perspectives
The State Trials
Aftermath
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Disconcerted at the miscarriage of justice in
Scobie's inquest and magisterial hearing, a large group of miners
assembled on 17 October 1854, outside Bentley's Hotel, to both
demonstrate their indignation and to examine other options available
to them regarding the restoration of justice. That afternoon a riot
ensued which resulted in the apprehension of three miners and propelled
the mining community even further towards outright conflict with
the authorities. The Riot The Riot "…as it was expected that some thousands would congregate,
and that there was a feeling against the House, by persons who had
heard the lying rumours that had been spread - and the great probability
would be an attack by the whole mob upon me and the House, particularly
if intoxication should exist to any extent. I therefore request
that a strong force of protection may be present at 12 o'clock tomorrow
to see that the Law is in no way violated." Placards regarding the meeting had been posted around diggings and a large crowd was expected to attend. The meeting began after midday with the newly formed Committee for the Prosecution of the Investigation into the Death of the late James Scobie. The committee was set up, "for the purpose of considering the best means to be taken
for the conviction of the murderer and also to have a demonstration
of public feeling with regard to the manner in which the case has
hitherto been conducted…" According to the report by Inspector Evans the purpose of the meeting was to "petition the Government for a rehearing of Bentley's case and the speakers endeavoured to impress upon the minds of the people the necessity for preserving peace and order." VPRS 937/P Unit 10, 547/54. Once the meeting had closed at around 2.30 pm, thousands of people had converged on the site where Scobie was murdered and proceeded to pelt the hotel with rocks and stones. By this time Bentley, having anticipated a riot, escaped the crowd using a horse lent to him by Inspector Ximenes. Resident Gold Fields Commissioner Robert Rede was at the Eureka Camp when one of his troopers alerted him to the chaos and destruction. According to Rede's report, he arrived at the scene within five minutes: "…I tried to address the mob there were a great number surrounding
the place on all sides, I do not think less than four thousand persons
were assembled…I narrowly escaped several stones that were thrown
at me…I then called in the military, I ordered them to occupy the
house…" However, no sooner had they turned everyone out of the Hotel, the Bowling Alley next door was set alight. Compounded by the strong winds blowing that day the entire building was swiftly consumed in flames, according to Rede, within half an hour. The following day, Sub-Inspector Evans wrote to Chief Commissioner MacMahon to inform him of the rumours that had been circulating, most notably the burning down of the Government camp. Evans then wrote a letter requesting more troops be sent down from Melbourne. The rumours of this uprising against the Government by the diggers propelled the authorities to take a more assertive approach. To avoid further humiliation at the hands of the diggers, letters were written to the Lieutenant Governor informing him of the potential for further uprisings, which included an outline of the defence tactics that were to be used when protecting the camp. Meanwhile intense investigations had begun and within four days of the riot. Diggers Andrew McIntyre and Thomas Fletcher were arrested on suspicion of having played a part in the riots but were released on bail a few days later, much to the chagrin of Commissioner Rede. A few other men were also arrested along with Henry Westerby (also known as 'Yorkey') and Albert Hurd. Although arrested for his participation in the riots, the American (Hurd) was not found guilty of any wrong doing despite depositions against Albert Hurd seeming to indicate otherwise. By mid November the search for rioters had officially been discontinued upon the request of Lieutenant Governor Hotham. On 20 November, the day Bentley, Hance and Farrell were sentenced to 3 years hard labour, three new defendants, McIntyre, Fletcher and Westerby, stood before Judge Redmond Barry to answer the charge of riot and for pulling down a dwelling house. Richard Davies Ireland, the defence counsel whom only hours earlier had represented the Bentley and his employees, was now defending the diggers. During the trial Ireland stated that had the authorities been more vigilant in dealing with the death of James Scobie the diggers would not have felt compelled to seek their own form of justice. The Attorney-General William Stawell, taking great offence to the accusation on the Government's behalf, retorted that the motive behind Ireland's inflammatory statement was driven by monetary motives. This was a claim the defence counsel vehemently denied, stating he was defending the three diggers pro bono. That afternoon once all the evidence had been presented, the jury retired to discuss the verdicts but came back a couple of hours later claiming they were unable to reach an unanimous verdict and sought permission to take into consideration the ineptitude of the police on the day as well as the provocation experienced by the diggers. Judge Barry's response to their request was a resounding 'no'. A little after 9pm that evening, after five hours of deliberation,
the jury returned to present their verdict to the court. McIntyre,
Fletcher and Westerby were found guilty with a recommendation for
clemency. The following day the prisoners assembled to hear their sentences.
To begin with, Judge Barry commented on the destructive nature of
their actions, and then proceeded to hand down their sentences.
Although all three were sentenced to serve time in the Old Melbourne
Gaol the duration was not as harsh as anticipated. Westerby was
to serve six months, Fletcher four and McIntyre only three. The
leniency displayed by the Judge may have been intended to avoid
giving further motivation for acts of civil disobedience amongst
the diggers. Board of Enquiry The publication of the report* exposed Police Magistrate D'Ewes' relationship with Bentley, in particular through claims that D'Ewes was a part owner of the Eureka Hotel, and from the testimony of witnesses claiming to have seen him frequent the hotel on numerous occasions. In light of the damning evidence against D'Ewes, Governor Hotham, embarrassed by his subordinate's behaviour, ordered that he be removed from his role as Justice of the Peace. Disgraced by the Board's findings, D'Ewes left the Colony and many years later, was to committ suicide in France. Sergeant Major Milne's underhanded dealings of bribery and corruption were also exposed, and although he was not prosecuted, he was made to relinquish his duties as a police officer. Other than these exceptions, the Board was generally satisfied that the conduct of officers of the Ballarat camp had "been such as to merit the respect and confidence of the people." (Riot at Ballarat, Report and Evidence of the Board of Enquiry into the Death of James Scobie and Burning of the Eureka Hotel (printed 21 November 1854, Votes & Proceedings, A.27/1854-55 p.xii) The report did acknowledge however, that the licence system was ineffective, and that its abolition would not only placate the diggers but imporve the conduct of those police thought to be taking advantage of the system. It was suggested by Frederick Vern, one of only sixteen diggers to have appeared before the board, that many diggers had not come forward to give a more damning potrait of the Ballarat camp's governance, becasue they had lost faith in Governments ability to remain impartial. *N.B Riot at Ballarat, Report and Evidence of the Board of Enquiry into the Death of James Scobie and Burning of the Eureka Hotel (printed 21 November 1854, Votes & Proceedings, A.27/1854-55 (Available for viewing in the State Library of Victoria)
Forward to Escalating tensions |
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| © 2009 Public Record Office Victoria This page last updated: 2 Dec 2002 |
The
Burning of Bentley's Hotel
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