NED KELLY BROUGHT TO
DEATH OF THE WOUNDED BOY
The excitement that was created in Mel- bourne by the intelligence of the latest out-
rage of the Kelly gang, and of their capture at Glenrowan, was intensified yesterday when it became known that Edward Kelly, the one survivor of the band of desperadoes, was on his way to Melbourne. Crowds of persons collected at the newspaper offices and at street corners, eager for further information. Rumours of a conflicting nature were in circulation, some affirming that Edward Kelly had succumbed to the injuries re- ceived in the last affray at Glenrowan. It soon became known, however, that the authorities had made arrangements for bring- ing him to town yesterday, and the utmost curiosity was manifested as to the pro- bable time of his arrival in town. It was understood that he would be brought down by a special train, to arrive shortly after the ordinary mid-
day train. In the anticipation of obtaining a view of the notorious bushranger, a large number of persons assembled at the Spencer- street station, and it was found necessary to bring the barricades used on occasions of unusually heavy traffic into use in order to keep the people clear of the trains. A goodly number of people also went to the Essendon station, believing that the prisoner would be removed from the train there, and taken as quietly as possible to the Melbourne gaol. At the North Melbourne station, which had been selected as on the whole the most convenient place for taking him out of the train, several hundreds of people had assembled to await the arrival of the train from Wodonga.
Shortly before 2 o'clock the ordinary train arrived at North Melbourne, and the pas- sengers soon informed the excited crowd that Kelly was in the van of the train. Despite all the efforts of the police and the railway officials, who had been extremely reticent, and had adopted every precaution to pre- vent a crush at the station, the crowd interfered to some extent with the officers. The platform was rushed, and the crowd tried every means of obtaining a glimpse of the prisoner. Kelly was in charge of Senior- constable Walsh, Senior-constable Coghlan, and Constables Griffin, Bunker, and Waldron. Dr. Charles Ryan also travelled in the van in order to give Kelly the medical attention he required. Dr. Ryan was unremitting in his attention to his patient during the long journey. On the arrival at North Melbourne station, Inspector Montford took charge of Kelly, who was placed on a stretcher, and lifted into a waggonette in waiting for him. His removal was to some extent impeded by the crowd which pressed round the van,
and was with difficulty kept back. The patient lay perfectly helpless. His face wore a wan appearance indicative of prostra- tion, and his hands and feet were bound up. Although he looked at the crowd with
some interest, all the look of bravado had gone. There was no demonstration of any sort made by the crowd although the female section expressed commiseration for the worn-out, broken-down, and dejected ap- pearance of one who had become known to them as a man of reckless bravery and of great endurance.
The waggonette was rapidly driven by a direct course to the Melbourne Gaol. Along the route numbers of men, women, and children rushed out from factories, shops, and private residences, and followed the waggonette, eager to obtain a glance at the prisoner. At the Gaol 600 or 700 persons had assembled. The waggonette drove up at a brisk pace, and was taken into the gaol-yard before the people had time to obtain even as much as a glimpse at it. As it entered the gaol-yard, three cheers were called for, and mildly responded to by the crowd, but the manner in which they were called for and given left it a matter of doubt whether they were intended as a recognition of the success of the police officers, who drove up behind their captive, or as a manifestation partly of sympathy with and partly of recognition of the prisoner's reckless daring. When safely lodged within the gaol walls, the prisoner was given over into the hands of the governor, Mr. Castieau, who had him immediately removed to the gaol hospital. Dr. Shields, of Hotham, the health officer for the gaol, was sent for, and was soon in attendance. He found the patient to be in a feverish state. A wound on the left foot showed that a bullet had passed through it. In the right arm there were two serious wounds, which had been caused by a bullet going right through the fleshy part of the lower arm. The right hand was seriously injured, and in the right leg there were found no less than eight or nine slug-shots. Dr. Ryan was also in attendance, and the opinion of both medical gentlemen was that Kelly would in all probability recover from his injuries, serious as they were, and not-
withstanding the despondency and loss of spirit shown by the prisoner, who has never concealed the fact that he would rather die in any way than allow the law to take its course. During the afternoon the prisoner's condition improved, and he became more communicative than at the time of his de- parture from Glenrowan. Almost im-
