and, cocking his revolver, he calledto the convict: that he was going down anyhow--adding, that the firstmove made to molest him in the execution of his duty, would be a signalfor him to blow out the brains of the man who should make it.
He then called to the miners at the windlass to "lower away."
"Drop your pick!" shouted the policeman, as he came near the bottom ofthe shaft--at the same time covering the convict with his revolver.
The murderer saw the folly of resisting. It was impossible for him toescape--even could he have killed the officer, and a dozen more besides.
Some of the "Queen's Jewellery" was soon adjusted upon his wrists; andthe rope, having been fastened around his body, he was hoisted up intothe light of heaven.
The policemen were going to stop, until they could examine the body ofthe murdered man; but they perceived that the indignation of the crowdwas fast rising to such a pitch, that it was necessary for the prisonerto be carried to some place of security--else he might be taken out oftheir hands.
None of the spectators seemed anxious either to rescue, or kill the man.Each one appeared to be satisfied by getting a kick or blow at him.The mind of every honest miner on the ground had been shocked by thecruel crime that had been committed; and each appeared to think he hadhimself a score of revenge to wipe off against the perpetrator.
Each wished to calm his outraged feelings, by inflicting somechastisement upon the criminal; and still leave to the justice of Godand the law, the task of punishing him for the murder.
The police did their best to protect their prisoner; but on their way totheir station, they were followed by an indignant crowd of miners, whokicked and scratched the old convict, till he was nearly lifeless intheir hands.
When the body of the murdered man had been brought out of the shaft, itwas found that the sharp point of a pick-axe had been driven through hisskull. The wound was in the back part of the head--proving that thevictim had received the blow from behind, and most probably without anywarning. A similar fate would undoubtedly have befallen his friend, hadhe not made the discovery which enabled him to avert it.
The murderer was sent down to Melbourne to be locked up, till thesitting of the Criminal Court.
The day after the funeral of the murdered man, the only one of the threepartners left to work out the claim, made his appearance upon the spot.
Before commencing work, he came over to me; and we had a longconversation together.
"If I had only myself to think of," said he, "I would have nothingfarther to do with this claim. It cannot be very pleasant to me to workin it, after what has occurred. The young man who has been killed, wasmy playmate in boyhood, and my constant companion ever since we lefthome together. I shall have to carry back to his father, mother, andsisters, the news of his sad fate. His relatives are very poor people;and it took every penny they could scrape together to furnish him withthe means for coming out here. My duty to them, and to his memory, isthe sole cause of my continuing any longer to work the claim. Howeverpainful the task may be, I must perform it. I shall obtain all the goldit may yield; and every speck to which my murdered friend should havebeen entitled, shall be paid over to his relatives. I know that theyhad rather see himself return penniless to them, than to have all thegold of Australia; but for all that he shall not be robbed, as well asmurdered.
"I have often heard him speak of the pleasure it would give him toreturn to his relations with his gold. I can only show my respect forhis wishes, by taking them the money to which he would have beenentitled, had he lived, to work out his claim. It shall be done withouthis aid; but his relations shall have the yield of it, all the same asif he had lived."
Whenever the windlass was to be used in bringing up the "wash dirt" frombelow--or the surviving partner wanted assistance in any way--it wascheerfully rendered by the miners at work in the adjoining claims.
By the time he had completed his task, he was summoned to Melbourne, asa witness on the trial of the murderer; and, after his leaving the Avocadiggings, I saw him no more.
I afterwards learnt from the Melbourne Argus: that the old convict wasfound guilty of the murder, and ended his earthly existence on thegallows.
Volume Three, Chapter IX.
A LARK WITH THE "LICENCE-HUNTERS."
After we had completed the working of our claim in the Avoca lead, mypartner--who had told me that his name was Brown--signified hisintention of returning home to England.
"I have saved between three and four hundred pounds," said he, "andshouldn't know what to do with it here. I've been thinking of goinghome for several years past; and now's the time to do it."
Instead of attempting to dissuade him, I rather encouraged him in hisdesign, telling him that, if dissatisfied with his visit to his nativecountry, he could return to the diggings--before they should getworked-out--and try his fortune once more.
He had heard me speak of going myself back to England some time orother; and he urged me to make the voyage along with him.
I should probably have acceded to his request,--had he not pressed me sostrongly; but I have a great aversion to doing anything, that I amvehemently solicited to do.
If there is anything which will make me do the very thing I know to bewrong, it is when some one counsels me too pressingly _against_ doingit. I have a great _penchant_ for being guided by my own judgment; andI believe that very little good is done by giving advice, to those whoare old enough to think and act for themselves.
In answer to my partner's request, I told him that I should probablyreturn to England in about a year; but was not then ready to go.
Though a little disappointed at my not accompanying him, Brown and Iparted on good terms. He left full directions with me for finding himin Birmingham--should I ever go to that city; and warmly urged upon meto call and see him. I gave him a promise to do so.
"I believe you are a respectable, right-thinking man," said he, as weshook hands at parting; "you have treated me, as though I was the same;and that's more than I have been accustomed to for the last score ofyears."
On leaving me, Brown proceeded direct to Melbourne, where he took shipfor England.
For two or three days after he had left me, I looked about thediggings--undecided what I should next do.
One afternoon, while sauntering at a little distance, from my tent, Isaw some policemen, with a squad of mounted troopers, out on the patrol.A "licensing commissioner" at their head, proved that they were lookingfor "unlicenced" miners.
I never went abroad without a miner's licence in my pocket; but I felt astrong dislike to showing it--solely on account of the manner, in whichthe demand to do so was usually made.
I shall have something to say about "licence-hunting" in anotherchapter--where the subject will be introduced, and more fully discussed.My present purpose is to relate a little adventure which occurred to meat Avoca--of which the licence-hunters were the heroes. It was thisepisode, that first awakened within my mind some thoughts about theinfamous system of drawing a revenue, from the most honest andindustrious portion of the population.
It is usual for diggers--who are not provided with a licence--on seeingthe police out upon their scouting excursions, either to take to thebush, or hide themselves in the shaft, or tunnel, of some mining claim.This is done to avoid being searched; and, as a matter of course,carried before a magistrate, and fined five pounds for--_trespassing onthe Crown lands_!
On the occasion in question, when I saw the licence-hunters out on theirusual errand, it came into my head to have a little amusement with them.I had been going idle for two or three days, and wanted something toamuse me--as well as give exercise to my limbs.
When the policemen had got within about a hundred yards of where I wasstanding, I pretended to see them for the first time; and started off ata run. They saw me, as I intended they should; and two or three of themgave chase--under the full belief that I was an unlicenced digger. Theythat first followed me were afoot; and they soon learnt that the f
artherthey pursued, the greater became the distance between them and me. Twoof the mounted troopers now left the side of the Commissioner; andjoined in the chase--spurring their horses into a gallop.
I was running in the direction of my own tent; and contrived to reachit, before the troopers overtook me.
By the time they had got up to the tent, I was standing in the openingof the canvass; and received them by demanding their business.
"We wish to see your licence," said one.
I took from my pocket the piece of paper, legally authorising me to"search for, dig, and remove gold from the crown lands of the colony."I handed it to the trooper.
He appeared much disappointed, at finding it was "all right."
"What made you run away from us?" he demanded angrily.
"What made you think I was running away from you?" I inquired in turn.
"What made you run at all?" put in