The Argus at KellyGang 16/11/1878
THE POLICE MURDERS
An application was made yesterday afternoon to the Chief Justice by Mr Gurner, the Crown Solicitor, for an order adjudging the Kellys and the two unknown men to be outlaws for not having surrendered at Mansfield on the 12 th inst. as required by a former order. The application was supported by an affidavit sworn by Captain Standish, the chief commissioner of police, verifying the fact that the men had not surrendered nor been captured, and that the notices requiring them to surrender had been published as directed. His honour made the order as sought against each of the men. The following is a copy of the order made against Daniel Kelly. The orders against the others are similar:―
“Whereas on the 1st day of November, 1878, an information made on oath was preferred by William Mainwaring before Frederick Call, Esq., a police magistrate in and for the colony of Victoria, and a justice of the peace of and for every bailiwick of the said colony, that Daniel Kelly, of Greta, in the said Colony, on the 26 th day of October, 1878, at Stringybark Creek, near Mansfield, in the northern bailiwick of the said colony, did, in company with Edward Kelly and two other men whose names are unknown to the said William Mainwaring, feloniously and of malice aforethought kill and murder one Maurice Scanlon; and whereas on the said 1 st day of November, a warrant was thereupon duly issued by the said Frederick Call as such police magistrate and justice of the peace as aforesaid for the apprehension of the said Daniel Kelly, charging him with the crime aforesaid, which is a felony punishable by law with death; and whereas on the 2 nd day of November instant, the Attorney-General of the colony of Victoria directed that an application in chambers on his behalf should be made to one of the judges of the Supreme Court in pursuance of the Felons Apprehension Act 1878, for the issue of a Bench warrant under the hand and seal of such judge for the apprehension of the said Daniel Kelly, in order to his answering and taking his trial for the aforesaid crime of which he so stands accused, and whereas by an affidavit of Frederick Chas. Standish, chief commissioner of police, sworn and filed in this court on the 4 th day of November instant, I was satisfied of the before-mentioned facts, and that the said Daniel Kelly was at large, and would probably resist all attempts by the ordinary legal means to apprehend him, and whereas, upon an application made to me in chambers on behalf of the said Attorney-General, I did, on the said 4 th day of November, in further pursuance of the Felons Apprehension Act 1878, issue a bench warrant under my hand and seal for the apprehension of the said Daniel Kelly, in order to his answering and taking his trial for the before-mentioned crime of which he so stands accused; and whereas, on the said 4 th day of November, in further pursuance of the Felons Apprehension Act 1878, I did order that a summons should be inserted in the Victoria Government Gazette , the Argus , Age , Telegraph , Australasian , the Benalla Standard , Ovens and Murray Advertiser , Federal Standard , Jamieson Chronicle , Mansfield Guardian , Wahgunyah and Rutherglen News newspapers requiring the said Daniel Kelly to surrender himself on or before the 12 th day of November, 1878, at Mansfield, in the said colony of Victoria, to abide his trial for the before-mentioned crime of which he so stands accused, and whereas on the said 4 th day of November, in further pursuance of the Felons Apprehension Act 1878, a summons was issued under my hand requiring the said Daniel Kelly to surrender himself on or before the said 12 th day of November, at Mansfield, in the said colony, to abide his trial for the before-mentioned crime of which he stands accused; and whereas, on the 15th day of November inst., an affidavit was sworn by Fredk Charles Standish, chief commissioner of police, and filed in this Court, verifying the due publication of the said summons in the Victoria Government Gazette and the respective newspapers before mentioned, pursuant to my order of the said 4 th day of November, and testifying that the said Daniel Kelly is not in custody, and has not surrendered himself for trial for the said crime of which he stands accused at Mansfield aforesaid, or at any other place in Victoria pursuant to the said summons, and that the said Daniel Kelly has not been apprehended. Now, therefore, upon reading the said affidavit, I do hereby declare that I am satisfied that the said Daniel Kelly has not surrendered himself in pursuance to the said summons for the said crime of which he stands accused, that he has not been apprehended, and that the said summons has been duly published, and I do hereby accordingly adjudge and declare the said Daniel Kelly to be an outlaw within the meaning of the Felons Apprehension Act 1878.”
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