Rolf Boldrewood
In Bad Company and other stories
CHAPTER VII
The inland town of Wagga Wagga, in New South Wales, historically celebrated as the dwelling-place of the Tichborne Claimant, where that lapsed scion of the aristocracy followed the indispensable but not socially eminent occupation of butcher, was, if not en fête, pardonably excited at the arrival of the Judge and officers of the Assize Court to be holden on the morrow.
This traditional spectacle – almost as interesting as the Annual Race Meeting or the Agricultural Show – was afforded to the inhabitants at half-yearly intervals. The curiosity aroused by these unfamiliar personages, before whom were decided the issues of freedom or imprisonment, life or death, was concentrated and intense. The Judge who presided, the Bar, the Deputy Sheriff, the Crown Prosecutor, the Associate, were objects of admiration to the denizens of a city three hundred miles from a metropolis – chiefly ignorant of other than rural life, and to whom the ocean itself was almost unknown. To the jurymen, culled from the town dwellers and the surrounding farms, the summons to aid in the administration of justice was a memorable solemnity.
The compulsory withdrawal from their ordinary avocations was fully compensated by urban pleasures, and doubtless aided their intelligent comprehension of the laws of the land.
Among the townspeople a certain amount of social festivity was deemed appropriate to the occasion.
It may therefore be imagined that among the young men and maidens the infrequent procession of the Judge's carriage, escorted by the Superintendent of Police and half-a-dozen troopers, well armed, mounted, and accurately turned out, created a thrill of pleasurable anticipation.
These feelings were heightened by the fact that Wagga (as, for convenience, the thriving town on the Murrumbidgee River was chiefly designated) stood at the edge of a vast pastoral district, being also bounded by one of the finest agricultural regions of Australia.
The cases to be tried at this sitting of the Court concerned as well the great pastoral interest as the army of labourers, to whom that interest paid in wages not less than ten millions sterling annually.
Punctually as the Post-office clock struck ten, the Court House was filled, great anxiety being shown to behold the six prisoners, who were marched from the gaol and placed in the dock, a forbidding-looking, iron-railed enclosure with a narrow wooden seat. On this some promptly sat down, while others stood up and gazed around with a well-acted look of indifference. Bill Hardwick had never been in such a place before, and the thought of what Jenny's feelings would be if she had seen him there nearly broke his heart. He sat with his head covered with his hands – the picture of misery and despair. He knew that he was to be defended – indeed had been closely questioned long before the day of trial about his conduct on the eventful morning of the burning of the Dundonald.
He had asserted his innocence in moving terms, such as even touched the heart of the solicitor, hardened as he was by long acquaintance with desperate criminals as well as cases where plaintiffs, witnesses, and defendants all seemed to be leagued in one striking exhibition of false swearing and prevarication calculated to defeat the ends of justice.
'That's all right,' said the lawyer, 'and I believe every word you've said, Bill, and deuced hard lines it is – not that I believe defendants generally, on their oath or otherwise. But you're a different sort, and it's a monstrous thing that you should have to spend your hard-earned money on lawyers and witnesses to defend yourself from a false charge. But what we've got to look to, is to make the Judge and jury believe you. These d – d scoundrels that were on for burning the boat, saw you with a gun in your hand while the affair was going on, and will swear to that, back and edge. Your friend Stoate, who isn't here yet, but will be up in time for the trial, will clinch the nail, and he can bring the constable to back him up, who saw you holding a gun. He doesn't say more than that, but it goes to corroborate. The jury must go by sworn evidence. There's only your own statement, which won't weigh against deponents, who've apparently nothing to gain on the other side.'
'It's all the spite of that hound Stoate,' cried out Bill passionately. 'He was crabbed for my belittling him in the Tandara shed. He's put those Unionists up to ruining me, and I'll break his neck when I get out, if I have to swing for it.'
'No, you won't, Bill! If you get a sentence, which I hope you won't, when you come out you'll be so jolly glad to find yourself free, that you won't want to go back even for revenge. But never mind that for the present; we must look things in the face. It's a thousand pities you couldn't get some of those chaps that were driven into the hut along with you, by the Unionists, the first night. Any idea where they've gone? Know their names?'
'They went down the river, I heard say. They're hundreds of miles away by this time. What's the use of knowing their names?'
