Page 5 of 17 Nov 1854 Issue of Castlemaine Mount Alexander Mail in Castlemaine, Victoria

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Castlemaine Mount Alexander Mail (Newspaper) - November 17, 1854, Castlemaine, Victoria National Library of Australia m ii recce an jntftosiing1 looking Young if wora5h, wa3 charged wit i of fihe a. Peter Mearn. 8 of Forest Creek sworn a draws Tab prisoner Lay Down Between seven on i eight on tuesday morn Login Jack Tri Warne s ten. J Polk or does not live there had at the Tinto cd Vodri sovereigns two shillings and six Pence i awake Between twelve and one o clock feeling d hand in my pocket this woman was standing Over me she had my pocket Book in her hand that is my pocket Book i demanded the Book and took it from her got Back All my Money less four Sovereign asked her for them she said she knew nothing about them i then gave her in charge. By prisoner do Noi recollect getting half a Tumbler of Brendy from my son in Law. W. Clement mounted Constable of Forest Creek apprehended the prisoner yester Day Between twelve and one searched her and found four sovereigns upon her person there were two sovereigns in each stocking. By prisoner i marked them All before letting them go out of my bands. The prisoner after the usual Cau Tion said the Money was her own. She was fully committed for trial. Thomas Adams we. Bacon w. Hyland Jas. Sandford Sarah _ Bacon and Margaret Conatty were charged Ami assaulting police constables in the execution of their duty on the afternoon of tuesday the i4th instant. Or. Paynter declared that he had the Honor of appearing on behalf of the two ladies and for Hyland and Bacon. We. Perry Constable of Castlemaine sworn was on duty on the Road towards Caris Broc k All Day yesterday until about six o clock the defendants were there upon the Road went to Light my pipe and asked the drayman Adams for a drink of water. The witness \vh03e face and eyes were Yery much bruised and swollen Here pointed out Adams among the prisoners. He said he had no water he had wine i sail would they let me have some i was willing to pay for it after he had drank he handed some to me we both had some and i offered to pay for it. I threw Down half a Sovereign another Man took up the Money and was going to put it in his pocket and i pre vented him Sarah Bacon said Don t take Money from them they Are a traps Hyland immediately 6truck me in the Eye i turned round and struck him in my own defence we fought nearly half an. Hour when mrs. Bacon came and dragged me by the hair of. My head assisted by All of them they kicked me beat me and left me senseless on the ground. They served the other Constable the name. Mrs. Bacon called my hair out by ban 1 fulls. When i could get up i begged to be let go after we got into the cart Adams came and hindered the horse from going and gave Burns a furious blow on the Eye. The witness Here produced which the woman Bacon had thrust into his hand to Compromise the matter. By Var. Panti r had on pea jacket was not in uniform but in disguise was on detective duty detecting grog shops i never said i or my mate were constables Hyland gave me a blow As soon a be came up i swear i had no conversation with the woman before a blow was struck was struck before Burns the place is about three Miles from Here on the Avoca Road. They were All around me but will hot swear that Margaret. Conatty struck me. Or. Paynter submitted that Hyland and Bacon should be discharged this " being Only a Misdemeanour and therefore capable of a Compromise at any time. Richard Cray land Surveyor of Carisbrook knows the prisoner Adams and the two women was passing at the. I time saw a Man frightfully beaten lying sense less under a tree. The y then went to the other Man and served him the same the Large woman Bacon was urging them on. By or. Paynte cannot say who truck the first blow or How the Tow began saw them both lying senseless there. A Taylor a Carrie Between Melbourne and the digging corroborated this evidence generally. Constable John Burns whose face was in a pitiable condition gave his evidence which in the main substantiated that of his fellow officer Bacon kicked Rae As i Lay on the ground on the neck and on one Side two of my ribs Are broken from his kicking Adams and the Short noun dragged me out of the cart and teat and kicked me again the woman Bacon urging them to kill me. This witness was Cross examined by or Paynter hut his evidence was not materially . Howlett certified the fracture of Burns s ribs and also the serious nature of the other injuries the Man had received but did not con. Sider the life of either of them As being at present in any danger. Or. Paynter submitted that there. Was no evidence of any kind that Margaret Conatty had aided or assisted in the assault. The Bench discharged her accordingly. Or. Paynter calling the attention of the Bench to the admission of the constables pointed out that there was no evidence to show that Sandford and Bacon knew of their being constables. They also were discharged. Having cleared three or. Paynter now addressed himself to discrepancies Between the statements of the two constables and ending with suggesting whether the female being a married woman v. Should not be considered so acting under duress of i the Man Bacon who was discharged that is to say duress in Law though not in fact All three were committed for trial on 9th december. The magistrate said they might be bailed each in � 100 and two sufficient sureties of �00 each. Henry Morgan pleaded guilty to obscene Lan Guage near the Victoria hotel on tuesday night. Serjeant Yelverton detailed certain favorite expletives from the vocabulary of Whitechapel and. Australia for which prisoner was fined �5 or one month s imprisonment. John Bayes alias Tassell was charged with per donating a Constable. He asked for a remand because he had been drinking