The Argus at KellyGang 19/10/1880

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The trial of Edward Kelly was to have taken place yesterday, in the Central Criminal Court, before his honour Mr Justice Barry.  A large concourse of people assembled in front of the court for some time before the court was opened, expecting they would be allowed admittance.  An additional jury panel had, however, been summoned, and the sheriff gave orders that till a jury had been empanelled none but jurors or witnesses should be allowed into the galleries.  Mr Wisdom, the Attorney-General of New South Wales, and Mr Cowper, the sheriff of New South Wales, were accommodated with seats on the bench. 

After the prisoner had been arraigned on the charge of murdering Constable Thomas Lonigan and Michael Scanlan, Mr Bindon applied for an adjournment of the case till next sittings, as the prisoner was not in a position to be properly defended, owing to inability to obtain money to pay for counsel; that an application had been made to the Crown on Friday for funds for the defence, but the fees allowed by the Crown were not adequate compensation for the work that would have to be done, and it was said if a postponement were granted till next sittings the prisoner would be in a position, through his friends, to employ counsel. 

Mr Smyth , the Crown prosecutor, contended that there was no reason why there should be any delay in the trial, as the prisoner had been committed two months ago, and had been told that he would be tried at these sittings.  But that it should not be said that the prisoner was prejudiced in any way, the Crown would consent to an adjournment for a week.  Mr Justice Barry said that as he had to preside at the Sandhurst and Castlemaine assize courts, he would postpone the trial till the 28th inst.  He remarked that it was a very becoming act on the part of the Crown to postpone the trial.  The trial was then postponed, and the prisoner was removed to gaol.

THE TRIAL OF EDWARD KELLY

In the Central Criminal Court yesterday, before his Honour Mr Justice Barry, Edward Kelly was placed in the dock, and two presentments were filed against him by the Attorney-General, the first for having, on the 28th October, 1878, at Stringybark Creek, wilfully murdered Thomas Lonigan; the second presentment charged him with the murder of Michael Scanlan.  A large crowd had gathered round the Old Court-house for some time before the proceedings commenced, but the doors were not opened till shortly before 10 o’clock, and the only persons then admitted to the galleries were the jurors, of whom, in addition to the ordinary panel summoned for Friday last, another panel was summoned for yesterday.  The seats in the body of the court were reserved for professional gentlemen.

Mr C A Smyth, Crown prosecutor for the Central Bailiwick, with Mr Chomley, Crown prosecutor for the Northern Bailiwick, prosecuted for the Crown.

The prisoner pleaded not guilty to the two presentments.

Mr Bindon immediately after the presentments had been pleaded to, came into court, and said that he had been asked on behalf of his friend Mr Molesworth to apply to the Court for an adjournment of the trial till next sittings.  The application was based on an affidavit by Mr Gaunson, the prisoner’s attorney, who swore as follows:-

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