The Complete Inner History of the KellyGang and their Pursuers (15)

full text

CHAPTER II

continued

Dr. Nicholson met Fitzpatrick afterwards, in the street, and told him frankly that the wound in his wrist could not have been caused by a bullet.

Two Farmers-Joseph Ryan, of Lakerowan, and Frank Harty, of Winton-swore that Skillion had been in their Company since 2 p.m. on April 15, and that they both had tea at Harty's at about 5.30 p.m., and that they did not return to Kelly's house till 7 p.m . The row with Fitzpatrick took place at about 5 p.m. Peace was restored, and the Kelly family and Fitzpatrick had had tea before Joe Ryan and Skillion returned from Frank Harty's. It was impossible, therefore, for Skillion. to have been present when Fitzpatrick was manhandled by Ned Kelly and his brother Dan.

Also it was impossible for Williamson to have been present. He was splitting rails half a mile up the creek when Fitzpatrick entered the Kelly' s house. Williamson would not have had time to cover the distance and reach the house before the third alleged shot was fired.

Furthermore, Fitzpatrick swore that Williamson did not enter the house before him (Fitzpatrick), nor did he see Williamson enter the house after him (Fitzpatrick). When closely questioned by the Commission as to how Williamson, not having entered the house, could come out of the bedroom, Fitzpatrick affirmed that Williamson may have obtained entrance by the removal of a sheet of bark at the rear of the house.

As the house was built of wooden slab sides and a bark roof, it was obviously impossible for Williamson to remove a sheet of bark from the roof in time to be present before the fracas was over.

Therefore it seems clear that Williamson was not present at all, and that Mrs Kelly Skillion and Williamson were innocent of the charge on which they were so promptly convicted and severely sentenced.

Ned Kelly strongly objected to his sister's name being brought into his mother's defence, although her counsel (Mr. Bowman) considered the attack on Kate Kelly proved ample justification for what had really happened. Ned contended that the evidence of Joe Ryan and Frank Harty would prove that Skillion was not present, and that consequently Fitzpatrick's evidence was palpably false. Their evidence, Ned contended, was sufficient to secure the acquittal of his mother, Skillion and Williamson, without bringing Kate's name into the case at all. In deference to Ned's objection, Kate's name was not mentioned at Mrs Kelly's trial.

Ned Kelly naturally thought that his mother would be tried in a Court of Justice, notwithstanding the fact that he himself, had twice been previously tried in a court of loaded dice.

He did not think it possible that a mother with a very young baby in arms would be denied her inalienable, right to be tried in a Court of Justice. Ned was, however, bitterly disappointed. The only evidence produced against his mother was that given by a constable who was well known to be a flash, drunken, immoral blackguard, who was shortly afterwards dismissed in disgrace from the Force on the following charges: "That he (Fitzpatrick) was not fit to be in the Police Force., that he associated with the lowest persons in Lancefield, that he could not be trusted out of sight, and that he never did his duty."

It would be almost unbelievable, if it were not already an established fact that, at the Supreme Court at Beechworth on 9th October, l878, the evidence given by two highly respectable farmers was rejected with scorn, and the perjured evidence of a constable who "could not be trusted out of sight" accepted as sufficient excuse to send this mother with a baby in her arms to gaol for three years' hard labor.

But then the Kellys had to be "brought up on any charge no matter how paltry, the object being to take their prestige away from them."

It was this unique outrageous miscarriage of justice that caused Ned Kelly to offer armed resistance to an administration correctly described as "Loaded Dice."

See previous page / next page

This document gives you the text of this book about the KellyGang. The text has been retyped from a copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. We also apologise for any typographical errors. JJ Kenneally was one of the first authors to tell this story from the KellyGang's point of view