“EUREKA - THE ATTACK ON THE STOCKADE AND THE EVENTS LEADING TO IT" by Peter Butters Part 3: The Flames that Ignited Eureka The Ballarat 'Times' noted 'The events transpiring at Ballarat are so interesting and so extraordinary that we shall endeavour to record them as fully and as faithfully as possible : not allowing our own private feelings or convictions to carry us away from our duty as the faithful chronicle of Ballarat, or bias us to one side or the other.' The paper had high expectations. 'As this number of the 'Times' will be the most interesting that has hitherto appeared, and as copies will be circulated from one end of the world to the other ( for are there not men of every nation and clime congregated in Ballarat, who send it to their friends and relations at home 'the paper,' published in the place where they expect to make that competency which shall carry them home again with enough to make the future of their lives pass less roughly than of yore.)' The paper gave a resume of events and in relation to the fire commented, 'all the available force of police and mounted troopers were on guard at the Hotel, and made a very injudicious display of their strength. Not only did they follow, but ride through the crowd of people at the meeting ; and it is to this display of their strength we attribute the fire and other outbursts and works of indignation.' The report then entered the field of philosophy. 'The people are not to be terrified like children especially men who have stood the working of a Canadian or gravel Pits shicer. Such men scorn danger in any form. They have seen the earth when at the depth of a hundred and fifty feet below the surface, move and tumble in : they have stood the risk of being buried alive underneath, and will such men tremble at the sight of a cap trimmed with silver or gold lace? Not they. They shall not as long as we can wield a pen to show them their majesty and might when united'. And so to the fire. 'The crowd was, as we said before, excessively irritated at seeing the large display of police force and began to shout and yell : presently a stone came from the mass, and, passing near the head of one of the officials, broke a pane of glass in one of the windows of the hotel. The sound of the falling glass appeared to act like magic on the multitude, and bottles, stones, sticks, and other missiles were speedily put in requisition to demolish the windows until not a single pane was left entire, whilst every one that was broken drew a cheer from the crowd. The police all this time we riding round and round the hotel, but did not take any vigorous measures to deter the people from the sport they appeared to enjoy so much - the crowd advanced nearer - near enough to use sticks to beat in the casements - they make an entrance, and in a moment furniture, wearing apparel, bedding, drapery are tossed out of the windows: curtains, sheets, &c. are thrown in the air frightening the horses of the troopers, who have enough to do to keep their saddles: the weatherboards are ripped off the side of the house and spent spinning in the air. A real Californian takes particular delight in smashing the crockery.' The report recorded that Resident Commissioner Rede arrived and tried to pacify the people by 'speechifying', gesticulating to the crowd from a sill where a window once stood, and being the target of a poorly aimed egg. Commissioner Amos mounted the sill and was favourably heard, being cheered by the diggers but a long piece of calico thrown out of one of the windows was carried by the wind over the heads of the multitude, and a cry of 'fire' was raised and smoke was seen to issue from one of the ground floor rooms. The police extinguished it and an attempt was made to form a cordon around the building, but it was too late, and whilst most were around the front of the hotel a few began demolishing the rear. The 40th Regiment were sent for, but it was too late, however upon their arrival they formed a line in front of the hotel, with swords drawn. The Bowling Alley was now alight and the police endeavoured to extinguish the fire but it was too warm, and the rear of the hotel was now also burning. The soldiers returned to the Camp. The fire spread to Linquist's Auction Mart, the butcher's stall, and the tent opposite, and the roof of the back of the hotel fell in. The report continued, 'Bottles are handed out burning hot ; the necks of two bottles are knocked together! and the men cut their lips by drinking out of the broken bottles. Look out! The roof, sides, all fall in! An enormous mass of flame and smoke arises with a roaring sound, sparks are carried far, far into the air, and what was once the Eureka Hotel, is now a mass of burning embers. The majority of the crowd disperses.' The entire diggings was now in a state of extreme excitement and the authorities at the Camp feared a nocturnal visit. 'The diggers are lords and masters of Ballarat, and the prestige of the Camp is gone forever.' quotes the 'Times'. Elsewhere it added,'The Camp was under arms during the whole of last night, as it was seriously believed an attack would be made in the night time by the miners.' In another report, and a hint to the future, the 'Times' remarked, 'We have never witnessed a more terrible demonstration of popular feeling - never seen an instance when the offended Majesty of a Sovereign people was so powerfully, so tangibly asserted, as on yesterday afternoon at the Eureka Hotel. By this one instance of popular wrath, the Government may see what an offended people could, would, and may do.' The Ballarat Correspondent to the 'Argus' said that the first proceedings against the hotel 'were of a very simple nature, gravel being 'chucked' at the windows, but after a few panes of glass were broken the appetite for destruction seemed to increase, and a shower of stones, bottles, and billets of wood, was kept up on the building till every window was broken.' He continued, and the latter part of his report contained details which illustrate the morals of the crowd. 