List of detainees at the Eureka Stockade

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This is an incomplete list of the around 120 prisoners, some of whom were non-combatants, that were detained by the colonial forces around the time of the Battle of the Eureka Stockade on 3 December 1854 at Ballarat in Victoria, Australia. A group of thirteen accused rebels were then committed to stand trial for high treason, with all either being acquitted or had the indictment withdrawn. Nothing is known about the status of most of the detainees regarding their actual participation in the armed uprising.

Contents

Released without charge

NameBirth yearBirthplaceLegacy and notesRef(s)
William AdamsunknownunknownAdams lived in the vicinity of the Eureka Stockade and was wounded by gunfire three times whilst trying to get his family to safety. He was taken prisoner and spent a week convalescing at the government camp hospital. Adams would later unsuccessfully claim 937 pounds in damages for loss of property and false imprisonment. [1]
Michael Noonan1839unknownNoonan lost his store and received 70 pounds in compensation. His spouse was also assaulted at the time of the battle, and he was detained for five days after being arrested while standing near the St Alphius chapel. [2]

High treason committal hearings

The detainees were mainly apprehended at or in the vicinity of the Eureka Stockade on the day of the battle. They marched to the Ballarat police holding cells until indictments could be issued or dropped. Most of the detainees faced a committal hearing presided over by a bench of magistrates. Depositions of crown witnesses for the brief of evidence in the 1855 Victorian high treason trials were taken between 7–9 December 1854 in Ballarat, mostly from soldiers and police officers who took part in the battle and other witnesses. Each deponent made a signed and sworn written statement concerning their knowledge of the facts concerning the indictment. The testimony was given in open court in the presence of the accused person, who was able to respond via submitting a statement of the accused, although this right was often waived by the detainees. Where the death of a person was involved, the proceedings became an inquest. The deponents were bound by recognisances to give evidence or a signed undertaking to appear at the trial for examination in chief at various venues if required. [3]

It was reported during the high treason committal hearings that the following detainees had been discharged for either "no evidence against the prisoners, or they were only proved guilty of living in the neighborhood of the Eureka Stockade, and giving no information as to its erection". [4] A group of thirteen rebel prisoners were eventually committed to stand for trial for high treason at the Supreme Court in Melbourne.

