upon what Fortune might throw in their way. They were armed in manifold manner—two or three of them with broad palings, others with bludgeons, and one with a poker; whilst he who seemed to perform the functions of conductor, brandished aloft something very like a crowbar. After some slight skirmishing, undeserving of record in this veritable history, they arrived at what was then known as the River Townend, after a grocer who kept shop at the south-western corner of Collins and Elizabeth Streets. This was a sort of nasty ravine discharging into the Yarra, and the Corporation had recently had a wooden bridge thrown over the chasm, so as to enable a safe transit from the footway into the centre of Elizabeth Street, and this public convenience the hot-blooded "skylarkers" determined to destroy, not by siege, but by assault. To work then they went literally vi et armis, but had not progressed far in their intended wrecking, when some of the police, and a brace of night-watchmen appeared. They quietly begged of the gentlemen to drop their mischief, and go home in peace to bed, when one of them (a Mr. White) told off to do duty as a sapper by undermining one side of the bridge, roared out that "he'd like to know what the ———— the constables had to do with him?" A general engagement immediately commenced, and the first man down was an old constable named Corrie, who was capsized by a back-hander from White, who, either from the impetus of the blow, or the whisky-toddy he had been imbibing, tumbled on the top of the peace-preserver. White was soon himself again, and fell foul of a little podgy sergeant well-known as Swindell, whom he punched tremendously. Another of the "skylarkers" recognised as Mr. Peter S————s, was a sort of free-lance, hitting out right and left "for fun," and punishing both his friend and foe with great impartiality. The leader of the Mohawks (identified as a Mr. Henry Wheeler) played "poker" in a style which rather astonished the thick heads and shoulders of some of the police, three of whom tackled him on the bridge, but got paid off for their intrepidity; for one of them (Higgins) received "one for his nob," and the others were treated to contused arms. Higgings was a big "Sprig of Shillelah" well inured to Irish skirmishing, and he kept the bridge like a modern Horatius; but, unlike the latter, had no Tiber to jump into and swim away with a whole skin. Like Horatius, though, he held the bridge manfully against the "spifflicated" Etrurians, until levelled by the poker, and after the battle was over, was found soaking in blood, covering with his body the bridge which he refused to abandon. The police were at length reinforced by some of the townspeople, and singularly enough, it was a diminutive, half-cranky tailor, named Elliott, who disarmed Wheeler, by stealing behind and adroitly twitching the poker out of his hand. The poker was to Wheeler what his hair was to Samson; and having lost it, it was all up with him. White, Wheeler, and S————s were made prisoners of war, and marched off in triumph to the watch-house. The other night-birds escaped. The rioters were charged at the Police Court next morning, when the evidence against S————s was trifling, and he was therefore let off scot free. White was fined £5, but Wheeler's conduct was proved to be so outrageous that the magistrates declined to deal with him summarily, and he was therefore committed for trial, but admitted to bail. His trial came off at the Criminal Sessions on the 16th March, though during the interval strenuous exertions had been made to effect a compromise-but to no purpose. The traverser, who was defended by Mr. Raymond, was indicted for an assault upon Constable John Higgins in the discharge of his duty, and a second count charged a common assault. The jury convicted on the first count, and Judge Jeffcott in passing sentence administered a severe rebuke to persons ranking in society as gentlemen descending to acts that would disgrace the humblest man. The judgment of the Court was three months' imprisonment, a fine of £50, and to find two sureties of £100 each to keep the peace for twelve months, with further imprisonment until the pecuniary requirements were satisfied. The cash and bail-bonds were forthcoming, and after serving a month's incarceration the Executive remitted the remainder of the confinement in deference to an influentially signed memorial. It was understood that Higgins had been compensated by way of erie for the serious injuries he sustained. He remained for several years afterwards in the police force.
A Magisterial Horse-whipping.—17th April, 1844.
M'Crae v. Foster,
Tried before Judge Jeffcott and a special jury of twelve, was an action for assault and battery; damages, £2000. The assault was admitted and £10 paid into Court. Counsel for plaintiff, Messrs. Cunninghame and Williams; for defendant, Messrs. Barry and Stawell.
