The Complete Inner History of the KellyGang and their Pursuers (19)

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CHAPTER 1V

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Conversation followed between the Kellys, and their prisoner, in the course of which, it is stated, McIntyre said that Fitzpatrick had wronged the Kellys, and that he (McIntyre) intended to leave the force, as he was in bad health, and proposed going home to Belfast , in the north of Ireland . McIntyre admitted that Sergeant Kennedy and Scanlan had gone out to look for Kelly’s camp, and told also about the police party, under Senior-Constable Shoebridge, which had set out from Greta to look for the Kellys.

Having assumed control of the police quarters, Ned Kelly despatched Joe Byrne and Steve Hart to their own camp to see if there were any signs of Kennedy and Scanlan. They returned and reported that there was no sign of the mounted constables. Further conversation between Ned Kelly and McIntyre ensued, and the former inquired why the police carried Spencer rifles, breech-loading shotguns, and so much ammunition. The police, he said, were supposed to carry only one revolver and six cartridges in the revolver, whereas this party had 18 rounds of revolver cartridges each, three dozen cartridges for the shotgun, and 21 Spencer rifle cartridges, besides all the ammunition the others had away with them. It appeared, he said, as if the police not only intended to shot him, but also to riddle him. However, he remarked, he was unacquainted with McIntyre, Kennedy or Scanlan, and desired only that they surrender and leave the district. McIntyre said he would get Kennedy and Scanlan to surrender if Kelly would not shoot them, pleading that they could not be blamed for doing their honest duty.

"So they knew that Fitzpatrick had wronged us," mused Ned; "then why don't they make it public and convict him? The police will rue the day that Fitzpatrick got among them!"

Dan Kelly had come back from the spring, and the other two had returned from their hasty visit to the miners' hut on Kelly's Creek, when Ned Kelly heard sounds of horses coming up the creek. He immediately told McIntyre to advise Kennedy and Scanlan to give up their arms and they would not be harmed. As the mounted police came in sight Kennedy was about twelve yards in front of Scanlan. McIntyre approached Kennedy and told him that the Kellys had surprised them in their camp; that Lonigan, who showed fight, had been shot dead by Ned Kelly, and that he advised his companions to surrender.

Kennedy, however, drew his revolver, and, jumping off his horse, got behind a tree, leaving his horse between himself and Ned Kelly.

Then came the command from Kelly: "Bail up! Throw up you arms!" Constable Scanlan, who carried the Spencer rifle, slewed his horse around to gallop away, in order to be out of range of revolver and shotguns, while he himself could then easily fire with the rifle at long range. In the excitement, however, his horse became confused and refused to answer the bit, and Scanlan fired at Ned Kelly without levelling the rifle, the bullet going through Ned Kelly's beard. He was in the act of firing again when Ned Kelly fired, and Scanlan fell from his horse and died almost immediately.

Both Kennedy and Scanlan, were well within range when they came into the clearing. Scanlan was only thirty yards from Kelly, and Kennedy about twenty yards, and both could have been shot without being challenged, or without being given the opportunity to surrender. Thus, although Ned Kelly claimed that he was at war with the authorities, on this occasion at least he upheld his vow that he would shoot to kill only in a fair fight.

McIntyre lost no time in scrambling on Sergeant Kennedy's horse. The horse was roused by the shots and got away about 20 yards before McIntyre succeeded in getting into the saddle. Ned Kelly could have shot him then, but did not appear to concern himself with McIntyre, who had given up his arms; he was concerned with Kennedy, who was armed, and who apparently intended to fight to a finish. Attention diverted to McIntyre meant neglecting Kennedy, who was armed and firing, as opportunity presented, at the Kellys.

Kennedy opened fire from behind a tree. Dan Kelly advanced, and Kennedy fired at him, the bullet passing just over his shoulder. Kennedy then ran and got behind another tree. At this moment Ned fired and wounded Kennedy in the armpit. Ned picked up Scanlan's rifle, but, not understanding the mechanism, promptly dropped it and again seized his own shotgun. By this time Kennedy, having crossed the creek, had contrived to place some distance between himself and Kelly, but in running he dropped his revolver and was turning to surrender when Kelly, unaware of his intention, fired again. The charge entered Kennedy's chest, and he fell mortally wounded.

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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