The Age (42)

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

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Cross examined: Directly I got back to Melbourne I gave a version to a reporter. I gave my statement in the first instance to Sub inspector Kennedy a few days ago; he took my statement in pencil. Subsequently I received a copy of that statement. I did not make it in the presence or Macdongall. Wanted to do so, but Kennedy would not let me. I am rather touchy: it was owing to my irritability that Edward Kelly used me roughly. I could not identify the watch which I saw in Kelly’s possession. I heard that it was Byrne who brought Tennant back. We had been on a pleasure excursion and when we were bailed up we were talking about having a feed. The whisky was intended for me, but I missed it. I gave Kelly a great deal of impudence because I was irritated at being called a thief. When Stephens told us the prisoner, who I had thought was a policeman, was Mr Edward Kelly, I began, vulgarly speaking, to tumble to it. I had asked Kelly if the Kellys were about, and he said, “Yes” Tennant, who is a Scotchman, came up and asked, “What is the matter, Harry?” I said, ”The Kellys are about.” He replied, “Aye, mon, get up and load the guns.” Kelly would not let him do so, and very wise, I think, on his part. We had another gun before that. It belonged to me, but fortunately I sold it before we saw Kelly. When Kelly showed me the handcuffs I can assure you it cooled me down in a minute: because why? I never had a pair of handcuffs on in my life and never appeared in court before in my life. (Laughter) Mr Gaunson: I can only say you are a very good witness, Mr Dudley.

Edward Richard Lyving deposed: I was a teller in the bank of New South Wales in February 1879. I am now stationed in Melbourne. I remember the 18th Februray. Soon after twelve o’clock prisoner came into the bank. There were three other men with him, all armed with revolvers. He said, “I want money” and he robbed the bank. We were taken into the hotel adjoining. I heard him speaking there in reference to the murder of the police in the Wombat Ranges . He showed a revolver which, he said, had been taken from the police. I could not say if he named any one of the police. Other people were asking him questions with reference to the shooting of the police. He said, “The gun I shot the police with was an old one, but it was a good one.” “The stock.” he said, “was bound up with wire but he could shoot round a corner with it.” I wanted to say to him something about the bank books, and the prisoner told me to follow him there.

He asked Richards, the constable, who was with us, “Where is the newspaper man Gill?” We went to Gill’s place, but he was away somewhere. Kelly told Mrs Gill that he wanted her husband to print something for him. At the same time he produced a roll of manuscript. Gill not being there, I told him I would take it. After some hesitation he gave it to me, saying, “Get it printed. I had not time to finish it, but I will finish it another time. It is a bit of my life.” I put the manuscript in my pocket and said, “All right, I will see to it.” Only part of it was published. The part I allude to refers to the murder of the police in the Wombat Ranges. I handed the document to Sub-inspector Kennedy a few days ago.

Mr CA Smyth: I do not intend to put that document in at present as there is a doubt as to its admissibility.

Cross examined: It was Byrne who first stuck up the bank. I recognise the prisoner as the leader of the robbery at Jerilderie . I was in the company of the gang for several hours. Byrne was tall, about five feet ten and a half inches, fair hair and moustache. Hart looked like a boundary rider, about 20 years of age. Dan Kelly was a short man. I do not know if Dan Kelly was standing behind the bar with the trooper. I never made a written statement to the bank authorities or to the press. I made a statement to several reporters which was taken down. I was not interviewed afterwards. I did not make any whole statement to the police. Sub inspector Kennedy saw me in Melbourne and took down a few particulars. I saw Kennedy in the Detective office. I do not know that he took anything. On another occasion he read something which he had taken out of the newspapers, and asked me if it was correct. I told him it was. I have been shown a statement here. I do not know if it was mine. I asked Byrne if the prisoner was Ned Kelly. I forgot his reply, but I took him to mean that he was Ned Kelly. When I went into the bar prisoner was not standing behind the bar with the police in charge. Dan Kelly was in the bar.

John Kelly deposed: I am a senior constable of police stationed at Benalla, and was at the Glenrowan station on the 28th June. About seven o’clock in the morning a man came out of the bush. He appeared a tremendous size. He wore an oilskin coat and something thing like a helmet. Someone called on him to go back, but he still walked on. Several police challenged him, but he took no notice. The police fired, and the prisoner fired at either Constable Phillips or Arthur. He was standing by a tree. One of my shots hit him on the hand, I think. Prisoner then got behind a log. I was about twenty yards away. Steele ran from the hotel side at him. About ten yards away he fell. I had first called out to Bracken, “Come on, and we will rush him,” when he fell. I ran up to him with others. I took some of the armour off, and several revolvers were pointed at him. I said to the others, “No one will touch this man.” Bracken said something to the same effect. When he saw Bracken, he said to him, “Save me, Bracken; I once saved you.” I said, “You did not show poor Scanlan and Kennedy much mercy.” He said, “I had to shoot them, or they would have shot me.” I said to him, “What have you done with Kennedy’s watch?” He said, “I can’t tell you.” The armour was made out of the mould-boards of a plough. I saw Kelly when he was fighting the police strike his helmet with his revolver, and it rang like a bell.

We took him to Benalla. I was in charge of the lock up from two o’clock on the following morning until seven o’clock at night. At seven o’clock M’Intyre said to me, “I would like to see Kelly.” I replied, “All right,” and went to the cell in the lock up, and told Constable Ryan, who was there , to go to the stables. I said to Kelly, “Do you know this man Ned.” He replied, “No, is it Flood?” M’Intyre said. “No; the last time I saw you you took me to be the same man.” Prisoner said, “I know you now; you are M’Intyre. M’Intyre said, “I have suffered a great deal over this; is my statement correct?” Ned said, “Yes” M’Intyre continued; “Did I not tell you I would sooner be shot than betray my mates?” Prisoner said, “You did.” M’Intyre said, “Why did you come near us at all?” He replied. “You would soon have found us, and you would have shot us if you did; our horses were poor; we had no money, and we wanted to make a rise.” M’Intyre also remarked, “You had me covered, and then you shot Lonigan as he was running to a log.” Kelly said, “Lonigan got behind a log and was pointing his revolver at me when I fired.” M’Intyre said, “That is all nonsence, he was not behind a log.” About three o’clock that same morning I gave Ned Kelly a drink. I was supposed to visit him. I said, “How about Fitzpatrick? Is his statement correct?” He replied. “Yes; it was I who shot him.”


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