and was not fit to. Speak remanded. J. Druitt remanded from the 7th on a charge of assaulting Betsey Druitt was brought up but it would seem he had prevailed on her to keep Cut of the Way. He was accordingly discharged. Meeting of diggers. It will be remembered that a series of questions relative to leasing worked out aur Ferous i grounds were a Short time ago submitted through the local officials for the purpose of eliciting the opinion of the diggers upon the subject. District meetings were held at which replies were Given unfavourable to a system of leasing and on saturday an aggregate meet ing took place for the purpose of ratifying the decisions arrived at in the several districts. It was held in the Market Square Castlemaine and there were Between 500 and 700 persons present during the proceedings. At half past three or Whiting was called on to preside and after apologising for his incompetency to adequately discharge the duties of his position briefly introduced the subject e absent from us in body Are with us in mind if Uliey Are not i cannot characterize them As men i will not recognise them is diggers cheers and a voice that s the kick. Our object is. To defeat the purpose of an act propose to be brought for Ward for leasing or Selling aur Ferous lands we won t have it a As being highly prejudicial to the interests of the individual Rig ger. The speaker having explained the appointment of himself and or. Palmer As Dele Gates and mentioned that 2000 signatures had been already obtained against the propositions read the queries already published in the mail and continued these queries were not submitted in what i term a Public manner. They were submitted privately to individuals which according to my notion is not the Way to decide a Public question on its Public merits cheers. If a thing is to be entertained on its Public merits who Are the Best judges ? Why the Public of course cheers and of course we Are. Ought we not to have the Opportunity of saying yes or no to every query ? instead of that they were placed in the hands of a few individuals to say what were to be the answers to these important questions affecting the most vital and important interest s of the diggers generally cheers. Now then when we find this to be the Case we come Forward and ask the Public what is their opinion what answer will they give. Everywhere we obtained the same answer As was Given by Forest Creek. It is embodied in a remonstrance which takes the form of in address to his excellency who i Hope will turn out what i esteemed him at first the diggers Friend cheers and voices we Don t know him yet he s a Shic a we treated him a great Deal too Well a. The following is the remonstrance May it please your excellency we Tho diggers and residents of Forest Creek and its Vicinity beg respectfully to App Roach your excellency and express the views entertained by us with reference to certain queries submitted to our notice by the officials on these Gold Fields in reference to Tho leasing of the same the establishment of machinery and the Mode of collecting the Rov Onue. At a meeting held on monday Tho 16th of of Tobor it was resolved that As we did not View any ground in this locality As being worked out the establishment of companies or leasing the Samo was highly detrimental to the interests and Prosperity of the diggers but As regards the effectual and profitable work ing of grounds previously turned up to deem that Tho resident commissioner should be vested with Tho Power to Grant an additional extent so As to afford a Chance to the Digger of obtaining some remuneration for his additional lab. And expense while As regards a Moro Papular and equitable Mode of collecting any tax levied upon them is a body it could be quite As effectually and More creditably done by an Export duty being paid on All Gold which to would respectfully suggest should be fixed at one und a Liaf per cent. In naming this amount we conceive there would be less attempt at evasion of payment and believe that such a Mode of collecting the Revenue would do away with the dissatisfied feelings which at present exist on the subject. Earnestly asking Tho serious Attu Tion of your excellency to the matters referred to a. We beg respectfully to subscribe ourselves. That is our answer in respect to the reposition. The replies we have Given to individual officials have been of the same Tenor and effect but i told Captain by l that when we returned from our tour we would give him a More Dis Tinct idea of what the general answer would be. Considering your unanimous voices i think that idea will be in unison with what i have already said cheers. In looking Over the last publication of the mail i saw an observation from a lady whom i personally respect and who individually bos perhaps done much Good. I have nothing invidious to say about her but she has made one remark in which As a Man and As a Digger i cannot coincide. She says the diggers have great grievances but they Are not competent to speak on the remedy laughter and is that mrs. Chislolm ? she wishes yowl to constitute yourselves patients but does not allow you to recognise a physic an. It is impossible she says for diggers to act with discretion and judgment Hudd de in fifties listening to the evil agitator laughter. That s me 1 suppose. I am an agitator but gentlemen and brother diggers i Appeal to you to say whether i am an evil or a Beneficent Agi Tator great cheering and cries of a Good one. If i am an evil one condemn me if a Good one support me the meeting Here gave three cheers. I am much obliged by your testimony in my favor. I acknowledge myself an agitator and i will live an agitator a Rich Milesian voice shouted an Shure like the blessed o Connell be can die an Agit Athur laughter. As a Friend on my right says there can be no Good got without agitation no benefits obtained unless men