The Argus at KellyGang 20/5/1879

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(full text transcription)

THE MONK INQUIRY

[BY ELECTRIC TELEGRAPH)

(FROM OUR OWN CORRESPONDENT)

MANSFIELD. MONDAY

Monk '

Inspector Toohey was further examined by Mr O'Leary - It was the appearance of the mark in the saddle that led me to believe that there was not a full charge in the revolver. If a bullet had been fired from a Webley revolver at a distance of 4ft it would have gone right through the near and off side. I know by the shape it was not a Colt's bullet. I believe   the bank manager and his clerk have Webley revolvers.

Mr Panton here requested a constable to fire a bullet from a Webley revolver into the earth at a distance of about 4in, in order to ascertain the effect of the earth upon the bullet, and to compare the same taken from Monk's saddle. The bullet penetrated about 3in into the ground and showed but slight symptoms of graze or indentation.  

Mr Toohey continued - There might be a difference in the grooves of a bullet after being fired in hard ground or soft ground. There is a mark in Monk's bullet as caused by a file. 1 looked at Monk's mare sufficiently close to be able to describe the manner, in my opinion in which she had been fired at. I went to the house of John Blum, near Mount Battery estate on the 5th May on account of certain information I received.

Blum told me that a man came to his house and asked for something to eat, and also inquired if there was any one else in the house. He said he was looking for cattle. He afterwards said he was looking for horses and wanted to know where the horses on the station were kept. He then asked if Monk had gone to Mansfield. Blum told him he thought Bullock had taken Monk's things into Mansfield on a dray. The man had a horse outside fastened to a tree. He carried a revolver in his belt, and had some other weapon under his coat. He looked all through Blum's house. When the man went away he took another gun from a tree where his horse was fastened. Blum afterwards pointed this tree out to me and the black tracker, but upon examination I came to the conclusion that no horse had been tied. There were no traces left behind nor do I think the gun could have been placed there without it being knocked down by the horse. Further inquiries were made by the police in the locality, but no further information was gathered. It is not unusual for the police to fail in getting information. They have no information about the Kellys yet although the police have been looking for them. Blum did not tell me that the man told him he would shoot him if he gave information before four days had elapsed. He did not tell me that the man's name was Dan Kelly. Went to Monk's house afterwards, and asked Monk's brother to dress himself in the clothes he wore on the Sunday the man came to Blum's house. Also asked him to tuck his trousers inside his boots. 1 went to Blums and told Senior constable James to bring James Monk on horseback to Blum's house dressed in these clothes. Did not say to Blum when James Monk carne up, "There's the man that came to your house on Saturday night we have caught him." Blum said James Monk corresponded with his visitor, excepting the great coat and a difference in the length of the beard. Blum did not say the man who came to his house was lame. I know now James Moule is lame. I was not aware that James Monk and Blum had worked together and had known each other three years. Did not know Monk had a brother. Only brought James Monk down on horseback with constables to let Blum see him. I am satisfied there is nothing against James Monk.  

Tom Halligey (Spider) the Queensland black tracker examined by Mr Smyth. - Remember going with Mr Toohey to examine for horse tracks around the dead log and big tree, but found none. Found no men's tracks there. Also went to Blum's house to search for horse tracks around a tree but did not find any. If rain falls no experienced tracker could trace tracks. Heavy rain would wash them away. Heavy rain would wash out horse tracks even if he was galloping. Have not seen heavy rain there.

Mr Smyth and that he did not intend calling any more witnesses but asked Mr Panton to have the saddles sent to Mr Johnson analytical chemist, Melbourne, for the purpose of examination.

Mr O'Leary suggested that the bullets should be sent for inspection to Mr Rosier Melbourne.

John Blum was examined by Mr O'Leary. He gave a similar statement to that given by Mr Toohey regarding the man who came to   his house on the night of the 3rd May. He further said: - The man came back a second time, and brought a second man with him. Asked if I was in. I let them in and the   man who had been in before. He had a veil on. He took his hat off, and asked me if 1 knew him. Said he was the man who came in before. He said- "It is good for you, you had not left this house to give information, or yon would hive been a dead man. One pointed his revolver at me, and demanded some tea. He said his name was Dan Kelly. The other man took all the tea and sugar I had. I said- "I will not give you any. You may shoot me if you like." The man who called himself Dan Kelly and, "Now mind, four days;" but the other man stopped him quietly and said, "No eight days; it will take us that time to reach your camp."

This man said. "I want Mr Toohey, Captain Standish and all the rest of the scoundrels like Monk." I told him I would not give information unless someone came, then I would give information. If no one came during the eight days I would go to the police. Kelly then said, 'We wont shoot you we don’t want to take lives. They then went away. The eight days having expired last Monday I gave information to the police; also told my mate and Fraser and Glynn. Never told Mr Monk but said to him, "You will hear my statement when I get into the witness box. The black tracker carne to my place after Fraser and GIynn had been with their horses but he could not track them. Mt Toohey brought James Monk up on horseback, and said to me, "We have got the man; it does not take   us long to find it out; there he is." pointing to Monk; "is not that the man?" I said. "No he has only got the riding boots, and he has got a beard on him; the other had not." Toohey said, "This is the man, we won t hurt him." I said, "It is more than you are aware of. You don't know what the man did to me." I said this because Mr Toohey took no statement from me, but mocked me off when I was telling him twice. Mr Toohey was poking fun at me and asked me if I had been drinking or had the nightmare. I would have told him more if he had taken my statement down. On the 6th I tried to tell Mr Toohey about the affair again but he only laughed and jeered at me, and would not hear me.

To Mr Smyth - I was not threatened about the first visit of the man and that is why I told this to the three men. Believed one man to be Dan Kelly. Did not tell about the two men for fear of the threat. Told Fraser that a man had been at my house during the night, but did not mention the name of Dan Kelly, nor that two men had been. Dan Kelly was watching outside my house for 15 minutes to see if 1 did anything to inform upon them. I told about the first man because I Knew it would be punishable to with- hold this information, and I expected Glynn would first give this information.

Mr Smyth - Why did you not tell Mr Pewtress or Mr James when they passed near your house on the following Sunday?

Witness - I did not know Mr Pewtress was a police officer and they were cantering past at the time. Sent a report to Mansfield on Monday. Would not come myself because the Kelly's might be about. They could stick up banks and other things without the police taking them. Gave a description of the man to Evans, and he at once said it was Dan Kelly. I said, "Yes but I mentioned no name myself at that time. Described the man as having high cheek bones, little hair on his face sunken eyes, dull complexion, nose slightly flattened about 5ft 5in. Have never heard the description of Dan Kelly. I cannot read. Mr Toohey called mea liar when I told him about the affair. Did not tell him that the man made use of threats, nor did I tell him of the second visit while the man was in my house; for about two hours he was sitting down and keeping his eye towards the door. Dan Kelly made me swear under a revolver that I would not tell upon them. While talking to Dan Kelly in my house, he said to me, "I could have shot the police three weeks ago, but would not do so because they were young men, and had done me no harm." I told Toohey this.

Charles Berry, splitter, examined by Mr O'Leary, corroborated the evidence as given by Blum, and said - I have been working with Blum for two years, and I have not known him tell a lie. I quite believe his statement about the man having been there. The tea he gave on the following day was a little he had planted under his pillow, where he some- times kept loose tea out of the way of the opossums.

The Court then adjourned till to morrow (Tuesday).

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