Difference between revisions of "The Age (50)"

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Const McIntyre continued

He afterwards went to where Lonigan was lying and took his revolver.  Prisoner said, “Dear, dear, what a pity that man tried to get away.”  Prisoner told witness that he had better get Kennedy and Scanlan to surrender, “because if they don’t surrender, we will shoot you, and if they get away we will shoot you.”  While this conversation was proceeding, prisoner said, “Hist, lads, here they come.”  Kennedy was advancing in front.  Witness was told by prisoner to sit on a log.  He said, “Mind you give no alarm, or I will put a hole in you.”  When about 20 yards distance, witness said to Kennedy, “O, sergeant, you are surrounded, you had better surrender.”  Prisoner at the same time jumped up and said “bail up.”  Kennedy put his hand on his revolver and prisoner then fired a shot, which did not take effect.  Scanlan was dismounting, and got somewhat flurried; he missed his footing, and, to save himself from falling, he let go his Spencer rifle which he had grasped, and fell upon his hands and knees.  While in this position he received a shot, fired by prisoner.  Scanlan rolled over on the ground.  Kennedy at the same time put his face on his horse’s neck and rolled off on the off side.  Witness then caught Kennedy’s horse, and he succeeded in mounting it, although it was very restive, and getting away into the bush.  He heard several other shots fired afterwards.  After riding about two miles, he was thrown off the horse.  He remained in the bush all night, and reached Mansfield on the following day (Sunday) about noon.  A search party was organised, and on Monday morning the bodies of Scanlan and Lonigan were found.  Kennedy’s body was not discovered until two days afterwards.  The tent had been burnt.  After the prisoner’s arrest, the witness saw him at the Benalla lock-up.  In answering several questions, prisoner said that Kennedy had fired about two rounds from his revolver.

Cross-examined by Mr Bindon: Before starting for the Wombat Ranges, witness had not seen the warrant for the apprehension of the Kellys, but he saw by the Police Gazette that the warrants had been issued.  He had no idea of escaping when he caught hold of Kennedy’s horse.

George Stephens , groom, deposed that he was in the employ of Mr Younghusband when the Kelly gang stuck up the station in December, 1878.  After the station was stuck-up, the prisoner narrated to witness what took place in the Wombat Ranges after Constable McIntyre left.  He said he had shot Lonigan through the head, and also that he had wounded Scanlan, who fell on his head.  Kennedy retreated to the trees and kept up a fire.  While retreating in this manner, the prisoner said he followed him, and at last shot him through the chest.

Cross-examined: Witness informed the police of the circumstances, and a few days afterwards he was employed as a private detective in searching for the Kelly gang.  He expected to receive further employment in the Government service.

William Fitzgerald , labourer, gave corroborative evidence as to the narrative given by the prisoner of the tragedy in the Wombat Ranges.

Henry Dudley gave evidence about the prisoner showing him Sergeant Kennedy’s watch, and remarking, “Which do you think was the best, that I should shoot Kennedy or that he should shoot me?”

Robert Macdougall , warehouseman, gave corroborative evidence.

J Gloster , hawker, deposed that he was amongst the men who were stuck-up on Younghusband’s station.  The prisoner told him that he shot both Kennedy and Lonigan.

The court, at a few minutes past six o’clock, adjourned until nine o’clock this day.

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