Manaro Mercury, and Cooma and Bombala Advertiser (NSW : 1862 - 1931), Wednesday 11 August 1880, page 4


Prosecution of Ned Kelly.

MELBOURNE, Friday.— Edward Kelly was charged at the Beechworth police court for “That he, on October 26, in the year of our Lord 1878, at Stringybark Creek, in the North Bailiwick, did feloniousIy, of malign aforethought, kill Thomas Lonergan.” There was a second charge,

in the same terms, for murdering Michael Scanlan. There was a great crush of people in the court, but the police made excellent arrangements. The gallery was reserved for ladies, and was crowded long before the court opened. Mr. Gaunson conducted the defence. The principal interest was centered in con-stable M‘Intyre, as it had been freely stated that It was the intention of sym-pathisers with the prisoner to shoot him in the witness box, he being the only man who could give direct evidence as to the murder of Kennedy’s party. Mr. Foster, P.M., presided, and some surprise was expressed at Captain Standish taking a seat on the bench, he being the only other magistrate present ; but this was previously explained by Mr. Foster stating, in reply to Mr. Gaunson, that he was sitting alone and that Captain Standish simply took a seat on the bench by courtesy. Kelly came into court limping, but with a very cool demeanour. Mrs. Skillian was present, and smiled at him and ladies round the court with a very confident air; and Mr. Gaunson suggested that as the prisoner was maimed, the court would possibly allow him to take a seat, and Mr. Foster, P.M , acquiesced. Mr. Gaunson said that he found it necessary to make an application for an adjournment. He fully recognised the great responsibility that rested on himself as well as the bench, when human life was concerned, and for that reason he was compelled to make the application. He regretted extremely the action of the Government in refusing the man's relatives or other persons in whom he had confidence an opportunity to see him, in order that he might have a chance of seeing whom he would have engaged for his defence. He had been retained at a moment’s notice, and had not time to make himself acquainted with the facts of the case ; but he desired lo call the attention of the bench to the ex-traoridinary nature of the proceedings in relation to this man Kelly. He had been taken to Melbourne, and was now re-manded to Beechworth, while the Justices of the Peace Statute provided that an offender should be tried at the Court of Petty Sessions. The charge was that of murder at Stringy Bark Creek, and why should not this man be taken to Benalla, as would be done with any other offender. He had not been afforded the facilities that were afforded to the prisoners to prepare his address, or he would have been allowed to see his sisters. There would be no harm in a man seeking to see his relations at a distance, when every word could be heard by an officer. In addition to this, he saw present the learned Crown prosecutor for the district the senior Crown prosecutor, Mr. Smyth (for whose abilities he had the deepest respect) ; Mr. Gurner, the Crown solici-tor ; the Chief Commissioner of Police, and other notabilities, and he did not feel equal to the task of coping with all these without preparation. In the name of common justice, therefore, he asked that a remand should be granted. Mr. Smyth said that he must oppose this applica-tion. The statement that the prisoner had not been allowed an opportunity lo prepare his defence was unfounded. For several days he had been in communica-tion with many of his friends, and he had been afforded every opportunity of seeing his legal adviser, Mr. Zincke. There was nothing exceptional in the treatment of the man, for the act provided that the offenders might be tried at any court of petty sessions in the bailiwick, and the court might even be in a private room, or anywhere else. He must point out to the court that there wan a good many witnesses in this case, and as to the change in the prisoner's legal advisers, the Government had nothing to do with that, and there were many good reasons why the prisoner should be taken to a place of safe custody, such as Beechworth. If the gentleman who appeared for the defence choose to accept the offer, he (Mr. Smyth) had no objection to a re-mand, after the evidence for the Crown was taken. Mr. Gaunson : I cross-examine when I don’t know the facts of the case. Mr. Smyth : They have all been pub-lished long since. Mr. Gaunson : I am very glad to say I never read the papers. (Laughter.) Mr. Gaunson proceeded to say that if the same course of proceeding was observed as had been, no jury in the country would be found to convict the prisoner. Mr. Foster said, under the circum-stances. I will grant the remand, but it will only be for a short time, and in order to give the prisoner an opportunity to consult his