Eureka Rebellion
News Reports

In the Police Court yesterday..

Witnesses for the defence.
Joseph Penross knew Reid. "They slept in one tent; are mates.Their tent is about 350 yards from the catholic church.on Sunday morning saw the soldiers pass the Catholic church.Do now know what time it was.Were close to the tent. Were going to see what the soldiers were about. Met some troopers.Troopers told them to go with them, and that if they went quietly it would be all the better for them. Will swear prisoner never was out of his sight from Saturday morning till Sunday , when he saw him in the camp."
John PENNIHMAN :"On Sunday morning was called by the last witness to see the prisoners taken back to the Camp.Prisoner asked Reid to go across the road by the church. It was about 150 yards from our tents.Reid and Penrose live about twelve feet off from us in the nest tent."
cross examined - : "Saw Reid and Penrose arrested"
James WEARNE : "soon after four on Sunday morning heard the firing on Eureka. Went out and stopped until he thought the firing had abated.Peter HICKS and William WEAR where his mates.Had know REID for twelve months.They went about half-way up the Bakery Hill.Saw a disturbance there.Some troopers rode up and spoke to them.Was not near enough to hear what was said.Saw them pull up their clothes,as if looking for arms. Saw them turn back with the troopers."
THE PRISONERS WHERE COMMITTED TO TAKE THEIR TRIAL FOR HIGH TREASON.

Thomas BOX was discharged. Mr Dunn appeared on his behalf

Thomas MAGHER
Thomas DEGAN
Richard ALLEN
Thos DIGNUM
where all charged.
Mr DUNNE appeared for MAYHER.-
William REVEL, private 40th: "I identify Dignem.He had an iron bar with a point, with which he struck at me,but missed me, and ran it into my mare's flank. I cut him over the head with my sword. The iron bar was eight or ten feet long."
PRISONER REMANDED - The COURT ADJOURNED.

AT THE POLICE COURT ON SATURDAY......

Michael KENNEDY
William DEVELIN
John PARDY
Patrick KENNEDY
James SEXTON
Daniel MACARTNEY
James ASHBURN
John LEADOW
Herman STEINMAN
William WINKLEY
William SOMERVILLE
Jeremiah HOGAN
William AVONDALE
Samuel PENNY
Patrick HICKEY
Joseph WALKER
John KELLY
Cornelius PETERS
William STAFFORD
CARL ANDERSON - a Swede
Patrick MEADE
Michael GLEESON

- all were discharged. In some of these cases there was either no evidence against the prisoners,or they where only proved guilty of living in the neighborhood of the stockade, and giving no information to its erection.

Edmund BOHEN
Michael MEAGHER
William GALLOWAY
James BARCLAY
Michael BUTLER
John LYNCH
Charles DOOLAN
- were defended by Mr Dunne and discharged.

DIGNEM and ALLEN, remanded from the previous day, were recalled.
Inspector FOSTER gave evidence that a license to "THOMAS WALKER" was found on the person of DIGNUM.
Private REVEL of the 40th was re -sworn :He stated that he had no doubt about the identity of DIGNUM. He had cut him down.The wound was on his head now.
DIGNUM WAS COMMITTED FOR TRIAL FOR THE CRIME OF HIGH TREASON>
ALLAN was discharged but with a caution

Patrick SHEEDY
Joseph ELLIS
Pergo - a Spaniard]
Romeo [an Italian]
were brought up. Mr Dynam was sworn to act as interpretor for Romeo,. Pargo's case was conducted by the Bench in french.
Michael McADAM, private of the 40th saw SHEEDY taken "convanient" to a tent about 200 yards from the stockade.
J.F.TULKIN - a trooper,saw Romeo taken out of a tent about 150 yeards from the Eureka stockade.He said as he went along towards the Camp., "Thank God, I have escaped with my life this morning.-I'll tell all I know of this"
Trooper MAINGER - "Saw Romeo taken, about 150 yards behind the stockade. I saw many running towards a tent from the one next to which Constable OCONNOR brough Romeo with bloody hands."
Sergeant KING gave the same evidence
REVEL - of the mounted 40th, was riding with others past the stockade. Several shots where fired at them.Saw Ellis with a gun.Saw him fire,and fired at him in return.On his return, saw Ellis in the act of getting over the stockade:cut at him:thought he had killed him, and saw no more of him till he was a prisoner."
ELLIS maintained that he was innocent:wished the trooper who had taken him to be called.He did not know his name,but believed he was a sergeant,and knew he was "fresh looking". Al the sergeants who where in the neighborhood were called,and though they where all "fresh looking" the particular one did not appear. he called
Edwad INGRAM ,his mate,who deposed that ELLIS went to bed on Saturday night, and got up the next morning to see the cause of the firing.They where plumers and glaziers, and had been at work till 6 oclock on Saturday evening.In the morning they went with others on the hill to see what was the matter. When the troopers came in sight,Ellis, who was frightened, went away and was captured. He could bring tow others to corroborate these statements.Witness and his mate had 'always been the other way'.
Patrick LYNOT, private - 40th , saw ROMEO in the stockade.He was armed and much agitated;looking to the right and left as if for a way of escape. There was no doubt about his identity.Saw SHEADY come out of his tent about 500 yards from the stockade .Is convinced that he only came out to see what was doing.
William MURRELL ,corporal,40th, saw PERGO, the Spaniard,at 100 - 150 yards from the stockade.He was near a tent and had no arms.
Ellis called Mr MORGAN, auctioneer,who testified that the prisoner had been working for him for three weeks: had received his wages on Saturday about 6 o'clock.Prisoner was very industrious.Did not attend the meetings.Was always at his work.and had not lost an hour in three weeks.
Sheady,Pergo and Romeo were discharged.Ellis was remanded till Monday, that the other witnesses for the defence might appear.

