The 1855 Victorian high treason trials took place between 22 February – 27 March in the aftermath of the Battle of the 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 The juries all returned a verdict of not guilty by a jury, and the indictment against Thomas Dignum was withdrawn.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 Governor Sir Charles Hotham over prosecuting the Eureka rebels for the lofty offence of high treason.
On 14 December 1854, the Goldfields Commission sat for the first time. The first Ballarat session is held four days later at Bath's Hotel. At a meeting with Hotham on 8 January 1855, the gold fields commissioners made an interim finding that the mining tax be scrapped, and two days later made a submission advising a general amnesty be granted in relation to all those persons criminally liable for their association with the Eureka Rebellion.
The first trial relating to the rebellion was a charge of sedition against Henry Seekamp of the Ballarat Times. Seekamp was arrested in his newspaper office on 4 December 1854 for a series of articles that appeared in the Ballarat Times. It has been speculated some of the offending articles were written by either John Manning, George Lang, the embezzling bank manager whose father was the prominent Republican and Presbyterian Minister of Sydney, the Reverend John Dunmore Lang, or Clara Seekamp, Henry's de facto wife. Seekamp was tried and convicted of seditious libel by a Melbourne jury on 23 January 1855 and, after a series of appeals, sentenced to six months imprisonment on 23 March. He was released from prison on 28 June 1855, precisely three months early. During Seekamp's absence, Clara would serve as editor of the Ballarat Times.
The approximately 120 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 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.[1]
Nothing is known about the status of most of the detainees regarding their actual participation in the armed uprising.
| Name | Birth year | Birthplace | Legacy and notes | |
|---|---|---|---|---|
| unknown | unknown | Adams 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. | ||
| 1839 | unknown | Noonan 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. | ||
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".[2] 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[3]
| Name | Birth year | Birthplace | Court order | Legacy and notes | |
|---|---|---|---|---|---|
| 1829? | unknown | discharged | Adams 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. | ||
| unknown | unknown | discharged | Allaire was in Ballarat at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | Barry was in Ballarat at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | Bazley was in Ballarat at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | Bisk was in Ballarat at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | Box was arrested in Ballarat on 3 December 1854 and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Brown was in Ballarat at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | Burns (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. | ||
| 1833 | County Clare, Ireland | discharged | Cahill 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. | ||
| unknown | unknown | discharged | Davidson was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | uknown | discharged | Delamere was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Edwards was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Gilhooly was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Gray was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Hindon was arrested on the day of the battle and discharged at the committal hearings. | [4] | |
| 1797 | Cumberland, England | discharged | Hinds 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. | ||
| unknown | unknown | discharged | Humphreys was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Kent was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Kinnear was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Leslie was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Macknon was in Ballarat at the time of the battle and was arrested and discharged at the committal hearings. | [5] | |
| unknown | unknown | discharged | Magennis was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | O'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. | ||
| unknown | unknown | discharged | Orr was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Penrose 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. | ||
| unknown | unknown | discharged | Powell was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Priaulx 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. | ||
| unknown | unknown | discharged | Quin 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. | ||
| 1800 | Guernsey | discharged | Robilliard was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Ross was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Ryan 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. | ||
| unknown | unknown | discharged | Ryley was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Smith was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Steer was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Tighe was arrested at the time of the battle and was discharged at the committal hearings. | [6] | |
| unknown | unknown | discharged | Thompson was present at the battle. He was arrested and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Trynon was arrested at the time of the battle and was discharged at the committal hearings. | ||
| unknown | unknown | discharged | White was arrested at the time of the battle and was discharged at the committal hearings. | ||
| 1814 | London, England | discharged | Winkfield was arrested at the time of the battle and was discharged at the committal hearings. | ||
11 December 1854 hearing[7]
| Name | Birth year | Birthplace | Court order | Legacy and notes | |
|---|---|---|---|---|---|
| unknown | Sweden | discharged | Anderson was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| 1827 | Liverpool, England | discharged | Ashburner 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. | ||
| unknown | unknown | discharged | Avondale was arrested on the day of the battle and discharged at the committal hearings. | ||
| unknown | unknown | discharged | Barclay 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. | ||
| unknown | unknown | discharged | Bohen was in Ballarat at the time of the battle. He was arrested and discharged at the committal hearings. | [8] | |
| unknown | unknown | dischared | Butler 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. | ||
| unknown | unknown | discharged | Develin was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Doolan was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | uknown | discharged | Galloway 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. | ||
