Ned Kelly Trial: Capital Case File and report to the Governor.

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Ned Kelly Trial: Capital Case File and report to the Governor. is associated with Melbourne located at these coordinates -37.809575, 144.965186


Description:
The capital case file documents the action taken by the Government to review the mandatory death sentence imposed for guilty verdicts for capital offences with a view towards determining whether a recommendation should be made to the Governor for the death sentence to stand or be commuted to a lesser one. The Kelly capital case file includes the notes made by Judge Redmond Barry during Kelly's trial.

To get a complete picture of what happened during the trial it is necessary to refer to other sources, such as the reports carried by the Argus and the Age on 30 October 1880.

Kellys defense attorney was the inexperienced barrister Henry Bindon. In reply to the long parade of Prosecution witnesses (see the Prosecution brief) Bindon mustered the simple defense that McIntyre was the only person present at the shooting and thus the only person whose evidence truly counted. He also attempted to cast doubt on Kellys admissions by questioning the impartiality of the witnesses and forcing the admission, where he could, that Kelly might have been overstating his guilt in order to shift blame from others.

This defense had little weight. In his summary, Judge Redmond Barry pointed out that Kelly had the opportunity to make an unsworn statement in his own defence, which he had not made use of. He directed the jury that a verdict of manslaughter was not possible in this case - it must be a verdict of guilty of murder or an acquittal. The jury took half an hour to come back with the guilty verdict.


Record Citation: VPRS 4966 Consignment P0 Unit 2 Item 4 Record 15 Document: Report for His Excellency the Governor.
Record URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewSeries&entityId=4966
Agency: VA 2825 Attorney-General's Department (previously known as the Law Department)
Agency URL: http://www.access.prov.vic.gov.au/public/component/daPublicBaseContainer?component=daViewAgency&entit, capital case fileyId=2825
Date: 1880
Record Type: Capital Case File
Event Type: Trial
Language: en
Copyright URL: http://prov.vic.gov.au/copyright
Related Resource URL: http://prov.vic.gov.au/exhibitions/ned-kelly/the-kelly-story/brought-to-justice
Thumbnail URL:
User Tags: horse stealing, lonigan, capital case file




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04966-P0000-000002-0040-150-001.jpg


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04966-P0000-000002-0040-150-002.jpg N

9020

[Letter to Mr ? 28/9/80]

For the information of the acting C. C. Police [signature unreadable]

M? 2579180

A8972

The Superintendent of Police

[Two saddles taken from Ned. Kelly handed over to Mrs Skillion 2.10.80]

1957 Police Department, CHIEF COMMISSIONERS OFFICE, Melbourne 24th Sept 1880.

Memo. Referred to Supt for report. Reply wanted here early on Monday. C.H. Nicolson Acting C. C. P.

Supt Sadlier Benalla

A8962

Is there a saddle of this description amongst those found by the police at Glenrowan?

Supt Nicolson 2575180

The two saddles described are here one of them has nt stirrups leathers or ? on it. [signature unreadable]


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04966-P0000-000002-0040-150-003.jpg Copy Regina V. Edward Kelly

Murder

Report for His Excellency the Governor of Victoria

Sir, I have the honor to report in the information of your Excellency and the Executive Council that the Prisoner was tried before me on Thursday and Friday in this week for the Wilful murder of Thomas Lonigan a Constable at the Wombat Ranges Creek on Saturday the 26th of October He was found Guilty and Sentenced to death The History of the Prisoner during the last two years and


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04966-P0000-000002-0040-150-004.jpg the numerous criminal acts with which he admitted on several occasions to different people he was connected are sufficiently well known to render it unnecessary for me to say more than that the case was amply proved and that I see no reason whatever to recommend that the sentence should not be carried with execution

My notes of the evidence will be forwarded without delay I have the honour to be Your Excellency most obedient servant

Redmond Barry, Senior puisne Judge of the Colony of Victoria Supreme Court Oct 30th 1880


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04966-P0000-000002-0040-150-005.jpg Michael

Edward

Thursday October 28th 1880

Regina V Edward Kelly Murder of Thomas Lonigan For. Crown ????Chomley For Prisoner ? Beridon


Detective Melbourne

Warrant to arrest Edward Kelly of Greta for Horse stealing produced signed by Mr. McLeary F. G. for Northern Bailiwick - Prisoner is the man charged with Horse stealing. Warrant to apprehend Daniel Kelly at Greta Produced 5 April 1878


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04966-P0000-000002-0040-150-006.jpg XX signed by C. G. Dawall J.P. northern Bailiwick for Horse-stealing. Daniel is the brother of the Prisoner- I knew him he met his by burning on 28th June 1880 at Glenrowan same morning as the prisoner was arrested

This is the first time I've given evidence in this case since 9th of September 1878 to 28th June 1880 I've been employed in pursuit of the Kelly Gang in the North Eastern District chiefly in the Ranges


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04966-P0000-000002-0040-150-007.jpg Patrick Day Constable at Benalla

Warrant to apprehend Edward Kelly produced 16. Apr. 1878 signed Francis Donnelly J. P. by virtue of his office produced- Wounding with intent to murder Edward Fitzpatrick at Greta Warrant to apprehend Daniel Kelly accessory to Edward Kelly when latter did wound Edward Fitzpatrick then a Constable. Daniel Kelly brother to Prisoner Warrant signed - McDonnell


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04966-P0000-000002-0040-150-008.jpg XX

Thomas McIntyre

I do not know why FitzPatrick left the Police he was not stationed at Benalla when he left.

Constable stationed at Mansfield left Friday 25th of October with Sergeant Kennedy who was in command of a party consisting of Michael Scanlon - Thomas Lonigan and Thomas McIntyre (myself). to search for Edward Kelly the Prisoner Daniel Kelly his brother on a charge of attempting


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04966-P0000-000002-0040-150-009.jpg to murder Constable FitzPatrick It was notified in Police Gazette. that warrants had issued for their arrest we were in plain clothes we got about 20 miles from Mansfield on the Wombat Ranges 2 PM. camped there had a tent in a small cleared spot of 1 or 2 acres in the middle of a thick forest, 2 or 3 trees had been felled, dead logs were lying on the ground - Photograph of the place produced we remained there that night.


