The Ovens and Murray Advertiser 11/2/1879 (2)
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see previous Mr Wyatt said this was an ad captandum argument, not worthy of Mr Zincke. A man could swear an information on information received, and he would scatter such an argument to the winds.
Mr Zincke continued: The police swore that they had heard a man say he had seen the Kellys, and would breakfast with them. Was that sufficient evidence to keep the men?
Mr Wyatt: “Who said it was? This is all rubbish, and we are not here to bandy words.”
Mr Zincke asked to have the information read.
Mr Wyatt: “I decline to read it.”
Mr Zincke: “Thank you for your courtesy; can I hear the remand warrant read?”
Mr Wyatt: “Yes”
Mr E N Moore, assistant clerk of courts, then read the remand warrant.
Mr Zincke said, with regard to a further remand, it was applied for on two grounds – that the police required as witnesses were out after the outlaws, and that it would be dangerous to bring forward the civilian witnesses, on account of the Kelly scare. The men had been five weeks in custody. He asked was the liberty of the subject to be titled with, on a rotten information, which contained neither place nor date.
Mr Wyatt: “The date is immaterial.”
Mr Zincke: “Then I shall have to go to the Supreme Court.”
Mr Wyatt: “The sooner the better.”
Mr Zincke: Here were men kept in custody without any evidence being brought forward against them, whilst all that time their crops were rotting in the ground, and their families very likely suffering. Was this their boasted liberty of the subject. He knew that one of the men was actually at feud with the Kellys, whilst his wife was near her confinement. Could he then go into the streets, and meet a Frenchman, or a German, or an Italian, or a Russian, and to them boast of English freedom? Was that law? Did anyone ever hear anything like it?
Mr Wyatt: “No”
Mr Zincke: Why could not the Government suspend the Habeas Corpus Act, and then they could arrest anyone, but so long as it was in operation, the whole proceedings were absurd and monstrous. Was the Crown supreme? If a remand was to be granted, he would ask that it would be granted for seven days, in order to give him time to go to town to test the case.
Mr Wyatt: “Why could you not have said this in the previous case?”
Mr Zincke: “I was not told. Is not the Crown the fountain of honour?”
After some conversation, during which Mr Wyatt complained of having to come to Beechworth two days, prisoner was remanded until Saturday next.
Mr Bowman said the case held against Pope would settle the matter as to time and place.
Mr Wyatt: “I know the case. The more erroneous I am and the mere right you are, the better right have you to apply for a writ of habeas, and it would be a great relief were you to do so.”
James Quin was brought up and before remanding him Mr Wyatt said: “I would sooner let you go than any of the others, did I not think it better for you to remand in gaol. The devil has got hold of a halter at one end and I at the other, and if I let go, you would probably be hung. For your own sake I will remand you for seven days.
Francis Hearty, Richard Strickland, John Quin, James Lloyd , Michael Haney, John Hart, Daniel Clancy, Joseph Ryan, and John McMonigal were then brought up and remanded.
On Isaiah Wright being put into the box Mr Wyatt said: “Wight you and I have met before.”
Wright said, “There is no fear of the Kellys killing me if I was out. You will not get the Kellys until Parliament meets, and Mrs Kelly is let go, and Fitzpatrick lagged in her place. I could not have done much, as for four months before I was taken the police had their eyes on me.”
Mr Wyatt, “I would give you fair play if I could.” Remanded for seven days. (JJK)
James Clancy was then brought up.
Mr Wyatt said it was a pity to see one so young in such a position.
Clancy: “Why the Kellys are men I know nothing about.” Similarly remanded.
Superintendant Hare said as the others had been remanded for seven days, it would be as well if Thomas Lloyd was remanded for the same period.
Lloyd was then brought up and remanded to Saturday next, and the proceedings terminated.
CRICKET
This match, played at Beechworth on Saturday last, resulted in a victory for Myrtleford on the first innings by 5 runs, though had the game been played out the result might have been different. Myrtleford, therefore, bore away the cup; and, under the circumstances, we congratulate them. The less said about the game the better, as on the part of both sides it was marked by conduct the reverse of cricket like. The following was the score:-
Beechworth – First Innings
F Brett, run out ..................................3
D Ryan b J Paul .................................8
Smithers b Brown .............................11
Campbell run out ................................0
C Hutton b J Paul ..............................4
Goldsworthy st Puzey b J Paul ...........1
F Moore not out ................................6
Morres c McKenzie b J Paul .............2
Miller b J Paul ...................................1
Norman b J Paul ...............................0
E Moore b Brown ............................0
Byes .................................................3
........................................................39
Second Innings
D Ryan c J Paul b Brown ...................0
C Hutton c Brown b J Paul ...............18
Smithers b Brown ..............................0
Canpbell b J Paul .............................32
Goldsworthy b J Paul .......................13
F Moore not out ..............................33
Miller b Brown ..................................3
Morres hit wicket, b Brown ...............0
Norman b Brown ..............................0
F Brett, not out ..................................9
E Moore c and b J Paul .....................0
Sundries ............................................6
......................................................114
Myrtleford – First Innings
McKeone c Goldsworthy b Miller ......9
Clancy run out ...................................0
James Paul c F Moore b Miller ..........9
Puzey c Morres b Miller ....................9
S Paul st Ryan b Miller ......................8
McHenry b Miller ............................. 0
Joseph Paul c Ryan b Miller ...............0
Brown b Morres ...............................1
William Paul b Morres .......................3
McKenzie b Miller ............................2
J Aiton not out ..................................0
Byes .................................................3
........................................................44
Second Innings
McKeone c Goldsworthy b Morres ...1
Clancy b Miller .................................2
McKenzie b Morres ..........................0
William Paul c Hutton b Morres .........4
With six wickets to fall 7
end
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