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Treason trials sketchBiographies

Arthur Akehurst
Clerk of the Peace Arthur Akehurst was charged over the death of Henry Powell in the battle at the Eureka Stockade. Powell who had initially survived the attack identified Akehurst as his assailant and in his dying statement told Inspector Evans of how he was struck over the head with Akehurst's sabre. In January 1855, Akehurst stood trial for manslaughter over the death of Henry Powell, but was later discharged as Inspector Evans had forgotten to swear Powell in before he gave his dying testimony. These events did not seem to hinder Akehurst's career as he later moved to Geelong as a Clerk of the Court and then moved around Victoria as a Police Magistrate.

Redmond Barry
The Barrys, a landlord family, hailed from Barryclough in County Cork. Redmond, the fifth of thirteen children, was educated at Trinity College and called to the Bar in 1838; the following year he left for Australia. The next decade saw him climb the ladder, both socially and in the legal profession. He began a longstanding affair with a married woman, Louisa Barrow, and had four children by her. Barry was appointed a judge in 1852, and spent the remainder of his life as one of the most important public figures in Melbourne, being knighted in 1860. He is best remembered as the judge who sentenced Ned Kelly to death, but he also presided over eleven of the Eureka Treason Trials in his capacity as Solicitor General. Redmond Barry comes across as the epitome of the stern, inflexible man of law, with men's lives in his hands. Yet socially he was considered pleasant, and had been thought a handsome man when young.

James Beattie
Arrested by police spy Henry Goodenough on 3 December 1854 at the Eureka. He was later tried for high treason on the 23 March the following year in front of Judge Redmond Barry. As with the other defendants facing this charge, Beattie was found not guilty.

Catherine Bentley
Catherine Bentley arrived in Victoria in 1850 aboard the ship the Lochnagar. Only 23 years of age, her involvement in the murder of James Scobie was to leave her and her children destitute. By 1855 Catherine Bentley had sent two petitions, the first to Governor Hotham and the second one to the Board investigating the Ballarat Riots, she described herself as being "blameless" in the attack. Mrs Bentley claimed that the losses accrued in regards to the destruction of the Eureka hotel amounted to approximately £30,000. As a result she had moved to the Maryborough diggings to support her children by keeping a refreshment tent. The tent was unlicensed and she was reported to the authorities for selling liquor without a licence.

James Bentley
Originally from Surrey, James Bentley first comes into view with his transportation to Van Diemen's Land for forgery in 1843. Pardoned in 1851, he went to Ballarat, where after various temporary jobs he set himself up as an hotelier. The Eureka hotel, which burnt down on 17 October 1854, had been the most substantial establishment in the area, but was not considered an honest or reputable place. Bentley's role in the death of James Scobie led (eventually) to his conviction for manslaughter and three years hard labour; he was not present at the Stockade. After various attempts to build a new life, Bentley committed suicide in 1873, leaving a wife and family behind. Despite a disreputable history, Bentley seemed to have an ability to win important friends; such men backed his hotel in Ballarat, and according to the diggers, his initial escape over Scobie's murder was also due to having friends in high places.

James Mackie (McFie) Campbell
Born in Jamaica, Campbell was one of the last five prisoners to be tried for high treason in the State Treason Trials of 1855. He was acquitted along with the other twelve defendants for their participation in the battle at the Eureka Stockade.

Raffaello Carboni
See the page Raffaello Carboni and the Eureka Stockade.

Dr Alfred Carr
Born in England in Dr Carr migrated to Australia 1852. Although he sympathised with the plight of the diggers they turned against him when he gave James Bentley a favourable character reference at the trial of James Bentley in Melbourne. Many of the diggers viewed Dr Carr with suspicion and felt that he may in fact have been a spy for the authorities. During the battle at the stockade Dr Carr spent his time treating many of the wounded and dying diggers. After the State Treason Trials he became unwell, developed a mental illness and eventually retired to the Ararat Asylum where he remained until his death in 1894.

John D'Ewes
Little is known about D'Ewes early or later life, but in late 1854 he was Police Magistrate at Ballarat. His administration of this office was not unusual in its corruption and partiality; the police were very unpopular in Ballarat and D'Ewes was perhaps the most hated man in the town. D'Ewes helped run the inquest into Scobie's death, and his strong efforts on behalf of his close friend James Bentley led to his removal from office in disgrace. The former Police Magistrate left the town and is known to have gone to Sydney. He published a book in 1857 entitleded China, Australia and the Pacific Islands, 1853-56. He eventually committed suicide in France.

