The Age (51)

SENTENCED TO DEATH

The trial of Edward Kelly for the murder of Constable Thomas Lonigan was resumed yesterday morning at the Central Criminal Court, before Mr Justice Barry and a jury of twelve.

Mr CA Smyth, with Mr Chomley, conducted the case for the Crown; and Mr Bindon, instructed by Mr Gaunson, appeared for the prisoner.

[[../../people/peB/BecroftFH.html|Frank Beaucroft]], draper’s assistant, deposed that he was struck up by prisoner and his mates on Younghusband’s station. He was locked up in a room all night along with a number of other people. During the night prisoner confessed having shot Lonigan in the Wombat Ranges .

Robert Scott, manager of the National Bank at Euroa, also gave evidence to the effect that after the bank was stuck up and robbed of ₤2300. The prisoner, in a conversation on the way to Younghusband’s station, said that he had shot Lonigan.

Constable Henry Richards , stationed in New South Wales , deposed that he was present when the Kelly gang stuck up the police station and bank at Jerilderie. The prisoner said to witnesses that he did not go into the Wombat Ranges to shoot the constables, but to get their arms and horses and to make a rise. “But,” he added, “there are some members of the Victorian police whom I will roast when I catch them.”

E M Irving, clerk in Bank of New South Wales, deposed that he was employed in the bank at Jerilderie when it was stuck up by the Kelly gang. The prisoner gave him a document about his life which he wanted printed. Witness gave the paper to the police.

JW Tarlton deposed that he was manager of the Jerilderie branch of the Bank of New South Wales when it was stuck up by the Kelly gang. The gang stuck up the bank while he was having a bath. While in the bar of the hotel, where twenty or thirty people were under guard of Hart and prisoner, a sort of speech was made by Ned Kelly. He said: “It is all very well to say that we shot the police in cold blood. We had to do it in self-defence.” He also said he had been driven to become an outlaw. The prisoner further remarked that he had himself shot Kennedy, Scanlan and Lonigan.

Senior constable Kelly deposed that in June last he was at Glenrowan. He said the prisoner made his appearance out of the bush. Witness told him to go back but prisoner continued to advance with a revolver in his hand. He fired upon the police, who returned the fire. After exchanging several shots, the prisoner staggered, and then Sergeant Steele rushed on him and seized him by the wrist. The prisoner was encased in armour made of plough shares and mould boards, which had the brand of Hugh Lennon.

Sergeant Steele stated that he was present at Glenrowan, and he described the capture of the prisoner.

S Reynolds, medical practitioner, residing at Mansfield , deposed that he made a post mortem examination of the body of Thomas Lonigan. There were four gunshot wounds on the body. The fatal wound was from a bullet which lodged in the eye, and which penetrated to the brain. He also made a post mortem examination of Sergeant Kennedy’s body. He thought Kennedy’s wound in the chest was received while he was standing.

This closed the case for the Crown.

Continued

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