solicitor. The court is adjourned until 2 o’clock. Mr. Gaunsnn rose to make an applica-tion that Mrs. Skillion might be allowed to see her brother, but Mr. Forster told him that the court was adjourned, and nothing more could be done. Mrs. Skillion asked Mr. Gaunson if she could speak to her brother, and was told to do so if she could. They shook hands and exchanged a a few words ; but, of course, in the presence of the police. Tom Lloyd was also in court, and Ned Kelly shook hands with him in a most hearty manner. BEECHWORTH, Saturday. The proceedings were resumed at 2 o’clock yesterday afternoon. On the court being opened, Mr. Gaunson rose and said that since the adjournment he had read the account of the affair in the Wombat ranges in the newspapers, but after doing so he felt he must renew the application for a postponement. The prisoner had not had a chance to prepare his defence. in accordance with our law. The late Chief Secretary had given in-tructions that he was not to be seen, and the present Chief Secretary had not seen fit to rescind that order, although the prisoner of the sheriff, and not of the penal department; the Chief Secretary had as much authority over the prisoner as the bench had, supposing that they ordered a platoon of troopers to shoot

him down in the court yard. The fact was that might had strangled right. The prisoner was now fairly in charge, and there could be no danger in remand-ing him. He (Mr. Gaunson) had ex-pressede himself as exceedingly anxious to do his duty in defending this man, and felt fully certain that the two learned Crown solicitors felt the same. Mr. Foster, P.M., said that he felt that Mr. Gaunson and the Crown Prosecutor intended to do their duty, and he had also his to do, and in doing it he de-clined to grant that application. Mr. Smyth then proceeded to state the case for the prosecution, relating generallv the facts. In the course of this statement he remarked that the prisoner really never appeared in the open, except be-hind his victims under cover of a gun or revolver, or was in armour. To this Mr. Gaunson responded, that it was untrue, and that the prisoner had appeared in the open in the Wombat Ranges. Mr. Smyth said he wished to state the facts simply. Constable McIntyre’s Evidence. Constable McIntyre was then called. Before this, on the application of Mr. Gaunson, all witnesses had been ordered out of the court. McIntyre stated that on the 25th of October, 1878, he, with Constables Lonergan and Scanlan, under charge of Sergeant Kennedy, proceeded to the Wombat Ranges in search of Edward and Daniel Kelly, the former of whom was now in the dock, warrants being issued for their arrest ; they camped at the Wombat Ranges on an open about an acre or two in extent ; Lonergan and Scanlan and himself were armed with revolvers each, and a double barrelled fowling piece ; nothing occurred that day ; in the morning, about 6 o’clock, Kennedy and Scanlan left the camp, and during the day witness was engaged in rigging up a camp, while Lonergan was looking after the horses and reading a book ; in the course of the day Lonergan called the attention of witness to a noise, and witness went to see what it was : he thought it was a wombat, but could not find out, and, during the time he was absent, he fired several shots from his fowling piece ; after he went back he and Lonergan made a log fire for the purpose of guiding Kennedy and Scanlan home in case they got bushed ; it was about 20 yards from the tent, and they had to carry the wood some distance, but about 10 minutes to 5 o’clock witness went to the tent and got a billy of tea ; after this was made Lonergan was standing on thee opposite side of the fire, when witness suddenly heard some voices calling out, “Bail up, hold up your hands ;” he quickly turned round, and saw four men, each armed with guns, and each gun pointed in the direction of Lonergan or himself ; he noticed the man on the right of the party particularly, and saw that his weapon was in a fair line for his (witness’s) chest. McIntyre continued : As soon as I saw this I put my arms out horizontally ; I was unarmed at the time ; immediately afterwards I saw the same man I had noticed change the direction of his gun and fire ; he fired at Lonergan, who was then about 10 or 12 feet from me ; I heard Lonergan fall immediately after the shot ; he had gone about four or five steps before he fell ; I then heard him breathing heavily and strenuously ; the man to the right of the four men was the prisoner before the court ; at the time he fired the shot the other men were in a line with him, and about two or three yards apart ; as soon as Lonergan fell the prisoner threw his gun into his left hand, put his right hand behind his back, and pulled out a revolver, and cried to me, “Keep your hands up — keep them up ;” I was unarmed, my revolver and fowling-piece