The Argus at KellyGang 9/8/1880 (5)
Const M'Intyre's evidence continued at the committal hearing
I won’t swear that the prisoner fired at Scanlan, but I saw him point his gun at Scanlan and heard his gun go off. Kennedy’s dismounting from his horse and the shooting of Scanlan were almost simultaneous. I heard three shots together, and one immediately afterwards. Scanlan at the same time fell. I now saw that we were all to be shot. I immediately seized the opportunity to escape. I have never seen any of the guns used at the murders since.
Samuel Reynolds , legally-qualified medical practitioner (surgeon), residing at Mansfield , examined by Mr Chomley, said,―I was present at a magisterial inquiry on the body of Lonigan. I first saw the body at Stringy-bark Creek, early on the morning of Monday, 28 th October. The deceased was lying on the ground on his back. I made no examination then, except to see that the deceased was dead. A few minutes afterwards I saw Scanlan’s body. There was a wound on Lonigan’s face. I made the post-mortem examination on the following day in Mansfield . I found four wounds―one through the left arm and one in left thigh, one in the right side and one the inner side of the right eyeball. I looked upon them as bullet wounds. The wound on the arm was simply a hole through the arm as distinguished from the forearm. As to the one on the thigh, the bullet travelled round the thigh under the skin, nearly to the inside, where I found it and extracted it. The wound on the temple might be described as a graze. I traced the wound in the eye through the bone into the brain. I was satisfied it was embedded in the brain, as there was no outlet for it, and did not search for it further. This wound must have occasioned death in a few seconds. The last witness, McIntyre, was present when this body was found, and he pointed it out to me as that of Lonigan. I also made a post-mortem examination of the body of Scanlan.
Cross-examined by Mr Gaunson.―The graze on the temple was a minor wound. I judged from its sharp character that it was a bullet wound. That, of course, was only a supposition. The wounds on arm and thigh would not have caused death. I left the bullet that entered at the right eye in the brain.
Constable McIntyre’s depositions were then read over and signed by him. This occupied the remainder of the afternoon.
Mr Foster, PM, addressing McIntyre, then said,―As some comments have been made as to the manner in which you have given your evidence, I think it is only right that I should express my opinion on the subject, and it is that you have given your evidence intelligently, and, as far as I am able to judge, fairly and honestly.
Mr Gaunson.―I need not say that remarks of this kind are very unusual, and I object to them, because I do not think that he has given his evidence fairly.
Mr Foster.―I have thought it right to express my opinion.
Mr Smyth.―And I think it is undoubtedly the opinion of every one in the court.
The further hearing of the case was postponed until Monday at 10 o’clock . The prisoner as usual was conveyed in a cab to the gaol by Sub-inspector Baber and an escort of two mounted troopers.
Kelly appears in court with a black coat, light trousers, and white shirt. He is generally carried along the passage leading from the court-house cell to the dock. He then hops to a chair in the dock and sits down. On Saturday, the weather being cold, he was supplied with an opossum rugs to keep his legs warm. He saw a gentleman making arrangements to sketch his likeness, and immediately covered his body with the rug with the view of preventing his figure being drawn.
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