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CONSTABLE M'INTYEE'S EVIDENCE. ?
Constable M'lntyre was then called. , Before this, on the application of Mr. Gaunson, all witnesses had been ordered out of lie court. M'lntyre stated that on the 25th of Ootober, 18J S, he, with ConstableB Lonargan and Scanlan, under charge of Sergeant Kunnudy, proceeded to the Wombat Kanges in search of Edward and Daniel Kelly, the former of -whom was now in the -Lock, warrants being issued for their arrest. They camped at the Wombat Kansas on an open about an acre or two in extent. Lonergan and Scanlan and himself were urmed v.'ith revolvers each, and a double barrelled fowling piece. Nothing occurred that duy. In the morning, about C o'clock, Kennedy and Scanlan loft the camp, ^aud during the day witness was en gaged in riffeinfr up a cninp, while Loner
gan was looking aftoer the horses and reading a book. In the course of the day Loner gan called the attention of witness to a noise, and witness went to see w.'aat it was. He thought it was a wombat, but could not find out, and, darinir the time ha was absent, ho fired several shots from his fowling piece. After he went back he and Lonergan made a big fire for the purpose of guiding Kenjedy and Scanlan home in case they got bushed. It was about 20 yards from the tent, ond they had to carry the wood some distance, but about 10 minutes to 5 o'clock witness went to tbo tent and gQt a billy of tea. After this was made Lonergan was standing on the opposite side of the file, when witness sud denly heard some voicas oilling ant, ' Bail up. Hold up your hands.' Ha quickly turned round, and saw four men, each armed with guns, aud each gun pointing' in the .direction of Iionergan or himself. He noticed the man on the right 61 tlio patty particularly, ami saw that Bis weapon was in a fair line for his.(jwitness's) chest. M'lntyre continued : As soon us I Baw this I put my arms out horizontally. I was unarmed at the time. Immediately afterwords I saw the same ro&n I had noticed change the- direction of his. gun and fire. He fired at Lottorgan, who was then about 10 or 12 feet from me. 1 heard Loner gan fall immediately after the shot. He had gone about faur or five steps before he .fell. I then heard him breathing heavily and strenuously. The man to the right of the four men was the prisoner before the court. At the rime he fired the shot the other men were in n line with him, and about two or three yjrds apart. As soon as Lonergau fell the prisoner threw his gun into his left hand, put his right hand behind his back, and pulled out a. revolver, und cried to me, ' Koep your hands np— keep them up.' I was unarmed, my revolver and fowKng-pioca being in the tent. After the prisoner drew the revolver, ho and three others rushed up to where I was standing, and Btood at & distance of about three yards from aia; the three others covered my chest|mth guns, and the prisoner with a revolver. £ k«rpt my bands np all the time. The Drisoner said to me, ' Have TOU any firearms? I replied 'I have not.'
Before this, Lonergan had been struggling on the grass, plunging on the ground very heavily ; but about this time he ?ceased to breathe. Lonorgan was about 10 yards from me at the time, and the prisoner ?was also the same distance from bin. I. leard Lonergan say, 'Oh, Christ, I'm shot.' The prisoner was within hearing distance. Lonergan leased struggling in about half a minute. A few minutes after I saw Lonergan stretched out and motionleBa. I saw him dead before I left When the prisoner asked me if I had nny firearms I said, 'I had not.' He then asked, 'Where is your Tevolyer.' I eaid, ' At the tent.' He-saidtobis juates, ' Keep him covered, lads,' aud searched ine for firearms. They did keep me covered. In, searching me, he passed his hand under my ooa* and down my trousers, bat did not find anything. He then jumped across the log to where ionergan was lying.. He remained Biray a piomenfcaniioaine back with Jjcrcergaii's xavplvei in Mb bond. I -was under cover of three other tnen all the time: 'When prisoner came back: he eaXi!' What a pity that mun triad to get away i' One of1 the ' others said that ' he was a pludky fellow ; did you nee how Tie caught at his re -volverl'' It was. Daniel Kelly who said this. Be moved his right hand spasmodically at his Revolver at the time. The prisoner then went diver to the tent, and the othcrthree lowered their fitfaarnurwhwn prisoner came back from the body of 'Xraergan, but still nod them pointed in the .direction of -me. When the prisoner came bock from tVie tent, he had my revolver, which had been hanginx? up in the tent. He told his1 mates then to lstNpia go. I remained standing where I was, and the others went ov«r to the tent. They all \vent into the tent, and the prisoner s brother. Di.\niel Kelly, came back with a pair of handcuffs. Sesaid, 'Wo-will put these upon the ? ?' (inferring to the handcuffs). I appealed to lhi- prisoner, saying, ' What is the use of putting tl.vse on me , how can I get away while you are all t*med the way you are?' He said to Daniel Kelly.. ' AJ1 right, don't pat them ons this (tapping hiBiiKe) is better than hand cuffs. Don't try and \-o fl.vay, because if you do I'll shoot yon, if I hao' tostrack jou to the police station and shoot you th^reV' Daniel Kelly said tothis: 'Theb ? ? wo iijd soon put them on us if thev had us.' Tb.8mrhol-? flf theni then went
