DESTRUCTION OF THE KELLY GANG
The excitement created by the latest news with respect to the Kelly gang had not abated to any great extent yesterday, when exaggerated reports were circulated with regard to the proceedings of some of the relatives and friends of the Kellys. The full reports published elsewhere show that there were signs of disorder at Greta, and that some difficulty arose in connexion
At the Kew Police-court yesterday, the Bench instructed the clerk to write to Superintendent Hare, conveying their high appreciation of the gallantry and skill displayed by him in the late encounter with the Kelly gang of outlaws, and also to express their hope that he would speedily recover from the injury he received.
An addition has been made to the chamber of horrors at the Waxworks. The figure of Joe Byrne has been added to the collection of notorious bushrangers. Mr. Kreitmayer, the proprietor of the Waxworks, took a cast of the head of the dead man. Woodroffe’s glassblowers continue to appear at the Waxworks.
Threatened Outbreak At Greta
The Inquest Of Arron Sherritt
Edward Kelly’s Condition
Further intelligence of an exciting nature reached town yesterday with regard to the state of affairs in the district in which the Kelly gang has for so long a time been harboured. The meagre items of news that became disseminated during the earlier part of the day were made the foundation of some sensational narratives with regard to the proceedings of sympathisers with the Kellys. It transpired that there had been a scene of disorder at Greta. Hart and some other friends of the outlaws indulged in some wild threats, stating their determination to prevent an inquest being held. An official report received during the morning reported that 50 armed men had joined Hart and his friends. The chief commissioner of police (Captain Standish), who had returned to Melbourne, sent a body of armed police to the district by the earliest train, and another detachment was sent from Wangaratta, but consequent on the great excitement prevailing in the district, the police were very guarded in their movements. An official inquiry into the circumstances attending the death of Aaron Sherritt was held yesterday at Beechworth. A mass of evidence was adduced, and the jury returned a verdict to the effect that the deceased was wilfully murdered by Joseph Byrne, aided and abetted by Daniel Kelly. The magisterial inquiry on the boy Jones, who was shot during the Glenrowan affray, was held at Wangaratta by Mr. Tone J.P. He considered that Jones died from wounds accidentally received. An inquest was held at Benalla on the body of the late Martin Cherry. After hearing the evidence of some of the officers who had taken part in the attack on the hotel at Glenrowan, the magistrate before whom the inquiry was held exonerated all the police and civilians who had taken part in firing at the hotel. A good deal of excitement and some uneasiness were created in the city yesterday by the rumours that were in circulation leading to a fear that there would be a serious troubles at Greta, but latest accounts go to show that although many of the Kelly sympathisers were in an excited state, principally through getting intoxicated at the wake at the funeral of Dan Kelly and Byrne, there was not much ground for alarm. The magisterial inquiry on the bodies of Hart and Dan Kelly was not held. Mr. Bickerton, J.P., of Wangaratta, was prepared to start for Greta, but a conveyance could not be procured in the town. After some delay, Superintendent Sadleir telegraphed to the police to get a magistrate’s certificate authorising the burial of the bodies. This was obtained from Mr. Tone, J.P., and sent out to Greta, and the funeral proceeded.
KELLY IN GAOL
Edward Kelly still remains in the gaol hospital, and is being carefully watched night and day. Having regard to his critical condition and the possibility of his injuring himself intentionally or by any mishap, he is never left alone, a wardsman being told off to attend him at night. Dr. Shields, the medical officer of the gaol, continues to attend the prisoner, and reports a slight improvement in his condition. Kelly had a good night’s sleep on Tuesday, and was suffering less pain yesterday than on the previous day. As he appeared to be stronger, the prisoner was permitted by the medical officer to see his mother, whom he had urgently requested to see. Mr. Castieau, the governor of the gaol, was present during the interview, which lasted for a considerable time. The mother seemed to feel acutely pained by the intelligence of the affray at Glenrowan and at seeing the condition of her son. Kelly was in a tolerably communicative mood, and conversed freely with his mother. She was very anxious to obtain information with regard to the surviving relatives, as well as about those who had perished in the affray. She earnestly enjoined him to pay all respect and attention to the priest who was attending him. Kelly denies having ever had the least intention of taking his life, pointing out that he had numbers of opportunities of carrying out such an intention if he had felt any desire to do so. In his references to his exploits, Kelly spoke, as of a valued servant, of his grey mare, stating that he could rely upon her to carry him away, with all his weight of armour, in the event of his being pressed by the police. He had, however, no desire to escape from the scene of the last affray. Mrs. Kelly was allowed to remain with her son for nearly half an hour, and was very reluctant to leave him, until she was promised that another opportunity of seeing him would shortly be afforded to her, after he should have been restored to a better state of health. At a late hour last evening Kelly was progressing favourably, and appeared to be out of danger, although still in a very weak and helpless state.
The injuries sustained by Superintendent Hare in the last conflict with the Kellys have not proved so dangerous as was anticipated at the time of his return to his residence. Dr. Charles Ryan has been in attendance upon him, and under that gentleman’s treatment Mr. Hare has greatly improved. No dangerous symptoms have been observable, and there is every prospect of the injured arm healing much better than was at first anticipated. Superintendent Hare was yesterday sufficiently well to leave town, and proceeded by the evening train to Sunbury, where he will be the guest of the Hon. W. J. Clarke for a time.
THE SCENE OF THE ENCOUNTER
With the view of gathering any fresh particulars obtainable concerning Monday’s encounter I revisited Glenrowan to-day. I found the débris of Jones’s Hotel still smouldering, and a crowd of people fossicking among the ruins for mementoes of the gang. Two brick chimneys were all that remained standing, and the black ashes of the building were covered in part by the sheets of corrugated iron which had formed the roof. The iron was pierced with innumerable bullet and slug holes, and on the chimneys were also a number of bullet marks. The wrecks of two iron bedsteads and of a sewing-machine and a few tin cans, some of which contained shot marks, were the only recognisable objects in the débris.
It may not be too late to explain here that the hotel was a wooden building of one story, and contained a front parlour and bar, and two bedrooms at the back. At the rear, and separated from the front tenement, stood the kitchen, a rough wooden structure. It stood about 130 yards from the railway station, at about the same distance from the railway line on the west side, and on the rising ground which leads up to Morgan’s Lookout, which is the nearest peak of the Warby Ranges. The station-master’s house stands on the line immediately below the hotel. The only other houses in the immediate vicinity are McDonnell’s Hotel and another small private house, both of which are situated on a track running about parallel with the line, at a distance of say 150 yards on the east side. The police station, post-office, and state school of Glenrowan are about a mile south of the railway station, and the same side as Jones’s Hotel. On the east rise the Greta Ranges, and the township of Greta is only four miles away.