being in the tent ; after the prisoner drew the revolver, he and three others rushed up to where I was standing, and stood at a distance of about three yards from me ; the three others covered my chest with guns, and the prisoner with a revolver ; I kept my hands up all the time; the prisoner said to me, “Have you any firearms ?” I replied “I have not.” Before this, Lonergan had been strug-gling on the grass, plunging on the ground very heavily ; but about this time he ceased to breathe ; Lonergan was about 10 yards from me at the time, and the prisoner was also the same distance from him. I heard Lonergan say, “Oh, Christ, I'm shot ;” the prisoner was within listening distance ; Lonergan ceased struggling in about half a minute ; a few minutes after I saw Lonergan stretched out and motionless ; I saw him dead before I left ; when the prisoner asked me if I had any firearms I said, “I had not ;” he then asked, “Where is your revolver ;” I said, “at the tent ;” he said to his mates, “Keep him covered, lads,” and searched me for firearms ; they did keep me covered ; in searching me, he passed his hand under my coat and down my trousers, but did not find anything ; he then jumped across the log to where Lonergan was lying: he remained away a moment, and came back with Lonergan’s revolver in his hand ; I was under cover of three other men all the time ; when prisoner came back he said, “What a pity that man tried to get away !” one of the others said that “he was a plucky fellow; did you see how be caught at his revolver ?” It was Daniel Kelly who said this ; he moved his right hand spasmodically at his revolver at the time ; the prisoner then went over to the tent, and the other three lowered their firearms when prisoner came back from the body of Lonergan, but still had them pointed in the direction of me ; when the pri-soner came back from the tent, he had my revolver, which had been hanging up in the tent ; he told his mates then to let me go ; I remained standing where I was, and the others went over to the tent ; they all went into the tent, and the prisoner's brother, Daniel Kelly, came back with a pair of handcuffs ; he said, “we will put these upon the —— ” (referring to the handcuffs ) ; I appealed to the prisoner, saying, “What is the use of putting these on me, how can I get away while you are all armed the way you are ?” he said to Daniel Kelly, “all right, don't put them on ; this (tapping his rifle) in better than hand-cuffs ; don't try and go away, because if

you do I'll shoot you, if I had to track you to the police station and shoot you there ;” Daniel Kelly said to this : “The b—— would soon put them on us if they had us ;” the whole of them then went to the tent, leaving me near the fire, and they called me over to the tent ; I knew Edward and Daniel Kelly from the photographs and descriptions I had ; I did not know the other two ; when I got to the tent prisoner was sitting down, with a gun across his knee, and the others were in the tent ; the prisoner said, “That is a d——d curious old gun for a man to carry about the country with him ;”' I said, “perhaps it better than it looks ;” the prisoner replied, “You might say that ; I'll back it against any gun in the country ; I can shoot a kangaroo at 100 yards every shot with it ;” it was an old shot-barrelled gun ; from its appearance I took it to be a rifle ; the stock and the barrel were tied together with waxed string for about 3 inches or 4 inches from the lock ; prisoner said, “Who's that over there ?” and he moved in the direction of Lonergan ; I said that it was Lonergan ; he said, “No, that in not Lonergan ; I know Lon-organ well ;” I said, “It is Lonergan ;” he replied, “I am glad of that, for the b—— gave me a hiding in Benalla once ;” Daniel Kelly said, “Well, the b—— will never lock any more of us up ;” neither of the other two said anything about Lonergan : I have since seen the dead body of Joseph Byrne, and identified it as one of the four ; I had made some tea, and Byrne, taking a pannikin, said, “Here, mate, have a drink of tea ;” this was before they tasted it ; I drank some, and then they took some, but before they did so the prisoner said. “Is there any poison about him ?” I said, “No ; why should we have poison ?” while the other three were having something to eat and some tea, the prisoner look our fowling pieces and drew the charges, which were cartridges ; the fowling piece was a breachloader with two cartridges, and after taking out the shot replaced it with bullets, which he took from his trousers pocket ; having reloaded in this manner, he handed the gun to Byrne and said, “Here, you take this, give me yours ;” Byrne’s gun was not rifled ; prisoner said, referring to his own gun, “There is one of these for you if you do not obey me ;” he had two guns at the time ; he said to me, “Do you smoke, mate ?” I said