Honour, in the highly improbable event of a verdict of "guilty," would see his way to inflict a merely nominal term of imprisonment, which, he undertook to say, would act as an effective caution for the future.'
His Honour proceeded to sum up. 'In this case, the prisoners were charged with committing a certain act, distinctly a criminal offence, punishable by a term of imprisonment. He would not dilate upon the collateral results, but impress upon the jury that all they had to consider was the evidence which they had heard. Did the evidence point conclusively to the fact that the prisoners had committed the crime of arson—the burning of the steamer Dundonald—then and there, on the 28th of August last, on the waters of the Darling River? With the conflicting interests of the pastoral employers, and the rate of wages, or the propriety of trikes, or otherwise, they had nothing whatever to do. He would repeat, nothing whatever to do.
'Did they believe the evidence for the prosecution? He would take that evidence, seriatim, from his notes.
'First there was that of the officer of Volunteers, which was direct and circumstantial. He deposes to having seen the steamer Dundonald floating down the river, burning fiercely then, with apparently no one on board. He saw a large camp of armed men, who shouted out that they had burnt the steamer, and would roast the captain and crew, for bringing up blacklegs. This last expression, he was informed, meant non-Union labourers. He caused the arrest of several men with arms in their hands, pointed out to him as having fired at the crew of the vessel, or having set fire to her. Among them was the prisoner Hardwick, who had a gun in his hand.
'The next witness was the sergeant of Volunteers. He saw the burning vessel, the crowd of armed men. and also men firing in the direction of a barge containing the crew presumably. He arrested by the colonel's order the six prisoners now before the Court, as well as others. They had arms in their hands.
'Captain Dannaker of the Dundonald deposed to a very serious state of matters. He had as passengers forty-five free labourers. Before daylight, a band of armed, disguised men boarded the vessel—of which they took full possession. Their action was not far removed from that of pirates. They
