The Age (39)
The Age continued with its report of Ned Kelly's committal hearing in Beechworth
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Witness: I was not. I saw Kelly in the police barracks. I went there to find the officer to get some money. I did not hear anyone say, “There is Ned Kelly.” I was not paying attention. The only occasion upon which I saw the prisoner was when wounded, at the investigation, and at Faithful’s Creek. I did not see Superintendent Sadleir on Monday night. On the next day I saw him and he paid me off until that date. I do not remember then saying anything. All that look place was my talking my money. I did not say anything about the shooting of Sherritt.
James Gloster deposed: I am a draper, living at Seymour . I occasionally hawk the drapery goods about the country. I remember the evening of the 9th December, 1878 . A man named Frank Beecroft, who was in my employment was with me. We were going to camp at Faithful’s Creek station that night. About seven o’clock I unharnessed the horses. Previously I was told the Kellys were at the station, but I did not believe it. I was told to come back by a man, but I did not obey. I got into my waggon for the purpose of getting my pistol, when two men came up, and, each holding a pistol, told me to get down. The prisoner was the man who spoke.
I got down, and saw that prisoner had a revolver in one hand and a pair of handcuffs in the other. He said he had a good mind to put a bullet through me, because I did not obey. He also said, “It is a very easy matter for me to pull the trigger, if you do not keep a civil tongue in your head.” I had been vexed with them, and asked, “Who and what are you?” Prisoner said, : I am Ned Kelly, the son of Red Kelly, and a better man never stood in two shoes.” I said, “If you are, there is no use in resisting you.” He said, “If you keep a civil tongue in your head you will take no harm. You were nearer being shot than any man here.” He asked me if I had any firearms. I said, “I do not carry firearms for sale.” He said, “I know you have a pistol; if you do not give it to me I will burn the waggon down.” I gave him the pistol, and he remained there until we finished.
He then told me to go to the kitchen; and there I saw two more men, each of whom had a gun and a revolver. There were a number of men locked up there, and during that night Ned Kelly remained on guard. He told us to make ourselves comfortable. He talked to me most of the night with reference to the murder of the police in the Wombat. He said, “I did all the shooting in the rangers; the people and the papers call me a murderer, but I never murdered anyone in my life.” I said, “How about Sergeant Kennedy?” He said, “I Killed him in a fair standup fight.” He argued then that that was not murder; that a man killing his enemy did not commit murder. He also said that the police were his natural enemies. Prisoner said, “With regard to the death of Kennedy: after the conflict with Scanlan, Kennedy and I were firing at each other. Kennedy retreated from tree to tree. One of his shots went through my whiskers, and the other through the sleeve of my coat. Kennedy was a very good shot. I followed him, and he (Kennedy) turned to fire again as I thought.”
Mr Gaunson objected to this evidence, as it had nothing to do with the murder of Lonigan.
Mr Foster ruled that the Crown prosecutor had a right to proceed.
Witness continued: Kelly stated, “I fired at Kennedy and he fell.” At another period of the night Kelly said, “I had a long conversation with Kennedy when he was wounded. We wanted to leave the ground, but I did not like to leave nim in a dying state , so I shot him. I respected Kennedy, and covered him up with his cloak.” With regard to the death of Lonigan he said, “M ‘Intyre surrendered, but Lonigan ran to a log from which he fired. I fired at him and hit him in the head.” He also said, “It is a pity he did not surrender. I only wished to take his arms.” At another time he said, “Since I commenced business I have stolen 280 horses, and if the police had taken me for anything of that sort I would not have cared, but if a man once did anything wrong, the police would not leave him alone.” The value of the revolver the prisoner took from me was ₤3 10s. ; he also took some clothing.
Cross examined: I was twice stuck up before this time, once by a man named Daly, and once by a man unknown. I was shot in the shoulder and face by Daly. When stuck up by Kelly, I asked him if Daly was there. I did not say so when under direct examination because I forgot to do so. I have used the exact words of Kelly as near as possible. Stevens could have heard the conversations I had with Kelly if he had not been asleep.
Prisoner threatened violence to me by threatening to shoot me, otherwise I was treated with … kindness. I had the ₤10 in my pocket and valuable property in the cart. He did not offer to take any portion of my money, nor did any of the other men. Some of the other men stuck up offered him money, some of them half a sovereign, but he would not take it, and returned it to them. I was told at the station that the Kellys were there. I paid no heed. I thought the people were joking. I got into the waggon. M’Auley followed me up and told me that I was a very foolish man, and that another man under similar circumstances would have been shot. When prisoner asked me if I had any firearms I made an evasive answer. I gave up the revolver to Kelly. I put it down on a box. I suffered no inconvenience beyond the non payment for the revolver and the few articles of clothing.
I was allowed to go on Wednesday morning. On Monday night I killed time with Ned Kelly by conversing about newspapers. Other subjects were spoken of the prisoner, I presume, wanting to keep awake. When speaking of the affray in the Wombat Ranges , the expression used by me was the shooting of the police, not the murder. I did not care about calling it murder. The prisoner took all the talking about the shooting of the police upon himself , so as to screen the other members of the gang. The whole of the conversation that night showed that the prisoner intended to convey the impression that the police intended to shoot him. I cannot say that Kelly impressed me with the belief that he was under that impression or that he was not under that impression. There was no drink taken that night. Kelly said he was sorry he fired at Kennedy, and would not have done so if he had thought he was going to surrender.
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