8 December 1854 hearing [5]

NameBirth yearBirthplaceCourt orderLegacy and notesRef(s)
Charles Adams1829?unknowndischargedAdams was a storekeeper in Ballarat who was taken prisoner and discharged at the committal hearings. May have been the same Charles Adams who was a miner at the Black lead and died in December 1861 aged 32. [6]
Nicholas AllaireunknownunknowndischargedAllaire was in Ballarat at the time of the battle and was discharged at the committal hearings. [7]
Thomas BarryunknownunknowndischargedBarry was in Ballarat at the time of the battle and was discharged at the committal hearings. [8]
Henry BazleyunknownunknowndischargedBazley was in Ballarat at the time of the battle and was discharged at the committal hearings. [9]
Thomas BiskunknownunknowndischargedBisk was in Ballarat at the time of the battle and was discharged at the committal hearings. [10]
Thomas BoxunknownunknowndischargedBox was arrested in Ballarat on 3 December 1854 and discharged at the committal hearings. [11]
Charles BrownunknownunknowndischargedBrown was in Ballarat at the time of the battle and was discharged at the committal hearings. [12]
Edmund BurnsunknownunknowndischargedBurns (or Burn) was arrested inside the Eureka Stockade on 3 December 1854. He later made a compensation claim for his tent, which was set on fire during the battle. Burns was discharged at the committal hearings. [13]
John Cahill1833County Clare, IrelanddischargedCahill was arrested at the Eureka Stockade on the day of the battle. He was active on a committee to redress the grievances of the mining community in Ballarat. Cahill was discharged at the committal hearings. [14]
George DavidsonunknownunknowndischargedDavidson was arrested on the day of the battle and discharged at the committal hearings. [15]
John DelamereunknownunknowndischargedDelamere was arrested on the day of the battle and discharged at the committal hearings. [16]
Nicholas EdwardsunknownunknowndischargedEdwards was arrested on the day of the battle and discharged at the committal hearings. [17]
Patrick GilhoolyunknownunknowndischargedGilhooly was arrested on the day of the battle and discharged at the committal hearings. [18]
Joseph GrayunknownunknowndischargedGray was arrested on the day of the battle and discharged at the committal hearings. [19]
Joseph HindonunknownunknowndischargedHindon was arrested on the day of the battle and discharged at the committal hearings. [20]
Isaac Hinds1797Cumberland, EnglanddischargedHinds was arrested on the day of the battle and discharged at the committal hearings. He was a character witness in Bentley's trial in November 1854. [21]
Richard HumphreysunknownunknowndischargedHumphreys was arrested on the day of the battle and discharged at the committal hearings. [22]
Francis KentunknownunknowndischargedKent was arrested on the day of the battle and discharged at the committal hearings. [23]
Martin KinnearunknownunknowndischargedKinnear was arrested on the day of the battle and discharged at the committal hearings. [24]
Robert LeslieunknownunknowndischargedLeslie was arrested on the day of the battle and discharged at the committal hearings. [25]
Joseph MacknonunknownunknowndischargedMacknon was in Ballarat at the time of the battle and was arrested and discharged at the committal hearings. [26]
Dugald MagennisunknownunknowndischargedMagennis was arrested on the day of the battle and discharged at the committal hearings. [27]
J Kennedy O'BrienunknownunknowndischargedO'Brien was arrested on the day of the battle whilst in the vicinity of the Saint Alphius Catholic church. He was discharged at the committal hearings. All of O'Brien's possessions went missing whilst he was in police custody. He made a compensation claim for his time in custody. O'Brien's name appears on the 1855 electoral roll, and he was a signatory to the Benden S Hassell compensation petition. [28]
Matthew OrrunknownunknowndischargedOrr was arrested on the day of the battle and discharged at the committal hearings. [29]
Joseph PenroseunknownunknowndischargedPenrose was arrested on the day of the battle whilst in the vicinity of the Saint Alphuis Catholic church. He was discharged at the committal hearings. [30]
John PowellunknownunknowndischargedPowell was arrested on the day of the battle and discharged at the committal hearings. [31]
Peter PriaulxunknownunknowndischargedPriaulx was arrested on the day of the battle and discharged at the committal hearings. There are records of a farmer named Peter Priaulx arriving in Melbourne aboard the Saldanha. [32]
John QuinunknownunknowndischargedQuin was arrested on the day of the battle and discharged at the committal hearings. He was a character witness in Michael Noonan's compensation claim. [33]
Henry Robilliard1800GuernseydischargedRobilliard was arrested on the day of the battle and discharged at the committal hearings. [34]
Alexander RossunknownunknowndischargedRoss was arrested on the day of the battle and discharged at the committal hearings. [35]
Martin RyanunknownunknowndischargedRyan was arrested on the day of the battle and discharged at the committal hearings. He subsequently made an unsuccessful compensation claim of 8 pounds for the destruction of his tent and property by the colonial forces. Ryan had asserted that he took no part in the armed uprising directly or indirectly. [36]
Walter RyleyunknownunknowndischargedRyley was arrested on the day of the battle and discharged at the committal hearings. [37]
Arthur SmithunknownunknowndischargedSmith was arrested on the day of the battle and discharged at the committal hearings. [38]
William James SteerunknownunknowndischargedSteer was arrested on the day of the battle and discharged at the committal hearings. [39]
Thomas Ferdinand TigheunknownunknowndischargedTighe was arrested at the time of the battle and was discharged at the committal hearings. [40]
George ThompsonunknownunknowndischargedThompson was present at the battle. He was arrested and discharged at the committal hearings. [41]
Henry TrynonunknownunknowndischargedTrynon was arrested at the time of the battle and was discharged at the committal hearings. [42]
Andrew WhiteunknownunknowndischargedWhite was arrested at the time of the battle and was discharged at the committal hearings. [43]
Robert Winkfield1814London, EnglanddischargedWinkfield was arrested at the time of the battle and was discharged at the committal hearings. [44]

