HALF A CENTURY AGO

Evening Post, Volume CX, Issue 134, 4 December 1930, Page 4

HALF A CENTURY AGO

NED KELLY ON TRIAL

EEMARKABLE VERBAL DUE£

On 28th " October, ISSO,. fifty,' yeari* ago, Edward (Ned) Kelly, bushranger, was placed on trial, his life at stake.; The preceding chapters in the career, of'this extraordinary, if desperate, character are so well known that repetition ia unnecessary, says a writer.in the "Sun News-Pictorial. 3' ■• But it might be mentioned that the Kelly gang, at first horse and cattle thieves, turned outlaws, and in th"c course of their career robbed two banks and killed three men—Sergeanfr Ken« nedy aiid Constables Scanlou and.Lonigan. .. ■ : -.."■.■.■-« : After an adjournment, .ihe trial cam'a on before Justice Sir- Bedmohd Barry; in Melbourne. The appearance of the two principals—the Judge and -the.prisoner— presented a strange contrast, the former in his scarlet and ermine (to which, later, the terrible black cap /waa added); and the latter a striking'figure mainly owing to his flowing. auburn beard. And tbe. two. were soon to engage in one of the most remarkably verbal duels on record.-'., . .-• ,'.j , KELLY AND THE JUDGE. ' ' The charge against the prisoner of having wUfully murdered Constable Lonigan was read, warrants were produced, and evidence given, after whieli the jury retired, returning with a very diet of "Guilty" in about, half 'an' hour. , Kelly, asked, as is usual, if he wished to make any statement, commenced hia never-to-be-forgotten discourse that proved in vain. The full account -of th exchanges is too -lengthy to .ba given here, so extracts .(in substance)' from the apiazing colloquy, will javq to suffice. , .;■.-.. "It is rather late for mo- to.:.speajc now," said-Kelly. ' "Nobody knpws about my case except myself, and ■X : wish I had insisted on being • allowed to examine the" witnesses myself. I fear death as little as to drink a cup of tea. :If I had examined the witnesses I would have shown matters in, a different light." - .. ■:'-_ ' ' His Honour replied: '"The verdict: pronounced by the jury is one you must; have fully, expected. "Later, -Kelly remarked: "My mind is as easy.as.the mind of any man, and I any prepared to show it before God and man.":. To this, his Honour replied": '"It is. blasphemous for you to say that. You appear to revel in the idea' of haying .put men to death."- ■ ■ Later, from the prisoner: "A day^ will come at a bigger court when ,we shall see which is right arid which is wrong. No matter how long a man lives he is sure to come to judgment somewhere, and as well here as anywhere." His Honour: "During your short life you^havo stolen, according to your own statements, over 200 horses." . "Who" proves that?" asked the prisoner. "More than one witness has testified that you have made the statement on several occasions,' 5 .came the reply. ' .. . Prisoner: "That charge has not been proved against me, and it- is held ill British law that a man is innocent until he is found guilty." Statements of this kind from a supposed uneducated man startled the Court.. ■'... ■;" SENTENCE OP DEATH. The.strange debate was interspersed with sermons delivered by Justice Barry, who, after remarking on tha miserable-life the notorious felon. musS lead, passed sentence of death' on 'tha prisoner. . '■■■■'' Kelly heard the ominous words, and after the utterance of'the usual AMay the Lord havo mercy on your soul,'*' defiantly shouted, "I will go a little further.than that, and say I will sea you where I go!" N . . .- :.:■•:. Thus closed one of the most memorable trials in Australian history. '■-■■'-, Sir Redmond Barry was no weakling^ nor was he superstitious, but a doctor,1 one of the Judge's best friends, "gav'a it as his opinion that Ned' Kelly'g parting words affected him, arid he pass- . ed away on 23rd November, 12 dayaf after the outlaw was executed. Eeference by his Honour during' the trial to the expense involved and the reward offered for flic capture of.:the Kelly gang, he having remarked, '"Icannot conceal from myself the fact that an expenditure of £50,000 has been rendered necessary owing to the acts of you and 'your'party,"'.'recalls that the reward offered—£Booo—was -the biggest price ever placed on the heads of criminals .in Australia. .'■'