speak their minds and until the legislative Assembly within feel the pressure from without they will never do their duty to the Digger cheers. Until we have a voice in the legislative Assembly As diggers we shall not have the rights we Are entitled to. No doubt we shall eventually possess them because no matter what form of government exists no matter what Power is in authority no matter what party is at the head of the government however much we might respect him personally until we get those rights we shall not be satisfied cheers. There is a smouldering flame throughout the Colony and just As the match requires the slightest friction to cause it to ignite so May til s flame break out from the smallest spark. Let the govern ment take the caution in time. Let them know the danger and grapple with it while yet we confine ourselves to moral remonstrances while we do not employ physical Force of any shape or kind Climers. While we offer them Plain common sense let them. Give us Plain dealing cheers and a voice they will give us bullets. In connection with this matter we know that diggers labor under More disadvantages and grievances than Hose implied in leasing or Selling aur Ferous lands. We know that diggers have to pay a High rate for their provisions Why is that ? on account of the infamous state of the roads. During the past Winter �90 a ton were paid for conveyance. Why should that be if the Money voted for making and repairing the Road had been expended in a proper manner ? Climers. The party who Are the chief support of the state derive no Benefit from what has been done. We do not get any. To pay on advanced Price for All manner of provisions yet at the same time the main Revenue of the Colony is it Rived from whom from ourselves loud cheers. How is it derived in the shape of a licence tax Down with it. Now that licence tax vre have a great objection to " there s no mistake about that cheers. In fact we have to pay taxes four or five times Over. The storekeeper has been lately mulched in �50 or �g0 a year. He says of i must raise my prices to protect then who pays the tax ? the Digger cheers. The Carter says " on account of the Road i must ask a higher Price for cartage who has to any for that ? the Digger renewed cheering. Than there is the direct licence tax. Who pays that ? shouts of the Digger and much cheering. You re right and it is collected in a most disreputable Way. For in stance if you or i by misfortune ill Luck or illness Are so peculiarly inconvenienced that not having Money in hand to pay for our licence we leave our dwellings or our families is the Case May be and try a Little surfacing for the purpose of enabling us to act Honora Bly and it should happen to be one of the police raid Davs we Are bunted up from Gully to Gully clapped on the shoulder and no matter what extenuating circumstances we May urge Are marched off to gaol and treated As so Many of the vilest felons loud cheers. That is a fact which nobody can deny. I will give you an instance a simple one but sufficient for Ray purpose. A person working at Campbell s Creek visited his friends at the Avoca. Pre Vious to leaving there for Simson s he Pur chased a pair of new trousers. When at Sim son s he thought he would go and try his Luck for a few hours with his friends. It happened to be one of the raid Days. The police came Down and asked for his licence. He then Dis covered that he had left it in his old trouser s pocket laughter. The police would not admit the excuse and what was the consequence he was fined three pounds and lie paid the Money groans and shame. If that is jus Tice then i say it never exis de in this Colony cheers. This is an individual instance but you know How it might be multiplied. Now we Are met we can consider what is the Best and most efficient remedy for this. We have pondered Over the matter seriously and come to the conclusion that an Export duty on Gold of la per cent would meet every exigency of the state cheer Sand enable the government to do away with the anomaly of spending �550,000 to collect �180,000 laughter and cheers. Then the fortunate Digger the Man who got most Gold would have to pay the highest amount of tax cheer Sand he who got Little would feel that he was not deprived of any unfair proportion of the fruits of his hard labor. Or. Hambrook then alluded to the necessity c subscriptions being made to defray the expenses of this movement and resumed his seat the meeting cheering vociferously. Or. Watson looked upon the object for which the meeting had assembled As fraught with the interest of every Digger and the co Lony at Large. If they allowed the act to pass where would be the Freedom of the Digger ? he would become no better than a serf a paid labourer cheers. He did not Coine Forward to denounce the government but to protest against the abhorrent detestable measure that i would infringe upon the liberties and privileges. Of the diggers. Let the diggers use Only moral Force be Wise As serpents yet harm 1 less As doves let it not be said that any thing like bad feeling towards the government existed at that meeting cheers and no no they could not expect to succeed in their object All at once. Let them go Forward in the full consciousness of the Justice of their cause and Victory would be theirs cheers. Captain Trewartha believed the govern ment would not press the leasing of aur Ferous lands now that the opinions of the diggers on the subject were known. However he recommended them to keep their attention alive for there was in the government a cunning Man whose name he might have mentioned if or. Foster had not been present laughter. He warned them against the introduction of companies who would Lessen the Price of labor. There were no grounds worked out his excellency had remarked that Forest Creek looked like abandoned mining ground but he was unaware perhaps that