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the
attack made upon us. The chief further asked me if he was much changed to which replied
in the negative. He then gave orders for our return to Benalla. I was in the
same van as Kelly on the journey to Benalla but I did not speak to him as the
van was full of police and it was difficult to get near him. That evening Sr.
const. Kelly, who had charge of the prisoner in the watch-house at Benalla, told me that he had been asking about me I told the Sr. constable that
I would like to see the prisoner but I would leave it until the next morning as
there were so many excited people about that evening endeavouring to see him and
I wanted to have a quiet talk with him. At seven o'clock next morning I,
accompanied by the senior constable went to see the prisoner. And I may here
state that my object in doing so was to exonerate myself not to criminate him.
He was lying down upon a mattress; quiet in his manner and he did not appear to
be in pain. After
the excitement of his capture was over the police treated Kelly in a kindly
manner whilst he was in their charge. On entering the cell senior constable
Kelly addressing the prisoner said, "Ned, do you know this man?"
Prisoner: "It is Flood is it not?" I: "No, you took me to be
Flood the last time we met." Prisoner "Oh yes it is McIntyre I:
"I have suffered a great deal over this affair: was my statement
correct?" Prisoner "Yes, it was * " I: "You remember the
last time we met; didn't I tell you then that I would rather be shot than tell
you anything about the other two men if you were going to shoot them?"
Prisoner, "Yes" And turning to S.C. Kelly he said, "McIntyre said
he would rather be shot than bring the other two men into it if it was a thing
that they were going to be shot." I: "'When I turned round I saw you
had my chest covered." Prisoner "Yes I had." I: "And when I
held out my hands you shot Lonigan." Prisoner "No Lonigan got behind
some logs and pointed his revolver at me.
Didn't you see that ?" I: No, that is only nonsense, did Kennedy fire many
shots at you. Prisoner. "Yes, he fired a lot." I: "I never saw
him fire a shot. I suppose you had a shot at me when I was getting away?"
Prisoner "I don't think I had we never thought you could get away, or we
would have shot you at once." I: Why did you come near us at all? You could
have kept out of our way when you
knew where we were." Prisoner "You would soon have found us out and if
we did not shoot you, you would have shot us." I then asked him if I had
shown any cowardice when bailed up. To which he replied "No." The bodies of Dan Kelly and Hart were delivered over
to their friends, no inquest being held upon them. They were buried at Greta. An
inquiry was held upon the body of Byrne at nine a.m. on the 29th. The inquiry
was held in the court house, I was examined and identified the body as being one
of the men who had shot the police on the 26th Oct. '78. The verdict was
"The outlaw Joseph Byrne whose body was before the court and in possession
of the police was shot by them whilst in the execution of their duty."
Byrne was privately buried in Benalla cemetery by the police the same day at
four p.m. |
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