It was a busy week for Redmond Barry and John Ireland. On the same day Bentley and his co-convicted were sentenced, Thomas Fletcher, Andrew McIntyre and John Westoby were in the dock. This was a different sort of show trial. The government desperately needed a win after the Eureka Hotel riot. In the mind of the diggers’ leadership, though, the conviction of James Bentley justified the action of the mob in burning down the hotel.
The howls of protest were now coming from all quarters. The grievances at Ballarat had quickly gone from begging letters about poverty and taxation to calls for self-government—even secession from the Crown.
Hotham was eager to claw back some control of the good ship Victoria, which was veering dangerously off-course. Added to the public pressure was the fact that the military reinforcement of Ballarat was costing him a fortune, just when London was looking for him to cut costs and balance the books.
In the trial of McIntyre, Fletcher and Westoby, the jury deliberated for over five hours. A defence of provocation had been mounted, citing the wrongful conduct of the Ballarat officials; Justice Barry rejected it. It was no big surprise when all three accused were found guilty of assembling together unlawfully, riotously and tumultuously.
Then the jury added a rider to the verdict: if the government at Ballarat had done its duty properly, the jury would never have been called upon to perform this painful obligation. The hushed courtroom exploded in cheering.
Barry was unmoved. He expressed particular disgust about the horses that had been burnt to death in the hotel blaze and sentenced Andrew McIntyre to three months in Melbourne Gaol, Fletcher to four and Westoby to six.
Richard Ireland had seen six clients jailed in the space of two days. He would get the chance to redeem himself sooner than he knew.