Herald at KellyGang - 8/8/1880 (4)
CROSS EXAMINED
To Mr Gaunson: At the date of these occurrences I was in the employ of Mr Younghusband and remained with him till the end of 1879. I made a statement of the conversation to Detective Ward at the time, and he wrote it down in his note book. I did not see what he wrote, but he read over to me what he said he had written. I didn’t have any conversation with any of the men who came with the prisoner. I have not carefully read Saturday’s papers. I did not read the whole of M’Intyre’s evidence. I have spoken to M’Intyre several times. I have said good day. On Friday M’Intyre asked me how Ned stated the murders to me the first time. I first saw M’Intyre to know him during the Glenrowan affair. I have never seen the statement Ward wrote down. I never wrote a statement myself and have given my evidence from memory. I have been in Beechworth since Thursday. I sop in the barracks. I am not in the custody of the police. I do not sleep at the expense of the Government. I pay the mess. I could leave if I wanted. I am not practically in the custody of the police. After going in the barracks on Thursday I did not leave that day or Friday. I was here all day in the witness room. I did not see Ward in that room, but I saw him in the passage. I have not been spoken to since Thursday by anybody about my evidence. On Friday M’Intyre asked me what I had to state. I told him Ned said he grawled down behind a log. (Witness here ? ? ? ? ? ? ? him up to the shooting of Lonigan) M'Intyre said that it is all wrong. He said that when he wheeled round he saw four men standing all with guns. M'Intyre said, “Lonigan never got down behind the logs at all, but simply made for one, but as soon as he commenced to run Kelly moved his gun and shot him.” That was all the conversation I had with M’Intyre. I gave my statement of the affair to Ward two or three days after the occurrence. I also gave a statement to Sergeant Deason. It was somewhere about the 6th July this year. After the Glenrowan affair Sergeant Deeros? came to me in Melbourne. He went to where I lived, and they told him where to find me. I gave him the statement at Abbott’s sale yards Bourke street west. We went into Abbott’s office. I got my subpoena on Wednesday last at Kalkalla. Constable Boyd delivered it to me. We had no particular conversation about the case. I can’t recollect what it was. Boyd did not ask me whether I could identify Kelly. He did not say anything about the great desire of the police to see the prisoner acquitted. He said that some people thought prisoner would be hanged, and others thought that he would not. Boyd did not say that in his opinion prisoner was an innocent man. He said that in his opinion he ought to be hanged. (Laughter) I have no strong opinion in this case. I do not think Kelly is an innocent man. I think that if all is true he told me he ought to be hanged. I believe all he told me. I am not in any employment at present. I have not been promised a situation under Government. I was at Glenrowan last June.
Mr Gaunson: What took you to Glenrowan?
Witness: Must I answer that question?
Mr Gaunson: Of course you must.
Mr Smyth: Not if his business was private
Mr Gaunson: I do not wish to press him as to his private affairs. Where you in Glenrowan on the Monday before 28th June”
Witness: I went to Glenrowan early in June.
Mr Gaunson: On private business?
Witness: Yes
Mr Gaunson: After seeing Kelly at Faithfull Creek, when did you next see him”
Witness: At Benalla, after he was taken there in the train from the Glenrowan affair.
Mr Gaunson: What were you doing there?
Witness: Must I tell that?
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