His Excellancy the Governor
3 Nov 1880

I have taken the liberty to address you in
reference to my case as it is now drawing
to a close The first thing I wish to draw
your attention to is the warrant issued
for me on suspicion of horsestealing
as they were produced as evidence
against me in the court & likely to
prejudice the jury on behalf of my
character it was merely a warrant
for my apprehension on Suspicion of
horsestealing had I have been apprehended
they could not possibly have procured a
conviction the second thing is the warrant
issued for the shooting with intent to murder
Constable Fitzpatrick, Cons. Fitzpatrick
swore that I had no intention of shooting him
that we were intimate friends according to his
sworn evidence I neither murdered him nor
had any intention Therefore I think there
must have been a mistake in granting a
warrant on this charge and when this charge
was preferred against me it was greatly to
prejudice the jury and as I did not actually
commit that deed & as there was no murder
committed and no intention of doing such &
therefore my mother William Skillion & William
Williamson could not be guilty of aiding &
abetting nine respectable witnesses can prove
that Mr Skillion was not within miles of the place
at the time I had witnesses at the Court only the
feeling was so strong with the police force
that they were afraid of being

taken as sympathisers, there was a hundred Pounds
offered for my apprehension for the shooting of Constable
Fitzpatrick on the 13th of April 1878. If I had witnesses to
show that I was a great many miles from the place at the
time but as I was not tried on that charge, I could not call
my witnesses & show the illegality of the charges put
against me & which as led up to my present position
and on the conviction of my mother who was arrested
on the 16th of April by four or Six Police I could not say
which rushing into the House with revolvers in hand &
threatened to blow her brains out if she moved, they
handcuffed her and took her away to the lockup & only
the third day after her Confinement Mr Williamson &
Mr Skillion was also taken into custody & convicted
for aiding and abetting me with attempt to murder
Constable Fitzpatrick even according to his own
statement a most ridiculous charge. From February
to October I can prove I never was seen nor never
was in the locality where the alleged offence took
place and after the conviction of my mother on the
9th October the reward I believe was increased to
Four hundred Pounds for the alleged shooting of
Constable Fitzpatrick at the Stringy bark Creek.
I believe John Martin a Wild Dog Poisoner and
Boundary Rider in the employ of Mr Johnstons
Station owner at the Wombat gave

information to the Police of me & my Brothers presence
in the Stringy bark I have been told so since three parties
of Police one under Serg Kennedy one under S. Const
Straughn & the other under Seg Steel Thirteen in number
where to meet at Stringy Bark to search for me Serg
Kennedy's party hobbled there horses in the Police
Barrack Mansfield they would not do it in the day time
for fear people would take notice  me of it they sneaked
out of the Town before day light disguised as diggers
on a prospecting tour & camped at Stringy Bark that
night Some of the Party said they did not intend to
bring one in alive which I can prove Fitzpatrick I believe
will swear an oath that they came to shoot me not to
arrest me Constable Lonigan in particular bid his friends
good bye Several on leaving Violet Town and he said he
might never come back again Ned Kelly was to be shot
he was the man that would shoot him the above
information gathered since the first encounter with the
police I could have passed by members of the Police
Force as well as Civilians encounter with the Police I
came back from where I was at the time previous to
the encounter with Fitzpatrick I would have called
witnesses to have proved where I was not tried for
this charge they would not allow me to call them
Fitzpatrick would have came himself if I had have been

if I had have been allowed to call him I was living
with my brother & several others, in in Bullock Creek,
one mile from Stringy Bark we had a house 2 miles
of fencing 20 acres of ground cleared for the purpose
of growing mangle worsels & barley for the purpose
of distilling whisky We were also digging for Gold.
We had tools & sluice boxes & every thing requisite
for the work we had a place excavated close to the
house for the purpose of erecting a small distil so
if any one informed on us they would not get the
most valuable or main distil that was further down
the the sugar & other requisites this is unlawful I
know but it goes to show that men spending all
their time, labour & money in this way had no
intention of murdering Police The things are
there at the present time & I could direct any
person to where they are to be found.
as it has been represented to the Jury at my
trial for the purpose of Robbing on the Highway
and shooting Police for revenge but as over
six months elapsed from the arrest of my
mother to the time the encounter with the
Police & no murder nor robbery was committed
& no person interfered nor molested by me
nor any of my companions.
as it was represented in the Court that I was
searching for the Police for revenge but the facts
of the case show that instead of me going to look
for the Police in any towns or any where they came

on to the place were I was working with the
full intention of shooting me not to arrest me.
Though I have had plenty of grounds for
revenge I never looked for it after the arrest
of my mother there was none of our Family
left but five sisters the Police would come to
the House Inspector Brook Smith in particular
he as since been discharged for his cowardly
conduct towards my family They used to search
the place & destroy all the provisions by empting
them out on the floor. he would say to my sisters
see all the Police I have out today I will have as
many out tomorrow in will blow your brothers in to
pieces as small as the paper that is in our guns.
Some told my sisters that they would not ask there
Brothers to stand as they knew they intended to
fight they would shoot them first & then tell then to
stand afterwards I will not trouble you any further
with their cowardly conduct as they are too
numerous to mention what I wish is Constable
McIntyre's first depositions statement to be
compared with his depositions of both
Courts & you will at once see the disparity
between the two also the Photograph of the
place & the position of the oven at the time
of Kennedy & Scanlans advance McIntyre
says two men was in the Spear Grass one
in the tent & one at the fire these being in a
direct line in front of Kennedy & Scanlan

Therefore McIntyre told a falsehood to his
companions by saying they were surrounded,
as they were expecting to meet other parties
of Police what McIntyre should have said that
he was covered by Ned Kelly & three other
armed men to move or they would be shot as
Lonigan has got shot and have pointed to the
fact then his companion would have there
position & could have pleased themselves
whether they galloped away or whether they
fought McIntyre's first statement was that
four men called on them to throw up their
arms & surrender we don't want to take life
we want your firearms that he looked around
saw four men armed with guns & one on the
extreme right armed with two guns & when he
gives his evidence in Court two years after he
says the man on the extreme right had only
one gun & one revolver he saw the men had
no revolver in his first statement also that
Kennedy jumped off on the off side of his
horse and got behind a tree & commenced
firing when he see Kennedy firing and broke
the agreement he got on his horse & galloped
away, & that he heard Kennedy say stop it
lads he swore in Beechworth that he could
not but that Kennedy

was dead when he took his horse that he rolled
off on the off side you will see if McIntyres
Statement is compared the disparity without
me making further mention I have not had time
to put all the facts as I would liked to have
brought under your notice because I have
had to write this this morning to be in time
for the Executive Council but now as I have
time I will forward you a full statement of the
facts from beginning to end.

Yours obediently,
Edward [his x mark] Kelly

Forwarded to the Sheriff

Mr Castineau
Govr. of Gaol
3.11.80