The Argus at KellyGang 5/11/1872 (2)
Constable Ward, who is stationed at Beechworth, deposed, - In company with the boy Arthur Jessop I was at Peter Brady's place on Monday last. There were seven horses in the paddock. Previous to going there the little boy had given a very particular description of two horses, In presence of myself, Superintendent Barclay, and Detective Christie, be picked out the two horses that he had previously described. He picked out the horses without any hesitation or instruction. The horses that he picked out answered the description previously given in every particular. I took possession of the horses and brought them to Beechworth. Peter Brady, jun., pointed out the horses as belonging to prisoner Smith and his brother Thomas Brady. Peter Brady, sen., also identified them as belonging to Smith and Thomas Brady. The horses were unshod.
Patrick Ryan, landlord of the Empire Hotel, Chiltern, deposed, - I know the prisoners Thomas Brady and James Smith. I saw them on the 18th October, between 10 and 11 o'clock at night. I knew Brady, but I did not know Smith then. The prisoner in the box is the man I saw in company with Brady. We had some conversation about horses. Brady asked me whether I knew of anyone who had a good saddle horse for sale. He wanted to have a deal with me, but declined.
Constable Strahan , stationed at Eldorado, deposed, - I received information of the Wooragee outrage and went in search of the offenders. Know the three prisoners. From information received I went to Chiltern, and afterwards to their place at Watchbox Swamp . In company with Sergeant Chadwick and Constable Nixon arrested the prisoners. I told them what they were charged with. I spoke first to Smith, and said that he answered the description of the man who fired at Mr Watt, of Wooragee, with intent to kill. I asked him where he had been on Monday. He said, "At Eldorado, and on Monday night I slept at Peter Brady's house near Chiltern; on Tuesday night I slept at the Deep Creek." I asked him who had slept with him. and he said, "Tom Brady and William Heppannstein." I then went to Heppannstein and asked him where he had slept on Monday night. He said at Peter Brady's, near Chiltern.
Asked him where he had slept on Tuesday night. He said at Peter Brady's near Chiltern. Asked him who had slept in the house. He replied, "Tom Brady, James Smith, and the old man." I then went to Tom Brady. Asked him whore he had slept on Monday night. He replied, "At home at the old man's, near Chiltern." Asked him where he had slept on Tuesday night. He replied that be had slept at the Deep Creek, and that James Smith and William Heppannstein were with him. Each of these statements were made apart by the prisoners, who were then arrested. Took them to the lockup at Chiltern. Previous to arresting the prisoners I went to the house of Peter Brady, senior, at Skeleton Creek, near Chiltern. Saw Peter Brady, senior, close to the house. Asked him whether his son Tom was at home. He replied, "No." Asked him when he had been at home. He replied that he had left on Monday and returned on Wednesday.
I searched the place, and found a box there, locked. I asked old Brady for the key, and said that I would break it open if he did not produce it. He asked me to wait for half an hour, as his son Tom had promised to come back that evening and split a log for him. I went into Chiltern, leaving Sergeant Chadwick in charge. When I returned Tom Brady was there. I took the net produced from off the hat he was wearing. Searched his bedroom, and found a box of shot and caps, also the green veil produced. At the time of the arrest I noticed some horses in the paddock. They are the same horses that are now outside the court - a brown mare and black horse. They belong to prisoners Brady and Smith. Have frequently seen them riding the horses.
Witnesses were called to prove that the deceased on his deathbed had identified Smith as one of his assailants, and had declared that Heppannstein was very like one of the men.
Other' evidence having been taken, the decision of the Bench was postponed until a further charge ogainst the prisoners of rob- bery under arms had been heard. The evidence in the latter case was similar to that which had already been given, but fewer witnesses were examined. The examination was concluded late in the day.
The usual caution having been administered by the Bench, the prisoners, as in the former case, said they had nothing to say. All three, James Smith, William Heppannstein, and Thomas Brady, were then committed to take their trial at the next Circuit Court to be held in Beechworth, for willful murder. They were also committed to take their trial at the same court for robbery under arms.
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