GUARD BELL’S STATEMENT
Guard Bell, who was in charge of the special train which conveyed the police to the scene of action, states that the pilot engine and special train travelled at the rate of about 40 miles an hour; but at the place beyond Glenrowan station where the rails were taken up the trains would have been travelling at the rate of 60 miles an hour, as there was an incline. The pilot engine had about 15 minutes start of the special train and showed red lights behind. Of course the special train would have been stopped if it was found to be getting too close to these red lights; but the pilot engine was necessarily sometimes out of sight, and, had she fallen down the embankment where the rails were removed, the chances against the special train pulling up to avoid the danger would have been very small. It was bell’s intention to pull up the special train at Glenrowan station to oil the engine. As has been already stated, the lights in the special train were put out, and by direction of the guard, no whistle was sounded. The statement that the gang had heard the train whistle must be unfounded. At Glenrowan station the guard had to superintend shunting operations, and as he had to carry a lantern with him, and was working just in front of Jones’s Hotel, he incurred considerable personal risk. The railway arrangements there, notwithstanding the adverse circumstances, were carried out satisfactorily under Bell’s superintendence. He sent an engine towards Melbourne for line repairers to set right the damage done by the gang. Two were got, and they reached Glenrowan about 7 o’clock in the morning, and the line was repaired before 9 o’clock a.m.
MR. CURNOW’S STATEMENT
Mr. Thomas Curnow, the Glenrowan schoolmaster, who acted so courageous and wise a manner by stopping the pilot engine, and giving the first information of the Kelly gang being at Glenrowan, came to Melbourne by train yesterday. He was accompanied by Mrs. Curnow and their infant child, but declined to give any information to the press until he had seen Captain Standish. On arriving at the Spencer-street station, Mr. Curnow at once drove off to the Treasury, where he had an interview with Captain Standish. The latter then introduced him to Mr. Ramsay, Chief Secretary, who had a short conversation with him. Mr. Ramsay told him that from the report he had received concerning his action from Captain Standish, and also from the conversation he had with Superintendent Hare on the previous day at the barracks, he was convinced he had acted in the most meritorious manner, and had given information which was really the saving of a large amount of life. The Government, he felt sure, would be prepared to give him some substantial recognition for his wise and gallant conduct. After the interviews with the Chief Secretary and Captain Standish, Mr. Curnow informed the reporters that he had been advised―and the advice was also in accordance with his own views―that it would not be wise at present to give any information to the press or public concerning his actions before giving the warning about the rails being pulled up, and the presence of the Kellys at Glenrowan. Mr. Curnow is a gentleman of pleasant appearance, and though he declined to give any information of his proceedings, was anxious it should be understood that he only did so on the ground of prudence. There is no doubt that he will be recommended for participation in the £8,000 reward when that is distributed. It is most likely a board will be appointed to consider the mode in which the money will be awarded, and that Sir Henry Parkes, Colonial Secretary of New South Wales, will be consulted on the matter, as that Government is responsible for £4,000 of the money, £2,000 of which, it is understood, is given by the New South Wales Government, and £2,000 by the banks in New South Wales.
THE CAREER OF THE KELLYS
Although one member of the gang of bushrangers which has for years past kept the residents of a large portion of the North-Eastern district in a state of alarm, and to some extent in a condition of lawlessness, still survives, and now awaits his trial and sentence, the tragic events of Sunday and Monday last may be said to have brought to a close the long and remarkable career of the notorious Kelly gang, and an opportune occasion presents itself for glancing at the principal events in their career of crime. The police records show that the two Kellys, at any rate, manifested their marked tendency to crime and lawlessness at a very early age. The record of their lives is a record of a constant succession of lawless acts, carried out, in most cases, with such impunity and success that the criminals became emboldened, defied the authorities, growing more and more reckless and daring in their exploits, until they developed into the blood-thirsty spirit which they have latterly displayed. To the majority of Victorians the names of Edward and Daniel Kelly are now painfully familiar, but it is not generally known that there is another member of the notorious family who threatened to become scarcely less dangerous had not the police of New South Wales put a check on his career almost at its outset. The individual in question, James Kelly, was the first to fall into the hands of the police. In 1871 James, who was quite a boy at the time, was arrested and taken to Beechworth on two charges of cattle-stealing. The offences were proved, and the youthful cattle-stealer was convicted and sentenced to two years and six months’ imprisonment on each charge. After his five years’ imprisonment he was released at Beechworth, whence he appears to have gone to New South Wales. Resuming his career of crime, he soon fell into the hands of the police of New South Wales, was again tried, convicted, and imprisoned in Deniliquin, where he has remained to this day. James Kelly is said to be now 22 years of age, and is two years older than Daniel Kelly. In the same year which saw his brother James’ committed for five years, Edward Kelly was brought up at Beechworth on the charge of receiving a stolen horse, knowing it to be stolen. Edward, who was 15 years of age, and described himself as a labourer, was convicted on the 2nd of August, 1871, and ‘sentenced to three years’ imprisonment. He was discharged in 1874. Three years later the youngest of the brothers, Daniel, was arrested on a charge of “wilful damage to property.” Such was the charge on which he was proceeded against for the historical house-breaking adventure with his relatives the Lloyds, in the earlier part of 1877. On the 19th of August in that year he was convicted at Benalla and sentenced to three months’ imprisonment, while one of the Lloyds was sentenced to a similar term of imprisonment for a violent and indecent assault on a woman in the place thus broken into. In the early part of April, 1878, warrants were issued for the arrest of Daniel Kelly and John Lloyd on six separate charges of stealing horses from J. G. Farrell, James Farrell, James Whitty, and Robert Jeffrey. The warrants were issued on the 7th April, and the police were soon on the tracks of the thieves. The gang, however, were not to be so easily caught as on the occasion of their first ventures. They had already earned a reputation for their daring, and had inspired many of the residents of the district with a dread of them. They were but the leading movers amongst a nest of thieves. Their house had become noted as the meeting-place of criminals, and the extent to which they carried their crimes showed that they had numerous active confederates, besides their hosts of sympathisers. It was stated by those in the district who knew something of the doings of the gang, that they stole horses wholesale from all parts of the district, and in some instances crossed the Murray to dispose of them, and it was found a matter of extreme difficulty to obtain evidence, to say nothing of arresting the gang, owing to their being surrounded by a perfect network of sympathisers, who frustrated the efforts of the police for a long time. The first step towards breaking up the large body of confederates which appeared to be carrying on its nefarious proceedings without let or hindrance was taken on the 15th April, 1878, when William Skillian (brother-in-law of the Kellys), Williams alias Brickey, and Ellen