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4-016 (Text)

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Speaker:
author,male,Kelly, Edward,24 addressee
ns1:discourse_type
Report
Word Count :
4919
Plaint Text :
ns1:register
Public Written
ns1:texttype
Reports
ns1:localityName
http://dbpedia.org/resource/Victoria
Created:
1879
Identifier
4-016
Source
Webby, 1989
pages
443-451
Document metadata
Extent:
25314
Identifier
4-016-plain.txt
Title
4-016#Text
Type
Text

4-016-plain.txt — 24 KB

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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 strategm 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 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 advertise 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 15th 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 Fitzpatrick's 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 Chiltern but Sergeant Whelan ordered him to relieve Steel at Greta and call and arrest Dan and take him in to 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 his 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 Hennan's 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 was 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 for 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 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 bags onto the ground and even the meat out of the cask and destroy all 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 all 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 and I don't 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 interfering with anyone he was making good wages as the creek is very rich within half a mile where I shot Kennedy. I was not there long and on the 25th 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 different 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.  We 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 firearms 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 outside being on sentry we could have shot those two men without speaking but not wishing to take their lives we waited McIntyre laid his gun against a stump and Lonigan sat on the log I advanced, my brother Dan keeping Mcintyre covered which he took to be Constable Flood and had he not obeyed my orders, or attempted 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 instead 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 for Strachan the man who said he would not ask me to stand he would shoot me first like a dog. But it happened to be Lonigan the man who in company with Sergeant Whelan Fitzpatrick and King the Bootmaker and Constable O'Day that tried to put a pair of handcuffs on me in Benalla but could not and had to allow McInnis the miller to put them on, previous to Fitzpatrick swearing he was shot, I was fined two pounds for hitting Fitzpatrick and two pounds for not allowing five curs like Sergeant Whelan O'Day Fitzpatrick King and Lonigan who caught me by the privates and would have sent me to Kingdom come only I was not ready and he is the man that blowed before he left Violet Town if Ned Kelly was to be shot he was the man would shoot him and no doubt he would shoot me even if I threw up my arms and laid down as he knew four of them could not arrest me single handed not to talk of the rest of my mates, also either he or me would have to die, this he knew well therefore he had a right to keep out of my road, Fitzpatrick is the only one I hit out of the five in Benalla, this shows my feeling towards him as he said we were good friends and even swore it but he was the biggest enemy I had in the country with the exception of Lonigan and he can be thankful I was not there when he took a revolver and threatened to shoot my mother in her own house it is not true I fire three shots and missed him a yard and a half I don't think I would use a revolver to shoot a man like him when I was within a yard and a half of him or attempted to fire into a house where my mother brothers and sisters was according to Fitzpatricks statement all around him a man that is such a bad shot as to miss a man three times at a yard and a half would never attempt to fire into a house among a house full of women and children while I had a pair of arms and bunch of fives at the end of them they never failed to peg out anything they came in contact with and Fitzpatrick knew the weight of one them only too well as it run up against him once in Benalla and cost me two pound odd as he is very subject to fainting.  As soon as I shot Lonigan he jumped up and staggered some distance from the logs with his hands raised and then fell he surrendered but too late I asked Mcintyre who was in the tent he replied no one. I advanced and took possession of their two revolvers and fowling piece which I loaded with bullets instead of shot.
I asked Mcintyre where his mates was he said they had gone down the creek and he did not expect them that night he asked me was I going to shoot him and his mates. I told him no I would shoot no man if he gave up his arms and leave the force he said the police all knew Fitzpatrick had wronged us and he intended to leave the force as he had bad health and his life was insured he told me he intended going home and that Kennedy and Scanlon were out looking for our camp and also about the other Police he told me the N.S.W. Police had shot a man for shooting Sergeant Watling. I told him if they did they had shot the wrong man and I expect your gang came to do the same with me, he said no they did not come to shoot me they came to apprehend me I asked him what they carried spencer rifles and breech loading fowling pieces and so much ammunition for as the Police was only supposed to carry one revolver and 6 cartridges in the revolver but they had eighteen rounds of revolver cartridges each three dozen for the fowling piece and twenty one spencer rifle cartridges and God knows how many they had away with the rifle this looked as if they meant not only to shoot me but to riddle me but I don't know either Kennedy Scanlon or him and had nothing against them, he said he would get them to give up their arms if I would not shoot them as I could not blame them, they had to do their duty I said I did not blame them for doing honest duty but I could not suffer them blowing me to pieces in my own native land and they knew Fitzpatrick wronged us and why not make it public and convict him but no they would rather riddle poor unfortunate creoles. but they will rue the day ever Fitzpatrick got among them. Our two mates came over when they heard the shot fired but went back again for fear the Police might come to our camp while we were all away and manure bullock flat with us on our arrival I stopped at the logs and Dan went back to the spring for fear the troopers would come in that way but soon I heard them coming up the creek I told Mcintyre to tell them to give up their arms, he spoke to Kennedy who was some distance in front of Scanlon he reached for his revolver and jumped off, on the offside of his horse and got behind a tree when I called on them to throw up their arms and Scanlan who carried the rifle slewed his horse around to gallop away but the horse would not go and as quick as thought fired at me with the rifle without unslinging it and was in the act of firing again when I had to shoot him and he fell from his horse. 
