Herald (36)

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The Herald

10/08/1880

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I asked if the Kellys were about, and he said they were (Laughter) Tennent came up and said to me, (Harry, what’s the matter? I said, “The Kellys are about.” Hw said, :Let’s get into the cart and load the guns.” Edward Kelly would not let us get into the cart, and very wise of him too. (Laughter) We were taken to the home station, and comfortably locked up till 10 o’clock with a bucket of water and a dipper to drink it from. (Laughter) Kelly showed me a pair of handcuffs, and said he would put them on me if I was not quiet. I can assure you that I was quietned. (Laughter) I though I would not have that disgrace I am an old man, but I never was in court, or ever gave any offence but appearing here. We had a fowling piece and a needle rifle. I don’t know how the rifle was fired because having my own gun I did not notice it. The glory of it was that, before we met Kelly, a gentleman had taken a fancy to my gun and I sold it to him, so I did not lose. (Great laughter)

Edward Richard Living deposed: In February, 1879, I saw teller of the Bank of New South Wales at Jerilderie. I am still in the employment of the bank in Melbourne. On the 10th February, 1879, I was in  the bank at Jerilderie. I saw the prisoner. I first saw him in the backyard. He came in the back about 12 o’clock. He was armed, and was accompanied by three other men, all armed with revolver. Prisoner said they were going to stick up the bank and wanted the money. They occasionally held out  their revolvers to threaten to shoot us if we did not do what ever we were told. They did rob the bank. I heard the prisoner afterwards generally addressing a number of people in the bar of the hotel. He spoke of the murders of the police at the Wombat and showed a revolver, which he said had been taken from the police that had been shot. I could not swear definitely that he mentioned it as being taken from any one of the police.  He said the gun he shot them with was an old one but very good and bound up in some way with string or wire. I could not say which, but I understood him that the stock and the barrel were bound together. He said it was a very good one and he could shoot round a corner with it. He told all this to the people in the bar in an ordinary tone. I went to say something to him in reference to the bank’s books. He said “You come along with me then,” and I had to go with him. He asked Richards who accompanied us where the newspaper office was. Mr Gill is the proprietor of the newspaper. He said, “Come and look for this man.” I know where Gill’s place was and went to it with him. Mrs Gill was there and Kelly asked her where her husband was. She said she did not know, and he said he wanted him to print something for him. She repeated that she did not know where, and he produced a roll of manuscript. As Gill was not there, I said  “Give it to me.” After some hesitation he gave it to me, and said, “Get it printed, it is a bit of my life.” I had not time to finish it. I will do so some other time. I don’t know that he stipulated who was to print it. But I suppose he meant that it was to be printed by Gill/ I put it in my pocket/ Part of it has been published. The part that was published referred to  the police murders at the Wombat Ranges. I kept the document until a few days since, when I gave it to Sub-inspector Kennedy.

Mr Smyth said that was the document he had referred to in opening the case as one regarding the admissibility of which there might be some questions, and he would not seek to put it in at present.

Mr Gaunson: I recognised the prisoner the moment he was coming into court. I was in company with these four men for about three hours. Dan Kelly was a short man, clean shaved, with very white skin. Byrne was a man about five feet ten and a half, with a sort of sandy fairness. Hart was a young fellow about twenty whom had he been knocking about I would have taken for a station hand. I have made no written statements to any one.? ? ? ? ? ? by reporters of the Melbourne journals, and made one statement which was taken by them, all The Herald reporters and others alike,  they made their own versions. I have never made any complete statement to the police. Police officers interviewed me, and asked me a few questions but I chiefly volunteered. It was Mr Kennedy I saw. A constable came to the bank, and I went with him to the Telegraph Office. Mr Kennedy was there and asked me a few facts. When ? on subsequent occasions Mr Kennedy was writing, he read over to me something that he said he had copied from a newspaper. I will swear positively the man I met in the back yard of the bank was the prisoner. Hart might also have been there. I asked Byrne was that Ned Kelly when I saw Kelly coming towards me. He said it was.

The court adjourned for an hour for luncheon

end

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