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=== Murder of James Scobie and the burning of the Eureka hotel === {{Main|James Scobie}} [[File:Doudiet Eureka Riot - Burning of Bentley's Hotel 1854.jpg|thumb|250px|Charles Doudiet's sketch of the burning of Bentley's Hotel, entitled ''Eureka Riot 17th October (1854)'']] In October 1854 James Scobie was murdered outside the Eureka Hotel. Johannes Gregorius was prosecuted for the murder. A colonial inquest found no evidence of culpability by the Bentley Hotel owners for the fatal injuries amid allegations that Magistrate D'Ewes had a conflict of interest presiding over a case involving the prosecution of Bentley, said to be a friend and indebted business partner.{{sfn|Corfield|Wickham|Gervasoni|2004|p=151}}{{sfn|Carboni|1855|pp=39-40}} Gregorius, a physically disabled servant who worked for Father Smyth of St Alipius chapel, had been in the past subjected to police brutality and false arrest for licence evasion, even though he was exempt from the requirement.{{sfn|Carboni|1855|pp=38-39}} On 15 October, a mass meeting of predominantly Catholic miners took place on Bakery Hill in protest over the treatment of Gregorius. Two days later, responding to the acquittal, a meeting of approximately 10,000 men occurred near the Eureka Hotel in protest. The hotel was set alight as Rede was pelted with eggs. The available security forces were unable to restore order.{{sfn|MacFarlane|1995|pp=192-193}}{{sfn|Bate|1978|p=59}} On 21 October, Andrew McIntyre and Thomas Fletcher were arrested for the arson attack on the Eureka Hotel.{{sfn|MacFarlane|1995|p=193}} A third man, John Westerby, was also indicted. A committee meeting of miners on Bakery Hill agreed to indemnify the bail sureties for McIntyre and Fletcher. As a large mob approached the government camp, the two men were hurriedly released under their own recognisance.{{sfn|MacFarlane|1995|p=193}} Around this time two reward notices were distributed around Ballarat. One offered a 500-pound reward for information leading to an arrest in the Scobie murder case. The other announced the reward for more information about the Bank of Victoria heist in Ballarat that was carried out by robbers wearing black crepe-paper masks, and which was increased from 500 to 1,600 pounds.{{sfn|MacFarlane|1995|p=191}}{{sfn|Carboni|1855|p=37}} Rede received a miner's delegation on 23 October which had heard that the police officers involved in the arrest of Gregorius would be dismissed. Two days later, a meeting led by Timothy Hayes and [[John Manning (journalist)|John Manning]] heard reports from the deputies sent to negotiate with Rede. The meeting resolved to petition Hotham for a retrial of Gregorius and to the reassignment of the assistant commissioner Johnston away from Ballarat.{{sfn|MacFarlane|1995|p=193}} On 27 October, Captain [[John Wellesley Thomas]] laid contingency plans for the defence of the government outpost. In the weeks leading up to the battle, men had already been aiming musket balls at the barely fortified barracks during the night.{{sfn|Corfield|Wickham|Gervasoni|2004|p=209}} On 30 October, Hotham appointed a board of enquiry into the murder of James Scobie to sit in Ballarat on 2 and 10 November. The panel included Melbourne magistrate [[Evelyn Sturt]], assisted by his local magistrate Charles Hackett and William McCrea. After receiving representations from the US consul, Hotham released James Tarleton from custody.<ref>{{cite news |url=https://trove.nla.gov.au/newspaper/article/4799943 |location=Melbourne |newspaper=[[The Argus (Melbourne)|The Argus]] |title= Ballaarat |date=7 December 1854 |access-date=21 May 2022 |page=6 |via=[[Trove]] }}</ref> The inquiry into the Ballarat rioting concluded with a statement made on 10 November in the name of the [[Ballarat Reform League]] that was signed by [[John Basson Humffray]], [[Fredrick Vern]], Henry Ross and Samuel Irwin of the ''Geelong Advertiser''. The final report agreed with the League's submission, blaming the government camp for the unsatisfactory state of affairs. The recommendation that Magistrate Dewes and Sergeant Major-Milne of the constabulary should be dismissed was acted upon.{{sfn|MacFarlane|1995|p=193}} On 1 November, around 5,000 miners gathered in Bendigo, as a plan was drawn up to organise the diggers at all the mining settlements, with speakers openly advocating physical force addressing the crowd.{{sfn|Corfield|Wickham|Gervasoni|2004|p=xii}}
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