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{{Authority Side}}
== Courts ==
... one of the things of the KellyGang story
'''See''' , [[#2|early years]] , [[#15/4/1878|Fitzpatrick incident]] , [[#sym|Sympathisers]] , [[#6|Death of Aaron Sherritt]] , [[#2/6/1880|Glenrowan Inquests]] , '''''' [[#nkc|Ned Kelly's Committal]] , [[#nkt|Ned Kelly's Trial]] ,
== Other related topics include, ==
'''Courts''' - [[Beechworth Court|Beechworth]], [[Benalla Court|Benalla]], Clunes, [[Donnybrook|Donnybrook]], [[El Dorado|El Dorado]] , [[Kilmore|Kilmore]], [[Kyneton|Kyneton]] , [[Melbourne|Melbourne]], [[Wangaratta|Wangaratta]] , [[Yackandandah|Yackandandah]] ,
'''Goals''' - [[Beechworth Gaol|Beechworth]], [[Melbourne Gaol|Melbourne]], [[Pentridge|Pentridge]], [[Point Gelibrand|Point Gelibrand]], prison hulks
'''[[Authority figures|Judges]]''' -
'''Lawyers''' - [[Bindon|Bindon]] , [[Bowman (2)|Bowman]] , [[The Argus at KellyGang 20/1/1879|F Brown]] , [[Chomley|Chomley]] , [[Kilmore|De Courcy Mead]] , [[Wangaratta|Dywer]] ,[[The Argus at KellyGang 21/2/1879|M'Farland]], [[Gaunson, David|Gaunson]] , McLeary, [[Ned Kellys Trial|Molesworth]] . [[Benalla|Pow]] , [[Beechworth|Read]] , [[Smyth|Smyth]] , [[William Zincke MP|Zincke]] ,
'''Magistrates''' -,[[Pentridge|Akehurst]], [[Wangaratta|Bickerton]] , [[Beechworth Court|Butler]], [[Call|Call]] , [[Foster|Foster]] , [[Deniliquin|Gordon]] , [[Echuca|Landlord]], [[Moama|Maunsell]] , [[MacBean|McBean]] , [[Benalla Court|(Robertson JP)]] , [[Longwood|Rowe]] , [[Benalla|Stephen]] , [[Wangaratta|Tone]] , [[Wyatt|Wyatt]],
'''Licensing Magistrates''' -, , , [[El Dorado|Cock]], , [[Yackandandah|Barber]] , [[Yackandandah|Galbraith]] , [[Beechworth|Gammon]] , , [[Echuca|Glass]], [[Kyneton|Govett]] , , [[El Dorado|Harrow]], [[Wodonga (2)|Houn]] , , [[Echuca|Kinnear]], ,[[Bright|Lumley]], [[Kilmore|McBurney]] , [[Kilmore|McCarthy]] , [[Wangaratta|Miller]] , [[Wangaratta|Tone]] ,[[Beechworth|Turner]] , [[Kyneton|Weigall]] , [[Wodonga (2)|Wigmore]] ,
Some were not happy at taking cases from all over North Eastern Victoria to Beechworth, particularly after the railway made travel easy. ([[The North Eastern Ensign at KellyGang 25/4/1873|Ensign25/4/1873]])
== Links to the KellyGang ==
'''Early Years''' Many of the most important parts of the story of the KellyGang were played out in the courts. Ned Kelly's [[John (Red) Kelly|father]] found himself brought before the courts soon after he arrived in Australia. All the members of the '''KellyGang''' were familiar with the courts as they were growing up. The courts played a key role in a justice system that thought little about rehabilitation and more about punishment.
The sentencing of Mrs [[Mrs Ellen Kelly|Kelly]] over the [[15-04-78 Fitzgerald incident|incident]] incensed Ned [[Ned Kelly|Kelly]] and was a major factor in the events that followed.
The ongoing trial of the [[Sympathizers|sympathizers]] did much to drive a wedge between the community and the police and turned many people into active sympathizers
On of the last parts of the '''KellyGang''' story was the trial of Ned Kelly.
== Events ==
On [[1/1/1878-10/4/1878 Events|8/1/78]], black Wednesday, the [[Berry, Chief Secretary|Berry]] [[Governor of Victoria|Government]] sacked many judges and magistrates in order to save money
'''Fitzpatrick Incident 15/04/1878''' Mrs [[Mrs Ellen Kelly|Kelly]], William [[William Williamson, Brickey|Williamson]] and William [[William Skillion|Skillon]] were convicted of the attempted murder of Const [[Fitzpatrick|Fitzpatrick]] in the [[Beechworth Court|Beechworth court]] in October 1878.
