The Argus at KellyGang 19/2/1879 (2)
THE KELLY SYMPATHISERS
[BY ELECTRIC TELEGRAPH]
(FROM OUR OWN CORRESPONDENT)
BEECHWORTH, TUESDAY
The Kelly sympathisers were again brought up to-day, before Mr Wyatt PM. Superintendent Furnell appeared for the police.
Thomas Lloyd was first charged, and a remand was asked for.
Mr Bowman objected. The police magistrate after again complaining that he had been misrepresented said that anything he had alluded to with reference to a conversation with Mr Foster had been of an official, not of a private, character. Two reasons had been advanced by the police why a remand be granted- first because it would imperil the safety of witnesses were they brought forward to give evidence ; secondly, because the police witnesses were unavoidably absent on duty. The first of these was a doubtful ground, and if it were good these remands might go on for an indefinite period, as the same reason might be advanced week after week. The second reason was different, as each time he knew that some of the men who it was stated could give evidence had been home frequently since the first remand, and could have easily been brought forward to give evidence. In his own mind he had formed a plan of action, and if he had to sit on the bench he would soon get tired of the constant applications. It was his duty to protect prisoners as well as look after the security of the public. He had intended to make the remands for short periods.
Mr Zincke had intimated that he required a remand for a week in order to enable him to make application for a habeas to the Supreme Court, and he wished to trammel the hands of Mr Foster as little as possible. On three grounds he thought it necessary to state his views-first, because of Mr Zincke's application; second, because Mr Furnell was the third superintendent of police who had been sent up to conduct the cases, and therefore not thoroughly acquainted with the former proceedings; and third, because, as he had stated, he knew the police witnesses had been available since the time of the first remand. The cardinal point was that the prisoners had a right to review his action. He would not grant a remand on the grounds of the alleged public panic. The time was approaching when the police must do some- thing not necessarily to bring the cases to an issue, but to bring forward evidence of some sort.
Mr. Furnell said he would convey the police magistrate's remarks to his chief.
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