The Complete Inner History of the KellyGang and their Pursuers (4)

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CHAPTER 1

continued

During the latter part of 1870 there were record-floods in the North- Eastern district of Victoria. Two hawkers were bogged in the vicinity of Kelly's homestead. One of the hawkers - Ben Gould - was bogged quite close to Kelly's house; the other, McCormack, with his wife, was bogged a mile away to the north. McCormack's horse got away from the camp and was making its way home to Benalla. Ned Kelly recognised the horse and caught it with the intention of returning it to its owner. Someone suggested that now, with an extra horse-power, Ben could be pulled out of the bog. This was done. Ned then took the stray horse back to its owner. McCormack not only did not thank him for his neighbourly act, but he accused him of having stolen his horse to pull his rival out. Ned replied: Your horse was making its way back to Benalla, and if I had not caught it you would have had to go twelve miles to Benalla for it. But, continued Ned, I did pull Ben Gould out of the bog, and brought him back to you.

Next day Ben Gould assisted the Kellys in branding and castrating calves, and decided to play a joke on McCormack.

Having no children Mrs McCormack always accompanied her husband when hawking in the country. Gould made up a parcel of giblets taken from the bull calves and attached a note containing directions, which if followed, would increase the population. so much needed in a new country. Gould then handed the parcel to Ned Kelly, who, in turn, handed it to a younger boy, Tom Lloyd, saying: "Give this to Mrs McCormack." The lad did as directed saying: "Ned Kelly gave me this parcel for you." McCormack and his wife were annoyed at the rude joke. A few days later Ned Kelly was passing McCormack's camp; the latter saw him coming and determined to give Ned a good thrashing, to teach him manners with a stick. McCormack appeared and blocked the track. Ned could neither escape to the right or to the left, and as McCormack advanced to waylay him, Ned jabbed his spurs into his horse, which made a sudden bound forward, knocking the aggressor down. Ned went on his way rejoicing at his escape. Bruised and defeated McCormack went to the Greta Police Station and laid two charges against Ned Kelly. He charged Ned with having sent his wife an obscene note, and with having committed a violent assault on himself. Ned was arrested, convicted and sentenced to three months on each charge.

This was the first win for the Assistant Chief Commissioner of Police, Supt C H Nicolson, who played for the forfeiture of Ned Kelly's freedom with, metaphorically speaking, "Loaded Dice," as the following will prove even to the most sceptical.- Supt Nicolson reported to Capt. Standish as follows:-

"I visited the notorious Mrs Kelly's house on the road from hence to Benalla. She lived on a piece of cleared and partly cultivated land on the roadside in an old wooden hut with a large bark roof. The dwelling was divided into five apartments by partitions of blanketing rugs, etc. There were no men in the house - only children and two girls about 14 years of age, said to be her daughters. They all appeared to be existing in poverty and squalor. She said her sons were out at work, but did not indicate where, and that their relatives seldom came near them. However, their communications with each other are known to the police.

"Until this gang (sic) referred to is rooted out of the neighbourhood, one of the most experienced, and successful mounted constables in the district will be required in charge of Greta. I do not think the present arrangements are sufficient. Second-class Sergeant Steele of Wangaratta keeps the offenders (sic) referred to under as good surveillance as the distance and means at his command will permit. But I submit that Constable Thom would hardly be able to cope with these men. At the same time some of these offenders may commit themselves foolishly some day, and may be apprehended and convicted in a very ordinary manner."

When the above was written there was no charge, of any kind, pending against any member of the Kelly family. Yet they were referred to as offenders.

The above report was brought forward in evidence before the Royal Commission in June, 1881, and was further added to by the following evidence given on oath, by the Assistant Chief Commissioner of Police, Supt C H Nicolson, as his brazen confession of having used, metaphorically speaking, "Loaded Dice."

"This (the foregoing report) was the cause of my instructions to the police generally, and I had expressed my opinion since to the officer in charge of that district, that without oppressing the people or worrying them in any way, he should endeavour. whenever they committed any paltry crime, to bring them to justice and send them to Pentridge even on a paltry sentence, the object being to take their prestige away from them, which was as good an effect as being sent to prison with very heavy sentences, because the prestige those men get up there from what is termed their flashness helped to keep them together, and that is a very good way of taking the flashness out of them."

Although Supt. Nicolson, as Assistant Chief Commissioner of Police of Victoria, used the above quoted Loaded Dice in playing to forfeit the freedom of members of the Kelly family, he was doomed to failure. The Royal Commission caused his removal from the Police Force in the Police Purge of 1881.

After doing six months by a most outrageous Miscarriage of Justice, in the McCormack affair, Ned Kelly was released from gaol in May, 1871, but his troubles were by no means over. The Loaded Dice was still on active service.

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This document gives you the text of this book about the KellyGang. The text has been retyped from a copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. We also apologise for any typographical errors. JJ Kenneally was one of the first authors to tell this story from the KellyGang's point of view

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