The Argus (53)
Start of the hearing -opening remarks against Ned Kelly
Mr Smyth proceeded―Eventually Sergeant Steele fired for his legs, and he was brought down and captured. Afterwards the prisoner was interviewed by McIntyre, in the presence of Senior-constable Kelly, and he said that McIntyre’s statement about the murder of the police was correct. He would now proceed with the evidence, and would, in the first place, call Constable McIntyre.
Const McIntyre gives evidence
Thomas McIntyre deposed,―I am constable of police, at present stationed at the Richmond depot. In October 1878 I was stationed at Mansfield . On the morning of the 25 th of that month I left Mansfield with Constables Scanlan and Lonigan, in charge of Sergeant Kennedy. We left at about 5 o’clock in the morning to search for Edward and Daniel Kelly. Warrants had been issued against them. The Edward Kelly we were in search of was the prisoner now in the dock. We camped at Stringy Bark creek, about 20 miles from Mansfield . All four of us travelled on horseback and were armed. At Stringy Bark Creek the country is thickly timbered, but we camped on a clearing. The photograph produced shows a portion of the ground. There had been a hut on the clearing, but only remains of it were left standing. A number of logs were lying about.
The opening was about an acre or two in area; we camped immediately behind the old hut, erecting a tent there. Nothing occurred that night. On the following morning, the 26 th of October, after breakfast, Sergeant Kennedy and Constable Scanlan left to patrol on horseback, and Lonigan and I remained in charge of the camp. Scanlan carried a revolver, and Kennedy a Spencer repeating rifle. Lonigan and I had a revolver each, and one double-barrelled fowlingpiece. During the day I was occupied for some time in baking bread and working about the tent. Lonigan was looking after the horses, and sometimes reading a book. He had also two saddlehorses and a packhorse to look after. Kennedy and Scanlan left about 6 o’clock in the morning. About 12 o’clock Lonigan called my attention to some noise in the creek. I went down the creek to search, and took my fowlingpiece. I could not find the cause of the noise, and thought it was a wombat.
On my way back I fired two shots at parrots. I reloaded the gun with small shot, and placed it in the tent. About 4 o’clock in the afternoon Lonigan and I kindled a large fire to guide Kennedy and Scanlan, and prevent them from getting bushed. This fire was lite about twenty yards from the tent, and was at two logs which crossed each other. About 10 minutes to 5 o’clock I went to the tent for a billy to make tea. I had the tea made, and Lonigan was standing on the opposite side of the fire, when I suddenly heard some voices calling out, “Bail up; hold up your arms.” I quickly turned round, and saw four men, each armed, with a gun at his shoulder, and pointing it in front of himself. I noticed the man on the right of the party particularly and saw that his weapon was in a fair line for my chest. I was unarmed, and held out my arms horizontally. I then saw the same man point the gun more to his right and fire.
He fired at Lonigan, who had started to run towards a tree. He was about 14 yards from Lonigan when he fired, and I heard Lonigan fall immediately the shot was fired. He had only run four or five steps. I heard him breathing stertorously and heavily. The man at the right of the party was the prisoner at the bar. The bushrangers were in a line, two or three yards between each other. When the prisoner had discharged his gun he threw it into his left arm, put his right hand behind his back, and drew a revolver, and called out to me―”Keep your hands up.” I raised my hands above my shoulder. At this time my revolver and fowlingpiece were both in the tent. The prisoner and the three others rushed up to where I was standing, stood at a distance of about three yards from me, and covered my chest with their firearms, three of them with guns, and the prisoner with a revolver. Prisoner said to me “Have you got any firearms?” I replied, “I have not.” Lonigan was plunging along the grass very heavily, and as the bushrangers rushed up to me, he said, “Oh, Christ! I’m shot!” The prisoner was within hearing distance. Six or eight seconds afterwards Lonigan ceased to struggle, and to breathe a few minutes afterwards. I saw him stretched out on his back, and that he was dead.
When I replied to the prisoner that I had no firearms, he asked, “Where is your revolver?” I said it was at the tent. He then said to his mates, “Keep him covered, lads.” They kept me covered with their guns, and the prisoner himself searched me. He passed his hands all over my body, and under my coat. Finding nothing on me, he jumped across a log to where Lonigan was lying. He remained away a moment, and then returned with Lonigan’s revolver in his hand. He said, “Oh dear, what a pity that man tried to get away.” One of the others―Dan Kelly―said, “He was a plucky fellow, did you see how he caught at his revolver?” and moved his hand at the same side as Lonigan had done. The prisoner went over to the tent, and in the meantime the other three had lowered their firearms, but still kept them pointed in my direction. When he returned from the tent he had my revolver, and he told his mates to let me go. They then all went to the tent, I remained standing near the fire.
Daniel Kelly returned to me with a pair of handcuffs. Edward Kelly came up at this time, and heard his brother say, “We will put these upon the ―.” I appealed to the prisoner, saying, “What is the use of putting these on me? How can I get away while you are all armed as you are?” Prisoner said to Dan, “All right; don’t put them on him. This” tapping his rifle, “is better than handcuffs.” Then turning to me he said, “Mind you don’t try to go away, because if you do I will shoot you. If I had to track you to the police station, I would shoot you there.” Dan remarked, “The b—―s would soon put the handcuffs on us if they had us.” We then all went to the tent. They called upon me to go with them. I recognised Edward and Dan Kelly from the description, and a photograph we had of Edward Kelly. When I arrived at the hut the prisoner was sitting outside the tent with his gun across his knee. The other three were inside the tent. Prisoner said to me, “This is a curious old gun for a man to be going about the country with.” I replied, “It is, but perhaps it is better than it looks.” He then said, “You might say that, for I will back it against any gun in the country. I can shoot a kangaroo at 100 yards.” It was an old short-barrelled gun. It seemed to be rifled, and the stock and barrel were tied together with a waxed string, which covered three or four inches. At this time the prisoner took possession of the fowling-pieces I had left in the tent. He then said to me, “Who is that over there?” pointing to Lonigan’s body. I replied, “That’s Lonigan.” He said, “No; that is not Lonigan, for I knew him well.” I repeated, “Yes, it is Lonigan,” when he said, “Well I am glad of that, for the ― gave me a hiding in Benalla once.” Dan remarked, “He will lock no more of us poor ― up,” at which the prisoner smiled. I identified one of the two others as Joseph Byrne, whose body I saw at Glenrowan. Byrne asked me to have a drink of tea I had made. I did so, and then they all, with the exception of the prisoner, took some of the tea. Before they did so the prisoner asked: “Is there any poison about here?” I said, “No, why should we have poison?”
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