'A black fellow being detected stealing a ball belonging to the bowling alley was severely punished, and the ball thrown into the flames. The horses were taken out of the stable, and the sheep and pigs out of the yard. The stable was then fired. Meanwhile in the main building the furniture was being completely destroyed. Several members of the establishment endeavoured to save some articles by throwing them out the window, and carrying them aside, but they were all afterwards destroyed by the fire. The property of the servants was however, respected, and carried to a place of safety. The instruments of the musicians, including a pianoforte, were saved. The liquor in the bar was run off and wasted, without any attempt to use it. When the main building was nearly consumed, a striking sight was presented. The weather-boarding and shingles of the roof, being thin and perishable, disappeared first, leaving the joists and ridge-pole glowing vividly in the sky. To the onlookers at a distance it seemed for a few moments like ribs of fire supporting a fiery keel. Several tents and stores on the opposite side of the road caught fire, and were consumed. A fine new ballroom, running at right angles to the main building of the hotel also caught fire, and burned slowly, the flames in this case creeping against the wind. While the ruins of the other buildings were smouldering, the mob tore up the fence and threw it into the flames. A dray and shay[sic] cart were also run into the flames. It being stated that the latter did not belong to Mr Bentley, it was at some risk rescued ; but on further enquiry it was ascertained to be his property, and immediately run into the burning mass and totally consumed.' About two hours after the first appearance of fire all that remained were glowing embers and dismantled chimneys, and 'the drunken revelry of the rabble. The hot ashes were ransacked for bottles of ale and spirits...' Gilbert Andrew Amos, the Gold Commissioner, gave evidence to the later held Select Committee with respect to his involvement. He said that he was in Charge of the Eureka District subdivision of the Ballaarat District and that his camp was situated nearly a quarter of a mile from Bentley's hotel, which you could see with the aid of a telescope. Amos addressed the diggers at Bentley's hotel before the riot, and estimated the crowd in front of the hotel to be about 4000 persons. A fire broke out ....'the miners not contented with the sure process of fire, were also hurling huge pieces of quartz into the bar, which was very well fitted up, the furniture being very good : there was a handsome chandelier, and all together it was well fitted up. I endeavoured to stop this, and exposed myself in front of the bar, till four miners took hold of me, and carried me bodily away. They said they did not wish to hurt me, nor any other person, but they were determined to destroy the hotel. The number of available police could not have come to fifty, and the number in the mob was 4000..' So far as he could remember, in the course of about twenty minutes from the actual firing of the hotel the military were placed in the front approaches to the hotel, in the front rooms, and encircled the hotel as far as their number would admit. Had the people supported them at all, that would have had the effect of stopping the fire, for the simple reason, that the fire was put out several times during the time they were there, in some places, but set fire to in others. The military were a small body, not above eighty at the extreme, and through their ranks men passed between and added fresh fuel to the fire, and they took parts that were blazing from one place and put them to another. One man he saw run up to a soldier and wrest his musket out of his hand. Amos put out a great many fires himself, but as fast as they were put out they were again lighted although he recollected buildings nearby were saved. He assisted a woman, who was in the pains of labour and whom he thought was dying at the time, and whose house was entirely gutted, by carrying her and the children to safety as the house was burning. Maurice Frederick Ximenes, Sub-Inspector of Police also gave evidence regarding the Riot at Ballarat. He was present at the examination of witnesses on the charge preferred against Bentley on 12 October and at the destruction of the Eureka hotel on 17 October. 'At ten o'clock on that morning I was sent for by Captain Evans, to proceed to the Eureka hotel with a party of police, to protect the property of Mr Bentley. The mob having shown a considerable feeling upon the dismissal of the charge against Bentley, the magistrates having been hissed in court when the decision was given; a meeting took place, at which some thousand people attended, near the Eureka hotel, near the spot where the body of the murdered man was found. I was told by Mr Evans that the police were not to go armed otherwise than with their staves. I concealed the men in the house, in order to avoid any display, showers of stones were thrown, and the window smashed... missiles were thrown, and shortly after the back of the premises were fired...' He kept his men out of sight within the hotel until the mob tried to get in, and he then brought them downstairs. He lent Bentley his horse to make a getaway, as he feared he may be lynched. Carboni recounted that the fire broke out first at the lower end of the bowling alley, and the tarpoling was gradually blazing. Yet there was time to save the main building and new buildings in course of erection. 