Chapter XXIX

The Kelly Gang; Horse-stealing, a Great Industry of the District;
Faking the Brands; Assault on Constable Fitzpatrick; The Bush
Telegraphs; Murder of Sergeant Kennedy and Constables Scanlan and
Lonergan; Sticking up of the Faithfull Creek Station; Robbery of the
National Bank at Euroa; A Big Haul.

In the early years of Australian settlement bushranging was one of the normal conditions in the colonies, and therefore attracted little notice. Even the exploits of such heroes of the roads as Mike Howe, Brady, the Jewboy, and Jackey Jackey are very briefly related in the Press, and, with the exception of the first-named, about whom Mr. James Bonwick has written a romance, very little has been heard of them since the age in which they lived. In the next epoch the doings of the bushrangers were dwarfed in the public estimation by the sensational reports of the gold finds, and although in consequence of the growth of population and the great increase in the number of newspapers their actions received a wider publicity than those of their predecessors the accounts of them are still meagre. The sensational inauguration of the next era by the Gardiner gang--the sticking up and robbing of the Government Gold Escort--attracted wider notice to the bushrangers of that epoch, and some notice of them appears even in the English Press. But the notoriety of even the most celebrated of the bushrangers of that epoch was nothing as compared with that of the Kelly gang, about whom more columns of newspaper matter have been printed than of all the bushrangers together in the earlier epochs. Several histories of the Kelly gang have also been published, the best known, perhaps, being those of Mr. Superintendent Hare, who was for a time in charge of the police who were trying to capture the bushrangers, and Mr. John McWhirter, the reporter of the _Melbourne Age_, who accompanied the police in their final and successful effort to suppress the gang. Mr. McWhirter's "History" is largely compiled from the reports which had appeared in the _Age_, and Mr. Hare is also largely indebted to the same source. The Kellys have also inspired more than one drama, although the subject is not a favourite one with moralists, and the representation of bushranging dramas has not met with favour from a large section of the community. In this connection we may note the influence of modern science. The stage of the performances of the earlier bushrangers was confined to their own locality. They were rarely heard of outside the colony in which they appeared. In the next stage the telegraph carried news of their performances all over Australia, and occasionally a stray newspaper paragraph was quoted in England. With the Kellys, however, it was different. Notices of their exploits were even sent across the ocean by cable, and the British public naturally desired to hear more of these daring robbers, and therefore extracts from the newspapers of Australia appeared more frequently in the English Press than at any former epoch. The consequence is that we can reconstruct the history of the Kellys more easily than that of any other bushranging family. The father of Ned Kelly was transported from Ireland. The maiden name of his wife was Ellen Quinn. The eldest son, Ned, was born at Wallan Wallan in 1854. Jim was born in 1856, and Dan in 1861. There were besides four daughters--namely, Mrs. Gunn, Mrs. Skillian, and Kate and Grace Kelly. In 1871, the second son, James, then about fifteen years of age, was sentenced to five years' imprisonment on two charges of horse-stealing. On his discharge in 1876 he went to New South Wales and stuck up a number of people. He was captured almost immediately, and sent to gaol for ten years. Edward, commonly known as Ned Kelly, was arrested in 1870 and charged with having assisted Power in one of his numerous bushranging exploits, but was acquitted, as none of the witnesses could swear to his identity. It is said that on more than one occasion he took care of Power's horses while that worthy was engaged in robbing. In 1871 he was sent to gaol for three years for horse-stealing.

Horse-stealing appears to have been the principal industry of the district, as cattle-duffing had been of the Wedden Mountain district, and of Manaro, and the Kellys, the Harts, the Byrnes, and others in this district, were quite as adept in "faking" brands as the Lowrys, the O'Meallys, or the Clarkes had been. But science had made advances even in these mountains since the era of the Gardiner gang. In earlier times the brands of horses and cattle were "faked"--_i.e._, altered so as to represent something different from what they were intended to do--by branding over them and adding to them. There were some expert blacksmiths among the cattle-duffers, and these would make a brand to fit over an old brand and completely change its character. For instance, a simple A brand might have a circle burned round it thus--(A), or it might have another letter conjoined to it thus--A-B. The manner in which brands might be "faked" was endless, and when it was impossible to "fake" a brand it was "blotched," or burned over, so that the original design could not be recognised. The Kellys and their companions in the Warby and Strathbogie ranges, however, did not go to the trouble of making special brands to "fake" other brands. They obtained the same results by the use of iodine, which burned such marks into the skins of the stolen animals as were desired. The plan adopted was to make raids into distant parts, collect a mob of horses, drive them into an inaccessible ravine in the mountains, "fake" their brands and keep them until the sores had healed and the brands looked old. Then the animals, having got fat in the meantime, were driven to market and sold without fear of detection. Horses stolen in the north--some even from across the New South Wales border--were driven south to Melbourne, Ballarat, Geelong, or some other large town, and sold openly in the public sale yards; while those stolen in the south were driven to some northern market, sometimes being taken as far as Sydney.