diggers always re turned to wet grounds in summer cheers. Captain i re Artlia expressed himself in favor of an Export duty in preference to the existing system. Or. Hambrook narrated a fact which had come to his own knowledge with reference to presumed worked out grounds. A certain piece of ground at Campbell s Creek had been disposed of by government for �10 four miners had told him that they would willingly have paid a rent of �10 a month for it. Red Hill too which had been put Down As worked out now found employment for 500 men. Or. Hambrook remarked that the remonstrance had not yet been formally adopted by the meeting he begged to propose it. The motion was seconded and carried. Or. C. Powell said there was a piece of ground near the cemetery at Campbell s Creek into which he sunk a Twenty feet Hole and last night washed a Quarter of an ounce from the first tub. That ground ran into some which the government Surveyor had marked off for Sale and there could be no doubt that it was aur Ferous. If that was the Way the govern ment were going to proceed the sooner they were stopped the better cheers. Or. John James Walters a Jack tar who claimed to have served under his excellency in the Mediterranean and who we believe re minded sir Charles of the fact at Bendigo complained that the governor had not per formed any of his promises it was therefore his or. Walter s desire that the agitation should go a head and so Long As he had a Shil Ling would he continue to help it. Lack who distinguished himself by great Force of expression was greeted with three rounds of cheers at the conclusion of his oration or. Huoi ies had been a Digger three years and thought he had purchased his right to land on the diggings by the License fees he had paid cheers. Or. Bruce urged the iniquity of the pro posed measure. Or. Hambrook read a statement of account from which it appeared that the receipts were barely equal to the expenditure already incurred and there were claims yet unsatisfied. A vote of thanks was then passed to the. Chairman and duly acknowledged. Just As or. Inspector Foster had dismounted from the Waggon some wag in the crowd suggested that he also should make a speech. The request was urged so pres singly that or. Fos Ter got up on the Waggon and having been saluted with n round of cheers spoke As follows i do not find fault with anything that has been said to Day except a remark from one gentle Man about Tho police. I disclaim All Hunting up of diggers and the police under my charge have invariably done their duty As they always will do it fairly and honestly loud cheers. As Long As i remain Here i Hope you will be As peaceful und orderly As you have been to Day cheer. I have never seen a More creditable meeting on the Gold Fields and nothing could have been belter conducted. 1 thank you for it and Hope it will always to the same cheers subscriptions were then entered into and the meeting gradually dispersed. Contributions in Aid of the objects of the committee May to forwarded to Captain try Wartha Golden Hope Forest Creek messes. Stephens and co., Bath arms Campbell s Creek and or. I Harrisson Welcome inn Fryer s Creek. We understand that in a few Days a Deputa Tion from the committee interview with his excellency for the purpose of presenting the remonstrance As above adopted. Melbourne Spring meeting. .1 the following is the result of the second mid concluding Day s sport. Steeple Chase. A Sweepstake of 10 each with iu0 avs Udoeyo for. Lionet of nil Aitch weights three year old 0st Sib four a test 6lb, live 1 0st 131b, in and aged list in run the Melbourne Steeple Chase ground. Or Miller s b g Tallboy aged Kirby 1 or m ller s b q pop Goc the eos cd. Aged Grey 2 or Turner s b g lottery aged Tierney 3 the following also started but were not. Placed or Swannell s fidget or heating s by Peter simple. Or Croft s g g Gaffer Grey or Purcell s c g Triton was drawn. Maiden plate a sweep takes of it boys each with 5o Nova added for Bones that have never won an advertised prise two year old a Fea ther three 8st, four 0st 01b. Fifie lost six und aged lost Tab distance one i c and a half heats. Or Morris s b h Sarawak aged Dunlop 1 1 or Kirley a c m maid of the Mill aged Cagne 3 3 or Watt s b g skipper aged Smith a. The following also ran but were not placed or Pender s b m Kitty or Buchanan s g g Arab or Harper s b m mias Saxon or Rennison a b g sir Tatton or Green s b m Gay lass or Mil ler s b g lamplighter was drawn and or Mil Ner s b m Caroline who ran second for the first heat was declared distanced haying Tun inside. Second heat. After three false starts or Dougherty succeeded in getting the lot off satisfactorily maid of the Mill leading with Sarawak and the Skippet close up. The running for the heat resembled that of the first closely Sarawak being held in hand until coming to the straight running when or Dunlop let him go and As be fore Gol lopped him in a Winner maid of the Mill second skipper third Arab fourth and miss Saxon fifth. Con8olatiok stakes of 3 boys each with 25 says added for All horse beaten during the present meeting one mile and a half weight for age. Or Dougherty # by g Tuc Cardinal aged Tracy 1 or Keating s by g Warrigal 4 yrs 3 or Milnor s b m Caroline 4 yrs Meredith 3 the following also started but were not placed or main s b g flying dutchman or Watts s b g Slasher and or Verlcy s c m maid of the Mill. A Hack stakes of i Sov each with 10 rots added was won by or Keating # b g Soldier beating or Sheedy a Tommy by a head Only or Miller s Union Jack third and thirteen others. There were one or two minor affairs followed which did not involve the slightest Public in Terest. By Way of a finish to the sports of the week a number of gentlemen were determined to have a third Day on the racecourse. Accordingly a race and a number of matches were got up and the Promise of Good sport and the