mediately after his admission to the gaol, Kelly was visited by the Rev. J. P. Aylward, who had a short inter- view with him. Upon that rev. gentleman devolved the duty of conveying to Kelly's mother, who is undergoing her sentence in the same gaol, the first intimation of the de- struction of the gang of the death of Dan Kelly and Hart, and of the capture and re- moval to Melbourne of Edward Kelly. On the journey to Melbourne and after his ar- rival Kelly conversed tolerably freely at times with those round him, but divulged little that was new with regard to the proceedings or intentions of his gang. He was specially re- served in his references to his late mates, and as a rule declined to say anything about them. In reply to a question as to whether he had on any previous occasion been in Mel- bourne, he said that he must decline to answer it. He stated that the police had taken the gang unawares, and that find- ing that the police had discovered their whereabouts through the murder of Sherritt, the attempt to upset the special train was had recourse to as a desperate last resource. Kelly spoke frequently of his deter- mination to bring the black trackers to grief, and alluded to that as one strong motive for the act in question. At a late hour last evening Kelly was progressing favourably, and his medical attendants considered him out of
Superintendent Hare returned to town by the train in which Kelly was brought, which
was, as previously stated, an ordinary pas- senger train, and brought down a very large
number of passengers. The superintendent proceeded direct to Spencer-street. The large crowd, which had gathered there in anticipation of seeing Kelly himself, soon re-
cognised Mr. Hare, and cheers were given for him with enthusiasm as he alighted from the train. He was in a weak state, having suffered from great loss of blood through the wound in his wrist, which proved to be much more serious than was at first thought. Fears were entertained that amputation of
the left arm would be necessary, but Dr. Ryan, who was attending him, held out strong hopes of the hand being healed without serious permanent injury. Superintendent Hare, immediately on his arrival in town, proceeded to his residence at Richmond, and was in an improved state of health last night, though still weak.
Edward Kelly now awaits his trial for the series of outrages by which he and his late companions attained their notoriety. He has been brought to Mel- bourne on a remand warrant requiring him to appear before the Central Criminal Court at its sittings commencing on the 5th prox. It is very doubtful, however, whether, even if his recovery be assured, his condition will permit of his removal from the gaol hospital for some time to come, and it is probable that his trial will have to be postponed.
DR. CHAS. RYAN'S STATEMENT.
"I came down in the same van as Ned Kelly. He spoke very little, and seemed like a man in a trance, and glared at any strangers he saw. He had had no sleep all the previous night. Most men wounded as he was would have been far more prostrated than he was, but he has a splendid constitution. More- over, his body looked as if it had been well nourished. When I asked him if he had been pretty well fed, he said he had, but he did not add where he had got the food. I expected to find him, after the life he had been leading, very dirty ; but his skin was as clean as if he had just come out of a Turkish bath. I attended to his wounds, and now and then gave him some brandy and water. He seemed grateful, but gave me the idea that he wished to die. Of course in attending to his wounds, I gave him temporary pain, but he never complained in the least. His wounds would not be likely to prove mortal in an ordinary case, where the patient had as strong a constitution ; but the prisoner is likewise suffering from a severe mental shock, and moreover wants to die. That must be borne in mind when considering his chances of recovery. Under ordinary circumstances a strong man with such wounds might be expected to be
able to walk about—not to run about, and
not to have the free use of his limbs—in some two months' time. With regard to his wounds, his left arm is pierced by two bullet-holes, one above and one below the elbow. I feel confident that both wounds were caused by one bullet, which, entering below the elbow while the arm was bent, passed also through the arm above the elbow. When I asked him if his arm was bent at the time he received that wound, he said it was. There are also two slug wounds in the right hand, and seven slug wounds in the right leg. One of the slugs I got out. I don't think the wound in the right groin is very dangerous. There is a nasty wound in the ball of the big toe of the right foot. I saw him last at 5 o'clock p.m. in the gaol. He seemed better then than during the journey down, and much less feverish. In the tram his pulse was 125, but at the gaol it was only 114.
