THE POLICE MURDERS
An application was made yesterday afternoon to the Chief Justice by Mr. Gurner, the Crown Solicitor, for an order adjudging the Kellys and the two unknown men to be outlaws for not having surrendered at Mansfield on the 12th inst. as required by a former order. The application was supported by an affidavit sworn by Captain Standish, the chief commissioner of police, verifying the fact that the men had not surrendered nor been captured, and that the notices requiring them to surrender had been published as directed. His honour made the order as sought against each of the men. The following is a copy of the order made against Daniel Kelly. The orders against the others are similar:―
“Whereas on the 1st day of November, 1878, an information made on oath was preferred by William Mainwaring before Frederick Call, Esq., a police magistrate in and for the colony of Victoria, and a justice of the peace of and for every bailiwick of the said colony, that Daniel Kelly, of Greta, in the said Colony, on the 26th day of October, 1878, at Stringybark Creek, near Mansfield, in the northern bailiwick of the said colony, did, in company with Edward Kelly and two other men whose names are unknown to the said William Mainwaring, feloniously and of malice aforethought kill and murder one Maurice Scanlon; and whereas on the said 1st day of November, a warrant was thereupon duly issued by the said Frederick Call as such police magistrate and justice of the peace as aforesaid for the apprehension of the said Daniel Kelly, charging him with the crime aforesaid, which is a felony punishable by law with death; and whereas on the 2nd day of November instant, the Attorney-General of the colony of Victoria directed that an application in chambers on his behalf should be made to one of the judges of the Supreme Court in pursuance of the Felons Apprehension Act 1878, for the issue of a Bench warrant under the hand and seal of such judge for the apprehension of the said Daniel Kelly, in order to his answering and taking his trial for the aforesaid crime of which he so stands accused, and whereas by an affidavit of Frederick Chas. Standish, chief commissioner of police, sworn and filed in this court on the 4th day of November instant, I was satisfied of the before-mentioned facts, and that the said Daniel Kelly was at large, and would probably resist all attempts by the ordinary legal means to apprehend him, and whereas, upon an application made to me in chambers on behalf of the said Attorney-General, I did, on the said 4th day of November, in further pursuance of the Felons Apprehension Act 1878, issue a bench warrant under my hand and seal for the apprehension of the said Daniel Kelly, in order to his answering and taking his trial for the before-mentioned crime of which he so stands accused; and whereas, on the said 4th day of November, in further pursuance of the Felons Apprehension Act 1878, I did order that a summons should be inserted in the Victoria Government Gazette, the Argus, Age, Telegraph, Australasian, the Benalla Standard, Ovens and Murray Advertiser, Federal Standard, Jamieson Chronicle, Mansfield Guardian, Wahgunyah and Rutherglen News newspapers requiring the said Daniel Kelly to surrender himself on or before the 12th day of November, 1878, at Mansfield, in the said colony of Victoria, to abide his trial for the before-mentioned crime of which he so stands accused, and whereas on the said 4th day of November, in further pursuance of the Felons Apprehension Act 1878, a summons was issued under my hand requiring the said Daniel Kelly to surrender himself on or before the said 12th day of November, at Mansfield, in the said colony, to abide his trial for the before-mentioned crime of which he stands accused; and whereas, on the 15th day of November inst., an affidavit was sworn by Fredk. Charles Standish, chief commissioner of police, and filed in this Court, verifying the due publication of the said summons in the Victoria Government Gazette and the respective newspapers before mentioned, pursuant to my order of the said 4th day of November, and testifying that the said Daniel Kelly is not in custody, and has not surrendered himself for trial for the said crime of which he stands accused at Mansfield aforesaid, or at any other place in Victoria pursuant to the said summons, and that the said Daniel Kelly has not been apprehended. Now, therefore, upon reading the said affidavit, I do hereby declare that I am satisfied that the said Daniel Kelly has not surrendered himself in pursuance to the said summons for the said crime of which he stands accused, that he has not been apprehended, and that the said summons has been duly published, and I do hereby accordingly adjudge and declare the said Daniel Kelly to be an outlaw within the meaning of the Felons Apprehension Act 1878.”
After these orders shall have been published in the Government Gazette and the newspapers, the men may be shot without being summoned to surrender, and that by any one whether a constable or not. The orders, proclaimed by the Governor in Council were published in last night’s Gazette.
(BY ELECTRIC TELEGRAPH)
(FROM OUR SPECIAL REPORTER)
Benalla, Friday, 10.30 P.M.
No further movement by the police has taken place to-day, notwithstanding the rumour afloat last night that the troopers here were under orders to make a start. It has, however, transpired that a party somewhat resembling Kelly’s gang were seen in the vicinity of Reynold’s store, near Glenrowan, on the night of Friday last. The statement has not, however, been authenticated, and it is thought by the authorities that if such a party were at the spot indicated it must have been some shearers. There is, however, this to be considered, that there is a probability of Kelly and his comrades having passed there, if the tracks followed from Lake Rowan were theirs. The place indicated is a little on the Melbourne side of the Glenrowan railway station, and at the south of the Warby Ranges, and continuing the track from the place where it was lost they might have come round the southern spur of the range and have made towards the railway line with the intention of crossing it, and making towards Greta, where they have so many friends, and then on towards the head of the King River. The crossing of the railway, however, appears to me to be somewhat of a difficulty in their way, as they could scarcely do so without leaving some trace of their movements. Their horses would not now be in good enough condition to jump the fences on either side of the line, which are somewhat stiff ones, and they could not pass through any of the gates without the gatekeeper knowing of it. It has now become the general impression that the capture of the gang will be a longer job than was at first anticipated, but even if this is the case no blame can be attached to the authorities for the delay. For 15 months before the fatal attack on Sergeant Kennedy’s party the Kellys evaded pursuit in the mountain ranges, and now when they know it is a matter of life and death they will be still more cautious.
Nothing has been heard to-day from any of the search parties that are out, and the authorities are evidently waiting for some trustworthy information before they make a fresh start, so as not to wear out the horses in following up a blind trail. When the night train arrived here from Melbourne, it was stated by some of the passengers that a rumour was current at Seymour that the troopers had encountered the gang, and that two of the latter had been shot. This was all that they knew, but the authorities here have received no such information, and as the Seymour telegraph office was closed at the time, no information could be obtained from there. No credence is, however, attached to the statement.
(FROM OUR OWN CORRESPONDENT)
Mansfield, Friday, 7 P.M.
This morning, about 2 o’clock, a party of horsemen galloped through the main street yelling and shouting with all their might, occasionally stopping in front of some of the dwellings of the principal residents and halloaing lustily, and then galloped off down the road. One person got up to ascertain who the disturbers were, and stated that there were three or four men on horseback. It has been hinted that the party consisted of the notorious Kelly gang, who passed through Mansfield out of bravado, knowing that no police are here to apprehend them. I do not altogether fall into the notion that the gang would be so foolhardy as to run such a risk, but they could do it without being molested by the one or two policemen who are left here; and this only goes to prove what is frequently remarked, that Mansfield is not sufficiently protected by the police. Information arrived here to-day to the effect that Walter Lynch was with the Kelly party the night before the police were murdered, and could give information as to who the two unknown men are who are with the Kellys. Other informants, who are well acquainted with the district, state that if the gang were desirous to get into New South Wales they would not attempt to cross over between Wodonga and Echuca, but most certainly above this point by North Gippsland, and into the ranges of the Upper Murray.