The Argus at KellyGang 5/11/1878 (2)
3. The said Edward Kelly, so charged as aforesaid, and the beforenamed Daniel Kelly, and two men, whose names are unknown, are mounted, armed, and associated together; and they did, on the said 26 th October, at Stringybark Creek, resist and kill the said Michael Scanlan and Michael Kennedy, and Thos Lonigan, officers of justice.
4. The said Edward Kelly so charged as aforesaid is at present at large, and will probably resist every attempt made by ordinary legal means to apprehend him.
5. The Attorney-General has directed an application in chambers on his behalf to be made to one of the judges of the Supreme Court, in pursuance of the Felons Apprehension Act 1878, for the issue of a Bench warrant, under the hand and seal of the said judge, for the apprehension of the said Edward Kelly, and in order to his answering and taking his trial for the aforesaid offence of which he so stands accused.” There was a similar affidavit made by Captain Standish as to Daniel Kelly, and the two other men whose names are unknown, and the order was asked to be issued against each of them. His Honour made the order against each of the accused, directing them to surrender at Mansfield on the 12 th inst., for the purpose of taking their trial for the offences alleged against them. The summons reciting the order requiring them to surrender was directed to be published in The Argus and The Australasian and the other metropolitan daily and weekly newspapers, and the newspapers at Beechworth, Chiltern, Benalla, Wangaratta, Jamieson, Mansfield, and Wahgunyah, and in the Government Gazette.
By the provisions of the act, if the accused fail to appear, or if, having been arrested, they escape, an affidavit is made to that effect, a judge of the Court may then enter a declaration on the records of the Supreme Court that any of them is an outlaw, and on such declaration being approved by the Government in Council, the offenders can be shot down by any one going to arrest them without any other summons. The following is a copy of the order directing Edward Kelly to surrender; the orders against the others being in similar terms:—
“To Edward Kelly, of Greta, in the colony of Victoria .
“Whereas, on the fourth day of November, one thousand eight hundred and seventy-eight, a Bench warrant was issued, in pursurance of the Felons Apprehension Act 1878, under my hand and seal, in order to your answering and taking your trial for that on the twenty-sixth day of October, one thousand eight hundred and seventy-eight, at Stringybark Creek, near Mansfield, in the northern bailiwick of the said colony, you did, in company with Daniel Kelly, and two other men whose names are unknown, feloniously and of malice aforethought kill and murder one Michael Scanlan.
“And whereas, in pursuance of the Felons Apprehension Act 1878, I did on the fourth day of November, one thousand eight hundred and seventy-eight, order a summons to be inserted in the Government Gazette requiring you, the said Edward Kelly, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the before-mentioned crime of which you, the said Edward Kelly, stand accused.
“These are, therefore, to will and require you, the said Edward Kelly, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the before-mentioned crime of which you so stand accused, and hereof you are not to fail at your peril.
“Given under my hand and seal, at Melbourne , this fourth day of November, in the years of Our Lord one thousand eight hundred and seventy-eight.
“WILLIAM F. STAWELL, Chief Justice of the Supreme Court of the Colony of Victoria .”
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
