The Argus (52)
Mr Foster said as to the admission of friends to see the prisoner in gaol, that it was a matter over which he had no control, seeing an order had been issued on the subject by the head of the department. With regard to the application for a remand, he would grant it if he thought that the case of the prisoner would otherwise be prejudiced; but as he did not think so, he had to refuse the application. At some future stage of the proceedings there might be occasion for repeating the request.
Start of the hearing -opening remarks against Ned Kelly
Mr C A Smyth then proceeded to open the case for the prosecution. It would be affectation, he said, to assume that his worship was not acquainted with the case, yet it would be necessary here to touch briefly on the history of the prisoner. He would not enter into the details of the history, however, but would briefly refer to that portion of it in connexion with which evidence would be adduced. He proposed to deal with the case in the same manner as with any ordinary case of murder, and in the first instance, would proceed on the charge that the prisoner wilfully and deliberately murdered Lonigan.
Lonigan was a constable of police stationed at Mansfield , and was one of a party of four police who started in October, 1878, to arrest Edward and Dan Kelly, for whom warrants had been issued. Edward was the prisoner in the dock, and Daniel was now no more. (Ned here looked at his sister, rose up, and smiled.) The Mansfield police party consisted of Sergeant Kennedy, and Constables Lonigan, Scanlan and McIntyre, and the latter was the only one who escaped, and would give evidence to the effect that the party left Mansfield on the 25 th October, 1878 , and after travelling 20 miles, camped on Stringy Bark Creek on the 26 th. Kennedy and Scanlan went away on horseback to scour the country in search of the Kelly’s, whilst Lonigan and McIntyre remained in charge of the camp. About 5 o’clock in the evening the latter two were attacked by four men, the prisoner and his brother being two of them. McIntyre being entirely without arms threw up his hands when called upon to do so. Lonigan, on the other hand, had a revolver, and when he was running for a tree and trying to draw his revolver he was shot, and died soon after. McIntyre would prove that it was the prisoner who fired that shot. McIntyre would also narrate certain conversations between him and that prisoner whilst the gang were ransacking the camp, and waiting for the return of Kennedy and Scanlan.
At this stage all the witnesses were, at Mr Gaunson’s request, ordered to leave the court. The prisoner intimated to his attorney that he had no objection to Senior-constable Kelly, who was guarding the dock, being allowed to remain, but Superitendent Sadleir considered that the senior-constable should also leave, and he therefore did so.
Mr Smyth, on resuming, said the McIntyre’s statements would be corroborated in a singular manner by a variety of witnesses. When Kennedy and Scanlan were heard returning, the prisoner, who was leader of the gang, said “Hist, boys, here they are.” The prisoner had promised McIntyre that he would not shoot these two men if they surrendered, and McIntyre therefore stepped forward and asked them to surrender. Kennedy, however, was almost immediately fired upon, and Scanlan was shot dead soon afterwards. Seeing a horse near him McIntyre jumped on his back and escaped, and as he galloped away he heard a number of shots fired. He eventually reached Mansfield , and search parties having turned out, the dead bodies of Lonigan, Scanlan, and Kennedy were found. Of course, the country was intensely shocked and horrified at such wholesale and cold-blooded murders, and great efforts were made to capture the murderers, but for a long time without success.
Nothing was heard of the offenders again until the 9th or 10th of the following December, when they stuck up Mr Younghusband’s station, near Euroa, bailed up a large number of people, and robbed the Euroa bank. Three of the persons then made prisoners would be called to give evidence as to certain admissions made to them by the prisoner. Amongst other things he admitted to them was the fact that it was he who shot the unfortunate Constable Lonigan. The gang next made their appearance at Jerilderie, in New South Wales, where they committed an outrage similar to that they perpetrated at Euroa. Persons who were bailed up there would also be called to give evidence as to admissions made by the prisoner, and their statements would leave no doubt as to the facts he (Mr Smyth) had already narrated. A certain document would also be given in as evidence against the prisoner if it was admissible.
After this the prisoner and his companions kept themselves in hiding until five or six weeks ago, when they turned up at Glenrowan and attempted to wreck a special police train they expected. They had murdered a man in the neighbourhood of Beechworth on the previous night, and the evidence would be given that the prisoner himself said he expected a train with police; that he had had the rails pulled up, and that he intended shooting every man who might escape from the wreck. The gang put up on the Sunday at an hotel in Glenrowan, bailed up all the people, and awaited the train. The train came, but was warned, and the hotel was surrounded by the police. Evidence would be given that early in the morning the police were suddenly startled by seeing a figure come out of the bush and fire upon them. That figure proved to be the prisoner, armed with a revolver and clad in armour. The prisoner during his bushranging career had never appeared in the open except when he had his victims covered with his rifle or revolver, or on this occasion, when he wore bullet-proof armour.
Mr Gaunson objected to this remark, but it was allowed to pass.
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