yes, and he replied, “Well, light your pipe and have a smoke ;” Byrne smoked, and prisoner also asked me for tobacco ; all this took from 10 to 15 minutes ; at the end of this time the prisoner said, “That will do, take your places, lads ;” the pri-soner went over to the trees, concealing himself, and taking the two guns with him ; Hart remained in the tent, and Byrne and Dan Kelly went into a quan-tity of spear grass, about five feet high, growing to the south of the open, and that was the place they first appeared from ; I lost sight of Dan Kelly and Byrne in the spear grass ; I was left at the tent at first, but immediately after the prisoner had concealed himself be-hind the logs near the fire he called me over to the opposite side of the log where he was concealed, and said, “You stand there ;” I went to the place he indicated ; the log was between us at the time, and was about three feet thick ; prisoner was completely concealed at the time, and I was standing in the open ; he was armed with two guns and a revolver, and I was unarmed ; prisoner had a conversation with me at that time commencing — “Who showed you this place ?” I replied, “No one showed it to us ; it is well known to all the people in Beechworth ;” he said, “How did you come here ?” I said, “We crossed Holland’s Creek and followed the blazed line ;” he next asked, “Who are you, and what brought you here ?” I answered, “You know quite well who we are ;” He said, “I suppose you came after me ?” I said, “No, I don't know that we did come after you ;” he asked, “Well, you came after Ned Kelly, I suppose ?” I said, “We did come after Ned Kelly ;” he said, " You b—— came to shoot me, I suppose ;” I said, “We came to apprehend, not shoot you ;” he then asked, “Then why did you bring so many firearms and so much ammunition ?” to this I replied that “We only brought them to shoot kangaroos ;” he asked, “Who was that shooting down the creek to-day ?” I told him I had been shooting at parrots, and he said it was very strange, did we know they were there ? I said, “No ; we thought they were ten miles away,” at the same time pointing in the direc-tion of Greta ; prior to this he had said to me, “Where are the others ;” and I replied they were out ; he then asked me whether they would be back that night, and I said I did not think so, I was afraid they had got bushed ; prisoner inquired in what direction they had gone, and I pointed to the north-west, in the direction of Benalla ; prisoner said, “This is very strange ; they may never come back ; but there is a good man down the creek, and if they fall in with him you will never see them again ;” he then asked the names and stations of them two men away ; I told him Sergeant Kennedy, of Mansfield. and Constable Scanlan, of Benalla ; he said, “I have never seen or heard of Kennedy, but I believe that Scanlan was a flash b—— ;” I asked what he intended doing with them, say-ing “Surely he did not intend to shoot them in cold blood ;” he said he liked a game man, and would never shoot a man who surrendered ; I said, “Are you going to shoot me ;” he said “No, I could have shot you easily an hour ago, when you were sitting on that log,” at the same time pointing to where I had been sitting ; some time previously he also said, “At first I thought you were Flood, but it is a good job you are not, for if you were, I would not shoot you, but would roast you on that fire ; there are four men in the police force I would roast ; they are Fitzpatrick, Flood, Strachan, and Steele ; Flood has been blowing that he can take me single-handed ;” he asked me how the men were armed ; I told him very meagrely, and he asked me what I meant by that, and had they got their revolvers ; I told him they had, and he asked if they had not got a rifle; I hesitated at the

moment, and Kelly said, “Now, tell the truth, because if I find you out in a lie I will put a hole through you ;” I then told them that the men had a rifle, and they asked if it was not a breechloader ; I said it was, and he replied ; “That looks as if you came out to shoot me ;” I told him we were not sent out to shoot people, and he could not blame men because they were sent out to do a certain duty ; he asked, “Do you know what became of the Sydney man ?” I replied that he was shot by the police ; I knew that the referred to the case of Sergeant Wallings ; he said, “Yes, and if the police shot him, they shot the wrong man ; I suppose some of you b—— will be shooting me some day, but I'll give you some trouble before you do.” At this stage the police magistrate intimated that he would adjourn the court until 10 o’clock next morning, which was ac-cordingly done. Mr. Gaunson made a formal application that the prisoner’s sister be allowed to see him, and said that the bench had no right to give any attention to the informal orders of the Chief Secretary. Mr. Foster