He told me he didn't think that his brother and Hart shot themselves, because they
were "two—cowards," and hadn't enough pluck to kill themselves. He said that Byrne was plucky enough. The prisoner's breath smelt as if he had been drinking very bad liquor. Superintendent Hare is getting on very well. His wound is a very nasty one, and seems to have been caused by a conical bullet, revolving at a very rapid rate. The bones of the left wrist are very much shat- tered, and some portion of them has been ground to powder by the bullet. Still, I don't think amputation will be necessary.
He will probably be able to use his left hand in time, but there will be a stiffness in it, par-
ticularly in the thumb.
THE OFFICIAL MEDICAL REPORT.
The following is the medical report on the condition of Ned Kelly by Dr. A.
"The prisoner Kelly was rather feverish on admission to the gaol hospital, the tem- perature being 102deg. and the pulse quick. Kelly is a tall, muscular, well formed man, in good condition, and has evidently not suffered in health from his late mode of life. The principal injuries are, first, a severe bullet wound near the left elbow. There are two openings, one above, the other below, the joint, the two apertures having probably been caused by the bullet traversing the arm when bent. The right hand has been injured near the root of the thumb, and from this I removed one large slug shot. In the right thigh and leg there are also several wounds, caused by the same kind of shot. These, however, seem not to be of a dangerous nature. The right foot has received a severe injury. The track of the ball here is marked by two openings, one on the top of the ball of the great toe, and the other on the sole of the foot. The bone is damaged. The last wound and the one near the elbow joint are those of the greatest import. There is, however, no immediate danger. At the same time it is very necessary that Kelly should be kept per- fectly quiet, and free from all avoidable causes of excitement. " A. SHIELDS.
" Medical Officer, Melbourne Gaol."
Mrs. Kelly, who was no doubt very much grieved at the fate of her sons, was anxious to see Edward, but in consequence of the re- commendations of Dr. Shields, Mr. Castieau declined to allow her to see him, but pro- mised she should visit him as soon as the prisoner was better.
About half-past 10 last evening Kelly was quiet, and appeared to be resting peace- fully.
[BY ELECTRIC TELEGRAPH.]
(FROM OUR SPECIAL REPORTER.)
BENALLA, TUESDAY NIGHT.
Shortly after 8 o'clock this morning a springcart emerged from the local police barracks, and was driven down the street at a slow pace. It was accompanied by eight armed policemen on foot, and the curiosity of the townspeople was naturally excited as to what the vehicle contained. A peep over the side showed that inside, on a stretcher, lay the wounded outlaw Ned Kelly, formerly the terror of the district, but now re- duced to the weakness of a child. The police were conveying him to the railway station, and were all fully armed lest any attempt might be made by sympathisers of the late gang to rescue the arch villain. On the arrival of the train he was carried into the guard's van, and laid on the floor. A Miss Lloyd, cousin of the outlaw, was the only relative present, and as the train left she cried without restraint. It is understood here that Kelly has been conveyed to the hospital of the Melbourne Gaol.
Just before Kelly was taken away from Benalla, Senior-constable Kelly had a short interview with him in his cell. The senior- constable said, " Look here, Ned, now that it is all over, I want to ask you one question be-
fore you go, and that is, did you shoot Con- stable Fitzpatrick at Greta when he went to arrest your brother?" The prisoner replied, "Yes, I did. I shot him in the wrist, and the statements which have been made that Fitzpatrick inflicted the wound himself are quite false." This, it will be seen, bears out the
statement made by Fitzpatrick, and subse- quently by Kelly's sisters. Of course it will be remembered that the shooting of Fitz- patrick was the original cause of Ned and Dan Kelly taking to the bush. The senior constable also talked with the outlaw about the police murders. He told Kelly that Mrs. Kennedy had telegraphed to know whether he had got a letter for her from her murdered husband. Ned replied that he had got no letter from Sergeant Kennedy, and that Ken- nedy never uttered a word after he was brought down, except "God forgive you." " I shot him," continued the outlaw. " He kept firing all the time, running from tree to tree, and tried to kill Byrne until his ammu-
nition went done."
