This was one of the cases where a magistrate, not being able to deal effectively with a witness, will take as little offence as possible, so as to get him out of the box and have done with him. In a city or county town such a man would be sent to gaol for twenty-four hours, for contempt of Court, to appear next morning in a chastened frame of mind. But as the fire-raisers were to be committed for trial and forwarded under escort to the Circuit Court at Wagga Wagga, nothing would be gained by delaying the whole affair for the purpose of punishing a single witness.
So poor Bill, being asked by the magistrate what he had to say in his defence, made a bungling job of it, as many an innocent man, under the circumstances, has done before, and will again.
'He could only state, that though seen among the Unionist rioters, he was there under compulsion; that he and his mates, who had come from Tandara, had determined, after seeing the unfair way in which the sheds that "shore Union" had been ordered out, to cut loose from the tyranny. But they had been captured by the rioters at Moorara; made to carry arms and stand in front, where they were nearly being shot. As God was his Judge, he never fired a shot or meant to fire one. He would far rather have emptied his gun at the fellows who had robbed and ill-treated him—for his horses, saddles, and swag were "put away," he believed, his cheque and loose money were gone, and he had nothing but what he stood up in. What call had he to hurt the boat, or any one aboard her? It was the other way on. The witnesses had perjured themselves, particularly Janus Stoate, who had eaten his bread and borrowed money from him in times past, and now was swearing falsely, to ruin him, and rob his wife and children of their home. He had no more to say.'
Unluckily for poor Bill, several of the accused, who were guilty, had made substantially the same defence. They were proved, by the evidence of the crew of the Dundonald and the police, to have been actively aiding and abetting in the outrage. One, indeed, who tried to look virtuous and made a plausible speech, had been seen pouring kerosene over the doomed steamer, preparatory to her being set on fire.
This prejudiced the Bench against all defences of the same nature as Bill's. He might, of course, have called on his mates, who had left the Tandara shed with him, resolving to sever all connection with the Union. They would, of course, have been able to corroborate his story, and have ensured his discharge. But, here again, Fate (or else blind Chance, which she too often resembles) was against him. 'Fortune's my foe,' he might have quoted, with reason, had such literary morceaux been in his line.
One of the shearers from Tandara, being a smart bushman, had escaped, in the uncertain light and confusion of the mêlée, and discovering the horses of the party, feeding by themselves, in an angle of the station fence, caught the quietest of the lot, annexed a stray halter, and ran them into a yard. He then returned to the insurgents, and mingling with the crowd, managed to warn his comrades, except Bill, who was wedged in between two armed men, with another at his back, by special instruction of Stoate. Leaving unostentatiously, they escaped notice, and providing themselves with saddles and bridles from the numbers which lay on the ground outside of tents, or on horizontal limbs of trees, departed quietly, and by sundown were many a mile away on the road to the next non-Union station. They would not have abandoned their companion had they the least idea of what he was likely to undergo at the hands of the law; but the last thought that could have entered into their heads would be that he was liable to arrest and trial in connection with the burning of the steamer. So, believing that they might run serious risk by remaining among the excited, dangerous crowd, at the same time being powerless to do him any good, they decided to clear off.
As there was sworn evidence to incriminate him without available witnesses to testify in his favour, the Bench had no alternative but to commit William Hardwick for trial at the next ensuing Assize Court, to be holden at Wagga Wagga. Thither, with the other prisoners, ruffians with whom he could neither sympathise nor associate, was poor Bill, manacled and despairing, sent off in the up-river coach, a prey to anxiety and despondent imaginings.
What would be Jenny's feelings when she saw in an extract from the Wilcannia Watchman, too faithfully copied into the Talmorah Advertiser:—
'Outrage by Unionists.
'Burning of the "Dundonald."
'Arrest and trial before the Bench of Magistrates at Tolarno. William Hardwick, John Jones, J. Abershaw, T. Murphy, and others, committed for trial at next Assize Court. Severe sentences may be looked for.'
Jenny's distress at this announcement may be imagined. She had not heard from Bill since he left Tandara, at which time he had written in good spirits, mentioning the amount of his cheque, and his resolution to cut loose from the Shearers' Union (which he was sorry he ever joined), and more particularly from Stoate and all his works.
'It's that villain, and no one else,' cried poor Jenny. 'I knew he'd do Bill a mischief before he'd done with him—a regular snake in the grass. I'd like to have a crack at him with a roping pole. He's worked round poor Bill, some road or other, who's that soft and straightforward, as any man could talk him over—and yet I wonder, after what he wrote——'
And here Jenny took Bill's last letter out of her homely treasure-chest, read it once more and cried over it, after which she dried her eyes and changed her dress, preparatory to seeking counsel of Mr. Calthorpe, the banker in the township. This gentleman received her sympathetically, and heard all she had to say, before giving an opinion.
In small and remote centres of population such as Talmorah the bank manager is, even more than the clergyman or the doctor, the 'guide, philosopher, and friend' of the humbler classes, whom he chiefly advises for their good, and, in moderation, aids pecuniarily, if he can do so, with safety to the bank. He is often young, but, from a wider than ordinary outlook on men and affairs, endowed with discretion beyond his years. For Jenny and her husband he had a genuine liking and respect, based chiefly on his knowledge of character, but partly on the creditable state of Bill's bank account.
'It's a bad business, Mrs. Hardwick,' he said, when Jenny had concluded her story in a fit of weeping, which she could not restrain. 'And Bill's the last man I should have expected to be mixed up with this affair. It's wonderful what harm this strike business is doing all over Australia. However, it's no use thinking of that. The question is, how to help your husband out of the trouble, now he's in it. He's only committed now—which doesn't go for much. It's the trial before the Judge and Jury we have to look to.'
Here Mr. Calthorpe took down a file of newspapers and looked through them. 'Yes, I thought so; to be tried at next ensuing Assize Court at Wagga. You'd like him to have a lawyer to defend him, wouldn't you?'
'Of course I would,' replied the loyal wife. 'We've worked hard for our bit of money, but I'd spend the last shilling of it before Bill should go to gaol.'
'Quite right. Bill's man enough to make more—his liberty's the main thing. Well, I'll send a letter by this night's mail to the Manager of our bank at Wagga and ask him to see Mr. Biddulph, the solicitor—I was stationed there years ago—and he'll get him off if any one can. Money is wanted, though, to pay witnesses' expenses—you must be prepared for that.'
'Whatever's wanted, let him have, in God's name,' Jenny cried recklessly. 'You know Bill's good for it, sir, and I've butter-money saved up of my own. Bill always let me keep that. I've got it in this bag. It will do to begin with.'
'Never mind that,' said the banker, good-humouredly. 'I have your deeds, you know, and the balance is on the right side of your account. So don't be down-hearted, and I'll let you know as soon as I hear from Biddulph. Good-bye, and keep up your spirits; fretting won't do you any good, or Bill either. All right, Mr. Mason,' he said, as his assistant, after knocking, looked in at the door; 'tell Mr. Thornhill I can see him in a minute.'
'I'll never forget your kindness,' said Jenny, as she shook hands warmly with the friend in need. 'You'll let me know directly you hear anything.'
'You may depend on that. Good-bye till Saturday; the up-river mail will be in then.' As she passed out, a stoutish, middle-aged man came in.
'Morning,