Judica Me Deus, Et Discarne Causam Meam De Gente Non Sancta;
Ab Homine Iniquo Et Doloso Erue Me.
SUPREME COURT
Melbourne, Victoria, Australia Felix,
Wednesday, March 21st, 1855.
(Before his Honour Mr. Justice Barry.)
MY STATE TRIAL His HONOUR took his seat shortly after ten o'clock.
The prisoner, that is myself, was placed in the dock, and the following
Jury sworn (after the usual challenging):-
PHILLIP BRAGG, Gore-street, Farmer,
ALEXANDER BARTHOLOMEW, Brighton-road, Joiner,
JAMES BLACK, Greville-street, Butcher,
CHARLES BUTT, Lennox-street, Carpenter,
THOMAS BELL, Lennox-street, Carpenter,
FREDERICK BAINES, Richmond-road, Painter,
CHARLES BELFORD, Kew, Gardener,
WILLIAM BROADHURST, Wellington-street, Grocer,
JOSEPH BERRY, Hawthorne, Farmer,
DAVID BOYLE, Kew, Gardener,
WILLIAM BARNETT, Heidelberg, Gardener,
JOHN BATES, Rowena-street, Baker.
'Brava gente. Dio vi benedica. Mio Fratello desidera veder ciascuno
di Voi, nella nostra Bella Itallia.'
For the first time in my life (37 years old), I was placed in a felon's
dock, and before a British jury.
The first glance I gave to the foreman made me all serene. I was sure
that the right man was in the right place.
JAMES MACPHERSON GRANT, my attorney for the defence, was 'all there.'
RICHARD DAVIS IRELAND, barrister, my counsel, was heavy with thunder.
Thick, sound, robust, round-headed as he is, the glance of his eyes is
irresistible. A pair of bushy whiskers frame in such a shrewd forehead,
astute nose, thundering mouth; that one had better keep at a respectful
distance from drakes. His whole head and strong-built frame tell that he
is ready to settle at once with anybody; either with the tongue or with
the fist. His eloquence savours pretty strongly of Daniel O'Connell,
and is flavoured with colonial pepper; hence Mr. Ireland will always
exercise a potent spell over a jury. If he were the Attorney-General,
the colony would breath freer from knaves, rogues, and vagabonds. The
'sweeps,' especially, could not possibly prosper with Ireland's pepper.
According to promise, another lawyer, a man of flesh, had to be present:
but, as he was not there, so he is not here.
Mr. ASPINALL, barrister, totally unknown to me before, volunteered his
services as my counsel to assist Mr. Ireland.
'In memoria eterna manet amicus' BUTLER COLE ASPINALL. The print of
generous frankness in your forehead, of benevolence in your eyes, of
having no-two-ways in your nose, of sincere boldness in your mouth;
your height, fine complexion, noble deportment, indicate in you the
gentleman and the scholar. If now and then you fumble among papers,
whilst addressing the jury, that is perhaps for fear it should be observed
that you have no beard; in order that proper attention may be paid to your
learning, which is that of a grey-headed man; and though it may be said,
that the Eureka Stockade was hoggledy enough, yet your pop, pop, pop, was
also doggledy.
You know a tree by its fruits; and so you may know, if you like, the
Attorney-General by his High-Treason Indictment. I have not the patience
to go through it a second time. There are too many Fosters, fostering and
festering in this Victorian land.
JUDGE BARRY presided; a man of the old-gentleman John Bull's stamp.
Nothing in his face of the cast of a Jefferies. He can manage his temper,
even among the vexations of law.
His Honour addressed me always with kindness. If he shampooed his
summing-up, with parson's solemnity, indicating not little
self-congratulation, His Honour had reason to be proud of the following
remarks, which I here record for that purpose:-
"They had been told (said His Honour to the jury), that the
prisoner in the dock had come sixteen thousand miles to
get off from the Austrian rule--from the land of tyranny
to that of liberty; and so he had, in the truest sense of
the word, and that liberty which he enjoyed imposed upon
him a local respect for Her Majesty, and a respect for her
laws. He had the privilege of being tried by a jury, who
would form their verdict solely from the facts adduced
on the trial."
A fair hint; equal to saying, that under the British flag I was not going
to be tried before the Holy (read, Infernal) Inquisition.