said he would see Mr. Gaunson later in the evening on the subject. Subsequently, Mr. Gaunson had an interview with Mr. Foster, and renewed the application for Mrs. Skillion’s admittance to the gaol to see her brother, but the Police Magis-trate declined to permit the visit, where-upon Mr. Gaunson telegraphed to the Chief Secretary. The Kelly Sympathisers. Although there are many sympathisers of the Kelly family in Beechworth, the town is very quiet, and the friends of the bushrangers conduct themselves with much propriety, if a quiet demeanour can be so designated. They are remarkably close in their conversation, and nothing can be obtained from them. Mrs. Skillion is still confident that she will have an interview with her brother, and is working energetically for that purpose, but is not likely to succeed. There is an impression abroad that she wants to see him privately, in order to learn where the plant is, but there is no truth in this, the fact being that the gang had spent all the proceeds of the two bank robberies, and were almost without money before the Glenrowan affair. Beyond question Sherritt was playing a double game at the time of the Jerilderie robbery, and, although he gave the police certain in-formation, he was also in league with the bushrangers. There is already a crowded assembly at the court, and there will be much excitement in Beechworth to-day. The evidence will not disclose anything fresh. Resumption of the Trial. The police court investigation of the charge against Edward Kelly for the murder of constables Lonergan and Scan-Ian was resumed at the Beechworth police court this morning, before Mr. Foster, P.M. The interest in the proceedings was evident by the crowd that assembled outside the court and clamoured for ad-mittance. The doors, however, were kept closed, and none but those provided with passes were admitted. As on the pre-vious day, the gallery was reserved for ladies. Mrs. Skillion, accompanied by Tom Lloyd and Dick Hart, was in at-tendance, half an hour before the court sat. Captain Standish was again seated on the Bench, but did not take any part in the proceedings. Mr. Gaunson ap-peared armed with piles of newspapers having reference to the transactions of the Kelly gang. Mr. Gaunson, before the case was called on, said that he de-sired to call attention to the statements made in the press. In the Argus were remarks in reference to himself and Mr. Zincke which were totally devoid of truth. It was therein stated that the prisoner’s friends had first employed Mr. Zincke for a special purpose, but failing in that had employed him for the same purpose, both of which statements were devoid of truth. The local paper also spoke of Kelly as a thing to be condemned. Surely this was not seemly or just, and if it went on then the court would have to interpose and commit some of them for contempt. Constable M‘Intyre was then called and resumed his evidence. He deposed : Kelly said, “That b—— Fitzpatrick is the cause of all this, and those people who were lodged at Beechworth had no more firearms than you have now ; these (pointing to his mates) were the men who were there ;” I said that he ought not to blame us for what Fitzpatrick had done, and he said no, but after letting him go he had almost sworn never to let another policeman go ; if he let me go, he said, I must leave the police ; I said I would, as my health had been bad, and I had been thinking of doing so for some time ; I asked Kelly what he would do with the other two men if I got them to surren-der ; he said I had better get them to surrender, as if they did not he would shoot them; he said he did not want their lives, but he wanted their firearms and horses ; at this time the prisoner was looking down the creek, and I saw a getting one of the guns ; I made a step forward as if to get it, when Hart, who was then concealed in the tent, ran out and cried, “Look out, Ned, or that b—— will be on top of you in a minute ;” the prisoner said to me, “You had better not, mate ; you know there are not three men in the police force able for me ;” it was by this time about half-past 5 or 6 o’clock, and I expected the other men back ; prisoner said, “Are there any others out ?” and I explained that there was a party out under Sergeant Steele ; I told him I would try to get Kennedy and Scanlan to surrender if he would promise faithfully not to shoot them ; he did so and then placed me near a log and told me if I gave any alarm he would put a hole through me ; just afterwards, Ken-nedy and Scanlan appeared on horseback ; the horses were walking very slowly ; I don’t remember that prisoner said any-thing more to me ; Kennedy was about a dozen yards in advance of Scanlon ; I stepped towards them and said out loud, so that the prisoner could hear, “Oh, sergeant, I think you had better dismount and surrender, for you are surrounded ;” at the same time the prisoner called out, “Bail up ; hold up your hands ;” Kennedy smiled, and playfully put his hand upon his revolver, which was in its

