The Argus at KellyGang 5/11/1878
At the instance of the Attorney General an application was made by the Crown solicitor to the Chief Justice yesterday for orders requiring Edward and Daniel Kelly and their two associates to surrender themselves. The application was made under the Felons Apprehension Act passed last week and the necessary formalities having been gone through, his Honour granted an order against each of the gang, callng upon them to surrender at Mansfield on or before Tuesday the 12th inst to stand their trial for murder. The orders or summonses are published this morning, and if the accused fail to comply with them, they will be declared outlaws. The police authorities in town seem to give evidence to the report that the bushrangers are lurking about the Rat's Castle ranges, near Indigo Creek and reinforcements of police have been sent to that district by special trains. This is all the foundation there appears to be for the rumours which were widely circulated yesterday as to the running down and capture of the gang. We publish this morning an interesting letter from our special reporter at Benalla.
THE POLICE MURDERS
The report of Superintendent Nicolson that the gang of bushrangers were believed to be lurking in the ranges of “Rats’ Castle,” near Indigo Creek, was acted on promptly, and if the ruffians are really concealed in that quarter, the probability is that by this time they are surrounded by a cordon of police. A special train was run from Broadford to Chiltern yesterday morning with re info rcements for Superintendent Nicolson, consisting of mounted constables called in from outlying districts. The railway gates at Tarrawinga were not opened, and the train dashed through them, happily without any serious result. No info rmation as to the operations of the police can be obtained from official sources. The following telegram is from our Chiltern correspondent:—
“Chiltern, Monday, 9.30 p.m.
“There is nothing definite to report up to the present time concerning the bushrangers. There are several parties out in the direction of “Rats’ Castle,” where the gang are believed to be secreted. This place is situated between the Indigo Creek and Yackandandah, and is a most inaccessible place. It is confidently believed that the miscreants are on this side of the border, as the River Murray is running very high at the present time, and is almost impossible to be crossed.”
Yesterday afternoon an application was made to his Honour the Chief Justice by Mr Gurner, the Crown solicitor, under the Felons Apprehension Act recently passed, for an order requiring Edward and Daniel Kelly and their two associates to surrender themselves. The application was based upon an affidavit sworn by Captain F C Standish, the chief commissioner of police, which was as follows:—
“On the 1 st November, 1878 , information made on oath was sworn by W A Mainwaring before Fredk Call Esq, a police magistrate in and for the colony of Victoria, and a justice of the peace in and for the said colony, that Edward Kelly, of Greta, in the said colony, on the 26 th October, 1878, at Stringybark Creek, near Mansfield, in the northern bailiwick of the said colony, in company with one Daniel Kelly and two other men whose names are unknown to the said Wm Mainwaring, did feloniously and with malice aforethought kill and murder one Michael Scanlan.
2. A warrant was, on the 1 st November, thereupon duly issued by the said Fredk Call, as such police magistrate and justice of the police as aforesaid, for the apprehension of the said Edward Kelly, charging him with the offence as aforesaid, which is a felony punishable by law with death.
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