one of the refractory diggers： 〃If you do not pay your licences； how are we to be supported at the Camp？〃 and further； 〃There are some disaffected scoundrels I am determine to arrest！〃 To crush！ for what？ For daring to refuse to pay taxes except they had a voice in the expending of them for the public weal； public taxes are public property。 Some of these 'gentlemanly' officials made use of language on the occasion alluded to； that not only gave evidence of considerable malignity； but of a vulgarity that a gentleman would scorn to use； and we think it not an unfair inference to draw from the foregoing facts； that the digger…hunt of the 30th of November； and the cruel slaughter of the 3rd December； were unmistakable acts of petty official revenge； and； therefore； instead of the diggers forestalling the Commission of Inquiry； appointed by His Excellency； we advisedly say it was Commissioner Rede and Co。 who forestalled the inquiry by endeavouring to crush the '500 scoundrels' he complained ofa scoundrel in that gentleman's estimation seems to be one who thinks that some 12 pounds per head per annum is rather too heavy a tax for an Englishman to pay； especially if used in supporting men so unfit for office as he has proved himself to be。 This gentleman was the arch…rioter of the 30th November； in this we are confirmed （if confirmation of well…known facts were needed） by the verdict of acquittal of the so called 'Ballaarat Rioters；' partially on the evidence of Mr。 Rede himself。
In the latter part of His Excellency's reply； he very properly lays it down as 'the duty of government to administer equal justice to all；' which is no doubt the noblest principle of the English constitution； and we certainly have no fears for the peace of even colonial society； with all its supposed discordant elements； so long as that principle is practically carried out； but we are under well founded apprehension if the reverse is to be the order of the day。
There is a paragraph in our petition to the effect； that if 'His Excellency had found sufficient extenuation in the conduct of American citizens；' we thought there were equally good grounds for extending similar clemency to all； irrespective of nationality； and that it was unbecoming the dignity of any government to make such exceptions； and if such have been done （and that something tantamount to it has been done； there is ample proof）； it is a violation of the very principle enunciated by His Excellency in his report viz。； 'That it is the duty of a government to administer equal justice to all。' What we contend for is this：If it be just to grant an amnesty to a citizen of one country； 'equal justice' claims an amnesty for all。 We wish it to be distinctly understood by our American friends； that we do not for a moment find fault with His Excellency for allowing their countrymen to go free； but we do complain； in sorrow； that he does not display the same liberality to othersthat he does not wisely and magnanimously comply with the prayer of our petition by granting a general amnesty。
But is is stated further in the reply； that 'no exception had been made in favour of any person against whom a charge was preferred。' With all becoming deference to His Excellency； we think this does not meet the point。 If the gentleman were innocent； why guarantee him against arrest？ And if his friends （and we give them credit for good tact） anticipated the 'preferment of a charge；' it does not create any special grounds for an amnesty in contradistinction to a general amnesty。
Again； upon whom lies the onus of 'preferring charge？' 500 pounds was offered for Vern； 'DEAD OR ALIVE' and 400 pounds for Lalor and Black； and yet we presume there was no charge； or charges； 'preferred' against them any more than the gentleman alluded to。 We yet trust that the same good feeling that induced His Excellency to give James M‘Gill his liberty will increase sufficiently strong to unbar the prison…doors； and set the state captives free； that they may be restored to their homes； their sorrowing families； and sympathising countrymen。 By such an act； the Lieutenant…Governor will secure the peace of society； and the respect and support of the people； and be carrying out the glorious principle he has proclaimed of 'Equal Justice to All。'
J。 BASSON HUMFFRAY； C。 F。 NICHOLLS； （of Ballaarat。） Melbourne； 23rd January； 1855。
Chapter LXXVI。
Quid Sum Miser； Nunc Dicturus。