11 December 1854 hearing [45]

NameBirth yearBirthplaceCourt orderLegacy and notesRef(s)
Carl Anderson (a Swede)unknownSwedendischargedAnderson was arrested on 3 December 1854 and discharged during the committal hearings. [46]
James Ashburner1827Liverpool, EnglanddischargedAshburner was a pikeman at the Eureka Stockade who was captured during the fall of the Stockade. He was reported for wielding a pike made from a pick. Ashburner witnessed Peter Lalor being shot, and fearing for the rebel leader's life, he dragged Lalor outside the stockade, where he took refuge in a hole. He was detained soon after and chained to Timothy Hayes overnight. Ashburner was in Ballarat for the 50th anniversary commemorations. His account was published in the Ballarat Courier, 3 December 1904 edition. [47]
William AvondaleunknownunknowndischargedAvondale was arrested on the day of the battle and discharged at the committal hearings. [48]
James BarclayunknownunknowndischargedBarclay was arrested on the day of the battle and discharged at the committal hearings. He may be the same James Barclay who died at age 36 in 1862. [49]
Edmund BohenunknownunknowndischargedBohen was in Ballarat at the time of the battle. He was arrested and discharged at the committal hearings. [50]
Michael ButlerunknownunknowndischaredButler was arrested on 3 December 1854 and discharged during the committal hearings. He may have been the same Michael Butler who arrived in Melbourne in 1841 with his parents at age four. [51]
William DevelinunknownunknowndischargedDevelin was arrested on 3 December 1854 and discharged during the committal hearings. [52]
Charles DoolanunknownunknowndischargedDoolan was arrested on 3 December 1854 and discharged during the committal hearings. [53]
William GallowayunknownunknowndischargedGalloway was arrested on 3 December 1854 and discharged during the committal hearings. His tent was next to Thomas Cox's. Galloway had blood on his hands at the time he was arrested. On 11 December 1854, he appeared at the inquest into the death of Henry Powell. [54]
Michael Gleeson1823Gowran, Kilkenny, IrelanddischargedGleeson was arrested on 3 December 1854 and discharged during the committal hearings. [55]
Patrick HickeyunknownunknowndischargedHickey was arrested on 3 December 1854 and discharged during the committal hearings. [56]
Jeremiah Hogan1826unknowndischargedHogan was arrested on 3 December 1854 and discharged during the committal hearings. [57]
John KellyunknownunknowndischargedKelly was arrested on 3 December 1854 and discharged during the committal hearings. The US consul, James Tarleton, made representations to secure his release from custody. Kelly was a partner along with Frank Carey in the Excelsior restaurant and boarding house and had previously served a six-month sentence for selling alcohol without a licence. [58]
Michael KennedyunknownunknowndischargedKennedy was arrested on 3 December 1854 and discharged during the committal hearings. He was a signatory to the Benden S Hassell compensation petition in 1855. [59]
Patrick KennedyunknownunknowndischargedKennedy was a miner who was visiting a friend on 2 December 1854. He was held as a prisoner at the Eureka Stockade, perhaps under suspicion he was a spy, and managed to escape. His friend lived near the stockade, and Kennedy was again detained. Kennedy was discharged at the committal hearings and discovered that his belongings had been stolen from him during his time in custody [59]
John LeadowunknownunknowndischargedLeadow was arrested on 3 December 1854 and discharged during the committal hearings. [60]
John Lynch1826Ennis, County Clare, IrelandsurvivorOne of Peter Lalor's captains, he helped to conceal the rebel leader in a hole with slabs. He was arrested later that day and released. He returned to Ballarat to deliver an oration for the second anniversary of the battle. His memoirs were published in the Austral Light from October 1893 to March 1894. Buried in the Smythesdale Cemetery. [61] [62]
Daniel MacartneyunknownunknowndischargedMacartney was arrested on 3 December 1854 and discharged during the committal hearings. [63]
Patrick MeadeunknownunknowndischargedMeade was arrested on 3 December 1854 and discharged during the committal hearings. [64]
Michael MeagherunknownunknowndischargedMeagher was arrested on 3 December 1854 and discharged during the committal hearings. [65]
John PardyunknownunknowndischargedPardy was arrested on 3 December 1854 and discharged during the committal hearings. [66]
Samuel PennyunknownunknowndischargedPenny was arrested on 3 December 1854 and discharged during the committal hearings. [30]
Cornelius (or Charles) Peters1827/1828Heemsted, NetherlandsdischargedPeters was arrested on 3 December 1854 and discharged during the committal hearings. He testified in the high treason trial of Jan Vennick. [67]
James SextonunknownunknowndischargedSexton was arrested on 3 December 1854 and discharged during the committal hearings. [68]
William SomervilleunknownunknowndischargedSomerville was arrested on 3 December 1854 and discharged during the committal hearings. [69]
William StaffordunknownunknowndischargedStafford was arrested on 3 December 1854 and discharged during the committal hearings. [70]
Herman SteinmanunknownunknowndischargedSteinman was arrested on 3 December 1854 and discharged during the committal hearings. [39]
Joseph WalkerunknownunknowndischargedWalker was arrested at the time of the battle and was discharged during the committal hearings. [71]
William WickleyunknownunknowndischargedWickley was arrested at the time of the battle and was discharged during the committal hearings. [72]

