The Argus at KellyGang 6/11/1880 (3)
Mr HAMILTON said he was glad to act as chairman, not merely on behalf of Edward Kelly, but as an advocate for the abolition of capital punishment. (Applause.) He called upon the audience to listen as if their own lives depended on the issue.
Mr D GAUNSON, who was then called, said he trusted that the remarks he was about to make would be received with no applause and with no dissent. The resolution he desired the meeting to pass was as follows:―
“That this meeting, having considered all the circumstances of Edward Kelly’s case, believes it is one fit for the exercise of the Royal prerogative of mercy, and therefore earnestly prays His Excellency the Governor in Council to favourably regard the prayer of this meeting―that the life of the prisoner may be spared.”
(Applause, and a voice, “What about the widows and orphans he has made?”) He would again caution the meeting not to applaud or interject, as it was a very solemn business they had met to consider. He then gave a lengthy narrative of the Kelly case, commencing with the wounding of Constable Fitzpatrick at Greta and the arrest and conviction of Kelly’s mother, Skillian (his brother-in-law), and the man Williamson, and the issuing of warrants for the arrest of Edward and Daniel Kelly on a charge of attempted murder. He reminded his audience that the trial of Kelly’s mother and her fellow-prisoners took place in October, 1878, and that they were convicted on the sole testimony of Fitzpatrick.
During the six months which elapsed between the laying of the information against the Kellys and the conviction of their mother the police searched for the brothers about their residence at Greta, and if his instructions were correct they certainly did not in that search behave over-nicely to the Kelly family. (Hear, hear.) He would be ashamed to say anything which might seem to show that he sympathised with anything that was lawless, but if it were true that the police used the women of the Kelly family as shields―held them in front whilst they ransacked the skirtings and cupboards of the house with revolvers, then he would say the police had no lawful authority to do any such thing. (Applause.)
Moreover, ample evidence could be brought forward to prove that the police used threats as to what they would do with the two brothers if they ever came across them, and this fact was most important, bearing as it did on the state of the prisoner’s mind when the melancholy affair at the Wombat occurred. The Kelly brothers had, in the meantime, gone to a creek in the ranges, where they erected a residence, and were earning their livelihood at gold-mining when the police party from Mansfield, who came out to search for them, camped in their vicinity. When Constable McIntyre and Lonigan were bailed up, McIntyre being unarmed, at once surrendered, and instantly the prisoner shifted his rifle and fired at Lonigan, who fell. Shortly afterwards Kelly said, “Dear, dear, what a pity that man tried to get away,” showing that he had no desire to commit murder. The conversation that followed showed further that Kelly believed in his heart that the police had come out to take his life, for he asked if there was poison in the tea and also why the police had brought a Spencer rifle and a fowling piece if it had not been their intention to shoot him down. It was because he (Mr Gaunson) was firmly convinced that the unfortunate prisoner believed at the time of the frightful occurrence that the police had come out to shoot him and his brother down like dogs that he had come to address this meeting, and he would say that if Kelly was conscientiously under the mistaken belief that the police had such an intention, whatever the law might say about his act, they could not, according to their moral convictions, call it murder in the popular sense.
The proof that the police did have that intention lay in the facts that they set out unusually armed, that Constable Fitzpatrick could swear that some of the arresting party had bragged how they would shoot down Kelly like a dog, and that one of the party was chosen on account of being a superior marksman. Kelly was not the bloodthirsty wretch he was represented to be. He gave all the unfortunate police an opportunity of surrendering, and he never harmed any one either at Euroa or Jerilderie. He indeed arranged with McIntyre to spare the lives of Kennedy and Scanlan if they surrendered, as all he wanted was their horses and arms, but McIntyre, in his trepidation, failed to explain the situation properly to Kennedy, and the latter treating it as a joke, laid his hand on his revolver. Within in a week the Kelly gang were outlawed, and the unfortunate men had to live like beasts. They were at proclaimed war with the whole country, but they never committed a single act of personal violence towards any man, child, or woman. (Applause.)
True, the prisoner robbed banks, but the punishment for that was not hanging. (Hear, hear.) With regard to the shooting of the man Sherritt, all the facts went to show that the condemned man was not present, and that he knew nothing of it whatever; and as to the pulling up of the rails at Glenrowan, the fact was that the prisoner had no intention of destroying the special train and its occupants, but actually arranged with Curnow to stop the train, with the view of capturing the police party, and of then exchanging Superintendent Hare for his mother, and Inspector O’Connor for Skillian, and of keeping the others as hostages for the lives of the gang. The statement of the prisoner that he did intend to wreck the train and shoot down the survivors was explained by the fact that he was at the time in great agony and misery. As to the killing of Sergeant Kennedy, it was either done when he was lying wounded, to save him from being tortured in his last moments by wild beasts, or when he was on his legs and fighting. At his trial the prisoner was unable to obtain a fair defence, in consequence of his counsel being refused a postponement to study the case. To those who said justice should be meted out, he (Mr Gaunson) would reply, “Though justice be thy plea, consider this, that in the course of justice none of us shall see salvation. We do pray for mercy, and that same prayer doth teach us all to render the deeds of mercy.” He then moved the resolution given above.
Mr J P T CAULFIELD seconded the motion, and on a show of hands being called for, it was carried unanimously.
Mr W GAUNSON explained that as the Governor had intimated his inability―through press of business―to receive the resolution of the meeting that night, the procession to Government-house had to be abandoned. His Excellency had, however, signified that he would receive a deputation from the meeting next morning, at half-past 10 o’clock, and the resolution would be presented at that hour.
It was resolved that the resolution be presented to the Governor next morning, and the proceedings the terminated.
end
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