Trial of Ned Kelly.
BEECHWORTH, Saturday. CONTINUATION OF CONSTABLE M'INTYRE'S EVIDENCE.
THE lockup-keeper was not present when we went to the lock-up; Senior-constable Kelly was temporarily in charge ; there was a guard outside, but I do not know the name of the constable; he did not say anything to us ; senior-constable Kelly had the keys ; I need not have gone had I not liked to do so ; when we went in the prisoner was lying down ; he
was wounded in one of the arms ; he was sane seemingly ; constable Kelly was by my side, but not taking notes ; he did not produce the usual metallic note book ; he did not take any notes in the cell or in my sight ; I did not have any con- vensation with senior-constable Kelly after the intrerview with the prisoner ; senior constable Kelly did not tell me whether he had any notes of the inter- view ; I sleep in the police barracks here ; I slept there last night ; the night before I slept in the Beechworth gaol ; I wrote out my brief of the whole case and gave it to sub-inspector Kennedy ; I have spoken to senior constable Kelly in re- ference to the interview with the prisoner ; I told him what my evidence would be, and asked if it was correct; he said that it was ; there was another constable present during a portion of the interview with the prisoner, but during the other portion there was only senior constable
Kelly and myself ; I am aware that I am the principal witness in this case ; a number of newspaper reporters had free access to me, and I made statements to them while the facts were fresh in my memory ; I made my first report to Mansfield on the Sunday afternoon ; it was in writing, was either to Sub- inspector Pewtress or Superinendent Sadlier ; no one superintended my composition of the report ; I am not responsible for what appeared in the papers ; I believe I made statements correct ; I principally read the Age, as I am a poor man, and can't afford the Argus ; I believe I did read some of the earlier reports in the Argus; I believe by first report that I stated, or at least, I should have stated, that Ned Kelly shot constables Lonergan and Scanlan ; I have not seen the report for two years, and can't swear exactly to what I saw ; I was excited when I wrote it; I had never seen Kelly before the murders,but I knew him from his family likeness, from his mother and sisters, and also from the likeness ; I saw the photo- graph in Sergeant Kennedy's possession,, it was on a discharged prisoner's docu- ment from Pentridge; I swear I did not tell Kelly that I knew Fitzpatrick had perjured himself ; I did believe that the prisoner tried to shoot Fitzpatrick ; I remember seeing an Argus reporter at the depot a week after the murder, when I was in a state of nervous prostration ; I can't say whether I then stated that the photograph of Kelly, circulated by the police, is a capital likeness ; I do not know whether the police in Beechworth have any photographs of Kelly ; I have seen a number of photographs, purport- ing to be the photographs of the prisoner ; we went to the Wombat Ranges to arrest Edward Kelly for attempting to murder
constable Fitzpatrick, and Dan Kelly for aiding and abetting ; we borrowed some extra fire-arms, but all had our regulation revolvers ; we had no rations ; we did not take up a cannon on that occasion ; I had no warrant, but I can't swear whether any of the others had ; we ex- pected resistance, but not attack ; we left Mansfield about 5 o'clock on the Friday morning ; it was not then fully daylight ; we arrived where we camped that night ; Sergeant Kennedy told me there were some kangaroos down the creek, and asked me to have a shot at them ; I went, but returned without firing ; I was in this court during part of the trial of the prisoner's mother, his brother- in-law, and man named Williamson ; I
heard part of Fitzpatrick's evidence, and also heard that the three were sentenced to terms of imprisonment ; I saw Mrs. Kelly at the trial ; she had in infant at breast ; I did not hear at the Wombat that Mrs. Kelly and her infant were 12 months in the Melbourne gaol. There was a reward of £100 for the arrest and conviction of Edward Kelly when we went to the Wombat. We always carry revolvers when on duty ; if Kelly had resisted with firearms, I would shoot him ; if he was getting away, and was charged with murder, I would shoot him ; I do not know where Fitzpatrick is now : I believe he has been dismissed the police force ; did he possess the qualities of truthfulness, uprightness, and decency, I do not think he would have been dis- missed ; but even though he possessed these qualities, he might have been guilty of some indiscretion that procured his dismissal ; Fitzpatrick was the only witness on whose evidence Mrs Kelly, Skillion, and Williamson were convicted ; although Fitzpatrick has been dismissed, there has not been any pardon extended to these three ; we had sought very often for Dan Kelly between April and Oc- tober, 1878 ; there was a warrant out for him for horse stealing ; I know nothing about any information as to the whereabouts of the Kellys ; I simply accompanied sergeant Kennedy's party ; we were not in uniform ; we were in plain clothes — something as I dressed now ; we were not disguised as diggers ; we are neither afraid nor ashamed of our uniforms; I do not know whether there is any regulation enabling us to go about in plain clothes ; besides, I was simply acting under instructions of Sergeant Kennedy ; I daresay he was acting under the instructions of his superior officer; when we were first bailed up nothing was said about "We don't want to take life; we only want your arms;" after Lonergan was dead I had a conversation with Kelly. He said, "That b—— Filzpatrick is the cause of all this ;" I don't remember saying "I know that," but did say "You can't blame me ;" I will swear I did not say "I know that;" if anything was said about sergeant Steele giving evidence against the mother, it has escaped my memory ; sergeant Steele did give evidence at the time of the murders; I was as cool as I am now, and I can remember very well what oc- curred; I wrote it down to refresh my memory immediately after I got to Mel-