High treason trials

The high treason trials took place between 22 February – 27 March 1855 in the aftermath of the fall of Eureka Stockade. The Goldfields Commission recommended a general amnesty for all on the runs from the fallen Eureka Stockade. Instead, thirteen of the rebels detained were eventually indicted for high treason. The juries all returned a verdict of not guilty by a jury, and the indictment against Thomas Dignum was withdrawn. On 23 January, the trial of Ballarat Times editor Henry Seekamp resulted in a finding of guilt for seditious libel, and a month later, he was sentenced to a term of imprisonment of six months. The trials have been described as farcical, and the colonial secretary would rebuke Lieutenant Governor Sir Charles Hotham over prosecuting the Eureka rebels for the lofty offence of high treason. [73]

The defendants were originally to be tried in the same order as they were listed in the indictments. However, due to the pre-trial legal chicanery and the unavailability of witnesses, John Joseph, an African American, was the first accused man to go on trial. The jury deliberated for about half an hour before returning a verdict of "not guilty." The Argus reported that "A sudden burst of applause arose in the court," but it was instantly checked by court officers. The Chief Justice condemned this as an attempt to influence the jury, as it could be construed that a jury could be encouraged to deliver a verdict that would receive such applause; he sentenced two men (identified by the Crown Solicitor as having applauded) to a week in prison for contempt. [74] Over 10,000 people had come to hear the jury's verdict. According to Richard Allan's account published in the Ballarat Star , upon emerging from the courthouse, Joseph "was put in a chair and carried around the streets of the City in triumph with the greatest demonstrations of joy". [75]

