The Age (40)

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The Age continued with its report of Ned Kelly's committal hearing in Beechworth

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I have not made any mistake with regard to Kennedy’s death, as to his having shot him rather than leave him alone to die. I think he made some remark about his being sorry that he did not give Kennedy a chance to live. I know the remark was made but I do not know if it was made by Kelly . I was not the chief witness in the prosecution of Daly. I could not identify him. Kelly told us some of the long conversation with Kennedy, but I forgot it. I put down in writing my experience on that occasion a fortnight afterwards. I gave it to Detective Ward. I have not seen that statement since. I arrived here on Thursday night by the eleven o’clock train. I had an interview with Subinspector Kennedy with regard to the case on Friday night, and had previously applied to Detective Ward for the statement I had given him. I did not get it. I cannot recollect …. communication to Ward, I stated that Kelly told me he had shot Kennedy after he had been wounded and was in a dying state. Prisoner told me his whole history and it was taken up with complaints about the police.

He said if a man once did wrong the police would not afterwards leave him alone. I understood him to mean that having done a sentence, the police would not afterwards leave him alone. He also complained of the conduct of Constable Fitzpatrick towards his mother. He said she had been convicted on his testimony, and that he had committed perjury. He said, “My mother has seen better days; she struggled up with a large family, and I feel very keenly her being convicted upon the perjured statements of Fitzpatrick.” That was the effect of the language. Kelly also told me he was not within 200 miles of the place when this attempt to murder Fitzpatrick took place. He also said that whilst 200 miles away Fitzpatrick swore that he was the man who had shot him.

To Mr Smyth; -“It was eight or nine years ago that Daly stuck me up. He is now out of gaol. The impression upon my mind was that Kelly shot the police ………. feeling. He also said if his mother …………. get justice he might possibly upset a train. If I did not state to Ward that the prisoner told me that he shot Kennedy. I have no doubt that he did tell me so.

Frederick Becroft deposed: On the 9 th December, 1878, I was in the employment of Mr Gloster. On the evening of that day we were struck up by the KellyGang. We were made prisoners and were put into the storeroom. The prisoners kept guard over us. He remained in the room, but there were others outside. Prisoner talked to people in the room, and I heard him. He told us he came upon the police. There were two of them in camp, and he called upon them to surrender. The names of the police were M’Intyre and Lonigan. M’Intyre threw up his hands and Lonigan ran towards a log. He got behind the log and fired at him. Kelly said he then shot Lonigan in the head. He also stated that Lonigan was a fool to be shot trying to get away. Whilst talking to M’Intyre two other constables came riding up. He called on them to surrender. Scanlan made a motion to use his rifle, and he fired at him. Sacanlan fell forward on his horse, and whilst watching him and Kennedy M’Intyre rode off. He thought that Scanlan was shamming. Kennedy was on the ground when Scanlan fell, he having dismounted. Kennedy fired, shifting from tree to tree. When he got to an open piece of ground he turned round and held up his hands. The prisoner fired at him, as he thought Kennedy had turned round to fire. Kennedy fell and prisoner talked to him. He told him he could not leave him in a dying state, and as he wanted to go he would have to shoot him. Kennedy asked him to let him live; but he put his gun to him and shot him. Kennedy had a Spencer rifle in his possession. At the station Kelly showed us how to load and re-load it. Kelly talked most of the night. I fell asleep towards morning.

Cross-examined: I am 20 years of age. My parents reside at Longwood. I am still in Mr Gloster’s employment. Mr Gloster told me he had written a statement about the affair, but he did not show it to me. Constable M’Quirk saw me at Euroa, since Kelly’s arrest, in reference to the evidence I should give. I wrote a statement of the affair after Mr Gloster had. I wrote the first part in Nagambie, and finished it at Seymour . Mr Gloster did not see what I wrote. I told Mr Gloster what I would say, and he told me what he would say. I did not agree with Mr Gloster about anything. When Mr Gloster told me what he had to say I did not say anything. We might have talked over the matter a dozen times. I sent the statement to Mr Ward. Mr Ward saw me at Seymour .

Mr Gaunson: Did you ever compare recollections with Mr Gloster?

Mr Chomley: What do you mean by compare recollections?

Mr Gaunson: I will put the question as I like, and will ask the Crown not to interfere so as to relieve the witness when he is being jammed.

Witness: What do you mean compare?

Mr Gaunson: There you see the result of this unfair interruption. The Crown knows I want to compare the evidence of the witness with that of his master.

Witness: I did not check my statement with Mr Gloster. I do not recollect if he asked me if it was correct that Kelly had told us he had shot Kennedy after he was wounded. I do not recollect if any one ever told me anything about the conduct of M’Intyre. I do not remember it being said that M’Intyre had a revolver in his belt when he was stuck up. When I made a statement to Sub-inspector Kennedy of the evidence I would give Mr Gloster was present.

The court at five o’clock was adjourned until next morning at ten o;clock. The prisoner was accordingly remanded.

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