'That's my business. It's wonderful how people turn up sometimes. Come, out with their names – where they came from – all you know about them.'
Thus adjured, Bill gave their names and a sketch of personal appearance, home address, and so on. 'All of them were natives, and some of them, when they were at home, which was not often, had selections in the same district.' This being done, Mr. Biddulph folded up the paper, and left Bill to his reflections, telling him that he could do nothing more for him at present, but to 'keep up his pecker,' and not to think the race was over till the numbers were up.
This quasi-encouragement, however, availed him but little. 'He had lost his shearing cheque; and here was money,' he sadly thought, 'being spent like water, to prove him innocent of a crime for which he never should have been charged. His wife would be nearly killed with anxiety, besides being made aware that they could not now think of buying Donahue's or any other selection. How everything had gone wrong since he rode away from home that morning with Stoate (infernal, blasted traitor that he was!), and had been going from bad to worse ever since. It was against Jenny's advice that he joined the Union. She had a knack of being right, though she was not much of a talker. Another time – but when would that be?'
So Bill – 'a hunter of the hills,' more or less, as was the Prisoner of Chillon – had to pass the weary hours until the day of trial, and he could exchange the confinement of the gaol for the expansive scenery of the dock – restricted as to space, certainly, but having an outlook upon the world, and a sort of companionship in the crowd of spectators, lawyers, and witnesses, finishing up with the Judge.
At this judicial potentate Bill looked long and wistfully. He had an idea that a Judge was a ruthless administrator of hard laws, with a fixed prejudice against working-men who presumed to do anything illegal, or in fact to trouble themselves about anything but their work and wages. However, he could not fail to see in this Judge a mild, serious, patient gentleman, showing greater anxiety to understand the facts of the case than to inflict sentences. Still, he was only partly reassured. Might he not be one of those benevolent-seeming ones – he had heard of such – who would talk sweetly to the prisoner, reminding him of the happy days of childhood, and his, perhaps, exemplary conduct when he used to attend Sunday School – trust that he intended to lead a new life, and then paralyse him with a ten years' sentence, hard labour, and two days' solitary in each month?
He did not know what to expect. Wasn't there Pat Macarthy, who got three years for assault with intent to commit grievous bodily harm (certainly he more than half killed the other man)? Well, his wife worked his farm, and slaved away the whole time, denying herself almost decent clothes to wear. At the end of his term, he came out to find her hopelessly insane; she had been taken to the Lunatic Asylum only the week before.
Bill hardly thought that Jenny would go 'off her head,' in the popular sense. It was too level and well-balanced. But if he was sentenced to three or five years more of this infernal, hopeless, caged-in existence, he expected he would.
The prisoners that he had watched in the exercise yard didn't seem to mind it so much. But they were old and worn-out; had nothing much to wish themselves outside for. Others did not look as if they had worked much in their lives – had indeed 'done time' more than once, as the slang phrase went, content to loll on the benches in the exercise yard and talk to their fellow-convicts – not always after an improving fashion. But to him it would be a living death. Up and out every morning of his life at or before daylight, – hard at work at the thousand-and-one-tasks of a farm until it was too dark to tell an axe from a spade, – how could he endure this cruel deprivation of all that made life worth living?
Fortunately for him, in one sense, the day of his trial was absolutely perfect as to weather. Bright and warm – it was late December – the sky unflecked by a single cloud. But there was a cool, sea wind, which, wandering up from the distant coast, set every human creature (not in sickness, sorrow, or 'hard bound in misery and iron'), aglow with the joy of living. It raised the spirits even of that plaything of destiny known among men as William Hardwick, so that as the whispering breeze stole through the open windows of the Court he held up his dejected head and felt almost like a man again.
The proceedings commenced, the jury had been impanelled. The Crown Prosecutor threw back his gown, and fixing his eyes on the Judge's impassive countenance opened the case.
'May it please your Honour, you will pardon me perhaps if, before calling witnesses, I sketch briefly the state of affairs which, more or less connected with the strike of 1891, has developed into a condition of matters perilous to life and property, and altogether without precedent in Australia.
'From a determination on the part of the seamen on coasting steamers to refuse work unless certain privileges were granted to them by the owners, a commencement was made of the most widespread, important, and, in its effects, the most disastrous strike ever known in Australia. Into the question of the adequacy or otherwise of the wage claimed, it is not my intention to enter.
