BALLARAT.

Lyttelton Times, Volume V, Issue 232, 20 January 1855, Page 3

BALLARAT.

r °m the Co»«POndeiW of «„ « Sydney IK-ruld." The bin-,.;,, 1 , , December 4.'"'.- ! ollJ C Z r" ''?. K0 fur ns * o°W make w^ »i the inah aUl ' an ? Utliue So,ue-

Having heard about fifty other versions since then, I can approximate still more near to the truth. The insurgent party had been out most of Saturday on various duties, one of which was watching after the rumoured approach of some additional force, which it was their intention to wait for, and, if possible, drive back. Nothav- \ ing fallen in with this party, they returned to the encampment at Eureka, where a kind of barricade or stockade of slabs had been erected. Here, after orders when to re-assemble, the whole force was ordered to go home. This most of them did, unless a few, some 150 men, who would not go home. Outposts were usually placed a long way out, in this instance there were none ; and through sorte instant communication on this subject to the authorities they were made aware of* this fact, and determined to surprise them. The first intimation which was given of the presence of her Majesty's troops, was either a demand from the officer in command that the insurgents should lay down their arms, or else a trumpet blast at some one hundred yards distant from the stockade. When the demand was made, either a negative answer or silence ' was the result. The troops were then ordered to fire as had been agreed on—two %S2Jfts of blank cartridge. The diggers retumeoVthe fire. Five soldiers fell at the first fire. The troopers and a few foot police were present, but at some distance. The main fighting part devolved on the soldiers. The diggers, as I said before, numbered 150, they were in several divisions, riflemen, etc., in all five. After a contest of about 15 to 20 minutes, the whole affair was over. The insurgent party was thrown into irremediable confusion, from the division having revolvers, in sheer daring, running up towards the soldiers to ensure a better aim, and thereby preventing the riflemen and other comrades from supporting them. The stockade was ultimately surrounded, and those who still remained taken prisoners and marched off to the camp. When the soldiers had once tasted blood they became violent, and had not the officers used every exertion, the prisoners would have been murdered on the spot. When it was clearly seen by the officers that no further resistance was offered, they wished no more bloodshed. Mr. Commissioner Amos is also most favourably spoken of: he saved two lives which else would have been instantly sacrificed. Mr. Commissioner Johnstone interfered in a praiseworthy manner to preserve property which had been set on fire, and eventually succeeded in saving it. But after giving credit where it is due, I must protest against the barbarities practised by the mounted troopers. Those who had taken the law into their own hands had been punished by the soldiers': those who were warned and perfectly innocent of rebellious notions, were murdered, fired at, and horribly mangled by the troopers. The names of the officers commanding the troopers on the morning in question should be inquired after by his Excellency ; their allowing such barbarities to be carried on should disqualify them from service under any civilized Government. Some men are killed outright, others dangerously wounded, and a few slightly hurt from shots and sword marks from the troopers, who, after the fight was all over, and all resistance passed by, kept up firing at such unfortunates as presented themselves from the doorways of tents to sec what was going on. One man, after the resistance had ceased, walked quietly from :oi>e of the tents in the neighbourhood to where a body of mounted police was stationed with a few soldiers. Three police clashed at him, asked him to join their force, and on his refusing'on the score of ill health,'one of them deliberately drew a pistol and shot him; the ball hit him on the right breast, but as he did not fall, he was marched to the main body, and there handcuffed. Some of the polite threatened him with their swords, and asked for leave to shoot him; one of the officers ivould m»t nl.low, this, and as an opportunity oflertfd*. hV^u'de Vdash, and although fncd'at, again suee^edeft'in reaching his own tent, where he.iiow lies' severely, hut I hope not dangerously wounded^, Anoiherinstartce or! a similar kind occurred a little further on, in'which the poor victim was severely wounded ; and in one or two cases individuals, who considered themselves safe alter the firing had ceased, were brutally wounded. In addition to Mr. Haslam's, wound, I lu'av that