Beautiful Wea ther combined Drew together a tolerable number of our citizens on the turf the scene of action. this Sale As particularly worthy their not Ier if horses Are not sold. Ament of merchandise i Castlemaine Hospital. Or. Hutchinson is we understand elected As House surgeon of the Castlemaine Hospital by the committee of that institution and has entered upon the duties of his office an important surgical operation was per formed there on tuesday morning and one which we Trust will not be very frequent. A German Digger fell Down a Hole at Tarran Gower and broke his leg. To was conveyed to the Hospital where amputation was found to be necessary. The operation was performed by or. Preshaw assisted by drs. Hutchinson and Roche. The patient is going on very favourably. We Are informed that the Sample of a so called new Metal said to have been found at surfacing Hill mount Franklyn and sent by Captain Bull to Melbourne for examination has been reported upon by or. Davey and s. C. Vivian Esq. The first Sample they found to be Spelter or brass solder being about three parts of brass to one of Zinc. The second Sample showed a similar result containing rather less of Zinc. There seems no reason to doubt that the amalgam was intended for some fraudulent purpose. Rainer s serenades have left for Ballard and Castlemaine has now nothing at All As a show or Public entertainment. We Trust the eminent vocalists from whom we have just parted will meet with Tho Success they so eminently deserve. Fire on saturday evening about 9 o clock a fire occurred on the premises of or. Hinds Baker Market Square and resulted in the total destruction of upwards of �200 Worth of pro Perty. The flames were discovered issuing from the Bakehouse by one of or. Hinds men but before any measures could be adopted for staying their Progress nearly the whole of that part of the building was on fire. The exertions of or. Hinds men and of Many persons who had congregated on the spot were confined to detaching the burning mass from the surrounding erections in which we Are glad to say they fully succeeded and a few buckets of water served to place the premises out of further danger. It is to the great promptitude thus displayed that in All probability the preservation of the fairest portion of Castle Maine is to be attributed. Within a few Yards of the conflagration Rose the Noble proportions of or. Hitchcock s Hill of Oist Lemaine and in closer contiguity were the Banki of Australasia and new South Wales the establishment of messes. Butterworth and co., and other Large business premises All connected with or Hinds by buildings of Timber and Canvas. Had the fire been permitted to extend a Little further than it did it must have progressed beyond any available Means of checking it for Rich As we Are neither township or Camp boasts of an engine and our Supply of water in such emergencies As the pre sent depends on the Powers possessed by a couple of water carriers. We understand that or. Hinds intends rebuilding with materials More durable than those which have been destroyed. Mrs. Chisholm s visit to the Gold Fields. Mrs. Chisholm held her first group meeting in the mechanics institution Melbourne on thurs Day evening. After a few introductory remarks she said i i have been to Castlemaine Bendigo Tarran Gower and Simson s a urges and shall explain to you the difficulties you May expect to meet with giving you As Well As i can faithfully and truly Tho impressions left on my own mind applause. The difficulties in reaching the diggings Are very great for those who have families. These difficulties Are of a very depressing charac Ter but they arc such As could be easily removed. By United Effort you will be Able to procure a rate of wages which you will never be Able to procure while you work single handed As you do now loud applause. Forest Creek diggings Are now being worked in a very satisfactory manner. I have made very particular inquiries and i find that a Digger going there ought to have ten pounds in his pocket to enable him to feel in a comfortable position to work with advantage. At Bendigo Twenty pounds would be desirable. At Simson s diggings a larger sum Twenty five or thirty pounds. For those single men who arc anxious to see the diggings and have Money they can ride to Castlemaine for �-1 by Cobb s conveyances. They will be charged at the hotels on the Road is. Or is. Each meal. They will arrive in one Day and with to Weir energies fresh. There is no mis take about digging being hard work. It is hard work laughter. But men like it renewed laugh Ter. And i will Tell you Why they like it. It i3 because they feel that they can work when they like and rest when they like that no Man is their master loud and prolonged applause. The Forest Creek diggings Are Good diggings for a poor Man because they say a Man can always make wages there and wages at Forest Creek mean about �4 or a per week. I found several parties of diggers there living together in parties of seven or eight though not working in such Large Par ties. Board and lodging Cost them from 30s. To 35s. Per week. At a Board and lodging House it is generally �2. Though these Board and lodging houses Are considered very grand up there they Aro not equal to a Good House in town. Every Effort is made to make men comfortable but the Means Are very limited. Many of these Board and lodging houses Are kept by men and you know very Well that men arc bad hands at making a pudding great laughter. There is great diff in culty in getting at the actual truth among the diggers. The Gold digging of this Colony will it to up the wages Here applause. They Call Bendigo the poor Man s diggings. At Simson s Dir gins the Scarcity of water makes it necessary that a Man should have More Money. It is quite delightful to see the spirit with which men work and it is an unaccountable act of Folly for