Kelly were arrested at Greta on the charge of shooting Constable Fitzpatrick on the 15th April. Skillian and Williams were sent to Pentridge for six years, and Ellen Kelly, the mother of the two outlaws, was sentenced to three years’ imprisonment―a sentence which she is now undergoing in Melbourne gaol. The crime of which they were convicted was perpetrated with a view to preventing the arrest of Daniel and Edward Kelly, for whom Constable Fitzpatrick was searching. The two Kellys escaped, and speedily took to the haunts from which it was found so difficult to dislodge them. For a long time they eluded all attempts to capture them. In October, 1878, Sergeant Kennedy and Constables Scanlan, McIntyre, and Lonigan obtained definite information as to the whereabouts of the gang. Information that had been given to them led them to believe that the Kellys were hiding in the ranges at the head of the King River. Two parties of police were despatched, one from Mansfield and the other from Greta. The latter consisted of five men under the charge of Sergeant Steele, who took so prominent a part in the proceedings of Monday last. The gang was found in the locality which had been indicated, but despite all the precautions of the police the Kellys had obtained information with respect to the expedition and its object. They were consequently prepared for the attack. The police, lulled into a sense of security by the belief that their movements had been kept dark, camped on the bank of the Stringy Bark Creek, about twenty miles from Mansfield, on the night of October 25. The next morning the police, who had adopted no special precautions for their protection, proceeded to explore the locality. A gunshot fired by one of them attracted the attention of the Kellys. The gang quickly took the police by surprise, and then followed the tragedy which is perhaps the most deplorable of the startling events that have transpired during the career of the outlaws. The cold-blooded murder of Constables Scanlan and Lonigan, the capture of Constable McIntyre, and the other incidents of the terrible tragedy are events of which the public still have a vivid recollection. The panic created a shock throughout the colony, while in the district in which it had occurred, a panic prevailed among the residents, and search parties, comprising large numbers of men, started from the various centres of population in pursuit of the outlaws. It was at this time that the authorities in Melbourne sent Superintendent Nicolson to the spot to direct operations, and despatched a large number of mounted police to the district. The Government, too, recognised the necessity of adopting every possible means of capturing the offenders. A reward of £200 per head was offered for the capture of the murderers, and it was afterwards increased to £500 per head. At a later date the Government increased it to a lump sum of £4000, and a similar sum was offered by the Government of New South Wales. As the offering of rewards, however, had no effect, notice was given that they would be withdrawn during this month, a notification which appears to have had some effect. With a view to deterring the numerous sympathisers with the gang from offering assistance to it, and with this object, Parliament was induced to pass a measure proclaiming the perpetrators of the Mansfield outrage outlaws, and rendering any persons who were known to aid, abet, shelter, or assist them, liable to fifteen years’ imprisonment. This measure failed to have any appreciable effect on the sympathisers, for despite the efforts of the police and of the residents of the district, who were determined to spare no effort to bring to justice the gang of marauders who had aroused the public indignation by the fearful tragedy of which Sergeant Kennedy and Constables Lonigan and Scanlan had been the victims, the gang found secure hiding places. So carefully did they elude the notice of their pursuers that it was confidentially believed that they had left the colony, until the public was startled by intelligence of a robbery at Younghusband’s station at Euroa, during which the gang, after locking up the officials, made off with £1,500 in notes, £300 in sovereigns, and £90 in silver. The outrage was characterised by all the coolness, daring, and audacity which had been displayed in the previous ventures of the gang, and the officials of the bank and residents of the township were so taken by surprise, and so terrified by the wild threats of the desperadoes, that they offered no resistance. This event once more aroused the police authorities, and a large body of police, accompanied by the black trackers from the Queensland native police, was sent to Euroa, which township had been quite unprotected prior to the arrival of the gang. After this robbery a detachment of the Victorian Artillery was despatched to the district, but the Kellys again escaped. A short time after the robbery of a bank at Jerilderie, New South Wales, gave rise to the belief that they had gone to the neighbouring colony. The robbery was committed under circumstances not unlike those attending the Euroa affair, and was as successfully carried out. Since their appearance at Jerilderie in February, 1879, the gang has again been in hiding, and there have been the most conflicting rumours and speculations as to their whereabouts. It was stated not long since that the police authorities were gradually closing in upon the outlaws, and following a carefully considered plan of capturing them through the instrumentality of some of their former friends, and the murder of Sherritt points to a suspicion on the part of the Kellys that he was assisting in the plans. Be this as it may, it is now matter of history how that murder led indirectly to the capture of the gang and to the tragic ending of their extraordinary career. In Edward Kelly, the police have captured not alone the leader of this gang, but one who was arrested just 10 years ago as one of the dangerous accomplices of the notorious bushranger Harry Power, and who has during his 10 years’ career carried on his nefarious work with almost unexampled daring, and with the boldest defiance of the authorities.
THREATENED OUTBREAK AT GRETA
(BY ELECTRIC TELEGRAPH)
(FROM OUR SPECIAL REPORTER)
Benalla, Wednesday Night.
There was a prospect this morning of some difficulty arising in connexion with the magisterial inquiries proposed to be held on the charred remains of Dan Kelly and Hart. The remains were handed over to the friends on the Monday night, and were taken on Monday night to Mrs. Skillion’s hut at Seven-mile Creek. The authorities subsequently thought that, after all, it might be better to go through the usual formalities, and communicated with the magistrates of Wangaratta on the subject. The magistrates there, however, replied that they could not get a trap to take them to Greta, and altogether seemed disinclined to undertake the duty. No one could have gone to the Seven Mile Creek without a strong body of police, and even then the visit would not have been unattended with danger. Indeed, one of the Kelly sympathisers told the police that the remains would be interred at a certain hour on Wednesday whether inquiries were held or not, and reports came from Greta that all the Kelly sympathisers there had made themselves intoxicated at the wake, and were bouncing about armed, and threatening to attack the police. These reports were to some extent corroborated by the well-known fact that when the friends of the gang left Glenrowan they took a large quantity of spirits with them. Superintendent Sadleir, however, suggested that a magistrate should come down as far as Glenrowan, and after taking what evidence was obtainable there, give an order for interment. Senior-constable Kelly, with four troopers, accordingly proceeded to Glenrowan by the forenoon train, and two or three policemen were directed to come down from Wangaratta. Their orders were to accompany the magistrate to Mrs. Skillion’s hut if it was necessary to go there, and if that had really had to be done a disturbance, and probably more bloodshed, would have been the result. At the last moment, however, it was decided that as the game was not worth the candle, a magistrate’s order for internment would suffice, and the police were therefore recalled.