In 1876, Daniel, the youngest of the Kelly boys, was sent to gaol for three months for having taken part in a house-breaking robbery in conjunction with the Lloyds, who were connected by marriage with the Kellys. In the following year, 1887, warrants were issued for his arrest on six charges of horse-stealing, but he could not be found. On April 15th, 1878, Constable Alexander Fitzpatrick, having learned that Dan Kelly was at home, went to the Kellys' hut at Greta, to arrest him. "This hut," said the _Benalla Standard_, "was a well-known trysting-place for the bushranger Power." The constable rode up, and seeing Dan standing at the door said to him, "You're my prisoner." "All right," replied Dan nonchalantly. The constable dismounted and hitched his horse to a sapling, when Dan said that he had been riding all day and had had nothing to eat. After some conversation the constable agreed to wait while Dan had some food, before taking him to Benalla, and Dan went in and sat down. As he did so Mrs. Kelly said to Fitzpatrick, "You won't take Dan out o' this to-night." "Shut up, mother," exclaimed Dan, "it's all right." The old woman continued to grumble in an undertone, while she placed bread and meat and tea on the table. Presently she asked the constable, "Have you got a warrant?" "I've got a telegram, and that's as good," replied Fitzpatrick. The constable was standing at the door, and Dan, who took his arrest coolly, as if it was a mere matter of course, told his mother not to make a row about it, as it did not matter, and then invited the constable to take some food. Fitzpatrick accepted the invitation, and went in. As he seated himself Mrs. Kelly remarked, "If my son Ned was here, he'd throw you out of the window." Dan was looking out of the window at the time, and he exclaimed "Here he is." Fitzpatrick very naturally turned to look, and Dan pounced on to him. Mrs. Kelly seized a heavy garden spade which had been used as a fire shovel and was much damaged, and struck Fitzpatrick a furious blow on the head, making a dint in his helmet. Fitzpatrick fell down, and several people hearing the noise rushed in. Among them were Ned Kelly, William Skillian (husband of one of the Kelly girls), and William Williams, alias Bricky. Ned Kelly held a revolver in his hand which was still smoking, and Fitzpatrick was wounded in the arm. Ned said, "I'm sorry I fired. You're the civilest---- trap I've seen." He offered to cut the bullet out and bind up the wound, but Fitzpatrick refused to let him touch it. Then Ned said that the constable could not be allowed to go away until the bullet was cut out and he had promised not to tell how he got wounded. "You can say your pistol went off by accident," he said. "Tell him if he does tell he won't live long after," cried Mrs. Kelly. The old woman was again told to "shut up." Fitzpatrick, knowing the men he had to deal with, promised not to say who had wounded him, and took his knife from his pocket. He cut a small gash, over where the bullet was, and squeezed it out. Then he twisted his handkerchief round the wound and said it was "all right." Ned Kelly picked up the bullet and put it away on a shelf, and a few minutes later the constable was allowed to mount his horse and go. On the following day a party of troopers went to the Eleven Mile Creek and arrested Mrs. Ellen Kelly, William Skillian, and William Williams. A search was made for Ned and Dan Kelly, but they could not be found. Skillian and Williams, when brought up for trial for their share in this assault, declared that they only came in after the shot was fired, and had taken no part whatever in the scrimmage. They were, however, sentenced to six years' imprisonment, while Mrs. Kelly was sent to gaol for three years.

