The True Story of the KellyGang of Bushrangers Chapter 6 page 5

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The other notices are identical with the above, except that those to Edward and Daniel Kelly are addressed to them by name, while the third notice is addressed ‘To a man whose name is unknown, but whose person is described as follows: Twenty one years of age, five feet nine inches high, very fair beard, long on chin, fair complexion hair and moustache, supposed to be identical with Charles Brown, of King River, in the said colony.’

To give the bushrangers every facility of surrendering in accordance with this proclamation, the Court House at Mansfield was kept open all day on Tuesday, November 12, but none of the gang put in an appearance. Thereupon followed a proclamation of outlawry against each of the gang individually, and a notice published in the ‘Government Gazette’ and elsewhere, to the following effect:

THE FELONS APPREHENSION ACT, 1878.

The particular attention of all persons in the colony is directed to the proclamations bearing even date herewith, and to the above-mentioned Act, and especially to the penalties to which Daniel Kelly, Edward Kelly, and two men whose names are unknown, but who are supposed to be identical with William King, of Greta, and Charles Brown, of King River, and all persons harbouring or assisting them, or any of them, are liable under the provisions of such Act, which are as follows:-

Section 3

....If after proclamation by the Governor with the advice of the Executive Council of the fact of such adjudication shall have been published in the ‘Government Gazette’ and in one or more Melbourne and one or more country newspapers such outlaw shall afterwards be found at large armed or there being reasonable ground to believe that he is armed it shall be lawful for any of Her Majesty’s subjects whether a constable or not and without being accountable for the using of any deadly weapon in aid of such apprehension whether its use be preceded by a demand of surrender or not to apprehend or take such outlaw alive or dead.

Section 5

If after such proclamation any person shall voluntarily and knowingly harbour conceal or receive or give any aid shelter or sustenance to such outlaw or provide him with firearms or any other weapon or with ammunition or any horse equipment or other assistance or directly or indirectly give or cause to be given to him or any of his accomplices information tending or with intent to facilitate the commission by him of further crime or to enable him to escape from justice or shall withhold information or give false information concerning such outlaw from or to any officer of police or constable in quest of such outlaw the person so offending shall be liable to imprisonment with or without hard labour for such period, not exceeding fifteen years as the court shall determine and no allegation or proof by the party so offending that he was at the time under compulsion shall be deemed a defence unless he shall as soon as possible afterwards have gone before a justice of the peace or some officer of the police and then to the best of his ability given full information respecting such outlaw and made a declaration on oath voluntarily and fully of the facts connected with such compulsion.

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This document gives you the text of the report about the KellyGang for this day. The text has been retyped from a copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. We also apologise for any typographical errors. This document is subject to copyright.

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