upon what Fortune might throw in their way. They were armed in manifold manner—two or three of them with broad palings, others yvith bludgeons, and one yvith a poker; whilst he yvho 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 yvhat was then known as the River Townend, after a grocer w h o 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. T o yvork then they yvent literally vi et armis, but had not progressed far in their intended yvrecking, yvhen some of the police, and a brace of night-yvatchmen appeared. They quietly begged of the gentlemen to drop their mischief, and go h o m e in peace to bed, yvhen 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 knoyv yvhat the the constables had to do yvith him ? " A general engagement immediately commenced, and thefirstm a n d o w n was an old constable named Corrie, w h o yvas capsized by a back-hander from White, yvho, either from the impetus of the blow, or the whisky-toddy he had been imbibing, tumbled on the top of the peace-preserver. White yvas soon himself again, and fell foul of a little podgy sergeant well-knoyvn as Syvindell, w h o m he punched tremendously. Another of the "skylarkers" recognised as M r . Peter S s, yvas a sort of free-lance, hitting out right and left "for fun," and punishing both his friend and foe with great impartiality. T h e leader of the M o h a w k s (identified as a Mr. Henry Wheeler) played "poker" in a style yvhich rather astonished the thick heads and shoulders of some of the police, three of w h o m tackled him on the bridge, but got paid offfortheir intrepidity ; for one of them (Higgins) received " one for his nob," and the others yvere treated to contused arms. Higgings yvas 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 syvim 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. T h e police yvere 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. T h e poker was to Wheeler yvhat his hair was to Samson; and having lost it, it yvas all up with him. White, Wheeler, and S s were m a d e prisoners of ivar, and marched off in triumph to the watch-house. T h e other night-birds escaped. T h e rioters were charged at the Police Court next morning, when the evidence against S s yvas trifling, and he was therefore let off scot free. White was fined £ 5 , but AVheeler's conduct was proved to be so outrageous that the magistrates declined to deal with him summarily, and he yvas 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 m a d e to effect a compromise—but to no purpose. T h e traverser, w h o 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 c o m m o n assault. T h e 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. T h e judgment of the Court was three months' imprisonment, a fine of £ 5 0 , and to find two sureties of £ 1 0 0 each to keep the peace for tyvelve months, with further imprisonment until the pecuniary requirements yvere satisfied. T h e 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 yvas understood that Higgins had been compensated by yvay of erieforthe serious injuries he sustained. H e remained for several years aftenvards in the police force. A
M A G I S T E R I A L H O R S E - W H I P P I N G . — 1 7 T H A P R I L , 1844.
M'Crae
v. Foster,
Tried before Judge Jeffcott and a special jury of twelve, yvas an action for assault and battery; damages, £ 2 0 0 0 . T h e assault yvas admitted and £ 1 0 paid into Court. Counselforplaintiff, Messrs. Cunninghame and Williams; for defendant, Messrs. Barry and Stawell.
