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115 LXXXIX.

"SUPREME COURT.

"(Before his Honour the Chief Justice,)

prisoner, Raffaello, on his trial being postponed, wished to address His Honour. He said that he was a native of Rome, and hoped that the same good feeling would be shown towards him in this colony as in old England. If his witnesses were there, he would be able to leave the dock at that moment. He hoped that His Honour would protect him by seeing that his witnesses were served with subpœnas.

"His Honour was not responsible for this. Prisoner's attorney was the party, and he must speak to him. It is the business of your attorney to get these witnesses."

The following advertisement appeared in The Age, February 24th, 1855, immediately above the leading article of said day:—

STATE TRIALS.

"The trial of Raffaello has been postponed on account of the absence of Dr. Alfred Carr, Mr. Gordon, of the store of Gordon and M'Callum, and other witnesses for the defence. It is earnestly requested that they will be in attendance on Monday morning at latest.

4em

"Solicitor for the defence."

The following letter, and comment on it, appeared in The Age, March 16th 1855:—

...."I was, Mr. Editor, present at Ballaarat on the memorable morning of the 3rd of December, and in the pursuit of my usual avocation, happened to meet Raffaello, now one of the state prisoners, on the Red-hill, he being then in search of Dr. Carr's hospital..... We were directed the hospital, and soon returned to the Eureka, Raffaello bringing Dr. Carr's surgical instruments. We entered the stockade, and saw many lying almost dead for want of assistance and from loss of blood, caused by gun-shot and bayonet wounds. I did not remain long in the stockade, fearing if found there at that time I would be arrested. I made my escape; but poor Raffaello, who remained rendering an act of mercy to the dying, would not leave. He might, during that time, have easily made his escape, if he wished to do so; and I am sure, ran no inconsiderable risk of being shot, through the constant explosion of fire-arms left in the stockade by the diggers in their retreat.

"J. B."

"Melbourne, 15th March, 1854."