Published: 25 Feb 2021

The news of Scobie attack didn’t reach the Golden Shovel until long after the police and magistrate had gathered details for an inquest held in haste during the late afternoon. Peter Martin had been interviewed and gave an accurate report but could not be certain who struck the blow or of the blow that knock him to the ground. Martin strongly believed it was Jim Bentley who struck Scobie and was supported by Peter Lalor who arrived in time to see Bentley return the shovel to the tent but as suggested carrying the shovel doesn’t design Bentley actually swung it.

At the inquest Bentley and his cronies firmly denied having anything to do with the assault as by their account were all in the hotel at the time and could vouch for each other and there movements. It was agreed truthful, even by Martin, Scobie had attempted to break into the hotel or at least breaking the window and had insulted Bentley’s wife Catherine the previous day, also Scobie was not only intoxicated but in violent disposition.

The verdict of the hurried inquest by the coroner appeared to be loaded against Scobie and it was decided there wasn’t enough evidence to send Bentley or his companions to trial. This didn’t sit well, especially with Peter Lalor who was usually of moderate character. Lalor quickly gathered a number of associates and formed a committee to investigate the matter further.

Late morning of the seventh, Logan was visiting the general store near the Eureka Hotel when he heard about Scobie along with the coroner David Williams decision and although the store owner came down firmly on the side of Bentley, Logan kept his peace without commenting either way.

On leaving the store Logan was accosted by a member of the local police establishment.

“Hey you come here,” the officer demanded. Logan didn’t recognise the officer believing he may be new to the Lead. He cautiously approached the policeman while holding his quiet.

“What’s ya’ name?” the office demanded.

“Logan McGregor, what appears to be the problem officer?” Logan quietly questioned while keeping moderation to his tone.

“I ask the questions – you got a miner’s right?” the officer held out his hand for receipt while impatiently clicking his fingers.

“I do but I’m not mining.”

“Give it here,” the officer growled, his hand remaining outstretched, his expression soured by expected trouble.

“I’m afraid it is back at the hotel. If you wish you can follow on and I will produce it.”

“What hotel?”

“The Golden Shovel, I and my business partner own it.” Logan always related to Chance as his business partner to avoid suspicion with the terminology of partner and what it could imply.

“You know the regulation, if you have a licence you must carry it on you at all times, mining or not,” realising in this instance he was ten to one against wining the argument the officer discontinued his demand for the permit, “piss off and next time have it with you.”

“I heard about Scobie, what’s the go?” Logan calmly asked.

“The go is, he was drunk and got into a tiff with his drinking mates.”

“I heard it was Bentley,” Logan suggested.

“You be careful with that tongue of yours, it could get you into a real heap of trouble young fella’.”

Logan forced a smile, gave the slightest of nods and departed, although now, like Peter Lalor, he was leaning more towards the diggers concern for their security but his belief in moderation remained strong.

On returning to the hotel Logan found Chance and Tom at work preparing for opening. Placing down what he had purchased from the store he approached, “I have some bad news for you Tom about your mate Scobie.”

“I was about to go and give him a visit as yesterday he was too drunk for conversation,” Tom said.

“I’m afraid not, he is dead.”

“What? What happened? How?” the lad appeared to lower into a state of disbelief.

“It appears he was killed by Bentley and his mob but there was an inquest yesterday afternoon and Bentley was cleared through lack of evidence.”

Tom remained abnormally quiet as Chance developed interested. “It is strange we didn’t hear about in the bar last night,” he suggested.

“I did think it was rather quiet besides we closed early because of water damage when the fire barrel broke and flooded the bar,” Logan explained.

“Did you hear what happened?” Chance asked.

“I have heard two sides to the story, one by his mate Peter Martin who witnessed the killing and Peter Lalor who backed his evidence, the other from Bentley’s cronies who back Bentley.”

“Who would be truthful?” Chance asked.

“I couldn’t say but knowing Bentley’s character I would be more likely to believe Peter Martin, besides I’ve always found him to be forthright.”

“Bloody Bentley,” Tom shouted and prepared to leave the bar.

