Herald (40)

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The Herald

12/08/1880

... part of the KellyGang story

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NED KELLY’S TRIAL

Beechworth This Day

On resuming after lunch Dr Reynolds stated that he had made an examination of the body of Constable Scanlan on the Monday after he was shot. He then saw a mark of blood on the right side of the coat under the arm.  Next day he made a post mortem examination of the body, and found four bullet wounds. One in the right side of the body under the arm; one in the hip, one on the collar bone or shoulder, and one on the breastbone on opening the body he found a bullet on the inside of the bone of the chest. That bullet had entered through the eighth rib, and had carried a portion of the bone and clothing through the lungs, and on to the breast bone.  That wound would cause death in a very short time. He found the bullet. That with the that entered under the arm where the blod was on the coat. When he said that death would be caused in a short time, he meant within a few minutes. He should say from the nature of the wound that he would drop at once. After ascertaining this, he just took a bullet out of the shoulder, to satisfy himself that they were bullet wounds.

To Mr Gaunson: I saw Kennedy’s body after it was brought in. It was brought in it was very much decomposed. I noticed that one of the ears was gone.  The idea I formed, but of course it was merely a supposition  was that it had been eaten off by wild cats. It presented nothing to make me believe it had been cut off.

To Mr Smyth: I did not make a post mortem examination of Kennedy’s body. I was instructed it was not necessary.

Robert McDougall, employed in the Government printing office who was stuck up and made prisoner at Younghusband’s Station, repealed his evidence as given in the previous case.  At this juncture Kate Kelly, who with young Hart had just arrived by train, entered the court, and was accommodated with a seat within a couple of yards from where her brother was seated in the dock. She was dressed in the deepest mourning, and her demeanor was apparently bashful.  After talking her seat she gazed for some moments intently at her brother, who turned his head and smiled at her. Kate Kelly is far from being the dashing young woman she has been represented as being, but is decidedly attractive in appearance as could be seen, despite the fact that she wore a crape veil. Dick Hart stood in the body of the court near the fire place.

'George Stephens , formerly groom at Younghusband’s station, but latterly a police agent, repeated the evidence he he had previously given when he described how he found Ned Kelly, first had him covered with a revolver. The prisoner smiled maliciously, and quietly placed his hand on the front of the dock in the position of holding a revolver, pointed at the prisoner, and with his hand on the trigger. The whole movements plainly conveyed the words, “I wish I had you covered now.” The smile completely changed the aspect of the prisoner’s face. The popular verdict has been, by those who are not close observers, that Kelly has rather a good countenance, but this smile must completely have changed that opnion, if held by any who observed it. Immediately after this, the prisoner looked meaningly at his sister Kate, and moved his lips. She in reply slowly shock her head twice, but lowered her eyes after seeing the motion of the lips. When Kate Kelly presented herself for admission into the reserved portion of the court she was accompanied by Dick Hart, but the ' police refused to allow him in with her.  There is no truth whatever in the statement that the McAulliffes had found the “plant” and decamped, and that Tom Lloyd had gone in pursuit of them. The motion of prisoner’s lips to Kate Kelly was probably intended to convey a question as to whether the “plant” had been found, and the answer was in the negative.

The witness Stephens, in repeating the conversation he had with Kelly at Faithful Creek, added that Kelly told him that when he was pursuing Kennedy he picked up Scanlan’s Spencer rifle, and Kelly showed it to him.

continued

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