the special of the 'Argus' has been a sufferer from the police—■" an anonymous scribbler" occupies an unenviable position here just now. The editor of the 'Times' has not been ar.rested, nor is be likely to be, whatever may be the reason for it. I have remarked that the ordinary reports in circulation are less to be relied on of late than they formerly were: there is some poisoning influence at work, this is evident from the rumours set in motion by some party in town regarding our capture of hostages, and the report here of the seizure of our delegates. Several bodies of those around the barricade were claimed by their friends. I think five of them were unclaimed, and buried yesterday at the same time as the two soldiers. From all that I can make out, there are either 23 or 25 among the killed on the side of the insurgents, and some 30 wounded; on the side of the military, 2 privates dead, 1 dying, and many wounded. Yesterday, about mid-day, the following was issued:— *%*■• y"' " VtR- NoTICE- ' ? >?-"y' Government Camp, Ballarat, f-^ 1./ December 3rd, 1854. ,*"Her Majesty's forces were this morning fired by a large body of evil disposed persons of various nations who had entrenched themselves in a stockade on the Eureka, and some officers and men killed. Some of the rioters have paid the penalty of their crime, and a large number are in custody. All . well-disposed persons are earnestly re- - quested to return to their ordinary occupations, and to abstain from assembling in large groups, and every protection will be afforded them by the authorities. Robert Rede, Resident Commissioner. God save the Queen." I hear many persons express their determination to go on with their work as usual. It is nearly time that something was done, as many of the claims on the Gravel Pits are nearly ruined, owing to the height which the water has risen in the shafts. But is the affair over ? I sincerely hope so, though I fear not. Had I somewhat more accurate information, I could form an opiniou on the subject; but as we are, no one vishes to be more wise than his neighbour regarding the movements of either the insurgents or of the camp. The principal leaders of the insurgents are still free, —ihey made their escape after the Eureka conflict. j The insurgents, as we learn, are all, with veryfew exceptions, diggers,'and we regret to hear it reported, that very many of them are French, Americans, and Germans. Our informant tells us, that great intimidation is used by those under arms, towards the peaceful and industrious diggers, no work being allowed, and, any man seen going to his hole, is threatene&iwitli the consequences. At Creswich creek, thiswas more particularly the case. Theinen were ail working steadi'y enough there, until the detachment from Eureka reached them, and then they were told by the leader of this detachment that every one of them that did not come out and fight would be marked, and would be sure to gain nothing in the end. The principal leader of the insurgents has been apprehended. He is stated to have formerly been in tlie military profession, and has been for the last few days indefatigable in his endeavour to give something like organization to the men under his command. He is stated to be an athletic and prepossessing young man of about 30 years of age, with every disposition to enforce the most rigorous discipline. " Any man," he is reported to have said, " who is found stealing, or in any way interfering, with private property, may look to himself, for as sure as death my gun shall find him out." Latust jpuom Bali.ahat. There are rumours of a battle having been fought close to Waraneep, in which the troopers got worsted, and numbers of them shot. A great number of dead bodies have been brought in from the bush since yesterday—poor fellows who have died from their wounds since Sunday's affair. Lawler, tlie chief, is dead. On Monday night, a sudden discharge of fire arms took place on the road outside the town, whereby several unoffending persons were wounded. Another gentleman informs us that o childreu were killed by the discharge.

In order to show the reckless proceedings of the troopers, and the value to be placed upon their, testimony, we have now to record the apprehension of Air. Henry Faithowen, of Indented Heads, fanner, who left for Ballarat at 5 o'clock yerterday morning, and was apprehended and sworn to* as a ringleader of the rebels. Mr. Hugh'M'Phillimy, wine merchant, of Malop Street, was arrested also, and sworn to as a rebel. At the time of the latest accounts, digging operations were suspended —the discharge of musketry referred to driving from their holes those who had quietly begun to work. The troops despatched from Melbourne have all arrived. December 3. Mr. Wrixton has arrived ; the examination of the prisoners begins to-day before him. I hear there are now some 150 for trial. Altogether, I believe, there were 156 prisoners; but many have been discharged, giving them the benefit of the doubt when recognition was uncertain. The force which attacked the stockade was above 500, and all that defended it under 150.