During the forenoon the body of Byrne was brought out of the lock-up where it lay,
and was slung up in an erect position on the outside of the door, the object being to have it photographed by Mr. Burman, of Mel-
bourne. The features were composed in a natural way and were easily recognised. The face was small with retreating forehead, blue eyes, the upper lip covered with a downy moustache, and a bushy beard cover- ing the chin, whilst his hair had been recently cut. The figure was that of a tall, lithe young fellow. The spectacle, how- ever was very repulsive. The hands were clenched and covered with blood, whilst blood also covered his clothes. The police therefore had the body soon removed from the public gaze. The officers, policemen, trackers, and gentlemen then at the barracks, who were present at the encounter, were also photographed in a group. During the day Detective Ward proceeded to Glenrowan and on making some inquiries discovered five of the horses of the gang stabled at M'Donnell's Railway Hotel, which stands on the east side of the line, opposite to the scene of the fight. They had evidently been fasting ever since they had been stabled there, which, of course was on the arrival of the gang two days ago. Why M'Donnell did not give voluntary information to the police concerning these horses has not been explained. They were all brought to Benalla, and two of them were identified as horses which were stolen within the last fortnight from Mr. Ryan's farm, on the Major Plains. One of the two was ridden by Joe Byrne when he committed the murder of Sherritt at the Wool-
shed, near Beechworth on Saturday last ; a third was recognised as a packhorse belong- ing to Mr. Fitzsimmons, of Benalla, that was stolen from his farm near Greta about 12 days ago. The other two have not yet been identified. Ned Kelly's grey mare has also been caught and will be brought on to Be- nalla to-morrow. On one of the horses was found one of the Government saddles taken from the police horses on the occasion of the Mansfield murders. Another of the saddles, the one on Byrne's horse, was found to have been made by Mr. Bullivant, of Wangaratta. It may be here mentioned that the Kellys brought packhorses with them for the purpose of carrying their armour. There is some mystery as to what has become of Sergeant Kennedy's watch. It is known that Ned Kelly wore it for a time, but the only one found on him was a small silver lady's watch, and it is supposed that he has been exchanging with somebody. Two chains were attached to the latter, one gold and the other silver. All the members of the gang were com- fortably clad, and they wore boots which were evidently made to order. Ned Kelly
had riding boots, which showed well how he prided himself on having neat feet. When the doctor was dressing his wounds the boots had to be cut off. It was found that he wore no stockings. The gang all have the appearance of being well-fed, and Byrne stated to one of their prisoners that they had always lived well, but that the want of sleep which they had often to endure was very trying.
THE SCENE OF THE ENCOUNTER.
With the view of gathering any fresh par- ticulars obtainable concerning Monday's en- counter I revisited Glenrowan to-day. I found the débris of Jones's Hotel still smouldering, and a crowd of people fossick- ing among the ruins for mementoes of the gang. Two brick chimneys were all that re- mained standing and the black ashes of the building were covered in part by the sheets of corrugated iron which had formed the roof. The iron was pierced with innumerable bullet and slug holes, and on the chimneys were also a number of bullet marks. The wrecks of two iron bedsteads and of a sewing- machine and a few tin cans, some of which contained shot marks, were the only recog- nisable objects in the débris.
It may not be too late to explain here that the hotel was a wooden building of one story, and contained a front parlour and bar, and two bedrooms at the back. At the rear, and separated from the front tenement, stood the kitchen, a rough wooden struc- ture. It stood about 130 yards from the rail- way station at about the same distance from the railway line on the west side, and on the rising ground which leads up to Morgan's Lookout, which is the nearest peak of the Warby Ranges. The station-master's house stands on the line immediately below the hotel. The only other houses in the immediate vicinity are M'Donnell's Hotel and another small private house, both of which are situated on a track running about parallel with the line, at a distance of say 150 yards on the east side. The police station, post-office, and state school of Glen- rowan are about a mile south of the railway station, and the same side as Jones's Hotel. On the east rise the Greta Ranges, and the town- ship of Greta is only four miles away.
THE ATTEMPT TO WRECK THE TRAIN.
