TRIAL OE NED KELLY.

Poverty Bay Herald, Volume VII, Issue 1101, 21 August 1880, Page 2

TRIAL OE NED KELLY.

■'. . ■..—■ ' ♦" , - ':•'■:'-'• '•■'■ . • ; Eb^Jcßt) : ; EjsiStf- 'Oiratf? ' tin? lAngust- 6'fch; jehargred at th.9 Beech worth' Police ;Oorajfeij with' 'feloniously;' 1 and of malice 'aforethought, killing 1 '" Tlfdihas iH Lonergan. [~£h.eie was aVSecb'ndichargieJ in;' : tfeßtfaie^ .«ierin f s,' j for murdering ■• Michaer ; ScinlSn.f : Mr, Gauhs&n ; ''cpnducted- 'the , deifende 1 . ? The principal interest; • was ' centered fn constable Mclntyre;^' ' as '-it ' had; ' been, .freely 'stated that' it' wias' t6e'inteii.ti6ii"ot" sympathisers witlt'tlie prisoner 'to' sh'od't him in the witness, box, he being yth'ei oniy^jiian.' whpicouldfgiye direct" evidence: as to the^'mur'de^^of^Eeimedy's party. ; Kelly came'injE9;.c^urt|limping, but withj a very cool:.demeanour.; S 4 ■' • Mrs'SKiiiiott'i'aske'd if she could speak, to her brother, andlywas told to do so if ' she could. Theyttshbok hands and exchanged, a, few wprds ; but , of course, ill /the 1 1 presence of police: ' l Tom , | •lilby'd was also in court, and Ned Kelly; fshook hatidsNwithjhini iniji most- heaatyf manner. . ■••,■„.- „ „- . \ : • THE M.OBDER,;ps; ;) .LONEKGAN. 3 .Constable Melntyre r gaye the follow-; 'ihw : account of the murder-bf 'Loliergaii"": ■ ■^-'Lonergati;^ was ■ standing;,jon ,the' opppsite^ side of the fire, ; when J witness; anddfehly. heard' sp^e 'voice icallingiout, ' '"'Baii-up." Hold lipjout:) .hands." He quickly turned round, ahdt isaw.i.four ra^nj^each, armed: with guns,; f^P •'■.•each': gun pointing in>^hedirectibu;' of 1 Lb'tier- : gan or himself J/L fie noticed ihe. man on ! the' right i .of the : parfcy pai-tJcula'r'lyi'a'rid saw that his weapon' was' in a fair line for ; his;,. (witness')^ chest. ; Mclntrye continued : jAs soon as" I sawthis'jl' put smy out" ' horizon' tally! ! : ! I ; ' waariu^"- --' ftrm'gd at the' time!; ' Itnmediately .' after.'ward's' I sa^'.'.th'b'' same c man '■■'!} had • '.nbiicS'd}- ch v an£e tM^direction : pf 'his git h ap4'6re^' ' 4fe'i fired at^'iLohergariVl'wKa, wak'tii^i.'abou^io Or 32* 'iesV 'ff rom ; -toofe cr^ieard.Lonergan fail:imm'ediSt : iely"4fter : g©n6»abWt; r "four^jor ; fiY.e steps before he f ell; ;t ' : r :7 tlfen. heard, *pm fbreathing heavily: 'J'he -man 1 to 'the ,'rig^it o{. the'fpur wafe i the the ' court] ''&s'■ the time he \ fired 'the shot the other men" were' in at' line with him,, and two or tftree' yards apart. As soon as;ljonergan fe^^ihJB "prisoher threw His gun : into iiis 'left'^Kand, put hia right hand:- 1 behind his back, and pulled but ■■.' v a revolver,' arid . cried, .to , me. '• Keep your hands up— keep them up." I was • ,. my, ; revolver ; and fo,wling-piece being in the tent. After the prisoner '.drew the, revolver, he and three others rushed up 'to where I was standing,;O!and stood atg A af,;distartce of about three yards £rpm me; 'tne three btherscovered my chest with guns,, and the; ; prißorier r -with • aV'revolver. SlXkept my hatods up all the time. The prisoner