[From the "^Melbourne Age," Dec. IS.] December 11. What next? Instead of a grand demonstration in favour of ' camp' law and ' special constable' order yesterday, accompanied by a splendid review of the military and the Royal salute of 101 guns, in honour of the glorious victories obtained over the Russians, as promised by the General and his staff to the diggers assembled on Sunday evening, the following gem of civil and military statesmanship combined, was produced for the people's admiration early yesterday morning, with the date of the previous Sabbath stamped upon it: — " V. R. —Notice.—lt having been represented to Major General Sir Robert Nickle, that public meetings tend to keep the industrious from their useful occupations, and give opportunities to the ill-disposed to disturb the public peace, he feels called upon, in conjunction with the civil authorities, to prohibit any .public meeting whatever, for the present.— Balaarat, 10th December, 1854.—G0d save the Queen. Rumour states that there is dissension even in the camp, and a kind of struggle for supremacy between civil and military powers. One thing is certain, that it is not clearly stated to people at large, whether the constitution is restored or martial law lowering over their heads. The authorities, however, from the sample of Sunday's brief proceedings, were afraid to meet the great body of the diggers, face to face, in peaceful discussion. Hence there was no meeting—no gala day for the soldiers—but all seemed an oppressive quiet, except that here and there- might spring forth stirring strains from the peripatetic German bands, that have ventured back here to perambulate the " dusty diggings." It speaks volumes in favour of the moral superiority of the inhabitants, that whilst commissioners and police do not venture out to protect either life or property, especially at night, and though arms and ammunition still abound throughout the tents, not a case of plunder or violence occurs, and even drunkenness is a rare crime. If simple justice were rendered them,, and the obnoxious officials removed, a moie intelligent, orderly, and industrious community would not be found in Victoria. .At present judgment is as it were held in abeyance, but the feelings of disaffection and disgust are strongest where least expected. It is very unwise on the part of Government to continue the present unnatural state of affairs. Impoetakt Inquiry, 11th December.—Before Dr. Williams, coroner, a verdict of wilful murder was given by the jury against Arthur Purcell Akehurst, a clerk to the Magistrates at Balaarat, and others unknown, for the murder of one Henry Powell, a digger, on the morning of the 3rd December, 1854, who was an unarmed spectator of the Eureka engagement. The following is a copy of the verdict aud rider:— " That the death of the deceased, Henry Powell, was caused by sabre cuts and gun-shot ' wounds, wilfully and feloniously, and of their malice aforethought, inflicted and fired by Arthur Purcell Akehur.st ami others unknown. The juiv trusts that his Excellency the Lieu-teiiau.-ijm'eni'jr will s<Je the justice of ofler.'n"X

a larger reward for such evidence as will lead to the conviction of the murderers. The jury express their condemnation of the conduct of Cap-, tain Evans, J.P., in not swearing the deceased at the time of taking his statement, after being cautioned by Dr. Wills of his immediate danger. The jury view with extreme horror the brutal conduct of the mounted police, in, firing at and cutting down unarmed and innocent persons of both sexes, at a distance from the scene of the disturbance on the 3rd of December, 1854." The Foreman said he begged on behalf of the jury to tender thanks for the kind, courteous, and fair conduct of the coroner. The Coroner replied—" lam proud to acknowledge the compliment, and I trust I shall always be worthy of it, as I wish to do my duty at all times." The following are the names of the jurors:— Messrs. William Green, foreman, Joseph Charles Byrne, William Smith, John Green, Frederick Chaseraore, Daniel Davies, John Boouer, Duncan Mc Lennan, James Tyree, William Harrison, Henry Chatfield, Daniel Davies, and John Barker. The Jury expressed a wish that copies of the veidict and rider should beat once forwarded to his Excellency Sir Charles Hotham, and to the commander of the Forces, Sir Robert Nickle, to which Tequest the Coroner replied, that he was bound to bring the case under the notice of the Attorney-General, but he would take care i that the wishes of the jury in this respect should : be complied with. | It is, however, currently stated that the gen- , tleman compromised by this is still at large in | the camp.