Thomas Dignum
A native of Sydney, Dignum had come to the Ballarat in search of gold. His involvement in the plight of the stockaders led to his arrest on the charge of high treason. Dignum was discharged before the trial had even begun, with the prosecutor entering a "nolle prosequi", that is, he decided not to go ahead with the prosecution.

Thomas Farrell
Having served his time in Van Dieman's land Thomas Farrell (also known as John Farrell) became a Police Magistrate in Castlemaine by 1853. Farrell moved to Ballarat in 1854 and worked at the Eureka hotel. He was arrested along with James Bentley, his wife Catherine and hotel servant William Hance for the murder of James Scobie. Initially, the aforementioned were all released due to lack of evidence, however, a witness later appeared providing enough evidence to have all four persons retried for the murder of James Scobie. Farrell, Hance and J. Bentley were all sentenced to serve 3 years of hard labour.

John Foster
Born in Dublin to a Tory Member of Parliament, Foster studied at Trinity College, and emigrated to Australia in 1841. Here he farmed for several years, together with a cousin, before returning to Ireland to be married in 1850. Three years later he returned to Melbourne as Colonial Secretary under La Trobe, serving as Acting Governor between La Trobe's departure and Hotham's arrival in June 1854. Foster's role was to advise Hotham during the Eureka crisis, and the advice he gave was informed by his fear of violence. Despite the fact that he and Hotham did not get along, as a dutiful young man Foster stood up for Hotham in public and took much of the criticism over the government's handling of the matter. For reasons that still remain unclear, the young Colonial Secretary resigned a week after Eureka and left for England a few years later. We are unsure of Foster's exact opinions about Eureka, but we do know he had little influence over his superior throughout their time together. This, as much as anything else, is likely to have prompted his resignation.

Henry Goodenough
Police trooper Henry Goodenough played an integral role in the events leading to the Eureka Stockade. Assigned as an agent provocateur he had infiltrated the stockade as a digger and attended all the meetings and apparently had urged the diggers to take a more aggressive approach in reaching their objectives. His reports on the diggers' activities were somewhat embellished and his role in the State Treason Trials meant that he was extensively used by the government as their most effective prosecution witness.

Timothy Hayes
Hayes migrated from Ireland with a wife and children in late 1852, and was soon at work as a digger in Ballarat, where it is believed he shared a claim with Peter Lalor. He came to prominence in the Ballarat Reform League after the Eureka hotel's destruction, acting as chairman and one of the most forceful speakers. Arrested after the attack on the Stockade, he was tried for High Treason but acquitted in March. Hayes was a tall, round man with, it appears, a strong sense of his Irish and Catholic roots. The background of the previous decade in Erin, with a million dead from the Famine and the suppression of the Young Ireland movement would not have given him much sympathy for British authority.

Sir Charles Hotham
Hotham was a well-connected man who entered the navy in 1818 and was rapidly promoted. Various achievements in South America in the 1840s led to a knighthood, and he was appointed, against his will, as La Trobe's replacement as Lieutenant Governor of Victoria, a post he took up in June 1854. At this point, Hotham found himself in a difficult situation, with massive debt and an untrustworthy bureaucracy. His handling of the crisis at Ballarat did not, overall, gain him credit, and he was bitterly disappointed by the failure to convict those accused of treason in February and March. He applied for a return to Britain in late 1855, but died in December before it was granted. Hotham is an interesting character. His attitude towards the miners was heavily influenced by the positive reception he received in August. He did not trust his subordinates, and was reluctant to discuss policy with them. He was also notoriously inflexible, very unwilling to alter a decision or to compromise a policy or law. Overall, Hotham appears to have been an ideal colonial administrator, but a less-than-adept politician. Both the stengths and weaknesses of his rigid character were on very public display throughout late 1854.

