The 1855 Victorian high treason trials took place between 22 February – 27 March in the aftermath of the Battle of the Eureka Stockade. The Goldfields Commission recommended a general amnesty for all on the runs from the fallen Eureka Stockade. Instead, thirteen of the rebels detained were eventually indicted for high treason. The juries all returned a verdict of not guilty by a jury, and the indictment against Thomas Dignum was withdrawn. On 23 January, the trial of Ballarat Times editor Henry Seekamp resulted in a finding of guilt for seditious libel, and a month later, he was sentenced to a term of imprisonment of six months. The trials have been described as farcical, and the colonial secretary would rebuke Governor Sir Charles Hotham over prosecuting the Eureka rebels for the lofty offence of high treason.
Goldfields Commission recommends general amnesty
On 14 December 1854, the Goldfields Commission sat for the first time. The first Ballarat session is held four days later at Bath's Hotel. At a meeting with Hotham on 8 January 1855, the gold fields commissioners made an interim finding that the mining tax be scrapped, and two days later made a submission advising a general amnesty be granted in relation to all those persons criminally liable for their association with the Eureka Rebellion.
Trial of Henry Seekamp
The first trial relating to the rebellion was a charge of sedition against Henry Seekamp of the Ballarat Times. Seekamp was arrested in his newspaper office on 4 December 1854 for a series of articles that appeared in the Ballarat Times. It has been speculated some of the offending articles were written by either John Manning, George Lang, the embezzling bank manager whose father was the prominent Republican and Presbyterian Minister of Sydney, the Reverend John Dunmore Lang, or Clara Seekamp, Henry's de facto wife. Seekamp was tried and convicted of seditious libel by a Melbourne jury on 23 January 1855 and, after a series of appeals, sentenced to six months imprisonment on 23 March. He was released from prison on 28 June 1855, precisely three months early. During Seekamp's absence, Clara would serve as editor of the Ballarat Times.
Eureka high treason trials
List of detainees at the Eureka Stockade
The approximately 120 detainees were mainly apprehended at or in the vicinity of the Eureka Stockade on the day of the battle. They marched to the Ballarat police holding cells until indictments could be issued or dropped. Most of the detainees faced a committal hearing presided over by a bench of magistrates. Depositions of crown witnesses for the brief of evidence in the high treason trials were taken between 7-9 December 1854 in Ballarat, mostly from soldiers and police officers who took part in the battle and other witnesses. Each deponent made a signed and sworn written statement concerning their knowledge of the facts concerning the indictment. The testimony was given in open court in the presence of the accused person, who was able to respond via submitting a statement of the accused, although this right was often waived by the detainees. Where the death of a person was involved, the proceedings became an inquest. The deponents were bound by recognisances to give evidence or a signed undertaking to appear at the trial for examination in chief at various venues if required.
Nothing is known about the status of most of the detainees regarding their actual participation in the armed uprising.
Released without charge
NameBirth yearBirthplaceLegacy and notesunknownunknownAdams lived in the vicinity of the Eureka Stockade and was wounded by gunfire three times whilst trying to get his family to safety. He was taken prisoner and spent a week convalescing at the government camp hospital. Adams would later unsuccessfully claim 937 pounds in damages for loss of property and false imprisonment.1839unknownNoonan lost his store and received 70 pounds in compensation. His spouse was also assaulted at the time of the battle, and he was detained for five days after being arrested while standing near the St Alphius chapel.
High treason committal hearings
It was reported during the high treason committal hearings that the following detainees had been discharged for either "no evidence against the prisoners, or they were only proved guilty of living in the neighborhood of the Eureka Stockade, and giving no information as to its erection".The Argus, 12 December 1854. A group of thirteen rebel prisoners were eventually committed to stand for trial for high treason at the Supreme Court in Melbourne.
8 December 1854 hearingThe Argus, 11 December 1854.
NameBirth yearBirthplaceCourt orderLegacy and notes1829?unknowndischargedAdams was a storekeeper in Ballarat who was taken prisoner and discharged at the committal hearings. May have been the same Charles Adams who was a miner at the Black lead and died in December 1861 aged 32. unknownunknowndischargedAllaire was in Ballarat at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedBarry was in Ballarat at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedBazley was in Ballarat at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedBisk was in Ballarat at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedBox was arrested in Ballarat on 3 December 1854 and discharged at the committal hearings. unknownunknowndischargedBrown was in Ballarat at the time of the battle and was discharged at the committal hearings. unknownunknowndischargedBurns (or Burn) was arrested inside the Eureka Stockade on 3 December 1854. He later made a compensation claim for his tent, which was set on fire during the battle. Burns was discharged at the committal hearings.1833County Clare, IrelanddischargedCahill was arrested at the Eureka Stockade on the day of the battle. He was active on a committee to redress the grievances of the mining community in Ballarat. Cahill was discharged at the committal hearings.unknownunknowndischargedDavidson was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedDelamere was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedEdwards was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedGilhooly was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedGray was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedHindon was arrested on the day of the battle and discharged at the committal hearings.1797Cumberland, EnglanddischargedHinds was arrested on the day of the battle and discharged at the committal hearings. He was a character witness in Bentley's trial in November 1854. unknownunknowndischargedHumphreys was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedKent was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedKinnear was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedLeslie was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedMacknon was in Ballarat at the time of the battle and was arrested and discharged at the committal hearings.unknownunknowndischargedMagennis was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedO'Brien was arrested on the day of the battle whilst in the vicinity of the Saint Alphius Catholic church. He was discharged at the committal hearings. All of O'Brien's possessions went missing whilst he was in police custody. He made a compensation claim for his time in custody. O'Brien's name appears on the 1855 electoral roll, and he was a signatory to the Benden S Hassell compensation petition.unknownunknowndischargedOrr was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedPenrose was arrested on the day of the battle whilst in the vicinity of the Saint Alphuis Catholic church. He was discharged at the committal hearings. unknownunknowndischargedPowell was arrested on the day of the battle and discharged at the committal hearings. unknownunknowndischargedPriaulx was arrested on the day of the battle and discharged at the committal hearings. There are records of a farmer named Peter Priaulx arriving in Melbourne aboard the Saldanha.unknownunknowndischargedQuin was arrested on the day of the battle and discharged at the committal hearings. He was a character witness in Michael Noonan's compensation claim.1800GuernseydischargedRobilliard was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedRoss was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedRyan was arrested on the day of the battle and discharged at the committal hearings. He subsequently made an unsuccessful compensation claim of 8 pounds for the destruction of his tent and property by the colonial forces. Ryan had asserted that he took no part in the armed uprising directly or indirectly.unknownunknowndischargedRyley was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedSmith was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedSteer was arrested on the day of the battle and discharged at the committal hearings.unknownunknowndischargedTighe was arrested at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedThompson was present at the battle. He was arrested and discharged at the committal hearings.unknownunknowndischargedTrynon was arrested at the time of the battle and was discharged at the committal hearings.unknownunknowndischargedWhite was arrested at the time of the battle and was discharged at the committal hearings.1814London, EnglanddischargedWinkfield was arrested at the time of the battle and was discharged at the committal hearings.
11 December 1854 hearingThe Argus, 12 December 1854.