The Argus at KellyGang 21/11/1879 (3)
Captain Moonlite
He said that he was Captain Moonlite, and that he would have no mercy for policemen or volunteers, but would shoot them down and burn their houses to the ground. He allowed me to despatch the Wagga mail, and said that after they were gone we could all leave. They started for the public house, but as the route they took led through a paddock of thistles they turned back fearing that policemen might be lying there in ambush. They then went to the hotel by an open route. On my way home I overtook them at the public house. Moonlite asked me to have a drink, but I declined, and then he said that they were going in the direction of my place, and that I could travel with them. Moonlite rode in the front and I rode along side of him.
Three horsemen were seen approaching. I was sent to advise them to surrender, which I did. They proved to be Mr AJA Beveridge and two others who had hurried out as volunteers to assist the police. As it was six to three I counselled them to surrender. They did so, and were disarmed. Immediately afterwards six or seven of Beveridge's shearers appeared. They were also bailed up, but were found to be unarmed. Moonlite placed them all in a row on the road, and said he would proceed to try the first three by court martial. He appointed M'Glede a farmer on the roadside, and myself, and two of his own men as jurymen. The jury, he said, would consist of five, and the issue would be whether the prisoners at the bar should die or live. He and I, he said, would toss for the appointment of the fifth juryman. We tossed, and I lost. He however, said he would give me one of our own men as the fifth. He appointed himself as prosecutor and judge, and proceeded to address the jury. He argued that the accused had come out with the intention of shooting him and that he would therefore be justified in shooting them. After he had finished his speech he said, "Now I shall act in the capacity of jude.
The accused can make any statement they like, but remember that what you do say will be used as evidence for the prosecution. Some of the accused said they had only come out to assist their friends, not knowing who the bushrangers were. The jury, after consultation, returned a verdict of not guilty, and argued that if the accused came out to assist their friends without knowing who the bushrangers were, the charge preferred against them could not be sustained. As soon as I announced our verdict Moonlite ordered Beveridge to bring up his horse to be shot. Beveridge said he would give three other horses if this one were only spared. Moonlite replied that he would shoot every horse Beveridge had got, and at once put a bullet through his favourites head. This did not kill the animal, so he made Beveridge himself shoot him dead. He then made all the prisoners go on their knees before him and beg his pardon. They did so in turn, and as they rose he kicked them. Beveridge evaded the kick, and Moonlite thereupon drew a knife, and threatened to cut a piece off his nose, but did not carry out his threat. The gang then collected all the spare guns, broke them to pieces, and burned them on the roadside. A fresh start was then made, when they met Constable Wiles, from Bethungra, who was obliged to surrender, for they all covered him with their guns.
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