'The consequences, however, of the refusal of these seamen and others to continue at work except under certain conditions, were far-reaching, and such as could not have been reasonably anticipated. The revolt, as it was called by the leaders of the movement, spread from sea to land, and throughout all kinds and conditions of labourers, with startling rapidity.
'Many of these bodies of workmen could not have been thought to have been concerned with the original dissentients, by any process of reasoning. But by the leaders of the rebellion – for such it may truly be designated – the opportunity was deemed favourable for the promulgation of what are known as communistic or socialistic doctrines. More especially was this observable in the conduct of a large body of workmen, members of the Australian Shearers' Union. Guided by ambitious individuals of moderate education but considerable shrewdness, not wholly unmingled with cunning, the shearers, and indeed the whole body of labourers connected with the great wool export, had been misled. They were asked to believe that a conspiracy existed on the part of the representatives of capital, whether merchants, bankers, or landholders – indeed of all employers, whether private individuals or incorporated companies – to defraud the labourer of his hire.
'Inflamed by seditious pamphlets and utterances, shearers and others banded themselves together for the purpose of intimidating all workmen who were unwilling to be guided by the autocratic Unions, and arranged on their own terms with employers.
'Not only did they, by "picketing," – an alleged method of moral suasion, but in reality a policy of insult, annoyance, and obstruction, – forcibly prevent other workmen from following their lawful occupations, but they commenced to destroy the property of the pastoral tenants, believed to be opposed to Union despotism. As a specimen of the inflammatory language used, perhaps your Honour will permit me to read an extract from a paper published in the (alleged) interest of the working classes.'
His Honour 'thought that however such extracts might indicate a tendency on the part of certain sections of workmen to engage in acts of violence causing injury to property, – a most lamentable state of feeling, in his opinion, – yet the Court was directly concerned to-day with only specific evidence as to the complicity of the prisoners in the crime of arson on which they were arraigned. He thought the extract at this stage irrelevant.'
'After drawing the attention of your Honour and the jury to the seditious, dishonest statements referred to, I will briefly refer to the lamentable list of outrages upon property, not stopping short indeed of personal violence and grievous bodily injury.
'Matters have reached such a pitch that a state of civil war may be said to have commenced. If not only the country but the towns and cities of Australia are not to be theatres of bloodshed, outrage, and incendiary flames, from which, by the mercy of Providence, Australia has up to this period been preserved, the law in its majesty must step in, and adequately punish the actors in the flagrant criminality as to which I have to address your Honour this day.'
The prisoners, having been duly arraigned, with one accord pleaded not guilty. The last name was that of William Hardwick. Just before his name was called, room was made in the crowded Court and a seat provided by the Sergeant of Police for a woman with two children, whose travel-worn appearance denoted recent arrival.
Bill turned his head, and in that fragment of time recognised Jenny with their little boy and girl. His name had to be repeated a second time. Then he drew himself up, squared his shoulders, and looking straight at the Judge, said 'Not Guilty' in a voice which sounded throughout the Court, and if it had not the ring of truth, was a marvellous imitation.
Poor Jenny, who had preserved a strained, fixed look of composure, broke down at this juncture. The sight of her husband, standing in the dock with men of crime-hardened and to her eyes of guilty appearance – one of whom, indeed, wore leg-irons, which clanked as he moved – overcame all attempts at self-possession. Her sobs were audible through the whole Court.
'Wife of the prisoner, your Honour,' explained the sergeant. 'Just off the coach; been travelling twenty hours without rest or sleep.'
'Had she not better stay in the witnesses' room?' suggested the Judge sympathetically. 'Refreshment can be brought to her there.'
But Jenny, though temporarily overcome, was not the woman to give in at such a time. Wiping her eyes, 'I've come a long way, if you please, your Honour,' she said, 'to hear my man tried on a false charge, if ever there was one; and I hope you'll let me see it out. I'll not disturb the Court again.'
It was a piteous spectacle.
Little Billy Hardwick, a precocious, resolute youngster 'rising five,' looked for a while with much gravity at his father, and then said, 'Is this a church, mother? Why doesn't father come out of that pew?'