I could have shot them without speaking but their lives was no good to me. McIntyre jumped on Kennedys horse and I allowed him to go as I did not like to shoot him after he surrendered or I would have shot him as he was between me and Kennedy therefore I could not shoot Kennedy without shooting him first. Kennedy kept firing from behind the tree my brother Dan advanced and Kennedy ran. I followed him he stopped behind another tree and fired again. I shot him in the armpit and he dropped his revolver and ran. I fired again with the gun as he slewed around to surrender. I did not know he had dropped his revolver, the bullet passed through the right side of his chest and he could not live or I would have let him go had they been my own brothers I could not help shooting them or else let them shoot me which they would have done had their bullets been directed as they intended them. But as for handcuffmg Kennedy to a tree or cutting his ear off or brutally treating any of them is a falsehood if Kennedy's ear was cut off it was not done by me and none of my mates was near him after he was shot I put his cloak over him and left him as well as I could and were they my own brothers I could not have been more sorry for them this cannot be called wilful murder for I was compelled to shoot them, or lie down and let them shoot me it would not be wilful murder if they packed our remains in, shattered into a mass of animated gore to Mansfield, they would have got great praise and credit as well as promotion but I am reconed a horrid brute because I had not been cowardly enough to lie down for them under such trying circumstances and insults to my people certainly their wives and children are to be pitied but they must remember those men came into the bush with the intention of scattering pieces of me and my brother all over the bush and yet they know and acknowledge I have been wronged and my mother and four or five men lagged innocent and is my brothers and sisters and my mother not to be pitied also who has no alternative only to put up with the brutal and cowardly conduct of a parcel of big ugly fatnecked wombat headed big bellied magpie legged narrow hipped splay-footed sons of Irish Bailiffs or english landlords which is better known as offices of Justice or Victorian Police who some calls honest gentlemen but I would like to know what business an honest man would have in the Police as it is an old saying it takes a rogue to catch a rogue and a man that knows nothing about roguery would never enter the force and take an oath to arrest brother sister father or mother if required and to have a case and conviction if possible an man knows it is possible to swear a lie and if a policeman looses a conviction for the sake of swearing a lie he has broke his oath therefore he is a perjuror either ways, a Policeman is a disgrace to his country not alone to the mother that suckled him in the first place he is a rogue in his heart but too cowardly to follow it up without having - the force to disguise it.  Next he is a traitor to his country ancestors and religion as they were all catholics before the Saxons and Cranmore yoke held sway since they were persecuted massacred thrown into martyrdom and tortured beyond the ideas of the present generation. What would people say if they saw a strapping big lump of an Irishman shepherding sheep for fifteen bob a week or tailing turkeys Tallarook ranges for a smile from Julia or even begging his tucker, they would say he ought to be ashamed of himself and tar-and-feather him. But he would be a king to a policeman who for a lazy loafing cowardly bilit left the ash corner deserted the shamrock, the emblem of true wit and beauty to serve under a flag and nation that has destroyed massacreed and murdered their fore-fathers by the greatest torture as rolling them down hill in spiked barrels pulling their toe and finger nails and on the wheel and every torture imaginable more was transported to Van Diemand's Land to pine young lives away in starvation and misery among tyrants worse than the promised hell itself all of true blood bone and beauty, that was not murdered on their own soil, or had fled to America or other countries to bloom again another day were doomed to Port McQuarie Toweringabbie Norfolk island and Emu plains and in those places of tyrany and condemnation many a blooming Irishman rather than subdue to the Saxon yoke were flogged to death and bravely died in servile chains but true to the shamrock and a credit to Paddys land.