bourne; the moment after Kennedy got off his horse I mounted it and rode off ; as soon as I saw the horse abandoned I seized it and cleared ; the thought never entered my head until I saw the horse abandoned ; I have said that Kennedy smiled, and playfully tapped his revolver ; I don't know whether he smiled to me, as I was riding off ; I will not swear that Kennedy was not dead at the time I got on the horse ; I could not look round at that time ; not only was I anxious to escape, but had I looked round I would probably have rushed against some timber; I recollect I have sworn that Ned Kelly fired at Kennedy and missed him ; I cannot say whether there is a great kindness of feeling on the part of the police towards the prisoner ; I can't speak for other men; I have had con- versation with some of my comrades ; so far as I can recollect, I have not heard any express a desire to see him sentenced to death; Sergeant Steele has not ex- pressed any desire to me as to the sentence of death ; if we have had conversation it has escaped my memory. Mr. Gaunson concluded his cross-exami- nation with M'Intyre with the remark, "Well, sir, I'll leave you to the hands of a gentleman in the Supreme Court far more able to turn you inside out than I am." The court then adjourned for an hour for luncheon. In reply to his telegram to the Chief Secretary yesterday, Mr. D. Gaun- son had received a message from the Under Secretary, Mr. Odgers, stating that the Chief Secretary declined to vary the order of his predecessor at the present time. Consequently Mrs. Skillion has not been permitted to see Ned Kelly in private. Kelly is generally respectful in his demeanour ; he takes a scarlet lined opossum skin rug into the dock with him, and appears to be afraid of the least draught. When visited by Mr. Foster,
P.M., he said that he did not care whether he lived or died, but that he would like to save or serve some of his friends first, the inference being that he has a plant somewhere in the ranges, and would like to let it be known to his sisters. On resuming at 2 o'clock the court was crowded, and a number of Chinese were in the body of the court. The gallery was crowded by females. Constable McIntyre was recalled, and Mr. Smyth asked that the witness might be allowed a chair, as he had been very unwell during the last few days. M'Intyre said he was able to stand. Mr. Gaunson said that the witness had given a very complete narrative of the occurrences, but as there were discrepancies between his narrative in the witness-box and his published evidence by the papers, it would be necessary to call attention to these. McIntyre, in reply to Mr. Gaunson, said : I did state that Kelly said, "If you get the men to surrender, we will handcuff you for the night, and let you
go in the morning, but on foot, as we want yonr horses and arms ;" I do not think I ever said that Scanlon was dropped against a tree ; I was annoyed by re- porters ; they would suggest a question, and take anything for an answer ; I thought there was too much published in glorification of the Kellys, and intended in that way ; I had very little conversa- tion with any of the four men, excepting the one ; I have sworn to the conversa- tion between myself and the prisoner at the logs; it did not occupy more than a quarter of an hour, or thereabouts ; the party had four guns when they came up ; then there was my fowling-piece, which made five; my fowling piece was un- loaded, but was freshly loaded by Kelly and given to one of his mates in ex- change for a single-barrelled gun ; Kelly contented himself with two shots from guns at the time ; Dan Kelly carried a single-barrelled piece ; I was never con- cerned about my own safety at the time ; I now state I saw Kelly's piece was loaded with a common bullet; I saw him discharge the gun, and saw the smoke issuing from the barrel ; I swear I saw three of them firing: I think I heard about a dozen shots, but I cannot say exactly how many ; I believe Hart carried a double-barrelled gun, a common cheap one, and I heard him discharge it ; I do not know what they were firing at, and they might have been firing at parrots for all I know, but I believe they were firing at sergeant Kennedy; I was in front of Kennedy, who was about 20 yards from the men, and was close to him ; I could have shaken hands with him had I advanced a step or two ; the men were behind me, but I heard the report, and undertake to swear that they fired ; Byrne had an old fashioned gun, of very large bore ; I saw the prisoner cover Kennedy with the gun after he got it from Byrne, and heard the report — that was when he missed; Kelly had the gun I have de- scribed with string and sealing wax on it ; I heard all the guns discharged, but I cannot say whether they were loaded with ball or shot; I will not swear Kelly shot at Scanlon ; I saw him point the gun at Scanlon, and heard the shot ; I did not resolve to escape – if I could – until I saw Scanlon shot; Kennedy dismounted, and Scanlon was shot at the same moment; I could not distinguish between the time of these two occurrences ; It was my in- tention to get the men to surrender, but when I saw Scanlon shot, I