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On this Page 6
The Trial of Ned Kelly at
Beechworth.
CONSTABLE McINTYRE'S EVIDENCE
AT THE POLICE COURT.
(By Telegraph to Echo)
Saturday, 2 a.m.
At Beechworth, yesterday, the precincts of
the Court were crowded, and much interest
was shown in the trial. Ladies and all re-
spectable persons were admitted by the side
door. Mr. Gaunson made an application for
Kelly's relatives to see the prisoner, but the
Bench, relying on an order from the Chief
Secretary, declined. Mr. Gaunson character-
ised as monstrous that they could not see
prisoner, and that difficulties were thrown in
the way of the defence. He has made another
application by telegraph to Melbourne. There
are a good many witnesses, and the case is
likely to last some time.
The following is McIntyre's evidence, so
far as has been given to-day. Thomas McIn-
tyre deposed : I am a constable of police at
present stationed at the Richmond depot ; in
October, 1878, I was stationed at Mansfield ;
on the morning of the 25th of that month I
left Mansfield with constables Scanlan and
Lonigan in charge of Sergeant Kennedy ; we
left at about 5 o'clock in the morning to search
for Edward and Daniel Kelly; warrants had
been issued against them; the Edward Kelly we
were in search of was the prisoner now in the
dock ; we camped at Stringy Bark Creek,
about twenty miles from Mansfield ; all four
of us travelled on horseback, and were armed ;
at Stringy Bark Creek the country is thickly
timbered, but we camped on a clearing ; the
photograph produced shows a portion of the
ground ; there had been a hut on the clearing
but only remains of it were left standing ; a
number of logs were lying about ; the open-
ing was about an acre or two in area ; we
camped immediately behind the old hut, erect-
ing a tent there ; nothing occurred that night ;
on the following morning, the 26th of October,
after breakfast, Sergeant Kennedy and con-
stable Scanlan left, to patrol on horseback, and
Lonigan and I remained in charge of the camp ;
Scanlan carried a revolver, and Kennedy had
a Spencer repeating rifle ; Lonigan and I had
a revolver each, and one double-barrelled
fowling piece ; during the day I was occupied
for some time in baking bread, and working
about the tent ; Lonigan was looking after
the horses, and sometimes reading a book ; he
had also two saddle horses and a packhorse to
look after ; Kennedy and Scanlan left about
6 o'clock in the morning ; about 12 o'clock
Lonigan called my attention to some noise in
the creek ; I went down to the creek to
search, and took my fowling-piece ; I could
not find the cause of the noise, and thought
it was a wombat ; on my way back I fired two
shots at parrots; I reloaded the gun with
small shot, and placed it in the tent ; about
four o'clock in the afternoon, Lonigan and I
kindled a large fire to guide Kennedy and
Scanlan, and prevent them from getting
bushed ; this fire was lit about twenty yards
from the tent, and was at two logs which
crossed each other ; about ten minutes to
five o'clock I went to the tent, for a billy to
make tea ; I had the tea made, and Lonigan
was standing on the opposite side of the fire,
when I suddenly heard some voices calling
out, " Bail up, hold up your hands ;" I
quickly turned round, and saw four men, each
armed with a gun at his shoulder, and point-
ing it in front of myself ; I noticed the man
on the right of the party particularly, and
saw that his weapon was in a fair line for my
chest ; I was unarmed, and held out my arms
horizontally ; I then saw the same man point
the gun, more to his right, and fire ; he fired
at Lonigan, who had started to run towards
a tree ; he was about fourteen yards from
Lonigan when he fired, and I heard Lonigan
fall immediately the shot was fired ; he had
only run four or five steps; I heard him
breathing stertorously and heavily ; the man
on the right of the party was the prisoner
at the bar ; the bushrangers were in a line,
two or three yards between each other ; when
the prisoner had discharged his gun he threw
it into his left arm, put his right hand behind
his back, drew a revolver, and called out,
" Keep your hands up;" I raised my hands
above my shoulder ; at this time the revolver
and the fowling-piece were both in the tent;
the prisoner and the three others rushed up
to where I was standing, and stood at a dis-
tance of about three yards from me, and
covered my chest with their firearms—three
of them with guns, and the prisoner with a
revolver ; prisoner said to me " Have you got
any firearms ?" I replied I had not ; Loni-
gan was plunging along the grass very