The place where the rails were pulled up is exactly half a mile beyond the station, and not a mile and a half as first reported. It was chosen with diabolical fitness for bringing about the total destruction of the special train. The line takes a sudden turn down an incline and is then cairied over a gully on an em- bankment. There is a little creek in this gully, and to carry it under the line a sub- stantial culvert had been built. This culvert is situated just at the end of the sharpest part of the curve and at the foot of the in- cline, and it was just at this point that the rails were torn up. Had the special train continued its journey without any warning having been given, it would have been im- possible for the engine-driver to see the breach in the line until too late, and the in- evitable result would have been that the train, with its living freight, would have rushed over the embankment into the gully beneath ; if it had gone on the left side, it would have had a fall of about 20ft.; and if on the right, a fall of about 30ft.
Reardon, the line repairer, who was ordered by Kelly to take the rails up gives the fol- lowing narrative :—"I was in bed with my wife and family, as my wife has already in- formed you, when Kelly called at my house. I was awakened at about 20 minutes past 2 o'clock on the Sunday morning by my dog barking and subsequently hearing a horse galloping, I thought it was one belonging to a friend that had got loose, and I there- fore got up and dressed, and went out to catch it. I was met in the yard by a mate, who said he had been arrested. I asked him what trouble he had fallen into, thinking he had been arrested by the police. Ned Kelly then stepped forward and presenting a re-
volver at my head ordered me to bail up and tell him who was inside. I did as he desired, and all in the house were then bailed up. My children had to come out half dressed. He then told me that I had to tear up some rails, and that if I re- fused he would shoot me. The tools neces- sary were in a box which was locked up, and I pretended not to have the key. The lock was broken by some one, and I was directed to take out the necessary tools and to ac- company a party down the line. I took along some tools but not all that would be required ; and six or seven other men were brought along with me to assist. Kelly pointed out the spot where he wanted the rails lifted, and ordered me to proceed with the work. I remonstrated with him, and
begged to be excused owing to my position on the railway, and on account of my wife and family, whom I would not be able to support if I lost my billet. He repeated his order in a peremptory manner, and told me I was a dead man if I refused. I then asked that the other men should do the work, and said I would direct them. To this he agreed. I accordingly showed them how to unscrew the bolts, and so cut off one rail on each side. I then directed them to remove the pair of rails with the nine sleepers to which they were attached. I thought that by removing sleepers and all there would be less danger for the train. Kelly objected to this plan, and talked to me again fiercely. I represented to him that the danger would be increased if the sleepers
were also removed, and that if the set of sleepers and rails were pitched over the culvert, 30 men would be unable to raise them again. I also protested that I had not the tools by which the rails could be detached. He fired up on me again, and asked if I could not draw out the bolts with my teeth. I appeased him by replying that he could not do that himself, although a stronger man than me. He persisted, how- ever, in having the rails removed singly. I then commenced hammering at them, making a great clanking noise. He at once inter- fered, and said he could not stand that. The rails and sleepers were then removed together and thrown over the embankment and we returned to the hotel. My boy was shot by the police in the shoulder when out trying to escape with his mother. I have heard from Wangaratta that he is improving, for he was able to take a good breakfast this morning."
