The Argus at KellyGang 30/10/1880 (3)
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Witnesses examined at Ned Kelly's trail
Arthur Steele , sergeant in charge of the Wangaratta police station, gave evidence as to the arrest of the prisoner at Glenrowan. When he was captured he said, “Don’t kill me; I never hurt any of you.” Constable Kelly said, “You did not show Scanlan and Kennedy much mercy.” Prisoner said, “If I had not shot them they would have shot me.” In reply to other questions, the prisoner said he had intended to shoot every one that escaped from the wreck of the train. Prisoner was asked if it was true about his shooting Fitzpatrick. He said, “Yes, it is true; I shot him.”
Cross-examined by Mr B indon. I arrived at Glenrowan about 5 o’clock in the morning. First saw the prisoner about a quarter-past 7 o’clock . There was some firing. There were about a dozen constables there in the morning, besides the black trackers. There were 53 in the evening. I fired at a young fellow named Reardon. I fired at him because I thought it was one of the outlaws. The police fired into the hotel. I believe there were a number of people in the hotel, but I did not know of it at the time. After the boy was shot and I understood that there were people in the house, I called on them to come out. We fired in answer to firing from the house. Martin Cherry and a boy named Jones were shot. I was accused of shooting the boy. There was nothing but slugs in my gun. That boy was shot before I arrived. Never said to Mrs Jones that if she would say that Ned Kelly shot her son I would forward her application for a portion of the reward to the Government. Never heard of such a thing before to-day.
Re-examined. The boy Reardon recovered. Can’t say who shot Cherry.
Samuel Reynolds , medical practitioner at Mansfield , made a post-mortem examination on the body of Thomas Lonigan. There were two wounds―the one in the eye, the other on the temple, which was merely a graze. He had also a wound on the left arm, and one on the left thigh. They were all gunshot wounds. The wound through the eye was cause of death.
Cross-examined by Mr Bindon . The ball that struck the eye must have come slightly slanting. Did not think the other wounds were inflicted after death. I should say that Kennedy was standing up when he was shot, as he had the wound right in the centre of the chest. I did not make a regular post-mortem examination of Kennedy’s body. I extracted a bullet from Lonigan’s thigh. It was an ordinary revolver bullet.
Re-examined. If wounds were inflicted before the circulation had actually ceased, it would be impossible to state accurately whether they were before or after death.
This closed the evidence for the prosecution, and the Court adjourned for an hour to allow Mr Bindon an opportunity of considering whether he would call any witnesses. On the Court resuming,
Mr B indon stated that in the course of the case he had objected to certain evidence that had been tendered, and he wished to know whether his Honour would reserve a special case on the points for the consideration of the full court. He referred more particularly to the evidence given after Lonigan had been killed. He contended as the prisoner was not being tried for the murder of Kennedy or Scanlan, that therefore no evidence should have been given in regard to them.
His H onour said that if an act were doubtful or ambiguous, or capable of two meanings, the conduct of the person before, at the time or after the time of doing the act was admissible to show the motive and reason for his conduct. This evidence was admissible to show whether the shooting of Constable Lonigan were accidental or justifiable.
Mr S myth then addressed the jury, reviewing the evidence on behalf of the Crown.
Mr B indon then addressed the jury on behalf of the prisoner. The evidence, he said, was in one sense elaborate, but the great bulk of it was quite extraneous matter. It would be the duty of the jury to exclude every thing from their minds but what related to the death of Constable Lonigan. What occurred at Euroa, Jerilderie, and Glenrowan was altogether irrelevant, and with regard to what occurred at Stringybark Creek, they had only the evidence of one witness. That one witness (Constable McIntyre), had given a very consecutive and well prepared narrative after the event, but he was in such a state of trepidation at the time of the affray, that he could not have made the minute observations he professed to have done, and could not possibly have picked out the prisoner from amongst the gang as the particular person who shot Lonigan. His statement was therefore to be received with discredit. The prisoner and his three mates were following a lawful pursuit in the bush, when a party of men in disguise, fully armed―policemen in plain clothes, as they afterwards turned out to be―came upon them, and an unfortunate fracas occurred, in which Constable Lonigan lost his life.
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