Dear
Sir,
I
wish to acquaint you with some of the occurrences
of the present past and future. In or about the spring
of 1870 the ground was very soft a hawker named Mr
Gould got his waggon bogged between Greta and my
mother's house on the eleven mile creek, the ground
was that rotten it would bog a duck in places so
Mr. Gould had abandon his waggon for fear of loosing
his horses in the spewy ground. he was stopping at
my Mother's awaiting finer or dryer weather Mr. McCormack
and his wife. hawkers also were camped in Greta the
mosquitoes were very bad which they generally are
in a wet spring and to help them Mr. Johns had a
horse called Ruita Cruta although a gelding was as
clever as old Wombat or any other Stallion at running
horses away and taking them on his beat which was
from Greta swamp to the seven mile creek consequently
he enticed McCormack's horse away from Greta.
Mr.
Gould was up early feeding his horses heard a bell
and seen McCormack horses for he knew the horse well
he sent his boy to take him back to Greta. When McCormack's
got the horse they came straight out to Goold and
accused him of working the horse; this was false,
and Goold was amazed at the idea I could not help
laughing to hear Mrs. McCormack accusing him of using
the horse after him being so kind as to send his
boy to take him from the Ruta Cruta and take him
back to them.
I
pleaded Goulds innocence and Mrs McCormack turned
on me and accused me of bringing the horse from Greta
to Goolds waggon to pull him out of the bog I did
not say much to the woman as my Mother was present
but that same day me and my uncle was cutting calves
Gould wrapped up a note and a pair of the calves
testicles and gave them to me to give them to Mrs
McCormack. I did not see her and I gave the parcel
to a boy to give to her when she would come instead
of giving it to her he gave it to her husband consequently
McCormack said he would summons me I told him neither
me or Gould used their horse.
he
said I was a liar & he could welt me or any of my
breed I was about 14 years of age but accepted the
challenge and dismounting when Mrs McCormack struck
my horse in the flank with a bullock's skin it jumped
forward and my fist came in collision with McCormack's
nose and caused him to loose his equillibrium and
fall postrate I tied up my horse to finish the battle
but McCormack got up and ran to the Police camp.
Constable Hall asked me what the row was about I
told him they accused me and Gould of using their
horse and I hit him and I would do the same to him
if he challenged me McCormack pulled me and swore
their lies against me I was sentenced to three months
for hitting him and three months for the parcel and
bound to keep the peace for 12 months.
Mrs
McCormack gave good substantial evidence as she is
well acquainted with that place called Tasmania better
known as the Dervon or Vandiemans land and McCormack
being a Police man over the convicts and women being
scarce released her from that land of bondage and
tyranny, and they came to Victoria and are at present
residents of Greta and on the 29th of March I was
released from prison and came home Wild Wright came
to the Eleven Mile to see Mr Gunn stopped all night
and lost his mare both him and me looked all day
for her and could not get her Wright who was a stranger
to me was in a hurry to get back to Mansfield and
I gave him another mare and he told me if I found
his mare to keep her until he brought mine back I
was going to Wangaratta and seen the mare and I caught
her and took her with me all the Police and Detective
Berrill seen her as Martains girls used to ride her
about the town during several days that I stopped
at Petre Martains Star Hotel in Wangaratta.
She
was a chestnut mare white face docked tail very remarkable
branded (M) as plain as the hands on a town clock.
the property of a Telegraph Master in Mansfield he
lost her on the 6th gazetted her on the 12th of March
and I was a prisoner in Beechworth Gaol until the
29 of March therefore I could not have Stole the
mare. I was riding the mare through Greta Constable
Hall came to me and said he wanted me to sign some
papers that I did not sign at Beechworth concerning
my bail bonds I thought it was the truth he said
the papers was at the Barracks and I had no idea
he wanted to arrest me or I would have quietly rode
away instead of going to the Barracks.
I
was getting off when Hall caught hold of me and thought
to throw me but made a mistake and came on the broad
of his back himself in the dust the mare galloped
away and instead of me putting my foot on Halls neck
and taking his revolver and putting him in the lock
up. I tried to catch the mare. Hall got up and snapped
three or four caps at me and would have shot me but
the colts patent refused.This is well known in Greta
Hall never told me he wanted to arrest me until after
he tried to shoot me when I heard the caps snapping
I stood until Hall came close he had me covered and
was shaking with fear and I knew he would pull the
trigger before he would be game to put his hand on
me so I duped, and jumped at him caught the revolver
with one hand and Hall by the collar with the other.
