In Bad Company and other stories

Anxious as both husband and wife were to shake the Wagga dust from their feet and get away up the river to their half-deserted home, Bill's Court work was not yet concluded. He was constrained to appear again in the memorable cases of Regina versus Stoate, charged with arson, and the same Gracious Lady (who impersonates Nemesis on so many occasions over such a wide area of the earth's surface) versus Stoate, charged with 'larceny from the person.'

No sooner had the jury been dismissed, and, with the witnesses, were wending their way to the office of the Clerk of the Bench, expectant of expenses, than the Crown Prosecutor addressed his Honour, representing that only at luncheon had he received the depositions in a fresh case – he referred to that of Regina versus Stoate. He was aware that the cases just disposed of had been supposed to conclude the sitting, and that his Honour was expected at Narrabri the day after to-morrow; but under the peculiar circumstances, as several of the witnesses and two members of the legal profession who were concerned in the last case were to be briefed in this, he trusted that his Honour would overlook his personal discomfort, and consent to deal with this case at the present sitting of the Court.

His Honour feared that the jurors and witnesses in the heavy cases at Narrabri might suffer inconvenience by the postponement of his departure; but, as the adjourning of this case to the next Assize Court – nearly five months – would more seriously affect all concerned, and as he was opposed on principle to prisoners on committal being detained in gaol, or defendants delayed one week longer than was actually necessary, he would accede to counsel's very reasonable request.

'Let another jury be impanelled, Mr. Associate, and then adjourn the Court until ten o'clock to-morrow morning. I shall consider the evidence taken in the previous cases, and deliver the sentences at the opening of the Court. The prisoners may be removed.'

On the following morning the five prisoners were again placed in the dock, looking anxious, and more or less despondent, with the exception of Abershaw, the man in irons. He was a hardened offender, and reckless as to what might befall him in the shape of punishment. He had served terms of imprisonment in another colony. Like many criminals, he had unfortunately not taken warning by previous penalties, as it was less than a year since he had been released. He looked around with an affected contempt for his surroundings, and smiled at an occasional sympathiser in Court with unabashed defiance.

But, as the Judge commenced to address the prisoners before announcing the sentences, the look of tension on the other men's faces was painful to witness, and even he appeared to feel the seriousness of the situation.

'William Stokes, Daniel Lynch, Hector O'Halloran, Samson Dawker, Jeremiah Abershaw, you have been found guilty, on the clearest evidence, of a dangerous and concerted attack on society. If organisations of this kind were permitted – if lawless bodies of men, organising themselves with the discipline of a military force, were permitted to go about the country interfering with honest men – there could be no safety for any one in the community. I am gratified to find that the jury have arrived at the only conclusion rational men could arrive at in such a case, and with no more time spent in deliberation than was necessary to consider the case of each man separately. I do not suppose that, excepting the residents of the neighbourhood of Poliah and the Lower Darling region generally, people are fully aware of what has been going on there.

'I have had a tolerable knowledge of the country, but I had no idea, until I came to try this case, what a state of things existed in the locality mentioned in depositions – a state of things probably unparalleled in the history of New South Wales.

'I should not have thought it possible that six or seven hundred men could camp on a main stock route, by a navigable river, for the purpose of preventing honest men going to work, much less could capture, bind them as prisoners, and hold them as such.

'Let any one contemplate what may follow if this kind of thing is permitted. There would be an end of liberty and safety; but the law exists for the protection of all, whether high or low, in the community, and those who take part in proceedings of this kind must expect to have every man's heart hardened against them. If a man's liberty were interfered with, if his life were threatened by overwhelming numbers, he and every other honest man is entitled to protect himself by taking the lives of those who come upon him. This, in law, is termed justifiable homicide; on the other hand, if lawless persons take life, they are guilty of murder.

'Having explained the law on intimidation, I will pass on to the circumstances more immediately surrounding the case. It is proved beyond doubt that the Dundonald steamer was deliberately and wilfully set on fire by the prisoners and others. If any person had perished in the flames by their act, or if, when shooting at the vessel, any of the crew or passengers had been killed, they would now be on their trial for murder.

'As it is, they have, most properly, been found guilty of arson by the jury, a crime punishable, under Victoria No. 89, section 6, with imprisonment with hard labour, and solitary confinement.

'I accordingly sentence Samson Dawker, who has been referred to as the "President," and Jeremiah Abershaw, to three years' imprisonment with hard labour, and periods of solitary confinement, both to be served in Berrima Gaol. The other prisoners do not appear to have been so actively employed in these unlawful, demoralising acts. They are therefore sentenced to two years' imprisonment only, with hard labour. I cannot conclude my remarks without stating that I fully agree with the verdict of acquittal by the jury in the case of William Hardwick, who might have been deprived of his liberty by a conspiracy of unprincipled persons, had not the jury rightly discriminated as to the manifest unreliability of the evidence against him. He therefore is enabled to leave the Court, I have pleasure in stating, without a stain upon his character.'

Regina v. StoateCharged with Arson

'May it please your Honour,' said the Crown Prosecutor, 'the prisoner before the Court is charged with wilfully and maliciously setting fire to the grass of the Tandara Run. I purpose calling the arresting constable and the manager, Mr. Macdonald; also the aboriginal Daroolman, who is exceptionally intelligent. The case will not be a lengthy one. Call Senior Sergeant Kennedy.'

'My name is John Kennedy, Senior Sergeant of the New South Wales Police Force, stationed at Dilga, on the Darling. I called at Tandara station on duty. I there saw Mr. Macdonald, the manager. He remarked that there had been no rain for a month, and the grass was very dry. He requested me to accompany him a few miles on the up-river road. He mentioned that a man named Stoate had left shortly before, having been refused rations, threatening "to get square with him." He considered him a likely person to set fire to the Run, and was just going to track him up.