said to me," ' c Have you any firearms ?" ,1 -replied v I have ,not'?| Before this, Lonergan' had been struggling* on i the grass, plungingv on .the" ground very .;! jffut aopiltjtliis timehe ceased; f sb breariKef Lonergan iwAsj-jabout • 10 ; yards frow me at the time, and the s prisbhev 'was also the same distance from him; I heard Lonergan-iTsaXr "■■■Qh i - 'j£~i-, I'^^ho^'f ■■."'THj^p^BOTfer '■•watf: "within - hearing " ' distance. v Lonergan ceased struggling in about.half,. a minuter , A pie>y. minutes. '.after, I sa.w' Lonergan' 'stretched ■•'but arid motionless. I saw ■Mm ■dead, before, I lef t. ' . When the prisoner asked me if Ihad any firearms, I said, "I had not. "^He^ then asked, " Where is your revolver." 'l said, " At the tent, "v He said^tp ;his mates, " Keop him covered, iads, "/and searched me if or •■•.firearms...! In searching rnie, r ibte : passed his hand under my coat and dpwji !my trousers;, but did.npt find, anything. He tnen 3umped!^crps3 the log to where Lonergan was lying.l He remained away a., moment,^^ and^came bapk. wjfe^onergan's re,yolyer in his h^ndl;.. jf was under r ! v tb^e'e...other."men''aU'\tfie v tiimfe 'When prisoiier ca.me ;^acje t< ihe " Whafr %, pity'ithat man. tried »tb: get; 'away ;i ?" ririi 6he : of 'the others:,,sai,d . that V.he was a plucky v fellow;' did sypusee how he caught at his revolver ?" It was Daniel-Eelly^ wh^ said this.;; vX. ; :; ; .-.•,.. ■ FtTRTHER REVEEATI'ONS' r iY; ;NEE> KeLLY.

Ned Kelly has been making 'a riu'mbef" of statement^, abouti 7 his;. career. For some time the gang lived in a house that was frequently cohered, .with snow, .. t and Eelfy. had 'to .clear' the < snow off ; tlie ?rbdf to prevent it from ( falling in. The conclusibnis','that' at ?ne v time- .the gang lived either; in Buffalo or Bbgong Ranges. About four months ago, or at the end .of the harvest ,aeasoii'; ,twb men v we.r,e. /Qut opossiim,* 'snobifiing ' ' T three' ' miles " from Wangaratta— one of them Smith,; a and^ -the'* other; '-Mbrgan»--i:iiLS they Were. wandering through';"®^ ftuih near the Three-mile .Greek,' and in, „the vicinity of: the house „ which;: is tenanted b^ relatiyes-:of the QUtlaw-Hartr they, saw /fwibjimeh* approach behind trees.*- Smithißaid ;ta Morgan, :^liet us see what this'mearisy": and they advanced oh |the .men.- They -then aa w _ tH^ OAe, §f t jieiii strongly [resembled 3>ick yHartj; andfthey ; at;first^ in-fac.t, .conci.udeqirihat 'he "was that individual."" What^ is-tfie ■juse ,bf larkihg;iß this way,^ ;,Twp< :mencame out -from behind^ the. trees j rand bailed .them up. Both carried fire r 'arms... , One was then rejjoigniseU' as -Steve' Hart; the dutilawj A and jthe.otjxißr was; avstranger,- who; was, ceftaiMyj'»bt one of the otitliaws. - The s^range'r"' Carrie^ a rifle, and, ty.oreyplyers, and assisted Steve 'Hart'/ to bail ; tKem£ up.;- Morgan awi Smith' and the,.: four -'then; went ..to jlart's house. 1 ; ! There^ Dan .Kelly -was f ßiihd washing his* head 'and' chies't. Shortly after Byrne turned up and agenfefral conversation ensued. The- circumstances of Morgan and Smith mistaking Steve for. Pick^Hart^ocpasionedia, laugh; A supper was ; provided, of steak and onions. The strange man stayed outside .mosi&bf ''''the ey^ningi ;but- ; everitji'ally entered the housej^andr reported that theicaptain i was Aborning. r : Spon^ afterr wards JSed^Eellyehteredi-. .and^the company passed a jovial evening. Ned' .stated that he had missed his way, and I '-stumbie'd'v' ! -mto' i "th6 > '' : lipn J s mouth, for he stumbled upoii - ; a' railways crossing where a' gate-keeper lived. : Mrs. Hactiand'her; daughter; wpre;.pre r ■sent.' r .' : "'.]iioi:gan"\ras.''