the government when men Are there working a they Are working with Money in their pockets too longing As they arc too for vegetables to eat anxious As they Are for every Comfort of life should allow the Money those men earn to be spent in articles of foreign produce when they have the ground Idle about them on which they could grow the same loud applause. I can As sure you that although i have had a great Deal to do with sending persons out to this Colony i did not expect to see no Fine a body of intellectual men As i met with on the diggings applause. You must not expect that because they Are dig Ging they have Only hands they have Heads also at least eighty per cent of them have emphatically Heads upon their shoulders applause. If they had Only an Opportunity of spending their Money on the farms they Long for instead of Rushing about from one place to another when they Are Short of water or Are otherwise prevented from carrying or. Their work of Gold digging where they Are they would be occupied in the cultivation of their farms hear hear. If something is not done to remove the difficulties under which these men arc placed the consequences will be terribly file. They enter their blankets at night More like dogs than men. There is no class of men who degenerate so soon As men under such circumstances hear hear. They Are men who Are fit to held any office in this country. They respect the Sabbath though there Are not so Many churches As there ought to be. I cannot advise families to go into the country. I think it Possi ble for men to enjoy tolerable health who sleep out of doors but there is a vast difference be tween those who sleep under a Blanket merely and those who sleep on a bed under a roof. There is not sufficient accommodation for families on the Road even if they were certain of doing Well when they got into the Interior. One of the great wants of this Colony is accommodation by Means of second class hotels on the lines of Road to the diggings. Houses should be erected which would afford a comfortable lodging at one shilling per night. The plan by which 1 propose to raise the Money is by persons taking shares or contributing from 5s. To 20s. Each and receiving for their shares a number of tickets to entitle the holders to accommodation according to the value of their subscriptions. A person subscribing 5s. Would be entitled to tickets for five nights lodging along the line of Road. Will Yuu Aid me in this work ? in a Short time it shall be done and the roads to the diggings will then be made so pleasant that we shall be getting up Pic Nic parties to the diggings loud applause. I will go and select the ground and if you will find the Means you shall have the Opportunity of travelling at a much cheaper rate than you have now. After speaking for upwards of an hour mrs. Chisholm resumed her seat amidst the most enthusiastic cheering of the whole audience. Supreme court nov. 17. Sittings at Nisi Prius in the old court. Before his Honor or Justice Williams and a special jury of twelve Mackay v. Harbison. Or Michie or Ireland and or Fellows for to Plain Tiff the solicitor general was retained for the defendant prior to the commencement of the proceedings the Learned solicitor general stated to his Honor that the defendant wished to conduct his own Case and that he the solicitor general should advise him u9 to any Points of Law in regard to the admissibility of evidence or the Liko matters that might aria during the trial. Hia Honor made no remark. S the defendant pleaded first " not guilty and secondly " n justification "viz., that it was True and that it was published for the Public Benefit. On each of these pleas Issue was joined. Tho damages were Laid at �5000 or Michie stated the plaintiff s Case. Tho libel in respect of which he now sought damages was published in the Geelong advertiser of april 26, of which Jour Nal the defendant was then proprietor und editor. The plaintiff in this Case was or George Mackay a barrister of the supremo court and Crown prosecutor for the counties of Bourke and Grant. Tho libel was As follows we remember two rates of recent occurrence of jury men being fined for drunkenness. And dec rarely reprimanded. Pub. Lie opinion coincided in the Justice of the Fine and the censure publicly and ministered from the Bench at the Laet sittings presided Over by or. Pohlman. Another Case occurred so Hei Nous so derogatory to the position held by the Public functionary guilty of excess that were it not for cumulative Evi Dence in substantiation of the charge we should have Felt inclined to doubt ocular proof. The wig of a Crown prosecutor might have been too Large to stick on his cranium or it May be displaced four times by Accident and Tumble on the floor of the court from the same cause but wigs Are not so Apt in general to play such vagaries As the Heads Enron cd in them and there fore the head is generally held responsible and not the wig. When a Crown prosecutor executes sundry mandarin move ments and runs a whole sentence into one thick word com pounded of guttural lisping and an incessant Hiccup it must be presumed that symptoms indicative of drunkenness in Ano ther individual Tell with equal effect against a Crown lawyer. If in addition to these presumptive proofs we find subsequently a Crown prosecutor making a burlesque of a court of Justice and turning a solemn trl Hunan into ridicule Traves tying the pro. A ceding of the Day and improvising for amusement a judge and jury exhibition we say then that there can he no doubt that the Phenomena we allude to Ore closely Allied to inebriation. If jury men Are fined and reprimanded for Drunken Ness Why should a Crown prosecutor heal Lowed impunity in the same f ult ? position Abie is from Justice. Expo unders of the Law Are above the Law and inv tick doubles an extra fold across her eyes or Loots Opal mimic. Such conduct