It is stated that Dick Hart openly dared the police at McDonnell’s Hotel, Glenrowan, to interfere in any way with the funerals of Dan Kelly and Steve Hart. The words attributed to him are “If you want the bodies back, you will have to fight for them.” From the statements of two men who came into Benalla from Greta to-day, it appears that on the arrival of the bodies there was great excitement in the district. The remains were laid on a table in Mrs. Skillion’s hut, which was soon crowded. So great was the crush that Mrs. Skillion lost her temper, and seizing a gun hustled the crowd out, and then allowed the to view the remains in couples. Many of the male sympathisers were armed, and whilst in a drunken state professed to be anxious for a brush with the police. It is further averred that one of the relatives of the Kellys held up his hand over the remains, and swore to Kate Kelly that he would avenge the slaughter of the gang. His name has been given to the police. Lest any disturbance should take place in the district whilst the sympathisers are in their present state of intoxication and excitement, Senior-constable Kelly, with four troopers, have been sent on again this evening to Glenrowan, and will remain there all night. Up to the present, however, things are quiet.
Ned Kelly’s mare was found on the railway line a few miles from Glenrowan, saddled and bridled. The saddle resembled that of Byrne, and bears the name of the same Wangaratta manufacturer. The mare has been identified by Mr. Ryan, farmer, of Major Plains, as one of two stolen from a paddock in his farm on the night of last Thursday week. It is a splendid upstanding mare, nearly 16 hands high, and a grand horse for crossing any kind of country. Ned Kelly was quite enthusiastic over the excellent qualities of the animal. The horse ridden by Byrne was the second of the two stolen from Ryan’s farm. They were not stolen by the gang themselves, but by a sympathiser who was seen crossing the railway line near Glenrowan with them on the Thursday night in question. Both were unshod when stolen, but have since been shod, evidently in a hurry, for the shoes were fastened very tightly, and will have to be removed.
It is now quite evident that the Kellys were forced from their concealment by the activity of the police. Parties of police were sent to all their known haunts secretly, with orders to keep a close but silent look out for the gang. The vicinity of Byrne’s house had become so hot for them that they felt obliged to strike out and terrify any who might be inclined to give information to the police by murdering Sherritt. Being then frightened of being tracked by the Queensland black trackers, they took steps to destroy them by wrecking the special train, and they arranged at the same time to secure a party of police whom they had been informed were looking out for traces of them at Glenrowan. They had received the latter information from some good authority, for there had been a party of police, consisting of Constables Wallace, Ryan, and Barry, stationed secretly in the Glenrowan police camp for a week previous to the murder of Sherritt. Those three constables were concealed in the barracks all day, and every night they walked to the Seven Mile Creek and Greta, looking silently for the gang. Strangely enough, however, they had returned to Benalla last Saturday.
The names of the police party who first attacked the gang at Glenrowan are:― Superintendent Hare, Senior-constable Kelly, Constables Arthur, Kirkham, Barry, Canny, Gascoigne, and Phillips, together with Inspector O’Connor and his black trackers.
Cherry’s body was buried to-day in the Benalla Cemetery.
Byrne’s friends asked for the body of that outlaw on Tuesday, but they did not receive it as was reported. It was interred quietly at night in the cemetery by two policemen and an undertaker.
STATEMENT OF GUARD DOWSETT
Jesse Dowsett, guard on the Victorian railways, states ― I came up with the train that left Benalla at 5 o’clock on Monday morning, and on arriving at Glenrowan I found they were still firing at the hotel. I had a colt’s breech-loading revolver supplied to me by our department. A woman was screaming near the hotel. I crawled up under the fence on my hands and knees, and got within 30 yards of the hotel. I called upon her in a low voice to come on, and she walked towards me. She proved to be Mrs. Reardon, with an infant in her arms. I called hold of her, and brought her down to the platform, where I handed her over to the reporters. After getting some cartridges from another guard, I made my way back again to the front from tree to tree. Got pretty close up to the house, and was challenged by the police. I replied, “Railway.” Went alongside of a constable, and at this time there was warm firing from the skillion window. All at once I saw the figure of a man looming up in the bush behind us, about 150 yards away. I called out to Senior Constable Kelly, “My God, who is that?” The senior constable ordered the troopers who were nearer the man to challenge him, and to shoot him down if he did not answer. The man only replied by firing four or five shots at us with a revolver, and steadily advanced, as if making for the hotel. We then made for cover, and went for him. After we had fired at him for some time, he sat down behind a tree, evidently to reload his weapon. I asked Senior-constable Kelly ― “Cannot you pot him off from there?” The senior-constable fired, and I saw that his bullet hit the right-hand side of the tree. He fired again, and I said, “By ―, you have hit him on the hand,” for I saw that he had been wounded there. The man then left his cover, and came straight towards us, walking right out into the open. I fired five shots at him, point blank, from a distance of 12 or 15 yards, and hearing the bullets thud upon him with a metallic sound, and seeing him still advancing, I exclaimed, “This must be the devil.” He then tapped his helmet with his revolver, and said, “You ― dogs, you cannot shoot me.” I then thought the man was mad, and that he was ringing a bell. He then went into the fork of a fallen tree, and I went up to the butt end of it. I said to him, “You had better surrender, old man. Throw up your hands.” He replied, “Never while I have a shot left.” I then took a “pot” shot at him over the log, and said, “How do you like that, old man?” He rose up and said, “How do you like this?” firing at me. I was not hit. At this juncture Sergeant Steele left his tree, and ran up towards the man to within 12 or 15 yards, and fired. The man dropped behind the log, Steele, Senior-constable Kelly, and I ran up. Steele seized the man by the hand, Kelly caught him by the head gear, and I caught hold of his revolver. Kelly pulled off his helmet, and Steele, catching hold of him by the beard, said, “By heavens, it is Ned ― I said I would be at the death of him.” The reporters came running up to us at the same time, and with their assistance we carried our prisoner to the railway station.
