The Argus at KellyGang 22/11/1879 (4)
Captain Moonlite
The police have drawn out the following list of arms found in the possession of the gang -Two rifles, three double barrelled guns, two single guns, nine revolvers, four bowie knives, one tomahawk, seven dozen bullets, 50 rifle cartridges, 220 revolver do four powder flasks, three shot flasks, 1 bag wads, three boxes caps, bullet moulds, nipple wrenches, &c
THE PROCEEDINGS AT THE POLICE COURT
The hearing of the charge of wounding Constable Bowen with intent to murder him, preferred against Scott, Bennett, Rogan, and Williams, was resumed this morning, at the Gundagai Police Court, before Mr Love, police magistrate. Superintendent Singleton said he did not intend to call further evidence. Scott recalled Constable Headley, the principal witness for the prosecution, and cross examined him keenly for two hours. Headley had sworn he saw Scott come out of M'Glede's kitchen, and deliberately take aim at Constable Bowen. He had also sworn he was perfectly cool at the time, and could not have been mistaken as to who fired the shot. In his cross examination Scott tried to shake his evidence by showing that Headley was the first to retreat at Wantabadgery station, that he, in fact, showed the white feather when there was not anything like the reason for excitement there was at M'Glede's, when Bowen was shot, that consequently at the latter time the probability is that he was so excited as to be incapable of saying who fired the shot.
Headley strongly denied that he ran away when the police were attacked at Wantabadgery station, or deserted his comrades, as Scott alleged he did. He explained, in answer to Scott, that he only retreated with the others when he found they were out numbered by the bushrangers, that he got separated from his companions, but so far from running away, he remained near the station until the Gundagai police came up, when he joined them, and did his duty. Scott also endeavoured to prove that the weapon he used during the affray at M'Glede's farm was the Martini Henry rifle which he had taken from Constable Wiles when he stuck him up. He thinks if he could establish this it would materially aid his defence, if it should turn out that the bullet found in Bowen did not belong to such a rifle. Mrs M'Glede says that it was the Martini Henry rifle which Scott had when he returned to the kitchen and said a policeman had been shot. On the other hand, Headley swears positively from the report of the weapon that it is not of the description used by the police. On the conclusion of Headley's cross examination Scott was proceeding to argue that there was no evidence against any of the prisoners except himself of having shot at Bowen, when Superintendent Singleton objected to his doing so, and the prisoners reserved their defence. They were committed for trial at the Central Criminal Court at Sydney.
The four prisoners were then charged with robbing Ah Goon, being armed at the time. Ah Goon deposed that he went to Wantabadgery station on Saturday. The dead bush- ranger Nesbitt took a silver watch and gold chain and locket and £2 5s from him. Nesbitt gave the articles to Scott. The prisoners Bennett and Rogan were present armed, but he did not see Williams. Scott said he did not assist Nesbitt to rob witness, but he assented to his doing so, because only Chinamen took bread out of the mouths of the poor and honest men. He was not ashamed to say he did so. Scott, Bennett, and Rogan were then committed for trial. The four prisoners were then committed for trial charged with robbing the Wantabadgery Station, and Constable Wiles' evidence was similar to that already sent.
Constable Bowen is better, the paralysis being much less. He can now move his right arm. He passed a good night. A trained nurse comes from Sydney to attend him.
Bennett and Williams have been photographed, but Scott and Rogan objected. The dead bodies of Nesbitt and Wernecke were placed against a wall, and photographed. They presented a horrible appearance, being much decomposed.
A meeting is now being held here to take steps to recognise the conduct of the police.
end
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