Lost Lenore Part 55

The police did their best to protect their prisoner; but on their way to their station, they were followed by an indignant crowd of miners, who kicked and scratched the old convict, till he was nearly lifeless in their hands.

When the body of the murdered man had been brought out of the shaft, it was found that the sharp point of a pick-axe had been driven through his skull. The wound was in the back part of the head--proving that the victim had received the blow from behind, and most probably without any warning. A similar fate would undoubtedly have befallen his friend, had he not made the discovery which enabled him to avert it.

The murderer was sent down to Melbourne to be locked up, till the sitting of the Criminal Court.

The day after the funeral of the murdered man, the only one of the three partners left to work out the claim, made his appearance upon the spot.

Before commencing work, he came over to me; and we had a long conversation together.

"If I had only myself to think of," said he, "I would have nothing farther to do with this claim. It cannot be very pleasant to me to work in it, after what has occurred. The young man who has been killed, was my playmate in boyhood, and my constant companion ever since we left home together. I shall have to carry back to his father, mother, and sisters, the news of his sad fate. His relatives are very poor people; and it took every penny they could sc.r.a.pe together to furnish him with the means for coming out here. My duty to them, and to his memory, is the sole cause of my continuing any longer to work the claim. However painful the task may be, I must perform it. I shall obtain all the gold it may yield; and every speck to which my murdered friend should have been ent.i.tled, shall be paid over to his relatives. I know that they had rather see himself return penniless to them, than to have all the gold of Australia; but for all that he shall not be robbed, as well as murdered.

"I have often heard him speak of the pleasure it would give him to return to his relations with his gold. I can only show my respect for his wishes, by taking them the money to which he would have been ent.i.tled, had he lived, to work out his claim. It shall be done without his aid; but his relations shall have the yield of it, all the same as if he had lived."

Whenever the windla.s.s was to be used in bringing up the "wash dirt" from below--or the surviving partner wanted a.s.sistance in any way--it was cheerfully rendered by the miners at work in the adjoining claims.

By the time he had completed his task, he was summoned to Melbourne, as a witness on the trial of the murderer; and, after his leaving the Avoca diggings, I saw him no more.

I afterwards learnt from the Melbourne Argus: that the old convict was found guilty of the murder, and ended his earthly existence on the gallows.

Volume Three, Chapter IX.

A LARK WITH THE "LICENCE-HUNTERS."

After we had completed the working of our claim in the Avoca lead, my partner--who had told me that his name was Brown--signified his intention of returning home to England.

"I have saved between three and four hundred pounds," said he, "and shouldn't know what to do with it here. I've been thinking of going home for several years past; and now's the time to do it."

Instead of attempting to dissuade him, I rather encouraged him in his design, telling him that, if dissatisfied with his visit to his native country, he could return to the diggings--before they should get worked-out--and try his fortune once more.

He had heard me speak of going myself back to England some time or other; and he urged me to make the voyage along with him.

I should probably have acceded to his request,--had he not pressed me so strongly; but I have a great aversion to doing anything, that I am vehemently solicited to do.

If there is anything which will make me do the very thing I know to be wrong, it is when some one counsels me too pressingly _against_ doing it. I have a great _penchant_ for being guided by my own judgment; and I believe that very little good is done by giving advice, to those who are old enough to think and act for themselves.

In answer to my partner's request, I told him that I should probably return to England in about a year; but was not then ready to go.

Though a little disappointed at my not accompanying him, Brown and I parted on good terms. He left full directions with me for finding him in Birmingham--should I ever go to that city; and warmly urged upon me to call and see him. I gave him a promise to do so.

"I believe you are a respectable, right-thinking man," said he, as we shook 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 of years."

On leaving me, Brown proceeded direct to Melbourne, where he took ship for England.

For two or three days after he had left me, I looked about the diggings--undecided what I should next do.

One afternoon, while sauntering at a little distance, from my tent, I saw some policemen, with a squad of mounted troopers, out on the patrol.

A "licensing commissioner" at their head, proved that they were looking for "unlicenced" miners.

I never went abroad without a miner's licence in my pocket; but I felt a strong dislike to showing it--solely on account of the manner, in which the demand to do so was usually made.

I shall have something to say about "licence-hunting" in another chapter--where the subject will be introduced, and more fully discussed.

My present purpose is to relate a little adventure which occurred to me at Avoca--of which the licence-hunters were the heroes. It was this episode, that first awakened within my mind some thoughts about the infamous system of drawing a revenue, from the most honest and industrious portion of the population.

It is usual for diggers--who are not provided with a licence--on seeing the police out upon their scouting excursions, either to take to the bush, 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--_trespa.s.sing on the Crown lands_!

On the occasion in question, when I saw the licence-hunters out on their usual errand, it came into my head to have a little amus.e.m.e.nt with them.

I had been going idle for two or three days, and wanted something to amuse me--as well as give exercise to my limbs.

When the policemen had got within about a hundred yards of where I was standing, I pretended to see them for the first time; and started off at a run. They saw me, as I intended they should; and two or three of them gave chase--under the full belief that I was an unlicenced digger. They that first followed me were afoot; and they soon learnt that the farther they pursued, the greater became the distance between them and me. Two of the mounted troopers now left the side of the Commissioner; and joined in the chase--spurring their horses into a gallop.

I was running in the direction of my own tent; and contrived to reach it, before the troopers overtook me.

By the time they had got up to the tent, I was standing in the opening of the canva.s.s; 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 the second trooper.

"Because I was in haste to reach home," I answered.

The two then talked together in a low voice, after which one of them told me that I must go along with them.

"For what reason?" I asked; but received no answer. They were either unwilling, or unable, to give me a reason.

The two policemen, who had pursued me on foot, now came up; and all four insisted on my being taken along with them, a prisoner, to the police camp!

I refused to come out of the tent; and cautioned them not to enter it-- without showing me their warrant, or some authority for the intrusion.

They paid no attention to what I said; but stepping inside the tent, rudely conducted me out of it.

I accompanied them without making resistance--thinking that when brought before a magistrate, I should get them reprimanded for what they had done.

In the afternoon, I was arraigned before, the "bench," and charged with molesting and interfering with the police in the execution of their duty! My accusers told their story; and I was called upon for my defence.

I informed the magistrate, that I had never been an unlicenced miner for a single day, since I had been on the diggings; and I entered upon a long speech--to prove, that in moving about the gold-fields, I had the right to travel at any rate of speed I might choose; and that I had unlawfully been dragged out of my tent--which being my "castle," should not have been invaded in the manner it had been.

This was what I intended to have said; but I did not get the opportunity of making my forensic display: for the magistrate cut me short, by stating, that I had been playing what the diggers call a "lark," and by doing so, had drawn the police from their duty. They had been seeking for those who really had _not_ licences; and who, through my misbehaviour, might have been able to make their escape!

In conclusion, this sapient justice fined me forty shillings!