The Age (49)
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TRIAL OF EDWARD KELLY
At a special sitting of the Central Criminal Court, commenced yesterday before his Honor Mr Justice Barry, Edward Kelly was placed on trial having, in October, 1878, at Stringy Bark Creek, near Mansfield, murdered Constable Thomas Lonigan.
Messrs CA Smyth and Chomley prosecuted on behalf of the Crown. The prisoner was defended by Mr Bindon, instructed by Mr Gaunson.
At the outset, Mr Bindon made an application for a further postponement of the trial until the next sittings of the court. He stated that, owing to the number of persons through whom communications in respect to the defence of the prisoner had to pass, a great deal of valuable time had been lost. Negotiations had been pending until Monday last for the purpose of securing the services of Mr Molesworth, and it was only when they came to an end that the prisoner’s attorney had asked him (Mr Bindon) to undertake the defence. Since then he had made the utmost endeavours to make himself acquainted with the facts of the case, and also the law thereof, and before he could become thoroughly seized of it he would require a little more time.
His Honor said he could not grant any further postponement. The prisoner had had notice for two months that his trial was to take place during the present month, and why it should have been so procrastinated he could not tell. The prisoner would be treated with every consideration, and in the way his case deserved.
The jury having been empanelled, Mr CA Smyth opened the case. He stated the circumstances under which the party of police, consisting of Sergeant Kennedy, and Constables Lonigan, Scanlan and McIntyre, in October of 1878, left in search of the prisoner and his brother, Dan Kelly, in order to arrest them on the charge of shooting at Constable Fitzpatrick; how the police camp was surprised by the prisoner, at the head of a gang of three others; how Lonigan was thereupon shot, and how the search for the outlaws was continued, and ended in the events which transpired at Glenrowan, in June last. He said the jury would have to disabuse their minds of any impression they had previously formed regarding the prisoner, and from the evidence that would be tendered satisfy themselves that Constable Lonigan had been murdered, and that the murder was committed as set out in the presentment filed against the prisoner.
The following evidence was then called:-
Detective Ward produced a warrant dated 15th March, 1878, for the arrest of the prisoner on a charge of horse stealing. He also produced a warrant to apprehend Daniel Kelly for the same offence.
Cross-examined: He had been connected with the pursuit of the Kelly gang since the 29th September, 1879. He was chiefly stationed in the ranges.
Constable P Day produced a warrant for the apprehension of the prisoner for the attempted murder of Constable Fitzpatrick.
Constable Thomas McIntyre deposed that on the 25th October, 1878, he left Mansfield with a party of police in charge of Sergeant Kennedy. The party consisted of Michael Scanlan, Thomas Lonigan and witness. They were organised to search for the Kelly robbers. On the 25th October they got about twenty miles into the Wombat Ranges, where they camped for the night. Kennedy and Scanlan left the camp on horseback, to patrol. During the afternoon witness with his fowling-piece, shot at a couple of parrots. About four pm a fire was lit, principally to guide Kennedy and Scanlan to the camp. Nearly an hour afterwards he was standing with his face to the fire, and heard a voice say, “Bail up; hold up your hands.” Witness was unarmed at the time. Turning round he saw four men, each armed with a gun, which were presented at Lonigan and witness. Prisoner was one of the four, who were partly concealed in the spear grass, which was about 5 feet high. Witness threw up his arm, and after he had done this he saw prisoner remove his rifle from a line with witness’s chest, and point it at Lonigan and fire. Lonigan fell, and sang out, “O, Christ, I’m shot!” The four men then said, “Keep your hands up,” and then walked towards the camp. The prisoner next covered witness with a revolver, and then searched him for his fire arms.
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