The Argus at KellyGang 11/8/1880 (4)
SConst Kelly gave evidence at the committal hearing
Cross-examined by Mr Gaunson. - Have been 19 years constable in the police. Kelly was lying on a mattress in the cell at Benalla when I spoke to him, and his hands had been dressed by a doctor. It is the duty of police to carry their revolvers always in their belts. Don’t think I would have left mine in the tent as McIntyre did. I did not hear Bracken say to Mr Hare at the Glenrowan platform that the Kellys had a large number of prisoners in Jones’s Hotel. All I heard him say was, “The Kellys are in Jones’s Hotel; surround them.” Every time a shot was fired from inside of the house the police replied. When screams were heard inside the house, Mr Hare, who had been wounded, sang out, “Stop firing, and for God’s sake, Kelly, surround the house.” I sang out to my men to stop firing. The black trackers were more active in firing than the police. They were told to stop several times, and they would not. I told them myself, and so did Constable Gascoigne and others. I had not had time to surround the house before Mr Hare left. Re info rcements did not arrive until about 5 o’clock , when Sergeant Steele and his men arrived from Wangaratta. Mr Sadleir, from Benalla, arrived about the same time. By 6 o’clock the hotel was properly surrounded. Between 6 and 8 o’clock shots frequently came from the front and back windows, and the police fired back in reply.
Mr Smyth pointed out that this line of cross-examination was irrelevant.
Mr Foster concurred with the Crown prosecutor, and remarked that however desirable it was to investigate the Glenrowan affair, it had no relevancy to the murder of Lonigan.
Cross-examination continued. - No one pulled out a portion of the prisoner’s beard when he was captured. Constable Dwyer gave him a kick, and Constable Bracken threatened to shoot any one who injured the prisoner. When the hotel was fired it was known that three of the outlaws were inside, and it was believed that at least two of them were alive. It was also known that Martin Cherry was in the back kitchen, and not in the hotel.
Mr Smyth intimated that this was the case for the Crown, and submitted that a primâ facie case had been made out, and asked that the prisoner should be committed for trial at the Beechworth Assizes in October next.
Mr Foster said that he considered a primâ facie case had been made out, and as there was only one course he could pursue, viz., to commit the prisoner, he presumed the defence would be reserved.
Mr Gaunson replied in the affirmative.
Mr Foster asked the prisoner, in the usual way, if he had anything to say against his being committed for trial. The prisoner said, “No.”
Mr Gaunson said the prisoner wished to say nothing, except through his counsel in the Supreme Court. The prisoner was then formally committed for trial at Beechworth, on the 14 th of October next.
The second charge against the prisoner, viz., that he murdered Constable Michael Scanlan in October, 1878, at Stringybark Creek, was then proceeded with. Constable McIntyre was called upon to repeat his evidence, and had not concluded his statement when the Court was adjourned until next morning.
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