Herald at KellyGang - 8/8/1880 (3)
Examination continued: Kelly replied to me “All right I like to see it takes in such good part.” I asked him what he wanted. He said, “I want some feed for my horses,” and I said, “All right there is plenty here,” he went outside and held up his hand, and other two men came down, leading four horses. I did not know their names at that time. I was in their company all that day, that night and the next day. I did not hear them called by any names. I was in company along with the prisoner and the two other men I have spoken of and another man all that night and part of next day. Up to the time they said they were going to the bank. They went away between 2 and 3 o’clock on the afternoon of the 10th December. Three of them left then, and the fourth remained behind. When the two men leading four horses came up on the Saturday, in response to the prisoner’s signal we all went into the stable, and the two men who led the horses in, put them into the stalls.
Mr Gaunson protested against this evidence. Up to this there had not been a single word about Lonigan. He asked his worship to bring them to the point at once.
Mr Chomley said that they must fix the occasion.
Mr Foster said he could not take the case out of the hands of a Crown prosecutor.
Examination continued: While the two men and a station hand were feeding the horses the prisoner and myself were in an empty stall. We had a conversation I said, “What about these police murderes.” Prisoner replied, “We were behind a log, and I told Dan I would cover McIntyre, and he was to cover the other man. As soon as this was done, I called out, “Bail up, put up your hands.” M’Inyre did so, but Lonigan made off for the logs, and got down among them. He then raised his revolver and rested it over a log, over which he was preparing to shoot. As soon as he did I took my rifle off M’Intyre and fired at Lonigan. The ball grazed him and he fell behind the logs. Lonigan’s hands were then raised above the logs, and as soon as his head appeared I fired again, and shot him through the the head.” While the prisoner was describing this he raised his hands to show me how Lonigan raised his. The prisoner continued: “I then sent two men back to our own hut, fearing a surprise there. I sent Dan over to a green rise to watch for the police coming in. While I was talking to M’Intyre by the fire, they appeared in the opening. I had just time to fall on my knees close to the fire. The fire was nearly burning my knees. M’Intyre then went over to Kennedy and spoke to him when Kennedy smiled. I immediately called out, “Bail up, throw up your hands,” when Scanlan swung his rifle round and fired. I then fired at Scanlan, and he fell forward on the horses neck. I still kept him covered, thinking he was shamming, when the horse moved, and he rolled off. During this time Kennedy had dismounted on the off side of his horse, and laid his revolver over the horse’s back. He fired at Dan Kelly as he came running up and the shot grazed him on top of the shoulders. M’Intyre then jumped on Kennedy’s horse and rode away. Kennedy then made for the tree, still firing; and made from that tree to another one, still firing. The reason Kennedy got so far was that I had taken up Scanlan’s rifle, but had to throw it away again, as I did not know how to use it. I still followed Kennedy up, when he stepped out from behind a tree. I thought I was then done for. As he fired the bullet grazed my ribs. I immediately fired and hit him on the shoulder as he was getting back behind the tree. Kennedy then ran, and I followed him. When he wheeled round and ross his hands, I fired and shot him through the cheat. When I hit him in the shoulder he must have dropped his revolver and his blood ran down his arm and formed a large clot at his hand, which I took to be his revolver. Knowing he had one shot left when I reeled round. I thought he was going to fire, and I shot Kennedy but I knew afterwards he was only throwing up his hands.” That was all the prisoner said as that night. During the night of that day (9thDecember) I was locked up in the store, at Faithful Creek. Prisoner and one of the other man were there, and they kept us there.
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