'But the Commissioner who had accelerated the fury of the Destroyers to the fever heat by his bravadoes, now remained in the 'Status quo', that is in the fix of doing nothing......At first cry of fire thousands and thousands, were pulling down in right earnest the pailing on all sides of the Building, at the other end of which, parallel with the burning bowling Alley, there was another long Building in course of erection as Billiard and Concert Rooms, there was an immense quantity of 'shavings' and loose wood. All on a sudden all these combustibles were heaped and set fire to! Now, the main building of the hotel was on the upper part of these two great long alleys, and exactly windwards, a most violent gale blowing at the time!!! I shall recollect all my life that fearful spectacle of destruction! In less than some 15 or 20 minutes 20,000 pounds worth of property was irreparably lost among the wild shouts of the assembled multitude, shouts that did smother many a wild tear of despair from poor Servants and labourers of the hotel who lost their wages and their all in one moment. All the tents and buildings round the hotel, shared the same fate.' The 'ARGUS' reported, 'About half-past two or three o'clock in the afternoon, and when the crowd had increased to about 8,000 or 10,000, a man carried an armful of paper and rags to the windward end of the bowling-alley, and placing them under the calico covering, deliberately struck a match and fired the building in the presence of the military. The cool, resolute manner in which everything was carried on resembled more the proceedings of the "Porteous mob" than of anything of the kind that has occurred since.' Samuel Irwin recounted, ' ..... a youngster, one of the lads who used to wash "headings" from rich claims, in the reckless unthinking spirit of untamed boyhood, threw a stone at the lamp in front of the hotel. The stone struck the lamp and broke the glass. This was the spark which lighted the train. The long suppressed indignation broke forth in one long terrific yell of irresponsible indignation "down with the house, burn it." The demolition of the windows was effected in a moment, and the sound of the crashing glass added still more to the excitement of all present, even of those who either from disinclination for such work, or by reason of the intervening crowd, could not join in it. The house was soon occupied, the people swarming into it by door or window as came most conveniently to hand. Some of the Camp officials who had still managed to keep some faith in their honesty in the popular breast - notably Mr Commissioner Amos, aided by Mr McIntyre, who subsequently was rewarded for having done this, by being arrested for having been an aider and abettor in the riot - tried all their persuasive powers to calm the excited and now well nigh frantic assemblage. It was labour in vain. The long gathering hurricane had burst, and must career until its fury had been spent. In a few minutes the cry was that the rear or side of the premises towards the bowling alley was in flames. And so it was but who caused the fire is among the secrets of that day... just as the military entered Specimen Gully, while the force of the breeze had fashioned the flames from the ridge-board of the yet standing but wholly ignited roof into a fiery coombe or crest, a small black cloud rested over Black Hill, and a few scattered heavy drops of rain fell. Possibly the excitement was so intense that but few noticed the occurrence. The rain drops ceased, the cloud disappeared - the breeze lulled, and with a crash down fell the only yet standing portion of Bentley's hotel.' Historian Willam Kelly wrote, 'Gradually, however, the temper of the crowd warmed up, and the tone of discussion became louder and more vehement. Yet there were no indications of violence - no movement of closer approximation to the doomed premises, until, as one excited speaker, in the course of some strong allusions, pointed directly towards the house, it became evident to all that barricades were being erected inside. This, for the first time caused a slight forward movement, rather for the sake of assurance than attack. But its object being mistaken by the inmates in their nervousness, the front doors were suddenly slammed to, and the yard gate closed. This act being interpreted as a gauge of defiance, was answered by a rush and a shout of vengeance. The first onslaught was a volley of stones, which shivered the glass in the lower and upper stories, but as no opening for entrance resulted, and as the doors and window shutters resisted all efforts to force them, from the solid manner in which they were buttressed up within, a cry arose of 'Fire the damned place!' 'Purify the infernal den with flames!' 