Difference between revisions of "The Age (45)"

Latest revision as of 21:19, 20 November 2015

The Age continued with its report of the KellyGang

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In reply to Mr Gaunson, Senior-constable Kelly said: I cannot tell why Sergeant Steele and Bracken were not called as witnesses. I cannot tell when Cherry was shot. I heard at nine o’clock in the morning that he had been shot. Mr Smyth objected that evidence should not be taken as regards the death of Cherry. He did not wish to say that Kelly had murdered Cherry, but there was every reason to, believe that he had done so.

Mr Gaunson said he knew they were not investigating the Cherry murder, but it was possible that at some future time the police would be charged with the murder. Law would not justify their action.

Mr Smyth said the Times in London had stated that the bravery of the Victorian police was beyond all praise.

Witness continued: I hear that the boy Jones was shot at an early hour in the morning, between three and five o’clock . I did not hear the statement that the prisoner had shot Cherry for two or three days. On the morning of the fight at Glenrowan I asked Sub-inspector O’Connor, who was in the train, to come with me to place the men. He did not do so. I expect a portion of the reward. I believe that Sergeant Steele , Bracken and Johnson also expect a portion of the reward.

This closed the case for the Crown.

Mr Gaunson said he did not propose to say anything against the committal of the prisoner, but he desired to make a few remarks. The application which he had made for the remand on last Friday had been made in good faith, and he though his Worship would see that the consequence of its being refused had hampered the prisoner in his defence, because he (Mr Gaunson) had been unacquainted with the facts of the case, and that prevented his framing his line of cross-examination. Kelly had not been fairly treated, as shown even by the evidence of Senior-constable Kelly . He had been catechised without caution, and had been refused the reasonable request that his friends and relatives might see him. He trusted, however, that his Worship, as visiting justice of the gaol, would permit Kelly to see his friends.

Mr Foster said he was simply impotent to grant the application or to interfere with the orders of the Chief Secretary. The prisoner was then formally committed for trial.

Dick Hart and Kate Kelly arrived here from Greta by the afternoon train. Kate Kelly was permitted to pass through the side door, but Hart was not allowed to enter there. Kate Kelly was shown to a seat by Mr W Gaunson . She was dressed in deep mourning.

After Mr Foster had pronounced the words, ‘The court is adjourned,’ Kate Kelly rose from her seat and walked to the side of the dock, over which her brother leaned and kissed her most affectionately. They clasped hands and for a moment gazed at each other. They were then separated. The young girl, who by the way is only 17 years of age, then left the court. She stood by the side entrance through which the prisoner was expected to appear, and on his removal from his cell into the cab in which he was to be conveyed back to gaol, his sister again shook hands with him, and kissing him, said ‘Good bye, Ned, God bless you.’

There is no truth in the rumor that M’Auliff had run away with the Kelly plant end

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