... part of the KellyGang story
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Ned Kelly’s is in Beechworth, and is staying at the Hibernian Hotel, where Mr D Gaunson and Mr Wm Gaunson are also staying.
She is a very handsome young women, but declines to state her name.
McIntyre is suffering acutely. His lungs are much affected, and he presents a most cadaverous appearance, and apparently keeps up with great difficulty. Mr Graves, MLA, arrived by the train last evening. Mr David Gaunson is most assiduous in his attention to the prisoner, and not only has a long interview with him every evening, but is also closeted with him for some time in the cell at the Court-house before the court opens. Of course nothing of transpires can be communicated.
On the court resuming Constable McIntyre was recalled, and came in evident in a very weak state. He was accommodated with a seat in the witness box. He proceeded with his evidence, which was almost, word for word, identical with that given in the hearing of the charge of shooting Lonigan. He however, added that the fire at the camp in the Wombat Ranges was made at a place where two logs lay across one another, and it was behind one of these that the prisoner concealed himself, placing witness the other side. Kennedy and Scanlan were about a hundred yards off when first seen returning, and Kennedy was slightly in advance of Scanlan. McIntyre said he did not know whether Scanlan was within hearing when he told Kennedy they were surrounded, and asked him to surrender.
Kennedy evidently thought it was a joke, even when he heard the prisoner challenge to be, “Bail up ” ? ? to the murder of Scanlan. Witness said: After Kelly had fired at Scanlan the prisoner threw down his discharged gun, and picked up another. I saw him point it at Scanlan, and heard him fire. Scanlan was dismounting when he was fired at, and became somewhat flurried, and fell upon his knee. He tried to rise and take the rifle from his shoulder, but missed his footing and fell on his hands and knees. Then it was that the prisoner fired the shot that took the effect on Scanlan’s right arm. I saw a large blood
top spot under the right arm. He had a light grey coat on. The shot made Scanlan fall over on his back on the ground. Scanlan never fired. He never got the rifle into his hands. The rifle was strapped on to his shoulder. I did not see anything of Scanlan after he fell over on his back. While this was going on the mates of the prisoner had advanced to the opening. I heard two other shots besides the prisoner’s, and immediately afterwards another.
In the course of a lengthy cross-examination by Mr Gaunson the witness said: The prisoner could have shot me if he had chosen. He could have taken my life at any time. I had a watch and some money, and he could have taken them if he had liked. Scanlan and Lonigan I think had silver watches. I had no warrant, but Sergeant Kennedy said he had one. We went to arrest the prisoner for attempted murder in shooting Constable Fitzpatrick. I have said that the utmost we expected was some resistance. It depended upon how we took the two Kellys, and there was no certainty that we would find them at all. I never heard Sergeant Kennedy say we must be prepared for the slightest resistance.
I knew that another party of five, under Sergeant Steele had started from Greta for the same purpose. I never heard that the two parties were to meet at the place where we were camped. I understood that we were to meet at the Heide Police station, about fifteen miles from where we were camped. Our police revolvers are six shooters. They never kill anything. I think they would hit pretty hard at sixty or seventy yards. We also carried a Spencer rifle and a double-barrelled fowling piece. The fowling piece was borrowed by Sergeant Kennedy from the Church of England clergyman. When Kennedy and Scanlan left, the former had the Spencer rifle, but when they returned Scanlan had it. We slept in the tent the previous night. We all slept at once, not keeping watch. Our revolvers were off during the night.
Next day I did not carry a revolver at all, and Lonigan did not during the earlier portion of the day, but I know he had it on when he was shot because I saw it on him while he was carrying wood. I did not carry my revolver because it would have been inconvenient to do the work I was doing with it. I was cooking, baking bread, drawing wood, and other work. I do most certainly swear I did not have my revolver on, and that it was not taken from me while my hands were up. I heard Lonigan running when he was shot. I do not know what I would have done if I had my revolver upon me.
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