Herald at KellyGang - 8/8/1880 (2)

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(see previous)

On Saturday the artist for the Australian News changed his position in the court, and seeing this, Kelly at once made an excuse that the court was draughty in order to ask for something to keep the cold air off. The scarlet lined opossum skin rug being given to him he artistically arranged it in such a manner that he was likely to be represented in the engraving as having the bearing and appearance of a true brigand. To Mr Foster he said that he suffered much pain from his wounds, and feared that they were too quickly healed in Melbourne, and would have to be opened again. Constable M’Intyre is in a very poor state of health. He has been suffering from a severe attack of bronchitis; and besides this, he is naturally very bilious. On Saturday he was suffering from such nervous excitement that he was several times nearly hysterical, and during the adjournment had to be prescribed for. Dr Reynolds is attending him, and states that he is much better to-day; but it will be as much as he can do to get through the trying ordeal, and in any case it will be necessary for him to lay up afterwards.



To-day the preliminary inquiry into the charge against Edward Kelly, the surviving member of the notorious Kelly gang of bushrangers was resumed at the Beechworth Police Court.

The charge, as already stated, was that of murdering Constable Thomas Lonigan at the Wombat Creek.

Mr CA Smyth and Mr Chomley appeared for the prosecution.

Mr Gaunson for the defence.

As on previous occasions Mr Foster PM was the only magistrate on the bench.

There were very few people in the court or outside and it was quite evident that the principle interest in the proceedings had ceased. There were about a dozen females in the gallery, which, as usual, was set apart for them. In the body of the hall there were not more than 100 persons, including police.


Stephens , who deposed: I am a groom unemployed at present. On December 1878, I was employed at the Younghusband’s station at Faithful Creek, which is about a mile from Euroa. On the 9th December 1878, the prisoner and three more stuck up the station.

I saw Ned Kelly, the prisoner.

Mr Gaunson objected to evidence being given as to what the prisoner did. It had nothing to do with the murder of Lonigan, and the Crown prosecutor knew it.

Examination continued: I first saw the prisoner at the back of the kitchen. Prisoner inquired for Mr M’Auley, the manager, and another man, Fitzgerald, told him he was not in. Mrs Fitzgerald was also present in the kitchen at the time. Prisoner then went away, and I left the kitchen and went down to the stables. John Carson was also there with me. I had been there some few minutes when I heard some talking, and looking out of the stable door saw the prisoner coming down with Fitzgerald. The latter put his head in at the stable door and said to prisoner, “These are the other two men,” pointing to Carson and myself. Prisoner said, “All right;” and addressing me said, “I suppose you don’t know who I am.” I replied, “Perhaps you are Ned Kelly,” and he said, “You are a damned good guesser,” I wheeled round to him, and then saw he had me covered with a revolver. I said “I beg your pardon, I thought you were joking and mocked Kelly,” He said, “All right,”

Mr Gaunson: What has all this to do with the charges we are investigating?

Mr Chomley: It leads up to it. We will come to it presently.


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