Cross examined by Mr. Ireland:-- "Never saw the man before this; he was running in company with two other men; it was very early in the morning; it was some time after the stockade was taken that he was arrested; the firing then had not wholly ceased."

Private DON-SYN-GORE, drilled by sergeant HAG.

Trooper CON(S)CRIT-BAD-DOG, mobbed by Bob-tulip.

The pair of you are far below the ebb of our Neopolitan Lazzaroni!

Why did you not consult with spy Goodenough?

This having closed the case for the Crown, the Court adjourned at half-past two.

Chapter Lx.x.xVII.

Viri Probi, Spes Mea In Vobis; Nam Fides Nostra In Deo Optimo Maximo.

To be serious. I am a Catholic, born of an old Roman family, whose honour never was questioned; I hereby a.s.sert before G.o.d and man, that previous to my being under arrest at the Camp, I never had seen the face of 1, Gore, 2, Synnot, 3, Donnelly, 4, Concritt, 5, Dogherty, 6, Badc.o.c.k, 7, Hagartey, and 8, Tully.

I CHALLENGE CONTRADICTION from any 'bona fide' digger, who was present at the stockade during the ma.s.sacre on the morning of December 3rd, 1854.

As a man of education and therefore a member of the Republic of Letters, I hereby express the hope that the Press throughout the whole of Australia will open their columns to any bona fide contradiction to my solemn a.s.sertions above. I cannot possibly say anything more on such a sad subject.

Chapter Lx.x.xVIII.

Sunt Leges: Vis Ultima Lex: Tunc Aut Libertas Aut Servitudo; Mors Enim Benedicta.

On the rea.s.sembling of the Court, at three o'clock, Mr. Ireland rose to address the Jury for the defence.

The learned Counsel spent a heap of dry yabber-yabber on the law of high-treason, to show its absurdity and how its interpretation had ever proved a vexation even to lawyers, then he tackled with some more tangible solids. The British law, the boast of 'urbis et orbis terrarum', delivered a traitor to be practised upon by a sanguinary Jack Ketch:--I., to hang the beggar until he be dead, dead, dead; II., then to chop the carcase in quarters; III., never mind the stench, each piece of the treacherous flesh must remain stuck up at the top of each gate of the town, there to dry in spite of occasional pecking from crows and vultures. The whole performance to impress the young generation with the fear of G.o.d and teach them to honour the King.

I soon reconciled myself to my lot, and remembering my younger days at school, I argued thus:--

Where there are no bricks, there are no walls: but, walls are required to enclose the gates; therefore, in Ballaarat there are no gates.

Corolarium--How the deuce can they hang up my hind-quarters on the gates of Ballaarat Township? Hence, Toorak must possess a craft which pa.s.ses all understanding of Traitors.

The jury, however, appeared frightened at this powerful thundering from Mr. Ireland, who now began to turn the law towards a respectable and more congenial quarter, and proved, that if the prisoner at the bar had burnt down all the brothels not kept on the sly in Her Majesty's dominions, he would be a Traitor; yet, if he had left one single brothel standing--say, in the Sandwich Islands--for the accommodation of any of Her Majesty's well-affected subjects, then the high treason was not high--high enough and up to the mark, that is, my fore-quarter could not be legally stuck up on the imaginary gates of Ballaarat.

His Honour appeared to me, to a.s.sent to the line of argument of the Learned Counsel, who concluded a very lengthy but most able address, by calling on the jury to put an end by their verdict to the continued incarceration of the man, and to teach the government that they could not escape from the responsibilities they had incurred by their folly, by trying to obtain a verdict, which would brand the subjects of Her Majesty in this Colony with disloyalty.

The jury now appeared to me to be ready to let the high traitor go his way in bodily integrity.

Mr. ASPINALL then rose to address the jury on behalf of the prisoner.

His speech was spirited, cutting, withering; but could only cover the falsehood, and NOT bring to light the truth: hence to record his speech here cannot possibly serve the purpose of this Book: hence the four doc.u.ments, and my important observation on them in the following chapter.

Chapter Lx.x.xIX.

Melior Nunc Lingua Favere.

Doc.u.ment I.

SUPREME COURT (Before his Honour the Chief Justice,)

"The prisoner, Raffaello, on his trial being postponed, wished to address His Honour. He said that he was a native of Rome, and hoped that the same good feeling would be shown towards him in this colony as in old England.

If his witnesses were there, he would be able to leave the dock at that moment. He hoped that His Honour would protect him by seeing that his witnesses were served with subpoenas.

"His Honour was not responsible for this. Prisoner's attorney was the party, and he must speak to him. It is the business of your attorney to get these witnesses."

The following advertis.e.m.e.nt appeared in 'The Age', February 24th, 1855, immediately above the leading article of said day:-

Doc.u.ment II.

State Trials.

"The trial of Raffaello has been postponed on account of the absence of Dr. Alfred Carr, Mr. Gordon, of the store of Gordon and M`Callum, and other witnesses for the defence. It is earnestly requested that they will be in attendance on Monday morning at latest.

"J. MACPHERSON GRANT, "Solicitor for the defence."

The following letter, and comment on it, appeared in 'The Age', March 16th, 1855:-

Doc.u.ment III.

..."I was, Mr. Editor, present at Ballaarat on the memorable morning of the 3rd December, and in the pursuit of my usual avocation, happened to meet Raffaello, now one of the state prisoners, on the Redhill, he being then in search of Dr. Carr's hospital... We were directed the hospital, and soon returned to the Eureka, Raffaello bringing Dr. Carr's surgical instruments. We entered the stockade, and saw many lying almost dead for want of a.s.sistance and from loss of blood, caused by gun-shot and bayonet wounds. I did not remain long in the stockade, fearing if found there at that time I would be arrested. I made my escape; but poor Raffaello, who remained rendering an act of mercy to the dying, would not leave.

He might, during that time, have easily made his escape, if he wished to do so; and I am sure, ran no inconsiderable risk of being shot, through the constant explosion of fire-arms left in the stockade by the diggers in their retreat.

"J.B."

"Melbourne, 15th March, 1854.