'I agreed, and put my black boy on the trail. After riding two or three miles, the boy pointed to the tracks leaving the road and making towards a sandhill. We rode fast, as we saw smoke rising. The aboriginal said "that one swaggie makum fire longa grass, me seeum lightem match." We saw a man kneeling down, and galloped towards him. Apparently he did not hear us coming; as he looked up he seemed surprised. The grass around him had just ignited and was burning fiercely. There was no wood near. Mr. Macdonald seized him by the arm, saying, "You scoundrel! You're a pretty sort of delegate! I thought you were up to some mischief." Prisoner seemed confused and unable to say anything. The black boy picked up a brass match-box, half full of wax matches; also a half-burned wax match. The match-box (which I produce) had J. S. scratched on one side. Prisoner declined to say anything, except that he was going to boil his billy. There was no wood, nor any trace of roadway in the vicinity. I arrested him on the charge of setting fire to the Tandara Run. He made no reply. On searching him I found the cheque referred to in my former depositions, it was drawn in favour of William Hardwick for £55: 17s., also a knife, two sovereigns, and some small articles. I conveyed him to the lock-up at Curbin, where he appeared before the Bench of Magistrates, and was committed to take his trial at the next ensuing Assize Court. We put out the fire with difficulty; if it had beat us it might have destroyed half the grass on the Run.'

John Macdonald, being sworn, states:

'I am the manager of Tandara station. I have known the prisoner, off and on, for some years, as a shearer and bush labourer. He came to me on December 20th and asked for rations. He was on foot. I said, "You had better ask the Shearers' Union to feed you, I have nothing for agitators; you tried to spoil our shearing, and now you come whining for rations." I threatened to kick him off the place.

'He went away muttering, "I'll get square with you yet." Being uneasy, I mounted my horse, and shortly afterwards the last witness and a black boy came up, and at my request accompanied me. The boy followed his track till it turned off the main road in the direction of a sandhill. As we rode nearer, a small column of smoke rose up. We found prisoner standing by the fire, which had just started. I saw the black boy pick up the box of matches (produced in Court) from under prisoner's feet. It was marked J. S., and was nearly full of wax matches. The black boy pointed to a half-burnt match, close to the tuft of grass from which the fire had started. I said, "You scoundrel! You're a pretty sort of delegate!" I saw the sergeant take the cheque (produced) for £55: 17s., payable to William Hardwick, out of his pocket. If we had been five minutes later, all the men in the country couldn't have put the fire out; it would have swept the Run.'

'What would have been the effect of that?' asked the Judge.

'We might have had to travel 100,000 sheep, which alone would have needed fifty shepherds, besides the expense of cooks and ration-carriers, with tents, provisions, and loss of sheep. Altogether it would have meant an expenditure of several thousand pounds at the very least – besides injury to the sheep.'

'Have you any questions to ask, prisoner?' said the Judge.

'None,' said Mr. Stoate. 'These witnesses are at the beck of the capitalistic class, and will swear anything.'

Richard Donahue and the black boy corroborated the previous evidence, the latter saying, 'Me seeum light when piccaninny match-box tumble down alonga that one fella tarouser.'

Being asked if he had anything to say in his defence, Mr. Stoate elected to be sworn, taking the oath with great solemnity, and making a long-winded, rambling defence, in which he abused the capitalists, the police, the bankers, and the selectors, who, he said, were all in a league with the 'plutercrats' to crush the Union workers, and grind down the faces of the poor. With regard to the cheque, he had picked it up, and intended to restore it to Hardwick. If that man swore that he never gave him or any other man authority to take care of his money, he swore what was false. It was a common custom among mates. If the jury convicted him on this trumped-up charge, which any one could see was manufactured, he would willingly suffer in the cause of his fellow-workers. But let the oppressor beware – a day of reckoning would come!

CHAPTER IX

The Court was not very full. The 'fellow-workers' to whom Stoate so often referred had made up their minds about him. Open warfare, rioting, plunder, even arson or bloodshed, in a moderate degree they would have condoned. But to be caught in the act of setting fire to a Run, and detected with a stolen cheque in your pocket – that cheque, too, belonging to a shearer – these were offences of mingled meanness and malignity which no Union Caucus could palliate. 'He's a disgrace to the Order; the Associated Workers disown him. The Judge'll straighten him, and it's hoped he'll give him a good "stretch" while he's about it.'

This was the prejudicial sentence. And having made up their minds that their over-cunning ex-delegate by dishonourable imprudence had played into the hands of the enemy, few of the Unionists took the trouble to attend, for the melancholy pleasure of hearing sentence passed on their late comrade and 'officer.'

So, the evidence being overwhelming, the jury found Mr. Stoate guilty, and the Judge, having drawn attention to the recklessness and revengeful feeling shown by the prisoner – not halting at the probable consequences of a crime against society, by which human life might have been endangered, if not sacrificed – sentenced him to five years' imprisonment with hard labour. He was immediately afterwards arraigned on the charge of 'stealing from the person,' and the sergeant's evidence, as well as that of Hardwick, was shortly taken. Being again found guilty, he was sentenced to two years' imprisonment – which, however, the Judge decreed to be concurrent, trusting that the longer term of incarceration might suffice for reformation. In conclusion, he again congratulated William Hardwick on the recovery of his money and his character, both of which he had so nearly lost through association with men who had banded themselves together to defy the law of the land, and to attempt illegal coercion of workmen who differed from their opinions.

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Pronounced 'Waūgăh Waūgăh.'