“Hey settle lad, sit down and think for a while and if you want to know more then talk to Peter Lalor, don’t go shouting your mouth off down at the Eureka.” Realising Tom was likely to do something stupid Logan forcibly sat the lad. Chance quickly agreed with Logan as Tom calmed a little, although it was obvious but a tick below his reserve was a boiling mass of emotions.

“What next?” Chance asked.

“I hear Lalor has formed a committee to investigate further.” I should think it will take a few days,” Logan turned to Tom, “so kid you take a breath and listen to what’s being said before you go about shouting off and causing more trouble.”

“I guess so,” Tom stood with his fists clenched while peering vacantly past towards the wall. A clock spring on full wind could not be as tight.

“No not guess so, I mean it.” Logan snapped back.

“I will so,”

“And I don’t want you within cooee of the Eureka Hotel.”

“Alright,”

“Is that a promise?” Logan demanded.

“Yes,”

“Then you go and talk to Peter Lalor; he’ll set you right – but not today you need time to calm.”

“Tom pacified but by his continuing silence it was obvious he was smarting with the news and equally obvious the boys were quickly loosing Tom to the more radical element found about the Eureka Lead.

The following morning Tom was gone first light to visit Peter Lalor, finding him in meeting with two members of the Eureka committee. On arrival Lalor had Tom wait while they completed their business and once over Lalor came to Tom.

“So you have heard about Jim Scobie?”

“Logan told me but only a little – what happened?”

Lalor explained what he had witnessed and how he had arrived in time to see Bentley return the shovel to the store.

“What about the inquest?” Tom asked.

“That my lad was but a sham and well loaded against Scobie, I guess Bentley has many in his coat pocket, as well as the coroner.

Tom sat quietly but was fuming and obviously every fibre of his body was tight with revengeful attitude.

“You’re not going to do anything silly are you?” Lalor quietly asked in his usual cautious manner.

Tom remained silent.

“There’s nothing you can do, so leave it to us, I’m sure eventually the law will out.”

“I hate Bentley,” Tom snapped.

“Hate only destroys you and you are much too young to fill your life with such emotions.”

“What happened at the inquest?” Tom settled but a margin.

It came back with the verdict there wasn’t enough evidence to prove Bentley or his mates did it, or send them to trial.”

“I thought you saw it all?”

“No I arrived a little late and only saw Bentley with the shovel as he returned it.”

“Martin saw it, didn’t he?”

“It was said Peter was much too dazed from a punch to the head and too drunk to have seen properly but he wasn’t that drunk and I would always believe his account over that of Bentley.”

“Who hit Peter in the head?” Tom asked.

“Again it had to be one of Bentley’s mates but that wasn’t part of the investigation.”

Tom appeared to appreciate what Lalor was explaining.

“What does concern me, the coroner allowed Bentley to cross-examine a ten year old girl who was more in agreement with Peter Martin’s memory of the event, Brenda Walsh was from a close by tent, and while the jury was out I saw her talking with the coroner.”

“What do you think Mr. Lalor?” Tom asked.

“As I said, it was a foregone conclusion Bentley would not be charged but we are going to partition the Governor.”

“Will that do any good,” Tom asked.

“At least Governor Hotham will be independent and should hear our complaint.”

After a number of days had past the miner’s with leadership from Lalor forced a judicial enquiry by shear numbers under the supervision of the goldfields commissioner Robert Rede but it became obvious early in the enquiry it was bias towards Bentley and during an adjournment it was noticed Bentley had entered into magistrate Dewes office and after a period of ten minutes both returned and the claim against Bentley was discharged. Not good enough was the shout from the gallery, bringing about the clearing of the room. Soon after there was a meeting of miners but for now Lalor was able to keep it below boiling.

Tom had not been permitted in to view the proceedings because of his youth, instead waited outside with his ear close to a side window. Tom couldn’t hear what evidence was given or what decision the magistrate arrived at but the protest from the gallery was loud and angry enough to boil blood. Once the room was cleared he followed on to the meeting at Bakery Hill.

During the following days the Eureka Lead was electrified, there were many incidents of stone throwing at the police and military, encouraging Commissioner Rede to send for reinforcements. Their arrival only added to the ill feeling, so a further meeting called by Tim Hayes to discuss the corrupt verdict was arranged to be held outside the Eureka hotel on the seventeenth, believing holding it in sight of the Eureka would enhance their argument and resolve by sheer numbers.

