'No. I was at the back of the camp persuadin' of the men not to use no vi'lence. Then I heard a great hubbub, and guns fired. After that I saw the steamer afire and drifting down river.'
'Did you see who set it on fire?'
'No.'
'Did you see who fired the guns?'
'No; I heard the reports of 'em.'
'Did you see any men on the bank with guns in their hands?'
'Yes; a line of 'em along the river.'
'Were the prisoners now before the Court there?'
'They might have been, I can't speak positive.'
'Was the prisoner Hardwick there carrying a gun?'
'I can't be sure. He might have been. I thought I saw him, but I wasn't near him, and I can't be sure in my mind.'
'You can't be sure?' asked the Crown Prosecutor angrily. 'Didn't you swear at the Police Court at Dilga that you saw him not only holding a gun, but firing it towards the steamer? I'll read your deposition. "I saw the prisoner holding the gun produced. He appeared to have been firing it."'
'Now, Mr. Stoate, is that your signature? and how do you account for your going back on your sworn evidence? You're intelligent enough—in a way. I am at a loss to understand your conduct.'
'Well, I was a bit flurried at the time—confused like. The police came down and charged the mob, and a lot of the shearers cleared out.'
'Then you won't swear that Hardwick held the gun, or fired it?'
'No; I wasn't near enough to him to be dead certain. It was a man like him.'
'Your Honour,' said the Crown Prosecutor, 'this is a most extraordinary change of front on the part of this witness; it amounts to gross prevarication, if not something worse. I may have occasion to prosecute him for perjury. You may go down, sir.'
'Not yet. With your Honour's permission, I propose to cross-examine the witness,' interposed Mr. Biddulph. 'Now, Mr. Delegate Stoate, is Janus your Christian name?'
'Yes.'
'Janus, is it? Sounds more heathen than Christian; more suitable also, if I mistake not. Now, Janus Stoate, you're my witness, for the present—remember that—and I advise you to be careful what you say, for your own good, and don't "suppose" so much as you did in your answer to my learned friend. You and Hardwick were on friendly terms before shearing, and came down the river together?'
'Yes, we were friends, in a manner of speakin'.'
'Were you friends or not? Answer me, and don't fence. Have you not stayed at his house often, for more than a week at a time?'
'Yes, now and then—workers often help one another a bit. I'd 'a done the same by him if he'd 'a come along the road lookin' for work.'
'Given him house-room, and three meals a day for a week or more, I daresay. But, let me see—have you a house?'
'Well, not exactly. I live in Melbourne.'
'Where?'
'At a boarding-house.'
'You left his house, then, for the shearing, the last time you were there. You had board and lodging for the previous night, and came down the river to North Yalla-doora together; is that so?'
'Yes.'
'Did you say you were a delegate before the shearing began?'
'No.'
'Why not?'
'For no reason in partic'lar.'
'Did you and he have a dispute on the road, and part company before you came to North Yalla-doora?'
'Well, we had a bit of a barney, nothing much.'
'Oh! nothing much? You were at Tandara while the shearing was going on; and did he and others refuse to come out on strike when you produced a telegram from the Head Centre, or whatever you call him, at Wagga?'
'He refused to obey the order of the properly app'inted hofficer of the Australian Shearers' Union; and was disrespectful to me, pusson'ly.'
'Did you then say that you would make it hot for him at the next shed?'
'I don't remember. But I was displeased at his disloyal haction.'
'Disloyal to whom? to the Queen?'
'No, to a greater power than the Queen—to the People, as is represented by the Australian Shearers' Union.'
'Very good; keep that for your next speech. You'll find out something about the powers of Her Majesty the Queen before long.'
'Do you not think, Mr. Biddulph,' said the Judge, with much politeness, 'that you have tested this part of the cross-examination sufficiently?'
'It was necessary to prove malice, your Honour; but I will proceed to the witness's acts and deeds, which are more important. Now, Mr. Delegate, answer these few questions straightforwardly.'
'I am on my oath, Mr. Lawyer.'
'I am aware of that; I don't attach much importance to the obligation, I am sorry to say. Did you not say to the President of the Shearers' Committee, during the riot, which might have ended in murder, and did end in arson—"Send a couple of men with Bill Hardwick and put him in the front with a rifle"?'
'Nothing of the sort.'
'If it is sworn by a respectable witness that he heard you, will you still deny it?'
'Certainly I will.'
'Call Joseph Broad. (I merely call this witness to be identified, your Honour.) Did you see this man at the shearers' camp?' to Stoate.
'I saw him there, but that's all.'
'That will do, Broad; go out of Court for the present. Did you hear your President speak to him?'
'Not to my knowledge.'
'Did Lynch and another man stand on each side of Hardwick on the bank of the river, and threaten to shoot him if he didn't stop there and hold out his rifle?'
'I didn't hear them.'
'Now listen to me, and be very careful how you answer this question. Did you stand close behind him with a revolver and say, "Don't you move for your life"?'
'Not that I remember. We was all crushed up that close together, as the crew of the steamer fired into us, that a man couldn't tell who was next or anigh him.'
'Very probably. That will do. Stay,' as Mr. Stoate turned away, and left the witness-box with a relieved expression. 'Go into the box for a moment. How did you come here—walk or ride?'
'Rode.'
'Rode