determined to make my escape, if possible ; I saw Kennedy fired at, but sfter that I do not knnw who fired the shots I heard, or who they were fired at; have not seen any of these guns since. This concluded M'Intyre's evidence, the reading of which will occupy some time, but this was postponed in con- sequence of the witness not being well enough to listen to it. Samuel Reynolds, a legally qualified medical practitioner, residing at Mans- field, deposed: I was present at a magis- ierial inquiry on the body of Thomas Lonergan, and I had previously seen the body on the day before, about 3 o'clock in the morning, at Stringybark Creek ; I saw it lying on its back, but did not make a careful examination of it, simply satisfying myself that the man was dead ; I noticed a wound in the face; I made a post mortem examination on Lonergan on Tuesday morning (next day) ; I found four wounds, one on the left arm, one on the left thigh, one on the right temple,
and one on the inner side of the right eye ; I looked upon these wounds as bullet wounds; the worst wound was simply a plain hole through the left arm, between the shoulder and the elbow ; the bullet in the thigh had passed round under the skin to the inner side, where I found it and extracted it ; the wound on the temple I might describe as a graze ; the one through the eyeball I traced through the eyeball and into the brain ; I did not extract the bullet, but satisfied myself where it was, and arrived at the cause of death : from such a wound as this death would ensue in a very few seconds ; I know the last witness (M'In- tyre), who pointed out the body to me as that of Lonergan ; I also made a post mortem examination the body of con- stable Scnalon. To Mr. Gaunson : One wound was a mere graze ; it was a minor wound, and it was a supposition that il was a bullet wound ; the wound through the left arm would not cause death, nor would the bullet that travelled round the thigh ; the bullet through the eye was the only one that would cause death ; I did not extract this bullet ; I left it there. M'Intyre's evidence was then read over, and this occupied a considerable time. INCIDENTS IN COURT.
The reading over of M'Intyre's evi- dence occupied until 20 minutes past 4. Mr. Foster, P.M., before the deposition was signed, said that he thought, that as remarks had been made by Mr. Gaun- son as to the manner in which the wit- ness had given his evidence, it only just and right to say that, in his opinion, it had been given intelligently, fairly, and straightforwardly, as far as he had been able to judge. Mr. Gaunson observed that it was very unusual to make such statements, and in his opinion the wit- ness had not given his evidence in the manner stated by his Worship. Mr. Foser said that was a matter of opinion, but he thought it was his duty to state as much as he had. Mr. Smyth agreed with the views of his Worship. The court was then adjourned until 10 o'clock on Monday morning. Mr. M'Niece, the clerk of the court, was complimented by Mr. Smyth upon the manner in which he had taken the evidence. Constable M'Intyre's depositions occupied 80 sheets of foolscap. KELLY INTERVIEWED. BEECHWORTH, Monday, Ned Kelly has made some very im- portant statements to a reporter in Beechworth gaol yesterday. Reporter: " You have said you were hardly and unjustly treated by the police, and that you were hounded down by them. Can you explain what you mean." Kelly : "Yes ; I do not pretend that I have led a blameless life , or that one fault justifies another ; but the public in judging a case like mine should remember that the darkest life may have a bright side, and that after the worst has been said against a man he may, if he has told his story, in his own rough way, say what will perhaps lead them to reverse the bent of their thoughts against him and find as many excuses for him as he would plead for himself. For my own part I do not care one straw about my life nor for the result of the trial. I know very well, from the stories I have been told, of how I am spoken of — that the public at large execrate my name, the newspapers can't speak of me with that patient toleration generally ceded to men awaiting trial, and, according to the boast of British justice, to be innocent until they are proved to be guilty. But I don't mind, for I have outlived that care that carries public favour or dreads the public frown. Let the hand of the law strike me down if it will, but I ask that my story might be heard and considered, not that I wish to avert any decree the law may deem necessary to vindicate justice or win a word of pity from any one. If my life teaches the public that men are made mad by bad treatment, and if the police are taught that they may not exasperate to madness men they persecute and ill- treat, my life will not be entirely thrown away. People who live in large towns have no idea of the tyrannical conduct of the police in the country places removed from camp. They have no idea of hard- ship or the overbearing manner in which they (the police) execute their duty and abuse their prisoners." Reporter: "Can you give any instance of which you complain ?" Kelly : "I can, M'Intyre, in his evidence said I told him Lonergan had given me a hiding in Benalla ; it is not true that I ever said this to M'Intyre, but I will tell you what the real facts are, which probably M'Intyre may be acquainted with. Some time ago I had been drinking, and I think I was drugged. I wasin arrested for some trifling offence — riding over a footpath, I believe — and lodged in the lockup. On the following day, when I was taken out of the lockup, and still dazed, I escaped and was pur- sued by the police. I