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04966-P0000-000002-0040-150-010.jpg On Saturday the 26th before 6 A.M. after breakfast - Sergeant Kennedy and Constable Scanlan each with a revolver and the sergeant with a Spencer Rifle went on horseback to patrol the country, I and Lonigan remained in camp we had three horses left our own 2 and a pack horse they were hobbled. Lonigan and I had each a revolver also a double barrelled fowling piece. During the day I was cooking, Lonigan looked after the horses - about noon he drew my attention to


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04966-P0000-000002-0040-150-011.jpg a noise down the creek I took the fowling piece, went down the Creek saw nothing the forest is thick with some scrub I shot 2 parrots returned to camp reloaded fowling piece with shot cartridge at 4 P.M. I asked Lonigan to assist in building a fire to guide the men in coming back the men had not come back there are many creeks in that part of the country - 2 large logs were thrown across each other 20 yards from our tent, fire extended


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04966-P0000-000002-0040-150-012.jpg up to them, at 4.50 P.M. fire was completed and burning I was standing close to the junction of the 2 logs Lonigan at the opposite side of the fire and a log between him and me about 3 yards distant - I was unarmed my revolver was hanging in the ridge pole of the tent outside the fowling piece being in the tent. Lonigan had his revolver in his belt under his coat not seen - I had my coat on - tall spear grass on South side of the fire 5 feet high 35 yards


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04966-P0000-000002-0040-150-013.jpg off my back was to the spear grass - I was standing with my face to the fire I heard voices, more that one cry "Bail up hold up your hands voice was from the spear grass. I turned suddenly round saw 4 men standing each armed with a gun presented at Lonigan and me- Prisoner was on the right of attacking party and on my left they were partly concealed by the spear grass Prisoners gun was in fair line for my chest I threw my hands out horizontally - (shows how)


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04966-P0000-000002-0040-150-014.jpg Lonigan was on my left behind - Prisoner moved his rifle from direction of my chest to his right in direction of Lonigan & fired it - I saw by a glance shot had taken effect on Lonigan for he fell - ion falling he said nothing for 6 or 8 Seconds afterwards on the ground he said Oh. Christ - I'm shot - that was the only shot fired at that time all 4 advanced on me at a run crying keep your hands up. Prisoner threw his gun into his left hand


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04966-P0000-000002-0040-150-015.jpg drew a revolver from under his coat at his back and pointed at me the other 3 kept their guns pointed at me and came to within 3 yards of me, Prisoner covered my chest with his revolver the other 3 their guns- Prisoner said "have you any fire arms" - I said "I havenot - Pris "Where's your revolver" - I said "at the tent" Pris "keep him covered lads" they did, he searched he put his revolver into its case passed his hands under my coat down my trousers, found no


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04966-P0000-000002-0040-150-016.jpg arms - I heard Lonigan breathing heavily then, in a short time he ceased to breathe - Prisoner jumped across the log went in the direction where Lonigan's body was lying I was still covered; (he (Lonigan) had run some 5 or 6 yards and struggled on the ground) in a few seconds Prisoner came back with Lonigans Revolver and said "Dear Dear what a pity that man tried to get away - Dan Kelly said "he was a plucky fellow you saw how he tried to get his


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04966-P0000-000002-0040-150-017.jpg revolver - Prisoner went to the tent the 3 others remained with me, lowered their fire arms Prisoner tooke the revolver and fowling piece from the tent and came back said to his mates let him go the 4 went towards the tent went in - Dan came out and over to me with a pair of handcuffs. said to the Prisoner we'll out these on the B- Prisoner came on behind - I said whats the use of your putting these on me, how can I get away and you all


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04966-P0000-000002-0040-150-018.jpg around as you are. Prisoner said all right don't put them on" and turning to me "Don't try to get away; if you do I'll shoot you if I have to follow you to the Police Station - tapping his gun he said this is something better than handcuffs Pris said where are the others - I said they are out. Dan said the B- would son put the handcuffs on us if they had us - they went then to the tent to the other 2, I was left standing in the same position they called me over Prisoner had in his hand the gun with which he had


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04966-P0000-000002-0040-150-019.jpg shot Lonigan - he was sitting down he said - this is a curious old gun for a man to carry about the country" I said "Its perhaps better than it looks." Prisoner said "You might say that I'll back it against any gun in the country - I'll shoot a Kangaroo at 100 yards with it It was a shot gun it was a the barrel and stock were held together with string - he loaded his own gun with 1 ball took the fowling piece drew cartridges


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04966-P0000-000002-0040-150-020.jpg picked out and threw the shot away - loaded each barrel with bullet gave it to Burns - I saw his body dead 28th 9th June at Glenrowan - I never had seen the 2 Kellys before, but had recognized them by description family likeness to mother and sisters and Photographs - Prisoner nodding in direction where Lonigans body was lying asked who he was - I said "that's Lonigan Prisoner said "no that's not him know him well - then - o yes that's Lonigan


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04966-P0000-000002-0040-150-021.jpg Im glad of that for the B gave me a hiding one day in Benalla - the 4th man was Hart. I knew Lonigan had assisted to arrest the Prisoner a few days before in Benalla- Dan said He'll lock no more poor Bs up- I had tea ready at the fire - Burns said to me will you have a drink of tea went to fire poured me our a pannikin of tea - Prisoner said is there any prison about here - I said no and drank the tea they then drank also


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04966-P0000-000002-0040-150-022.jpg the 3 others not the Prisoner had bread and ham - they asked for tobacco I gave them some, they smoked - Prisoner gave my fowling piece to Burns and said "take that" he had two he said "one of these is for you if you don't obey me" to the others he said take your places lads. 2. Burns and Dan went into the spear grass, Hart into the tent Prisoner to the fire I remained standing in my position Prisoner called me to the fire I went - he was


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04966-P0000-000002-0040-150-023.jpg kneeling on one knee- Prisoner said who showed you this place I said no person its well known to all the people about Mansfield (When stooping behind the log Pris could not be seen from the other side - I was at the other side form him his head was above the log).


