Difference between revisions of "The Argus at KellyGang 30/10/1880 (2)"

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THE TRIAL OF EDWARD KELLY

SENTENCE OF DEATH

The trial of Edward Kelly on the charge of murdering Constable Lonigan was resumed in the Central Criminal Court yesterday, before his Honour Mr Justice Barry. The Court reassembled at 9 o’clock .

Mr C A Smyth and Mr Chomley prosecuted, and Mr Bindon appeared for the defence.

Frank Beacroft, draper’s assistant living at Longwood, said that he was with Mr Gloucester at the time the Faithfull’s Creek station was stuck up. He gave evidence similar to that of Gloucester in reference to the statements made by the prisoner as to the manner in which Lonigan had been shot.

Robert Scott , manager of the National Bank at Euroa, gave evidence as to the prisoner sticking the bank on the 10 th December, 1878 . He asked Kelly who shot Lonigan. Kelly said, “Oh, I shot Lonigan.”

Cross-examined by Mr Bindon. The prisoner treated me and Mrs Scott well.

Henry Richards , police constable stationed at Jerilderie, New South Wales, said that in February, 1879, the police station there was stuck up by the prisoner and three other men. Prisoner said he had come to shoot him because he tried to shoot him (Kelly) on the punt at Tocumwal two months before. He said he also intended to shoot Constable Devine, as he was worse than a blacktracker, and was always following him about. Constable Devine asked the prisoner about the shooting of the police in Victoria . The prisoner said that a reward of £100 had been offered for him for shooting Constable Fitzpatrick. He was not guilty of that, as he was 200 miles away at the time that Fitzpatrick was shot in this way. He had gone to arrest Dan Kelly; that his mother asked him if he had a warrant, and he said he had not, and his mother then said that Fitzpatrick could not arrest Dan if Ned was there; that Dan tried to take the pistol from Fitzpatrick, and in the scuffle the pistol went off. Prisoner also said that he had not gone out to shoot Kennedy, Scanlan, and Lonigan, but was determined to get their arms. The reason he shot them was that they were persecuting him. He said he had Sergeant Kennedy’s watch, and he intended to return it in course of time.

Cross-examined. Kelly told Mrs Devine that he would not shoot her husband. The remark about the shooting at Tocumwal referred to this. About two months before, while he and another constable were on patrol duty on the New South Wales side of the Murray , they saw four men in a punt, and he called out that he would shoot them if they did not answer. The men proved to be Victorian police.

Edward M Living , clerk in the Bank of New South Wales, Jerilderie, said that after the bank was robbed, in the course of a conversation with him, prisoner said that he had shot the police with a gun he had. “It was an old one, but a good one, and would shoot round a corner.” Prisoner went to the newspaper office to give a written statement for publication. The proprietor was not in, and his wife refused to take it. Prisoner gave him the statement, and he afterwards handed it to the police.

The statement was tendered in evidence, but was not received.

John Wm Tarlton , clerk in New Zealand , was clerk at the Bank of New South Wales, Jerilderie, in February, 1879. Prisoner stated that people talked about their shooting the police, but they had done it in self defence. The police had been persecuting him ever since he was 14, and he had been driven to become an outlaw. He had a revolver which he said was taken from Lonigan after he was shot. He said he shot Kennedy and Lonigan, and that Hart and Byrne were miles away at the time. The prisoner left the impression that he had done all the shooting himself.

John Kelly, senior constable of police, gave evidence as to the Glenrowan affair, and produced the armour the prisoner had on when he was wounded. Prisoner said to Constable Bracken, “Save me; I saved you.” He (witness) replied, “You showed little mercy to Sergeant Kennedy and Scanlan.” Prisoner said, “I had to shoot them or they would have shot me.” Asked him where Kennedy’s watch was, and he said he didn’t care to tell. The witness corroborated Constable McIntyre’s version of the conversation between him and the prisoner at the lockup. Between 3 and 6 o’clock the same morning had another conversation with prisoner in the presence of Constable Ryan. Gave him some milk-and-water. Asked him if Fitzpatrick’s statement was correct. Prisoner said, “Yes, I shot him.”

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