took refuge in a shoemaker's shop, and four constables soon came in after me. They, assisted by the owner of the shop, tried to put the handcuffs on me, but failed. In the struggle that ensued my trousers were almost torn off me. Finding me a more difficult man to manage than they ex- pected, Lonergan seized me in such a duel, cowardly, and disgusting manner that he inflicted terrible pain on me, but still I would not surrender. The act of Lonergan, which cannot be described, might have ruined me for life, if it did not actually kill me. While the struggle was still going on, a miller came in, and, seeing how I was being ill-treated, said the police sbould be ashamed of them- solves, and he endeavoured to pacify them, and induced me to be handcuffed. I allowed this man to put the handcuffs on me, though I refused to submit to the police. It may seem strange, but it is as true as I am here, from that time up to Lonergan's death I suffered excrciat- ing pain from his treatment, but from the day of his death until now I have been free from that pain and the ill effects I before experienced." Reporter : "That is one of the examples you give of an exasperating character of the harsh treat- ment indulged in by the police." Kelly : " It was in the course of this attempted arrest Fitzpatrick endeavoured to catch hold of me by the foot, and in the struggle
he tore the sole and heel of my boot clean off. With one well-directed blow, I sent him sprawling against the wall, and the staggering blow I then gave him partly accounts to me for his subsequent con- duct towards my family and myself." Reporter: "Now, Kelly, what is the real history of Fitzpatrick's business ; did he ever try to take liberties with yonr sister, Kate Kelly ?" "No, that is a foolish story ; if he or any other police- man tried to take liberties with my sister, Victoria would not hold him." Reporter: "Then what is the real story ?" Kelly : "I will tell you. I declare to you that I felt more keenly than I can express the unjust treatment meted out to my mother, who was arrested with a baby at her breast and convicted of a crime of which she was innocent." Reporter : "Tell me the whole story of that affair.'' Kelly : "I will. My mother, her son- in-law Skillion, and a man named Wil- liam Williamson, were tried October 28, 1878, at the Beechworth assizes, by Sir Redmond Barry, who sentenced my mother to three years, and Skillion and Williamson to six years each. William- son is not related to us ; he occupied land at Greta. The one witness of the alleged attempt at murder was constable Fitzpatrick, who has since been dis-
missed from the police force. His evi- dence, I declare, is foully false. On the 24th of October my mother, brother-in- law, and Williamson were sentenced, and the police started to arrest my brother Dan and me on the 25th October, or 18 days after my mother was sentenced. Now, the following is a true version of the affair. I think a warrant had been issued at Chiltern for Dan's arrest on a charge of horsestealing, of which he was quite innocent. Before this warrant could reach constable Fitzpatrick, he somehow became aware of it, and started out to Greta to arrest Dan. He got drinking at some place in the neigh- bourhood while he was watching for Dan to come home. He saw Dan outside the house, and said to him, '' Dan, I want you to come into town with me." "No," says Dan, "I don't care to go into town, I have no business with you." "Oh," said Fitzpatrick, "there in a warrant against you for horse stealing." "Very well," said Dan, "if that is the case I will go ; but I have just come in from a long ride, so let me have something to eat before I go." Thereupon the two went into my mother's place. Dan did not like to tell my mother, and Fitzpat- rick was silent, but after a little time he said he was going into town with Fitz- patrick, and my mother wanting to know what for, Fitzpatrick said, "There is a warrant out against him and I have arrested him." "Well," said Dan, "you have said so much about a warrant, show us your warrant." Fitzpatrick said, "I have got no warrant, but a telegram came saying there was a warrant out for you." "Well," said my mother, who was putting some fire on the oven in which she was baking, "I don't see why any man should be taken on the mere word of a policeman ; and, Dan, you need not go unless you like." Fitzpatrick at once drew his revolver, and covered my mother with it, saying, "I will blow your brains out if you interfere." My mother said to Fitzpatrick, "You would not be so ready to show that popgun of yours if Ned was here." Instantly, Dan, with the view of distracting his attention, cried out, "There is Ned coming along by the side of the house." Fitzpatrick at once fell into the ruse, and looked in the direction indicated by Dan, but I was not in fact within 200 miles of the place at the time. Directly Dan saw that his attention was taken off him, he rushed him, disarmed him, emptied his revolver, gave it him back, and let him go, not offering any violence whatever. A day of two after, my mother, Skillion, and Williamson, both of whom were not present on that occasion, were arrested on a charge of aiding and abetting an attempt by me to murder Fitzpatrick, and confined six months before they weret tried. In May, 1878, a reward of £100 was offered for my apprehension for this attempted murder. At the trial Fitz- patrick swore I shot him in the wrist, and he was afterwards compelled to sub- mit to the cutting out of the bullet ; I now know the position in which I stand, and now declare to God Fitzpatrick's statement is false from beginning to end. My version may be doubted, but there