Herald (41)

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To Mr Gaunson: I did not say that before because I was not asked. I know a Spencer rifle, and have seen them many times, and saw one in the barracks here the other day, and was handling it. No one pointed it out to me as a Spencer. It was standing in the corner. I saw a Spencer rifle at Donnybrook years ago, in the hands of a policeman. I left Younghusband’s station to go in search of the Kellys. I did not go for the blood money. I went both to catch the Kellys, and to get a portion of the reward. I do not think Ned Kelly is a born fool. I think him quite the reverse. I was not paid by the persons in whose employ I ostensibly was at Glenrowan.  Sergeant Deeny found me at Abbott’s office in Melbourne. Abbott is a friend of mine.  He has also known the Kellys from their youth upwards. I would not take Gately’s situation if it was offered to me.

Frank Becroft, the assistant to Mr Gloster, repeated his evidence, stating in reference to Scanlan’s case; Kelly said, “When Kennedy and Scanlan arrived, I called on them to surrender, but Scanlan attempted to get his rifle and I fired at him. He fell off his horse. In watching Kennedy and Scanlan McIntyre escaped. Kennedy was firing at me from tree to tree, and at last held up his hands. I thought he was going to fire at me, so fired at him. Kennedy fell, and I went up to him, and was talking to him for some time.  I told him, as I wanted to go, I would have to shoot him.  Kennedy asked me to let him live, but I said, I could not leave him in a dying state, and I put my gun to him and shot him, and covered him up, Kennedy was a heave man, and a good shot. Some of his shots went through my coat, and some through my waistcoat.” This was all of the conversation so far as I remember. I fell asleep towards morning.

Senior-constable Kelly again repeated the conversations he had with prisoner in the Benalla lockup. He added: I told prisoner I had seen a telegram from Mrs Kennedy requesting that he (prisoner) should be asked if Kennedy had left a written letter for her. He replied, “No all he said was ‘God forgive you.;”

To Mr Gaunson: If I had known that I was to be called upon to give evidence of these conversations. I should have cautioned the prisoner first. I do not feel means in going my duty in giving evidence of these conversations. It is usual to caution prisoners before conversersing with them. McIntyre simply asked was my statement correct, without stating what the statement was. I did not tell Kelly what Fitzpatrick’s statements was when I asked him if it was correct. At Glenrowan I did not hear him say, “You cowardly dog I did mot treat you like this.” I did not hear him say, “You little dog, Bracken, I did not treat you like this.” I heard Bracken say he would shoot anyone who shot Kelly. The prisoner was not being kicked or jumped upon. No one kicked him. This was after the prisoner was wounded, and on the ground. It was in consequence of a remark by the prisoner, who said, “I never did you and harm?” and Dwyer said, “You scoundrel, you shot my comrades.” And kicked the prisioner. Sergeant Steele was present; in fact it was his shots that brought Kelly down. Constable Bracken was there. They are both outside.  I have not the slightest idea why they have not been called/ I heard that Cherry was shot about 9 o’clock, and that the boy Jones was shot about 4 o’clock. The prisoner was taken about 7 o’clock.  I am sure that when I was in the cell the prisoner heard me mention the name of Fitspatrick. I do not know whether prisoner made the statement in order to get rid of the visitors. I consider I am entitled to a portion of the reward for the apprehension of the gang. I had heard Steele and Bracken say that they thought they were entitled to a portion of the reward.

Mr Smith said that this was the case for the Crown on this charge, and subject to the reading of Constable McIntyre’s evidence, which had not been read over and signed. While this was being done the senior-constable, who was standing between the prisoner and Kate Kelly was called away for a moment, and they immediately seized the opportunity to exchange a few words of conversation in a suppressed ton. Kate Kelly, who apparently had been intently listening to the evidence, promptly seized her chance of leaning forward and asking some questions, which was replied to before any one could intervene. The prisoner was committed for trial.


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