It was generally understood that Ned and Dan Kelly were in hiding somewhere in the neighbourhood, and some twenty-five troopers with black trackers were told off to search for them. Fourteen men, residents in the neighbourhood, were arrested under the Outlawry Act, on suspicion that they had harboured or aided and abetted the bushrangers, and were remanded from week to week for some three months, while the police were seeking for evidence against them. Mr. Zincke, who appeared at the police court on behalf of the prisoners, protested against this arbitrary act of the police, and urged that it was illegal to detain as prisoners persons against whom no specific charge had been made. "If the Kellys were caught," he said, "these men would be told to go about their business." He stated his belief that the Outlawry Act would not warrant these proceedings and that the law was being strained in a dangerous manner. The magistrates on the bench generally listened to his pleadings with exemplary patience and then granted the remand asked for by the police. There can be very little doubt that Mr. Zincke was perfectly justified in saying that these proceedings were illegal, but the magistrates of Beechworth and other parts of the disturbed district had learned by experience that, as long as the sympathisers and "bush telegraphs" were at liberty, the police had very little chance of capturing the bushrangers, and so, during the whole time that the Kelly gang was in existence, a number of people were kept locked up because they were suspected of giving food or assistance to the outlaws and, more important than all, of giving the bushrangers information as to the movements of the police. The number of persons thus held under restraint varied from month to month. Sometimes a few were discharged while others took their places. The largest number in the police cells at any one time was thirty-five. But the authorities after all acted in a half-hearted and inefficient manner. They arrested only men and boys, while the women and girls were left free to assist the bushrangers as they pleased, and the women were quite as active and quite as efficient in affording assistance and information to the bushrangers as the men could have possibly been.

On October 26th one of the parties of police in search of the outlaws went into camp at Stringy Bark Creek, about eight miles on the King River side of the Wombat Range. Sergeant Kennedy was supposed to have received information from a friend of the Kellys as to their whereabouts, and thus to have penetrated nearly to their hiding place. The friend who had informed the police, however, also told the Kellys of their approach. The country is densely covered with stringy bark trees and scrub, and is almost impenetrable. Sergeant Kennedy and Constable Scanlan had gone into the scrub to endeavour to ascertain the whereabouts of the two Kellys, while Constables Lonergan and McIntyre were left in charge of the camp. Lonergan was employed in making tea ready for the two who were away, when four men on horseback came up and cried "Bail up! put up your hands." Lonergan made a jump to get behind a tree, putting his hand to his belt for a pistol at the same time, and was shot. He cried out "O Christ, I'm shot," and fell dead. Constable McIntyre was sitting down. He jumped up, but having no weapon upon him at the time he surrendered. Ned Kelly walked to Lonergan's body and examined it. Then he rose, and said, "What a pity! Why didn't the---- fool surrender?" He afterwards said that it was all Constable Fitzpatrick's fault. "He'd no right to lag my mother and brother-in-law for nothing." Ned Kelly ordered Constable McIntyre to sit down as if nothing had happened, and warned him that he would be shot at once if he "gave the office" to the sergeant. The bushrangers then hid themselves behind the trees. Sergeant Kennedy and Constable Scanlan rode up some time later, unconscious that anything had happened. When they came close McIntyre said, "Sergeant, we're surrounded. You'd better surrender." Scanlan laughed, and put his hand to his belt, when Ned Kelly fired at him and missed. Scanlan jumped off his horse and made for a gum tree, but was shot dead before he reached it. Kennedy wheeled his horse round and started at a gallop, but had gone only a few yards when he was brought down with a rifle bullet. His horse, frightened at the noise and the fall of its rider, dashed through the camp, and as it passed Constable McIntyre threw himself across its back. He got into the saddle, and urged it forward, when it was brought down, shot by a rifle bullet through the heart. McIntyre fell clear, and crawled into a patch of scrub. He found a wombat hole near at hand. He crept into it, and lay there, while he could hear the bushrangers walking round searching for him in the scrub, and swearing that they would "do for" him when they caught him. When it was quite dark he crawled out of his hole and walked twenty miles to Mansfield to inform the police of what had taken place.

Inspector Pewtress, with a party of police, started from Melbourne on Sunday, the 27th, in a special train, and soon reached the camp in the ranges. The bodies of Lonergan and Scanlan were lying as they had fallen not far from where the fire had been lighted, but that of Sergeant Kennedy could not be seen from the camp. It was not found until the 31st, owing to the density of the scrub around the little cleared patch, where the camp had been pitched. Three bullet wounds were found in it, and a cloak had been thrown over the face to protect it from dingoes or the weather. It was said that Ned Kelly had ridden to his camp to fetch the cloak to cover Kennedy with, because he considered him to be the bravest man he had ever met.

Rewards of £100 each had been offered by the Victorian Government for the capture of Ned and Dan Kelly. Now the rewards were increased to £500, while similar rewards were offered for Steve Hart (twenty years of age) and Joe Byrnes (nineteen years of age).