Soon after the Magistrates who had been dismissed by the Government as an economy measure ,where reappointed ([[The Argus at KellyGang 18/4/1878|Argus18/4/78]])
'''Cases against the sympathisers 1-2 /1879'''
Over 20 sympathisers were rounded up and kept in Beechworth Gaol under the Felons Apprehension Act.
How did Mr [[Bowman (2)|Bowman]] come to act for both sides
Some of the legal issues considered ([[The Argus at KellyGang 27/1/1879|Argus27/1/79]])
There were appeals to the Supreme court ([[The Argus at KellyGang 21/2/1879|Argus21/2/79]])
See [[Sympathizers|sympathiser]] for a list of those charged
'''Aaron Sherritt's death''' An inquest was held in Beechworth into the death of Aaron [[Aaron Sherritt|Sherritt]]. '''Glenrowan - Inquests''' Coronial Inquests were preferred to Magisterial inquiries. The later were generally held when the coroner was not in the jurisdiction.
There was perhaps no difference in effect. Sup [[Sadleir|Sadleir]] said, 'I think there is a greater security to the public in the coroner's inquest than in the ordinary magisterial enquiry, but, eventually, they both lead to the same result if fairly conducted. The magistrate, upon hearing the evidence of witnesses concerning the death of any one, can issue his warrant for the arrest of the person inculpated; but the coroner has a further power. He can issue his warrant for the committal, but, in effect, there it very little difference. Usually, in spite of the coroner's warrant of committal and case is brought before the police court, as if the coroner had not interfered in the matter.'
The coroner could demand an inquest if he wanted. ([[Royal Commission report day 13 page 11|RC2899]])
Coronial Inquests involved a jury and there is a verdict. (RC2910)
An inquest was held into the death of [[Aaron Sherritt|Aaron Sherritt]] by Mr [[Foster|Foster]].
A number of inquests were held after the Glenrowan Siege, [[Jones' Glenrowan Inn|John Jones]] died in the Wangaratta Hospital and an inquest into the reasons for his death was held by [[Wangaratta|Tone JP]]. ([[The Argus (30)|Argus1/7/80]])
Mr [[MacBean|McBean]] held an inquest into the death of Martin [[Cherry|Cherry]] at Powell's Hotel in Benalla.
Dr [[Nicholson|Nicholson]] gave evidence ([[The Age (16)|Age1/7/80]]) ([[The Argus (25)|Argus1/7/80]])
He also, with Com [[Standish|Standish]], held an Magisterial inquiry into Joe [[Joe Byrne|Byrne]]'s death. ([[The Argus (17)|Argus30/6/80]]) ([[Royal Commission report day 13 page 11|RC2905]])
Const [[McIntyre|McIntyre]], [[Piazzi|Louis Pyatzer]] , Const [[Const William Canny|Canny]] , and Sup [[Sadleir|Sadleir]].
A verdict of justifiable homicide was returned by Mr McBean in the following terms:_ ‘The outlaw Joseph Byrne whose body was before the Court and in the possession of the police, was shot by them whilst in the execution of their duty. ([[The Argus (17)|Argus30/6/80]])
Mr Bullivant, from [[Wangaratta|Wangaratta]] was to hold a Magisterial inquiry into the death of Dan [[Dan Kelly|Kelly]] and Steve [[Steve Hart|Hart]], but the authorities eventually decided to abandon the idea. The family had gathered at Greta and they were not going to hand the bodies over. See Steve's brother [[Richard Hart|Richard Hart]] for details. ([[The Age (14)|Age1/7/80]])
'''Ned Kelly's Committal''' The committal started on [[1880-07---aftermath|6/8/1880]] in the court house in [[Beechworth Court|Beechworth]]. Mr [[Foster|Foster]] was the magistrate who heard the case, see [[Ned Kellys Trial|Kelly trial]]. '''Ned Kelly's Trail''' Ned Kellys [[Ned Kellys Trial|trial]] was held in the Central Criminal Court in Melbourne, just down Russell Street from the Melbourne [[Melbourne Gaol|Gaol]]. The court house had been built in Melbourne's early days. It is an imposing castle- fortress type of a building. Mr Justice [[Redmond Barry|Barry]] presided over the trial. The main hearing was held in late [[1880-07---aftermath|October]] 1880 , see [[Ned Kellys Trial|Kelly trial]].
'''Royal Commission'''
The role of lawyers in the Royal Commission ([[The Argus at KellyGang 19/3/1881|Argus19/3/81]])
KellyGang
[[Category:Things]] [[Category:Justice & Police things]] [[Category:Courts]] [[Category:Justice]] [[Category:law]] [[Category:criminal law]] [[Category:police]] [[Category:Kelly Gang]] [[Category:Government]]
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