heavily, and as the bushrangers rushed up to
me he said, " Oh Christ, I'm shot ;" the pri-
soner was within hearing distance ; six or
eight seconds afterwards Lonigan ceased to
struggle and to breathe ; a few minutes after-
wards I saw him stretched out on his back,
and that he was dead ; when I replied to the
prisoner that I had no firearms, he asked
" Where is your relvolver?" I said it was at
the tent ; he then said to his mates, " keep
him covered, lads ;" they kept me covered
with their guns, and the prisoner himself
searched me ; he passed his hands all
over my body, and under my coat ;
finding nothing on me, he jumped
across a log to where Lonigan was lying ; he
remained away a moment, and then returned
with Lonigan's revolver in his hand ; he said,
" Oh, dear, what a pity that man tried to get
away ;" one of the others (Dan Kelly) said,
" He was a plucky fellow ; did you see how
he caught at his revolver;" and he moved his
hand at the same side as Lonigan had done ;
the prisoner went over to the tent, and in the
meantime the other three had lowered their
firearms, but still kept them pointed in my
direction ; when he returned from the tent he
had my revolver, and he told his mates to let
me go ; they then all went to the tent, and I
remained standing near the fire ; Daniel Kelly
returned to me with a pair of handcuffs ;
Edward Kelly came up at the same time, and
I heard his brother say, " We will put these
upon the — ;" I appealed to the prisoner,
saying " What is the use of putting these on
me ; now can I get away while you are all
armed ?" the prisoner said to Dan, " All
right—don't put them on him, this (tapping
his rifle) is better than handscuffs ;" then
turning to me, he said, " Mind you don't try
to go away, because if you do I will shoot
you ; if I had to track you to the police
station I would shoot you there ;" Dan re-
marked, " The — would soon put the hand-
cuffs on us if they had us ;" we then went to
the tent ; they called upon me to go in with
them ; I recognized Edward and Dan Kelly
from the description and a photograph we had
of Edward Kelly ; when I arrived at the hut the
prisoner was sitting outside the tent, with his
gun across his knee ; the other three were in-
side the tent ; prisoner said to me " This is a
curious old gun for a man to be going about
the country with ;" I replied " It is, but
perhaps it is better than it looks ;" he then
said "You might well say that, for I will
back it against any gun in the country—I
can shoot a kangaroo at 100 yards ;" it was
an old short-barrelled gun ; it seemed to be
rifled, and the stock and barrel were tied to-
gether with a waxed string, which covered
three or four inches ; at this time the priso-
ner took possession of the fowling-pieces I
had left in the tent ; he then said to me
" Who is that over there ?" pointing to the
body;" I replied, "That is Lonigan ;" he
said " No, that is not Lonigan, for I knew
him well ;" I repeated " Yes, it is Lonigan,"
when he then said, " Well, I am glad of that,
for he gave me a hiding in Benalla once ;"
Dan remarked, " He will lock no more of us
poor — up," at which the prisoner
smiled ; I identified one of the two others as
Joseph Byrne, whose body I saw at Glen-
rowan ; Byrne asked me to have a drink of
the tea I had made ; I did so, and then they
all, with the exception of the priso-
ner, took some of the tea ; before
they did so, the prisoner asked " Is
there any poison about here;" I said,
" No, why should we have poison ?" whilst
the other three were having some tea, the
prisoner took the cartridges out of the fowl-
ing pieces, picked out the ends of them, threw
away the shot, placed a bullet in each cart-
ridge, and reloaded the gun ; he then said to
Byrne, " Here, you take this gun and give me
yours ;" they accordingly exchanged ; Byrne's
gun was very old ; the prisoner had now two
guns, and he said to me, " There is one of
these for you if you don't obey me;" Byrne
asked, " Do you smoke, mate ?" and I replied
" yes ;" he then said, "Light your pipe and have
a smoke with me," and I did so ; the prisoner
asked me for a bit of tobacco, and I gave him
some ; all this had only occupied some ten or
fifteen minutes ; the gang kept possession of
their guns all the time ; about this time
prisoner said, " That will do now, lads ; take
your places ;" he went himself close to the
fire, taking the two guns with him ; the fourth
man Hart remained in the tent whilst Byrne
and Kelly went on to some spear grass which
was growing on the outside of our camping
ground ; it was on the same side that the gang
made their first appearance ; I lost sight of