THE KELLY SYMPATHISERS
The only topic of conversation here, apart from the political situation, which has, however, assumed a somewhat insignificant position in comparison with the extermination of the Kelly gang, is the conduct of the police who were in the hut in which Aaron Sherritt was shot on Saturday last. The inquest, it was supposed, would lead to a thorough investigation of the whole matter, and that all the facts would come to light. The result of the inquiry is not, however, regarded as satisfactory, and the general opinion is strongly against the police, who, it is thought, might have done something to capture the outlaws at Sebastopol. Mrs. Barry and Mrs. Sherritt, however, in conversation express their opinion that nothing more could have been done, and further say that if the police had fired out of the house they must have been killed. Mrs. Barry thinks that Ned Kelly and Steve Hart were in the vicinity of the house at the time, and they were surprised that the place was not fired into. There is very little doubt but that the gang were not then wearing their armour, but they may have had their breastplates on. Byrne and Dan Kelly were only aware that two policemen were in the house, and they knew that one of them was Constable Duross. They found out that the police were in Sherritt’s place by a very trivial occurrence. A few days ago one of the Byrnes was seen going into the bush with a parcel, and he was closely followed by Detective Ward, who has been on the tracks of the outlaws for some time past, and the police were also seen to go into the Sherritt’s house. To-night a new phase of the case has been opened up, and it is more than probable that a man (whose name must at present be withheld) will be arrested for aiding and abetting the gang. It is stated that the police in the house were led to believe that the gang were still around the house long after they had gone by one of their companions, who made a disturbance outside the house during the night by talking aloud to imaginary persons and so giving rise to the belief that several persons were near the house. This matter is now being investigated. Beyond these facts there is nothing knew.
THE INQUIRY ON THE BODY OF MARTIN CHERRY
(FROM OUR OWN CORRESPONDENT)
A magisterial inquiry was held this morning at Powell’s Victoria Hotel, before Mr. McBean, J.P., on the body of Martin Cherry, who was accidentally shot at Mrs. Jones’s hotel, Glenrowan, on Monday, during the attack on the Kelly gang. Inspector Sadleir conducted the inquiry.
Jane Mulcahy, sister of deceased, deposed, — I am wife of Edmund Mulcahy, labourer, living at Collingwood. I identify body of deceased as my brother. He is about 58 years of age. He is a single man. I am told he has some property and a house here, but I do not think he has made a will:
John Nicholson deposed ,— I am a legally qualified medical practitioner, residing at Benalla. I made an inspection of the body of Martin Cherry, now on the premises. I find that there is a bullet wound on the lower and left side of the belly. The wound must have resulted fatally. Under any circumstances it must have caused death. The body was strong, and well nourished, and there were no other marks of violence.
Hugh Bracken, constable, stationed at Glenrowan, deposed, — I was made a prisoner by the Kelly gang on Sunday night last at half-past 10 o’clock. I know the deceased. He was a repairer on the railway line. He was also made a prisoner. He was at Mrs. Jones’s hotel when I arrived, and was with the others. He was all right about 1 o’clock on Monday morning. I made my escape after 2 o’clock a.m. I saw the police approach the house within three minutes after my escape. I had given them notice that the Kellys were in the hotel. They were fired on from the hotel. The police returned the fire, and continued the attack till it was all over. I next saw the deceased when he was taken out of the building. He was then alive. He was taken out of the hut at the back of the hotel. The fire had not reached that place. Deceased was not affected by the fire. He died shortly afterwards. The hut he was taken from still stands unburnt.
Thomas Dixon, bootmaker, residing at Benalla, deposed, — I have seen the body of Martin Cherry and identify him. I was present at the burning of the house. I went to the hut as soon as the priest came out. I heard there was a man wounded in the hut. With others I helped to bring him out. I said, “Martin, how are you?” He said, “Oh, you know me.” When we were bringing him out, he said “Oh, don’t hurt me.” I searched further, and on coming out found deceased dying. I went for a clergyman for him. I believe he has money in the bank. His bank book was said to be found in his house. His sister said he had promised to send her money next month.
William Phillip deposed, — I am a constable stationed at Benalla. I searched the pockets of deceased, and found a £1-note, besides a paper and a small purse.
John Sadleir, superintendent of police, stationed at Benalla, deposed, — I had charge of the attacking party of police on Monday morning at Glenrowan. The firing continued at intervals both from the hotel and by the police. It was not until the captives had made their escape from the hotel that I was made aware that deceased was lying wounded in the back kitchen. I then endeavoured to avoid firing into this kitchen. In firing the main building it was arranged that deceased was to be rescued before the fire could reach him. I rushed up to the kitchen myself first. Saw Dixon and others lift out the body of deceased, who was then alive. He died in a few minutes.
The verdict given by the presiding magistrate was, that “Having heard the evidence given herewith touching the death of the deceased Martin Cherry, and having carefully considered the same, I find his death was caused by a gunshot wound, received during the time he was a prisoner of the Kelly gang in Jones’s Hotel, Glenrowan, on Monday last, and that no blame can be attached either to any member of the police force or to any civilians who were then firing at the Kelly gang and Jones’s hotel and kitchen.”
CONTINUATION OF THE INQUEST ON SHERRITT
(FROM OUR OWN REPORTER)
The inquiry upon the body of Aaron Sherritt was continued at the local police court this morning, before a jury of twelve.
Mr. Foster, P.M., conducted the inquiry.
The evidence given on the previous day having been read over to the jury, the examination of Mrs. Ellen Barry was proceeded with. She deposed as follows:―
Byrne used to keep me between himself and the door during the time I was outside the house speaking to him. There was only the door at the back of the house, no window. The persons occupying the back room could not have fired on Byrne through the back door during the time he was there.
To Mr. Foster.― Two shots were fired at the house, I am sure. There were other shots fired in the front of the other, I do not know by whom. No shots were fired by the police. Constable Duross, when the knock came, as I said before, went into the bedroom to the three other constables. His object was to conceal himself in order that any one coming into the hut might not know the police where there. I cannot exactly fix the time which elapsed between the time I saw Byrne and was joined by Dan Kelly. Deceased was pointing at a sapling to weeks. It was more “for a lark” that he pointed out the sapling, not to show weeks his way. I have no reason to suppose that there were more than Byrne and Dan Kelly there. The doors were open some time. After Byrne fired at the side of the house he told me to go and see if any off the boards were knocked off. I went and looked at the boards, and I found they were all-right, and I went and told Byrne so. I was talking to Byrne for about ten minutes. He was talking about his mother and other things. He walked me back to the house by the arm. Weeks was with us. Dan at this time was gathering bushes to set fire to the house. Dan said he was going to fire it. He asked me if there was any kerosene in the house. I said “No.” He said, “What is burning on the table, then?” I said, “A candle.” I cannot say whether he set fire to the bushes, or attempted to do so, with matches. I only saw him going around the house picking them up. Weeks was standing close to me nearly all the time. Joe said, “We will burn the place.” I said, “Don’t, for God’s sake, do that, or the girl will be burnt too.” He said, “You go in and bring her out.” I said, “If I go in I shan’t be let out again perhaps.” He said, “We will see about that.” I said, “Well, don’t burn the house whatever you do.” I then went into the house, and remained inside. I heard the dog barking during the night, and a noise of some kind, but I could not say what it was.
