Australia -- Gold discoveries -- Fiction; Ballarat (Vic.) -- Fiction
It was in this period of trial and sore need that Lance discovered the
nature of friendship. Genial acquaintances and friendly-seeming
personages he had encountered by the hundred. These were now for the
most part too busy or indifferent to visit him in his affliction.
Charles Stirling, however, in spite of his onerous and responsible
duties, lost no opportunity of aid or service. Sometimes he rode half
the night in order to get back to his work in proper time after visiting
the captive and comforting him as best he could. He petitioned the
Governor-in-Council, drafting and procuring signatures to a memorial
setting forth Lance's hard case and praying that he might be released on
bail. He addressed members of the Bench, and essayed to persuade them to
act independently, offering to find bail to any amount and lodge the
money. Hastings and Jack Polwarth canvassed their fellow-miners. The
newspaper press was invoked. But all in vain. The time was in-opportune.
So many horses had been stolen that a strong popular prejudice had
arisen; justice demanded a victim. A reactionary sentiment commenced to
prevail. It was openly stated that because Trevanion, of Number Six, was
a 'swell' and had dropped into a lucky claim, that was no reason why he
should be let off more than a poor man.
Wild and unsettled were the times too--those years early in 'the
fifties.' Martial law was thought necessary for the holding in check of
an army of untamed spirits. A close discriminating adherence to legal
form could hardly be attained. The upshot of it all was that, to the
disgust and despair of Hastings and Jack Polwarth, who had hoped against
hope, all their efforts were vain, and Lance was compelled to resign
himself as best he might to his enforced and protracted _duresse_.
Before leaving for Melbourne Mr. England had indeed almost guaranteed
that he only needed to be placed on his trial to be acquitted, asserting
that no jury in the colony could possibly find him guilty upon the
evidence brought before the Bench; that a committal was very different
from a conviction; that some magistrates made a point of committing for
trial all prisoners brought before them so as to escape responsibility;
that Mr. M'Alpine had a habit of acting in that way; that he (John
George England) would take the shortest odds that the jury acquitted
Lance without leaving the box.
Public-domain text, read in full here on John Shaqi.
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