'Fire, fire, fire,!' - in the midst of which the whole mounted force of the camp came down at full gallop, followed by the foot police at a run. The cavalry charged the crowd at different points with drawn sabres, making lanes only, which closed up like water in the wake of a ship, and the infantry when they arrived, attempted to form a cordon round the house, but it was too late, one end of it being already in flames, which were quickly beyond the reach of arrest, as the building was of weatherboards. As the conflagration gained ground the police rested on their arms, and a cheer of exultation burst from the crowd, who now became passive spectators, silently regarding the awful roar of demolition as the carrying out of a sentence of just retribution.' Kelly added that the authorities were left to 'bask in the flames which were kindling by their maladministration.' Mrs Catherine Bentley, the wife of James, who was described as a 'young and handsome woman' later claimed compensation for the destruction of her husband's property, by the burning of the Hotel but the claim was rejected. Evidence was given with respect to the burning of the hotel that, '...none of the beer in the hotel's bar was consumed. All the barrels were systematically run off or staved in. 'One fellow got hold of Mrs Bentley's jewellery box, and with an exclamation about the ---- box, pitched it into the flames.' Not until all of Bentley's property had been destroyed did the crowd resolve itself into revelry and disorder...' J.B. Humffray, whose name is indelibly etched into Ballarat's history wrote to the 'Times' regarding proceedings and his concern that the law had been only 'partially administered'. 'What are the circumstances? ... a fellow digger, a fellow man had been barbarously murdered and the public waited with calm resignation for the customary proceedings of law. But what was their surprise and indignation in finding that instead of every effort being made to elicit the truth, and bring to light the guilty parties the reverse is alleged by the majority of the coroner's jurors.' He believed that the magistrates were compelled to have committed the charged parties for trial, and not to have arrogated to themselves the functions of judge and jury. 'A case of life and death demands a fair and impartial administration of the law.' If the rules of justice had been applied 'such a fearful manifestation of public indignation would not have occurred. But those curling flames gave an eloquent and significant warning to the government that it would be wise on its part to pay immediate attention to. The time has arrived when the people must have the full measure of administrative justice: and if they cannot obtain it according to the law they seem determined to take it without law. Justice they have a right to, and must and will have it.' When referring to the burned Eureka hotel he said, 'as now a heap of charcoal - its rafters a bundle of crayons with which to write the black history of crime and colonial misrule.' He added 'The first and most sacred duty of a government is to protect life, the next the making of good laws and impartially administering them. Failing in this, their influence and authority is gone.' Not knowing how prophetic his statement may be, the people, he said, 'ask for justice, not bullets'. Humffray had an amazing insight. 'The Camp authorities must not delude themselves with the idea that the enforcement of arbitrary dictates will be accepted as the administration of justice. The diggers know their rights; they know also they have the power to enforce them, but they are willing to hail them under the banner of 'peace law and order', but have them they must...' He noted as well 'The land question, the license question, and the representative question, are all questions of the moment, and must be satisfactorily answered.' - and answered in the future they would be. The 'Argus' wrote under the banner of THE BALLARAT RIOT. 'A riot, like a revolution, while frequently foreseen by those on the spot, generally takes people at a distance by surprise. Coming so soon after His Excellency's personal testimony to the good order prevailing at the goldfields, the late disgraceful outrage at Ballarat may appear sudden and unaccountable. But a review of the circumstances which led to it will tend to shew that, utterly unjustifiable as it was, something very like it might almost have been expected.' After a resume of the evidence presented the 'Argus' remarked - 'Many men have been sentenced to the gallows on slighter evidence than was here furnished against Bentley. At all events it was a clear case for the jury; but in the face of all he was discharged.' Not everybody revelled at the fire. Appearing as an advertisement in the 'Times' was 'Fire at Eureka! NOTICE TO THE PUBLIC MAURICE LINQUIST Begs to acquaint the Public that in consequence of the FIRE AT EUREKA and the TOTAL DESTRUCTION OF the whole of his Premises, he has been compelled to remove to a new place of business situated near McCrea's Public House and the Circus on the Government Road between the Gravel Pits and the Red Hill.' Hotham had informed Rede to take a strong stance against the diggers if they persisted with their riotous behaviour and assembled for violent and illegal purposes. Police reinforcements arrived and were followed shortly afterwards by another detachment of the 40th Regiment. The administration added to the tension by arresting Andrew McIntyre, Thomas Fletcher and Henry (Yorkie) Westerby for instigating Bentley's hotel burning despite contradictory evidence. At the committal of McIntyre and Fletcher on Saturday 21 October Commissioner Johnson said that bail would not be taken, but the diggers argued that if Bentley could be bailed on a charge of murder, then they could be on a lesser charge. The multitude moved to Bakery Hill for a meeting where some wanted to move to the Camp en masse and destroy it but it was resolved to form a deputation. The report noted 'nothing