So much for the lifting of the rails. How we received such timely notice of the plot when approaching in the special train is still surrounded with a degree of mystery. The man who stopped the train turns out to be Mr. Thos. Curnow, the local schoolmaster. Mr. and Mrs. Curnow were stuck up at about 11 o'clock on Sunday morning by Ned Kelly and Byrne at the rail-
way gates as they were driving towards Greta. Their horse and buggy were put up at Jones's Hotel, and they themselves were lodged in the stationmaster's house. When bailing them up Kelly said, " I am sorry, but I must detain you." They were detained until about 10 o'clock at night, when Kelly and Byrne took them to the hotel, requested them to get into their buggy, and then ac- companied them to the police station, where Kelly told them to go home and get to bed, and to remain quiet, otherwise he would shoot Mr. Curnow. How Mr. Curnow heard of the rails having been pulled up has not yet been explained, and it seemed strange, seeing that he had been set at liberty before the deed waa done. He, however, did receive the information, and took the risk of earning the hatred of the Kelly gang by utilising it in the interests of humanity. His house stands quite close to the railway line, and he was, therefore, able to hear the pilot
engine approaching. On doing so he imme- diately ran out with a red handkerchief, which he held up with a lighted match behind it. By this action the special train was warned, and the locale of the gang dis- covered. Next door to the police station is the post-office of Glenrowan, and on the Sunday night Mr. Reynolds, the post- master, was interviewed by Kelly as to where Constable Bracken was to be found. Kelly, by his remarks, showed that he had a full knowledge of the constable's habits. He pointed for instance, to a sofa, and said he expected to find him sitting there. Find- ing after bullying Mr. Reynolds that Bracken was really not there, he left without making Reynolds a prisoner. When he stuck up Bracken at the police station, he went into Bracken's bedroom, and found Mrs. Bracken in bed with her little son. He shook hands with the little boy and said, "I may be worth £2,000 to you yet my child." He then de- manded handcuffs and cartridges from Bracken, who, however, defended his office where these things were by cunning evasive replies. Had Kelly got the handcuffs he would, in all probability have put a pair on the constable who would then have been unable to escape from the hotel as he so opportunely did. There are several tents between the rail- way station and the hotel, inhabited by a number of stonebreakers. These men were of course also bailed up, but in a rather startling manner. Kelly, without warning, fired into one of the tents in which two men were sleeping. Fortunately neither of them was hurt, but the bullet passed through
a portion of the blankets. CONSTABLE BRACKEN'S STATEMENT.
The following are further particulars from Constable Bracken, which during the excite- ment of Monday he had not time to supply:
—" When we were held prisoners in the hotel Ned Kelly began talking about politics.
'There was one — in Parliament,' he said, 'whom he would like to kill, Mr. Graves.' I asked why he had such a desire, and he replied, ' Because he suggested in Parliament that the water in the Kelly country should be poisoned, and that the grass should be burnt. I will have him before long.' He knew nothing about Mr. Service but he held that Mr. Berry was no — good, as he gave the police a lot of money to secure the capture of the gang ; too much by far. He then asked me ' What was the policeman's oath?' I replied, 'That policemen were sworn to do their duty without malice or favour, and to deal evenhanded justice all round.' He rejoined, ' Constable —, of Greta, once told me that the oath was that a policeman had to lag any person, no matter whether it was father, mother, brother, or daughter, if they were but arrested.' He also asked if there were not 19 or 20 men in the force who were as great rogues as himself. I of course concurred with him. He then said, ' We are just after shooting one — traitor.' alluding to Aaron Sherritt,' and we now want that — Detective Ward, but he is not game to show up. The next I want are those six little demons,' alluding to the black trackers. 'Then O'Connor and Hare. If I had them killed, I would feel easy and contented. He questioned the ability of the blacks to track in the Vic- torian bush, and said he himself could track an emu in Queensland. The prisoners were then all called together, and Ned said, 'If any of you ever hear or see any of us crossing the railway, or at any other place, and if the police should come and ask if you had seen any such party, you must say, " No , we saw nobody," and if I ever hear of any of you giving the police any information about us I will shoot you down like dogs. I do not mind a policeman doing his duty so long as he does not overdo it.' I re- marked that the police were only earning an honest living, and asked how he, if he was an honest man, could get on without them?' He turned upon me, and demanded, 'And am not I an honest man.' I replied, ' I'm damned if you are,' and nearly all laughed. Kelly next called a man named Sullivan before him, and said, ' I have seen you some- where else. Have you not been in Wangaratta lately.' Sullivan replied in the affirmative. Kelly then asked if he had ever been in New Zealand and received a similar answer. ' How long ago,' he next asked, and Sullivan replied, 'Ten or twelve years ago.' In answer to other questions Sullivan said that he was in New Zealand when the notorious murders were committed there by strangling, but denied with truth that he was the Sullivan who turned Queen's evidence on his mates, and who is understood to be living in this district at present. Kelly then said to me, '£8,000 has been offered for our cap- ture. I promise to give you a similar amount if you tell me where that Sullivan is to be found, and the same amount for infor- mation as to where I can find Quinlan, the man who shot Morgan. Between 12 and 1 o'clock on Sunday morning one of Mrs. Jones's sons sang the Kelly song for the amusement of the gang, and his mother occasionally asked him to sing out louder. Most of the prisoners were then cleared from the front parlour and the gang had a dance. They danced a act of quadrilles, and Mr. David Mortimer, brother-in-law of the school-
master, furnished the music with a concer- tina. Ned Kelly had the girl Jones for a partner, Dan had Mrs. Jones, and Byrne and Hart danced with male prisoners. Thinking they heard a noise outside the gang broke away from the dance abruptly, and Dan went outside. It was at that time that I secured the key of the door. Doubling up my trou- sers at the feet, I placed the key in the fold, and when I heard the special arrive I raised my leg, picked out the key stealthily, unlocked the door, and bounded away. When the train was heard stopping Kelly said, ' You will see some play now, boys. We will shoot them all.
