The Argus at KellyGang 27/1/1879 (2)
Superintendent Hare regretted that he was obliged to ask that this prisoner and the others should be further remanded for seven days. He was aware that an arrangement was made, when the prisoners were last before the Court, that the cases should be decided one way or another that day, but he now found that he was unable to bring forward his witnesses. In fact, it would be unadvisable to do so in the present state of the country.
If he were to produce his witesses now, their lives would not be safe. They would have to be taken charge of by the police, and no person would ever give the authorities any more information relative to the Kellys, as they would be in hourly danger if their names were made known. It might be said that he could produce his police witnesses, but that was also impossible. They were mostly leaders of search parties now out in the bush, and could not be brought forward even were it desirable to do so. He was therefore under the necessity of asking for a further remand.
Mr Bowman said that when the cases were under consideration on the previous Saturday Superintendent Sadleir distinctly promised Mr Zincke that, if a remand for one week was agreed to, the police would either go on with the charge against the prisoners, or withdraw them. Mr Zincke agreed to this course, and at the same time said, "Don't let us have any humbugging after-wards about the exact words," and he (Mr Bowman) had in his possession Superintendent Sadleir's agreement in his own handwriting. If that agreement was not now carried out, he should consider it a most disgraceful proceeding on the part of the Crown.
He had no part in making the agreement, but he sat between Superintendent Sadleir and Mr Zincke, and distinctly heard it made.
On that occasion he was prosecuting on behalf of the Crown, and it would perhaps be right for him to explain why he now appeared on the other side, as it might be considered that he was in a somewhat anomalous position. Having received no instructions from the authorities relative to proceedings against the prisoners, on Wednesday last he telegraphed to the Crown law officers asking what he was to do, and in reply he received the following characteristic telegram: - "Your telegram sent to chief commissioner of police, with whom all arrangements are left by Sir Bryan. (Signed) B C HARRIMAN." he could not say who Sir Bryan was; whether he was Sir Bryan Boru or the other Bryan who had no breeches to wear was left to his own conjecture.
Verbally, however, he received information from Inspector Brooke Smith that his services were not wanted by the Crown, and consequently he now appeared on the other side and would strongly oppose any further remand. What reason had been shown for a further remand? They had nothing more than the statement of Mr Hare (who had been imported from Melbourne to supersede Mr Sadleir) that it would not be safe to bring forward his witnesses.
Such a bare statement as that should not be allowed to override a distinct agreement made by Mr Sadleir on behalf of the Crown, and which ought certainly to be carried out. These men had now been in custody since the 4th inst., and no evidence had been brought forward to show that there was the slightest cause for their arrest. The police might just as reasonably arrest him (Mr Bowman) or any other person in court. There was nothing to show that the prisoners were in any way connected with the Kellys. He was also prepared at the proper time to show that the remand and warrant were both bad. He would, however, now content himself with opposing any further remand.
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