To the Jury.―I remained there all that night. The police went away in the morning. Some of the men went out of the bedroom into the front room during the night. I do not know whether they went outside. I was lying down. I thought the outlaws were outside and would fire into the house. My daughter was under the bed. Both Byrne and Dan Kelly had ordinary hats on. Their faces could be seen clearly. The police could not see Byrne through the calico partition. You could not see him from inside the house, but he had a good view, as the place was lighted by the fire and candle. The body of the deceased was left on the floor during the night. In the morning the men shifted him. The police sent a Chinaman with a message to the police at Beechworth. It was after daylight next morning. The Chinaman came back afterwards, and said he had too much work to do, and would not go. Mr. O’Donohue, a state-school teacher, volunteered to go, but came back and said his wife would not let him go. A Mr. Duckett said he would go, but from what he said the police did not think he meant to go. Constable Armstrong left at about 9 o’clock. He had no breakfast. During my conversation with Byrne he asked me how many men where in the room. I said I saw two in there. He said, “Don’t say we are about, or I’ll shoot you.” After he shot Aaron he heard the men cocking their guns inside, and he sang out to Dan, “Hark! Look out; do you hear that? They are cocking their guns inside.”
To Mr. Foster.―There is a bullet hole in the back door. I think it must have been done when Aaron was shot. The door was only half open.
Mr. Foster.―It does not present that appearance at all. It seems to have been fired when the door was shut.
Witness continued―Byrne was standing, I think, on the chimney side of the door. I could not say where he was standing, as I was inside the house. Byrne told me that he was not going to shoot me. He also said that Weeks had once tried to “lag” him for a horse, but he was not going to shoot him.
Antoine Weeks deposed.―I am a market-gardener, residing at the woolshed. I remember last Saturday night. I went out to go to Mr. Weiner’s a neighbour. I went as far as the house, and saw there was no light, and turned back again. The house is about 15 yards from Sherritt’s place. It was about 10 minutes past 6 when I left Weiner’s I met Dan Kelly and Joe Byrne. They were both on horseback. Byrne was leading a horse besides the one he was riding. I think I said “Good Evening” as I passed. Byrne rode past me about five or six yards, and then came back again. He said to me “What is your name?” I said “Weeks, from the Woolshed.” He then came close to me on his horse, and stooped his head down, and looked in my face and said, “Do you know me?” I said “No, I don’t.” He said “Well, I’m Joe Byrne.” I said, “I don’t believe it.” He put his hand back, and drew a revolver, which he pointed at my head, and said, “Perhaps you will believe it now.” He then said to me, pointing to the man behind him, “That is Mr. Kelly.” He then said to Kelly, “Put the handcuffs on him.” Dan Kelly dismounted, and put the handcuffs on me. Byrne then said to me, “Don’t be frightened. I won’t hurt you. You summoned me once for a horse, but I forgive you that.” I did summon him once, and he was fined about £5 at this court. Byrne said, “You have to go with us to Sherritt’s place, and you must do what we want and we will do you no harm.” They took me along the road. Joe Byrne rode in front and Dan Kelly behind. I walked between them. We came to Sherritt’s place, at least we turned up about twenty yards into the bush between Sherritt’s and Weiner’s place. Both Kelly and Byrne dismounted. One of them fastened his horse up by the bridle. Byrne said, “You have nothing to do but what I tell you.” Kelly walked over on to the main road by way of the bush. Byrne said to me, “Me and you go to the door (of Sherritt’s) and knock at it.” He put me in front of the back door, about a yard from it. He said, “Knock.” He was standing behind me, by the side of the chimney. He was armed with a rifle. Both Kelly and Byrne took a rifle from the pack-horse when they dismounted. I knocked. Byrne then said, “Call Aaron.” I did so. Aaron had then opened the door. He came out. When Byrne heard the door opening, he went from behind me a little further to the right, about a yard. When Aaron said, “Who is there outside?” Byrne fired at once, and shot him. I am not sure, but I think he fired a second shot. I saw Aaron fall. He fell sideways into the house on the floor. Byrne then looked in at the door, and, seeing Mrs. Barry and Mrs. Sherritt, he said, “That is the man I want.” He then asked Mrs. Barry to send the men out. Byrne was then standing outside the house behind me. Mrs. Barry came out. Byrne kept Mrs. Barry outside about half an hour, I think. About 10 or 12 minutes after he shot Aaron, Byrne put two bullets through the bedroom, and two more later on. He said that if the men did not come out he would set fire to the house. I did not see the front door open. I heard two shots fired in the front. Byrne took Mrs. Barry and me away from the house, about five yards from the door. He made me leave the door, and took the handcuffs off. After that he sent Mrs Barry into the house. I heard Dan Kelly talking during this time, but could not say what he was doing. That was after the shots were fired at the front of the house. After Mrs. Barry was sent in, Byrne spoke to Kelly, who was in the bush. I could not see Kelly. Byrne asked Kelly if he should send me into the house. Kelly said, “No; don’t send him in.” They waited there for some time to see if Mrs. Barry would send the men out. They then went away. I remained for about half an hour of three-quarters of an hour before I left. I did not hear the outlaws go away. I think they left before I did, but I did not hear them. I reached home at about half-past 9 o’clock on Saturday night.
To the Jury.―I had no chance of communicating with the police. When Kelly took the handcuffs off me, he asked me if my horse was at home. I said, “No; I turned him out.” Kelly said, “Mind you give no information.”
To Mr. Foster.―It was about 10 minutes past 6 when we got to Sherritt’s house.
The foreman of the jury at this stage asked the coroner if he considered it necessary to proceed with further evidence, as they were quite satisfied as to the cause of Aaron Sherritt’s death.
Mr. Foster replied that in his opinion the circumstances of the case were such that it was highly essential that every fact of the case should be elicited.