When the constable's escape was discovered
Byrne, who noticed it first, exclaimed, ' Let me but catch him, and I will make a Bracken
of him.' "
INCIDENTS OF THE FIGHT.
The prisoners heard Byrne fall at the bar when he was shot. He dropped down dead without uttering a word, and the bullet must have entered at the bar window. A difference of opinion exists however, as to the hour of his death. Some say that he fell at daylight, others that it was about 9 o'clock in the morning. At 10 o'clock, when the prisoners made their escape in a body, they saw Dan Kelly and Hart standing in the paasage fairly cowed. They looked gloomy and despairing, and said nothing to the prisoners as they left. The gang had all been drinking, and Ned has stated that he took too much liquor. His idea was that he and Byrne should clear away from the hotel after the first attack unobserved, that Dan and Hart should remain ; that in the morning he and Byrne should return and charge the police, who, he argued, would then leave the hotel and engage them, and that Dan and Hart should then sally forth and take the police in the rear. He accordingly called on Byrne to
follow him into the bush, but Byrne's courage failed and he declined.
The trees behind which Kelly stood when fighting in the morning are all pierced with bullets and slugs, and the place where he fell is saturated with blood. He had evidently passed the night under a fallen tree a little further up the rise, for there were found the marks of his feet and much blood.
The boy Jones has died at Wangaratta. He was shot when lying on the ground in one of the bedrooms. The bullet is said to have come through the wall entered at his thigh, and passed into
his body. Cherry was shot early in the morning, and his wound was dressed by some of his fellow prisoners. None of Ned Kelly's wounds are of a deady cha- racter. What were supposed to be shot marks in the groin are, Dr. Nicholson states, only grazings. The charred remains of Dan Kelly and Hart were handed over to their friends, and taken to Mrs. Skillion's
place at Greta, and are there now. John Grant, undertaker, of Wangaratta, was em- ployed by their friends to provide coffins of a first-class description, the cost being a matter
of no consequence. He arrived with them in a buggy at Glenrowan yesterday after- noon, and they were seen to be high-
priced articles. The lid of the one was lettered " Daniel Kelly, died 28th June, 1880, aged 19 years," and the other Stephen
Hart, died 28th June, 1880, aged 21 years."
How the remains are to be distinguished
from each other is a problem that will not be easily solved. During the afternoon In-
spector Sadlier telegraphed to the local police that the remains were on no account to be
interfered with until the magisterial inquiries were held and steps were at once taken to
carry out these instructions. The inquest on the body of the unfortunate Sherritt will be held to-morrow (Wednesday) at Benalla.
THE MAGISTERIAL INQUIRY ON BYRNE. In the morning Captain Standish intimated his intention of holding a magisterial inquiry
upon the bodies of Byrne and Cherry some time during the day, but after- wards it was decided to hold the in-
quiry upon the body of Byrne alone, and hold an inquest upon Cherry's body. Mr. Robert M'Bean, J.P., was called upon to officiate, and the inquiry took place in the court-house. The proceedings were some- what of a formal nature, but little evidence being required. So quietly was the whole affair disposed of, that no one was made aware of it, and the courthouse was almost empty, two or three of the police and some others who were at the courthouse at the time constituting the audience. Captain Standish sat upon the bench with Mr. M'Bean, and assisted in con-
ducting the inquiry.