NameBirth yearBirthplaceVerdictLegacy and notesRef(s)
James Beattie1823Cumberland, Englandnot guiltyBeattie was one of the indicted rebels tried and acquitted in the 1855 Victorian High Treason trials. Witnesses stated that he volunteered to join a rebel company at the 29th December 1854 meeting at Bakery Hill. He then drilled and marched with the other rebels to the Eureka lead and was drilled again that and the following day. Beattie negotiated the perimeter of the stockade just before the shooting had ceased. Beattie had a large horse pistol that he dropped within the stockade when he saw troops outside. He either fell or drooped to his knees and cried for mercy, saying he "was beaten and would give in". [76] [77] [78]
James Macfie CampbellunknownKingston, Jamaicanot guiltyCampbell was one of the indicted rebels tried and acquitted of high treason. [79]
Raffaello Carboni 1817Urbino, Italynot guiltyCarboni acted as Lalor's interpreter in dealing with some of the European miners. He was an eyewitness to the battle, seeking shelter in the chimney of his dwelling that was nearby the stockade. Subsequently indicted and acquitted in the high treason trials. Eureka folklore is deeply indebted to Carboni, who published the only full-length eyewitness account of the Eureka Rebellion later in 1855. [80]
Thomas Dignum1836Sydney, NSWnolle prosequiDignum is among the four known native-born Australians at the Eureka Stockade and was one of the pikemen. Signed the Benden Hassell compensation petition. Carboni described him as a "serious looking, short, tight-built young chap" who "fought like a tiger" in the battle. He was one of the thirteen indicted rebels and succeeded in having the charge case dropped. [81] [82]
John Joseph1831New York, USAnot guiltyJoseph was one of the rebels indicted and acquitted of high treason. He was praised for his performance under fire. Carboni said that Joseph was honest and kind and fired as part of the volley that killed Captain Wise. As an African American, doctor Charles Kenworthy did not act as Joseph's intermediary in an effort to secure his release as he did in relation to other Americans in legal jeopardy as a result of their involvement in the Eureka Rebellion. Joseph was tried first and acquitted. It is said that he was carried aloft in a chair by a joyous crowd around the streets of Melbourne. [83]
Timothy Hayes1820Kilkenny, Irelandnot guiltyHayes was arrested on 3 December 1854 and was one of the rebels indicted and acquitted of high treason. [84]
John Manning unknownIreland?not guiltyManning was a journalist who Carboni mentions as being present at the meeting where Peter Lalor was confirmed as rebel leader. Inspector Carter discovered him in the stockade's armoury when he stormed the tent. Carter arrested Manning himself and placed him into the custody of Lieutenant Richards of the 40th Regiment. Subsequently indicted and acquitted in the high treason trials. [85]
William Mollyunknownunknownnot guiltyMolly was at the Eureka Stockade and detained and released. On 9 December 1854, along with Edward Sorrenson and Patrick Howard, he was indicted for high treason. Witness Edward Verit testified that near the conclusion of the attack, Molly was "being driven out" of the stockade and that "I collared him and took him. He had no arms that I saw". [86]
John Phelan1882The Cottage, Derry Kearn Abbey, Leix, Irelandnot guiltyPhelan was one of the rebels indicted and acquitted in the high treason trials. He had served as a juror on the James Scobie inquest. There is a legend that he and a miner named McGrath buried Lalor's amputated arm down an old alluvial shaft near the junction of present-day Princess and Meir Streets. Another is that he accompanied Lalor to a land auction while Lalor was still on the run. However, this seems unlikely, as Phelan was in police custody the whole time until his acquittal. [87]
Henry Reedunknownunknownnot guiltyReed (or Read) was one of the rebels indicted and acquitted for high treason. Sub-Inspector Samuel Furnell saw Reed inside the Eureka Stockade on 3 December 1854, and it was alleged that he had fired on trooper Michael Lawler. [88] [89]
Jacob Sorrensonunknownunknownnot guiltySorenson was arrested on 3 December 1854. He was committed to stand trial on 9 December 1854 along with William Molloy and Patrick Howard. Sorenson was described as heavily tattooed and illiterate. [90]
Michael Tuohy1830Scariff, County Clare, Irelandnot guiltyWas part of the contingent that traveled from Creswick contingent to the Eureka Stockade. He was detained by Corporal William Richardson whilst attempting to flee the stockade in possession of a double-barrelled shotgun. Subsequently, spent most of his fortune pursuing a compensation claim over the loss of his mine. [91] [92]
Jan Vennick1823Koedijk, the Netherlandsnot guiltySometimes referred to as John Fenwick, Vennick was a non-combatant who was indicted and acquitted of high treason. He shared a tent with Cornelius Peters and Le Fronzis Romeo that was situated 300 yards away from the Eureka Stockade. At the time of the battle, German miner Edward Bloehm roused the three of them. The police surrounded the tent and called on the occupants to surrender. Vennick emerged wearing red trousers gaining the nickname "the captain". He was handcuffed and then struck with a sword, nearly severing his ear and sustaining three blows to the head. At the high treason trials, Peters was able to provide Vennick with an alibi, testifying that Vennick was working with him all day on the 2 December 1854 and had been in the tent all night and on the morning when the stockade was overrun. [93] [94]

See also

Notes

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    References

    1. ↑ Corfield, Wickham & Gervasoni 2004, p. 4.
    2. ↑ Corfield, Wickham & Gervasoni 2004, p. 400.
    3. ↑ "05 Mar 2011 - Eureka on Trial : The State Trials - Archived Website".
    4. ↑ The Argus, 12 December 1854.
    5. ↑ The Argus, 11 December 1854.
    6. ↑ Corfield, Wickham & Gervasoni 2004, p. 3.
    7. ↑ Corfield, Wickham & Gervasoni 2004, p. 8.
    8. ↑ Corfield, Wickham & Gervasoni 2004, p. 40.
    9. ↑ Corfield, Wickham & Gervasoni 2004, p. 43.
    10. ↑ Corfield, Wickham & Gervasoni 2004, p. 57.
    11. ↑ Corfield, Wickham & Gervasoni 2004, p. 68.
    12. ↑ Corfield, Wickham & Gervasoni 2004, p. 81.
    13. ↑ Corfield, Wickham & Gervasoni 2004, p. 87.
    14. ↑ Corfield, Wickham & Gervasoni 2004, p. 91.
    15. ↑ Corfield, Wickham & Gervasoni 2004, p. 142.
    16. ↑ Corfield, Wickham & Gervasoni 2004, p. 147.
    17. ↑ Corfield, Wickham & Gervasoni 2004, p. 174.
    18. ↑ Corfield, Wickham & Gervasoni 2004, p. 219.
    19. ↑ Corfield, Wickham & Gervasoni 2004, p. 233.
    20. ↑ "Joseph Hindon - eurekapedia". www.eurekapedia.org.
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