I
dare not strike him or my sureties would loose the
bond money I used to trip him and let him take a
mouth ful of dust now and again as he was as helpless
as a big guano after leaving a dead bullock or a
horse. I kept throwing him in the dust until I got
him across the street the very spot where Mrs 0'Briens
Hotel stands now the cellar was just dug then there
was some brush fencing where the post and rail was
taking down and on this I threw big cowardly Hall
on his belly I straddled him and rooted both spurs
onto his thighs he roared like a big calf attacked
by dogs and shifted several yards of the fence I
got his hands at the back of his neck and trid to
make him let the revolver go but he stuck to it like
grim death to a dead volunteer he called for assistance
to a man named Cohen and Barnett, Lewis, Thompson,
Jewitt two blacksmiths who was looking on I dare
not strike any of there as I was bound to keep the
peace or I could have spread those curs like dung
in a paddock they got ropes tied my hands and feet
and Hall beat me over the head with his six chambered
colts revolver nine stitches were put in some of
the cuts by Dr Hastings And when Wild Wright and
my mother came they could trace us across the street
by the blood in the dust and which spoiled the lustre
of the paint on the gate-post of the Barracks Hall
sent for more Police and Doctor Hastings
Next
morning I was handcuffed a rope tied from them to
my legs and to the seat of the cart and taken to
Wangaratta Hall was frightened I would throw him
out of the cart so he tied me whilst Constable Arthur
laughed at his cowardice for it was he who escorted
me and Hall to Wangaratta. I was tried and committed
as Hall swore I claimed the mare the Doctor died
or he would have proved Hall a perjurer Hall has
been tried several times for perjury but got clear
as this is no crime in the Police force it is a credit
to a Policeman to convict an innocent man but any
muff can pot a guilty one Halls character is well
known about El Dorado and Snowy Creek and Hall was
considerably in debt to Mr L. O.Brien and he was
going to leave Greta Mr O.Brien seen no other chance
of getting his money so there was a subscription
collected for Hall and with the aid of this money
he got James Murdock who was recently hung in Wagga
Wagga to give false evidence against me but I was
acquitted on the charge of horsestealing and on Halls
and Murdocks evidence I was found guilty of receiving
and got 3 years experience in Beechworth Pentridges
dungeons.
this
is the only charge ever proved against me Therefore
I can say I never was convicted of horse or cattle
stealing My Brother Dan was never charged with assaulting
a woman but he was sentenced to three months without
the option of a fine and one month and two pounds
fine for damaging property by Mr. Butler P.M. a sentence
that there is no law to uphold therefore the Minister
of Justice neglected his duty in that case, but there
never was such a thing as Justice in the English
laws but any amount of injustice to be had. Out of
over thirty head of the very best horses the land
could produce I could only find one when I got my
liberty. Constable Flood stole and sold the most
of them to the navvies on the railway line one bay
cob he stole and sold four different times the line
was completed and the men all gone when I came out
and Flood was shifted to Oxley. he carried on the
same game there all the stray horses that was any
time without an owner and not in the Police Gazette
Flood used to claim He was doing a good trade at
Oxley until Mr Brown of the Laceby Station got him
shifted as he was always running his horses about.
Flood
is different to Sergeant Steel, Strachan, Hall and
the most of Police a they have got to hire cads and
if they fail the Police are quite helpless. But Flood
can make a cheque single-handed he is the greatest
horsestealer with the exception of myself and George
King I know of. I never worked on a farm a horse
and saddle was never traced to me after leaving employment
since February 1873 I worked as a faller at Mr J.
Saunders and R Rules sawmills then for Heach and
Dockendorf I never worked for less than two pound
ten a week since I left Pentridge and in 1875 or
1876 I was overseer for Saunders and Rule.
Bourke's
water--holes sawmills in Victoria since then I was
on the King River, during my stay there I ran in
a wild bull which I gave to Lydicher a farmer he
sold him to Carr a Publican and Butcher who killed
him for beef, sometime afterwards I was blamed for
stealing this bull from James Whitty Boggy Creek
I asked Whitty Oxley racecourse why he blamed me
for stealing his bull he said he had found his bull
and never blamed me but his son-in-law Farrell told
him he heard I sold the bull to Carr not long afterwards
I heard again I was blamed for stealing a mob of
calves from Whitty and Farrell which I knew nothing
about. I began to think they wanted me to give them
something to talk about.
Therefore
I started wholesale and retail horse and cattle dealing
Whitty and Burns not being satisfied with all the
picked land on the Boggy Creek and King River and
the run of their stock on the certificate ground
free and no one interfering with them paid heavy
rent to the banks for all the open ground so as a
poor man could keep no stock, and impounded every
beast they could get, even off Government roads.