are one or two facts that help me. Fitzpatrick has been since dismissed from the force. Dr. Nicholson gare evidence that Fitz- patrick's wound might have been caused as stated by him, but that he had not probed the wound. Since the trial the doctor has told Fitzpatrick that his wound was never caused by a bullet. I believe Fitzpatrick, in order to give a colurr to his story and to relieve himself for his failure to arrest Dan, inflicted a mere flesh wound on his wrist, but whether it was so or not I declare that his statement affecting me was wilfully and deliberately false, for I was not within hundreds of miles of the place at the time. At the time my mother was arrested up to her sentence, Dan and myself kept out of the way, and were earning our living quietly by digging. As soon as my mother's convistion had been obtained in that way, the police evidently made a determined effort to earn the reward that I believe had been increased to £200. I am much indebted to apprehenders, but 1 firmly believe they only wanted the slightest pretext to shout my brother and myself." Reporter: "I have received a letter from a lady in Melbourne, who requests me to put this question to you ; ' Did you ever come to her house and ask to see her husband ;' because the lady writing the letter says she felt convinced, from the likeness she saw in the Sketcher, that a man identical in appearance with the likeness named called at her house some time ago and asked for her husband. At the time he called she says she and her daughter were both under the impression it was Ned Kelly." Kelly seemed greatly amused, and said he had never called there, and expressed a desire to see the Sketcher. This eveninig he took him the Sketcher to look at. Last night Mr. Gaunson read to him the Age report in yesterday's issue, in which he made careful and intelligent comments as
the reading proceeded, pointing out whatever passages he regarded as neces- sary for him to make remarks upon. He was evidently much gratified by the sight of a newspaper. He intently studied the picture which has appeared in the Sketcher, and said, "It's a mere fancy sketch of a bushman, and in no way like me." MELBOURNE, Monday. Ned Kelly has been making a number of statements about his career. For some time the gang lived in a house that was frequently covered with snow, and Kelly had to clear snow off the roof to prevent it from falling in. The conclu- sion is that at one time the gang lived either in the Buffalo or Bogong ranges. About four months ago, or at the end of the harvest season, two men were out opossum shooting three miles from Wan- garatta; one of them Smith, a carrier, and the other Morgan. As they were wandering through the bush near Three mile Creek, and in the vicinity of the house which is tenanted by relatives of the outlaw Hart, they saw two men ap- proach them from behind trees. Smith said to Morgan, "Let us see what this means," and they advanced on the men. They then saw that one of the men strongly resembled Dick Hart, and they, at first, in fact, concluded that he was that individual, and sang out, "What is the use of larking in this way ?" Two men then came out from behind the trees and bailed them up. Both carried fire- arms. One was then recognised as Steve Hart, the outlaw, and the other was a stranger, who was certainly not one of the outlaws. The stranger carried a rifle and two revolvers, and assisted Steve Hart to bail them up. Morgan and Smith and the others then went to Hart's house. There Dan Kelly was found washing his head and chest. Shortly after Byrne turned up, and a general conversation ensued. The circumstance of Morgan and Smith mistaking Steve for Dick Hart occasioned a laugh. A supper was pro- vided of steak and onions. The strange man stayed outside most of the evening, but eventually entered the house and re- ported that the captain was coming. Soon afterwards Ned Kelly arrived, and the company passed a jovial evening. Ned stated that he had missed his way, and had almost stumbled into the lion's mouth, for he stumbled upon a railway crossing where a gatekeeper lived. Mrs. Hart and her daughter were present. Morgan was a relative of the Harts, his mother and Mrs. Hart being sisters. There was another person present, a sym- pathiser, who was armed with two re- volvers, and who assisted in keeping Morgan and Smith in subjection. Smith was allowed to go at about 11 o'clock on account of his wife and family, but the sympathiser referred to made him first kneel down and swear that he would give no information to the police. They gave him two £5 notes, and firing a revolver over his head said that if he split on them he would be shot like that. Ned Kelly was asked who the strange man was. He replied that he was a man they had on trial as an associate, but one whom he did not think would suit. The gang left at 4 o'clock in the morning, and Mor- gan was kept under surveillance by the sympathisers for several days. The matter was not reported to the police until a month had elapsed. When it was reported, the gang and their friends sus- pected Morgan, and he having heard of this has not been seen since. From the above statement it will be seen that at one time there was a fifth member of the Kelly gang, and that a certain sympa- thiser was once acting with them, also armed. Something further will be heard of this in course of time. According to the information received about the man- ufacture of the armour used by the gang at Glenrowan, it was made in the vicinity of Greta. They tested it by firing balls at the inside of it with rifles, and the marks they made in this way are easily distinguished. THE TRIAL. The excitement