Her Majesty's Gaol
                                                                                                                                                                                                                                                  Melbourne
His Excellency the Marquis of Normanby

      I have again taken the liberty of placing before
you the remaining facts of my case which have
never been placed in a true light before you, as it
as been represented that I took up arms in April
1878. for the purpose of shooting Police but as
six months had elapsed between the alleged
shooting of Constable Fitzpatrick with 15th of
April and the Stringy Bark tragedy on the 26th
Oct 1878. and there neither was Robbery or
any other offence, during that time, reported of
having been done by me or my companions,
has also been stated that I was at the shooting
of Constable Fitzpatrick but as the Police knew
I had to prove where abouts at the time they did
not put it in a evidence against me therefore I
could not call any witnesses even Constable
Fitzpatrick's own evidence clears me of the first
charge as he swears I neither murdered him or
had any intention of doing such but after my mother
was convicted of aiding and abetting in shooting
with intent to murder Constable Fitzpatrick I came
back with the full intention of working a still to make
whisky as it was the quietest means to obtain money
to procure a new trial for my mother. I tried every legal
means to obtain justice therefore you can see it never
crossed my mind for revenge. if I had have went looking
for the Police or shot them in any of the Town then there
might have been some excuse for saying I shot them for
revenge when the tragedy occurred is quite sufficient to
show that
 

never went to seek for the Police but that they came
right on to the place where I was at work and as there
are many members of the Police I will swear that they
came with the full intention of shooting me not arresting
me but McIntyre's evidence is quite sufficient to show
that I did not intend murder because he swears himself
that I could have shot them often without saying a word
and it stands to reason four men with the intention of
murdering two men would have shot them at the first
favourable opportunity they would never have called
upon them to bail up and throw up their arms. McIntyre's
evidence shows that I had him covered when he threw up
his arms and surrendered so if my intention was to take life
I should have shot McIntyre when I had him first covered
but according to his own evidence I took my rifle off him
& covered Lonigan as he was in the act of running to a
tree and drawing his revolver it was stated in Court that I
had shot Lonigan for revenge but McIntyre's evidence will
show within me or my Companions knew who it was at
this time but stands to reason if I did intend to shoot him I
should have done so and never have called upon him to
surrender any man who calls on Police or armed men to
bail up and surrender does not intend to take life, or he
would not have attempted to give them warning, as it
would be utter stupidity if he intended to commit murder
to call upon them to surrender, both for Kennedy &
Scanlans death McIntrye is the man most accountable
because he told them a falsehood when he said they
were surrounded and thereon placing

them in a wrong position which can be seen by
referring to the photo of the place, and the positions
of the men also not telling them who they were
surrounded by but as they were not surrounded
what he should have said was to his Sergeant
was and more you are covered by Ned Kelly
and them & his men. and if you attempt to fight
you will be shot. but if you surrender your arms
you wont be shot then the men would have known
their exact position it is as Judge Barry said
unlawful to disarm the Police but then I wish to
show the difference between disarming them &
with the full intention of murdering them even to
take the Police evidence all through & the two
years cases of me and my companions will
show that we were anything but bloodthirsty
and in the whole of our career we never ill or
maltreated man woman or child and always
refrained from doing a cowardly act, the next
thing to wish to mention is the Crown Prosecution
tries to point out my bloodthirstiness in wearing
steel armour but this is quite the contrary for
without armour I would never have possibly
have robbed a guarded bank & disarmed
Police without taking life but with armour I had
no occasion for taking life and I can solemnly
swear now upon God and Man that it never
was my intention to take life and even at
Glenrowan I was determined to capture
Superintendent Hare O'Connor & the Blacks
for the purpose of exchange of prisoners and
while I had them as hostages I would be safe
no Police would follow me.