The Argus at KellyGang 27/1/1879 (4)
The Police Magistrate (Mr Foster) said that a great deal had been said about the agreement entered into on the previous Saturday between Mr Sadleir and the gentlemen who appeared on behalf of the prisoners. It was agreed between them that the cases should, if possible, be carried to an issue. If a remand was granted, or in the event of the police not being then ready to proceed, that the charges should be withdrawn. That appeared to him to be an injudicious concession on the part of the police, and he stated at the time that he would not consider himself bound by such an agreement. There must be three parties to such an agreement, and he for one did not consider himself bound by it with regard to the cases under consideration, he must say that they were of an exceptional character, and must be dealt with in an exceptional manner. He could only repeat what he said on a previous occasion, that under the circumstances of the case, it appeared impossible for the police to obtain the witnesses they required, and their absence had been reasonably accounted for. He had one principal duty to perform, and that was, as far as he possibly could, to protect the interests of the public law, and order, and believing that the explanation given by Superintendent Hare of the absence of his witnesses was a sound and reasonable one, he would remand the prisoners for a future period of seven days.
The Prisoner. - You might just as well remand a man for his whole lifetime.
Mr Bowman. - May I ask whether these remands are to go on till the day of judgment, or for how long?
The Police Magistrate. - That is a matter that rests with the police. I do not pledge myself to any particular course.
Mr Bowman. - These are the most extra- ordinary proceedings that I ever knew of during my experience. If you want to make a gang of bushrangers you are going the right way to work.
Mr Zincke. - It is already rumoured that several more men are ready and willing to join the gang.
The prisoner was then remanded, and John Hart, of Mansfield, was next placed in the dock, charged with the same offence
Superintendent Hare. - In this case I must also ask for a remand for the same reasons as I have mentioned before.
Mr Zincke. - Why not apply for his committal?
Superintendent Hare. - I will do that when I get his principal. He is only the accomplice.
Mr Zincke. - You have no right to make any such statement as that, unless you bring forward evidence to support it. Nothing you have said has in any way connected this man with the Kellys.
The Police Magistrate. - Is this case the same as the last?
Superintendent Hare. - The evidence is just the same.
The Police Magistrate remanded the prisoner for seven days.
John Lloyd, of Mansfield, was next placed in the dock on a like charge. Superintendent Hare. - -In this case I also apply for a remand.
Mr Bowman. - The sworn information in this as in the other cases, discloses no offence. It does not set out that Edward Kelly is an outlaw, or that he has been proclaimed so. The warrant issued on such information is, as before, bad. I ask that the clerk should read the sworn information.
The clerk then read the sworn formation which was as follows: - "That Anthony Strathan, of Greta, constable of police hath reasonable cause to believe, and doth believe, that - - of - - did cause to be given to Edward Kelly and his accomplices information to facilitate the commission by them of further crimes.
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