evinced in Beechworth has abated considerably, but large crowds assemble to witness the arrival and de- parture of the prisoner, and the court is thronged throughout the day. Kelly's demeanour in the dock is of the game, jaunty, and impudent character, and while he evinces great interest in the proceed- ings, from time to time he surveys the gallery, which is crowded with ladies, and smiles. Mrs. Skillian, Hart, and Lloyd have occupied a first seat in the court from the outset, watching the proceedings intently, and occasionally exchanging signs with the prisoner. Once, when unobserved, Kelly took two unsealed letters from his breast pocket, and, par- tially opening them, showed the contents, something of a deep green color, like small valentines or Christmas cards, to Mrs. Skillian. She and her two male companions were watching, and nodded and smiled, as if they understood the meaning that was intended to be conveyed. POLICE PREPARE FOR MISCHIEF. Shortly after receiving the sign from the prisoner Mrs. Skillian, Hart, and Lloyd left for Wangaratta, where Kate Kelly and nearly all the sympathisers have betaken themselves. There is evidently mischief brewing, and the police are apprehensive of something being done before long. On the last occasion Kelly saw Mr. Zincke he asked as a special favor that a bush felt hat might be sent to him:, but althought the re- quest was not mentioned or complied with, Mrs. Skillian brought a hat of the description mentioned to the police on Thursday, but as it was thought to be intended for a sign it was not conveyed to the prisoner. Every possible effort is being made to obtain a private interview between Kelly and his friends and rel- latives, and recourse is being made to political influence for that purpose. There is no doubt at all that this anxiety arises from the fact that Kelly has valuable plant, somewhere in the ranges, the whereabouts of which he is anxious to disclose to his sisters without delay, for two reasons : the want of money and the possibility of something happening to the outlaw. The police are convinced that a plant exists, and, indeed, Kelly has stated that it will be found when it is all over. On the way to the gaol on Saturday Kelly said to one of the con-
stables, "You think you are very clever, but I am able to drop down dead at any moment," and, on seeing the gallows on entering the gaol, he said "What a pity that a fine fellow like Ned Kelly should be hung up there." Kelly has had a great down on Steel, principally owing to the fact that he is one of the best police in the district, and was so active in hunting down the gang, nothing more, and he threatens to be one with Steel yet. A number of persons saw Ned Kelly in the Beechworth township during the last four months, who were not aware of his identity till they saw him in the dock. Mr. Wertheim, the landlord of the Hibernian hotel, where Mr. Gaunson and the sympathisers are staying, declares that he saw Ned Kelly in his bar one night two months and a half ago and served him with a drink ; he was dis- guised, and after asking a few questions and looking about the place, went quietly away. The statement made some time ago by a Chinaman that he met the gang near the Buffalo ranges, and not only recognised Byrne, but had a conversation with him, has been verified to some ex- tent from statements made by Kelly in the gaol. It appears that the gang spent a good deal of their time during the last two years between Mount Stanley, about eight or nine miles from Beechworth, and the Buffalo Ranges and Bogong. When setting out for Jerilderie, the gang started from about Mount Stanley, crossed the Little River, went over the Buffalo, and ran down the Murray to opposite Jerilderie. People expressed great sur- prise that they were not visited by the gang. There is a tolerably large town called Stanley in ths ranges, and a branch of the Oriental Bank there doing a large business. When it was feared that the gang intended to pay the place a visit five policemen were removed there, and the notes were taken from the bank to Beechworth, with the exception of a small amount necessary to carry on business from day to day. The man who made the armour is known to the police, as also another sympathiser, who made the boots of the gang, and who is now here watch- ing the trial. The gang obtained their provisions and other supplies chiefly from Stanley and other towns round Beech- worth. Kelly has stated that he fre- quently had to get up two or three times during the night, when sleeping in the mountains, and remove the snow from the hut in which the gang slept, as it fell in such large quantities that he feared its weight would bear in the roof. BEECHWORTH, Tuesday. On resuming the trial yesterday morn- ing a groom, named George Stevens, was first called. He was at Younghus- band's station when it was stuck up. He deposed to conversations with the prisoner. A draper, residing at Seymour, named James Gloster, repeated Ned Kelly's conversation with him, when he was stuck up, respecting Kennedy's death. Gloster stated that Kelly told witness he shot sergeant Kennedy in a stand-up fight, and when Kennedy was wounded he shot him to put him out of his misery. Mr. Gaunson then proceeded in cross- examining Gloster. The witness stated : This was not the first occasion I had been stuck-up. I was stuck-up by a man whose name was unknown, and once by a man named Daly. The former has never been brought to justice. Daly shot me through the shoulder and through the face. He did not rob me at the Faithful Creek Station. I asked if Daly was with the gang. I do not say that I have given the prisoner's statements in his own exact