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04966-P0000-000002-0040-150-024.jpg I said you know very well who we are. Prisoner What brought you here I suppose you came after me - I said no I don't know we did come after you. Pris well I suppose you came after Ned Kelly - I said yes we came after him. Pris Yes and you Bs came to shoot me I suppose - I said "no we did not come to shoot you we came to apprehend you Prisoner then why did you bring so many fire arms and so much ammunition - I said we only brought the fowling piece


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04966-P0000-000002-0040-150-025.jpg to shoot Kangaroos with Prisoner said Who was that shooting down the Creek Today I said I shooting a parrot Prisoner that's very strange did you not know we were here- I said no we did not think you were within 10 miles of this place -


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04966-P0000-000002-0040-150-026.jpg I pointed NW in direction of Benalla- Prisoner said well that's very strange, there's a good man down the creek if they fall in with him perhaps you'll never see them again - Prisoner said "What are the names and stations of the men I said. Sergeant Kennedy of Mansfield, Constable Scanlon of Benalla - Prisoner "I never heard of Kennedy I believe is a flash fellow. I said what do you intend to do with the men, surely


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04966-P0000-000002-0040-150-027.jpg you don't intend to shoot them down in cold blood for if you do I'd rather be shot 1,000 times myself than tell you anything about them Pris said "Well I like to see a brave man and you can depend on me not to shoot them but you must get them to surrender I will not shoot any man who will hold his hands up and surrender - I said what are you going to do with me are you going to shoot me? Pris said "no what am I going to shoot you for


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04966-P0000-000002-0040-150-028.jpg I could have shot you ½ hour ago if I wanted to when you were sitting on that log before we came up at first I thought you were Flood and it's a good job for you you are not for if you had been I'd have roasted you upon that fire there are 4 men in the Police Camp and if ever I lay hands on them I'll roast them Flood, Fitzpatrick, Steele & Strong he has been blowing about Greta he'll take me single handed - how are these men armed? I said "in


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04966-P0000-000002-0040-150-029.jpg the usual way" Prisoner said "What do you mean by that, have they got there revolvers - I said "Yes." Pris have not they got a Rifle I did not reply. Pris come mind what your about tell the truth for if I find you telling a lie I'll put a hole in you. I said yes they have a Rifle - Prisoner said what sort is it? a breech loader - I said "Yes" Prisoner said well that looks very like as if you came out to shoot me - I said you cannot


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04966-P0000-000002-0040-150-030.jpg blame the men you know they have their duty to do and they must come out as they're ordered - Prisoner "they're not ordered to go about the country shooting people what became of the Sydney man the man who murdered Sergeant Wallace - I said he was shot by the Police Prisoner said if the Police shot him they shot the wrong man - I suppose some of you B- will shoot me some day but before you do I'll make some of you suffer for it, that


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04966-P0000-000002-0040-150-031.jpg B-dy FitzPatrick is the cause of all tis for those people lagged at Beechworth the other day had no revolvers in their hands no more than you have present in fact they were not there at all these nodding towards the other three are the men who were there - I said you cannot blame us for what FitzPatrick has done to you - Prisoner no but I almost swore after I let him go I never would let another go - if I let you go now you'll have to leave


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04966-P0000-000002-0040-150-032.jpg the Police force. I said I will my health has been rather bad I intend going home, what will you do with these men if I get the to surrender - Pris said You'd better get them to surrender for if they get away we'll shoot you but we don't want to shoot you we only want the horses and the fire arms - we'll hand cuff you all night as we want to sleep here ourselves and allow you to depart on foot in the morning


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04966-P0000-000002-0040-150-033.jpg During this conversation he was looking down the creek - I made a short step towards Prisoner to snatch one of the guns Hart in the tent said Look out Ned the B will be a top of you - Prisoner said You'd better not mate if you do you'll soon find your match - You know there are not 3 men in the Pol force who can match me are there any others out - I said theres another party of police out under charge of Sergeant Steele.


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04966-P0000-000002-0040-150-034.jpg About 5.30 or 6 P.M the other men came in night. Prisoner and I saw them simultaneously Prisoner said Hist lads I hear them coming - The men came from the North on Horseback a 100 yards off. Prisoner stooped picked up one of the guns - the Sergeant was 12 yards in advance of Scanlon Prisoner said to me "you go and sit down on that log mind you give no alarm or I'll put a hole in you I did so I sat on the log 10 yards off. When the men


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04966-P0000-000002-0040-150-035.jpg came within 30 or 40 yards I got up and said to the Sergeant when within 5 or 6 yard "Sergeant you're surrounded you'd better surrender Prisoner rose at a distance of 18 or 20 yards and said "Bail up" the sergeant smiled put his right hand on his revolver Prisoner fired from behind the log - the shot did not take effect - the 3 others came out of their hiding place cried out Bail up, throw up your hands" Prisoner threw down the empty gun took up the one loaded


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04966-P0000-000002-0040-150-036.jpg Sergeant was on his horse standing still. Scanlon 12 or 14 yards behind, in the act of dismounting fell on his knees on the ground the rifle was over his shoulder he tried to get hold of it, missed his footing, staggered, fell on his hands and knees saw him hit under the right arm all 4 fired about the same time Prisoner covered him, he fell on his back did not move. I saw a large blood stain on his coat immediately after the shot was fired


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04966-P0000-000002-0040-150-037.jpg When the Sergeant saw men approaching him he threw himself down of the horses neck and rolled off on off side. He was not directly in line between the 3 men and Scanlon


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04966-P0000-000002-0040-150-038.jpg spent night in the bush I reported the affair - another party was organized started at 6 P.M. reached the same spot 2 AM n Monday found the bodies of Lonigan and Scanlon in the same position as I had left them pockets were turned out nothing found -


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04966-P0000-000002-0040-150-039.jpg had a gold watch saw it the night we arrived - he wound it up in the tent I did not see prisoner until he was captured at Glenrowan FitzPatrick was a constable a warrant was out against Prisoner for an attempt to murder him - Skillion Williamson & Prisoners mother were tried at Beechworth June 1878 I was there, I went to Glenrowan 28th June 1880 Monday 8 P.M. I arrived after arrest saw dead bodies of Hart Burns & Dan Saw Prisoner in room railway Station - Tuesday in Benalla


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04966-P0000-000002-0040-150-041.jpg Yes he said he'd rather be shot himself than bring the other 2 men into it if they were going to be shot - I said "When I turned suddenly round & saw you - you had my chest covered - Pris Yes I had" I "as soon as I held up my hands you moved your rifle and shot Lonigan Prisoner said "No Lonigan got behind some logs and pointed his revolver at me" I said " that's only nonsense did the Sergeant fire many shots at you - Prisoner "Yes he


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04966-P0000-000002-0040-150-042.jpg fired a lot must have nearly fired 2 Rounds - I said I did not see him firing any - Pris', "O well he did then - I said why did you come near us at all you knew where we were and could have easily kept out of the way - Pris "You'd soon have found us out and if we did not shoot you you'd have shot us besides we had bad horses they were poor, and had fire-arms, we wanted to make a rise - I said do you think I was cowardly?


