“EUREKA - THE ATTACK ON THE STOCKADE AND THE EVENTS LEADING TO IT" by Peter Butters Part 10: Martial Law On Monday 4 December 1854, the Government issued a proclamation placing the 'district of Buninyong under martial law. On the same day, in the afternoon, an extraordinary 'Gazette' was issued, calling on 'all true subjects of the Queen, and all strangers who have received hospitality and protection under her flag to enrol themselves, and be prepared to assemble at such places as may be appointed by the civic authorities in Melbourne and Geelong, and by magistrates in the several towns of the colony.' Tempers were at fever pitch and historian Withers recorded - 6th December - The district is placed under martial law, and in obedience to a General Order, the inhabitants have brought in a large quantity of fire-arms..... 9th December - The general attended to-day at a tent specially erected on the flat below the Camp, to swear in special constables, but with as I believe, one solitary exception, no one came forward to support the Government, and the object failed. Nevertheless, the handful of persons assembled heartily cheered for the British army. A public meeting was addressed by Nickle and martial law was repealed. The Melbourne 'Herald' on 8 December reported -'The martial law administered by Sir R. Nickle is about as far superior to the Commissioner's law, under which we have been so long laboring, as it is possible for anything human to be. Had Sir R. Nickle arrived here a few days before, the bloodshed of last Sunday would have been avoided.' It was also the time of departures as Rede was dismissed and after a public meeting in Melbourne the resignation of Colonial Secretary Foster was called for, and it was announced by Governor Hotham the following day. Licence hunts were suspended on the 7 December when Hotham announced the Royal Commission of Inquiry into the Administration of the Gold Fields. Of the 125 diggers taken to the Camp after the attack only thirteen were committed for trial in Melbourne on a charge of High Treason. The choice of the diggers charged appeared to be indiscriminate, and of those Carboni and Hayes were not even within the Stockade at the time. Rewards were offered for the leaders of the insurgents. Vern, a Hanovarian by birth, The Commander in Chief of the 'forces of the Republic of Victoria', escaped and a reward of 500 pounds was offered for his apprehension. .....The authorities were under the impression that Vern was the insurgent leader, and as Vern, and Lalor and Black , the ' minister for war ' escaped the grip of the assaulting force, rewards were offered for their apprehension. For Vern as the presumed chief, 500 pounds were offered, and for Lalor and Black 200 pounds each. None of them were arrested. Black was not present at the affair of the 3rd and Lalor had been severely wounded, and was supposed at first to be dead. Later in December the loss of a well liked member of the military was recorded. The young military Captain of the 40th Regiment, Henry Christopher Wise, who was popular on the diggings was dangerously wounded during the encounter when shot by a German digger. He received a flesh wound on his right thigh, a gun-shot wound thro' head of tibia & fibula and died at 5am on 21 December 1854, aged 26 years. The 'Argus' reported, 'I am very sorry to have to record the death of Captain Wise, which took place this morning. This event has cecated[sic] a most painful sensation among the deceased's fellow officers, by whom, as by his men, Captain Wise was held in the highest esteem and affection. The wound from which this young officer has died did not appear a dangerous one, and it was not till within forty eight hours of his death that unfavourable symptoms appeared. During that period he rapidly sank. His death is another sad illustration of the evils which result from intestine disturbance. I hope it may be the last fatal result of the sad Sabbath morn ....' Wise must have had knowledge of his impending demise as he expressed a wish that Sir Charles Hotham should be consulted as to the place and mode of his interment. Captain Wise was a general favourite with the people and led 106 men of the 40th Regiment which together with 39 mounted police, came up from Geelong. He ordered his men to dismount and to march to the camp with fixed bayonets. In the stockade attack a small group of 40 of the 40th Regiment, on foot and led by Wise, went straight to the stockade on its northern side, or more appropriately, its back. Captain Wise, with Lieutenants Bowdler & Richards led the attacking party. In a despatch by Deputy Adjutant-General Macarthur we read of Captain Wise that 'his remains are to be buried with the honors due to his rank, in the graveyard at Ballarat Gold-field, beside those of the three other meritorious soldiers which lie there interred.' On 22 December Captain Wise 'was buried this day with military honors. Since the time when his death became known, many flags throughout the diggings were lowered half-mast out of respect to this officer, who had been stationed here previously, in command of the enrolled pensioners, and was a general favorite with the people..' Captain Thomas reported, I cannot omit from my despatch the expression of my deep regret at the dangerous wound received by Captain Wise, of the 40th Regiment, who remaining at his post after getting a slight wound, fell on the inside of the entrenchment when conspicuously leading his Company to the attack...'..... the gallant young Captain, who was a great favourite with the regiment was as already stated, brought down by a bullet through his leg, just as he jumped over the Stockade fence, sword in hand. With difficulty he struggled to his feet, and calling his men to follow, dashed into the thick of the fray. A minute later, another bullet from a close range, smashed his kneecap, and this, added to the loss of blood he had already sustained, entirely disabled him, and he was carried to the rear. He lingered for three weeks, enduring much suffering, with great fortitude. Surgical aid was unable to avert the end, and he died at Ballarat on the 21st December ... the whole of the forces, civil and military, then at Ballarat, besides a large concourse of the miners and other inhabitants assembled to follow him to the grave. ' William Westgarth described the scene, 'The day was hot and dusty as the cortege moved along to the place of burial, a slightly rising ground nearly a mile from the township. This rural cemetery was still wild and open, no fence having as yet been placed around it, for even this is an expensive process at a gold field. But some excuse appeared for this apparent negligence, for the ground had evidently been but recently devoted to its present purpose, as the small number of graves amongst a large population indicated.' The writers were referring to what has become known as the Old Cemetery in Creswick Road.