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Queen v Edward Kelly murder file - Snr Constbale Johnston's statement re Edward Kelly Queen v Edward Kelly murder file - Snr Constbale Johnston's statement re Edward Kelly

Public Record Office Victoria

Public Record Office Victoria (State Archives of Victoria, Australia)

Public Record Office Victoria (State Archives of Victoria, Australia)
North Melbourne, Australia

This document is found in a larger file of reports and statements from witnesses to the Kelly Gangs various crimes, that was put together to prepare for Kellys trial. Inspector W.B. Montfort of Benalla seems to have been responsible for collecting evidence from local witnesses that might have a bearing on the case. Some of the respondents to Montforts questions later gave formal evidence before the local magistrate that were included in the prosecution brief. In this two page statement, dated 7 July 1880, Snr. Constable Johnston responds to Montforts earlier request for a summary of his dealings with Kelly. Montfort was particularly interested to know whether Kelly admitted to the murder of Sergeant Kennedy at Stringy Bark Creek. As can be seen, Johnston cannot confirm this admission, which may be the reason that the pencilled instruction in the margin to be put into the brief was not carried out. Neither copy of the prosecution brief PROV holds contains Johnstons evidence. On the second page, Johnston has included a clipping of Ned Kellys interview by Mr. Gale, a reporter from the Daily Telegraph. Alongside the clipping is a note dated 9 July 1880 from Inspector Montfort, requesting that the reporters identity be concealed. The rationale behind this request is so that Mr Gale may continue to supply the police with information about the criminal class.

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  • Title: Queen v Edward Kelly murder file - Snr Constbale Johnston's statement re Edward Kelly Queen v Edward Kelly murder file - Snr Constbale Johnston's statement re Edward Kelly
  • Creator: Public Record Office Victoria, Public Record Office Victoria
  • Provenance: VPRS 4966 UNIT 1 ITEM 2 RECORD 14, VPRS 4966 UNIT 1 ITEM 2 RECORD 14
  • Transcript:
    are asking me questions. Which I do not like to answer. A few minutes before 12 oclock midnight Mr Gale, reporter for the Telegraph, came to the Lock up I was going to visit the prisoner Gale asked me if I could let-him see Ned Kelly. I said yes. I was just going to see him, myself. I attach a paragraph cut-out-of the Daily Telegraph, which is the substance of the conversation with Ned Kelly and the reporter, but not all correct: as far as I know Snr. Constable 764 Confidential As Mr Gale is continually travelling amongst the criminal classes and is in a position to give us information not procurable elsewhere I promised him he would not be spoken about. It was he told me Snr Constable Johnston could give us good evidence as he could. I therefore suggest that no mention be made about Gale W B Montford Insp 9.7.80 [THE SHOOTING OF SERGEANT KENNEDY Reporter: When you bailed up the police at Stringybark Creek, and shot Sergeant Kennedy, did the sergeant give you a message, letter, or note-book, to give to his wife; and if so, what have you done with it? Kelly: Well, if he did, it would have been sent to her. I would have taken good care of that. Reporter: That is no answer to any question. Will you tell me Ned, straightforwardly and candidly, as you are now on your dying bed, whether poor Kennedy gave you anything or not? Kelly: I tell you if he did, Mrs. Kennedy would have got it, I could tell you the whole circumstances, but if I do, neither you nor the public will believe me, so whats the use of talking? Reporter: But is the account of the affair at Stringybark, and about Kennedys death, correct? Kelly: Its right enough in most particulars the shooting and the sticking-up, but its all false about my cutting the ear off Sergeant Kennedy. I can never forget that report. It was spread about to do me harm. I did not know Kennedy; never saw him till we stuck up the police, and I have no down at all on him. If he had told me to deliver anything to his wife, it would have been done; but he only sent his love to her. Reporter: When you were in the Warby Ranges, and Senior-constable Johnstones party pressing you, could you have shot them then, or did you say you would have the life of Johnstone? Kelly: They were so close to us that I could have easily shot them if I had thought of doing so.]
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Public Record Office Victoria (State Archives of Victoria, Australia)

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