John Basson Humffray
Born the son of a weaver in south Wales, Humffray was early destined for a minor legal career, but abandoned his studies to go to Australia. He arrived in late 1853, and was soon at Ballarat. His time in Ballarat was spent largely in agitation on behalf of the diggers, editing a newspaper (The Leader), and demonstrating his more sophisticated political and intellectual background. Humffray was active in the Reform League upon its foundation, but by late November had sidelined himself amidst distrust from the more aggressive diggers. After the Stockade, Humffray went into hiding, eventually emerging to be elected to the Legislative Council in late 1855. He continued to represent the mining interest at Ballarat for many years. Humffray was strongly influenced by Chartist ideas in his youth, but his most obvious characteristic at Eureka was his distaste for physical force, whether used by or against authority. His Welsh background and legal education combined to make him eloquent (hence his inclusion in the delegation to Hotham), but the increasing likelihood of the use of deadly force on both sides left him by the wayside as the fateful day approached.

John Joseph
An African American who hailed from New York, John Joseph was the only US citizen to be tried in the State Treason Trials in February 1855, he was also the first of the thirteen prisoners to be tried for treason and then acquitted over his involvement in the battle at the Eureka Stockade.

Peter Lalor
Lalor's role at Eureka comes as no surprise when we consider his family background. The youngest of a family of eleven, he was the son of Patrick Lalor, a middling tenant farmer and anti-tithe Member of Parliament for Queen's County in the 1830s. An elder brother of his was also involved in the abortive Young Ireland uprising in 1848, and died soon after leaving prison. Peter Lalor and his brother Richard emigrated to Australia in 1852, and while Richard soon returned, Peter moved on to Ballarat to stake a claim. Lalor was a relatively unobtrusive figure on the goldfields, but was upset over the Scobie affair and joined the Ballarat Reform League. He only emerged to prominence at the end of November by his speaking, and was the leader at the Stockade, representing those too aggressive for Humffray's moral force stance. Wounded in the attack, he was smuggled out and treated, eventually having his arm amputated. Later, Lalor emerged to be elected to the Legislative Council and enjoyed a long Parliamentary career, culminating in his appointment as Speaker in 1880. Still a young man in 1854, Lalor is described as tall, well proportioned and good-looking. His character seems to have been relatively straightforward and determined; a courageous man who would give passion and commitment to a cause once it had won him over.

Andrew McIntyre
On the day of the destruction of the Eureka hotel, McIntyre was seen by a policeman to have thrown a lighted piece of cloth into the building, however he was also spotted trying to salvage some of the hotel property. Nonetheless McIntyre was arrested for rioting and pulling down a building; his sentence was a three-month term of imprisonment.

John Manning
The second of thirteen prisoners to be acquitted over their involvement at the Eureka Stockade. Manning, an Irishman and a journalist for the Ballarat Times had his trial heard on the 26 February 1855 before Chief Justice A'Beckett in Melbourne.

William Molloy
Arrested over his alleged involvement in the Eureka Stockade, Molloy was charged with high treason and his case heard in front of Judge Redmond Barry on 26 March 1855. As in the case of the other twelve defendants in the State Treason Trials, Molloy was found not guilty and was acquitted of all charges.

Sir Robert Nickle
The son of a soldier, Nickle served throughout the latter part of the Napoleonic Wars, including in the Peninsula. His military career continued afterwards, and in 1853 he was appointed Major General, commanding the troops throughout the Australian colonies. He arrived in Melbourne shortly after Hotham, in August 1854, and sent reinforcements to Ballarat as the situation deteriorated. He himself arrived at the town on 5 December, and recommended martial law be imposed, though he soon returned to Melbourne. He became ill in the new year, and died in May 1855.

Captain Charles Pasley
The son of a general, Pasley was a born military man. He trained as an engineer, and came out to Australia in that capacity. He was quickly appointed to the post of Colonial Engineer, and not too long after was elevated to the Legislative Council. In his role as a captain in the Royal Engineers, he was sent to Ballarat and acted as Captain Thomas' second in charge. Pasley was involved in planning the attack on the Eureka Stockade. He was something of a public figure in later life.

John Phelan
Tried on the 26 March 1855 as part of the State Treason Trials, John Phelan was seen armed within the stockade on the day of the battle. Phelan along with the other twelve state prisoners was acquitted of the charge of high treason.

Robert Rede
Rede was the son of a naval officer of some status, and studied medicine before giving it up to see Europe. He arrived in Melbourne in 1851, and dug for gold at Bendigo before joining the Goldfields Commission. In May 1854, he took up his post as Resident Commissioner for Ballarat. Humiliated at the burning of the Eureka hotel, Rede took a firm stance in the weeks that followed, urging decisive action against the diggers. His unpopularity led to his removal after the Stockade, and he spent much of the rest of his life in government employ. Rede returned to Ballarat in 1868 as Sheriff, and officiated in this role at Ned Kelly's hanging in 1880. He is described as a thickset man with a large moustache. He appears to have been a very definite character, and his injured pride after the burning of Bentley's hotel was important in his harsh and inflexible policy during the period leading up to the Stockade.

