yment； to us is one of gloom and weariness； being locked up in a dreary cell from three o'clock Saturday evening till seven on Monday morning （except for about an hour and a half on Sunday）； thus locked up in a narrow dungeon for forty consecutive hours！ We appeal to you； and ask； was there ever worse treatment； in the worst days of the Roman inquisition； for men whose reputation had never been sullied with crime？
We therefore humbly submit； that； as the state looks only at present to our being well secured； we ought to be treated with every liberality consistent with our safe custody； and that any unnecessary harshness； or arrogant display of power； is nothing more or less than wanton cruelty。
Some of us； for instance； could wile away several hours each day in writing； an occupation which； while it would fill up the dreary vacuum of a prison life； as would the moderate use of snuff and tobacco cheer it； and soothe that mental irritation consequent upon seclusion。 But that system of discipline which would paralyse the mind and debilitate the bodythat would destroy intellectual as well as physical energy and vigour； cannot certainly be of human origin。
Trusting you will remove these sources of annoyance and complaint；
We beg to subscribe ourselves； Sir Your obedient servants。 ＇Here follow the names。＇
…
Sheriff CLAUDE FARIE； Inspector PRICE； Turnkey HACKETT； they will praise your names in hell！
Chapter LXXXI。
Quem Patronem Rogaturus。
The brave people of Melbourne remembered the state prisoners； forgotten by the Ballaarat diggers； who now that the storm was over； considered themselves luckily cunning to have got off safe； and therefore could afford to 'joe' again； the red…streak near Golden…point； having put every one in the good old spirits of the good old times。
Yourself devoting to the public cause； You ask the people if they be 'there' to die： Yes； yes hurrah the thund'ring applause； Too soon； alas！ you find out the lie！ Cast in a gaol； at best you are thought a fool； Red hot grows your foe； your friend too cool。
An angel； however； was sent to the undefended state prisoners。 Hayes and myself were the first； who since our being in trouble； did grasp the hand of a gentleman； volunteering to be our friend。
JAMES MACPHERSON GRANT； solicitor； is a Scotchman of middle…size； middle…height； and the whole makes the man； an active man of business； a shrewd lawyer； and up to all the dodges of his profession。 His forehead announces that all is sound within； his benevolent countenance assures that his heart is for man or woman in trouble。 He hates oppression； so say his eyes。 He scorns humbug； so says his nose。 His manners declare that he was born a gentleman。
I very soon gave him hints for my defence； quite in accordance with what I have been stating above； and his clerk took the whole down in short…hand。 He encouraged me to be of good cheer； 〃You need not fear；〃 said he； 〃you will soon be out； all of you。〃
God bless you； Mr。 Grant！ For the sake of you and Mr。 Aspinall； the barrister； I smother now my bitterness； and pass over all that I suffered on account of so many postponements。
Timothy Hayes； when we returned broken…hearted for the FIFTH（！） time to our gaol； did we not curse the lawyers！
A wild turn of mind now launched my soul to the old beloved spot on the Eureka； and there I struck out the following anthem。
Chapter LXXXII。
Victoria's 'Southern Cross'。 TuneThe 'Standard Bearer'
I。
WHEN Ballaarat unfurled the 'Southern Cross；' Of joy a shout ascended to the heavens； The bearer was Toronto's Captain Ross； And frightened into fits red…taped ravens。
Chorus。 For brave Lalor Was found 'all there；' With dauntless dare： His men inspiring： To wolf or bear； Defiance bidding； He made them swear Be faithful to the Standard； for victory or death。 （Bis。）
II。
Blood…hounds were soon let loose； with grog imbued； And murder stained that Sunday！ Sunday morning； The Southern Cross in digger's gore imbrued； Was torn away； and left the diggers mourning！
Chorus。
Victoria men； to scare； stifle； or tame； Ye quarter…deck monsters are too impotent； The Southern Cross will float again the same； UNITED Britons； ye are OMNIPOTENT。
Chorus。
Thus I had spanned the strings of my harp； but the strain broke them asunder in the gaol。
Chapter LXXXIII。
Initium Sapientie Est Timor Domini。
There are circumstances in life； so inexplicable for the understanding； so intricate for the counsel； so overwhelming for the judgment； so tempting for the soul； so clashing with common sense； so bewildering for the mind； so crushing for the heart； that even the honest man cannot help at moments to believe in FATE。 Hence the 'sic sinuerunt Fata；' will dash the fatalist a…head； and embolden him to knock down friend or foe； so as to carry out his conceit。 If successful； he is a Caesar； if unsuccessful； ignominy and a violent grave are the reward of his worry。
If this be true； as far is it goes； whilst
Through living hosts and changing scenes we rove； The mart； the court； the sea； the battle…plain； As passions sway； or accident may move；
