Ratical Hirstory.
Matthew X
profrv at nex.net.au
Tue May 11 09:42:05 PDT 1999
AUSTRALIAN RADICAL HISTORY THE EUREKA SERIES NO. 29 ONE MORE TIME Carboni¹s
acquittal twenty minutes after the jury retired, should have culminated in
the end of the treason trials. Governor Hotham and his Attorney-General
William Foster Stawell, rightly believed their credibility with the Home
Office in London rested on a conviction, so they insisted that the farce go
on, hoping they could record one conviction. Jan Vannick a "foreign" from
Holland, one of the "mongrel crew" took his turn on the stand. After a
trial that lasted less than a day he was acquitted in record time. James
Beattie was the next miner to face the court. Evidence was given that
trooper Rivell from the 40th Regiment, confronted Beattie as he clambered
back into the stockade with a pistol in his hand. Beattie dropped his
pistol, dropped to his knees and screamed "Mercy! Save Me! Don¹t Shoot! I
am beaten! I will give in!" as trooper William Rivell aimed his carbine at
him. Fortunately for Beattie, Sergeant Patrick Riley of the same regiment
saw Beattie beg for mercy and told trooper Rivell to take him prisoner.
Beattie was acquitted once again in record time. Michael Touhey took the
stand the following day. Evidence was given that Touhey was caught escaping
from the stockade. Once again another one of the magnificent thirteen was
acquitted of the charge High Treason. Michael Touhey was born in Scariff,
Ireland in 1830. He survived the Irish famine, burying many family members
and friends. He never forgot that food was being exported from Ireland to
line the pockets of English absentee landlords, while a million Irish men,
women and children died and a further million were forced to immigrate. On
the morning of December 3rd 1854, Touhey was prepared to fight and die if
necessary. Although he had traveled 12,000 miles to escape the tyranny of
the British government, once again he faced the same tyrants. Luck seemed
to be with Touhey, after side swiping a bayonet that ripped through his
clothes, he was arrested and marched to the police camp. On the way to the
camp, a soldier tried to cut off his head with a sabre. Touhey¹s nimble
feet saved him once again. After his acquittal he returned to the alluvial
diggings at Ballarat. Once the gold ran out, he took up a farm in the
Ballarat district between Melbourne and Ballarat. He took part in the 50th
anniversary celebrations at Ballarat in 1904 and continued farming till he
died at the age of 85 from pneumonia at the Ballarat Hospital in September
1915. He was the last survivor of the thirteen who stood trial for High
Treason in Melbourne in 1855. NEXT WEEK: THE FINAL SIX.
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