The Argus at KellyGang 9/8/1880 (3)

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Const M'Intyre's evidence continued at the committal hearing

Mr Gaunson once more objected to this evidence, and characterised it as a blackguard proceeding to bolster up the charge against the prisoner.

Mr Foster said that, as he considered that the evidence tendered was according to law, it would be received.

Witness continued.―The prisoner, in reply to Senior-constable Kelly’s question, said, “No; it is Flood, is it not?” I said, “No, no; you took me for Flood the last time we met.” Prisoner then said, “Ah, yes; it is McIntyre.” I asked him, “Do you remember the last time we met?” and he replied, “Yes, I do.” I then said, “Didn’t I tell you on that occasion that I would rather be shot than tell you anything to lead to the death of the other two men?” The prisoner turned to Senior-constable Kelly, and said to him, “Yes; he told me he would rather be shot himself than bring the other two men into it. He was afraid they were going to be shot.” I then asked, “When I turned suddenly around I saw you had my chest covered?” Prisoner said, “Yes I had;” and I then said, “Yes, and when I held up my hands you shot Lonigan.” He replied, “No; Lonigan got behind some logs, and pointed his revolver at me. Did you not see that?” I answered, “No; that is only nonsense.” I then said, “Kennedy fired many shots at you,” and he replied, “Yes, he fired a lot. He must have fired nearly two rounds of his revolver.” I asked, “Why did you come near us at all, when you knew where we were; you could have kept out of the way?” He replied, “You would have soon found us out, and if we didn’t shoot you, you would have shot us. Our horses were poor, our firearms were bad, and we wanted to make a rise.” I then asked, “Did I show any cowardice?” and he said, “No.” We then left him.

Cross-examined by Mr Gaunson.―I am a native of Ireland , and 35 years of age. I made a special application to the Chief Commissioner of Police to be allowed to go to Glenrowan, and was allowed. Between 4 and five o’clock on the Monday afternoon I had a conversation with the chief commissioner of police, at the Glenrowan railway station. He asked me if Kelly was much changed, and I said “No,” and that I identified him. This was after the house had been burned. I saw the bodies of two persons taken out of the fire, but I could not tell who or what they were―they were so burned. No one ordered me to interview the prisoner at the Benalla lock-up. I obtained access to the prisoner with Senior-constable Kelly.

I needed not to have visited the prisoner had I been disinclined. The prisoner was wounded, and was lying down. He was seemingly sane. Neither the senior-constable nor I took any written notes of the conversation. I told Senior-constable Kelly what my evidence was to be as to our interview with the prisoner, and asked him if it was correct, and he said it was. There were a number of statements taken from me by newspaper reporters. My first report of the murders was given to Superintendent Sadleir. If I did not state in that report that Edward Kelly was the man who shot Lonigan and Scanlan, I should have done so. I was at the time in a very excited state. I never saw the prisoner or any of his mates prior to the murders. I recognised the prisoner, however, from a description given of him in the Police Gazette, where he was published as a man who was wanted for having attempted to murder Constable Fitzpatrick. I believe that the prisoner did attempt to murder Fitzpatrick, and I never told the prisoner that I believed that Fitzpatrick had perjured himself. I also recognised the prisoner from a strong likeness between him and the other members of his family. I also saw a photograph of the prisoner in Sergeant Kennedy’s hands. I do not know where that photograph is now; the prisoner may be able to tell you. It was taken in prison, some seven or eight years ago. In the Police Gazette the prisoner is described as having been born in 1856, but he looked much older in the photograph, for in it he appeared to have shaved. I will not swear that it was the photograph of the prisoner, but Sergeant Kennedy said it was.


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