Byrne and Dan Kelly in the spear grass ; the
prisoner concealed himself by kneeling down
behind a large log near the fire ; immediately
after he had concealed himself he called me
over, and pointing to the front of the
log which concealed him, said, " You stand
there ;" the log was about three feet high ; I
went up, and we had a conversation ; the pri-
soner asked who showed us to this place ; I
said no person showed it to us, it is well
known to all the people about Mansfield ; he
then asked " How did you come here ?" I
replied, " We crossed Holland's Creek, and
came on in a straight line ;" he then inquired
" What brought you here ?" and I said " You
know very well who we are ;" prisoner said,
" I suppose you came after me," and I re-
plied " No, I don't know that we did come
after you ;" he said " You came after Ned
Kelly then ;" and I answered, " Yes, we came
after Ned Kelly ;" he then said, " Yes, you
came to shoot me, I suppose;" "No," I re-
plied, "but to apprehend you ;" "Then why
did you bring so many arms and so much am-
munition ?" he inquired ; to which I replied
" We brought the fowling pieces to shoot
kangaroos ;" he next asked who was shooting
down the creek that day ; I said " It was me
shooting at the parrots ;" " That is very
strange," he remarked, " did you know we
were there ?' I replied, " No, we did not
think that we were within ten miles of you ;
we thought you were there" (pointing in the
direction of Greta) ; he then asked when
Kennedy and Scanlan were to return to the
camp ; he had asked me where they were after
he returned from Lonigan's body ; in reply to
his last question I said, " I do not think they
will tonight, as I think they must have got
bushed ; " he asked, " Which direction did
they go in?" I pointed north-west, in the
direction of Benalla, and said they were
there ; the prisoner said, " That is very
strange, but perhaps they will never come
back, for there is a good man down the creek,
and if they call on him you may never see
them again ;" he inquired their names and
stations, and said " Sergeant Kennedy, of
Mansfield, and constable Scanlan, of Be-
nalla ;" he said, " I have never heard of
Kennedy, but I believe Scanlan is a flash
dog ;" I asked, " What do you intend doing
with them ? Surely you don't intend to shoot
them down in cold blood ; if you do I would
rather be shot a thousand times myself than
tell you anything about them ;" he replied,
" Of course, I like to see a brave man ; you
can depend upon me not shooting them if you
get them to surrender ; I will shoot no man
who holds his hands up ;" I asked, " Do you
intend to shoot me?" he replied, " No ; what
would I want to shoot you for ? I could have
done so half-an-hour ago when you
were sitting on that log if I wanted ;
at first I thought you were constable Flood ;
it is a good job for you that you are not, be-
cause, if you had been, I would not have
shot you, but would have roasted you in that
fire ; there are four men in the police force,
if ever I lay hands on them I will roast them,
they are Fitzpatrick, Flood, Steele, and
Straughan ; he has been blowing that he
would take me single-handed ; how are these
men armed ;" I said, " In the usual way ;"
he asked what I meant by that—" Did they
have revolvers ;" I said " Yes ;" he then
asked, " And haven't they got a rifle ;" I
hesitated, and he said, " Come now, tell the
truth—if I find you out in telling a lie I will
put a hole through you ;" I then said " Yes,
they had got a rifle ;" he then asked, " What
sort is it, breechloading ?" I replied " Yes."
"Well," he said, "it looks like as if you
came to shoot me ;" I said, " You
can't blame the men, they have their
duty to do ;" he replied, " You have no
right to go about the country shooting
people ;" he then inquired, "What about
the Sydney man ?" I knew he referred to
the murder of sergeant Wallings, and I said,
" He was shot by the police ;" to which he
replied " If the police shot him, they shot
the wrong man ; I suppose some of you
will shoot me some day, but I will make
some of you suffer for it beforehand."
At this stage the Court was adjourned
until next day at 10 o'clock. Before Mr.
Foster left the bench, Mr. Gaunson made
an application for an order to allow Mrs.
Skillian to see the prisoner in gaol. Mr.
Foster replied that he would be happy to
have an interview with Mr. Gaunson on the
subject during the evening. Subsequently
Mr. Gaunson applied privately to Mr. Foster
for an order to admit Mrs. Skillian to the
prisoner's cell, but he was again unsuccessful,
and has now telegraphed for authority to the
Chief Secretary.