What would people say if I became a policeman and took an oath to arrest my brother and sisters and relations and convict them by fair or foul means after the conviction of my mother and the persecutions and insults offered to myself and people. Would they say I was a decent gentleman and yet a policeman is still in worse and guilty of meaner actions than that The Queen must surely be proud of such heroic men as the Police and Irish soldiers as It takes eight or eleven of the biggest mud crushers in Melbourne to take one poor little half starved larrakin to a watchhouse. I have seen as many as eleven, big and ugly enough to lift Mount Macedon out of a crab hole more like the species of a baboon or Guerilla than a man actually come into a court house and swear they could not arrest one eight stone larrakin and them armed with battens and niddies without some civilians assistance and some of them going to the hospital from the effects of hits from the fists of the larrakin and the Magistrate would send the poor little larrakin into a dungeon for being a better man than such a parcel of armed curs.  What would England do if America declared war and hoisted a green flag as it is all Irishman that has got command of her armies forts and batteries even her very life guards and beef tasters are Irish would they not slew around and fight her with their own arms for the sake of the colour they dare not wear for years and to reinstate it and rise old Erins isle once more from the pressure and tyrannism of the English yoke which has kept it in poverty and starvation and caused them to wear the enemy's coat. What else can England expect.
Is there not big fat-necked Unicorns enough paid to torment and drive me to do thing which I don't wish to do, without the public assisting them I have never interfered with any person unless they deserved it and yet there are civilians who take fire-arms against me, for what reason I do not know unless they want me to turn on them and exterminate them with out medicine. I shall be compelled to make an example of some of them if they cannot find no other employment. If I had robbed and plundered ravished and murdered everything I met young and old rich and poor the public could not do any more than take firearms and assisting the police as they have done, but by the light that shines pegged on an ant-bed with their bellies opened their fat taken out rendered and poured down their throat boiling hot will be cool to what pleasure I will give some of them and any person aiding or harbouring or assisting the Police in any way whatever or employing any person whom they know to be a detective or cad or those who would be so deprived as to take blood money will be outlawed and declared unfit to be allowed human buriel their property either consumed or confiscated and them theirs and all belonging to them exterminated off the face of the earth, the enemy I cannot catch myself I shall give a payable reward for, I would like to know who put that article that reminds me of a poodle dog half clipped in the lion fashion called Brooke E. Smith Superintendent of Police he knows as much about commanding Police as Captain Standish does about mustering mosquitoes and boiling them down for their fat on the back blocks of the Lachlan for he has a head like a turnip a stiff neck as big as his shoulders narrow hipped and pointed towards the feet like a vine stake and if there is any one to be called a murderer regarding Kennedy, Scanlan and Lonigan it is that misplaced poodle he gets as much pay as a dozen good troopers if there is any good in them, and what does he do for it he cannot look behind him without turning his whole frame it takes three or four police to keep sentry while he sleeps in Wangaratta, for fear of body snatchers do they think he is a superior animal to the men that has to guard him if so why not send the men that gets big pay and reconed superior to the common police after me and you shall soon save the country of high salaries to men that is fit for nothing else but getting better men than himself shot and sending orphan children to the industrial school to make prostitutes and cads of them for the Detectives and other evil disposed persons send the high paid and men that received big salaries for year in a gang by themselves after me.  
As it makes no difference to them but it will give them a chance of showing whether they are worth more pay than a common trooper or not and I think the Public will soon find they are only in the road of good men and obtaining money under false pretences. I do not call Mcintyre a coward for I reckon he is as game a man as wears the jacket as he had the presence of mind to know his position, directly as he was spoken to and only foolishness to disobey it was cowardice that made Lonigan and the others fight it is only foolhardiness to disobey an outlaw as any Policeman or other man who do not throw up their arms directly as I call on them knows the consequence which is a speedy dispatch to Kingdom come. I wish those men who joined the stock protection society to withdraw their money and give it and as much more to the widows and orphans and poor of Greta district where I spent and will again spend many a happy day fearless free and bold as it only aids the police to procure false witnesses and go whacks with men to steal horses and lag innocent men it would suit them far better to subscribe a sum and give it to the poor of their district and there is no fear of anyone stealing their property for no man could steal their horses without the knowledge of the poor if any man was mean enough to steal their property the poor would rise out to a man and find them if they were on the face of the earth it will always pay a rich man to be liberal with the poor and make as little enemies as he can as he shall find if the poor is on his side he shall loose nothing by it If they depend in the police they shall be drove to destruction as they can not and will not protect them if duffing and bushranging were abolished the police would have to cadge for their living I speak from experience as I have sold horses and cattle innumerable and yet eight head of the culls is all ever was found I never was interfered with whilst I kept up this successful trade I give fair warning to all those who has reason to fear me to sell out and give £10 out of every hundred towards the widow and orphan fund~. and do not attempt to reside in Victoria but as short a time as possible after reading this notice neglect this and abide by the consequences which shall be worse than the rust in the wheat in Victoria or the druth of a dry season to the grasshoppers in New South Wales I do not wish to give the order full force without giving timely warning, but I am a widows son outlawed and my orders must be obeyed.
EDWARD KELLY.

http://ns.ausnc.org.au/corpora/cooee/source/4-016#Text