Difference between revisions of "The Age (41)"

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The Age continued with its report of Ned Kelly's committal hearing in Beechworth

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TRIAL OF KELLY AT BEECHWORTH

[BY ELECTRONIC TELEGRAPH]

[FROM OUR OWN CORRESPONDENT]

Beechworth , 10 th August

The trial of Edward Kelly, charged with the murder of Constable Lonigan, was continued to day before Mr Foster. The court was crowded.

Robert Scott deposed: I was manager of the National Bank at Euroa on the 10 th December 1878 . I saw the prisoner about four minutes to four o’clock that day . He was followed into the bank by Hart. Prisoner had a revolver in each hand. He asked me to bailup. I said, “There is no hurry, I suppose.” and he then pointed his revolver to me, and I put up my hands. He then robbed the bank, and ordered me with my servant into a spring cart. We drove to Euroa. He drove part of the way, and I drove the other part of the way. We spoke of the murder in the Wombat Ranges . I asked him, “Who shot Lonigan?” and he said “I shot him.”

To Mr Gaunson: Miss Shaw was in the spring cart all the time.

Robert M’Dougall deposed: I was book binder in the Government printing office in December, 1878. I was in Euroa on the 10 th December 1878 . On that day I was returning from a shooting excursion in the Strathbogie Ranges . Mr HS Dudley, Mr Casey and Mr Tennant were with me. We were going through Younghusband’s station to Mr Casey’s when the prisoner came behind us on horseback, and, covering me with a revolver, he said, “Turn round, the station is stuck up.” I stopped, and Dudley asked him by what authority he stuck them up. I got out of the cart, and Casey, the owner, was about to get into it again, when Kelly said, “You are Ned Kelly. You have stolen that spring cart.” Dudley said, “We have not, we are honest men.” Prisoner produced a pair of handcuffs, and said to Dudley , “I will put them on you.” Dudley replied, “I will report you to your superior officer.” We all thought he was a policeman. Just then Mr Tennant came up, and asked, “What is the matter.” Tennant had been riding on horseback. Dudley said, “The station is stuck up.” Tennant said, “Let us get the cart and load the guns.” Kelly told him not to do so. We all thought at that time that he was a constable.

We were ordered to go to the station, and we saw Byrne bring other men there from the rail way. Stephens, one of the station hands, introduced Ned Kelly to us. He said, :This is Mr Ned Kelly.” We were put into the storeroom with other prisoners. Some time after two o’clock Mr Dudley and I were standing apart from the other prisoners. Kelly said to Dudley , “Is is not bad enough to be called a proscribed outlaw, without having to be taking cheek from the likes of you? Dudley had been giving him cheek. When we were first taken he was getting outrageous. I could see it.

Mr Gaunson: That is because you though he was a policeman.

Witness: Yes. Prisoner took out a gold watch and said to Dudley , “This is a nice watch.” Dudley said, “Yes.” Prisoner said, “This was poor Kennedy’s watch. Was it not better for me that I shot the police than have them carry my body into Mansfield a mangled corpse?” He had a rifle, but I do not recollect his stating where he got it. It was a policeman’s rifle.

Cross examined: I would not swear it was a policeman’s rifle. I came here on Thursday, and spoke to Stephens in the witness room on Friday. When we were stuck up I had a double barrelled fowling piece and a rifle. We had ammunition, about eighty or ninety bullets. We were kangarooing in the Strathbogie Ranges and were not Kelly hunting. We had no idea of meeting them. When Tennant proposed to load the gun he said to Kelly. We will help you; we thought them that Kelly was a policeman. When he told us that the station was stuck up we did not know who it was by. I can’t swear that the gold watch – (produced by Mr Gaunson) – was the watch Kelly had. It might be the watch for all I know. Tennant has a hasty temper, and was going to have a fight with prisoner, but he thought better of it. He treated us very well for all that.

To Mr Chomley: The rifle, gun and ammunition were also taken. I last saw them in the hands of Byrne. I never saw them any more, or the bottle of whisky we had in the cart. (Laughter)

Henry Dudley deposed: I am a ledger maker employed at the Government printing office. I was in the last witness’s company on the 10th December, 1878. We were in a spring cart at Younghusband’s station. Tennant, on horse back, had gone on to open the railway gates. Kelly rode up and presented a revolver at us saying, “The station is stuck up.” I left irritated because he said, “Where did you shake that horse and trap?” I thought he was a policeman. I said, “How dare you charge honest gentlemen with stealing any horse and cart? It was not my cart, but I said so I said so, “I will report you to your superior officer. He said “Hold your tongue, or I will blow your brains out.” He then ordered us to the station, where we saw Stephens, Kelly said to him. “Tell those gentlemen who ? as they do not appear to comprehend” Stephens then told me that he was Edward Kelly. We were looked up in the storeroom. Kelly, on one occasion came in. He produced a gold watch and said to me, “That is a nice watch; it belonded to Kennedy. Was it not better for me to shoot the police than to let them carry my body a managed ? me into Mansfield .” He did not name any of the police.

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