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There was presumably a majority of Mr. Stoate's own persuasion around listening to the foregoing remarks, but the onlookers did not seem inclined to controvert this earnest speaker's arguments – seeing that he was distinctly an awkward customer, as he stood there, obviously in hard condition, and eager for the fray.
'See here now, boys,' said a large imposing-looking policeman, 'sure it's betther for yees to be gettin' a bit to ate and a sup of beer this hot day, than to be disputing within the hearin' of the Coort, and may be gettin' "run in" before sundown. Sure it's Misther Barker that's sittin' the good example.' Here he pointed to the agitator, who, after mumbling a few words about 'workers who didn't stand by their order,' had moved off, and was heading straight for the bar of the Murrumbidgee Hotel.
This broke up the meeting, as the Union labourers were anxious to hear the conclusion of the case, Regina v. Hardwick and others, and were not unobservant either of the unusually large force of police which the Resident Magistrate of Wagga Wagga, a man of proverbial courage and experience, had called up, in anticipation of any émeute which might arise as a result of this exciting trial. At half-past one o'clock the Judge, accompanied by the Deputy Sheriff, took his seat upon the Bench, and the Court was again formally declared open.
As the name Janus Stoate was called by the official, in a particularly clear and audible voice, every eye was turned toward the door by which the Crown witnesses entered, and that distinguished delegate walked in, closely accompanied by a senior constable.
His ordinarily assured and aggressively familiar manner had, however, deserted him; he looked, as the spectators realised, some with surprise, others with chagrin, more like a criminal than a Crown witness.
Bill's gaze was fixed upon him, but instead of homicidal fury, his whole countenance exhibited unutterable scorn, loathing, and contempt. As he turned away, he confronted the spectators and the Court officials generally, with a cheerful and gratified expression, unshared by his companions in misfortune.
Even they regarded Stoate with doubt and disfavour. Deeply suspicious and often envious of their fellow-workmen who attained parliamentary promotion, and more than that, a fixed and comfortable salary, they were skilled experts in facial expression. In the lowered eyes and depressed look of Mr. Delegate Stoate they read defeat and disaster, not improbably treachery.
'The beggar's been squared or "copped" for some bloomin' fake,' said the prisoner on the other side of the man in irons. 'He's goin' to turn dog on us, after all.'
'If I don't get a "stretch,"' growled the other, 'his blood-money won't do him no good.'
'Silence in the Court,' said the senior Sergeant, and Mr. Stoate was duly sworn.
'Your name is Janus Stoate, and you are a shearer and a bush labourer?' said the Crown Prosecutor.
'That is so, mostly go shearin' when I can get a shed.'
'Now, do you know the prisoners in the dock? Look at them well. Their names are William Stokes, Daniel Lynch, Hector O'Halloran, Samson Dawker, Jeremiah Abershaw, and William Hardwick.'
'Yes, your Honour; I've met 'em as feller-workers. I don't know as I've been pusson'ly intimate with 'em – except prisoner Hardwick.'
'He does know him, to our sorrow, the false villain!' cried out Jenny, coming a pace forward with a child in each hand, and delivering her impeachment before any one could stop her. 'Ask him, your Honour, if he hasn't lived with us, lived upon us I call it, for weeks at a time – and now he's going to bear false witness and ruin the family, body and soul.'
'Is this the person who interrupted before?' said the Judge. 'Order must be kept in the Court. Let her be removed.' Here the Deputy Sheriff said a few words in a low tone to his Honour. 'Indeed!' said the Judge mildly. 'She must control her feelings, however. My good woman, if I hear another interruption, it will be my duty to have you removed from the Court.'
'Mrs. Hardwick,' said Biddulph, when Jenny's sobs had ceased, 'don't you make a fool of yourself, you're hurting Bill's case. I thought you had more sense. Do you want me to throw it up?'
This settled poor Jenny effectually, and humbly begging pardon, she promised amendment, and kept her word – only regarding Stoate from time to time with the expression which she had assumed at times when a native cat (Dasyurus) had got into her dairy.
'Were you at a place called Poliah, on the river Darling, on or about the 28th August last?'
'Yes, I was.'
'Was there a camp there of Unionist shearers?'
'There was workers of all sorts, besides shearers, rouseabouts, and labourers, also loafers.'
'Very likely; but what I want you to tell me is, were they chiefly shearers? In number, how many?'
'Well, say six or seven 'underd.'
'You acted as a delegate, I believe, under rules of the Australian Shearers' Union, at several stations during shearing?'
'I was app'inted as delegate by my feller-workers, and acted as sich on several occasions.'
'What were your duties as a delegate?'
'I 'ad to be in the shed while shearin' was goin on, to see the rules of the Australian Shearers' Union was carried out strickly, and that the men got justice.'
'In what way?'
'Well, that they wasn't done out of their pay for bad shearin', when they shore reasonable well; that they got proper food and lodgin', and wasn't made shear wet sheep, which ain't wholesome – and other things, as between employer and employee.'
'As delegate, did you go to Poliah? and did you see a steamer called the Dundonald on the river?'
'Yes, I did.'
'Did you see a number of men rush on board of her, and take the free labourers out of her?'
'No. I was at the back of the camp persuadin' of the men not to use no vi'lence. Then I heard a great hubbub, and guns fired. After that I saw the steamer afire and drifting down river.'
'Did you see who set it on fire?'
'No.'
'Did you see who fired the guns?'
'No; I heard the reports of 'em.'
'Did you see any men on the bank with guns in their hands?'
'Yes; a line of 'em along the river.'
'Were the prisoners now before the Court there?'
'They might have been, I can't speak positive.'
'Was the prisoner Hardwick there carrying a gun?'
'I can't be sure. He might have been. I thought I saw him, but I wasn't near him, and I can't be sure in my mind.'
'You can't be sure?' asked the Crown Prosecutor angrily. 'Didn't you swear at the Police Court at Dilga that you saw him not only holding a gun, but firing it towards the steamer? I'll read your deposition. "I saw the prisoner holding the gun produced. He appeared to have been firing it."'
'Now, Mr. Stoate, is that your signature? and how do you account for your going back on your sworn evidence? You're intelligent enough – in a way. I am at a loss to understand your conduct.'
'Well, I was a bit flurried at the time – confused like. The police came down and charged the mob, and a lot of the shearers cleared out.'
'Then you won't swear that Hardwick held the gun, or fired it?'
'No; I wasn't near enough to him to be dead certain. It was a man like him.'
'Your Honour,' said the Crown Prosecutor, 'this is a most extraordinary change of front on the part of this witness; it amounts to gross prevarication, if not something worse. I may have occasion to prosecute him for perjury. You may go down, sir.'
'Not yet. With your Honour's permission, I propose to cross-examine the witness,' interposed Mr. Biddulph. 'Now,