It was reported that on October 31st the Kellys had stuck up and robbed Neil Christian and other persons at Bungowanah, near Baumgarten's, on the Murray River, but as the whole of that country was under water, in consequence of a flood in the river at that time, this was discredited. The police asserted that the Kellys were somewhere in the mountains, but they searched the "Rat's Castle" and other hiding places without success.

On the 8th December a rough-looking bushman called at Younghusband's station, on Faithfull's Creek, and asked if the manager, Mr. Macaulay, was about? An old man named Fitzgerald, employed on the station, replied that the manager was away and would not return till morning. He asked the man if he could do anything for him? The traveller replied "No, it's of no consequence." He walked to the house and said to Mrs. Fitzgerald, "I'm Ned Kelly. You needn't be frightened, we only want food for ourselves and our horses." Seeing the man talking to his wife, Fitzgerald went to them, and Mrs. Fitzgerald said to him "This is Mr. Kelly. He wants some refreshments." By this time Ned had his revolver in his hand. Fitzgerald grasped the situation and replied "Well, if the gentleman wants refreshments he'll have to have them." Ned gave a whistle and the other three bushrangers came forward and Dan took their horses to the stables. Joe Byrnes took care of the Fitzgeralds, while Ned and Steve Hart went round and collected all the men at work on the station and locked them up in the store room. Shortly afterwards a man named Gloster, who had a store in Seymour and who frequently travelled round with a spring cart loaded with goods for sale at the farms and stations, came to the station for a bucket of water to make tea with, and Ned ordered him to bail up. Knowing that Gloster was of a determined character Fitzgerald shouted to him to advise him to "give in." "What for?" asked Gloster. "I'm Ned Kelly," exclaimed that hero. "I don't care a---- who you are," returned Gloster. At this moment Dan Kelly came up and threatened to shoot Gloster, but Ned forbade him, and Fitzgerald persuaded Gloster that resistance was useless and prevailed on him to surrender.

When Macaulay, the manager, came home he was also bailed up. "What's the good of your sticking up the station?" he asked, "you've better horses than we have and anything else you require you can have without all this nonsense." Ned said he had a purpose. After some conversation, during which Macaulay said he had no intention of interfering with them, Macaulay was permitted to remain free, but was closely watched to prevent him from sending for the police. The bushrangers then searched Gloster's cart, selected suits of clothes for themselves, and made very free with the bottles of scent and other small articles.

On the following day, the 11th December, 1878, Messrs. McDougal, Dudley, and Casement, in a spring cart, were about to pass through the gate over the level crossing of the railway, close to the station. Mr. Jennant, who was riding, dismounted to open the gate for the cart to pass through, when Ned Kelly, on horseback, cried "Surrender, or you will be shot." Another bushranger, Joe Byrnes, walked down quickly from the station to assist his mate if necessary. Mr. McDougal, taking them for troopers as they carried handcuffs in their hands, asked what right they had to arrest them in this manner, when Ned replied, "Shut up. I'll shoot you if you give me any cheek." "You wouldn't shoot an old man unarmed," exclaimed McDougal. "Not if you surrender quietly," replied Ned. They said they surrendered, and Byrnes opened the gate and told them to drive to the homestead. As they came up a station hand who was standing at the store door said, "Gentlemen, allow me to introduce you to Mr. Edward Kelly." McDougal and his companions were not much surprised, as they had already begun to perceive that their captors were not troopers in plain clothes, as they had at first thought. The prisoners were taken into the store, the bushrangers telling them that the horses would be looked after.

The store-room was a long wooden building situated about twenty yards from the house. It had only one door and one window, both near together, so that it could easily be guarded. With so many men confined in it the air soon became foul, and the prisoners were allowed to come out in small batches to obtain some fresh air. Only the men were locked up, the women being left free and were not molested in any way.