Antoine Weeks, recalled, deposed,―I identified the body I saw at the Vine Hotel as that of Aaron Sherritt.
Ellen Sherritt, widow of deceased, deposed,―I remember Saturday evening, the 26th inst. I and my husband and four constables were in the house. I heard a knock at the back door. Weeks called out “Aaron.” My husband said, “Who is there?” I said, “Mr. Weeks, I know his voice.” My husband opened the door, and asked Weeks what he wanted. Weeks said he was lost, and asked my husband to go out and show him the road. He went out, and saw Weeks standing there with handcuffs on. As he went out of the door another man went behind the chimney, and my husband said “Who’s there?” When he said that, Joe Byrne said something―I could not hear what―and then fired. My husband made his way back from the door, and Byrne then fired a second shot at him. My husband staggered a bit, and then fell down on the floor, striking his head on a box as he fell.
To Mr. Foster.―I was standing on one side of the door, and my mother was on the other.
Witness continued.―I rushed into the room as the second shot was fired. I spoke to Byrne. I said, “Why did you shoot Aaron?” He said if he had not shot Aaron, Aaron would have shot him if he got a chance. Byrne heard Duross going into the bedroom, and he said, “Who is that man?” I said it was a man that was going to stay with us that night; that he was looking for work. Byrne said, “Bring that man out.” Before that he told mother to open the front door, and she did so. Dan Kelly made his appearance there. I saw him. He had a revolver pointed at me when he came to the door. Byrne after that called myself and my mother out to the backdoor. He said, “Why don’t you bring that man out of the room.” I said, “He won’t come out with me.” Byrne then called out to Dan Kelly to look out, as there was a window in the front. Kelly replied, “It is all right.” Kelly had a rifle pointed at the window. After that Byrne fired two shots into the bedroom where the men were. He sent me in two or three times to get the men to come out. All the time he had my mother and Mr. Weeks in front of him, shading him from the door. When I went out the second time he kept whistling and beckoning to someone in the back, in the bush, and telling them to come along, as there were men in the room. No one came. Just then he heard some one “clicking” their arms inside, and he said that if I did not bring them out he would shoot both myself and my mother. I went inside, and the men would not let me out again, as they said I would be shot. My mother was outside all this time, and Dan Kelly told her to fetch the men out, or he would burn the house down. Kelly went about collecting bushes. I could hear him speaking to my mother through the house. My mother afterwards came in. Two of the men shut the doors.
To Mr. Foster.―It was about two hours after my husband was shot that the men shut the doors.
Witness continued.―After the doors were shut I heard someone talking outside for two or three hours. I only saw Byrne and Dan Kelly. I was in the house the next morning when the messenger was sent into Beechworth. A Mr. O’Donohoe was sent. A Chinaman was sent before that with a letter to Mr. O’Donohoe, but he returned with it. Mr. O’Donohoe came afterwards, and said he would go. He started, but came back. He said he was afraid he might meet the outlaws. I have heard that a man was riding up and down the road to prevent any one going into Beechworth. One of the constables went in after that. He would have gone before, at daybreak, but it was feared that the outlaws would return and surround the house, and so they thought it dangerous to separate. Another messenger named Duckett was sent, but Constable Armstrong said he would not trust him, but would go himself.
To Mr. Foster.―No shots were fired by the police when I went into the bedroom. After my husband was shot, the police were standing on each side of the door. Dan Kelly and Byrne were standing at the open doors. They could not leave the bedroom. If they had attempted to lift the calico screen they must have been shot down. There was a bright light in the front room, and if they had fired they must have killed either my mother or Mr. Weeks, as they were in front. My mother was outside for about half an hour after my husband was shot. Five or six shots were fired. I think the shots that killed my husband were fired by two different men. The two shots were simultaneous. I only saw one man. I really think the other outlaws were there, as the two made themselves so “bounceable.” I did not see or hear anything of the others.
To the Jury.―The police did not leave the bedroom for about two hours. Then they shut the doors. After daylight the police went out, and looked round the house, but could see nothing. I am sure it was Dan Kelly, not Ned. I know him by his portrait and besides Byrne was calling him “Dan” all the time.
To Mr. Foster.―No shots were fired in at the front door before my husband’s death. Some shots were fired at the front afterwards, but I do not know whether they came in or not.
Constable Henry Armstrong deposed.―I was in charge of the watch party at Sebastopol. There were three other constables on the same duty with me. During the night we were engaged in watching Mrs. Byrne’s house. We generally left at 8 o’clock in the evening, and returned between 3 and 5 in the morning. I remember Saturday, the 26th inst. I was in bed at Aaron Sherritt’s house, along with two other constables. The other constable was having his tea.
To Mr. Foster.―We remained in the bedroom all day, as it was less liable to be under observation.
Witness continued.―Our instructions were to remain in the room during the day. At about 6 o’clock in the evening on Saturday I heard a knock at the door. Duross then went into the bedroom. I heard a voice saying “come out, Sherritt; I have lost my way.” Duross then said, “Go out, Aaron, and show them.” I then heard a shot, and immediately after another. There were about two seconds between the shots. I then said, “Take your arms, boys; the Kellys are here.” Our arms consisted of double-barrelled guns and revolvers. The guns were loaded with swan-shot wire cartridges. I then heard Mrs. Barry say, “Aaron is shot.” I went to the front door window and knelt on the bed to fire out, but I could see nothing but darkness. A bullet then passed from the front quite close to my head. The bullet is that produced. It was found upon the floor. The walls of the house are made of hard boards about an inch thick. Several shots were then fired. I then heard a voice outside say, “Come out and surrender, or we’ll roast you.” We all replied “We’ll die first.” I then went to the front door, and went to fire in the direction I heard some voices, but Mrs. Barry and Mrs. Sherritt were in the way, and I could not fire. I then said, “Boys, come and let us break portholes.” We tried but could not succeed. I then said, “Men, have you got any suggestions to make; our conduct will be severely commented upon in this matter if we don’t make a bold fight.” I said, “We’ll rush them, are you game to follow?” I asked each man separately, and he replied, “Yes.” We then decided to wait for a better chance, thinking they might try to rush us, being the attacking party, and thinking also that we might get a shot at them when the light was extinguished. We remained quiet for some time, and the candle went out. I then closed both doors. We looked out then to fire. We heard voices, but could see no one. There was talking at intervals up to about daylight. When it got light, another constable and I went round the house, and found they had left. There was a Chinaman passing at about 7 o’clock, and I wrote a note and gave it to him to deliver to the police at Beechworth. I proposed going, but it was not considered advisable to separate, as another attack might be made. The Chinaman came back, and said he would not go. He intended to go at first. I gave him 5s., and promised him more when he returned. I sent him to Mr. O’Donohoe, the school teacher, but soon came back. He said he would deliver the message, but soon returned, saying he was afraid he would be shot. We sent another Chinaman and a miner, but the police not coming I went myself. On the road I stuck a man up, and took his horse from him by force, and rode into Beechworth, arriving about 1 o’clock. At the time firing was going on I heard whistling in the distance, at the rear of the house.