words, but simply as near as I can remember. Others could have heard our conversations. Stevens could have heard them, if he was not asleep. Several of the prisoners fell asleep. I don't know whether Stevens slept or not. There was no violence offered by the prisoner after he had calmer down. Pri- soner threatened to shoot several of us. After I gave in I was treated with the greatest kindness. I had about £10 in my pocket, and my cart was filled with drapery goods. He did not offer to take any portion of my money, nor did any of his mates. Some of the prisoners offered him small sums of money, which he returned to them. One offered him a half-sovereign, which he declined. When I was first told that the Kellys were at the station, I thought it was a joke, and when I refused to return to the kitchen, M'Auley followed me, and said I was a fool — that were I any other man I would be shot. When my revolver was de- manded the prisoner directed me to place it on a box in the cart. I did so, and he picked it up. It was a six-shooter. It was when I was when I was sitting at supper that the handcuffs were shown me, and it was then that the prisoner said I would receive no harm if I kept a civil tongue in my mouth. The prisoners in the store were detained there the whole night and the whole of the next day, and up to 8 o'clock the next morning. The prisoner was with us the whole of the first night, talking about various subjects. When the police murders were referred to we spoke about them as the shooting of the police, and never used the word murders. I did not care for calling them murders whilst a revolver was staring me in the face. My impression was that prisoner took to talking himself about the shoot- ing of the police in order to screen his mates. He seemed desirous of impress- ing upon us the idea that the police party intended to shoot them, I can't say that he impressed me that he held that belief himself, or that he did not ; there was no drink amongst us in the storeroom. About a week after the Eurora affair, I wrote an account of my experiences at detective Ward's request, and sent it to him. I have not seen that statement since. I have had an interview with sub-inspector Kennedly with regard to the case. Mr. Kennedy asked me what I had got to say, and took down what I said. I applied for a copy of my first statement, but did not get it. I will not swear that I did not make the statement that Kennedy was shot by Kelly when in a dying state in the report I gave to Detective Ward. At Younghusband's station, the prisoner's conversation was full of complaints about the police. I understood him to mean that when once a man offended, although he had suffered
for his offence, the police would never leave him alone. He complained that his mother had been sentenced to three years' imprisonment on the evidence of constable Fitzpatrick, whose testimony was perjury. He also said his mother had seen better days, had struggled up with a large family, and that he fely very keenly her being sent to gaol with a baby at her breast on the perjured statements of constable Fitzpatrick, [Mr. Smyth : And I suppose that was his justification for shooting Fitzpatrick. Mr. Gaunson : Well, you and I have never been placed in the same position.] Witness re- sumed : Prisoner also said that he was 200 miles away when the attempt to murder Fitzpatrick took place, and that whilst he was 200 miles away Fitzpatrick swore that it was he who shot at him. To Mr. Smyth : It is eight or nine years since Daly stuck me up, and he had regained his liberty before the Euroa affair. The impression the prisoner left on my mind was that he shot the police through revengeful feelings. He also said that if his mother was not released he would overturn a railway train. [Mr. Smyth: Well, we know what he did in that way.] Witness continued: I have no doubt that the prisoner told me that he shot Kennedy, although the conversa- tion took place two years ago. Frank Beecroft deposed : In December, 1878, I was in Mr. Gloster's employment ; on the 9th of that month we were stuck up by the Kelly gang at Younghusband's station ; we were locked up in the store room with 15 or 16 other persons ; the prisoner kept guard over us in the room during the night ; the prisoner talked a good deal ; he told us all about the murder of the police in the Wombat Ranges ; he said, "We came upon the police ; two of them were constables M'Intyre and Lonergan ; there were by the camp, andi we called upon them to surrender ; M'Intyre threw up his hands and Lonergan ran for a log ; Lonergan got behind the log, and was firing at me, when I fired at him and shot him in the head ;" he also said the man was a fool for running away ; he then said that when Kennedy and Scanlan came up he called upon them to surrender; that Scanlan tried to fire at him with his gun, and that he then shot him on his horse ; he also said that whilst watching Kennedy and Scanlan, and thinking the latter was shamming, M'Intyre escaped; but Kennedy fired at him from tree to tree until he ran out into an open piece of ground and held up his hands ; that he (the prisoner) thought Kennedy was going to fire again, and that he therefore fired again at Kennedy, who then fell ; that he said to Kennedy, "I will have to go, and as I don't want to leave you in a dying state, I will have to shoot you;" that Kennedy asked to be allowed to live, but that he (Kelly) shot him dead and covered him up with a cloak ; the prisoner had a rifle at Euroa — a Spencer rifle, which he said he took from Scanlan ; he showed us how to load and unload it at the stock; towards morning I fell asleep. Cross-examined by Mr. Gaunson : I