of a Legal function Ary is an insult to the majesty of the Law and an insult to the Community amongst whom it was perpetrated there May to Wisdom in the wig but not in a bacchanalian profusion of Pur pie nod gushing. We Trust that this the first exhibition of the sort in Geelong will be the last. The publication of the libel was admitted and evidence produced in justification. Among Tho witnesses called was r. W. Pohl Ian Tho Chai Iraan of general sessions who deposed that Tho plaintiff on Tho occasion referred to appeared like a person Tho had been guilty of an excess at the Tubio on Tho preceding night. The witness continued i had an interview on the Day after with the Crown prosecutor on the subject of his appearance in court i told him whet Tho Bench had observed and i spoke to him about his Upp Taranco i told him that i had a great regard for Liluis Aud that i Roger Tod to Havo been obliged to speak to Hira on such a subject. To received my rebuke in the spirit in which it was Given. His answer did Honor to Liis heart and has preserved to him my respect. He added that he knew to had Boon guilty of an error that it should be a warning to him in life and by Tho lord s help to would abstain _ hereafter from All intoxicating liquors. On the following Day i called on Tho mayor and Stu cd that fact to him. Sihavo never seen Tho plaintiff in court act or Vapniar in any Way to Call for a remark from to except on that occasion. I thought it stood in painful contrast to his general con duct. I Havo already Stafeil my belief that his App Cora once and manner were such is to indicate Tho oxoosso6 of the previous night. I think it was calculated to bring Tho administration of its too ii Ito contempt. I have Given you nil that occurred Thon. It never occur Rcd be fore or Sineo. Other witnesses slated their belief that plaintiff was drunk while the rebutting evidence of my ssh Pron Der Gast und Osier barristers and of a police sergeant was fun Oraben to Tho opinion of his sobriety. The jury after Naif an hour n deliberation return i a verdict for plaintiff damages �800. Capture of the supposed Ball a a at Bank Rodgers. This District has Boen kept in u state of Vici tettion for the inst four Days in Oon Soqueno of Thoo Haso and subsequent capture by Tho police of Ebreo of Tho supposed porno tractors of Tho above Dar ing outrage. It appears that last set Virday four Mon demo into town and put up at the 11 Royal Exchange hotel Tho landlord of which did not observe any about them till monday when to thought Thoy resembled Tho of Tho Bank robbers published in Tho government Nazett �. To informed Tho Polico but up to monday evening Thoro was no ground to approve nil them. On tuesday morning however two of Tho Mon had a quarrel and left thu hotel vory Early and Tho Othor a Short Riiho afterwards. The troopers wore despatch of after them As Early As possible. In Tho fore part of Trio Day Ono of the Mon was observed in the township and Ohnson was immediately Givon but Flor his pursuers Woro just Clear of Tho town Tho follow pulled off his boat threw it Down and stood at Bay showing a revolver. To had then Homo up to his Thrpo mates who wore of foot and Armod to Tho tootle Ilia pursuers being unarmed gave up Tho Ophaso Aud wont Hook to Toiven for additional Aid. This was at Russell s cre6k, about Ono mile from Tho township. Soveral volunteers Thon wont out on horseback Well armed but of Courso no Olio could be found or Tho whereabouts of Tho armed Man or his Fellows his boat was Pio Kod up of Tho spot we Oro to threw it Down but nothing of importance was found in it a Camp Howo Vor supposed to Llano been the rendezvous of these Mon was Dis covered within two Miles of Tho township and Tho Art Iolos found Thero woo soon brought in. They consisted of Rod shirts bedding Bullet Moulds four saddles bridles spurs pistol of overs Oto. Tho Mon in custody deny All knowledge of Thesa things but a to., Lui 8olioroll, Tho Addlor Woro to Smith and balk Pur chasing two pairs of the spurs found at the Camp and in fast. Whilst Oross examining Sheroll Hay unwittingly acknowledged having done so 1 or. Lydiard polio inspector arrived Here on Eddres Day morning with several troopers and started Oil in Pursuit so companion by _ Somo Volvo Taos. Tho Sharoh was kept up with Assiduity till about 2 o clock on that Day when Tho three men now in custody were fallen in with about in f a Milo the other Sidur of Captain Eddington s station Twenty Miles from Warrnambool. Thoy were without arms and Mado no rests taboo but Woro very quietly taken to m William s Public House and indignant at being apprehend of. They were brought into t owl Nexo Day by Tho Tro Opara. Thoy gave their names As John Henry Jon Uings John Smith and William balk. In Tho afternoon they Ware arraigned before Tho Bono on a Chargo of being conc cried in Tho Balla Arnt Bank robbery. Of Courso Thoy denied the Chargo. Although Thoro was no direct proof the whole Throo answered the description published in Tho government Gazette More particularly Tho tall mad Jennings. Thero Oan be no doubt also that Thoy have Beon concerned in Somo nefarious transaction a they Woro Mot on Tho evening previous to their capture walking towards Tho locality where Thoy wore found Well armed so that Tho presumption is that they had secreted their arms and any considerable Booty Thoy might have possessed Only about �23 being found in the aggregate on their persons. The conduct of Smith and balk while in the Dook was vory auspicious and proved that it was not their first Thoy endeavoured to Bounce and brow beat Tho witnesses and plainly showed that they wore old hands at Tho Trade. The bearing of Jennings was much Moro guarded and to evidently showed proof of hotter education and brooding. The prisoners were remanded till next morning for further examination. The fourth Man is still missing and the police