At Bacchus Marsh we were thrown into a dark lockup； by far cleaner than the lousy one of Ballaarat。 Captain Thomas； who must have acknowledged that we had behaved as men； sent us a gallon of porter； and plenty of damper； he had no occasion to shoot down any of us。 I write now this his kindness with thanks。
At last； after a long； long day； smothered with dust； burning with thirst； such that the man in the garb of a digger had compassion on us； and shouted a welcome glass of ale to all of uswe arrived before the Melbourne gaol at eight o'clock at night。
From the tender mercies of our troopers； we were given up to the gentle grasp of the turnkeys。 The man in the garb of a digger introduced us to the governor； giving such a good account of us all； that said governor； on hearing we had had nothing to eat since mid…day； was moved to let us have some bread and cheese。
We were commanded to strip to the bare shirtthe usual ignomy to begin a prison life withand then we were shown our cella board to lie down on； a blanketand the heavy door was bolted on us。
Within the darkness of our cell； we now gave vent to our grief； each in his own way。
Sleep is not a friend to prisoners； and so my mind naturally wandered back to the old spot on the Eureka。
Chapter LXXVII。
Requiescant In Pace。
Lalor's Report of the Killed and Wounded at the Eureka Massacre； on the morning of the memorable Third of December； 1854：…
The following lists are as complete as I can make them。 The numbers are well known； but there is a want of names。 I trust that the friends or acquaintances of these parties may forward particulars to 'The Times' office； Ballaarat； to be made available in a more lengthened narrative。
KILLED。
1 JOHN HYNES； County Clare； Ireland。 2 PATRICK GITTINS； Kilkenny； do。 3 MULLINS； Kilkenny； Limerick； Ireland。 4 SAMUEL GREEN； England。 5 JOHN ROBERTSON； Scotland。 6 EDWARD THONEN （lemonade man）； Elbertfeldt； Prussia。 7 JOHN HAFELE； Wurtemberg。 8 JOHN DIAMOND； County Clare； Ireland。 9 THOMAS O'NEIL； Kilkenny； do。 10 GEORGE DONAGHEY； Muff； County Donegal； do。 11 EDWARD QUIN； County Cavan； do。 12 WILLIAM QUINLAN； Goulbourn； N。S。W。 13 and 14 Names unknown。 One was usually known on Eureka as 'Happy Jack。'
WOUNDED AND SINCE DEAD。
1 LIEUTENANT ROSS； Canada。 2 THADDEUS MOORE； County Clare； Ireland。 3 JAMES BROWN； Newry； do。 4 ROBERT JULIEN； Nova Scotia。 5 CROWE； unknown。 6 FENTON； do。 7 EDWARD M‘GLYN； Ireland。 8 No particulars。
WOUNDED AND SINCE RECOVERED。
1 PETER LALOR； Queen's County； Ireland。 2 Name unknown； England。 3 PATRICK HANAFIN； County Kerry； Ireland。 4 MICHAEL HANLY； County Tipperary； do。 5 MICHAL O'NEIL； County Clare； do。 6 THOMAS CALLANAN； do。 do。 7 PATRICK CALLANAN； do。 do。 8 FRANK SYMMONs； England。 9 JAMES WARNER； County Cork； Ireland。 10 LUKE SHEEHAN； County Galway； do。 11 MICHAEL MORRISON； County Galway； do。 12 DENNIS DYNAN； County Clare； do。
（Signed） PETER LALOR； Commander…in…Chief。
What has become of GEORGE BLACK； was； and is still； a MYSTERY to me。 I lost sight of him since his leaving for Creswick…creek； on December 1； 1854。
Chapter LXXVIII。
Homo Natus De Muliere； Brevi Vivens Tempore Repletur Multis Miseriis。 Qui Quasi Flos Conterritur Et Egreditur； Postea Velut Umbra Disperditur。
It is not the purpose of this book； to begin a lamentation about my four long； long months in the gaol。 My health was ruined for ever： if that be a consolation to any one； let him enjoy it。 To say more is disgusting to me and would prove so to any one； whose motto is 'Fair…play。'
A dish of 'hominy' （Indian meal）； now and then fattened with grubs； was my breakfast。
A dish of scalding water； with half a dozen grains of rice； called soup； a morsel of dry bullock's flesh； now and then high…flavoured； a bit of bread eternally sourany how the cause of my suffering so much of dysentery； and a couple of black murphies were my dinner。
For tea； a similar dish of hominy as in the morning； with the privilege of having now and then a bushranger or a horse…stealer for my mess…mate； and often I enjoyed the company of the famous robbers of the Victoria Bank。
But the Sunday！ Oh the Sunday！ was the most trying day。 The turnkeys； of course； must enjoy the benefit of the sabbath cant； let the prisoners pray or curse in their cells。 I was let out along with the catholics； to hear mass。 I really felt the want of Christian consolation。 Our priest was always in a hurry； twice did not come； once said half the mass without any assistant； never could I hear two words together out of his short sermon。 Not once ever came to see us prisoners。
After mass； I returned to my cell； and was let out again for half an hour among all sorts of criminals； some convicted； some waiting their trial； in