could exceed the wild frenzy, the commotion, and even the terrible determination that prevailed of proceeding to violence at once'. The Camp was described as being panic stricken, dismayed, and terrified. The deputation proceeded to the Camp and after about an hour's conference bail of 500 pounds each and two sureties each of half that amount were agreed to. A band, provided for the occasion, played in advance of the triumphant people, who began to disperse in an orderly and peaceable manner. A large public meeting was held at 2pm. on 22 October at Bakery Hill 'and the swarming hills gave notice that a monster meeting was immediately to be held'. The diggers were showing their sympathy for McIntyre and Fletcher and decided to subscribe funds for counsel, and to defray the general expenses of trial ; and they had 'unqualified condemnation of the manner in which the laws are enforced at Ballarat'. The meeting was of the opinion that if the laws had been fully and impartially carried out the burning down of Bentley's hotel would not have occurred and they felt that the entire responsibility rested with the Camp officials. At the close of the meeting it was announced that the Committee would meet at the Star Inn, public house, Red Hill Flat, for the purpose of taking down in writing the testimony of McIntyre's witnesses relative to the burning of the hotel. It was found that insufficient money had been subscribed and 'one young gentleman, Mr Vern, came forward and magnanimously offered to lend the Committee the sum of 100 pound, which was gratefully accepted, and the Committee adjourned.' Peter Lalor and Chartist Scottish Catholic Thomas Kennedy stirred up the diggers at a public meeting after Mass. The Diggers' Rights Society was formed at a mass meeting of about ten thousand diggers at Bakery Hill where resolutions were passed deploring the violation of liberty, the corruption of officials and the unacceptable law enforcement at Ballarat. Another meeting was held the following Wednesday to know the result of the deputation to the Ballarat Bench. That meeting wanted a re-hearing of the case and the removal of Commissioner Johnson from Ballarat. Hotham ordered that a magistrate and shorthand writer should be present whenever the diggers come together for political purposes. Dr Alfred Carr, who incurred the wrath of the diggers because of his sympathies towards Bentley and D'Ewes, wrote to the 'Times' expressing his sentiments and was replied to by juror, and later renowned Ballarat citizen, James Russell Thompson, in no uncertain manner, Thompson even being critical of the doctor's grammar. On 23 October the diggers sent a deputation to Rede requesting that the police involved in the Gregorious case be removed. Bentley was re-arrested on the advice of Attorney General Stawell after he had studied the depositions from the Coronial enquiry which had been forwarded by Commissioner Johnston. Bentley's barman had also provided information. On 28 October the 'Times', showing disdain announced, 'The Military - In addition to the detachment of the 40th, for some time here, another detachment of the 12th, newly arrived from England, has also come up last Wednesday. This verdant impastation, parcelled up in red padding, is to vegetate on the hill to the west of the township, commanding a view of the flat, which last summer was used as a cricket ground.' The newspaper also recorded, 'The corruption of every department connected with the government in Ballarat is become so notorious and so barefaced that public indignation is thoroughly aroused..... Amongst other grievances under which the residents on the goldfields are suffering, there are three which ought at once to occupy the earnest attention of the government ; and they are, first, the abolition of the present obnoxious miners' licence ; second, the representation of the mining interests in the councils of the colony ; and third, an unbiased and equitable dispensation of justice. These the miners must have and will have, one way or other, by fair means if possible, by foul if necessary, but have them they will....' Whilst there was corruption amongst the officials punishment was still metered out. William Bitterly, a trooper, in return for being found drunk whilst on patrol, on the night 22 October, was sentenced to three months imprisonment with hard labour. 'The conduct of the American population during the recent disturbances, (at Ballarat) has been most praiseworthy' decreed the Colonial Secretary's Office in Melbourne, and American John Kelly, incarcerated for violation of license laws, was released. By late October the gold field seemed to be returning to normal and on 1 November a Board of Inquiry into Conditions on the Goldfields was set up at Craigs Hotel. However, at a meeting of 5,000 diggers some advocated physical force rather than moral suasion. The Ballarat Correspondent to the Argus reported that a placard had been posted over the diggings advertising an important public meeting to be held on Wednesday 1 November, when the committee would give an account of the proceedings in Geelong re Fletcher and McIntyre's cases. J.B. Humffray, the Secretary, completed the notice with, 'Diggers, be calm but determined, and then, with truth and justice on your side, the knell of the colonial tyranny will be rung'. A report of the meeting noted that Mr Vern, with his earnestness, firm delivery, and command of language breathed 'little but red republicanism'. On 2 November Rede sent forty policemen back to Melbourne and Geelong as their presence was no longer required.