The Argus at KellyGang 12/8/1880

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(full text transcription)






The prosecution of Edward Kelly on the charge of having murdered Constable Scanlan was continued to-day, before Mr Foster, PM, at the Beechworth Police Court .

The examination of Constable M'Intyre was resumed, but was not continued at so great length as in the previous charge.

His evidence, however, was substantially and nearly literally the same as that he gave in support of the charge that the prisoner murdered Constable Lonigan.

George Stephens was afterwards called, and the only fresh item obtained from him was that he saw a Spencer rifle in the possession of the prisoner when Younghusband's station was stuck up.

Dr Reynolds again narrated his visit with the search party to the Wombat Ranges , the finding of the bodies of the murdered police, and described the wounds found on the bodies.

Robert M'Dougall repeated his experiences as one of the prisoners of the gang when they stuck up Younghusband's station, and the statements made by the prisoner in his presence about the murders of the police.

Frank Becroft, assistant of Mr Gloster, the drapery hawker bailed up at Faithfull's Creek, restated his evidence, and in cross- examination said he was surprised that Mr Gloster was not shot by the prisoner for what he said when stuck up.

SConst Kelly examined

Senior constable Kelly also repeated the conversations he had had with the prisoner, and added that he told the prisoner that he had seen a telegram from Mrs Kennedy requesting that he (Kelly) might be asked if her husband had left a written letter for her. Prisoner replied, "No;” all he said was, “God forgive you."

In cross-examination witness said that had he known that he was to be called upon to give the conversations he had had with the prisoner in evidence, he would have cautioned the prisoner before speaking to him. It was his duty to detail these conversations when called upon to do so. Did not hear the prisoner say, “You cowardly dogs, I did not treat you like this." Nor "You little dog, Bracken, I did not treat you like this." But did hear Bracken say that he, “would shoot anyone who shot Kelly when lying wounded." The prisoner was not jumped upon by the police at his capture. He was kicked once on the thigh by Constable Dwyer. This was done under these circumstances. Kelly said, "I never did you any harm, and Dwyer, saying, " Why, you scoundrel, you murdered my comrades," kicked him. Inspector O'Connor took up his position at the Glenrowan fight in a ditch in front of the house. He (witness) asked Mr O'Connor to change his position, hut he did not do so. Was sure that when in the cell with M'Intyre visiting the prisoner, he (the prisoner) heard him mention the name of Constable Fitzpatrick. Prisoner seemed to be in pain. Could not say that the statements he gave were made to get rid of his visitors. He (witness) thought he was entitled to a portion of the reward offered for the capture of the Kelly gang. Had heard Sergeant Steele and Constable Bracken say they were also entitled to a portion of the reward.


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