The Argus at KellyGang 29/10/1880 (2)
Ned Kelly's trial continued
McIntyre giving evidence
Lonigan was in my rear and to my left. Saw the prisoner move his rifle, bringing it in a line with Lonigan, and fire. By glancing round I saw that the shot had taken effect on Lonigan, for he fell. A few seconds afterwards he exclaimed, “Oh, Christ, I’m shot.” The four men then advanced on me, running, three of them with their guns lowered, the prisoner drawing a revolver, and all calling out, “Keep up your hands.” At a distance of three yards they all covered me with their weapons. On ascertaining that his firearms were at the tent, the prisoner took the revolver from Lonigan, who in the meantime expired, and also secured the firearms in the tent. The four men then went into the tent, leaving me outside. Dan Kelly returned to me with a pair of handcuffs found in the tent, and said he was going to handcuff me.
Prisoner, who followed him, said that was unnecessary, as his rifle was better than handcuffs, threatening at the same time to track me, even to the police station, if I tried to escape. In the conversations that followed prisoner called my attention to the gun with which he had shot Lonigan. He said, “That’s a curious old gun to carry about the country.” It was an old weapon with stock and barrel tied or spliced together with a waxed string. The prisoner then took up my fowling-piece, drew the charges, abstracted the shot and substituted them with bullets, reloading the gun with the same. He gave the fowling-piece to Byrne, whose body I identified at Glenrowan. I recognised prisoner and his brother from their likeness to their mother and sisters. Did not know Hart, the other member of the gang. Prisoner, jerking his head towards Lonigan’s body, asked, “Who is that?” Witness replied, “Lonigan.” Prisoner at first said, “No; I know Lonigan well;” but afterwards, “Oh yes, it is. I am glad of that, for the ― once gave me a hiding at Benalla.”
Prisoner had now two guns, the one he received from Byrne in exchange for the fowling-piece and his own weapon. He remarked that one was for me if I attempted to escape. The prisoner then arranged his men, placing two in the speargrass (Dan and Byrne), and one (Hart) in the tent. The prisoner himself lay down behind a log at the fire, and called me to the log. We had some conversation, in which the prisoner expressed a belief that the police had come out to shoot him. The prisoner and his mates were now waiting for the return of Kennedy and Scanlan, and with regard to their absence and probable time of return he closely questioned me. He asked me to request them to surrender, and promised not to shoot them if they did. He stated, however, that there were four men in the police force he intended to roast - viz., Flood, Fitzpatrick, Steel, and Strong. He said, “What gun is it? Is it a breechloader?” I said, “Yes, it is.” He said, “That looks very like as if you came out to shoot me.” I said, “You can’t blame the men, they have got their duty to do, and they must come out as they are ordered.” He said, “They are not ordered to go about the country shooting people.” He then said, “What became of the Sydney man?” - he referred to a man who murdered Sergeant Wallins in New South Wales. I said, “He was shot by the police.” He said, “If the police shot him they shot the wrong man. I suppose if you could you would shoot me some day, but before you do it I will make some of you suffer for it. That fellow Fitzpatrick is the cause of all this.
Those people lagged at Beechworth the other day no more had revolvers than you have at present―in fact, it was not them who were there at all.” I said, “You can’t blame us for what Fitzpatrick did to you.” He said, “I have almost sworn to do for Fitzpatrick, and if I let you go now you will have to leave the police force.” I said, “I would, that my health was rather bad, and I intended to go home.” I asked him what he would do to the men if I got them to surrender. He said, “You had better get them to surrender, because if they get away we will shoot them, and if they don’t surrender we will shoot you. We don’t want their lives, only their firearms. We will handcuff them all night, and let them go in the morning.” I thought I could possibly get a gun by a sudden spring, and I made a short step towards them. Hart cried out from the tent, “Ned, look out, or that fellow will be on top of you.” Prisoner said, “Don’t do that, mate; if you do you will soon find your match, for you know there are not three men in the police force who are a match for me.” About this time (half-past 5 or 6 o’clock ) Kennedy and Scanlan came up. Prisoner cried out, “Listen, lads, here they come.” (This evidence was objected to as relating to another offence, but the objection was overruled on the ground that the evidence was admissible to show the intent with which the first shot was fired.)
Kennedy and Scanlan came up on horseback. They were 150 yards from us. The prisoner was still kneeling behind the log. He stooped to pick up a gun. Kennedy was on horseback. Prisoner said, “You go and sit down on that log” (pointing to one), and added “Mind you don’t give any alarm, or I’ll put a hole through you.” The log was about 10 yards distant from the prisoner, in the direction of Kennedy. When they were 40 yards from the camp I went to them and said, “Sergeant, we are surrounded; I think you had better surrender.” Prisoner at the same time rose and said “bail up.” Kennedy smiled, and apparently thought it was a joke. He put his hand on his revolver. As he did so prisoner fired at him. The shot did not take effect. The three others came from their hiding place with their guns, and cried out, “Bail up.” Prisoner picked up the other gun. Scanlan, when Kennedy was fired at, was in the act of dismounting. He became somewhat flurried and fell on his knees. The whole party fired at him. Scanlan received a shot under the right arm. He fell on his side. Kennedy threw himself on the horse’s neck, and rolled off on the off side, putting the horse between him and the prisoner.
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