The Argus at KellyGang 17/5/1879

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(full text transcription)

THE MONK INQUIRY

[BY ELECTRIC TELEGRAPH]

(FROM OUR OWN CORRESPONDENT)

MANSFIELD, FRIDAY

The Monk inquiry was continued to day. Mr Monk wished to state that a mistake had occurred in The Argus referring to Constable Love being drunk. Monk had never known Love to drink. He was a tee- totaller. Charles Boles, saddler was recalled, and made a slight connection as to the position which was to indicate the course of the bullet.

Henry Pewtress continued-Mr Toohey, James Monk, and myself, went into Monk's house, when I asked Monk for a description of what occurred, which I wrote down. Afterwards went with Monk and cut the bullet out of the mare's leg. It is a Webley revolver bullet. I advised Monk for his own safety to come into Mansfield on Sunday evening, which he did accompanied by Messrs Fox and Hind. When we came to the big tree Monk pointed it out to us and also stated that the man sprang out about five or six yards on the Mansfield side of the tree near the middle of the road. There was no elevation of the ground in that spot. but it was uneven, and slightly elevated about 9in on the side. After I had pointed out some stumps to Monk.

I asked him how a man could come from behind the tree and spring in front of his horse. Monk said he did not know. I asked him how the man could fire from the front and hit the pommel of his saddle. Monk said he thought his horse swerved. It would not be possible for a man to make the bullet hole as described if fired from the front.

To Mr O'Leary - Both bullets were from Webleys revolvers. The Kellys took similar revolvers from Kennedy and the other police at the time of the murders when horsemen went to the Wombat and four came down before Byrne measured the footprints. The hole on the off side of the saddle was too large to have been made by a bullet. It looked more like as if a person had torn it, by putting his finger in and taking the bullet out. Do not think the bullet could have been fired abreast of Monk or close behind the stirrup without striking Monk's thigh. When we stayed at Monks house while searching for the bodies of the murdered police he afforded every assistance. No man could do more Monk thought the writing in the letters was like a man named Walker now living in Melbourne, and at one time assistant poundkeeper in Mansfield. He is brother-in-law to Byne.

Jeremiah Toohey sub inspector of police examined by Mr Smyth -look charge of the Mansfield station on the 16th December last. The charges made against Constables Love and Strachan were withdrawn. I sent Constables Love and Potter on the 20th December to Monk's. The next day he came in an excited manner, and Monk told me that he heard Potter had been talking to Byrne about him, and he would have no man about his place who spoke to Byrne. Monk said Potter had made one of his men drunk and had fought with him, and that Potter had insulted him at his table. Did not publish any of the threatening letters in the newsnapers. Monk complained that the contents of one letter handed to me appeared in The Argus. Mr Hall of the Mansfield Guardian, asked to see the letters and I refused it. On the 26th April saw Monk with the threatening letter he had received on the previous night. Duncan brought information of Monk being shot at, and started with Mr Pewtress and constables to Monk's place. Monk handed me a threatening letter on the 4th April. He was afraid to go home. Two constables went with him. Some time after Monk informed me that he did not require any further protection from the police, and they were withdrawn. Constable Potter here handed in a letter denjmg Monk's statement that he was drunk. Witness here corroborated Mr Pewtress's evidence as to the footprints and tracks. When I saw Monk he said to me, "1've been nearly shot. (Witness then went through the same description of the shooting affair as given by the previous witness.) When the saddle was shown to me, I put my legs across it and said, "Whoever fired that shot must have been considerably higher than the saddle." Monk said, "Yes he was as high as the mare's knee." I pointed out to Mr Pewtress how the mare had been shot, and said he (the shooter) must have stood by the side and held the bridle by the left hand while shooting with the right hand. Mr Pewtress said "I have a great mind to accuse him of it," and I said "Don't." Had a horse bolted, as described by Monk, there must have been traces of broken branches, but there were no such traces.

Alexander Dundas, to Mr Smyth -Did not tell Mr Monk that John Byrne told me be had been living with his brother in law (Walker) in Melbourne during the Lynch trial. To Mr O'Leary -Told Monk I had seen Byrne and Walker together twice in Melbourne, and I supposed he was living with Walker. At this stage the Court adjourned till Saturday.

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