The Evening News, of Saturday, publishes
the contination of constable M'Intyre's evi-
dence :—
Beechworth, Saturday.
The police-court investigation of the charge
against Edward Kelly for the murder of con-
stables Lonergan and Scanlan was resumed at
the Beechworth police court this morning,
beore Mr. Foster, P.M. The interest in the
proceedings was evident by the crowd that
assembled outside the court, and clamoured
for admittance. The doors, however, were
kept closed, and none but those provided with
passes were admitted. As on the previous
day, the gallery was reserved for ladies, and
was filled. Mrs. Skillion, accompanied by
Tom Lloyd and Dick Hart, was in attendance
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 appeared armed with piles of
newspapers having reference to the transac-
tions of the Kelly gang. Mr. Gaunson, be-
fore the case was called on, said that he
desired to call attention to the statements
made in the press. In the Argus were re-
marks 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— Fitz-
patrick 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 police-
man go. If he let me go, he said, I must
leave the police, for he 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 surrender. 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 look-
ing down the creek, and I saw a chance of
getting one of the guns. I made a stop
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
Scanlon 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 Kennedy and Scanlon
appeared, on horseback. The horses were
walking very slowly. I don't remember that
prisoner said anything more to me. Kennedy
was about a dozen yards in advance of Scan-
lon. 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." Ken-
nedy 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 forward running
with guns in 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 Scanlon. I again looked at
Kennedy, and saw him roll on his face on his
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. Scanlon pulled
up about 30 yards from where the prisoner
was concealed, and was in the act of dis-
mounting 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
Scanlon falling, I expected no mercy for any
of the party, so I caught and mounted Ken-
nedy'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 Scanlon's coat immediately
after the shot I have spoken of, and he laid
over on his back. I rode away northerly to-
wards Mansfield, until I got 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
Mansfield. 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 re-
ported what had occurred to sub-in-
spector Pewtress. He organised a search
party of police and others, and accom-
panied 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, including arms and
ammunition. All we found were the tin
plates. Mr. Pewtress came out in charge
ot the party. Dr. Reynolds arrived about
daylight. He is the medical gentleman who
afterwards made the post mortem examina-
tion. I showed the two bodies to him. We
removed the bodies to Mansfield. The doc-
tor 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. Reynold's gave evi-
dence. I saw some bullets. I saw one bul-
let 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 enquiry on that body.
Kennedy had a gold watch when he started
with this party from Mansfield. 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 Mansfield
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
billiousness. When I arrived at Glenrowan
on the 28th June last the prisoner had been
arrested. Mr. Smythe : " You had a conver-
sation 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 questions. 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 ques-
tions. 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
for Mr. Gaunson to wait and take his objec-
jections after he had heard the questions.
Witness continued : I went to the lockup at
Benalla and saw the prisoner there. Mr.
Gaunson : " Did you arrest the prisoner ?"
Witness : " No." Mr. Gaunson : " Did he
send for you?" Witness: "No." Mr.
Gaunson protested against the blackguardly
and brutal nature of this proceeding, the
police sent to a wounded man for the purpose
of getting him to commit himself. He ven-
tured 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
evidence 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 continued : " When I saw the pri-
soner in the Benalla lockup senior-constable
Kelly was with me, and he said to prisoner,
'Do you know this man, Ned?' Prisoner
said, ' No, is it not Flood ?' I said, ' You
took me for Flood the last time we
met.' The prisoner then recollected 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 revolver
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 Rich-
mond depot on the Friday following the
murders. I volunteered to go to Glen-
rowan ; I volunteered to the Commissioner at
the Spencer-street railway station. Had a
conversation with him on the railway at Glen-
rowan. He said to me, " Can you identify
this man, M'Intyre ?" 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 present 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. Nobody 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. The lock-up
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 conversation
with Senior-constable Kelly after the in-
terview with the prisoner. Senior-constable
Kelly did not tell me whether he had my
notes of the interview. I sleep in the police
barracks here. I slept there last night. The
night before I slept in the Beechworth goal.
