Peter Lalor jumped onto a stump and asked those around him to take an oath to the Southern Cross[citation needed].

He pointed his right hand towards the Southern Cross and delivered the diggers oath: We swear by the Southern Cross to stand truly by each other and fight to defend our rights and libertiesThe miners shouted 'Amen' and then marched back to the Eureka Stockade and hoisted the flag on a makeshift flagpole at the centre of their camp.

He was mortally wounded during the early phase of the battle and lay dying at the foot of the Southern Cross when trooper King scaled the flagpole and tore the flag down.

Fellow Canadian, Doudiet who painted earlier Eureka events, recorded that he was among those who carried the stockade leader to the nearby Star Hotel and remained with him until he died "in great pain" at 2 am on 5 December 1854.

Ross' father and grandfather had both been soldiers and his mother was apparently ashamed of his part in the rebellion and only ever mentioned that he "just died".