The Argus at KellyGang 9/8/1880 (2)
Const M'Intyre's evidence continued at the committal hearing
Kennedy smiled, and playfully put his hand upon his revolver, which was in a case on his side. Immediately he did so the prisoner fired at him, but missed. Kennedy’s face then assumed a serious aspect. I turned and looked at the prisoner and his mates. They came out from their concealment, ran up with their guns, each crying out, “Bail up! Hold up your hands.” When the prisoner fired at Kennedy he was behind the log, resting on his right knee. He then threw down his discharged gun, picked up the loaded one, and pointed it in the direction of Scanlan. I again looked at Kennedy, and saw him throw himself on his face on his horse’s neck, and roll off on the off side. At the time he did this about four more shots were fired. Scanlan, who had pulled up at about 30 yards from the prisoner, was in the act of dismounting when he first heard the call “Bail up.” In dismounting he fell on his knees, and caught at his rifle as if he were taking it off his shoulders over which it was slung in a strap. He endeavoured to get up on his feet, but again fell on his hands and knees, and when in that position he was shot under the right arm. The prisoner covered Scanlan with his gun, and fired at him, but three or four other shots were fired by the others at the same time. Seeing Scanlan fall I expected no mercy, and therefore caught and mounted Kennedy’s horse which was close to me. Before I mounted the horse was restless with the firing. I turned his head north, and he moved a full length of himself whilst I struggled to get into the saddle. Having mounted I got the horse to start. Kennedy must have seen me mount, but he said nothing. Whilst I was riding away, I heard shots fired, but at whom I could not say. I had seen that Scanlan was hit under the right arm, for I noticed a blood spot on his coat immediately after he was shot, and he fell over on his back. I made away in a northerly direction 200 or 300 yards, and being then out of sight of the camp, turned westerly towards the telegraph line between Benalla and Mansfield. As I rode I was knocked off the horse by the timber, and was in the bush all night.
On Sunday morning I was as far from Mansfield as when I started the previous evening. I had got bushed. About 3 o’clock on Sunday afternoon I reported at Mansfield what had occurred to Sub-inspector Pewtress, who organised a search party. I joined the party, and we left Mansfield about two hours after I arrived there. It was almost dark when we started, and it was about 2 o’clock in the morning when we arrived at the scene of the murders. We found the dead bodies of Lonigan and Scanlan and made a search for Kennedy, but did not succeed in finding him at that time. Our tent had been burned down, and part of our property that was not burned was removed. The only thing that remained was a tin plate. Sub-inspector Pewtress came out in charge of the search party. About day-light Dr Reynolds arrived, and made a post-mortem examination of the bodies. The bodies were picked up and conveyed to Mansfield . I was present at the magisterial inquiry held on the body of Lonigan. Dr Reynolds gave evidence, and I saw some bullets he produced. One bullet was pointed out to me by Dr Reynolds as having been taken from Lonigan’s body. On the following Thursday I saw Kennedy’s body, which had been found, and brought into Mansfield . On it a magisterial inquiry was also held. Kennedy had a valuable gold watch when he left Mansfield . I saw it with him in the tent on Friday night. I never saw the prisoner again until at Glenrowan on the 28th of June last. When I arrived at Glenrowan the prisoner had been arrested. I had a conversation with the prisoner after his arrest.
Mr Gaunson objected to this conversation being given as evidence, on the ground that it was illegal to extract evidence from a prisoner.
The objection was overruled.
Witness continued.―I went to Benalla lockup with Senior-constable Kelly on the Tuesday afternoon after the Glenrowan affair, and had a conversation with the prisoner in his cell. Senior-constable Kelly said, “Do you know this man?”―pointing to me.
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