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04966-P0000-000002-0040-150-043.jpg XXd Prisoner said "No" At the Magisterial inquiry I saw bullet wounds in Lonigan & Scanlon I went out with the party under the sergeant to Stringy Bark Creek to take Prisoner and His Brother - I don't know that I ever saw the warrants against them. I can't sweat that any of our party had a warrant - I had authority of Police Gazette that they were out. Fatal wound to Lonigan in orb orb of right eye- I saw the Prisoner fire


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04966-P0000-000002-0040-150-044.jpg a moment or 2 after he fired I got eval when he fired at Lonigan I was not cool - I saw 2 Photos in possession of the Sergeant before we started from Mansfield taken 4 years before, Prisoner was shaved then We went into an uninhabited country where we did not expect to find any other Persons hut Prisoner and his fellows with him, We were on the verge of Wild country no one lived within it. The Papers said the Prisoner Kelly had accused me of cowardice for that


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04966-P0000-000002-0040-150-045.jpg George Stephens reason I asked him his Opinion - It was from ½ minute to 1 minute of time that the sergeant came in sight till I got away I cannot tell which shot of the volley fired struck Scanlon - The sergeant did not draw his revolver - We had about 30 rounds of spare ammunition we took this because we expected Prisoner would resist Each trooper carries 12 Rounds when on duty. Groom live at Dairy brook In Dec 1878 was at Faithful Creek - Younghusbands Station as Groom


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04966-P0000-000002-0040-150-046.jpg in December 1878 & 3 years before continued 12 months there left him end of 1879 of my own accord went on Detective Duty at Wangaratta and the surrounding country - Euroa is 4 miles from Young husbands 9 Dec 1878 I saw Prisoner I was sitting at dinner table at 1 P.M. Prisoner came to the door and said is Mr. McCauly in. Fitzgerald was at dinner with his wife and me- Fitzgerald said "he is not in Prisoner wheeled away and went out the way he came in


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04966-P0000-000002-0040-150-047.jpg out of the Creek out of the gate I went to the stable John Carson there I heard some one talking looked out saw Prisoner coming with Fitz who said there are the 2 men Pris said perhaps you don't know who I am - I said Perhaps Ned Kelly - Prisoner said you're a d- d good guesser and presented a revolver at me - I said I beg your pardon - Prisoner said "I'm glad you take it in good hart "I want some feed for my horses - I said "all right theres plenty here."


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04966-P0000-000002-0040-150-048.jpg Prisoner then held up his hand 2 men came leading 4 horses - I have not seen the 2 since; they went round to open the stable put horses in a stall - they had a double barrelled gun bruchloader the other a repeating rifle each had a revolver case I said to the Prisoner "How about shooting the Police Pris said we were behind a log I told Dan to cover Lonigan - I'd cover McIntyre Immediately we did so Lonigan made for the logs and tried to draw his revolver


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04966-P0000-000002-0040-150-049.jpg as he went along he got down behind the logs and rested his revolver on the top log and covered Dan I then took my rifle off McIntyre and fired at Lonigan the Ball grazed his temple - Lonigan then went down behind the logs gradually rise up with his ands up when his head appeared above the logs I fired and shot him through the head I then sent 2 men back to our own hut fearing a surprise there - sent Dan over to a green rise to watch for Police coming on


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04966-P0000-000002-0040-150-050.jpg while talking to McIntyre by the fire the men appeared in the open I had just time to fall down by the fire - It was very nigh ? my knees?- McIntyre then went over spoke to Kennedy he smiled I said throw up your hands - Scanlon swung his rifle round & fired at me I then fired Scanlon fell forward on his horses neck - I still kept covered thinking he was shamming, the horse moved he rolled off - during this the Sergeant had


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04966-P0000-000002-0040-150-051.jpg dismounted on off side of his horse and laid his revolver across his horse rump and fired at Dan as he came running in - McIntyre jumped on the Sergeants horse and rode away Sergeant made for a tree and still fired - from that to another firing. The reason was I took up Scanlans Rifle but had to throw it away I did not know how to use it - I still followed the Sergeant, he stepped out from behind a tree & fired I thought I


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04966-P0000-000002-0040-150-052.jpg was done for, the ball grazed me on the ribs I immediately fired and hit him in the shoulder as he was getting back behind the tree he then ran again & I followed when he wheeled round raised his hands (showing how) I shot him through the chest , When I shot him through the shoulder he must have dropped his revolver the blood running down his arm formed into a large clot in his hand which I took for the revolver and knowing he had one shot left - I thought he


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04966-P0000-000002-0040-150-053.jpg was going to fire but found he was throwing up his hands. We all went down to the Kitchen they the 3 men had tea - 2 hours after they came at 3 PM - at night the Prisoner locked us up in the Store 12 or 13 persons, Prisoner and Burn kept guard over us he was in the Kitchen when I went up - We were kept there till daylight - We were in the kitchen Prisoner& 3 others with arms walked about till 2 PM In the morning Prisoner said Im going to do the Bank


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04966-P0000-000002-0040-150-054.jpg at 3PM at Euroa - at 3 P.M prisoner went with the other 2 Burn stopped - Those 2 came back about 6 P.M. they had several women and men Mr. Scott manager of Bank his wife a couple of clerks they a Spring Cart was brought in with Casement McDougall and Tenant ? Hawken Gloster and Beecroft also.


