The Argus at KellyGang 12/8/1880 (2)

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(full text transcription)

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SConst Kelly cross examined

The cross-examination of this witness was continued at some length, but nothing further that was fresh was elicited.

Mr. Smyth then announced that this closed the case for the Crown.

Mr Gaunson said that he now desired to offer a few observations to the presiding magistrate. He did not propose to say any- thing against the prisoner being committed for trial upon this, the second, as on the first charge. He desired to say, however, that the remand which he applied for on Friday was asked for in good faith. He recognised that there were reasons sufficiently powerful to induce his worship to refuse the request; but his worship would see that the prisoner had been very much hampered under the circumstances. He was hampered, perhaps not unfairly, in shaping his examination, through his attorney being so entirely unacquainted with the facts of the case as he was at the commencement of the case. He (Mr Gaunson) therefore thought he would be perfectly justified in calling his worship's attention once more to the fact that the ordinary course had been departed from in several respects in dealing with the accused. The prisoner had been cate-chised by the police without being cautioned, and he was being illegally prevented from having reasonable access to his friends. He (Mr Gaunson) did not say this out of any sympathy for the prisoner himself, but because the whole community was concerned to see that the first principles of English justice were abided by. He asked for no privilege, concession, or favour, but he did insist that the ordinary course of the law should be followed with reference to the friends and relatives of the prisoner having access to him, because he was not yet a convicted person. The various newspapers, more especially the conservative ones, had never ceased to speak of the shooting of the police in no measured terms so far as the conduct of the persons supposed to be implicated was concerned. For his own part, he might express his own deep regret that any such occurrence ever took place. But it rested with a jury to say whether the prisoner caused these deaths, and whether it was murder on his part. The newspapers had made an observation that the gentleman retained by the prisoner had been retained for political reasons. This statement was unfair to the prisoner and was untrue. In conclusion, he had again to ask that his worship would maintain the law by allowing the prisoner's friends to visit him, and to point out that he would have power to grant them permission in his capacity as a visiting justice.

Mr Foster replied that he could not possibly override the order of the Chief Secretary. He should be happy, however, to make any representation to the Government that might be desired.

The prisoner was then committed for trial at the Beechworth Circuit Court, to be held on the 14th of October.

A friend of the gang, accompanied by Kate Kelly, arrived this afternoon, and attended the court. When the court was adjourned the latter stepped forward to the dock, kissed the prisoner, and shook hands with him after he was lifted into the cab that takes him to the gaol. The prisoner is still unable to use one leg, and can only hop from one place to another. His general health is, however, considerably improved, and he is gradually recovering. In Beechworth itself the bushrangers had very few sympathisers. But whilst the leader of the gang is not regarded here as a hero, his notoriety has begot a good deal of curiosity. The court-house has consequently been generally crowded to excess. Notwithstanding the crush, every convenience was afforded to the representatives of the press, and for this they have especially to thank Mr JJ Arundel, the court keeper, and Mr R M'Neice, the clerk of the court. The depositions were taken by the latter and by his assistant (Mr E Moore) in a very efficient manner.

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