am 20 years of age, and my parents live at Longwood ; I have been two years in Mr. Gloster's employ, and am still in his service; Mr. Gloster told me he had written an account of the affair, but it was never shown or read to me; Constable M 'Quirk interviewed me at Euroa, about a month ago; Mr. Gloster was not present ; I wrote a state- ment myself ; Mr. Gloster told me what he conld say ; I told what I could say ; I never agreed with Mr. Gloster about anything ; I wrote out my statement at detective Ward's request and sent it to him ; Mr. Gloster has asked me to remember Kelly's staement about the death of sergeant Kennedy ; I cannot say that on the occasion when Mr. Gloster and talked about the Kellys, we compared our recollections ; when Kelly's name cropped up we generally spoke about what took place at the station ; we never placed our statement on the matter side by side ; I cannot remember Mr. Gloster ever having asked me "Do you recollect what Kelly told us about shooting Kennedy on the ground," but I cannot state positively that he has never asked me such a question ; Mr; Gloster was present when I was inter- viewed last week by sub-inspector Ken- nedy. The court was adjourned at 3 o'clock until 10 this morning. The Chief Secretary still refuses to allow the prisoner to communicate with his friends, and the police authorities suspect that an attempt will be made to hand the outlaw poison or some deadly weapon.— Evening News. OTHER PARTICULARS. MELBOURNE, Monday. The probability that some relatives or sympathisers of the gang will attempt to hand Ned Kelly some means of evading the gallows is so great that the strictest precaution has to be exercised, and the only chance he has at present of obtain- ing poison or some deadly weapon is when in the dock, but it is so constructed, being built up against the wall of the Court-house, that no one can approach it unseen. Dick Hart appeared in Court again to-day, and when the prisoner observed him they smiled in a peculiar way to each other. The prisoner also behaved in a singular manner towards a young woman in the gallery, threw kisses to her in a half-reserved sort of way, and she responded at times when she seemed to think no one was noticing. The girl turned out to be an old sweetheart of the outlaw. When Ned was being conveyed back to gaol this afternoon he was very dull, and scarcely spoke at all. One of the officers in charge remarked, that they observed the girls smiling at him in court, and he replied, "If they were in my position they would not smile much." It must be said, however, that he eyed a number of ladies who were accommodated near the Bench in a most persistent manner, and that when be caused them to look away from him, he turned round his head and smiled himself. There are a good many witnesses to be examined yet. Eight or nine, including Mr. Scott, managert of the bank at Euroa ; the ac- countant of the bank at Jerilderle, ser- geant Steel, senior-constable Kelly, and constable McQuirk. When the case of Lonergan's murder is finished, it is the
intenrion of the prosecution to proceed with that of the murder of Scanlan, and the evidence now given will have to be repeated. With regard to the burning of Jones's Hotel at Glenrowan, the following facts have transpired :— Senior-constable John- son having been authorised by Superin- tendent Sadlier to fire the house, went and obtained a bundle of straw and a bottle of kerosene; he then pretended to the people about the railway station that he was going to feed the horses in the railway paddock ; he accordingly went down in that direction, entered the bush, and made a detour round to the other side or end of the hotel. In his peri- grination, and when passing round the other side of the rise, beyond the hotel, he came across four men fully armed with guns and revolvers. He recognized none of them. Certainly they were not police- men, and the conclusion is that they were sympthisers waiting to assist the gang. Johnson saw at once that they were not friends, so he put the evasive question to them, "Did you see two horses, a grey and a brown, pass here recently ?" They replied in a surly manner that they had not, and he passned on down to the hotel, annd fired it in the way fully described. ' This incident confirms the suspicion or belief that on the night of the fight at Glenrowan, sympathisers were ready to fight on the side of the gang. The witness Stevens, who was exam- ined to-day, did duty with constable Brancken at Glenrowan. They went out together two nights every week to watch Mrs. Skillian's house, and on the other five nights other constables performed that duty. Shortly before the gang was destroyed, Detective Ward and three constables posted off from Beechworth one night for the arrest of a horse-stealer whom they had reason to believe was at Mrs. Byrne's house, near Sebastopol ; when they arrived thre thy went into a paddock to examine horses there ; a relative of the gang has stated to a friend "I was there armed, and I kept the police covered with a gun the whole time. The Kelly gang were all about the house, but they reserved themselves, because they did not want to shoot Ward." Here, then, is a third sympathiser of the gang who armed himself, and was prepared to assist them. Two days after the Jeril- derie affair a well known citizen of Beech- worth was going home at half-past 11 o'clock at night when he met two persons dressed in woman's clothes in Finch- street. They asked him the direction of certain streets, and passed on. He gave them the information they desired, but at the same time he recognised one of them as Edward Kelly and the other Joe Byrne.— S.M. Herald.