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04966-P0000-000002-0040-150-055.jpg XX Xd William Fitzgerald I went in search of the Outlaws. I was a private detective not a constable. In 1865 I was a constable I was discharged having been absent 2 or 3 days without leave - I was not present when the prisoner was apprehended - I hope to get employment in the police again Two or 3 days after this affair I reported all to Constable Ward Laborer at Tullagalor Upper Murry Employed 9th December 1879


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04966-P0000-000002-0040-150-056.jpg at Faithfuls I was with Stephens at dinner 12.45 PM. Prisoner came to door and asked to see manager - I said he is not in - Prisoner said will he be in in the P.M. I said probably. Pris left after dinner Stephens and I went up towards the stable Carson was there - I went back to the Kitchen - Prisoner was at the door my wife by him- she said this is Mr Kelly we'd better give him what the want - Pris said "Yes that's my name we want something


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04966-P0000-000002-0040-150-057.jpg for ourselves and our horses we wont hurt you we want to make a rise - I said "Very well you can have what you want - Pris said "How many men have you I said 4 - He said don't tell lies or it will be worse for yourself. Where's the other woman besides Mrs. Stephens she left about 11AM. Prisoner said go and show me where the other men are - I took him and showed him Stephens and Carson - Prisoner said to Stephens "Do you


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04966-P0000-000002-0040-150-058.jpg knew who I am - Stephens said "No You might be Ned Kelly" Prisoner said you're a good guesser -(he had a revolver). I don't want to injure any one - want something to eat for myself and my horses" Stephens said "Well heres plenty I got some - 2 of Prisoners men then came up with 4 horses they had revolvers and 1 a rifle they fed their horses in the stall. Stephen said "what about the Police shooting" - I don't remember all I was not paying attention - Prisoner


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04966-P0000-000002-0040-150-059.jpg said I'll tell you all about it "there were two policemen McIntyre and Lonigan We came on them in the afternoon They were preparing tea for two other men. the Sergeant and Scanlon. The two ? men ?; Lonigan made for his revolver to the tent, I'm not sure whether he said I told my brother Dan to cover him with his revolver. Prisoner said I asked where the other two men were. He said they've gone into the bush and will be back soon We heard horses coming. I said get behind the log when they came to MacIntyre said to the sergeant -


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04966-P0000-000002-0040-150-060.jpg surrender you are overpowered the Sergeant smiled ? Scanlon one of the police levelled his piece at my brother Dan I said "down you come" fired and shot him I am not sure of the name of the man. The Sergeant got off his horse on the ? side and fired at me and nearly struck me in the face Const. MacIntyre jumped on the Sergeant's horse and rode away. The Sergeant made for a tree I fired at him. The sergeant fired at me again we did not ? one or the other, I told the Sergeant to throw up his arms he was behind a tree in the act of firing at me I fired hit him in the shoulder. The


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04966-P0000-000002-0040-150-061.jpg Henry Dudley Sergeant ran out to the open held his hands up I thought he was going to fire at me. I fired and shot him. I sent Hart and Byrne after MacIntyre, they came back without him I was vexed with them for not catching him I was all before that - I have been ill since and nervous. Government printing Office 10 December 1878 I and the others had an excursion to Strathbogie there in the Spring Cart one on a saddle horse. A person rode up to the trap. I took him to be a constable in plain clothes he was Kelly the Prisoner. At the railway gate he


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04966-P0000-000002-0040-150-062.jpg said get out. We did to Tennant came up and said what is the matter Harry? I said to prisoner are the Kellys about? Prisoner said yes. I said to Tennant the Kellys are about. Tennant said we will get up and load the guns we got to the gate Stephens was there prisoner said introduce me to these gentlemen they don't appear to know who I am. he took off his hat and said gentlemen allow me to introduce you to Mr Edward Kelly the Bushranger I then began to tumble to it When we got into the yard I was irritable because he had said to me when did you shake the horse


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04966-P0000-000002-0040-150-063.jpg and cart from. I said I am not a thief and never was a thief in all my life. If you repeat this I will report you to your superior officer he gave a smile. in the yard he caught hold of me by the collar of my coat held a revolver to my head and said if you don't hold your tongue I'll blow your bldy Brains out- MacDougal stepped up and said don't shoot the old man prisoner said no I won't if he holds his tongue he had taken out a pair of hand cuffs and threatened I'll put them on him. he put us all in the store room Kept us there till 10 P.M. MacDougal and I were by the


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04966-P0000-000002-0040-150-064.jpg Robert McDougal door which was locked: prisoner opened the door and said is it not bad enough to be a ? out-law without taking such cheek from an old man like you. Taking out a double cased gold watch he said that belonged to poor Kennedy. Which would be the best, for me to shoot him or for the police to shoot me and take my mangled corpse in to Mansfield? You four behaved so badly before you are to be kept till 10 P.M. Warehouseman in Melbourne. Bookbinder Government Printing Office - In December 1878 was with Dudley shooting in the


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04966-P0000-000002-0040-150-065.jpg James Gloster Strathbogie Ranges was in Faithfull's Store room, prisoner, Burns and Dan Prisoner spoke with Dudley and hart - Kept guard prisoner came in as Dudley & I was standing by the door between two and three P.M. Prisoner took out a watch and said. This is a nice gold watch Dudley said yes. Prisoner this is a nice watch it belonged to poor Kennedy was it not better that - I should shoot the police than that - they should carry my body in-to Mansfield a mangled corpse. He had a revolver and a rifle strapped on his back when he stuck us up. Draper and Hawker at Seymour


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04966-P0000-000002-0040-150-066.jpg On the 9th December 1878 about 7 or 8 P.M. was with my dog cart at Faithfull's. Beecroft with me we had camped and gone into the station kitchen we heard that the Kellys were there. leaving the kitchen on of four men called me to come back I went on to my cart prisoner followed and said I am Ned Kelly son of Red Kelly a better man never stood in two shoes. come down or I'll shoot you. I came down. prisoner said I've a great mind to shoot you for not coming back, after supper. About 9 or 10 P.M. I was locked up in the store room with 16 others Kept there


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04966-P0000-000002-0040-150-067.jpg all night. Prisoner and three others were on guard during the night prisoner conversed with any that were awake. Some out of curiosity asked him about shooting the police, prisoner said if there was any shooting I did it I shot Lonigan and also Sergt Kennedy. McIntyre surrendered after he threw up his arms Lonigan ran to a log trying to secure himself behind a log when I fired at him, he then fell after he threw up his arms the shot hit him in the head and killed him I was sorry afterwards that he did not surrender I fought with Kennedy people call me a murderer I now murder anyone. I killed