Jenny was nearly overcome by this fresh assault on her sympathies, but accentuating her order by a shake, replied, sotto voce, 'It's not a church, Billy; but you mustn't talk, or else a policeman will lock you up in prison.' The child had heard of prisons, where bad people were locked up, even in Talmorah, where the primitive structure was, in his little mind, associated with the constable's children, who used to play therein when the cells were empty. He would have liked further explanation, but he read the signs in his mother's set face and closed lips, and spoke no more; while the little girl, holding on to her mother's gown, mingled her tears with those of her parent. Jenny Hardwick was 'not much in the crying line,' as an early friend had said of her, and was besides possessed of an unusual share of physical courage as well as of strength of mind. So, when she had hastily dried her eyes, she gave every indication of being as good as her word.
'Call the first witness,' said the Crown Prosecutor, anxious to get to work. This proved to be the Captain of Volunteers, who marched into the box accordingly.
'Your name is Gilbert Elliot, formerly of the 60th Regiment, now commanding a mounted Volunteer force. Were you at Moorara on the Darling on the 28th of August 1894?'
'I was.'
'Please to state what you did and what you saw then.'
'When the troop reached Poliah, at the date mentioned, I saw the steamer Dundonald floating down the river. She was on fire and burning fiercely. Apparently no one was on board. There was a large camp of armed men – several hundreds – whom I concluded to be Union shearers. They were yelling and shouting out that they had just burned the – boat and would roast the crew and captain for bringing up "blacklegs." I called upon them to disperse, and as they made a show of resistance I ordered my men to charge. They commenced to retreat and disperse, upon which I caused all the men to be arrested who had arms in their hands, and who were pointed out to me as having fired at the crew of the steamer or having set fire to the vessel.'
'Do you recognise the prisoners before the Court?'
'Yes; all of them.'
'Your Honour, I appear for prisoner William Hardwick,' said a shrewd, alert-looking person, who had just then bustled into the Court and appeared to be well known to the legal section. 'May I ask to have the captain's evidence read over to me? Ordinarily I should not think of troubling your Honour or delaying the business of the Court; but I have travelled from Harden, and, being delayed on the road, have only this moment arrived.'
'Under the circumstances, Mr. Biddulph, the evidence of Captain Elliot may be read over from my notes.' This was done.
The witness's evidence was proceeded with.
'Was there any show of resistance by the men assembled in the camp?'
'There was a movement as if they were disposed to fight. They outnumbered my troopers more than six to one, but at the first charge they wavered and dispersed. They made no opposition to my arresting the prisoners before the Court. One of them, the one now in irons, made a desperate resistance, but was not supported.'
'Now, Captain Elliot,' said Mr. Biddulph, 'will you look at the prisoner at this end of the dock; do you remember him?'
'Perfectly. He had a rifle in his hand when I ordered him to be arrested.'
'Did he resist?'
'No.'
'Did he say anything? If so, what was it?'
'He said, "I'm not here of my own free-will. I've been robbed and ill-treated by these men. I was forced to carry this gun. You can see that it has not been discharged. My mates (there are several of them) can prove that." I asked him where they were. He said he did not know.'
'Then you had him arrested, though he disclaimed taking any part in the unlawful proceedings? Did you not believe him?'
'I did not. As it happened, other prisoners made substantially the same defence who had been seen firing their guns just as we rode up.'
'That will do, captain.'
The next witness was called.
'My name is Humphrey Bolton. I am a Sergeant of Volunteers, and came up from Moorara by a forced march as soon as we heard that the steamer was burnt. When we struck the camp there were six or seven hundred men, most of them armed. They appeared very excited. I saw the steamer drifting down the river. She was on fire. I saw a barge with a number of men in it. I noticed the Unionists standing on the bank of the river and firing from time to time in the direction of the barge. The men in the barge were bending down and lying in the bottom as if afraid of being hit. I did not hear of any of them being hurt; a few shots were fired back, and one man in the camp was wounded.'
'What happened next?' said the Crown Prosecutor.
'Captain Elliot ordered me to capture all men on the river-bank who had arms in their hands. The six prisoners before the Court and about a dozen others were taken in charge accordingly.'
'Did the crowd resist their capture?'
'They made a show of it at first, but as soon as we charged, they gave way and cleared off in all directions.'
'Now, sergeant,' said Mr. Biddulph, 'look at the prisoner William Hardwick. Had he arms?'