Henry Reed
Although evidence had been presented earlier that Reed was present at the Stockade, he was arrested the day after near the Roman Catholic chapel. He was later tried on 25 March 1855 in the State Treason Trials but was found not guilty of the charge of high treason.

James Scobie
A Scottish digger who was murdered on the 7 October 1854 near the Eureka hotel. The inquest held on the same day cleared Bentley, Hance and Farrell of any wrongdoing, much to the outrage of the diggers. Scobie's death in many ways was a catalyst for the events leading directly to the Eureka Stockade. A crowd of diggers assembled outside the Bentley hotel in protest and a riot eventually ensued which led to the destruction of the hotel. After new evidence was presented Bentley, Hance and Farrell were sentenced to 3 years hard labour.

Henry Seekamp
Little is known about Seekamp's background before his arrival in Australia, and he first comes to prominence editing the Ballarat Times, which appeared in March 1854. He was fiercely pro-digger, and lambasted the government and especially the police over the license hunts and the Scobie murder. After the Stockade, Seekamp was charged with sedition, and sentenced to six months prison. He sold the Ballarat Times in 1856, and is thought to have then gone to Queensland.

Father Patrick Smyth
Born in County Mayo, Smyth was trained at Maynooth and ordained as a priest in 1852, whereupon he went to Australia. He came to Ballarat as a parish priest early in 1854, and ministered to his mainly Irish flock. In October, Smyth was at the centre of an incident in which his servant was ill-treated and fined for not having a License, an incident which inflamed Catholic feeling. As the crisis developed, Father Smyth was active in trying to calm down feelings on both sides, actively communicating both with the diggers and with Hotham. After the Stockade, he took care of the wounded, including Peter Lalor, and gave character references for many of the men charged with treason. Smyth left Ballarat in 1856 to go to Sydney, and died there of tuberculosis. Father Smyth had a reputation as a peaceful, concerned man, well liked across the goldfields and a leader of the Irish community. His efforts to avoid bloodshed, though unsuccessful, were in the best traditions of the priesthood.

Jacob Sorenson (Sorensen)
A heavily tattooed Scotsman, Jacob Sorenson was one of the thirteen prisoners tried for high treason in the State Treason Trials of 1855. Tried on 26 March he was found not guilty and acquitted.

Captain John Thomas
Thomas went to Sandhurst, and fought with some distinction in Afghanistan in the early 1840s. His regiment was transferred to Australia, and by 1854 Thomas was serving at Ballarat. His role in the attack on the Stockade, and his restrained attitude in the aftermath, led to his promotion, and he eventually reached the dizzy heights of Major General and a knighthood before retirement.

Michael Tuohy
A native of Scariff in County Clare Ireland, Tuohy was one of many Irishman involved in the revolt of 3 December . Along with James Beattie, Tuohy had his case heard in front of Judge Redmond Barry and was found not guilty and was subsequently acquitted on 23 March 1855.

Jan Vennick
The colourful Dutchman known for his piercing was one of the thirteen men arrested and tried for high treason for taking part in the Eureka stockade. Jan was acquitted on 22 March 1855.

Frederick Vern
Of uncertain, but probably German background, Vern arrived in Australia in the early 1850s and was soon working in Ballarat. Active in the diggers' agitation throughout the last months of 1854, Vern was known as one of the most aggressive speakers. His actions during the Stockade are uncertain: Carboni claimed he ran away. Despite being wanted, he was not tried for treason, and soon left Australia.

Henry Westerby
A forty-year-old labourer also known as Yorkey, Westerby was arrested for his involvement in the burning of Bentley's hotel along with McIntyre and Fletcher. Eventually all three were convicted of rioting and pulling down a dwelling house. Westerby was sentenced to be imprisoned for a period of 6 calender months. Thomas Fletcher singled out amongst the many that had converged that afternoon. Fletcher, a printer by trade, along with McIntyre and Westerby, was arrested for his involvement in the destruction of the Eureka hotel. He was sentenced to 4 months imprisonment.


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This page last updated: 6 May 2003

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