The Argus at KellyGang 10/8/1880 (4)

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James Gloster gave evidence at Ned Kelly's committal hearing

At the Faithful Creek station I asked if Daly was with the gang. I do not say that I have given the prisoner’s statements in his exact words, but simply as near as I can remember. Others could have heard our conversation. Stephens could have heard them if he was not asleep. Several of the prisoners fell asleep. I do not know whether Stephens slept or not. There was no violence offered by the prisoner after he had calmed down. The prisoner threatened to shoot several of us. After I gave in I was treated with the greatest kindness. I had about £10 in my pocket, and my cart was filled drapery goods. He did not offer to take any portion of my money, nor did any of his mates. Some of the prisoners offered him small sums of money, which he returned to them. One offered him a half-sovereign, which he declined. When I was first told that the Kellys were at the station I thought it was a joke. When I refused to return to the kitchen McAuley followed me and said I was a fool, and that were I any other man I would be shot.

When my revolver was demanded the prisoner directed me to place it on a box in the cart. I did so and he picked it up. It was a six-shooter. It was when I was sitting at supper that the handcuffs were shown me, and it was then that the prisoner said I would receive no harm if I kept a civil tongue in my mouth. The prisoners in the store were detained there the whole night, the whole of the next day, and up to 8 o’clock next morning. The prisoner was with us the whole of the first night talking about various subjects. When the police murders were referred to we spoke about them as the shooting of the police. Never used the word murders. I did not care for calling them murders whilst a revolver was staring me in the face. My impression was that the prisoner took the talking himself about the shooting of the police in order to screen his mates. He seemed desirous of impressing upon us the idea that the police party intended to shoot them. I can’t say that he impressed us that he held that belief himself or that he did not. There was no drink amongst us in the store-room.

About a week after the Euroa affair I wrote an account of my experience at Detective Ward’s request, and sent it to him. I have not seen that statement since. Have had an interview with Sub-inspector Kennedy with regard to this case. Mr Kennedy asked me what I had to say, and took down what I said. I applied for a copy of my first statement, but did not get it. I will not swear that I did not make the statement that Kennedy was shot by Kelly when in a dying state in the report I gave to Ward, at Younghusband’s station. The prisoner’s conversation was full of complaints about the police. I understood him to mean that when once a man offended, although he had suffered for his offence, the police would never leave him alone. He complained that his mother had been sentenced to three years’ imprisonment on the evidence of Constable Fitzpatrick, whose testimony was perjury. He also said his mother had seen better days, had struggled up with a large family, and that he felt very keenly at her being sent to gaol, with a baby at her breast, on the perjured statements of Constable Fitzpatrick.

Mr Smyth.―And I suppose that was his justification for shooting Fitzpatrick?

Mr Gaunson.―Well, you and I have never been placed in the same position.

Witness.―Prisoner also said that he was 200 miles when the attempt to murder Fitzpatrick took place, and that whilst he was 200 miles away, Fitzpatrick swore that it was he who shot him.

To Mr Smyth.―It is eight or nine years since Daly stuck me up, and he had regained his liberty before the Euroa affair. The impression the prisoner left on my mind was that he shot the police through revengeful feelings. He also said that if his mother was not released, he would overturn a railway train.

Mr Smyth.―Well, we know what he did in that way.

Witness.―I have no doubt that the prisoner told me that he shot Kennedy, although the conversation took place two years ago.

Frank Beecroft gave evidence at Ned Kelly's committal hearing

Frank Beecroft deposed,―In December, 1878, was in Mr Gloster’s employment. On the 9th of that month we were stuck up by the Kelly gang at Younghusband’s station. We were locked up in the storeroom with 15 or 16 other persons. The prisoner kept guard over us in the room during the night. The prisoner talked a good deal. He told us all about the murder of the police in the Wombat Ranges . He said, “We came upon the police―two of them were Constables McIntyre and Lonigan―by the camp, and we called upon them to surrender.


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