If a poor man happened to leave his horse or bit
of a poddy calf outside his paddock they would be
impounded. I have known over 60 head of horses impounded
in one day by Whitty and Burns all belonging to poor
farmers they would have to leave their ploughing
or harvest or other employment to go to Oxley.
When
they would get there perhaps not have money enough
to release them and have to give a bill of sale or
borrow the money which is no easy matter. And along
with this sort of work, Farrell the Policeman stole
a horse from George King and had him in Whitty and
Farrells Paddocks until he left the force. And all
this was the cause of me and my step-father George
King taking their horses and selling them to Baumgarten
and Kennedy. the pick of them was taken to a good
market and the culls were kept in Petersons paddock
and their brands altered by me two was sold to Kennedy
and the rest to Baumgarten who were strangers to
me and I believe honest men.
They
paid me full value for the horses and could not have
known they were stolen. no person had anything to
do with the stealing and selling of the horses but
me and George King. William Cooke who was convicted
for Whittys horses was innocent he was not in my
company at Petersons. But it is not the place of
the Police to convict guilty men as it is by them
they get their living had the right parties been
convicted it would have been a bad job for the Police
as Berry would have sacked a great many of them only
I came to their aid and kept them in their bilits
and good employment and got them double pay and yet
the ungrateful articles convicted my mother and an
infant my brother-in-law and another man who was
innocent and still annoy my brothers and sisters
and the ignorant unicorns even threaten to shoot
myself But as soon as I am dead they will be heels
up in the muroo.
there
will be no more police required they will be sacked
and supplanted by soldiers on low pay in the towns
and special constables made of some of the farmers
to make up for this double pay and expence. It will
pay Government to give those people who are suffering
innocence, justice and liberty. if not I will be
compelled to show some colonial stratagem which will
open the eyes of not only the Victoria Police and
inhabitants but also the whole British army and now
doubt they will acknowledge their hounds were barking
at the 20 wrong stump.
And
that Fitzpatrick will be the cause of greater slaughter
to the Union Jack than Saint Patrick was to the snakes
and toads in Ireland. The Queen of England was as
guilty as Baumgarten and Kennedy Williamson and Skillion
of what they were convicted for When the horses were
found on the Murray River I wrote a letter to Mr
Swanhill of Lake Rowan to acquaint the Auctioneer
and to advertize my horses for sale I brought some
of them to that place but did not sell I sold some
of them in Benalla Melbourne and other places and
left the colony and became a rambling gambler soon
after I left there was a warrant for me and the Police
searched the place and watched night and day for
two or three weeks and when they could not snare
me they got a warrant against my brother Dan And
on the 15 of April Fitzpatrick came to the Eleven
Mile Creek to arrest him he had some conversation
with a horse dealer whom he swore was William Skillion
this man was not called in Beechworth, besides several
other Witnesses, who alone could have proved Fitzpatricks
falsehood after leaving this man he went to the house
asked was Dan in Dan came out.
I
hear previous to this Fitzpatrick had some conversation
with Williamson on the hill. he asked Dan to come
to Greta with him as he had a warrant for him for
stealing Whitty's horses Dan said all right they
both went inside Dan was having something to eat
his mother asked Fitzpatrick what he wanted Dan for.
the trooper said he had a warrant for him Dan then
asked him to produce it he said it was only a telegram
sent from Chiltren but Sergeant Whelan ordered him
to releive Steel at Greta and call and arrest Dan
and take him into Wangaratta next morning and get
him remanded Dans mother said Dan need not go without
a warrant unless he liked and that the trooper had
no business on her premises without some Authority
besides his own word The trooper pulled out his revolver
and said he would blow her brains out if she interfered.
in
the arrest she told him it was a good job for him
Ned was not there or he would ram the revolver down
his throat Dan looked out and said Ned is coming
now, the trooper being off his guard looked out and
when Dan got his attention drawn he dropped the knife
and fork which showed he had no murderous intent
and slapped heenans hug on him took his revolver
and kept him there until Skillion and Ryan came with
horses which Dan sold that night. The trooper left
and invented some scheme to say that he got shot
which any man can see is false, he told Dan to clear
out that Sergeant Steel and Detective Brown and Strachan
would be there before morning Strachan had been over
the Murray trying to get up a case against him and
they would convict him if they caught him as the
stock society offored an enticement for witnesses
to swear anything and the germans over the Murray
would swear to the wrong man as well as the right.