Thos. M'Intyre, police constable, stationed at Melbourne stated that he was one of the party who went out in search of the outlaws from Mansfield in October, 1878. On the 26th of the same month they encountered the Kellys and Hart and Byrne. He identified the body as being that of the outlaw Joseph Byrne, who was one of the gang that shot Constables Kennedy, Scanlan, and Lonigan
on that date.
Louis Pyatzer, a contractor, who was one of those present at the capture of the gang on Monday last, stated that he was compelled by them to enter and remain in Mrs. Jones's Hotel at Glenrowan. He identified the body as being that of Joseph Byrne, the outlaw, who was one of the gang. Byrne assisted the Kellys in resisting the police.
Edward Cenny, a police constable, sta- tioned at Benalla, said that he had known Joseph Byrne at the Woolshed and other places for over eight years. The body now in the possesion of the police was that of Byrne, the outlaw, who was one of the Kelly gang of bushrangers.
Inspector Sadlier produced the proclama- tion issued in the Government Gazette in October and December last, offering £4,000 for the capture of the gang of outlaws, con- sisting of Edward Kelly, Daniel Kelly, Joseph Byrne, and Stephen Hart—the two latter were at first stated to be men by the name of King and Brown, but were afterwards known to be Hart and Byrne. He also pro- duced the proclamation issued in the New South Wales Government Gazette offering a similar reward for the capture of the gang. He stated that the rewards were to be with- drawn at the end of the present month, but as the gang had been captured before that time the reward was still in force.
This concluded the evidence taken in the matter, and a verdict of justifiable homicide was returned by Mr. M'Bean in the follow- ing terms :—" The outlaw Joseph Byrne, whose body was before the Court and in the possession of the police, was shot by them whilst in the execution of their duty. The body was subsequently handed over to the friends of the outlaw, who were waiting in Benalla to receive it, and they conveyed it to Greta. They intend to bury it with the bodies of Hart and Dan Kelly in the Wan- garatta cemetery, after the magisterial in- quiry upon the latter has been held.
The boy John Jones died from his wounds in the Wangaratta Hospital this morning.
The burial of the remains of Dan Kelly and Steve Hart had been fixed for noon to- day, but it being found necessary to hold a magisterial inquiry the burial was stopped. Mr. Foster, P.M., and Mr. Wyatt, P.M., being both engaged with inquests, Mr. Bickerton, J.P., has consented to hold the inquiry on the bodies of the outlaws at Glen- rowan to-morrow, and Mr. A. Tone, J. P., will be asked to hold the inquiry at the hospital.
The girl Jones is progressing favourably. The boy Reardon is lying in a critical state, and is not expected to recover.
SUB-INSPECTOR O'CONNOR AND THE
With regard to the part taken by Sub- inspector O'Connor and the Queensland black trackers in the encounter at Glenrowan, Mr. O'Connor makes the following statement :
—" I went down by the special train on Sunday night at the request of Captain Standish. I collected my troopers, and started three hours after I received notice. I agreed to go on condition that the Government of Victoria, would see me held blameless, as we were under orders to leave for Queensland. On our arrival at Glenrowan we heard that the rails had been taken up some distance further on. We thought the best course would be to get the horses and proceed to the spot. Bracken then appeared, and informed us that the Kellys were at Jones's publichouse. Superintendent Hare, myself, and four or five men, rushed up to the house. When we got within 25 yards we were received with a single shot, and then a volley. We returned the fire. Hare said,
' O'Connor, I'm wounded—I'm shot in the arm. I must go back.' He left immediately. We remained, and our incessant fire drove the outlaws into the house, which we heard them barricade. Mr. Hare returned to the station, stayed a short time there, and then went to Benalla. I stood at my post until half-past 10 o'clock in the forenoon, when I was sent for by Superintendent Sadleir. I was within 25 yards of the house the whole time. At daybreak I got behind shelter. One of my troopers was shot alongside me—cut across the eyebrows. He jumped on the bank, fired five shots into the house, and said, ' Take that, Ned Kelly.' It seemed to afford him great relief, but rather amused us. I was in charge of the men from the time Mr. Hare left until Mr. Sadleir arrived on the ground."