The Argus at KellyGang 29/10/1880 (3)
Ned Kelly's trial continued
McIntyre giving evidence
I caught Kennedy’s horse, and I looked round and saw the others running past. I attempted to mount the horse to get away. The last I saw was Kennedy and Scanlan on the ground. I got away. I heard shots fired. I can’t say if they were fired at me. I got thrown off the horse in the timber when I had ridden two miles. I remained in the bush all night, and got to Mansfield next afternoon (Sunday), about 3 p.m. I reported the matter to Inspector Pewtress, and a search party was organised. We started from Mansfield about 6 o’clock . Never saw the prisoner again till after his arrest at Glenrowan. I arrived at Glenrowan on the Monday afternoon. Saw prisoner at the railway station, and recognised him.
Cross-examined by Mr Bindon . We went out with Kennedy to arrest the prisoner and his brother. I did not see the warrants for their apprehension. I can’t swear that any of our party had a warrant. I knew of the warrants by the Police Gazette. Kennedy did not roll of his horse through being wounded by the prisoner. From the time the sergeant came in sight till Scanlan was shot was about a minute. Kennedy’s horse was restive after I caught him. I thought nothing of the horse till I saw Scanlan was shot, and then I did not think I could get away. Scanlan was shot immediately after Kennedy was fired at. When they were firing all round I thought no mercy would be shown to any of us. If I had known Kennedy would have fought I would not have left. I did not consider there was any opportunity for a fight.
George Stephens , groom, said he was at Faithfull’s Creek Station when it was stuck up by the prisoner, and Hart, Byrne, and Dan Kelly. He said prisoner gave him the following account in answer to a question about shooting the police. Prisoner said:- We were behind a log. I told Dan to cover Lonigan and I would cover McIntyre. I then called on them to throw up their hands, and McIntyre immediately did so. Lonigan made for the log, and tried to draw the revolver as he went along. He laid down behind the log, and rested his revolver on the top of the log and covered Dan. I then took my rifle off McIntyre and fired at Lonigan, grazing his temple. Lonigan then disappeared below the log, but gradually rose again, and as he did so I fired again and shot him through the head. I then sent two men back to our own hut, fearing a surprise there. I sent Dan over to the rise to watch for the police coming. While I was talking to McIntyre the men appeared in the open, and I had just time to fall down by the fire. The fire was very high scorching my knees. McIntyre went over and spoke to Kennedy, and Kennedy smiled. I immediately sang out for them to throw up their hands. Scanlan swung his rifle round and fired at me. I then fired, and Scanlan fell forward on the horse’s neck. I still kept him covered, thinking he was shamming. When the horse moved, he rolled off.”
Cross-examined. I have been in the police. I left in 1868. I was discharged for being absent for two or three days without leave. I am going to try to get employed by the police.
Re-examined. I repeated my evidence to Detective Ward shortly after the prisoner went away.
Wm Fitzgerald, labourer, at Mologolong, who was present at the conversation between Stephens and prisoner, gave evidence similar to that of the last witness.
Henry Dudley , employed in the Government Printing-office, gave evidence as to having been stuck up by the prisoner at the Faithfull Creek station, in December, 1878. Referring to a conversation he had with prisoner, he said that the prisoner pulled out a gold watch in a double case. He said “That’s a good watch, is it not? It belonged to poor Kennedy. What would be best for me―to shoot the police, or for the police to shoot me and carry my mangled body into Mansfield ?”
Robert McDougall , bookbinder at the Government Printing-office, who was with Dudley , gave similar evidence.
James Gloucester, draper at Seymour I was hawking goods in December last in the neighbourhood of Mr Younghusband’s station, when I was locked up by the prisoner at the station with 14 other persons. The prisoner in one conversation described the shooting of the police at the Wombat. One of the prisoners, out of curiosity, asked him about it. Prisoner said that he had shot Lonigan, and had also shot Kennedy. He said, “Lonigan ran to the log, and was trying to screen himself behind it when I fired at him. He fell. I was sorry afterwards that he didn’t surrender.” He said that Lonigan was struck in the head and killed. He said, People called it murder, but he had never murdered anyone in his life. I said, “How about Sergeant Kennedy?” He said, “I killed him in a fair fight; as Kennedy came up I told him to throw up his arms, but instead of surrendering he showed fight, and during the fight he retreated from tree to tree. Kennedy must have been a good shot as well as a brave man, for one of the shots went through my whiskers.” He added that Kennedy turned round, and he (Kelly) thought he was going to shoot him, and he fired, and shot him. He was sorry he had fired that last shot, as he had thought since that Kennedy was going to surrender, and not fire. He said that he had afterwards had a long conversation with Kennedy, and seeing from his wounds that he could not live, he shot him. He said that the party were going to leave the ground, and as he did not wish Kennedy to be torn by wild beasts while he was dying, he shot him. He added that it was no murder to shoot one’s enemies, and the police were his natural enemies. He said he had stolen about 280 horses, and that if the police had taken him for any of these cases he would not object, but that the police had persecuted him.
Cross-examined by Mr Bindon. Prisoner said he was 200 miles away at the time of the alleged shooting at Greta; that his mother had struggled up with a large family, that he was very much incensed at the police, that his mother had been unjustly imprisoned, and that Fitzpatrick’s testimony was prejudiced. He referred to his mother having an infant at the breast when she was taken to gaol. Prisoner said he was sorry Lonigan had not surrendered. I said at the Police Court that my impression was that he took the whole of the shooting on himself to screen the others.
At this stage the further hearing of the trial was adjourned till next day, at 9 o’clock .
The jury were taken to the Supreme Court hotel, where quarters for the night were prepared for them.
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