THE KELLY TRIAL.
THIRD DAY. BEECHWORTH, Monday.
The investigation into the charge of the murder of Constable Lonigan pre- ferred against Edward Kelly, was re- sumed at the police court before Mr. Foster. George Stevens, examined, deposed to a conversation he had with prisoner when he was bailed up with other per- sons at Younghusband's Station, prior to sticking up the Euroa Bank, in De- cember, 1878, wherein Kelly boasted that he had shot Lonigan through the head, and also Scanlan, and Kennedy. James Gloster, tbe hawker from whom the gang stole four suits of clothes and a revolver previous to con- fining him at Younghusband's at the same time, gave corroborative evidence as to conversations with Kelly, as did also a youth named Frank Becroft who was with Gloster at the time and was one of the persons bailed up. Mr. Gaunson subjected all three witnesses, whose evidence occupied all day, to a most severe cross-examination, and several times got highly excited when the Crown prosecutor interfered with him. The prisoner, who looked well in health, listened attentively to the state- ments of witnesses, and often a smile might be observed on his face when some particular passage was detailed ; otherwise, he displayed no concern whatever. The court adjourned at a quarter to 5 till 10 o'clock to-morrow. The interest in the proceedings has greatly diminished, but the attendance at the police court continues to be great. The sympathisers and friends have removed in a body to Greta, but Dick Hart returned to-day, and watched the proceedings with interest. On entering the court he immediately pushed his way forward, and was at once saluted in a most friendly manner by the prisoner. Ned Kelly's sweetheart, to whom, I understand, he was engaged to be married, made her appearance for the first time in the gallery to-day, and on the prisoner catching her eye, he boldly kissed his hand to her. She im- mediately returned the salute, and throughout the day these friendly in- terchanges were carried on, she oc- casionally varying the proceedings by waving her handkerchief to the out- law, who smiled again and kissed his hand. She is good-looking, elegant in her manner, quietly, but still well at- tired, and is staying at the Hibernian Hotel, where Mr. Gaunson and his brother are lodged. Ned Kelly has cooled down consider- ably since he has heard the crushing and conclusive evidence that has been brought against him, and his bravado is fast dwindling away. There were a large number of ladies in court to-day, and whenever Kelly caught them looking at him, he flushed up, and tried to smile and put on an expression of indifference that was far from genuine. On being removed from the dock some one said, "Why, Ned, the ladies were all laughing at you to-day," whereupon he replied, with a sigh, " Yes, but if they were in my position they would not have much to laugh at." It is difficult, until one becomes fami- liar with the gang and their movements to account for their taking to the bush. The statement of vengeance on the po- lice being the primary cause is alto- gether borne out by the following facts. They were, as is well known, engaged from childhood in the very questionable business of horse-stealing, and in their peregrinations, about the almost im- penetrable bush of these parts, they be- came familiar with a well connected family named Baumgarten, living at Barnawartha, on the Murray, who were not unwilling to trade with them. The leading members of this family were named Gustave and William Baumg- marten, and they were prosperous and well to do farmers. They received the horses from a man who they said was named Johnston, but who afterwards was discovered to be none other than the outlaw, Ned Kelly, and distributed them to three men, named Kennedy, Studders, and Cook. By some unac- countable means the police became aware of the transactions that were going on, and arrested the two Baum- gartens, Kennedy, Studders, and Cook, for horse-stealing from Mr. Whitty, near Greta. Mr. Zincke defended the prisoners at the trial, but Studders and Gustave Baumgarten were discharged, Cook and Kennedy sentenced to six, and W. Baumgarten to four years' im- prisonment. Mr. Purves was the coun- sel engaged, and, at the trial, asked the police to produce Edward Kelly, and said that it would soon be known who really stole the horses. The police identified the man, whcse name was given as Johnston, to be really Ned Kelly, and warrants were issued for his apprehension, with that of his brother Dan Kelly. They kept out of the way, and hearing that they were about, Fitz- patrick started out one day, without a warrant, to arrest the persons wanted. He was resisted, and shot in the wrist, and subsequently Mrs. Kelly, Skillian, and Williamson were tried and convicted of having at- tempted to murder him. The particu- lars are well known, and need not be repeated. When Mrs. Kelly was taken to the Melbourne Gaol, she suddenly threw her baby up in the air, and catch- ing it as she came down, exclaimed, " Thank God, they will get it for this." The assertion has been too truly carried out, and it is feared that the work has not yet ceased. With regard to the burning of Jones's hotel at Glenrowan, the fol- lowing facts have transpired. Senior- constable Johnson, having been autho- rised by Superintendent Sadleir 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 in the horses in the railway pad- dock. 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 perigrina- tion ; 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 recog- nised none of them. Certainly they were not policemen, and the conclusion is they were sympathisers waiting to as- sist 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 passed on down upon the hotel, and fired it in the way already fully des- cribed. This incident confirms the sus- picion or belief that was entertained that on the night at Glenrowan sym- pathisers were ready to fight with the gang. The witness Stephens, who was examined to-day, did duty with Con- stable Bracken at Glenrowan. They went out together two nights every week to watch Mrs. Skillian's house, and on the other five nights other con- stables performed this duty. Shortly before the gang were destroyed, Detec- tive Ward and three constables posted off from Beechworth one night for the the arrest of a horse-stealer, who, they, had reason to believe, was at Mrs. Byrne's house, near Sebastopol. When they arrived there, they went into a paddock, to examine horses. A rela- tive 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 sympa- thiser of the gang who armed himself, and was prepared to assist them. Two days after the Jerilderie affair, a well- known citizen of Beechworth was going home at half-past 11 o'clock at night, when he met two persons dressed in women'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 that one of them was Edward Kelly and the other Joe Byrne.