to the tent, leaving me near tiH-fire; and they called me over to the t-=-rt. * knew Edwti-d and Daniel KeEy from tbe*'photograph» and descriptions I had. I did no.*' toow the other two. When 1' ijot to the tent pn vmor was Bitting down, with -?? gun ncroes his knee, «od the others were in the tent. The prisonei' WJd, ' That is a d ? d carious old gun for a m V» to carry about the country with him.' I t.^j 'Perhaps it is better than it looks.' lhe piV soner replied, ' You might say that. I'll back it agaiust any eun iu the country. I can shoot1 a kangaroo at 100 yards every shot with it.' It was au old fihot-bnn-ellec' (run. From its appear once I took it to bo ft rifle. The stock and the barrel wcro tied together with a waxed string for) about 3in or 4in from the lock. Pri-. eoner said, *? Who's ? that over there ? ' ond
bit muved in the - direction of Lonergan. Ifsaid that it was Lonergan. He eaid,' No, that is Hot Lonergan ; I know Lonergss waU.' I said, * It is Lonergan t' H« replied, ' I »m glad of that, for the b ? gave ma a hiding in BenaUa 'once.' Daniel Kolly said, ' Well, thai b ? will never lijok any more of vis «p.' Neither of the other tiro said anything about Lonercran. I kave since so en the dead body of Joseph Byrne, and identified it as one of the four. I had made some tea, anil Byrne, taking a. pannikin, said, 'Here, mute, h ave a drink of tea.' This was before they tasted it. I drank some, and then they took some, but befiore they -Ud so the prisoner said, ' Is there any poison about him?' I said, 'No; why should we have poison.' While the other three were having something to eat and some tea, the prisoner took oar fowling pieces, and drew the charges, which were cartridges. Tbe fowling piece was a breechloader, with two car tridges, and after taking out the shot replaced it 'with bullets, -which he took from his trousers poefcet. Having reloaded in this manner, he banded the gun to Byrne, and said, ' Here, you take this, give me yours.' Byrne's gun was sot riiled. Prisoner said, referring to his own gun, ' There is oue of these for you, if you do hot obey me.' He hud two guns at the time. He said to me, ' Do you smoke, mate i' I said ' Ycb,' and
ho replied, 'Well, light your pipe and. have* smoke.' Byrne smoked, and prisoner also asked me for tobacco. All this tosk from 10 to 15 minutes. They kept possessioa of the guns all this time. At the end of this time tbe prisoner e&id, 'That will do, tafc» your places lads.' The prisoner w«nt over to the trees, concealing himself, and taking the two guns with him. Hart remained in the tent, and Byrne and Dan Kelly west into a quantity of Bpear grass, about five feet high, growing to the south of. the open, und that was ths place they first appeared from. I lost sight of Dan Kelly and Byrne in Jthe epear grass. I waB left at the tent at first, but immediately after the prisoner had concealed himself behind the logs near the fire, he called me over to. the opposite side of the log 'where he was concealed, and swd,' You stand there !'' I went to the place he indicated. The log was betwenn us at the time, and was about three, feet thick. Prisoner was completely con cealed at the time, and I was standing in the open. He was armtd with two guns *and a revolver, and I was unainied. Prisoner had a con venation with me at that time commencing — ' 'Wh.o'Bhowedyou this olftce ?' I replied, ' No one showed it to us ; it is wall known to all the people in Beecbwortb.' He said, ' How did you comehere I*' I said, '.We crossed Hol land's Creek, and followed the blazed line.' He next asked, ' Who are you, and what brought you here?' 1 answered,' You know quite well who we are.' He said, ' I suppose you came after me ?' I Bald, ' No, I don't know that we did come after you.' He asked, ' Well, you came after Ned Kelly, I suppose f' I said, ' We did come after Nea Kolly.' He said, ' You b ? come to shoot me, I suppose.' I said, ' Weeame to apprehend, not shoot you.' He then asked, ' Then why did you bring bo many firearmB and bo much amuiuaition. To this I replied that 'We only brought themtQshootkangurooF.'