| 1823 | Gowran, Kilkenny, Ireland | discharged | Gleeson was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Hickey was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| 1826 | unknown | discharged | Hogan was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Kelly 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. | ||
| unknown | unknown | discharged | Kennedy 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. | ||
| unknown | unknown | discharged | Kennedy 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 | ||
| unknown | unknown | discharged | Leadow was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| 1826 | Ennis, County Clare, Ireland | survivor | One 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. | [9] | |
| unknown | unknown | discharged | Macartney was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Meade was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Meagher was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Pardy was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Penny was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| 1827/1828 | Heemsted, Netherlands | discharged | Peters was arrested on 3 December 1854 and discharged during the committal hearings. He testified in the high treason trial of Jan Vennick. | ||
| unknown | unknown | discharged | Sexton was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Somerville was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Stafford was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Steinman was arrested on 3 December 1854 and discharged during the committal hearings. | ||
| unknown | unknown | discharged | Walker was arrested at the time of the battle and was discharged during the committal hearings. | ||
| unknown | unknown | discharged | Wickley was arrested at the time of the battle and was discharged during the committal hearings. | [10] | |
The thirteen rebel prisoners had already been served with written summonses and, after being called by name and seated, were asked in the following manner to answer the following indictments:
The prosecution was unable to proceed with any lesser charges, such as murder due to the difficulties associated with the criminal burden of proof. Commissioner of Crown Lands, Gilbert Amos, testified that "it was perfectly impossible for us to be seen until we came within 500 yards." A sergeant in the 40th regiment, James Harris, said that it was only possible to positively identify certain rebels at a distance of 50 yards at the time of the fighting. Private John Donnelly swore under oath that: "It was scarcely light; it was light enough to see what we were doing" and that the sun was shining by the time the stockade was overrun, stating that: "Ten minutes at the break of day makes a great deal of difference."[11]
The defendants were originally to be tried in the same order as they were listed in the indictments as follows: Timothy Hayes, Charles Raphelo Carboni, John Manning, John Joseph, Jan Vennick, James Beattie, Henry Reid, Michael Tuohy, James Macfie Campbell, William Molloy, Jacob Sorrenson, Thomas Dignum and John Phelan. However, due to the pre-trial legal chicanery and the unavailability of witnesses, Joseph, an African American, was the first accused man to go on trial. The prosecution may have hoped to exploit any racial prejudices among the jurors. Two privates from the 40th regiment testified that they saw the defendant fire a double-barreled shotgun, and by implication, that he inflicted the fatal wounds to Captain Wise.[12]
Butler Cole Aspinall, who appeared pro bono as junior counsel for the defendants John Joseph and Raffaello Carboni, was formerly chief of parliamentary reporting for The Argus before returning to practice and was elected to the Legislative Assembly in the wake of the Eureka trials. He would receive many other criminal briefs later in his legal career, including the matter of Henry James O’Farrell, who was indicted for an 1868 assassination attempt on the Duke of Edinburgh in Sydney. Gavan Duffy said of Aspinall that he was: "one of the half-dozen men whose undoubted genius gave the Parliament of Victoria a first place among colonial legislatures."
As John Molony points out, "No question could arise as to the legality of trying a foreigner for treason, as such a matter had been widely agreed upon as early as 1649," however regarding the mens rea requirement:
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.[13] 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".
Manning's case was the next to be heard. The remaining trials were then presided over by Victorian Chief Justice Redmond Barry, with all the other accused men being acquitted in quick succession except Dignum, whose indictment was withdrawn nolle prosequi. The remaining five were all tried together on 27 March. The lead defence counsel Archibald Michie observed that the proceedings had become "weary, stale, flat, dull and unprofitable." The trials have, on several occasions, been described as a farce.
Following the acquittal of the thirteen prisoners, Lalor and all the other wanted Eureka Stockade rebels were granted a general amnesty on 9 May 1855. The Colonial Secretary Lord John Russell rebuked Hotham over the decision to prosecute them for treason, saying in a despatch:
| Name | Birth year | Birthplace | Verdict | Legacy and notes | |
|---|---|---|---|---|---|
| 1823 | Cumberland, England | not guilty | Beattie 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". | [14] | |
| unknown | Kingston, Jamaica | not guilty | Campbell was one of the indicted rebels tried and acquitted of high treason. | ||
| 1817 | Urbino, Italy | not guilty | Carboni 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. | ||
| 1836 | Sydney, NSW | nolle prosequi | Dignum 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 succeded in having the charge case dropped. | [15] | |
| 1831 | New York, USA | not guilty | Joseph 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. | ||
| 1820 | Kilkenny, Ireland | not guilty | Hayes was arrested on 3 December 1854 and was one of the rebels indicted and acquitted of high treason. | ||
| unknown | Ireland? | not guilty | Manning 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. | ||
| unknown | unknown | not guilty | Molly 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". | ||
| 1882 | The Cottage, Derry Kearn Abbey, Leix, Ireland | not guilty | Phelan 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. | ||
| unknown | unknown | not guilty | Reed (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. | [16] | |
| unknown | unknown | not guilty | Sorenson 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. | ||
| 1830 | Scariff, County Clare, Ireland | not guilty | Was 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. | [17] | |
| 1823 | Koedijk, the Netherlands | not guilty | Sometimes 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. | [18] | |