have been Over Sinco us teasingly scouring the country but up to present Timo he remains at Large. This is the one who was seen on tuesday Forenoon Aud was to Well armed. A Man was seen of tuesday night with his shirt All torn making for the direction where three men were taken and there can be no doubt be was Tho same fellow. On Friday morning the men now in custody Wero re examined and finally committed to Ballarat for examination by Tho authorities there. In course of Tho examination the prisoners denied All knowledge of Tho things found at the Camp. To three prisoners protested bitterly Ngai Nat the decision of the be and stated that when at Ballad rat they Ould get thousands to testify to their Obs motors. Warrnambool examiner. Advertisements. Sale of Timber so. A totes sri. Cohen & Richards have Roco ived instructions to offer by Publio auction at their new commercial sales Boom Market so. Castlemaine on monday next nov. 20, about 5,000 feet of tongued and grooved deals i 1 10. About 2000 feet of one Inoh boards. About 50 four pannel doors. About 40 single and double moulded ditto. / also a Quantity of nails of. With sundry lots of merchandise. Sole at 1 2 o clock prompt 29 Cohen & Richards auctioneers. Notice. It Eft at the Hall of Castlemaine on tues Day a Quantity of goods consisting of pickles of. For storage in consequence of the drayman being unable to find the parties to whom the same were consigned. Hitchcock & co. Auctioneers. . Parties applying will receive every information. 401 29 y r Hardy member of the Royal College of surgeons of London and of the medical boards of South Australia and Victoria May be consulted daily at his residence Campbell s Fiat near Fullerton s Diamond store. Vaccination daily. 41 Baths. Baths. Baths. Twors. Fanny Finch begs respectfully to Lvi a inform the inhabitants of Castlemaine and diggers generally that she has taken the undermentioned extensive premises which she has furnished As a bathing establishment. In offering this great sum Mer luxury to her friends mrs. F. Begs to assure them that no expense has been spared and that every regard has been paid to the Comfort and convenience of bathers and Hopes to meet that encouragement and support which such on undertaking deserves. A re freshment and Reading room is attached where All the leading periodicals will be found. Ladies Ana children carefully attended to by mrs. F. Personally. Hot cold and Shower Baths always ready at the following moderate prices hot Bath 6s.cold ditto 4s. Shower ditto 3--. Note the address Templeton Street next door to messes. Pye and co. S lemonade manufactory. 407 29 summer is come 1 Thomas Pye & co., lemonade Ginger Beer and soda water manufacturers to leg to return thanks to the inhabitants of Castlemaine and its Vio Initia for the Liberal support hitherto afforded to them during the Winter months and Hope by attention to business to Merit a continuance of the Samo t. And co., Havo just received a Large Quantity of bottles Etc. And Are prepared to Supply lemonade. Ginger bees and soda water in any and after the 1st of december our prices for lemonade Eto. Will be reduced to the Low prior of3s. 6d. Per dozen Bot Les not returned will be on arged. For. . All orders punctually attended to. nov 16, 1854. 412 82". Manchester hotel Forest Creek. To be disposed of the third share and interest in this valuable hotel which is the most Oon Ven int and Bost situate Housa on the diggings no a Peuse has been spared in the fitting up this establishment it is now doing a first rate Trade by which a Fortune May soon be realised. Parties with capital May apply to h. Wilson on the premises. 408 3ft Victoria dispensary to lemonade. Ginger Beer & soda water together with the Best syrups constantly of Sale by to. G. Glass and co. 406 41 Market Square. Public meeting a meeting will he held of the members of the Church of England on wednesday evening the 22nd inst. At or. Hinds Market Square Castlemaine for the purpose of making certain n a Pessary alterations and computing the parsonage. Monikers of the Church of England Bra particularly re Quested to attend. 403 29 in the estate of Ali Aberdeen. A la parties having cd rims against the above Are requested to Send their accounts in for examination Beloro the 23th november instant in order to have the proofs of debt ready or the first meeting of creditors on 12th do combo when an offer will to submitted to the creditors. All accounts to to fora ded to to. H. Foi Prince of Wales hotel 413 29 � Ost in Sinddy 12th. A port Montoie containing a Deposit Lle Seipt on the Bank of now South Wales no. 40s, Date Matig. 7 All persons Aro cautioned not to present the same As payment has been stoppod., the finder will oblige the under signed by leaving it at the of Ilion of this paper. Geo. Lyon nov. 16, i54. Amherst hotel Daisy Hill. Albion Cowley in Anjou going Tho completion and opening of Tho above House with every regard to the Comfort and convenience of travellers bogs to solicit their patronage and support with the 06suranb8 that they will find Overy attention and a Good table at All times with Superior wines and spirits . A twelve stalled slab built look up stable.183 30 to n Sale a it Fiat Quantity of Pine Timber nil thicknesses. Also a Quantity of doors and sashes at very reduced prices j. Haeb web s Vic Toria Timber Yord Barkor Stroot. 313 81 refreshment rooms Tut ave been opened by 11. Barnes in the left us Wing of Tho Hall of Castlemaine and next to to Entrance to his Tot Moranco hotel whore ladies and gentlemen can to supplied with lemonade Ginger Beer. Soda water cordials adapter to Tho season confectionery and Sweet cuts. 3-11 28 a Fol out Macedon paling and shingles Joan be had at waiter Smitis at Tho Fol lowing prices o Teet �-1 per Hundred 8 feat. A 6. Perd Itlo 2 Leel i l 8. Pet ditto

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