The Argus at KellyGang 3/2/1879 (2)
He would put it to the Bench that assuming the police were now ready with witnesses, how would they get over the defect in the warrants which he had pointed out? There was no doubt in his mind that if the Kellys were captured to- morrow these men would be told to go about their business. The police would at once, say, "We have got the men we wanted, you can go." When the prisoners were first brought up, the police magistrate said that very likely at the end of a week the police would be able to bring forward their evidence. Four weeks had now elapsed, and still no evidence was brought forward.
With reference to what had been said by Mr Bowman about newspaper statements, he saw in one paper an article lauding the police magistrate to the sky, while another one said he (Mr Zincke) was deserving of great reprobation for having used words unfit for any practitioner. One newspaper said that he used the words, "It is an infernal farce." He was no doubt worthy of all reprobation if he used such language in a court of justice, and fully deserved to be sent to Beechworth Gaol and join the prisoners for 48 hours, but he was perfectly sure he never did use such language. Then there was an editorial paragraph stating that the Beechworth public strongly reprobated the language used by him. If he had used it it was only right they should do so, but he would ask the police magistrate to say whether such language had fallen from him.
The Police Magistrate said that the remarks just made afforded him an opportunity of expressing his sense of the great courtesy he had always met with from those gentlemen who practised before him. With regard to the remark alleged to have been made by Mr Zincke, he must say that he never heard it, and us far as his knowledge went, no such expression was ever used. Had such a remark been made in court the consequences referred to by Mr Zincke would have been well deserved. As to the prisoner's case and the application for a further remand, he could only repeat what he had before said, that they were exceptional cases, and must be dealt with in an exceptional manner.
The prisoner would therefore be again remanded for seven days. Jas. M'Ilroy, James Quinn, and Francis Hearty were next placed in the dock.
Mr Bowman. - I presume the same ruling will apply to all the prisoners?
The Police Magistrate. - I suppose the same application will be made in this case as in the last.
Superintendent Hare. - I intend to ask for the remand of all the prisoners.
The Police Magistrate. - They are remanded for seven days.
The other 10 prisoners were then brought up and formally remanded.
WANGARATTA, SUNDAY, 11 PM
The idea has prevailed here for some days that something definite would be heard of the outlaws, but the party that was sent out in the direction indicated, towards the Buffalo Ranges, has returned unsuccessful. It appears that false information was again given to the police.
With regard to the Kelly gang it appears that the police have met with mother disappointment the party of troopers who were expected to beat up the quarters of the murderers hate returned from the Buffalo ranges unsuccessful. It is evident that they have been deceived by false information.
end
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