case buckled up ; immediately he did so the prisoner fired at him, but missed him ; Kennedy's face assumed a serious aspect, and I turned round and looked back at the prisoner and his mate, and I saw them ; there was one in the tent, and two in the spear grass; they came for-ward running with guns their hands, and Hart cried as he came forward, “Bail up ; hold up your hands ;” at the time the prisoner fired at Kennedy, he was behind a log, kneeling on his right knee ; Kennedy must have seen his head and shoulders before he fired; as the other three were advancing Kelly threw down his discharged gun and picked up the one that was loaded, which he pointed in the direction of Scanlan ; I again looked at Kennedy and saw him roll on his face on the horse’s neck, and roll off on the off side of the horse ; at the same time that he did so there were four shots fired ; Scanlan pulled up about 30 yards from where the prisoner was concealed, and was in the act of dismounting from his horse when he first heard the cry to bail up ; he caught at his rifle, as if to take it off his shoulder, where it was strapped, and endeavoured to get upon his feet ; he fell upon his hands and knees, and in that position was shot upon the right arm ; prisoner covered him, but there were three or four shots fired at the same time, and any of the others might have covered him. Scarcely any time elapsed between the cry to bail up and the firing of the shots ; seeing Scan-lan falling, I expected no mercy for any of the party, so I caught and mounted Kennedy’s horse, which was close to me ; the horse was restive of fire ; I turned his head north, and he moved about twice his own length while I was struggling to get into the saddle ; after some trouble I succeeded in mounting ; Kennedy must have seen me mounting, but he did not say anything ; a number of shots were fired while I was riding away, but at whom I could not say ; I saw a blood-spot on Scanlan’s coat immediately after the shot I have spoken of, and he laid over on his back ; I rode away northerly towards Mansfield, until I got about 100 yards past the gap, when I turned westerly, which would take me to the telegraph line between Benalla and Mansfield ; I was thrown off my horse, and crept into a wombat hole ; I was in the bush all night, but succeeded in getting to Mans-field ; at 3 o’clock on Sunday morning I was as far from Mansfield as I was when I left the camp, for I wandered about in the bush ; on arrival at Mansfield I reported what occurred to Sub-inspector Pewtress ; he organised a search party of police and others, and accompanied them ; we left about two hours after I got back to Mansfield ; we got back to the scene of the murders about 1 or 2 o’clock on the Monday morning, and found the bodies of constables Lonergan and Scanlan where I had last seen them ; both were dead ; we made a search for Kennedy then, but did not succeed in finding him then ; our tent was burnt down, and that portion of our property which was not burnt was removed, in-cluding arms and ammunition ; all we found were the tin plates ; Mr. Pewtress came out in charge of the party ; Dr. Reynolds arrived about daylight ; he is the medical gentleman who afterwards made the post mortem examination ; I showed the two bodies to him; we re-moved the bodies to Mansfield ; the doctor looked at them before we removed them ; they were taken on pack-horses as far as Mann’s Wombat saw mills, and from thence to Mansfield in a waggon ; I was present at the magisterial inquiry as to the death of Constable Lonergan ; Dr. Reynolds gave evidence ; I saw some bullets ; I saw one bullet from the body of Lonergan ; it was pointed out by Dr. Reynolds ; I saw three bullets altogether ; I was not one of the party who found Sergeant Kennedy’s body, but I saw it on the Thursday following, October 31, when it was brought into Mansfield ; there was a magisterial inquiry on that body ; Kennedy had a gold watch when he started with this party from Mans-field ; the last I saw of the watch was on Friday night, the night before the murders ; it was a valuable gold watch ; I never saw the prisoner again until I saw him at Glenrowan on Monday, June 28 last. Since the murders at Mans-field I have been principally attached to the police force ; my health is now very good ; at the time of the murders I had been suffering from biliousness ; when I arrived at Glenrowan on the 28th June last the prisoner had been arrested. Mr. Smythe : “You had a conversation with the prisoner then ; what did he say ?” Mr. Gaunson at once objected to the question. He said that at a late stage in the proceedings he would refer to the conduct of the police on that occasion. It was indecent to ask such