The boys had heard of the meeting and although they agreed with the miner’s complaint, like Lalor, they had decided that insurrection wasn’t going to prove anything and once again Logan’s conservative nature came into play but as was his habit allowed Chance to guide Tom’s attitude.

As the time for the meeting drew close Chance approached Tom on the matter.

“Are you going to the meeting?” Chance asked.

“Sure am,”

“Can I talk you out of doing so?”

“No way, I promised Peter Martin I would be there.”

“It could turn nasty.” Chance insisted.

“Then I’ll get Bentley.”

Chance took a deep and worrying breath as Logan entered into the conversation.

“What did Peter Lalor say about you attending?”

“Doesn’t matter, I’m going anyway.”

“Then if you are intending to do this damn silly thing; at least stay at the back of the crowd.”

“Can I take your gun?” Tom asked and by his tone was most serious.

“No!” Logan expressed strongly as he turned to Chance for support on the matter.

“Why would you want to take a firearm to a meeting?” Chance was attempting to keep a balanced argument but was as distressed by the request as was Logan.

“For protection,”

“If someone is carrying a gun it is because he wishes to use it,”

Logan expressed.

“I don’t want to shoot anyone but others will be carrying them,”

Tom’s wish to have the gun was more innocent than the boys envisaged. His reason being to feel one with his newly found associates and show his willingness to act if necessary but Logan knew it would only take one miss quote from Bentley, the police or another to flick the arm and bend the finger on the trigger, to go from innocence of youth to murderer on a rope.

“It was but a thought as Len Marshal has one and he is only eighteen.” Tom expanded.

“Have you ever fired a gun?” Logan asked.

“No,”

“Then keep it that way.”

It was a warm afternoon with a hint of summer in the air as Tom made his way towards the Eureka hotel. On his way he watched as miners from every direction put aside their tools and began a silent march towards the hotel. In general the meeting was to discuss the events leading up to Bentley being exonerated and to demand for a more thorough investigation but there were many incidents and regulations driving their further protest, not least the digger hunt performed by the mounted police chasing down those mining without a licence, often ending in violence and on the occasion death.

The major problem with the establishment was the quality of police officers. In the main they were anyone who applied without question. Many were those with a grudge to bear, without respect for law and order while promoting their private addendum, without ability to gain fitting employment or were too lazy to become diggers, being more corrupt than those they arrested. There was also an element of sadistic pleasure within their ranks, as well as disregard for their fellows. If that was combined with cowardice, it would truthfully embellish the character of a goldfield police office.

It appeared almost everyone within ten miles of the Eureka Lead was arriving like ants and swarming with intent. Eventually a great crowd had gathered; some said hundreds, even thousands and the only thing between them, the hotel, Bentley and his cronies was a handful of police lining across the hotel entrance, all well armed and nervous. Although the military had been previous warning they stood lined in formation away from the gathering as not to put further heat into the situation.

The main purpose of the meeting was to arrange a committee to protest the verdict against Bentley for the killing of Scobie and the site outside the Eureka hotel was chosen to give weight to their argument against Bentley but as in the words of Peter Lalor, it was a bad choice as any sight of Bentley could take sensibility from their decision making. It would only take the tossing of one stone, one insult to boil over into tragedy.

William Corkhill who chaired the meeting spoke freely and for some time order was achieved, even a measure of humour and good will. Then after much debate a quorum was established with Peter Lalor and others, who would pen a petition to Governor Hotham, also arrange reward for further information on the illegal killing of Scobie. A showing of hands made the decision unanimous.

With the meeting at an end the crowd commenced to peacefully disperse in an orderly fashion, some remained and progressed towards the Eureka hotel, being more in need of a drink rather than where they found it, followed by the commissioners and a number of mounted troopers. Many of those leaving noticed the troopers advance and paused to see what was about to eventuate, they then returned to the hotel believing some clandestine plan was being concocted.

