*TRIAL OF NED KELLY.
The trial of Edward
Kelly began on the 28th of October. It was hoped that it
would
be over before too long, as this was the horse racing season, and most
of the police
and political hierarchy would prefer to be at the races.
No matter what
defense was offered, no outcome other than guilty could possibly
be expected. Ned was never going to be allowed to cheat the hangman
after being
responsible for the deaths of three policemen, no matter what the
circumstances.
Ned's poor family could not afford a defense counsel,
therefore one had to be
provided for him by the Govt, one Henry Bindon. Since Bindon had only
been
practicing law for a few months, Mr. Gaunson would continue his role as
instructing
solicitor.
Ned's lawyer must have been about the only person in the country who was
unfamiliar
with the finer details of Ned's case. He had been overseas and this was
to be his first
and last case. When it was all over Bindon was to feel emotionally
destroyed, Ned
however was to feel much more.
28 Oct The Trial.
The trial was held in front of the man who has become the hated symbol
of the modern
day Kelly sympathizer, Justice Redmond Barry.
Witnesses would be called from the two bank robberies and an endless
procession of
prosecution witnesses were to testify as to what Ned had done and even
more so what
he told them he had done. McIntyre testified his forth version of what
occurred at Stringy-
bark Creek, all the while Ned stayed silent.
During the trial
there was one document that could have helped Ned in his case.
This document was the Jerilderie letter. It was presented in such a way
as to make it
inadmissible and Ned would miss his one opportunity to air his
grievances.
Justice John Phillips said the following in a seminar on Ned Kelly in
1993 in Beechworth;
" Edward Living produced the manuscript (Jerilderie Letter), Mr. Chomley
who was
examining the witness handed some documents to the witness box and the
witness
identified them as those that Ned Kelly had produced. Chomley sought to
tender this
manuscript in evidence but Bindon immediately objected...Had Bindon not
made his
ill-considered objection the jury would have been able to take into the
jury-room, when
considering their verdict, a written account of the relevant events
which was most
favourable to Ned Kelly. But Bindon's objection prevented all of that
happening".
The jury retired and shortly thereafter the foreman came out
and gave the inevitable
guilty verdict. Ned was asked if he had anything to say and he made the
following
most interesting statement "Well, it is rather too late for me to speak
now. I thought
of speaking this morning, but I thought afterwards that I had better
not. There was little
use, and there is little use blaming anyone now. Nobody knows about my
case except
myself and I almost wish now that I had spoken and I wish I had insisted
on being allowed
to examine the witnesses myself. I am confident I would have thrown a
different light on
the case. On the evidence that has been given, no doubt, the jury or any
other jury could
not give any other verdict.
It is not that I fear
death: I fear it as little as to drink a cup of tea"
Ned and Barry then entered a most extraordinary dialogue, parts of it
are as follows:
Ned said: "the day will come when we shall all have to go to a bigger
court than this, then
we will see who is right and who is wrong. No matter how long a man
lives, he is bound to
come to judgment somewhere, and as well here as anywhere" (to judge
Barry), "I dare say
the day will come at a bigger court than this when we shall see which is
right and
which is wrong".
The judge placed the black square of cloth on his head and pronounce the
sentence,
"you will be taken from here to the place from whence you came, and
thence on a day
appointed by the Executive Council to a place of execution, and there
you will be hanged
by the neck until you be dead. May the Lord have mercy on your soul" and
in reply Ned
said "I will go further than that and say I will see you there where I
go". Ned's words would
prove prophetic and the learned judge would follow Ned twelve days
later.
Notes:
Although
aged thirty seven years of age, Bindon had been a barrister
in Victoria for less than a year. He had never appeared in the Supreme
Court; indeed , he had only succeeded in passing the matriculation
examination at his third attempt at the age of twenty seven.
It would take until 1948 before the entire Jerilderie letter would be
published in Max Brown's An Australian Son. In 2002 the letter became
available to the entire world via the internet and is housed at the
State library Victoria.
"On 16 Nov, 5 days after Kelly's hanging, Barry sought treatment from Dr
Gunst for the carbuncle which was causing him great pain. The Dr's
management was conservative-he advised Barry to go home and rest- but
instead he attended court on that and the following day, going on to a
University meeting. Arriving home that evening he was so weak he fainted
and had to be carried to bed. Drs Gunst and Teague were in attendance,
but before long pneumonia set in. Redmond Barry did not leave his bed
again.
www.nedonthenet.com