.a relative' of 'the Harts, i! tiis' motherland Mrs"; Hart being sisters, v.. There. was another^. pprsQn',pr.e.seiit, a sympathiser,, whb/ was armed with two .rey6tvir¥|' ! '- t^d'"'w'Ko'i J .'assisted_ in Feeping Morgan and Smith" in suHjectionJrKSmithTvas allbwed to, go at; about .11 o'clbck, ,on; : aeebunt.of .,his| wife ;and family, but the ; sympathiser referred ibo .made ; him- first kneel down; and • swear that he, ; wouid^give no information ' 'to the police. They gave: -him. two -£5 n9t.es,, and a' : reybly.er jOyer his on thißin he ' , Ned Kelly ;was asked who. I'ihp ' stratoge::man was, '■mie. replied he Va inan^they, had on 'trial as an'asso'ciate/, ( but he did not think would .'sv»it. JPhVgang 1 Jeft <at 4 o'clock in' "the riiorning^r^d Mprgah^was^kep under Burvelliancevby the sympathisers for several days. r^~ '' i^'C-' i' sKeLLT's DBMBAiIO.UB. v ' ." r/ . . '.-' Keily is generally respectful" iii v iiis deameanouiv ...He'Ttiakes a, scarlet-lmed opossum akin rug" intP the dbck; with 'himy : and appears to^be'afraid of:thele"ait .draught. I ', -When visited : by : Mr. Foster^ P.M., he said he did;: not' care; whether he lived or died, but that he would- like ; to save*6r serve ; sbme bf hisifrierids first, ■the* inference <• -being : ;■ that; ; -h&>. has* ,a- j .plant ■ somewhere ,i in, the ranges, , :: at^d ! •wouldilike to let ;it: be known tq vS Ajs: sisters. ' ' ".^tj-rs^r-Vr-j : . ''KkJjj'Z, INTJERVIEWED.—^ImPOETANT . , ':

■ ; "i\- -;' v: 'SSI4^MENTS."; ; ; ! ':'' :; ?;* r -A'|>''' ./■'■' IJed Kelly has made some' i^apoV'taht rstatemehts to a';r6porter in Beecliwjp.rtH: gaol. -i< (Reporter : | -'.^you have said^pu, "were. hardly and unjustly treated by^the: police, and that.ypu ;\\ ere. hounded down by' tbeiqa;,'; Oattf :ybu ' explain "-Hfiiatl you mean' 1" :J Kelly^ V i; u 'Ye3 ;j do : not'pretend that I have /led ablameless life, or that one fralt, justifies another ; but the public in judgiriga ca^'e like mine should remember that the darkest life may have a bright 1 side/ dud -thai after the ; worst h^,3 been said against a matt 'Jie; iofay;' ij^hje/ha's' hisstbryV' inihisowni' rough l :> way,' that' 'will lead them 1 "toTe 1 - 1 verse the bent of ' their thoughts against him and 'find as many excuses for him as he ;.wpuld plead for himself.,. People, .who liv.e fin larga^tpwns.haVe, no>; i^pa'bf 'the tyrannical ,• conduct of the ; police ;m" r ; jtKe country- places removed from camp, Theyrjhaye nb r idea r of hardship i, ,gr 5 life oyer-bearing,manner 4 ;inLwhich;they,,(the police) execute : their duty and 'abuse the^l prisoners.'! '-,^^ Reporter : f'Gai^cni, , give, ati"mßtance r p'f : \yhich you'compMnl" Keily : "IcanV 'Mclntrye, in hlB JeVidence said I told, him Lpnergan had given me a hiding in Benalla ; it is not true that I everi'a'Md -'tHis tb' -Mclntrye^ b'ut.j J will tell iyori' what the real 'facts are, which probably Mclntrye- may! 'be acquainted with. ■■Some time ago I had been drinking, - and -I ; think I w\s 'j?j^igged:;" I was arrested for some /trifling , I'offence— riding . over ; a ; f ootpath; 1 believe — and lodged in.. the lockup. On the if olio wing 'jmorning,,,. when ;J ; ;was taken but of the lock, up, and still dazed, ih. escaped and w.as pursued by the police.;; I took refuge in.,, a shoe-inakers's, shop, and, four. constables, soon came in after. .T^ey,, ; 'a?sisted,.by^tiie- owner of "the shop, >n,ed to put' 'the, .handcunß .on" me,' \ but ' failed.' \[ s ln^e;,s^uggl^iaii: ; enß^ed;my . trousers were ( .;I%aar.. ing me a more difficult °man to 4 mamige

