Kilmore Free Press at KellyGang 12/8/1880 (5)
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TRIAL OF EDWARD KELLY
Contrary to expectation, the trial of Edward Kelly the murder of Constables Scanlon and Lonigan, at Stringy Bark Creek, in October 1879, was not proceeded with at the Central Criminal Court on Monday. When Mr Justice Barry had taken his seat, and the prisoner was placed in the dock, Mr Bindon, jun., made an application for a postponement of the trial on the the ground that the prisoner was unprepared to go into his defence, through not having sufficient funds to employ counsel. Affidavits were produced explaining that, on the Court having refused to grant an adjournment on Friday last, Mr Gaunson, prisoner's attorney made application to the Attorney-General to provide £50 counsel's fee for the defence, but the application was referred to the sheriff, who saw Kelly in the Melbourne Gaol, and on learning that he desired Mr Gaunson and Mr Molesworth to defend him, intimated to the former on Saturday last that he could do so on the usual conditions, £7 7s. for counsel, £7 7s for attorney, and 5s for clerk's fees.
It was contended that it was impossible to properly instruct counsel in time for the present sitting; that the remuneration offered was wholly insufficient for a case involving so much time and labour; that it would take four or five days at least, for counsel to read over the evidence and prepare the defence; and if the Crown forced the prisoner to his trial at those sittings he would have no defence provided for him such as the extraordinary circumstances of the case required, and that up to the present no brief had been delivered to counsel, but if a postponment were granted, prisoner would be prepared to defend himself.
Mr Smyth opposed the application, as no reason had been shown why the prisoner's attorney had not taken steps earlier for the preparation of the defence. The prisoner's attorney had notice three months ago that it was intended to bring the prisoner to trial at the present sitting, and therefore it could not be said that he was taken unawares. At the same time he was unwilling that the slightest reason should be given to have it said that the prisoner had been harshly or unfairly treated, and he would therefore not be unwilling, if an application were made by the other side, to an adjournment being granted for five or six days.
Mr Justice Barry said he would not be disengaged until Thursday, the 28th instant. In that case, Mr Smyth consented to an adjournment being granted to that date, giving as his reason that the Crown did not desire to force on the trial, or harass the prisoner in any way. Mr Justice Barry, in granting the adjournment, characterised the conduct of the prosecution as very becoming, and the Court rose. The prisoner, who conducted himself in a quiet and ordinary manner seemed little changed since his committal at Beechworth, and whenever an opportunity was offered, smiled and bowed to his sister, Mrs Skillion, who occupied a place in the gallery.
THE HISTORY OF WOOD'S POINT, GAFFNEY'S CREEK AND JERICHO BY G. R. M. DISCOVERY OF GAFFNEY'S CREEK AND WOOD'S POINT
Early in the year 1879 some of the most energetic and enterprising of the Victorian gold had prospected up the Goulburn river, from Jamieson to the foot of Flour Bag hill, about twelve miles up the river as you follow its windings. At this time the ranges were almost unknown, and were believed to be covered with snow for eight months of the year, and though the existence of alluvial gold in the creeks, and quartz gold in the mountains, was presumed whether it was payable was not even guessed at, as it was supposed to be an impossibility to prospect for gold in the lofty, snow covered, barren ranges, which are the the water sheds of the Goulburn and Yarra Yarra rivers.
Prospecting along the Goulburn river many rich patches of alluvial gold were found, and a party of four miners Tom T Gaffney, Tom Gaffney, known as red and black Tom, respectively, from the color of their hair, Fred Gilogley, and Jim Garvey pushed their way up the river far into the mountains, till it was joined by a beautiful fern lined creek, the crystal waters of which ran bubbling along its pebbly bed as rapid as a mill stream.
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