On seeing the commissioners and troopers entering the hotel, bad blood broke out within the crowd believing their purpose had already been thwarted. At first it was nothing but shouting and gravel being tossed towards the windows but as the crowd grew, now many thousands strong, the violence escalated with bottles and stones of greater size being tossed and soon every window in the hotel had been broken and the crowd became hell-bent in destroying the establishment, even shouting to lynch Bentley.

As the crowd surged forward a man carrying paper and in full view of the police and troopers placed it at the rear of the building then put light to it. The police soon extinguished the fire but as they did so the barrels containing water for that purpose were holed to prevent further extinguishing.

Soon there was a second fire set at the front of the building then the crowd broke in and smashed the furniture, while destroyed the hotel’s liquor supply. Bentley was then noticed galloping in haste away from the camp, his flight followed by an angry mob but being on foot could not catch the man, so they quickly returned to rejoin the melee.

During the setting of the fire many from the military and police rescued much of the furnishings and anything that appeared to be of importance to the security of the road but the mob soon took possession of the extraction and piled it high before also setting light to it all.

As the fire in the main building grew and looting of grog became total, the stables behind were cleared of horses and livestock and also set alight, along with that housing a coach. Soon it was obvious nothing could be done to save the Eureka hotel so those who remained, including police and troopers simply enjoyed the afternoon’s entertainment. Only one person was arrested and taken away but was soon rescued by the crowd.

With the hotel reduced to blackened charred cinders the bulk of the miners returned to their tents although somewhat dissatisfied with the result, as it wasn’t their intention to burn the hotel but encourage the authorities to rethink their decision on the death of Scobie and now one and all knew their would be bother and the bother would be on them.

Tom returned home in the early evening and by his expression well satisfied with himself. He had hardly entered into the empty bar before Logan came to question.

“I saw smoke, what was burning?”

“The Eureka hotel, we burned it down,” Tom proudly announced as he made hand motions to represent fire.

“We?” Logan asked.

“Well maybe not we but someone set a fire and it burned, also the stables and coach house behind and some tents close by and two shops were damaged but they were accidental.”

“What of Bentley?”

“He buggered off,”

“I didn’t hear gunfire?” Logan asked casting his mind back to Tom’s wish to take a firearm with him.

“No there was too many so the police and the troopers stood by and let it happen.”

“Is Bentley still around?” Logan may not have liked the man but did not wish him harm, brought to trial for his part in the killing of Scobie yes but not attacked by an enraged mob.

“Na, he and his missus buggered off as soon as the trouble started.”

“What about you Tom, what mischief did you cause?”

“Nothing, I couldn’t get to the front. By the time I arrived there were thousands and I couldn’t find Peter Martin but I could hear them swearing in Peter Lalor to be their leader.”

“As well kid but I’m telling you there will be trouble over this, the crown doesn’t take lightly to rioting.” Logan heard his own words but believed Tom had not and as they were spoken he realised how many times he had uttered those very words and each and every time hoped they would be just that, words.

The riot along with the petition to Governor Hotham became the catalyst in bringing the murderer of James Scobie to trial and an award of five hundred pounds was offered for information that could lead to the arrest and conviction of any person or persons responsible for the death of Scobie.

Soon after the issue of the writ, Thomas Mooney the nightwatchman at the Eureka hotel was detained and from his testimony police were sent to Melbourne to arrest both Bentley and his wife from their bolthole. Mooney admitted he did not see who stuck Scobie as he was too busy attending to Peter Martin, but did see Bentley with the shovel and later as he returned it to the tent.

The arrest of Mooney and the Bentley’s quickly spread around the Eureka Lead and for the moment the miners were satisfied but there was still the burning of the Eureka Hotel, that would not be put aside. There would need to be investigation and the culprit, or culprits, brought to justice.

During Bentley’s trial late in October the charge of murder was soon watered down to manslaughter with provocation and seeing Doctor Carr found no marks accredited to the said shovel, Scobie may have hit his head during a fall, even though it was said the wack from the shovel could be clearly heard from adjoining tents.

As for the burning of the Eureka Hotel, ten were arrested and seven charged and goaled, the newly formed Ballarat Reform League quickly demanded their release, being a mistake using the word demand as it only strengthened Hotham’s resolve as demand was not a word used toward authority and the seven would have to serve their sentence.

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