To Mr. Foster.―I believe the outlaws knew we were in the house. The two younger brothers of the Byrnes saw some of us in the house. The day before Sherritt told me they knew. I believe Joe Byrne intercepted our messengers.
To the Jury.―I saw Joe Byrne riding along quickly when I escaped into Beechworth. He rode towards me, but I turned away. The four of us did not leave at once, because we wanted to be on the ground to assist the men from Beechworth. We had no horses there.
Constable Robert Alexander deposed,―I remember Saturday, the 26th inst., I was in Aaron Sherritt’s house at Sebastopol. Constables Armstrong, Duross, and Dowling, and Aaron Sherritt, Mrs. Sherritt, and Mrs. Barry were there. Heard a knock at the back door. At the time I was in the bedroom of the hut. I heard a voice say, “Aaron, I have lost my way.” Mrs. Sherritt said, “Who is there?” A voice replied, “Wicks.” Aaron opened the door. I heard Aaron say something about a sapling. He opened the door partly, but did not go outside. I heard two shots fired. I saw the body of Sherritt on the floor afterwards. There were shots fired after this from the front. There were three shots fired into the bedroom, and another from the back into the bedroom. I heard the person at the back call out to the one in the front, “Look out for the window in front.” Some one called on us to come out, and “I’ll shoot you down like —— dogs.” Mrs. Barry and Mrs. Sherritt were in the bedroom at this time. About two hours after this Constable Armstrong shut the doors. I did not hear deceased speak after being shot. I heard voices outside till daylight. Towards daylight Armstrong and I went out and went round the hut. There were five messengers sent to Beechworth.
Constable Armstrong, recalled.―I produce a plan of the house. It is a correct one. The shot from the guns would not penetrate the boards of the room.
At this stage the coroner remarked that the only further evidence was that of the other constables in the house, and was, therefore, of a corroborative nature. They could be called, however, if the jury wished.
The Foreman intimated that the jury were quite satisfied.
Mr. Foster remarked that it was usual for the coroner to sum up the evidence to the jury, but in this case the facts were so simple and so free from uncertainty that no comment on his part seemed to be necessary to arrive at a verdict. It only required the exercise of a little common sense. There could be no doubt but that Sherritt had met his death from gunshot wounds inflicted upon him by Joseph Byrne, and that the latter was aided and abetted by Dan Kelly. He therefore left the matter in the hands of the jury.
One of the jurymen stated that he thought Ned Kelly ought to have been in attendance, as he was implicated in the matter to a certain extent.
The coroner declined to postpone the inquest for Kelly’s attendance.
The Jury after consultation found that Aaron Sherritt died at Sebastopol, in the colony of Victoria, on the 26th day of June, 1880, from gunshot wounds received from him at the hands of Joseph Byrne, and that such wounds were inflicted by the said Joseph Byrne on the said Aaron Sherritt with intent him the said Aaron Sherritt thereby then to feloniously, wilfully, and of his malice aforethought, kill and murder, and that Dan Kelly aided and abetted the said Joseph Byrne to murder the said Aaron Sherritt.”
After the verdict had been returned, the foreman of the jury stated that 11 of the jury were in favour of adding a rider to the effect that the police had done everything in their power under the circumstances.
THE INQUIRY ON THE BOY JONES
A magisterial inquiry was held before Mr. Alex. Tone, J.P., at the Wangaratta Hospital, today, on the body of the boy John Jones, who was shot in the Glenrowan encounter.
Ann Jones deposed,―I am a publican residing at Glenrowan. I have seen the body now in the deadhouse. Identify it as my son John Jones, aged 13 years. Between 2 and 3 o’clock on 28th I was in the hotel at Glenrowan with deceased and a great number of other people bailed up by the Kelly gang. A number of shots were fired into the house from outside. When I went into the kitchen, deceased was in another room with others. The firing being incessant, and my daughter wounded in the forehead, I rushed to the room where I saw deceased, who, on seeing me, cried, “O mother,” and pulling my leg, said “I am shot.” I then took him into the kitchen, and placed him in the cover near the fireplace. I then went outside the house, and begged the bushrangers to let me leave the premises, as my boy was shot, but they would not permit me to leave. The three men I spoke to where Joe Byrne, Dan Kelly, and Stephen Hart. I again ran out, and screamed to the police that my boy was shot. My daughter, Jane Jones, told Dan Kelly that she was wounded, and asked permission for me to take deceased, herself, and the other children away, which was granted. I brought my son (the deceased) to the Wangaratta Hospital by the 11 a.m. train.
Jane Jones deposed,―I am the daughter of the last witness. I identify the body as that of my brother. We were bailed up by the Kelly gang. Deceased was in the kitchen then, and not in company with my mother. There was a lot of firing taking place then from outside. There was no firing from the inside going on. While I was in the kitchen I was wounded in the forehead, and I then went into the room where my brother was lying with numbers of others. I asked him if he was much hurt. He replied, “Oh, take me by the hand, and tell mother to come to me.” I then took him to the kitchen, and laid him by the fireplace. I got a pillow and laid it under his head, and gave him a drink of water. I brought him in company of my mother to the Wangaratta Hospital.
Dr. Haley, resident surgeon, deposed,―the boy John Jones, now lying dead, was brought to the hospital at half-past 12 on the morning of the 28th. He was suffering from a gunshot wound just behind the hip. I was unable to find the bullet. The boy was in a very low state from loss of blood. He seemed easier after his wounds were dressed. He said he was so, and did not appear to have much pain. I considered the case hopeless. On seeing him at 11 p.m. he was considerably lower but still conscious. The cause of the death was the effect of a gunshot wound.
Francis Edward Brady, the house steward of the hospital, deposed that while dressing the wound he asked the boy how he had received it. He said he was shot by a bullet going through the house while he was lying down. He said after he was shot the people in the house were afraid to assist him, on account of the number of bullets that were flying about. He died about a quarter to 1 on the morning of the 29th inst.
Mr. Tone found that the deceased was accidentally shot.