Thomas Ferdinand TIGHE , who had been discharged the previous day, was brought up on the charge of forcibly demanding goods as one of an armed force,
The prisoner was defended by Mr LYNN.
W.H.COOPER storeman to Mr SWEENY,deposed that two men on horseback came to him on Saturday night,the 2nd December, between 5 -6 o'clock,demanding saddles:he said he could not give them, they said they would send for a force to compel him:they sent away a messenger ,and about fifteen minutes an armed party of about twenty came.In the interval he walked along from his store and was stopped by a man on horseback,he believed the prisoner TIGHE ,who presented a pistol at him.The armed men filled the tent, and carried off twelve saddles and their acceuttrements.
THE PRISONER WAS REMANDED TILL MONDAY.

Thomas O'ROURKE
Charles KEDDAR
John PHELAN
William WRIGHT
- were then brought up and discharged with the exception of PHELAN. Mr Dunne spoke of O"Rourke's character,having known him in Ireland.
Henry GOODENOUGH - trooper - saw PHELAN offering himself as a volounteer on Wednesday,Nov 29th.He was being drilled at the armed-meeting on Thursday, and again on Friday saw him aong the number marched from Bakery Hill to Eureka.Saw him next a prisoner in the Camp on Sunday
Leonard COPACH, Lietenant mounted police : "fired at Phelan.He was armed when in the stockade.The firing had almost ceased. Lt HALL jumped over the stockade and captured him.
By the Bench - :"did not see him fire"
John CULKIS,trooper, "saw Phelan in the stockade, armed.Fired at him,missed him. Seeing him him attempting toget out of the stockade, knocked him down the with flat of his sword. He was armed with a sword.Lt Hall captured him and cuffed him.Mr Farnell recieved his sword."
Samuel FARNELL corroborated the previous evidence as regard to his having given up his sword.
FULLY COMMITTED FOR TRIAL FOR HIGH TREASON.
William MOLLOY,
Jacob LORENSON
Charles LEVISTON - {Livingston}
Patrick HOWARD
- were brought up .LIVINGSTON was discharged
Edward VIRET, sergeant of police "saw Malloy coming out of the stockade at the conclusion of the firing. Told him to surrendour, and he did so. In answer to the witness he said - on the way down "The row is just beginning and would not end now". He was as sober then as now".
Thomas BROADLEY: "Prisoner all the way down repeated that "the row was just begun and would not end here".
MOLLOY WAS COMMITTED FOR TRIAL FOR HIGH TREASON.
James LOUGH saw several men in the stockade near the guard tent.They were armed with pikes and guns. Saw HOWARD first.Was about to fire at him, but fired at a much larger mob."
Sergeant KING saw a number of men running away from the stockade, among the holes towards some of the tents. Lorenson was found in a tent, which was burst open.He had a revolving gun in his hand.He surrendered,saying "I am guilty" or something to that effect.
Inspector Foster gave evidence that prisoner had on his person, when brought into the Camp,balls,caps and a powder flask.
LORENSON WAS COMMITTED FOR TRIAL FOR HIGH TREASON.

Patrick HOWARD was discharged ,but told that he had had a narrow escape
James HEPBURN
Thomas MURPHY - both discharged>

?gave evidence in favour of
BRYANT, remanded from the previous day.He was in the employment of witness for two years.Was an industrious peacible man,never attended the meetings, and was at his work at seven O'clock the previous evening.He was warned and discharged.

Michael Dynan

Andrew SWANSON - a Swede
were brought up. Trooper GOODDENOUGH saw Swanson at the meeting on Thursday, with a bowie knife as long as his arm: he was admitted as a volunteer and drilled. Constable Peters knew Swansen generally as a quiet and peaceable man.Saw him at Bakery Hill;he was intoxicated.Said to witness he had only come for the fun of it.
Private McADAM saw Dynan in the stockade at the Eureka, running with a child in his arms,as if trying to escape.Another Constable corroborated this evidence.Prisoner said he had been to see his sister,Mrs McAdam,from Creswick's Creek.He had been detained in the stockade from the Saturday night, and could not escape .
Swanson and DYNAN were BOTH DISCHARGED

Henry SEEKAMP, who was out on bail, appeared.
Several numbers of the Ballaarat Times where put on. Mr Dunne, for the traverser, admitted the proprietorship of the newspaper.The Bench required Mr SEEKAMP to stand on the floor of the court as a defendant.Mr Dunne said that in the case of the Queen v OConnell and others, the traversers occupied seats at the table besides the Queen's Counsel. The bench stated that this was a courtesy to Mr OConnell and the others.Mr Dunne was sure the Bench would be no less "Courteous" in the present case.Mr Dunne would not require that the extracts on which the charge was founded should be read. The Bench preferred that the passages founded on should be read by the clerk, and the traverser should stand up before the Court as defendant.

The CLerk of the Court then read from the Ballaarat Times of the 18th and 25th Nov and 2nd Dec ,on which, with the whole leading article of the 18th Nov, the charge was founded.
Inspector Carter arrested Mr Seekamp in his own office on Monday, on the charge of sedition.He believed that these leading articles were the principal cause of the disturbance.Mr Dunne submitted that this was not evidence.The Court could receive from Mr Carter a statement of facts,not a judgement on them. The bench thought Mr Carter entitled to state the grounds on which he acted.Mr Carter resumed. He had arrested Mr Seekamp,believing that the articles in his newspaper were seditious.Mr Dunne declined to say anything. Mr SEEKAMP WAS COMMITTED FOR TRIAL, for publishing a seditous libel, but was admitted to bail as before the committment.