Rolf Boldrewood - In Bad Company and other stories

'Mr. Davidson, the agent of the Employers' Union, corroborates the foregoing evidence in all particulars. He himself was assaulted, as were the free labourers. He saw the rioters throw some of the free labourers overboard. He saw them unloosing the steamer and preparing it for burning. His clothes and money were taken out of his cabin. He identifies Abershaw, but not prisoner Hardwick. He identifies Dawker, the man with the large beard, as the "President," so called.

'The witness for the Crown, Janus Stoate, gave, in his (the Judge's) opinion, unsatisfactory evidence after the adjournment. He described himself as a shearer; also a delegate appointed by the Shearers' Union. Though present at the scene of outrage, he apparently saw no one conduct himself indiscreetly, with the exception of his friend and fellow-shearer, William Hardwick. He swears that he saw him load and fire a gun in the direction of the steamer. He did not see the two prisoners Abershaw and Dawker, identified by the other witnesses, say or do anything illegal. He heard the report of firearms, but could not say who used them, except in the case of Hardwick. In several respects his evidence differed from that given before the Bench of Magistrates at Dilga Court of Petty Sessions, when the prisoners were committed for trial. He admitted in cross-examination having had a quarrel with Hardwick at Tandara woolshed, and to having arrived here in custody.

'Sergeant Kennedy, of the New South Wales Police, deposes to the arrest of this witness at Tandara station, on a charge of maliciously setting fire to the grass on the run, and to finding in his pocket, when searched, a cheque drawn in favour of William Hardwick for £55: 17s., said prisoner having previously testified as to its being lost or stolen.

'He would tell the jury here that he had no confidence whatever in the evidence of the witness Stoate. He appeared to have prevaricated, and also to have been actuated by a revengeful feeling in the case of William Hardwick, though, strange to say, he was apparently without eyes or ears in the case of the other prisoners, all of whom had been positively identified as having been seen in the commission of unlawful acts. In conclusion, he would entreat the jury to examine carefully, to weigh well, the evidence in this very serious and important case, and with close adherence to the obligation of their oaths, to bring in their verdict accordingly. The Court now stands adjourned till two o'clock.'

The jury were absent more than an hour, and during that time Mr. Biddulph persuaded Jenny to have a cup of tea, and otherwise refresh herself and the children, who had outstayed their usual meal-time.

She, with difficulty, was induced to touch anything: dead to all ordinary feelings, as she described herself, until Bill's fate was decided. 'How can I think of anything else?' she exclaimed passionately to Dick Donahue, who, with unfailing optimism, tried to convince her that Bill must be let off, and next day would be with her and the children on the way to Chidowla.

'How can we tell?' said she. 'Wasn't there Jack Woodman, and the lawyers told him he must be let off on a point of law, instead of which he got three years, and he's in gaol now.'

'Ah! but that was for cattle-stealing,' replied Mr. Donahue; 'and Jack had been run in before, for duffing fats off Mount Banda – tried too, and got off by the skin of his teeth. This time he shook a selector's poddies, and the jury couldn't stand that. But Bill's innocent, as everybody knows. See what the Judge said about Stoate's evidence! I'll bet you a hat to a new bonnet that Bill's out a free man this afternoon, and that Stoate's in the dock for settin' fire to Tandara, with a six to one on chance of seem' the inside of Berrima Gaol, and those four other chaps to keep him company.'

Jenny couldn't help relaxing into a wintry smile at this reassuring prophecy. But her face assumed its wonted seriousness as she said, 'Well, Dick Donahue, you've been a staunch friend all through this trouble, and I'll never forget you and Biddy for it as long as I live, and Bill won't neither.'

'Don't be troubling yourself about that, Mrs. Hardwick,' said Donahue. 'You were a good friend to her and her children before all this racket – they would have wanted many a meal only for you. But I'm a changed man. I've some hope before me, thanks to Mr. Calthorpe; and if Bill will go partners with me, we'll be Hardwick and Donahue, with a tidy cattle-station one day yet.'

'The Court's sitting,' called out some one, 'and the jury's agreed.' A rush was made by all interested persons and the spectators generally. Not a seat was vacant as the Court official demanded silence, and the Judge's Associate proceeded to read out the names of the jurors, who, headed by their foreman, stood in line on the floor of the Court.

'Are you agreed, Mr. Foreman, on your verdict?'

'We are.'

'How do you find?'

'We find William Stokes, Daniel Lynch, Hector O'Halloran, Samson Dawker, and Jeremiah Abershaw guilty of arson, and we find William Hardwick not guilty .'

The verdict of guilty was received in silence. A number of the spectators were Unionists, and though the more sensible members of the association had always been opposed to lawless proceedings, yet from a mistaken sense of comradeship they felt bound not to repudiate the acts of any of their confraternity. No doubt at the next ballot the voting would have been almost unanimous against injury to property, and such outrages as the law's slow but sure retribution has never yet failed to overtake.

But when the verdict of 'Not Guilty' was announced, there was a cheer which it tasked the stern mandate of the Deputy-Sheriff and the vigorous efforts of the police to suppress. Jenny did not hear much of it, as the fateful words had barely been pronounced when she fell as if dead. She was promptly carried out into the witnesses' room, and measures taken for her recovery. When she came to herself, Bill was bending over her, and the children, smiling amidst their tears, were holding fast to one of his hands.

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.