Next
day Williamson and my mother was arrested and Skillion
the day after who was not there at all at the time
of the row which can be proved by 8 or 9 witnesses
And the Police got great credit and praise in the
papers for arresting the mother of 12 children one
an infant on her breast and those two quiet hard
working innocent men who would not know the difference
a revolver and a saucepan handle and kept them six
months awaiting trial and then convicted them on
the evidence of the meanest article that ever the
sun shone on it seems that the jury was well chosen
by the Police as there was a discharged Sergeant
amongst them which is contrary to law they thought
it impossible for a Policeman to swear a lie but
I can assure them it is by that means and hiring
cads they get promoted I have heard from a trooper
that he never knew Fitzpatrick to be one night sober
and that he sold his sister to a chinaman but he
looks a young strapping rather genteel more fit to
be a starcher to a laundress than a Policeman.
For
to a keen observer he has the wrong appearance or
a manly heart the deceit and cowardice is too plain
to be seen in the puny cabbage hearted looking face.
I heard nothing of this transaction until very close
on the trial I being then over 400 miles from Greta
when I heard I was outlawed and a hundred pound reward
for me for shooting at a trooper in Victoria and
a hundred pound for any man that could prove a conviction
of horse-stealing against me so I came back to Victoria
knew I would get no justice if I gave myself up I
enquired after my brother Dan and found him digging
on Bullock Creek heard how the Police used to be
blowing that they would not ask me to stand they
would shoot me first and then cry surrender and how
they used to rush into the house upset all the milk
dishes break tins of eggs empty the flour out of
the bags on to the ground and even the meat out of
the cask and destroy all the provisions and shove
the girls in front of them into the rooms like dogs
so as if anyone was there they would shoot the girls
first but they knew well I was not there or I would
have scattered their blood and brains like rain I
would manure the Eleven mile with their bloated carcasses
and yet remember there is not one drop of murderous
blood in my Veins
Superintendent
Smith used to say to my sisters, see all the men
I have out today I will have as many more tomorrow
and we will blow him into pieces as small as paper
that is in our guns Detective Ward and Constable
Hayes took out their revolvers and threatened to
shoot the girls and children in Mrs Skillions absence
the greatest ruffians and murderers no matter how
deprived would not be guilty of such a cowardly action,
and this sort of cruelty and disgraceful and cowardly
conduct to my brothers and sisters who had no protection
coupled with the conviction of my mother and those
men certainly made my blood boil as I dont think
there is a man born could have the patience to suffer
it as long as I did or ever allow his blood to get
cold while such insults as these were unavenged and
yet in every paper that is printed I am called the
blackest and coldest blooded murderer ever on record
But
if I hear any more of it I will not exactly show
them what cold blooded murder is but wholesale and
retail slaughter something different to shooting
three troopers in self defence and robbing a bank.
I would have been rather hot-blooded to throw down
my rifle and let them shoot me and my innocent brother,
they were not satisfied with frightening my sisters
night and day and destroying their provisions and
lagging my mother and infant and those innocent men
but should follow me and my brother into the wilds
where he had been quietly digging neither molesting
or inter-fering with anyone he was making good wages
as the creek is very rich within half a mile from
where I shot Kennedy.
I
was not there long and on the 25 of October I came
on Police tracks between Table top and the bogs.
I crossed them and returning in the evening I came
on a dif-ferent lot of tracks making for the shingle
hut I went to our camp and told my brother and his
two mates me and my brother went and found their
camp at the shingle hut about a mile from my brothers
house saw they carried long firearms and we knew
our doom was sealed if we could not beat those before
the others would come As I knew the other party of
Police would soon join them and if they came on us
at our camp they would shoot us down like dogs at
our work as we had only two guns. we thought it best
to try and bail those up take their fire-arms and
ammunition and horses and we could stand a chance
with the rest We approached the spring as close as
we could get to the camp as the intervening space
being clear ground and no battery We saw two men
at the logs they got up and one took a double barreled
fowling-piece and fetched a horse down and hobbled
him at the tent we thought there were more men in
the tent asleep those being on sentry we could have
shot those two men without speaking but not wishing
to take their lives we waited McIntyre laid the gun
against a stump and Lonigan sat on the log I advanced,
my brother Dan keepin McIntyre covered which he took
to be constable Flood and had he not obeyed my orders,
or at-tempted to reach for the gun or draw his revolver
he would have been shot dead but when I called on
them to throw up their hands McIntyre obeyed and
Lonigan ran some six or seven yards to a battery
of logs insted of dropping behind the one he was
sitting on, he had just got to the logs and put his
head up to take aim when I shot him that instant
or he would have shot me as I took him to be Strachan
the man who said he would not ask me to stand he
would shoot me first like a dog. continued ORDER
YOUR OWN PIECE OF THE KELLY LEGEND WITH THE JERILDERIE
POSTER, DISPLAYING THE ENTIRE MANUSCRIPT EXCLUSIVE
TO IRONOUTLAW.COM. CLICK
HERE FOR MORE DETAILS. |