At about three o'clock Ned Kelly asked Mr. Macaulay for a small cheque. Mr. Macaulay gave it to him. It was for £3. Joe Byrnes was left in charge of the station, while the others started away, Ned in Gloster's cart, Dan in McDougal's, and Hart on horseback. At about half-past four there was a knock at the door of the National Bank at Euroa, and when it was opened a man requested that a cheque might be cashed for him. The manager, Mr. Robert Scott, said it was after hours, and he could not open the bank again till morning. The man said it would inconvenience him greatly to have to call again, as he did not live in the town. He begged so hard that at length the manager consented to give him the money to oblige him. The manager opened the bank door, and as soon as they were inside the man said, "Put up your hands. I'm Ned Kelly." Taken by surprise, the manager was compelled to obey. The manager was forced to open the safe door and to hand over £1942 0s. 6d. in notes, gold, and silver, thirty-one ounces of smelted gold, five bags of cartridges, and two revolvers. There had been rumours that the Kellys intended to stick up a bank, and arms and ammunition had been sent from the head offices in Melbourne to most of the country branches. The National Bank at Euroa had been thus furnished, but in consequence of the cunning of the bushrangers the arms were useless. Mr. Scott had a loaded revolver on his table when Ned Kelly asked him to cash the cheque, but he was so unsuspicious of the character of his customer that he left it there when he went into the bank chamber. Having obtained all the money he could get Kelly turned to enter the private apartments, when Scott said, "If you go in there I'll strike you whatever the consequences may be." Steve Hart put his revolver to Scott's face and said "Keep back." Kelly laughed, and walked through the door. He went along the passage, and looked out of the back door into the yard. Then he returned and told Scott to go and put his horse into the buggy. "That's the work of the groom," said Scott, "but he happens to be away just now." "I'll do it myself," returned Ned, and went into the yard. When the horse was harnessed, Kelly said he was going to take the family out for a drive. He made Scott get into Gloster's cart, and Mrs. Scott and the child into the buggy. Dan Kelly and Hart came on behind. When they had gone out of the little street Scott asked Ned where they were going. "To Younghusband's," was the reply. "I'll drive," said Scott, "I know the road." "All right," replied Ned, handing him the reins. "But if you try any pranks, look out." Ned Kelly treated Mrs. Scott with great politeness, so that she said that she could never believe he was the bloodthirsty villain he had been represented to be.

The telegraph wires had been cut on each side of the station soon after their arrival, and while the main body of the robbers was gone to Euroa a train stopped close to the station to set down a line repairer named Watts. As the railway station was some distance away it was thought that the train had brought the police, and Byrnes prepared to defend himself. He shut all the men in the store, and charged them to keep quiet. When Watts came to the station to enquire how the break in the line had occurred and to obtain assistance Byrnes bailed him up, and told him that he could repair the line later on. Nothing of importance occurred after this until the return of Ned and his mates with the bank manager and the money.

During their drive together Ned Kelly told Scott that he was---- sorry that Sergeant Kennedy had been shot. He was a brave man. "But," he added, "I couldn't help it. The police ought to surrender when they are called on." He showed Scott the presentation gold watch which had once belonged to Kennedy and which he had taken from the body "to remember him by."

Soon after their return to the station they all had tea, Ned Kelly telling his prisoners that he would not detain them much longer. The meal was barely over when a train drew up opposite the station and whistled. Ned Kelly shouted "Hullo boys, here's a special with the---- bobbies. We'll fight 'em. We're ready for 'em, however many there may be." The driver waited for a few minutes and then the train went out. It was soon ascertained that Watts, the line repairer, had arranged for the train to pick him up after he had had time to repair the break, but owing to his being shut up in the station store he had neither repaired the line nor been able to inform the engine driver of the reason of his non-success. At about half-past seven, the prisoners were mustered and told to remain in the store for three hours. Scott took out his watch and asked "Eleven?" "No," replied Ned, "half-past. If any one leaves before, I'll hear of it and make it---- hot for him. I'll track him down and shoot him dead. You can't escape me." Byrnes turned to Scott and said "That looks like a---- good watch. Let's see it." Scott handed him the watch and the robber put it in his pocket. This was a signal to the other bushrangers. One took Macaulay's watch, and another asked McDougal for his. McDougal took it from his pocket and said "I should be sorry to lose it. It is a keepsake from my dead mother." "Is it," said Kelly, "then we'll not take it." Ned Kelly warned Macaulay that he held him responsible for the men. "If you let them go before the time," he said, "I'll shoot you like a---- dingo the first time I see you." Shortly afterwards the bushrangers mounted their horses, which had been feeding in the stables during the time the station was held, and rode away. The men were released from the store but were kept at the station for about three hours. Mr. and Mrs. Scott returned to Euroa in their buggy and telegraphed the news of the robbery as soon as possible, which was not before the next morning. Gloster rode off to inform the police at the nearest town, and the information as to this daring outrage was spread about by others who had been robbed.