The Argus at KellyGang 11/8/1880 (3)

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We went to his house, and found Mrs Gill in the yard. He asked her where her husband was, and she told him she didn’t know. He then told her that he wanted her husband to print something for him, and he produced a roll of manuscript. Handing it to me he said, “Get it printed; it is a bit of my life. I have not had time to finish it; I will finish it some other time.” Part of it has been published―not the whole. It referred to the murders of the police.

Mr Smyth said this was the document that he thought might not be received as evidence, so at present he would not push it any further.

SConst Kelly gave evidence at the committal hearing

Senior-constable Kelly deposed. - I was present at the capture of the prisoner at Glenrowan. The prisoner appeared in the bush about 7 o’clock in the morning. He looked a strange sight. He wore an oilskin coat and some head gear. Some of the police challenged him, and ordered him to go back. He took no notice of them, so they fired at him, and he fired back with a revolver either at Constable Phillips or constable Arthur, who were nearest to him. I came round from the east corner of the hotel. Several other constables came forward and fired at him. He fired on them several times, and then went behind a tree. We fired more shots at him there, but they had no effect on him except when it shot his hand, which was round the tree. He then walked to a dead log 10 yards distant. Sergeant Steele then came from the hotel side, and got within 15 or 20 yards and fired two shots at him in succession. I was about 20 yards away from the prisoner, and I saw him stagger under Steele’s shot. I said to Constable Bracken and others, “Come on, and we will rush him.” With that Sergeant Steele rushed forward, fired, and Kelly staggered. Steele fired again, and he fell, saying, “That will do.” Steele, I, and others ran up. Steele seized him first, and I second. We disarmed him, and found him clad in armour. We took it off, and Sergeant Steele at once recognised him as Ned Kelly. When the men ran up, Kelly said to Bracken― “Bracken, save me; I saved you.” I said―“You showed very little mercy to poor Kennedy and Scanlan,” and he replied―“I had to shoot them, or they would have shot me.” I searched him on the spot, and asked―“Have you Sergeant Kennedy’s watch, or tell me where it is, as I promised Mrs Kennedy to get it for her.” He replied―”I can’t tell you; I would not like to tell you.” The armour was made of steel mouldboards, I believe. The helmet was open at the top, with a slit for the eyes. The breast and back plates came right down to his thighs, and there was a flap hanging in front. Some of the pieces were marked with the name of Hugh Lennon, the ploughmaker. The prisoner, when fighting with the police, struck his helmet several times with his revolver, and it rang like a bell.

I had charge of the lock-up from 2 to 7 o’clock on Tuesday morning. About 7 o’clock Constable McIntyre said he would like to see Kelly, and I took him over to the lock-up. I said to the prisoner, “Ned, do you know this man?” He replied, “No; is it Flood?” McIntyre said, “The last time we met you took me to be Flood.” The prisoner then says, “I know you now; it is McIntyre.” McIntyre said, “I have suffered a great deal over this affair, was my statement correct?” Prisoner replied, “Yes.” McIntyre said, “Did I not tell you I would sooner be shot myself than tell you anything about the other two if you intended to shoot them?” The prisoner answered, “You did; and you asked me why we went near the police when we knew where you were, and I replied that you would have soon found us out and shot us down.” The prisoner went on to say that they had no money or horses, and wanted to make a rise. McIntyre remarked that the prisoner had him covered with his gun, and turned round suddenly upon Lonigan. “No,” said the prisoner, “Lonigan was behind a log, and had his revolver pointed at me when I shot him.” McIntyre said, “That is all nonsense.” Before McIntyre came I visited the prisoner at 3 o’clock in the morning in the presence of Constable Ryan. I gave him a drink of milk and water. I then said to him, “Ned, what about Fitzpatrick; was his statement correct?” He said, “Yes, it was I who shot him.”


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