The Argus at KellyGang 9/8/1880 (4)
Const M'Intyre's evidence continued at the committal hearing
When we went to arrest Ned and Dan Kelly we expected resistance, but not that we would be attacked. I had no warrant, and I cannot say whether Sergeant Kennedy had one, or any of the other members of our party. When we had camped on the Friday night, Sergeant Kennedy told me that there were some kangaroos in the creek, and said I should have a shot at them. I went down, but returned without firing a shot. There was a reward of £100 offered for the arrest of Edward Kelly when we went out to arrest him and his brother. I did not understand that the reward was offered for the arrest of the two men dead or alive. We were ordered out to arrest them by Superintendent Sadleir. Fitzpatrick is not know a member of the police force. He has been discharged, but I do not know the reason. If he possessed truthfulness, uprightness, and decency, I believe he would not have been discharged from the force. Even if he possessed those qualities he might have been dismissed for an indiscretion. For the shooting of Fitzpatrick Mrs Kelly two of her friends have been convicted. Although Fitzpatrick has been dismissed from the police force, I have not heard of Mrs Kelly’s sentence being commuted.
I knew Fitzpatrick, and always found him to be a very decent fellow. When we were bailed up by the prisoner did not say, “We don’t want to take life, we only want you arms;” but I heard the prisoner say, “Fitzpatrick is the cause of all this.” I said, “But you cannot blame us for anything Fitzpatrick has done.” I did not say, “I know that.” If anything was said about Sergeant Steele having given evidence at the trial of Mrs Kelly, it has escaped my recollection. After the first instant when bailed up, I was quite cool. The instant Kennedy’s horse was abandoned I made use of it. The thought of escape never entered my head till I saw the horse going past me. I did not expect to escape. I conclude that Kennedy must have seen me get away; but I will not swear that he did. I did not look back, because if I had done so I would have struck my head against the timber. For all I know, therefore, Kennedy may have been shot instantly. I cannot say what is the feeling of the police towards the prisoner. I cannot say whether any of them desire him to be acquitted or convicted.
Mr Gaunson said he would now leave the witness to be turned inside out by a better man in the Supreme Court.
The Court, at 1 o’clock , adjourned until 2 o’clock . On resuming.
Mr Gaunson proceeded once more to cross-examine Constable McIntyre. The prisoner said to me at Stringy-bark Creek, “What brings you out here at all? It is a shame to see you, big-strapping fellows, in the loafers’ billet of policeman.” The prisoner, I believe, also said, “If you get them to surrender, we will handcuff you during the night and let you go in the morning; but you must go on foot, for we want your horses as well as your fire-arms.” He likewise said, “We will let you all go in the morning.” Scanlan was shot when on his hands and knees. I never told the reporters that he was shot while making for a tree. I was annoyed by the reporters making suggestions to me and then taking anything for an answer, and I cannot say exactly what I told them. There was too much published about the matter, but I do not think there has been too much published so far preventing the prisoner having a fair trial. I mean that what was published tended to the glorification of the gang.
Dan Kelly carried a single-barrelled fowling-piece, an old cheap gun of common bore. I don’t know what it was loaded with. I can’t say if there was anything in it except powder. I did not see him fire, but I heard him discharge it, and then saw the smoke curling up from his barrel. I saw smoke issuing from the gun held by each of the four men. I could not say what object Dan Kelly fired at. I can’t swear that he fired more than once. I believe it was a double-barrelled gun that Hart carried. It appeared to be an ordinary sporting gun. I did not see him fire, but heard a report from where he stood. When they advanced and fired on Kennedy they were about 20 yards distant. I don’t know how Hart’s gun was loaded. Byrne had an old-fashioned gun, with a larger bore than any of the others. I saw the prisoner Edward Kelly discharge that gun at Kennedy. That was when he missed Kennedy. The gun that was loaded with bullets by the prisoner in my presence was the one used latterly by Byrne.
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