'. han they expected,. E'o'nergan seized me n^a such cruel cowardly :and dJ9g u s*i n g. manner that he inflicted terrible v pain on me, but still I would not surrender.The act of Lpnergan -which eahnpt^be ; desmbed, might jhave ruiniad v m.e. : 4or life if it did not actually: kill me,^ r ")^hile the. struggle was still going 'on';; "a ''miller .came v prij..and,^eein'g^'ho«»'l:''iwas> being %l-treatedj v said the police should be ashamed of themselves, and heendeavoured to .pacify.them, .and.-mdu J ced me_, to be handcuffed?' I allpwed tnis man to put the handcuffs on me, though I refused r to submit to the police. It mayseem Strange, but it is as true as lam here that from that time up tP r Lonergan's death I suffered excracirting pain from his treatment, but, from the. day of his' death until now I ) have ibeen free from that pain and the ill effects I before experienced. Reporter : "That- is' one of the' examples you give" of the exasperating character! bf the'jharsh^reat^ . ment indulged iii : by the police." '^KellyS " It was in thy<jourse of 'thisattempted arr'estFitzpatrick endeavouredjbb catchme by the foot, and in;the,struggle'. r he tore tMe :: sbi6faiid hfeel bf "my •boot clem :off. .With one well-directed blow,' ;l sent him spr.awlingtagaitist-.thb wall, ;an ! d>;the stag' gering- blow T then ;ga,ve hiiin partly, accounts tome for rhissubsequentrconduct towards. my famUy and myself*" Repbrtei? : ; "'Now Kelly; what' is'the; , '' '!: .Real History op .Fitzp^rjck'st :....-•:; .. .„ :.'.':BirsiNßSS,.- -•— : — «—

—did he ever'try to take liberties with your sister, Kate Kelly ?".J£eUy : "No ; that is a fbolish/story ,; if;Ke or any other policeman tried ;to .teke liber ties with my sister, yiAteiria 'Wpidd;tipt hold; hip.?' Reporter i "Tfen, 1 what^Wi flic;: real story." Kelly : "''iAwill.-'-teTlS lydil; ■ T declare to^you that Itfelt 1 more keenly than I can express the unjust -treatment meted but to" my ' mother,., who 'Was | arrested with a baby ;^t hei SreffitfTand j c'bnvicted ' of.a crime of which she iras ihnbceint."" Reporter:' " Tellone^ ttie wholestgry b^that4ffiar^''^^Sy>>'I ', will. >Sfy>mpther,- her-fson-in-iaw-,- Skiilian, and "a mati named William'WilHamsqhy were^triedjOct'ober' 28^18785 Beecliwoit^: assizes. ■ Jby- Sir"' ? Redmond Barry,' wtio /sentenced.. :nly mother to three' years, and "Skillian and Williamson!) !tb~T3ix..iy,ear!s each..; /"V^illiamaorLuiß. not related to us ,; --, he/ occupied land at Greta. The one witness of ihe 'alleged attempt atr murder was. Constable ;Fitz-; - patrick, _whp? has since, .been dismissed -from the police force. His evidence, 1., declare, is foully , false. .^On^the 24th of : oct6ber,-Imy mother, .brotlierlmrlawj''and W&iarasdh , .were sentenced,^ apcl. ..the police started to arrest, my. Dan .' and me on the v 2sth of October* or thirteen days after my mother was' sentenced. Now; ;; the follo'wihg is a : true .version "s>f the affair:;: (ll think :a;warrant.; had been; issued at Chi^eni for. Dan's arrest, on a charge of horse-stealing,' of whicJV; he . was quite innocent. Before this warranty could .reach Fitzpatrick, he somehow became, aware of it, and started put fpr ; Greta toiarrest* Dan. He got" drinking .at some .. place* in' the A neighbourhood while; ; , he ;!was ; ; watching t for .Dan - to : come home. Hesaw Dan outside Vthie i house,, and said to him, "Dan I want, you j to come'into i'tp'wn^wi^^mej"''^^^'''.