questons. It would be shown at a later stage of the proceedings that Kelly was seriously wounded and that his mind was not in a position to answer a series of questions. Mr. Gurner had published a handy book, in which it was stated that constables ought carefully to abstain from asking questions. If evidence of this sort was admitted there was nothing to prevent the police going into cells and literally posting prisoners to compel them to give evidence. Mr. Smythe said it would be better for Mr. Gaunson to wait and take his objections after he had heard the questions. Witness continued : I went to the lockup at Benalla and saw the pri-soner there. Mr. Gaunson : "Did you arrest the prisoner ?” Witness ; “No.” Mr. Gaunson : “Did he send for you ?” Witness; “No.” Mr. Gaunson pro-tested against the blackguardly and brutal nature of this proceeding, the police sent to a wounded man for the purpose of getting him to commit him-self. He ventured to say if the court admitted the evidence, it would find itself in the position of seeing it arrested when it came before the Supreme Court. Mr. Smythe continued to say that the evi-dence of both could be admitted. Mr. Foster said he was quite prepared to take the responsibility of accepting the evidence ; the question as to the conduct of the prisoner, owing to his wounds, was one for the jury. Witness con-tinued : “When I saw the prisoner in the Benalla lockup Senior-constable Kelly was with me, and he said to prisoner,

‘Do you know this man, Ned ?’ Pri-soner said, ‘No, is it Flood ?’ I said ‘You took me for Flood the last time we met ;’ the prisoner then re-collected me ; I told him that at the time of the murders, when I turned suddenly round, I found he had my chest covered ; he said that Lonergan pointed his re-volver at him : he said that was all nonsense ; I asked him why he came near us at all, and why he did not keep out of our way ; his reply was that we would soon have found them out ; their horses, he said, were poor, their arms and ammunition bad, and they wanted to make a rise ; I then asked him if I had shown any cowardice, and he said, “No !” I left him then. To Mr. Gaunson : Am 35 years of age ; I went to the Richmond depot on the Friday following the murders ; I volunteered to go to Glen-rowan ; I volunteered to the Com-missioner at the Spencer-street railway station ; had a conversation with him on the railway at Glenrowan; he said to me, “Can you identify this man, McIntyre ?” I said, “Yes, sir ;” this was about 5 o’clock in the evening ; I had previously seen the remains of what I took to be two men ; they might have been women ; the prisoner was not pre-sent when I was spoken to by the Chief Commissioner ; I said, “Is Kelly much changed ?” I went next day to the Benalla lockup to see the prisoner ; no-body told me to go ; I simply heard that he had been mentioning my name ; I went to see him ; I had no intention of using the conversation as evidence ; Senior-constable Kelly went with me. Incidents in the Career of Ned Kelly. Mrs. Skillion and Tom Lloyd have hith-erto been living at the same hotel as Mr. Gaunson — the Hibernian — but as accom-modation could not be provided there for Dick Hart and Pat Byrne, they have re-moved to another hotel ; and the fact of these four friends leaving together is re-garded as significant. Detective Ward had a short interview with Kelly in the cell, at the court house. Kelly reminded him of an incident that had occurred at Wangaratta before the murders, when he was riding an unbroken horse in the street, and Ward told him he had better find another place for showing off his horsemanship. Having heard that Kelly was a grand rider, he made this remark with the view of making him show off ; and Kelly did dig his spurs into the animal, but it only bucked. Kelly now said that ever since he bore Ward a grudge. A number of people who saw him in court recognized Kelly as a man they had seen during the career of the Kelly gang at the Oxley coursing matches last Easter ; he was seen sitting on a fence, and about four months ago he was drinking in the bar of Dreyer’s Hotel, Beechworth, but no one who saw him knew him except sympathisers. Sergeant Steele also had a few words with the prisoner after the police court was ad-journed. To him he said that M‘Intyre had given his evidence better than he ex-pected, and from other remarks he made he appeared to derive great satisfaction from the large attendance of ladies at the court. It is stated, on good authority, that in July, 1879, Kelly visited Melbourne, and that he slept one night in the National Hotel, Bourke-street. It is said that he talked a little about the Kelly gang, and stated that he came from the north-eastern districts, and that he cleared away before daylight. Information was given next day to the police, but the suspected person could not be found. — Evening News.