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The Clerk of the Court:  〃Gentlemen of the Jury; have you considered your verdict?〃

Foreman:  〃We have。〃

The Clerk:  〃Do you find the prisoner at the bar Guilty or Not Guilty?〃

Foreman; with a firm voice:  〃NOT GUILTY!〃

'Magna opera Domini'(God save the People)thus my chains sprang asunder。  The people inside telegraphed the good news to the crowd outside; and 〃Hurrah!〃 rent the air in the old British style。




Chapter XCI。



Accidenti Alle Spie。


I WAS soon at the portal of the Supreme Court; a free man。  I thought the people would have smothered me in their demonstrations of joy。  Requesting silence; I stretched forth my right hand towards heaven; and with the earnestness of a Christian did pray as follows:I hereby transcribe the prayer as written in pencil on paper whilst in gaol in the lower cell; No。 33。

〃LORD GOD OF ISRAEL; our Father in Heaven! we acknowledge our transgressions since we came into this our adopted land。  Intemperance; greediness; the pampering of many bad passions; have provoked Thee against us; yet; Oh; Lord our God; if in thy justice; Thou are called upon to chastise us; in Thy mercy save this land of Victoria from the curse of the 'spy system。'〃

Timothy Hayes answered; 〃Amen;〃 and so did all the people; present; and so will my good reader answer; Amen。




Chapter XCII。 & XCIII。



TO LET; No。 33; LOWER CRIBS; IN WINTLE'S HOTEL; NORTH MELBOURNE。


See 'Geelong Advertiser'; November 18th。 MACKAY v。 HARRISON。 'Merci bien; je sors d'en prendre。'

The pair of chapters will see darkness 'SINE DIE'; that is; if under another flag; also in another language。

GREAT…WORKS。

'Hesperia! Quando Ego te Auspiciam? Quandoque Licebit Nunc Veterum Libris; Nunc Somno Et Inertibus Horis; Ducere Solicitae Licunda Oblivia Vitae。'




Chapter XCIV。



EXPLANATION; TO BE SUBMITTED TO HER MOST GRACIOUS MAJESTY QUEEN VICTORIA; LONDON; AND TO HIS HOLINESS PIUS IX。; PONTIFEX MAXIMUS; ROME。 BY MY BROTHER DON ANTONIO CARBONI; D。D。; Head…master of the Grammar School; Coriano; Romagna。



'Homo Sum; Nil Humani a me Alienum Puto。'

How do I explain; that I allowed one full year to pass away before publishing my story; whilst many; soon after my acquittal; heard me in person; corroborate; not indeed boastingly; the impression that I was the identical brave fellow before whose pike a British soldier was coward enough to run away。

I have one excuse; and 'it is an excuse。'

The cast of mind which Providence was pleased to assign me was terribly shaken during four long; long months suffering in gaol; especially; considering the company I was in; which was my misery。  The excitement during my trial; my glorious acquittal by a British jury; the hearty acclamations of joy from the people; made me put up with the ignominy and the impotent teeth…gnashing of silver and gold lace; and for the cause of the diggers to which I was sincerely attached; I was not sorry at the Toorak spiders having lent me the wings of an herothe principal foreign hero of the Eureka stockade。  My credit consists now in having the moral courage to assert the truth among living witnesses。

〃And I proposed in my mind to seek and search out wisely concerning all things that are done under the sun。  This painful occupation hath God given to the children of men to be exercised therein。  I have seen all things that are done under the sun; and behold all is vanity and vexation of spirit。〃The Preacher; chap。 1st; v。 13; 14。




Chapter XCV。



Qui Potest Capere Capiat。


ELECTION。 OLD SPOT; BAKERY…HILL; BALLAARAT。

According to notice; a Public Meeting was held on Saturday; July 14th; 1855; for the election of nine fit and proper men to act as Members of the Local Courtthe offspring of the Eureka Stockade。

The Resident Warden in the Chair。  Names of the Members elected for the FIRST LOCAL COURT; Ballaarat:…

I。    JAMES RYCE; elected Unanimously。 II。   ROBERT DONALD; elected Unanimously。 III。  CARBONI RAFFAELLO; elected Unanimously。 IV。   JOHN YATES; elected Unanimously。 V。    WILLIAM GREEN; elected Unanimously。 VI。   EDWARD MILLIGAN; elected by a majority of 287 votes。 VII。  JOHN WALL; elected by a majority of 240 votes。 VIII。 THOMAS CHIDLOW; elected by a majority of 187 votes。 IX。   H。 R。 NICHOLLS; elected by a majority of 163 votes。


