The Argus at KellyGang 26/11/1880 (4)
Denis Sullivan
Cross-examined. Ned Kelly, Byrne, Mrs Jones, myself, and Reardon were at the taking up of the rails. Miss Jones might have had a revolver. When they returned Mrs Jones had a bottle in her hand, as well as I remember. Hart asked me to have a glass, but I did not take one. It appeared as if they were all prisoners when Mrs Jones locked the door, the Kellys as well as the rest of them. I withdraw my statement as to the Kellys appearing to be prisoners. The house was in darkness when Mrs Jones’s boy was shot. I was lying down at the time, afraid of being shot myself. I had never had any conversation with Sergeant Steele about the case before it came on. I spoke to the sergeant just outside the court during the adjournment. I drank no liquor whatever in the house that day or night. Left the house when all the rest left, perhaps between 9 and 10 on Monday morning. Was not in any fright when I was taking up the rails.
To Mr Chomley. Before I went to take up the rails Kelly tapped me on the shoulder with a revolver and said, “You have to do it.” When the police were coming, Mrs Jones or her daughter threw water on the fire. Saw Byrne with a candle looking for Constable Bracken, who had then made his escape. Young Cameron said to Reardon’s son in the yard, “I think we can go home now.” Miss Kelly said, “if you do I will tell the Kellys.” I repeat that the Kellys appeared to be prisoners in so far as Mrs Jones locked the door.
John Lowe , a labourer from Benalla, was employed at Glenrowan in June last. Saw Edward Kelly there on the 27th of that month. He took witness to Mrs Jones’s, and then to the railway gate. The four bushrangers were there. James Simson was there. Heard Ned Kelly tell some one to open the tool chest or burst the lock. Mrs Jones was there outside. She appeared a prisoner, the same as the rest.
Mrs Stanistreet , wife of the stationmaster at Glenrowan, deposed, I saw the prisoner come into my bedroom at about 3 o’clock on Sunday morning, the 27th June. Ned Kelly was outside speaking to my husband. Mrs Jones first came to the window and said, “Let him in.” I asked who, and she said, “Ned Kelly.” The door was broken open, and then Mrs Jones came into the bedroom; my husband then came, and also Ned Kelly, and the latter then took them to break up the line. Mrs Jones was present. Kelly said the police and black-trackers were coming up in a special train. He had his armour on; he had one or two rifles and two revolvers. Mrs Jones went out with Ned Kelly and my husband. Mrs Jones came back about an hour after. Some of the other bushrangers were keeping guard outside. Mrs Jones said to Kelly if he went over to her place he could have something to eat. When the men came back from the line Mrs Jones and her daughter were there, and the former told the latter to go and get breakfast for the bushrangers. Kelly was again at her place on Sunday evening, about 5 o’clock, and Mrs Jones asked Ned Kelly what he would have for tea. He laughed, and said, “Oh, there are plenty of fat dogs about.”
Margaret Reardon deposed, Was taken prisoner by Ned Kelly on the Sunday morning, and taken in the first place to Mr Stanistreet’s and then to Mrs Jones’s hotel. About 3 or 4 o’clock in the afternoon Dan Kelly asked me if I would like to go home. I said certainly. Mrs Jones came in as we were preparing to go home. She said no one was to leave the house till Ned Kelly gave them a lecture, and that every one had better mind their own business. The doors were locked long before that. We were then not allowed to go out, and we were frightened. It was Mrs Jones who prevented our going. Ned Kelly gave one of my children leave to go home for some bread. Kelly said that Mrs Jones would give them all something to eat. Mrs Jones said to Ned Kelly and Byrne, “I have plenty of bread, but I am keeping it for you, as I would not give a bite to half of them inside, as they treated me like a black-fellow.” I remained in the house till the police came.
John Delany, a labourer, and one of the Kelly prisoners, said, - Prisoner was there, and said, “Old chaps, I’ve got you. I have a large company here to-day.” I asked her to let me and my brother home, as she seemed to be a bit of a boss. She said, “No, revenge is sweet. I would give five shillings a head for some more of the Greta ―— .” I heard Dan Kelly ask Mrs Reardon, about 10 o’clock on Sunday night, if she would like to go home, and she said, “Yes, and I would like the others to come too.” Dan Kelly then said, “You all can go,” and then moved towards the other. Mrs Jones put her hands across the door and said, “Go back, and Ned Kelly will give us a lecture.” Mrs Jones made her son sing, “The Wild Colonial Boy.” She said she wished the “Kelly gang would stop there a week.” None of the bushrangers were present when she said so. Kelly cautioned them, saying that if any one passed any remarks after they went away he would shoot him. When the police came Ned Kelly told them to lie down or they would be shot, and Mrs Jones said, when the police commenced firing, “This is all —— Fitzpatrick’s work.”
Cross-examined. I believe my father is a blacksmith. I saw armour on Ned Kelly. I never helped to make that armour, and never knew it was being made by my father. I had a conversation with a policeman about this case. He asked me what passed in the house.
Michael Reardon , also one of the Kelly prisoners, proved having been shot with a slug, which was still in his shoulder. His father had applied for conversation for his wound. Saw money in Ned Kelly’s hand at Mrs Jones’s.
Edwd Reynolds, a farmer at Glenrowan, went with Ned Kelly to call Constable Bracken, who came out in his shirt, without arms, and was taken prisoner. When they were taken to Mrs Jones’s, she said, “Here is that ―— old Reynolds.” Ned Kelly said, slapping his pocket, “Never mind, he’s all right,” Went out after, and saw Ned Kelly and Mrs Jones with her arm on his shoulder. She said, “Look out, Ned, he is going to escape.” Witness said he was not, and went back into the house.
William Sandercook , a labourer, proved that when the police came Mrs Jones put out the lights, and threw water on the fire.
This closed the evidence for the prosecution.
Mr Dwyer contended for the defence that there was no evidence to go to a jury, as the prisoner only acted to the bushrangers as Mr Stanistreet and others had done, giving them food and endeavouring to conciliate them through terror. The prosecution bore the complexion that it was brought as an answer to the demand of Mrs Jones for compensation for the loss of her son, for her daughter’s wound, and for her house being burned down by the police. He did not, however, blame the Government, for it was essentially a departmental prosecution, instituted by the police to fish for evidence. Mr Dwyer mentioned during his speech that he was instructed by Mr Gaunson, whose official duties prevented his being personally present.
The Bench then committed the prisoner for trial at the next assizes to be held in Beechworth.
Mr Dwyer applied that prisoner be allowed out on her own recognisance on account of her health.
The bench fixed the bail at two sureties of £50. or one in £100, and the defendant’s own in £100.
The Court then adjourned.
end
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
