Difference between revisions of "The Age (53)"

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Latest revision as of 22:19, 20 November 2015

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Mr Bindon, in addressing the jury for the defence, said it was his intention, in conducting this case, not to refer or introduce a variety of matters which had nothing to do with the present trial, but, unfortunately, his intentions were rendered futile by the Crown, who brought forward a number of things foreign to the present case. The question still remained how far this material was to be used in influencing the jury in arriving at a verdict. According to all principles of fairness, these matters should not have been brought forward, because the only thing that the jury was concerned in was the shooting of Lonigan. With the shooting of Kennedy and the proceedings at Glenrowan and at Jerilderie the jury had nothing whatever to do at present, and he therefore requested them to keep these things from their minds. In M’Intyre’s evidence a long account was given of what took place in the Wombat Ranges , but he would point out that the police had appeared on the scene, not in uniform, but plain clothes, and armed to the teeth. A unfortunate fracas occurred, which resulted in the shooting of Lonigan. The point to which he wished to draw special attention was that the only account of the affair came from M’Intyre, who was a prejudiced witness. He thought M’Intyre was not a witness who, under the peculiar circumstances, could give an accurate account of what occurred. M’Intyre said he was as cool as possible, but he must have been in such a state of excitement that it could not be expected of him to distinguish correctly what actually did take place. Because the Kellys were found in the bush, it did not follow that they were secreting themselves,; on the contrary, they were following their ordinary occupations in this solitary part of the country when they fell in with this armed party of men. The Kellys did not know who these people were, and it was a most dangerous doctrine to rest on the evidence of one man more especially when the charge was that one man shot another deliberately and in cold blood. The evidence of M’Intyre should be received with very great suspicion; and with regard to the confessions of the prisoner made at various times, these were uttered either for the purpose of intimidation or to screen others who were associated with him, and therefore the evidence was of no use whatever in corroboration of M’Iintyre’s version of the transaction. From that point of view, the conversation was merely illusory in its character. Even assuming M’Intyre to be the most virtuous man in the world, it was necessary, under the peculiar circumstances, that the jury should receive his statements with the greatest caution. There were only M’Intyre and the prisoner who now could saw anything of the affair. The prisoner’s mouth was shut, but if he could be sworn then he would give a totally different version of the transaction. He asked them not to believe M’Intyre’s statement regarding the death of Lonigan. Of course it would be nonsense to say that Lonigan was not shot, but the point was by whom was he shot. The deaths of Kennedy and Scanlan were not to be allowed to influence the minds of the jury in arriving at a verdict on the case. There was no ground for the Crown to say the police had fallen amongst a lot of assassins. The Kellys were not assassins. The whole career of the prisoner showed that he was not an assassin, a cold-blooded murderer, or a thief. On the contrary, he had proved himself to have the greatest possible respect for human life. The story of M’Intyre was too good to be true. It showed the signs of deliberate, and careful preparation, and of being afterwards carefully studied. He asked would the jury convict a man upon the evidence of a single witness, and that a prejudiced witness? If they had the smallest doubt, he trusted the jury would give a verdict in this case different from that which the Crown expected.

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