'He was carrying a gun.'
'Did you see him fire it?'
'No.'
'Did you examine it, when he said it had not been fired?'
'Yes, the captain ordered me to do so; it had not been fired recently.'
'Wasn't that proof that he was speaking the truth?'
'How could I tell? He might have been going to fire, or picked up one that had not been used. Besides, my officer told me to arrest him, and, of course, I obeyed orders. He was in company with men who had just committed a felony, at any rate.'
'I see – evil communications. You may go down, sergeant.'
The next witness was the captain of the Dundonald.
'My name is Seth Dannaker, Master Mariner, out of Boston, U.S.A. I was lately in command of the steamer Dundonald– now at the bottom of the river Darling. I had come from Pooncarrie, carrying forty-five free labourers, last Saturday, without obstruction or disturbance. I took wood on board, and tied up, with swamp all round, a little below Poliah. We heard that a large camp of Unionists were waiting to attack us there; they had wire ropes across the river. We had steam up all night and a watch was kept. About four o'clock A.M. a mob of disguised men rushed on board the boat, and took possession of her. They knocked me about, and put me and the crew on board the barge, now moored at Moorara. They afterwards set the Dundonald on fire. She drifted down the river, and finally sank. They took possession of the free labourers, and counted them. They had guns and revolvers, threatening to shoot me and all who resisted them. I have lost all my personal effects, including money. I thought this was a free country; now I know it isn't.'
Cross-examined by Mr. Carter, appearing for the prisoners – with the exception of William Hardwick.
'You say you were threatened by one or more of the Unionists. Can you recognise any of the prisoners now before the Court?'
'Yes; the man in irons. I was told his name was Abershaw. He put a revolver to my head, swearing he would shoot me if I resisted; also that he would burn the b – y steamer, and roast me and the Agent of the Employers' Association for bringing up blacklegs.'
'Was he sober?'
'I cannot say. He was much excited, and more like a madman than any one in his senses. Two or three men struck me. I cannot identify any other prisoners. I had left my revolver in the cabin, or I should have shot some of them.'
'Did you see any persons firing at the vessel or crew?'
'Yes; there was a line of men on the bank firing with rifles at the crew. They wounded two of them. I cannot identify any of them.'
Cross-examined by Mr. Biddulph.
'Will you look at the man in the corner of the dock nearest to you? Did you see him firing or carrying a gun?'
'I never saw him at all, to my knowledge. Of course there was confusion.'
Next witness. 'My name is James Davidson. I am the Agent of the Employers' Association. On or about the 28th August 1894, I came up in the Dundonald in charge of free labourers (forty-five) to a spot near Poliah. The police had been sent for from Tolarno. We had heard of the Unionists intending to obstruct the boat, and so kept watch above and below. Next morning, just before daylight, a number of men rushed on board. One of them pointed a gun at the man who tried to set the boat free, threatening to kill him if he moved. They went into the wheel-house, and struck the captain; I heard them tell him they would kill him and burn the boat. He was knocked about badly. I got a few blows before the leaders got the men quiet. Then they started getting my men out.'
By the Crown Prosecutor. 'Whom do you mean by your men?'
'The free labourers.'
'Did they resist, or go quietly?'
'Some went quietly – others resisted, and were thrown overboard. A few were only in their shirts, as they had not had time to dress. They were then set up in a line and counted, to see if they were all there. A guard was put over them.'
'Was the guard armed?'
'Yes. Another gang was busy unloosing the steamer, and preparing her for the fire. They smashed in the cabins and stole everything. Nothing escaped them when they began to pillage. I lost my portmanteau, clothes, and money. Everything was taken out of my cabin, leaving me nothing but the clothes I had on.'
'Were the Unionists much excited?'
'Excited? – raving mad, I should call it. We were lucky to get off with our lives. Fortunately, few persons were injured. We received every attention when we got to Moorara. There is a large Union Camp at Tolarno. They have given out that they intend to burn two more steamers, for carrying free labourers.'
'Do you identify the prisoners in the dock?'
'Two of them. The man in irons struck the captain, and said he would burn the boat and roast him alive. The one with the large beard was the one who said he would shoot the man who was unloosing the cable. The others I have no knowledge of.'
By Mr. Carter. 'Did you see the prisoner William Hardwick – the one at this end of the dock?'
