The Argus at KellyGang 10/8/1880

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The hearing of evidence in the case of Edward Kelly, the bushranger, was resumed this morning before Mr Foster, PM, in the Beechworth Police Court, the particular charge under investigation being still that of Constable Lonigan. The attendence of the public was smaller than usual.

George Stephens , examined by Mr Chomley, deposed―I am a groom, and in December, 1878, I was employed on Younghusband’s station, Faithfull’s Creek, near Euroa. Younghusband’s station is about four miles from Euroa. On the 9 th of December the prisoner and his mates stuck up the station. I first saw the prisoner at the kitchen about 1 o’clock . He inquired for Mr McAuley, the overseer. Another man who was in the kitchen at the time told the prisoner that McAuley was not in. Mrs Fitzgerald was also in the kitchen. Prisoner went away and I went down to the stables. I had been in the stable with a man named John Carson for a few minutes when I heard some talking. Looking out at the door I saw the prisoner coming down with Fitzgerald. Fitzgerald put his head in the door, and said to the prisoner, “These are the other two men,” pointing to Carson and I. The prisoner said, “All right. I suppose you don’t know who I am.” I said, “Perhaps you are Ned Kelly;” and he replied, You are a ― good guesser.” I wheeled round and when I turned to him again he had me covered with a revolver. I then said, “I beg your pardon, I thought you were joking, and not Ned Kelly.” He said, “All right; I like to see you take it in good part.

Which is the groom?” I replied, “I am;” and he then said, “I want some feed for my horses.” “All right,” I answered, “there is plenty here.” He held up his hand and two other men, whose names I did not know, came down, leading four horses. I was in the company of the prisoner and these two men and a fourth man all that day, all the following night, and part of next day, until the time when they said they were going to the bank. It was between 2 and 3 o’clock in the afternoon of the 10 th December that they left for Euroa. Three of them left and one remained at the station. On the first day the horses of the gang were put into the stables and fed.

When they had been put into the stalls, the prisoner and I were standing in an empty stall together, and I had a conversation with him. I said to him, “How about the police murders?” The prisoner replied, “We were behind a log. I told Dan to cover Lonigan, and I would cover the other man; I then called out “Throw up your hands.” McIntyre did so, and Lonigan made off for the logs, trying to draw his revolver as he did so, and he got down behind a log, rested his revolver on the top of it. I then took my rifle off McIntyre, and fired at Lonigan, and the ball grazed him along the temple. Lonigan than disappeared behind a log. He gradually then rose his hands up above the log, and when his head appeared again I fired again, and shot him through the head.” When the prisoner was describing this to me he raised his hands as Lonigan had done. He then said, “I sent two men back to our own hut, fearing a surprise there. I then sent Dan over to a green rise to watch the police the police coming in. While I was talking to McIntyre by the fire, they appeared in the open. I had just time to fall on my knees by the fire, and the fire was well nigh burning my knees. McIntyre then went over to Kennedy, and spoke to him. Kennedy smiled. I then immediately called out “Bail up; throw up your hands.” Scanlan swung his rifle round and fired at me.

I then fired at Scanlan, and he fell forward on the horse’s neck. I still kept him covered, thinking he was shaming, when the horse moved and he rolled off. During this time Kennedy dismounted on the off side of his horse, laid his revolver over the horse’s rib, and fired at Dan as he came running in, grazing him on the top of his shoulder. McIntyre then jumped upon Kennedy’s horse and rode away. Kennedy then made for a tree, still firing. He then made from that to another tree, still firing. The reason he got so far was that I had taken up Scanlan’s rifle, but had to throw it away again as I did not know how to use it. I still followed Kennedy, and when I stepped out from behind a tree I thought I was then done for, as he fired a ball that grazed my ribs. I immediately fired, and hit him in the shoulder as he was getting back behind the tree. He then ran and I followed him. He wheeled round and raised his hand. I fired again, and shot him through the chest. When I hit him on the shoulder he must have dropped his revolver, as the blood was running down his arm, and formed a large clot on his wrist, which I took for his revolver, and knowing that he had one shot left I thought he was going to fire when he reeled round. I could see afterwards that he had been throwing up his hands.” During the night I was locked up in the store along with a number of other persons. The prisoner was with us, and also one of his mates. The prisoner kept us in.


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