^^^':! Dan, 1 'i\ don't : caretftgo intP town I K&ye lib^buiin^ys r . with iyou." ''6h,";said;Fit!spatrick, " there is a warrant against you for horse-stealing.?' ",, Very /well," said. Dan, *.' if ! Maf 'is the [case I will go ; but I- -have justf come from xa;.long. ; ride, *. so iefme have'; something :'; ip «at " before gq t ", the two; wept , intpTmy mother's place. c 'Dan' "did- 'not' likV' to tell •myw mother,, /and- Fitepatrick; was silent,. But after a .little. time He said- he was going iinto"'tqwn' :: --with Fitepatrick, and my mother; wanting^to know-what ; for, Fitzprtrick said, ci 'There '^f&k-a?* warrant out against him, and Thave arrested him.." "Well said Dan, "you have said' so iriuch about *'a warrant, show us your warrant." Fitzpatrick*. said, ,MI ; haye got no. warrant,, , but a ■telegram ' cain'e'?saying' there' vfasva %ai£ rant out for, you; ''■["; Well .*; , said , my , mother^ .who , was;putting>fsome.fire*^bti' 'the byen/ in which she was baking, ,i~I-j don't : see' f why any* man should he t^k^n,' on the mere-word /ofa' ; policeman ;V ana Dap!;; you 'need noib : go; unless ty^u#]ffc§. J ?- Fitzpatriek at r once..drew hia revolver, , and. covered^ my motHer with it,! saying, " Ijwffi-blpw : , y pur brains ? oiit.rif;; you interfere.^ ' .; mother I said: to Fijjj^ • patrick, '" You would nofcbe^so ready to j show that pop-gun bf yours if 'Ned-was here." Instantly, ■Dan, 1 with the view; 'of (.distracting his attention,: cried -put, | L'fiThere is' Ned coming; along by the side ; of .the hous'ei.'"^ Fitzpatrick at once fell into the ruse, and looked in the direction ' indicated ;by: Dan, 1 but Iwasnot in fast : •/,,. . .'■ ■: ,•■■: v' .■=*v,-.koH . ! i ili^WrcHiN 200?Mhes of thf Peace. : at thle time. Direcily, Dan" saw that his -attention 1 wa^ ' l tak*en (> off him, he jrushfed him, disarmed him, emptied his ■ gav.erit him . baok, and, let him gb, r npt pfferihg^.any vipienc'e* Whatey'eri : L^ ; day or two after,,my mother, Skillian, and Williamson',; both bf .whom >were not present on occasion, were, arrested on a charge of aidingand| abettijig aii attempt by me to murder' Fitepatrick, and^confined six months before .they were tried, tn May - ljß?§i & regard of was offered -'fpr- my apprehension Jfbr "ttiis alleged attempt at murder. .; At the trial •Fitzpatrick' : swore I shot hini in the "wrist, and he' 'was : kf terwards ' eompelied to submit -to:: the/ cutting -out- vbf the bullet. >;• ,1 ; now;, know the vj)psition ; i : in; jT^hich I stand, and now declare to God FitzpatrickVs statement 'isl false from beginning,to/endi versipn. may^be" dQubted, buiiVther'p are.one p^ two. facts "that help / 'me;'-|' Fitzpatrick" has^ been' since dismissed from, the' forceil.iAßr. 1 Nicholson ' i gave " eviden'o^r that'-A'S'ite-patrick's' wound might have, beeii caused * as statejd by him, shut thatj;- hti J ;h&3.'!jh^' ; prbb'ed the wbUnd:'; 3 Since the'trial 'the dbbtpr *had told Fitzpatrick that." K?s wbundfwas never caused by a bullet. ■'I belie v y&"Fitzp'atricki in order to give a a'ooiour.to his story and to-relieve. him? self ; f or -failure ''to arrest Dan, ipi flicted' a mere^flesh wound on his wrisfci but whether it was so or hot I' deolare that his statement. affecting xne,was wU»« fully and deliberately false, for I* was not within, hundreds of miles of the place at the time. ~ ... A'iVi.jc\ :i ...- ■'.'■: ■!■■: ■■•■■ -->' *--^'