lie asBeu, ' wno was mat snooting aowii iu« creek to-day?' I told him I had been shooting at parrots, and he said it was very strange ; did we not know they wera there ? I said, ' No ; we thought they were 10 miles away,' at the sause time pointing in the direction of Greta. Prior to this he had said to me, ' Where are the others?' and I replied that they were out. He then asked me whether they would be back thrvt night, and I said I did not think so, I was afraid they had got bushed. Prisoner inquired in what direction they nod gone, and I pointed to the north-west, in the direction of Benalla. Prisoner said, ??That ia very strange,; thoy may never come backj but there , is, a good man down the creek, and if they fall in with him you will never see them again.'.' He then asked the names and stations of the two men away. I told him. Ser geant Kennedy, of Mansfield, und constable Scanlan, of Benalla. He said, ' I have never seen or hoard of Kennedy, but believe that Scan lan was a nosh. t- ? .' I asked what he in tended doing with them, saying 'Surely he- did not intend to shoot them in cold blood.' He said he liked a game man, and would never shoot a man who surrendered. I said, ' Are you going to shoot me?'- SeBaid'No, I could have Bhot yon easily an hour ago, when you were sittingon that log,' at thesiimetime.pointingtowherelhivd been sitting. Some time previously he also said, 'At first I thought you were Flood, but it is. a good jo*J you are not, for if you were, I would not shoot you, but would toast yon on' that fire. There are four men in the police force I wonld roast; they are Fitzpatrick, -Flood, Strachan, and Steele. Flood has been blowing that he would take me ?ingle-handed.' He asked me bow the men were armed. . I told him very meagrely, and be asked what I meant by that, andfuidtbey got their revolvers? I told him they bad ; and he asked then if they had not got a rifle. I hesitated at tbe moment, and Kelly said, ' 'Now, tall the truth; because if I find yon out in a lie, I will put a hole through yon.' I then told them that the men had a rifle, and they acked if it was not a breeohloader. I said it was; and he replied, ' That looks its it you came out to shoot nip.' I told him we were not sent out to Bboot people, and he oould not blame men because they were sent out to do a certain duty. He asked, ' Do you know what became of the Sydney man.' I replied that he was shot by She Dolico. I knew that be referred to the case
of sergeant Waitings. He said: 'Yes, and if the police Bhot him, thoy shot the wrong man. I suppose some of you b ? will - be shooting me gome day, but 'i'H give yon some trouble before »pu do. At this stage the police magistrate intimated. that he would adjourn the court until jfp o'clock next morning, ; which was. accordingly done. Air. Gaunson made a formal application tha$£he prisoner's .sister \ t;e allowed to see him, and; said that the bench had no right to give any attention to the informal orders of too Chief Secre tary. Mr. PoBter eaid that he wonld see Mr. Gaun son later in the evening on the subject. Subse quently Mr. Gauneon had an interview with Mr. Fester, and renewed the application for Mrs. Skillion'e admittance to the gaol to see her brother, but thepolioe magistrate declined to permit the visit, whereupon Mr. Gaunson tele graphed to the Chief Secretary.