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04966-P0000-000002-0040-150-068.jpg him in fair fight; as he came up I told him to throw up his arms instead of surrendering he showed fight. During the fight he retreated from tree to tree he must have been a good shot as well as a brave man for one of his shot came through my whiskers. As he was retreating he raised his arm as if to fire at me I hit him under the arm he then fell. I'm sorry I fired that last shot for I think he was about to surrender instead of firing. I after had a long conversation with him and seeing that he could not live from his wounds to end his misery I shot him. It is not murder to


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04966-P0000-000002-0040-150-069.jpg xexd shoot one's enemies. The police are my natural enemies. As we were going to leave the place I did not wish to have him to be torn by wild beasts while dying I though it more humane to shoot him I have stolen a great number of horses 200. if the police had taken me for any of those cases I would not object but that FitzPatrick's case was trumped up against me the police have persecuted me. I was 200 miles away at the time of the alleged shooting at Greta my mother had struggled up with a laye family I am very much ? at the police she was


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04966-P0000-000002-0040-150-070.jpg Frank Beecroft wrongfully imprisoned Fitzpatrick's evidence was perjured my mother had an infant at her breast when taken to jail I did not wish to kill Lonigan but only to take his arms" - my impression was he took the shooting on himself to secure others I and the other prisoners did not use the word murder we were afraid of his revolver. Adjourned at 6 P.M. Friday October 29 - 9. A.M. Regina V. Edward Kelly contd Hawker's Assistant Longwood in Gloster's employ. 9 December 1878 at Faithfull's Creek Young husbands Station stuck up by the Kelly Gang. The


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04966-P0000-000002-0040-150-071.jpg prisoner his brother Dan Hart and Burn. Dan about 19. Hart ditto 15 or 16 were put into a store Kept all night - guarded by the prisoner during the night - he spoke of the murder of the police The prisoner said I came on two camped McIntyre and Lonigan I called to them to surrender McIntyre threw up his hands Lonigan ? to a log I fired at him and shot him in the head I was talking to McIntyre the other two constables returned I called on them to surrender Scanlon made a motion to get his rifle I fired at him he fell halfway off his horse. The Sergt. Had dismounted, whilst I was watching them McIntyre


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04966-P0000-000002-0040-150-072.jpg Xexd escaped The Sergt fired at me and was shifting from tree to tree he then ran into an open piece of ground turned round and held up his hand I thought he was going to fire. I fired he fell I went up and was talking to him. Sergt asked me to let him live I wanted to go & could not leave him in a dying state I shot him The prisoner had a revolver when he came first, when he left he had a rifle, a Spencer, he said I took it off Scanlan's body when I shot he showed us how to load it and unload it he had also a gun. He said I was not there when


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04966-P0000-000002-0040-150-073.jpg Robert Scott attempt made on Fitzpatrick I was a long way off, he spoke his mother and the hardship she suffered he did not seem to wish to conceal anything. prisoner got drapery from my master and a revolver he did not pay. the value of what he took was £17- Prisoner was sitting at the door and spoke ? of the people in the room. Manager of the National Bank Euroa. 10 Dec 1878 Euroa is distant from Younghusbands' Station, 3 or 4 miles, I saw prisoner in Manager's room 4 P.M. he came in followed by Hart- prisoner had a pistol


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04966-P0000-000002-0040-150-074.jpg xexd Hart one in each hand prisoner said bail up. he took me and others prisoner 12 or 13 prisoner's brother Dan was with him had revolver in his belt. I went with prisoner and one of the female servants of the Bank in a cart prisoner drove halfway upset us I drove the remainder of the distance he was talking of various things so I drove I said who shot Lonigan I knew Lonigan that made me ask about him. I was kept then during the night Prisoner behaved very well personally to me he was going into my


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Henry Richards room. he said I must see Mrs. Scott. I said no if you do I'll strike you whatever the consequences are. I then went in and told the ladies, he followed he took her, her mother and the children prisoner robbed the Bank of 2, 3, or 400 pounds30,000 £approx2009
60,800 $AUDapprox2009
8,000 shillings
96,000 pence
- constable of N. S. Wales on the 8 Feby 1879. at Jerilderie saw prisoner at the police Barracks on Saturday night he sat up all night I had been taken prisoner with 11 or 12. he came to the station rode up to the front of the Barracks and said there is a row at a public House at Davidson a mile off


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04966-P0000-000002-0040-150-076.jpg - Ive been sent up for the police there will be murder down there I went out he repeated his words Devine came out asked what's the matter prisoner repeated what he had said, when 10 or 12 yards from the Gate he jumped off his horse covered us with two revolvers said whats your names we told him, prisoner said, you are the man who is going to shoot me on the ferry at ? I said yes I was there at the time, men were crossing and I thought they were the Kellys that was two months before. Prisoner said I am come over to shoot you I mean


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04966-P0000-000002-0040-150-077.jpg - to shoot you Devine for you have always been tracking me. you are worse than a black tracker you have been closer to me than any man I said to prisoner where is your brother and the other two men, the prisoner whistled then three others walked up armed with revolvers. Dan, Hart & Byrne. Devine and I were unarmed in our shirts and trousers we had been in bed prisoner took us inside and said have you any arms? There were two Jerry rifles a Colt revolver and one revolver of my own prisoner took them and took us into the dining room and said I intend to rob the Bank at Jerilderie


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04966-P0000-000002-0040-150-078.jpg - Devine questioned him about the murders in Victoria prisoner said there's been a reward of £100 offered for my shooting Fitzpatrick which I am not guilty of I was one or two hundred miles distant - when this occurred. Fitapatrick came to arrest my brother Dan for horse stealing and my mother being there asked if he had a warrant for arrest of here son Dan Fitzpatrick said no my mother said you can't take Dan and if Ned "was there you dare not - and looking round said here's Ned" coming he looked round Dan put his arm over took the revolver from him in the scuffle it went


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04966-P0000-000002-0040-150-079.jpg xexd went off and shot him in the wrist I did not shoot him. The reason I shot the sergeant Lonigan and Scanlon was to get their horses and arms and make a rise. The police were persecuting me and I was resolved to revenge myself. The Sergeant jumped off his horse and got behind. the prisoner had a beautiful gold watch he said this is the sergeants watch I intend to return it to Mrs kenned in the course of time. I was not examined at Beechworth. After prisoner covered us with revolver Devine's wife ran out and said for Gods sake don't