The first time I went to our Court; I naturally stopped under the gum…treebefore the Local Court Buildingat the identical spot where Father P。 Smyth; George Black; and myself delivered to the Camp authorities our message of peace; for preventing bloodshed; on the night of Thursday; November 30th; 1854; by moonlight。  We were then not successful。

Now; I made a covenant with the Lord God of Israel that if I comparatively regained my former health and good spirits; I would speak out the truth; and further; during my six months' sitting in the Court; I would give right to whom right was due; and smother the knaves; irrespective of nationality; religion; or colour。

I kept my wordthat is; my bond is now at an end。

I hereby resign into the hands of my fellow…diggers the trust reposed in me as one of their arbitrators:  after Christmas; 1855; I shall not sit in the Local Court。  With clean hands I came in; with clean hands I go out:  that is the testimony of my conscience。  I look for no other reward。

(Signed) CARBONI RAFFAELLO。 Dec。 1st; 1855。




Chapter XCVI。



Est Modus In Rebus:  Sunt Certi Denique Fines; Quos Ultrae; Citraque Nequit Consistere Rectum。


Have I anything more to say?  Oh! yes; mate; a string of the realities of the things of this world。

Some one who had been spouting; stumping; and blatheringknown as moral…force 'starring'in 'urbe et argo'; for the benefit of the state prisoners; had for myself personally not humanity enough to attend to a simple request。  He could afford to ride 'on coachey;' I had to tramp my way to Ballaarat。  I wished him to call at my tent on the Eureka; and see that my stretcher was ready for my weary limbs。

Full stop。  My right hand shakes like a reed in a storm; my eyes swell from a flood of tears。  I can control the bitterness of my heart; and say; 〃So far shalt thou go;〃 but I cannot control its ebb and flow:  just now is springtide。

If I must again name a noble…hearted German; Carl Wiesenhavern; of the Prince Albert Hotel; who was my good Samaritan; I must also annex the following three documents; because my friends in Rome and Turin may take my wrongs too much to heart!




Chapter XCVII。



The End Of Men Whose Word Is Their Bond。

(Per favour of 'The Times'。)


〃On the disgraced Sunday morning; December 3rd; whilst attending the wounded diggers at the London Hotel; I was arrested by seven troopers; handcuffed; and dragged to the Camp。  On my arrival there; I was commanded to strip to the bare shirt; whilst so doing I was kicked; knocked about; and at last thrown into the lock…up by half…drunken troopers and soldiers。 My money; clothes; and watertight boots; which were quite new; could nowhere be found at the Camp。  Gaoler Nixon had bolted。

〃From the confusion and excitement of that morning; I cannot say with certainty the whole extent of my loss; but I can conscientiously declare that it amounted to 30 pounds。  The only thing which I saved was a little bag; containing some Eureka dust; and my 'Gold…licence'; which Inspector Foster; who knew me; took charge of previous to my ill…treatment; and has subsequently handed over to Father P。 Smyth for me。

〃Awaiting my trial in the Melbourne gaol; I made my 'complaint' to the visiting justice; for the recovery of my property; but as I had not even a dog to visit me in prison; so my complaint remained unnoticed。  After all; said worshipful the visiting justice (who was ushered into our yard with 'Fall in; hats off!'); needs more power to him; as Joseph; the nigger…rebel; for the 8 pounds; which had been robbed from him in due form at the Camp; had the consolation to be informed by his worshipful that gaoler Nixon had bolted。

〃The glorious 'Not Guilty' from a British jury having restored me to my former position in society; I embodied my 'claim' for restitution in a constitutional form; and had it presented by a gentleman to the Colonial Secretary; to be submitted for his Excellency's KIND Consideration。 His Excellency; soon after my trial; on being assured of my testimonials to character and education; condescended to say; 'He was glad to hear I was so respectable;' but His Excellency has not yet been pleased to command the restitution of my property。

〃Disappointed; in bad health; and worse spirits; I tramped for Ballaarat; where I found that my tent; on the Eureka; had been robbed of everything that was worth literally a sixpencecradle; two tubs; digging tools; cooking utensils; all gone; even my very blankets! and; of course; all my little gold in specimens and dust; as well as my belt with money in it。

〃From my account…book I can positively say; that on the fatal morning I was arrested; the money I had on my possession; and what I had in my tent in real cash; was 49 pounds。  ALL OF WHICH I had earned by the sweat of my brow; honestly; through downright hard work。

〃During the whole of last season; on the Eure

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