LITMIR.BIZ

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I concluded to be Union shearers. They were yelling and shouting out that they had just burned the—— boat and would roast the crew and captain for bringing up "blacklegs." I called upon them to disperse, and as they made a show of resistance I ordered my men to charge. They commenced to retreat and disperse, upon which I caused all the men to be arrested who had arms in their hands, and who were pointed out to me as having fired at the crew of the steamer or having set fire to the vessel.'

      'Do you recognise the prisoners before the Court?'

      'Yes; all of them.'

      'Your Honour, I appear for prisoner William Hardwick,' said a shrewd, alert-looking person, who had just then bustled into the Court and appeared to be well known to the legal section. 'May I ask to have the captain's evidence read over to me? Ordinarily I should not think of troubling your Honour or delaying the business of the Court; but I have travelled from Harden, and, being delayed on the road, have only this moment arrived.'

      'Under the circumstances, Mr. Biddulph, the evidence of Captain Elliot may be read over from my notes.' This was done.

      The witness's evidence was proceeded with.

      'Was there any show of resistance by the men assembled in the camp?'

      'There was a movement as if they were disposed to fight. They outnumbered my troopers more than six to one, but at the first charge they wavered and dispersed. They made no opposition to my arresting the prisoners before the Court. One of them, the one now in irons, made a desperate resistance, but was not supported.'

      'Now, Captain Elliot,' said Mr. Biddulph, 'will you look at the prisoner at this end of the dock; do you remember him?'

      'Perfectly. He had a rifle in his hand when I ordered him to be arrested.'

      'Did he resist?'

      'No.'

      'Did he say anything? If so, what was it?'

      'He said, "I'm not here of my own free-will. I've been robbed and ill-treated by these men. I was forced to carry this gun. You can see that it has not been discharged. My mates (there are several of them) can prove that." I asked him where they were. He said he did not know.'

      'Then you had him arrested, though he disclaimed taking any part in the unlawful proceedings? Did you not believe him?'

      'I did not. As it happened, other prisoners made substantially the same defence who had been seen firing their guns just as we rode up.'

      'That will do, captain.'

      The next witness was called.

      'My name is Humphrey Bolton. I am a Sergeant of Volunteers, and came up from Moorara by a forced march as soon as we heard that the steamer was burnt. When we struck the camp there were six or seven hundred men, most of them armed. They appeared very excited. I saw the steamer drifting down the river. She was on fire. I saw a barge with a number of men in it. I noticed the Unionists standing on the bank of the river and firing from time to time in the direction of the barge. The men in the barge were bending down and lying in the bottom as if afraid of being hit. I did not hear of any of them being hurt; a few shots were fired back, and one man in the camp was wounded.'

      'What happened next?' said the Crown Prosecutor.

      'Captain Elliot ordered me to capture all men on the river-bank who had arms in their hands. The six prisoners before the Court and about a dozen others were taken in charge accordingly.'

      'Did the crowd resist their capture?'

      'They made a show of it at first, but as soon as we charged, they gave way and cleared off in all directions.'

      'Now, sergeant,' said Mr. Biddulph, 'look at the prisoner William Hardwick. Had he arms?'

      'He was carrying a gun.'

      'Did you see him fire it?'

      'No.'

      'Did you examine it, when he said it had not been fired?'

      'Yes, the captain ordered me to do so; it had not been fired recently.'

      'Wasn't that proof that he was speaking the truth?'

      'How could I tell? He might have been going to fire, or picked up one that had not been used. Besides, my officer told me to arrest him, and, of course, I obeyed orders. He was in company with men who had just committed a felony, at any rate.'

      'I see—evil communications. You may go down, sergeant.'

      The next witness was the captain of the Dundonald.

      'My name is Seth Dannaker, Master Mariner, out of Boston, U.S.A. I was lately in command of the steamer Dundonald—now at the bottom of the river Darling. I had come from Pooncarrie, carrying forty-five free labourers, last Saturday, without obstruction or disturbance. I took wood on board, and tied up, with swamp all round, a little below Poliah. We heard that a large camp of Unionists were waiting to attack us there; they had wire ropes across the river. We had steam up all night and a watch was kept. About four o'clock A.M. a mob of disguised men rushed on board the boat, and took possession of her. They knocked me about, and put me and the crew on board the barge, now moored at Moorara. They afterwards set the Dundonald on fire. She drifted down the river, and finally sank. They took possession of the free labourers, and counted them. They had guns and revolvers, threatening to shoot me and all who resisted them. I have lost all my personal effects, including money. I thought this was a free country; now I know it isn't.'

      Cross-examined by Mr. Carter, appearing for the prisoners—with the exception of William Hardwick.

      'You say you were threatened by one or more of the Unionists. Can you recognise any of the prisoners now before the Court?'

      'Yes; the man in irons. I was told his name was Abershaw. He put a revolver to my head, swearing he would shoot me if I resisted; also that he would burn the b——y steamer, and roast me and the Agent of the Employers' Association for bringing up blacklegs.'

      'Was he sober?'

      'I cannot say. He was much excited, and more like a madman than any one in his senses. Two or three men struck me. I cannot identify any other prisoners. I had left my revolver in the cabin, or I should have shot some of them.'

      'Did you see any persons firing at the vessel or crew?'

      'Yes; there was a line of men on the bank firing with rifles at the crew. They wounded two of them. I cannot identify any of them.'

      Cross-examined by Mr. Biddulph.

      'Will you look at the man in the corner of the dock nearest to you? Did you see him firing or carrying a gun?'

      'I never saw him at all, to my knowledge. Of course there was confusion.'

      Next witness. 'My name is James Davidson. I am the Agent of the Employers' Association. On or about the 28th August 1894, I came up in the Dundonald in charge of free labourers (forty-five) to a spot near Poliah. The police had been sent for from Tolarno. We had heard of the Unionists intending to obstruct the boat, and so kept watch above and below. Next morning, just before daylight, a number of men rushed on board. One of them pointed a gun at the man who tried to set the boat free, threatening to kill him if he moved. They went into the wheel-house, and struck the captain; I heard them tell him they would kill him and burn the boat. He was knocked about badly. I got a few blows before the leaders got the men quiet. Then they started getting my men out.'

      By the Crown Prosecutor. 'Whom do you mean by your men?'

      'The free labourers.'

      'Did they resist, or go quietly?'

      'Some went quietly—others resisted, and were thrown overboard. A few were only in their shirts, as they had not had time to dress. They were then set up in a line and counted, to see if they were all there. A guard was put over them.'

      'Was the guard armed?'

      'Yes. Another gang was busy unloosing the steamer, and preparing her for the fire. They smashed in the cabins and stole everything.

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