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04966-P0000-000002-0040-150-080.jpg - shoot my husband prisoner said don't be afraid I won't shoot him. Four Victorian constables in plain clothes were at the ?carnival? punt in Dec 1878. They wanted to cross the ? crosse din his punt he came back. Coleman in charge of the party I proposed we should challenge them in the punt- and if they did not give a satisfactory answer we should fire at them, when taken I did not say to prisoner I suppose you are going to make it hot for me I recognized Dan by the photograph I had seen when the three men walked up I said this is your


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04966-P0000-000002-0040-150-081.jpg Edward Living brother Dan prisoner said yes I did not present my Carbine at ? and Coleman did not strike it up in the air. they crossed prisoner was not with them during the same noght - had a further conversation about the four other constables. Clerk in the Band of New South Wales. at Jerilderie On the 10 Feby 1879 about noon on Monday saw prisoner in the Bank he had a revolver in his hand he said what money have you in the Bank. I said about £900 or a £1000- prisoner said you have more you have got £10,000. I said that's all we have. I laughed at the idea


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04966-P0000-000002-0040-150-082.jpg - of £10,000 he came into the Banking Chamber looked into the drawers where I had letters and cash and said what fire arms have you. I said we have none prisoner said you have you'll have to produce them I'll do something if you don't I then gave him the revolver I had in the drawer he took the money in the drawer put it into a bag then looked at the safe seeing the two drawers I opened one in it were a few trinkets of jewellery he had to open the second I could not and said so I had not a key the man with him said ? it open I said you had better fetch


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04966-P0000-000002-0040-150-083.jpg the manager he did Mr Tarleton came from the Hotel we opened it prisoner took £1200 or £1500 - After this a few moments in the Hotel at the Bar the prisoner said the gun I shot the police with in the Wombat Hills was an old one but a good one it would shoot round a corner it had been broken and bound up stock was tied on to the barrel by string or wire this revolver in his or his brother's hand was taken from the police I then went with prisoner and constable Richards to the newspaper proprietor he was not at home found his wife


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04966-P0000-000002-0040-150-084.jpg xexd John Tarleton he offered her a statement which as he said he wanted to have printed she would not take it he gave it to me. Portions were published I read the newspaper sometime after I gave it to the police I cannot tell if it was in the prisoners' hand there was a life policy of mine in the Bank I asked him for it he did not give it. he left it in the possession of the Bank. I did not hear him say he was living close to the place where the police were. Clerk in the Bank of New South Wales Manager at Jerilderie on the 10 Feby 1879. Monday 11.


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04966-P0000-000002-0040-150-085.jpg A. M. I saw the prisoner I was having a bath Levey brought in two men prisoner was one he said we are stuck up at last the Kellys are here I said nonsense, they walked in the prisoner and Hart had a revolver in each hand prisoner said emu? along I want you I said I can't until I've had my bath he left Hart remained until I had finished when I came out he took me to the hotel in the bar parlor 20 or 30 people prisoners Dan and Hart on guard armed prisoner in the bar made a sort of speech in which he said its all very well for people


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04966-P0000-000002-0040-150-085.jpg xexd to talk of my shooting these men in cold blood I did it in self-defence I have been persecuted by the police even since I was a lad of 14 and have been driven to be an outlaw. This revolver was taken from Lonigan after he was shot. I shot him, Lonigan and Sergt Kennedy He mentioned Const. MacIntyre and said there were only two of us there my brother and I. Hart and Byrne were some miles away at their own Camp. The impression in my own mind is that he did all the shooting himself. He said this with the intention of taking all the blame upon himself


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04966-P0000-000002-0040-150-087.jpg John Kelly he said we had a camp of our own miles off when the police were shot I don't remember his mentioning Fitzpatrick he spoke of persecution of his whole family. Senior Constable at Richmond 20 June at 7. A.M. at Benalla saw prisoner at Glenrowan I was at the north east side of Jones' Hotel at daylight he made his appearance in the Bush wore an oil skin coat which came below his knees. On his head an helmet of iron like a nail can, (produced) and pads on his shoulders the police said go back he came forward with a


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04966-P0000-000002-0040-150-088.jpg revolver in his hand I did not know him I said to the police if he does not go back or reply shoot him at 3 AM that morning the police had been fired at from the verandah and Hart wounded the prisoner fired a revolver at some of the police Phillips or Arthur were nearest to him they returned the fire several constables fired did not appear to do him any harm I said he is ball proof he advanced firing and went behind a tree I was with Dorsett his hand was outside the tree I said there's a chance for you. I fired missed again he went from tree behind a log seemed


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04966-P0000-000002-0040-150-089.jpg greatly exhausted Sergt Steel came and fired at him Prisoner staggered Steele fired a second time prisoner fell, Steele ran up caught him by the wrist. I ran up with the others Steele said by G- its Ned Kelley breast plate produced. made of plough mould boards Hugh Lennon's name on it 19 bullet marks in it when the police were firing he said come on you Bs- you cant harm me he struck the hit of his revolver against the plate prisoner said to Const. Bracken I never did you any harm, save me, I saved you Dwyer kicked him and said you scoundrel after shooting my comrades


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04966-P0000-000002-0040-150-090.jpg I said you showed little mercy to poor Kennedy and Scanlon - prisoner said I had to shoot them or they would have shot me I searched him found Silver Geneva watch I said have you Sergt Kennedy's watch prisoner said no. I said tell me where it is prisoner said no I would not like to he was taken to the railway station remained there till 5 P.M. then to Bennalla to the lock up in my charge On the 29th I was present with McIntyre at 7 A. M. I said Ned do you know this man prisoner said its Flood isn't it? MacIntyre said the last time we met Ned you took me to be Flood


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04966-P0000-000002-0040-150-091.jpg prisoner sad Oh its McIntyre I know you now McIntyre said I've suffered a good deal over this affair was my statement correct? Prisoner said it was MacIntyre said did I not tell you on that occasion I'd rather be shot myself than tell you anything about the other men if you were going to shoot them, prisoner said yes McIntyre said you had my chest covered with a rifle at the time you turned round and shot Lonigan was behind a log and had a revolver pointed at me at the time I shot him McIntyre said its all nonsense he had not why did you come near


