The Complete Inner History of the KellyGang and their Pursuers (36)

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CHAPTER IX

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They were held in gaol and treated as convicted criminals from January 2 to April 22, 1879, without any evidence being submitted against them.

Beechworth Court Proceedings, January 18, 1879

Kelly Sympathisers

Twenty Kelly sympathisers were presented at Beechworth Court on the following charge:—

“That they did cause to be given to Edward Kelly (adjudged and declared to be an outlaw) and his accomplices information tending to facilitate the commission by them of further crimes, contrary to the provisions of the Felons Apprehension Act.”

Mr Bowman (for the Crown) said he did not ask for a committal, but merely for a remand, and the Crown had a right to this up to two terms (remands).

Mr Albert Read (for some of the accused): “The whole affair,” he said, “was making a laughing-stock of justice.”

Mr Bowman said he would withdraw the charges against Henry Perkins, Daniel Delaney, Wm Woods, Robert Miller, Walter Stewart, and John Stewart, and these six men were accordingly discharged.

Mr Zinke (for the other accused) was asked to agree to the remand of the accused, but notwithstanding that he emphatically refused, they were remanded for eight days.

Kelly Sympathisers Before the Beechworth Court

Report in “Ovens and Murray Advertiser,” February 11, 1879.

On Isaiah (“Wild”) Wright being put into the box,

Mr A Wyatt, PM, said: “Wright, you and I have met before.”

“Wild” Wright: “There is no fear of the Kellys killing me if I were out.  You will not get the Kellys until Parliament meets, and Mrs Kelly is let go, and Fitzpatrick lagged in her place.  I could not have done much, as for four months before I was taken (arrested) the police had their eyes on me.”

Mr A Wyatt: “I WOULD GIVE YOU FAIR PLAY IF I COULD” (OMA)

All the accused were again remanded for seven days.

Editorial in “O and M Advertiser,” 18/2/1879. —”The case of the men (Kelly sympathisers) now in Beechworth Gaol, however, is different ….. that they have been friends and even companions of the outlaws prior to the late outbreak, and that there is a strong probability that they would, if possible, aid the Kellys did opportunity offer.  Others of them, however, are perfectly innocent of any such intention, and, as Mr Zincke said in this particular, it is but fair that the wheat should be separated from the chaff, and these men set at liberty, unless in can be proved that there is aught against them.  The proceedings last Saturday (15/2/79) were farcical in the extreme, and whilst we say by all means use every endeavour to capture the Kellys . . . still, in common fair play, let the men now confined on suspicion have a change of clearing themselves of an imputation, which, if not removed, must blast their lives and their reputation for ever.” (OMA)

The following week the sympathisers were again before the court.  Four of them were formally discharged.

Supt Furnell stated that one of the men, Joseph Ryan, had broken his leg.  He intended to ask for his discharge, and requested Mr Foster to visit him in gaol for that purpose.

Mr Foster visited the gaol, and, on being discharged, Joseph Ryan was removed to the Beechworth Hospital.

Towards the end of March the Kelly sympathisers were again before the court, and Supt Furnell applied for a further remand of seven days.

Mr Bowman (on behalf of Mr Zincke) said: “It was monstrous the way in which these arrest had been made, as according to what was being done they might have him (Mr Bowman) arrested on the mere dictum of a police constable.  Mr Zincke had told him (Mr Bowman) that when the accused, Hart, was let go, he was almost apologised to; was told he had been arrested because his name was Hart, and had £1 given him.  Not one reason had been assigned why these men were kept in confinement.  It was easy enough to talk about Kelly sympathisers.  No one hated Kelly crimes more than he did, and he protested against such a perversion of justice.”

Kelly sympathisers were again remanded for seven days, notwithstanding Mr Bowman’s powerful appeal on their behalf.

APRIL 22, 1879

Kelly sympathisers were again presented before Mr Foster, PM Supt Furnell said he had been instructed to apply for a further remand of seven days on the ground that his witnesses were not available.

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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