I wrote out my brief of the whole case and
gave it 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 the
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 in
Mansfield on Sunday afternoon. It was
in writing, and was either to Sub-inspec-
tor Pewtress or Superintendent Sadlier. No
one superintended my composition of the
report. I know I said he was a clerk in the
Superintendent's office. He would see my
report. I am not responsible for what ap-
peared 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
my first report that I stated, or at least, I
should have stated, that Ned Kelly shot
constables Lonergan and Scanlon. 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
photograph in sergeant Kennedy's possession ;
it was on a discharged prisoner's document
from Pentridge. I swear I did not tell Kelly
that I knew Fitzpatrick had perjured him-
self. I do 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 pro-
stration. 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,
purporting to be photographs of the prisoner.
We went to the Wombat Ranges to arrest
Edward Kelly for attempting to murder con-
stable 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 expected resistance but not attack.
We left Mansfield at about five o'clock on the
Friday morning. It was not then fully day-
light. 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 re-
turned without firing. I was in this court
during part of the trial of the prisoner's
mother, his brother-in-law, and a 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 an infant at

the breast. I did not hear at the Wombat
that Mrs. Kelly and her infant were twelve
months in the Melbourne gaol. There was a
reward of £100 for the arrest and conviction

of Edward Kelly when we went to the Wom-
bat. 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 dismissed ; but even though
he possessed these qualities, he might have
been guilty of some indiscretion that procured
his dismissal. Fitzpatrick was the only wit-
ness 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 October, 1878. There was
a warrant out for him for horse stealing. I
knew nothing about any information as to the
whereabouts of the Kellys. I simply accom-
panied sergeant Kennedy's party. We were
not in uniform. We were in plain clothes,
something as I am dressed now. We were  
not disguised as diggers. We are neither
afraid or 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 dare say 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— Fitzpatrick is the cause of all
this." I don't remember saying " I know
that," but did say " You can't blame us." I
will not swear that 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 occurred. I wrote it down to
refresh my memory immediately after I got
to Melbourne. The moment after Kennedy
got off his horse I mounted it and rode off.
As soon as I saw the horse abandoned I seized
the horse and cleared. The thought never
entered my head until I saw the horse aban-
doned. 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 conversations
with some of my comrades. So far as

I can recollect, I have not heard any
express a desire to see him sen-
tenced to death. Sergeant Steele had
not expressed any desire to me as to
the sentence of death. If I have had a
conversation it has escaped my memory. Mr.

Gaunson concluded his cross-examination
with M'Intyre with the remark, " Well, sir,
I'll lead 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 ad-
journed for an hour for luncheon. In reply
to his telegram sent to the Chief Secretary
yesterday, Mr. D. Gaunson had received a
message from the Under-Secretary, Mr.
Odgers, stating 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 had a plant some-
where in the ranges, and would like to let it
be known to his sisters. On resuming
at two 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 M'Intyre was re-
called, and Mr. Smythe asked that the witness
might he 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 at-
tention to these. M'Intyre 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 your
horses and arms." I do not think I ever said
that Scanlan was dropped against a tree. I
was annoyed by reporters. They would
suggest a question, and take anything for an
answer. I thought there was too much pub-  
lished in glorification of the Kellys, and
intended in that way, I had very little con-
versation with any of the four men, excepting
the one. I have sworn to the conversation
between the prisoner and myself 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
unloaded, but was freshly loaded by Kelly, and
given to one of his mates in exchange for a
single-barreled gun. Kelly contented him-
self with two shots from guns at the time.
Dan Kelly carried a single barreled piece.
I was never concerned 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 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 man, and I 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 under-
take 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 described 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 intention to get the men to sur-
render, but when I saw Scanlon shot I deter-
mined to make my escape, if possible. I saw
Kennedy fired at, but after that I do not
know who fired the shots I heard, or who
they were fired at. Have not seen any of theae
guns since." This concluded M'Intyre's
evidence, the reading of which will occupy
some time, but this was postponed in conse-
quence of the witness not being well enough
to listen to it. Samuel Reynolds, a legally
qualified medical practitioner, residing at
Mansfield, deposed : " I was present at a
magisterial inquiry on the body of Thomas
Lonergan, and I had previously seen the body
on the day before, about three o'clock in the
morning at Stringy Bark 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 examina-
tion 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 eye-ball I
traced through the eyeball and into the brain.
I did not extract the bullet, but satisfied my-
self 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'Intyre), who pointed the
body out to me as that of Lonergan. I also
made a post mortem examination of the body
of constable Scanlon. To Mr. Gaunson :
One wound was a mere graze ; it was a minor
wound, and it was a supposition that it 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 con-

siderable time.

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