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04966-P0000-000002-0040-150-092.jpg Xexd us when you knew where we were prisoner said you'd soon find us out when you knew where we were and would have shot us. Our horses were bad we had no money and we wanted to make a rise on the same morning before that between 3 and 6 A.M. I const. Ryan within hearing prisoner rolled off matrass we put him on the matrass again he asked for a drink I gave him some milk and water I said Ned its all up now what about Fitzpatricks statement prisoner said his statement is correct I shot him. I heard Const. James had found ground cleared near Wombat


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04966-P0000-000002-0040-150-093.jpg Segt Steele Ranges Hut was burnt down trees marked with bullets. Sergt at Wangaratta engaged looking for prisoner and party 5 A.M. on Monday 28 June. I reached Glenrowan I saw a figure coming down towards Jones Hotel in my rear I thought it like a black fellow he exposed a revolver and fired at a policeman 25 or 30 yards from him he still advance and sat down by some trees and appeared to be loading I advanced when within 22 yards he fired with his revolver at me then turned to his left and walked across me in front of the railway station he said fire away you Bs.


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04966-P0000-000002-0040-150-094.jpg you can't harm me stuck his apron with his revolver calling to those in the Hotel come out boys and we'll ship the lot of them he fired about 3 shots before he sat down I went towards him I said to the men there's no good firing at him rush him I saw bullets strike his armour and fall. he had fired two or three shots before I called out I fired and struck him on the right knee he was about to fire at me I fired again hit him in the right him and he fell his helmut fell of I ran up caught him by the throat and said - "I said I'd be in at the death of you"


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04966-P0000-000002-0040-150-095.jpg other constables came up and said let me shoot him prisoner said don't kill me I never hurt any of you some one said you did not show Kennedy and Lonigan much mercy prisoner said that's right enough if I had not shot them they would have shot me. we removed the armour found silver watch some one said where's Sergt Kennedy's watch prisoner said I won't tell it won't do for me to tell, some one said what did you intend to do on the wreck of the train prisoner said shoot every b-dy one that escaped he said but there might have been civilians in it. prisoner said


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04966-P0000-000002-0040-150-096.jpg Xexd they had no right to travel with the police I saw the rails taken up he said is it true you shot you Fitzpatrick prisoner said yes I shot him right enough. I saw prisoner about 6.45 A.M. I arrived at 5 A.M. firing commenced about 5.20 A.M. I fired at a man who came out of the Hotel I brought 6 men. 5 or 6 came with Mr Hare and black trackers police were arriving until 2 P.M. The man I fired at was Reardon I told him to hold up his hands I thought he was one of the outlaws. I saw splinters from wood work of the Hotel shuck off by bullets


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04966-P0000-000002-0040-150-097.jpg a woman came out I told her to run & she did I told her she would not be hurt and told the people in the house they would not be molested if they came out and held up their hands. Cherry was shot and Jones son of the land lady Mrs Jones accused me of shooting her son I did not he died he was shot before I went there in the morning I never said to Mrs Jones that if she would say that prisoner shot her son I would forward a recommendation to Government that she should get portion of the reward I never said so never heard of it till asked the question today


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04966-P0000-000002-0040-150-098.jpg Re-exd Samuel Reynolds The boy Reardon I shot has recovered I can't say who shot Cherry The only volley I saw fired by the police was in return to one from the verandah after the house was burnt I saw two charred bodies. Surgeon at Mansfield - I saw the body of Lonigan at Stringy Bark Creek pointed out by McIntyre lying on his back on the ground early on Monday morning I went out with McIntyre Sergt Pewtress and several others I could see two separate wounds one on the right side of the temple a graze. one on the right eye ball. Made post mortem of Lonigan on Tuesday at Mansfield


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04966-P0000-000002-0040-150-099.jpg Xexd one wound through left arm perforation through fleshy part of left thigh. Regarding Lonian gun shot entered inner side went through orbital bone into the hair the bullet travelled round and lodged on inside I extracted the bullet I put my finger into the wound did not meet the ball that was the cause of death in a few seconds another dead body was within a few paces. The direction of the bullet was slightly slanting as if deceased had turned his face slightly in direction of the shot I did not see Kennedy's body on the ground


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04966-P0000-000002-0040-150-100.jpg he was stripped there was no post mortem I saw wound in chest he in all probability standing when shot I extracted the bullet from Lonigan's thigh small as of a revolver if wound were inflicted before circulation had ceased could not tell difference between wounds inflicted before and after death. At 5.35 P.M. Verdict guilty Sentence death -


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04966-P0000-000002-0040-150-101.jpg File with others 80/5159 November 3/80 Rec 4th Continued prisoner E. Kelly Statement in reference to his case (Referred by His Excy)


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04966-P0000-000002-0040-150-102.jpg Notes of Evidence Queen v Edward Kelly His Honour Mr. Justice Barry 5433 Melbourne 2 Nov 1880 Sir, I do my self the honor to forward herewith notes of the Evidence in the case of Queen v. Edward Kelly hird before His Honour Mr Justice Barry on the 28th & 29th October 1880 I have the honour to be Sir Your Obedient Servant J G Horne


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04966-P0000-000002-0040-150-103.jpg J B Patterson for the Clerk of the Executive Council. 1. Sheet Edward Kelly Murder His Honour Mr Justice Barry 28th & 29th October 1880 Robert Wademouth Esquire Clerk to the Executive Council 80/5433 Supreme Court Laid before the November 3rd 1880 Executive Council on the 3rd November 1880 Sir, I have the honour to forward here with Return of Prisoner named in the Margin convicted of murder before His Honour Mr Justice Barry of the 28th 7 29th days of October 1880 I have the honour to be Sir Your Obedient Servant J G Horne


Ned Kelly has been tagged on these pages:

  1. Burrows, William
  2. Edward "Ned" Kelly
  3. Ellen Kelly – Recognizance of Bail
  4. Jerilderie Letter
  5. Ned Kelly Trial: Capital Case File and report to the Governor.
  6. Ned Kelly to Sergeant Babington
  7. Redmond Barry
  8. Robert Rede
  9. Volunteering at PROV
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