'Not that I am aware of.'
'You said you lost some money?'
'Yes, ten or twelve pounds; it was in a purse in my portmanteau. I had to draw on the Association for a few pounds, as I was left penniless and without a change of wearing apparel.'
'I suppose that was a form of "picketing," in accordance with the "ethics of war."'
'"Pickpocketing," I should call it.'
'One moment, Mr. Davidson,' interposed Mr. Biddulph, as the Agent turned to leave the witness-box. 'Did you see the prisoner at this end of the dock, carrying a gun or in any way joining in this creditable work?'
'I never saw him at all.'
'That will do.'
'Call Janus Stoate, witness for the Crown.'
As his name was mentioned, Bill turned his head towards the door where the witnesses came in, with a look of murderous hate, such as no man had ever seen before on his good-natured countenance.
Jenny, as she looked anxiously towards the dock, hardly knew him. By that door was to walk in the man who had eaten many a time at his humble but plentiful table, and in return had treacherously denounced him, ruined his character, helped to deprive him of his hard-earned wages, gone near to render his children paupers, and break his wife's heart. A man of his easy-going, confiding character, easily deceived, is not prone to suspicion, but when injured – outraged in his deepest, tenderest feelings – is terrible in wrath. As Bill unconsciously clenched his hands, and stared at the open door, he looked as one eager to tear his enemy limb from limb.
But the thronged Court was disappointed, and Bill's vengeance delayed, as no Janus Stoate appeared.
Mr. Biddulph, who had left the Court, now appeared in company with a mounted trooper, whose semi-military attire told of a rapid ride. He spoke in a low voice to the Sub-Inspector of Police, who thereupon proceeded to address the Judge.
'If your Honour pleases, there will be a trifling delay before this witness can give his evidence, owing to circumstances to which I cannot at present allude. As the hour for your Honour's luncheon has nearly arrived, may I suggest a short adjournment? I can assure your Honour that I make the application for sufficient reasons.'
'I am opposed,' answered the Judge, 'to adjournments in criminal cases; but on Mr. Sub-Inspector's assurance, I consent to relax my rule. Let the Court be adjourned until half-past one o'clock.'
There was a gasp of relief, half of satisfaction, half of disappointment, from the crowd as they hurried from the Court to snatch a hasty meal and ventilate their opinions.
'It's another dodge of the Government to block our workers from gettin' justice,' said one oratorical agitator, partially disguised as a working-man, and whose soft hands betrayed his immunity from recent toil. 'It's a conspiracy hatched up to block Delegate Stoate's evidence agin that blackleg Hardwick.'
'You be hanged!' said a rough-looking bushman, who had just hung his horse up to one of the posts in front of the Murrumbidgee Hotel. 'You won't have so much gab when you see Delegate Stoate, as you call him, before the Court, and some one as can tell the truth about him. Bill Hardwick's as honest a cove as ever walked, and he is a worker, and not a blatherskite as hasn't done a day's work for years, and sets on skunks like Stoate to rob honest men of their liberty. Don't you stand there gassin' afore me, or I'll knock your hat over your eyes.'
There was presumably a majority of Mr. Stoate's own persuasion around listening to the foregoing remarks, but the onlookers did not seem inclined to controvert this earnest speaker's arguments – seeing that he was distinctly an awkward customer, as he stood there, obviously in hard condition, and eager for the fray.
'See here now, boys,' said a large imposing-looking policeman, 'sure it's betther for yees to be gettin' a bit to ate and a sup of beer this hot day, than to be disputing within the hearin' of the Coort, and may be gettin' "run in" before sundown. Sure it's Misther Barker that's sittin' the good example.' Here he pointed to the agitator, who, after mumbling a few words about 'workers who didn't stand by their order,' had moved off, and was heading straight for the bar of the Murrumbidgee Hotel.
This broke up the meeting, as the Union labourers were anxious to hear the conclusion of the case, Regina v. Hardwick and others, and were not unobservant either of the unusually large force of police which the Resident Magistrate of Wagga Wagga, a man of proverbial courage and experience, had called up, in anticipation of any émeute which might arise as a result of this exciting trial. At half-past one o'clock the Judge, accompanied by the Deputy Sheriff, took his seat upon the Bench, and the Court was again formally declared open.