it holds not true in a gaol。 There you must meet yourself； and you find that you are not your God。 Hence these new strings in my harp。
TO THE POINT。
I。
Gay is the early bloom of life's first dawn； But darker colours tinge maturer years； Our days as they advance grow more forlorn； Hope's brightest dreams dissolve away in tears Which were the best； to be or not to have been？ The question may be asked； no answer can be seen。
II。
On earth we live； within our thoughtsthe slaves； Of our conceptions in each varied mood； Gay or melancholy；it is the waves Of our imaginings； become the food The spirit preys upon； and laughs or raves With madness or with pleasure； as it would If drunk with liquids。 WE EXIST AND DWELL AS THE MIND MAY DISPOSE； IN HEAVEN OR IN HELL。
THEME。
Death which we dread so much； is but a name。
SONNET。
He who never did eat his bread in tears； Who never passed a dreary bitter night； And in his bed of sorrow； the hard fight Of pending troubles saw； with anxious fears： Who never an exile forlorn for years； And never wept with Israel 'at the sight Of the waters of Babylon' （Psalm 137）； the might Of Heaven's word is unknown to his ears。 IS THERE A MORTAL EYE THAT NEVER WEPT？ WITH tears the child begins his wants to show In tears the man out of the earth is swept。 Whether we bless or grumble here below； HIM who ever in His hand the world has kept In dark affliction's school we learn to know。
（Of course my original is in Italian。）
Chapter LXXXIV。
Judica Me Deus； Et Discarne Causam Meam De Gente Non Sancta； Ab Homine Iniquo Et Doloso Erue Me。
SUPREME COURT Melbourne； Victoria； Australia Felix； Wednesday； March 21st； 1855。
（Before his Honour Mr。 Justice Barry。）
MY STATE TRIAL His HONOUR took his seat shortly after ten o'clock。 The prisoner； that is myself； was placed in the dock； and the following Jury sworn （after the usual challenging）：…
PHILLIP BRAGG； Gore…street； Farmer； ALEXANDER BARTHOLOMEW； Brighton…road； Joiner； JAMES BLACK； Greville…street； Butcher； CHARLES BUTT； Lennox…street； Carpenter； THOMAS BELL； Lennox…street； Carpenter； FREDERICK BAINES； Richmond…road； Painter； CHARLES BELFORD； Kew； Gardener； WILLIAM BROADHURST； Wellington…street； Grocer； JOSEPH BERRY； Hawthorne； Farmer； DAVID BOYLE； Kew； Gardener； WILLIAM BARNETT； Heidelberg； Gardener； JOHN BATES； Rowena…street； Baker。
'Brava gente。 Dio vi benedica。 Mio Fratello desidera veder ciascuno di Voi； nella nostra Bella Itallia。'
For the first time in my life （37 years old）； I was placed in a felon's dock； and before a British jury。
The first glance I gave to the foreman made me all serene。 I was sure that the right man was in the right place。
JAMES MACPHERSON GRANT； my attorney for the defence； was 'all there。'
RICHARD DAVIS IRELAND； barrister； my counsel； was heavy with thunder。 Thick； sound； robust； round…headed as he is； the glance of his eyes is irresistible。 A pair of bushy whiskers frame in such a shrewd forehead； astute nose； thundering mouth； that one had better keep at a respectful distance from drakes。 His whole head and strong…built frame tell that he is ready to settle at once with anybody； either with the tongue or with the fist。 His eloquence savours pretty strongly of Daniel O'Connell； and is flavoured with colonial pepper； hence Mr。 Ireland will always exercise a potent spell over a jury。 If he were the Attorney…General； the colony would breath freer from knaves； rogues； and vagabonds。 The 'sweeps；' especially； could not possibly prosper with Ireland's pepper。
According to promise； another lawyer； a man of flesh； had to be present： but； as he was not there； so he is not here。
Mr。 ASPINALL； barrister； totally unknown to me before； volunteered his services as my counsel to assist Mr。 Ireland。
'In memoria eterna manet amicus' BUTLER COLE ASPINALL。 The print of generous frankness in your forehead； of benevolence in your eyes； of having no…two…ways in your nose； of sincere boldness in your mouth； your height； fine complexion； noble deportment； indicate in you the gentleman and the scholar。 If now and then you fumble among papers； whilst addressing the jury； that is perhaps for fear it should be observed that you have no beard； in order that proper attention may be paid to your learning； which is that of a grey…headed man； and though it may be said； that the Eureka Stockade was hoggledy enough； yet your pop； pop； pop； was also doggledy。
You know a tree by its fruits； and so you may know； if you like； the Attorney…General by his High…Treason Indictment。 I have not the patience to go through it a second time。 There are too many Fosters； fostering and festering in this Victorian land。
JUDGE BARRY presided； a man of the old…gentleman John Bull's stamp。 Nothing in his face of the cast of a Jefferies。 He can manage his temper； even among the vexations of law。
His Honour addressed me always with kindness。 If he shampooed his summing…up； with parson's solemnity； indicating not little self…congratulatio