PASSING SENTENCE ON NED KELLY.

Nelson Evening Mail, Volume XV, Issue 222, 10 November 1880, Page 4

PASSING SENTENCE ON NED KELLY.

At the conclusion of Mr Blndon'a reply for the defence, Judge Barry summed up, only occupying 8 few minutes, Bnd the jury brought in a verdict of guilty. The prisoner, having been asked in the usual way if he had any statement to make, said, " Well, it is rather too late for me to. speak now. I thought of speaking this morning and all day, but there waa little use. There is little nae blaming anyone now. Nobody knew about my case except myself, end I wish I had insisted on being allowed to examine the witnesses myself. If I had examined them I nm confident I would have thrown a different light on the case. It ia not that I fear death ; I fear it as little os to drink a cup of tes. On the evidence that bns been given, no juryman could have given any other verdict ; that is ray opinion. But, as I say, if I had examined the witnessop, I would have shown matters in a different light, because no man understood the case as Ido myself. I do not blame anybody, neither Mr Bindon nor Mr Gauuson, but Mr Bindon knew nothing about my case. I lay blame on myself that I did not get up yesterday and examine the witnesses ; but I thought that if I did so it would look like bravado and fhshness " The Court-crier baving called upon all to observe a strict silence whilst the Judge pronpuueed the awful sentence of death, his Honor eaid : " Edward Kelly, the verdict pronounced by tbe jury is one which you muat hava fully expected." The prisoner : " Ye3 under the circumstances." His Honor : "No circumstances that I can conceive could have altered the result of your trial." The prisoner : " Perhapg not from what you now conceive, but if you-had benrd me examine the witnesses ii would have been different." His HoDor : "I will give you credit for all the skill you appear to deaire to assume." The prisoner : " No, I don't wish to assume anything. There is no flashnees or bravado about rae. It is not that I want to save my life, but because I know I should have been capable of clearing myself of the charge, and I could have saved my life in spite of all against me." His Honor : " The facts are so numerous, and so convincing, not only bs regards the original offence with which you are charged, but with respect to a long series of transactions, covering a period of eighteen months, that no rational person would hesitate to arrive at aoy other conclusion but that the verdict of the jury is irresistible, and that it is right. I hove no desire whatever to inflict upon you any pereonal remarks. It is not becoming that I should endeavor to aggravate the sufferings with which your mind must be sincerely agitated." The prisoner : "No ; I don't think that ; my mind is es easy as the mind of any man in this world, bb I am prepared to show before God aod man." His Honor : " It is blasphemous for you to say that. You appear to revel io the idea of having put men to death." Tbe prisoner : " More men than I have put men to death, but I am the last man in the world that would take a man's life. Two years ago — even if my own life was at stake — and I em confident, if I thought a roan would shoot cne — I would give hira a chance of keepiog his life, and would part

ralher with my own ; but if I knew that through him innocent persons' lives were at stake, I certainly would have to shoot him if he forced mo to do bo ; but I would went to know tbat be was really going to take innocent life." His Honor : " Your statement involves a cruelly wicked charge of perjury sgainst a phalanx of witnesses." The prisoner: "I dare say; but a day will come, at a bigger Court than this, when we shall see which is right, and which is wrong. No matter how long a man lives he is bound to come to judgment somewhere, and as well here as anywhere. It will be different the next time there is a Kelly trial, for they are not all killed. It would have been for the good of the Crown had I examined tbe witnesses, and I would have slopped a lot, of tbe reward, I can assure yoo, and I don't know but I won't do it yet if allowed." His Honor: ''An offence of this kind is of no ordinary character. Murders had been discovered which had been committed under circumstances of great atrocity. They proceeded from motives other than those which actuated you. They had their origin in many sources. Some have been committed from n sordid desire to take from others the property they had acquired ; some from jealousy, ,some from a desire of revenge, but yours is a more aggravated crime, and one of larger proportions ; for, with a party of men, you took arms against socioty, organised as ib is for mutual protection and for respect of law. The Prisoner: "That is how the evidence came out here. It appeared that I deliberately took up arms of my own accord, and induced the other three men to join me, for the purpose of doing nothing but shooting down the police." His Honor :" In new communities, where the bonds of societies are not so well linked together as in older coun triep, there is, unfortunately, a class which disregards the evil consequences of crime. Eoolisb, inconsiderate, illconducted, and unprincipled youths unfortunately abound, and unless they are made feo.'consider the consequences of crime, they are led to imitate notori ious criminals whom they regard as self-made heroes. It is right, therefore, that they should be asked to consider and reflect upon what the life of a felon is. A felon who has cut himself off from all, and who declines all the affections, charities, and all the obligations of society, is as helpless and as degraded as a wild beast of the field ; he has nowhere to'lay his head; he has no one to prepare for him the comforts of lite jhe suspects his friends, and he dreads his enemies He is in constant alarm lest his pursuers should reach him, and his only hope is that he might lose his life in wbat he considers a glorious struggle for existence. That is the life of an outlaw or felon, and it would be well for those young men who are so foolish as to consider that it is brave of a man to sacrifice the lives of his fellow creatures in carrying out his own wild ideas, to see that it is a life to be avoided by every possible means, and to reflect that the unfortunate termination of the felon's life is a miserable death. New South Wales joined with Victoria in pro7iding ample inducement to persons to assist in having you and [your cempanions apprehended, but by some spell, which I cannot understand — a spell which exists in all lawless communities, more or less, and which may be attributed either to a sympathy for the outlaws, or a dread of the consequences which would result from the performance of their duty — no persons were found who

would he tempted by the reward or love of country, or the love of order, to give you up. The love of obedience to the law has been eet aside, for reasons difficult to explain, and there is something extremely wrong in a country where a lawless band of men are able to live for eighteen months, disturbing society. During your short life, you have stolen, according to your own statements, over 200 horses." The prisoner : " Who proves that?" His Honor: "More than one witness has testified that you made that statement on several occasions." The prisoner: "That charge haß never been proved against me, and it is held in English law that a man is innocent until he is found guilty." His Honor: Tou are self-accused. The statement was made voluntarily by yourself that you and your companions committed attacks on two banks, and appropriated therefrom large suras of money amounting to several thousands of pounds. Further, I cannot conceal from myself the fact that an expenditure of £50,000 has been rendered necessary in consequence of acts with which you and your party have been connected. We have had samples of felons such as Bradley, and O'Connor, Clarke, Oardiner, Melville, Morgan, Scott, and Smith, a'l of whom have come to ignominious deaths. Still the effect expected from their punishment bas not been produced. This is much to be deplored. When such examples as these are so often repeateJ, society must be reorganised, or ifc must soon be seriously affected. Your unfortunate and miserable companions have died a death which probably you might rather envy, but you 'are not ofiered the opportunity. Tlie prisoner, I don't think there is much proof they did die the death. His Honor : In your case the law will be carried out by its officers. The gentlemen of the jury have done their duty, and my duty will be to forward to the proper quarter the notes of your trial, and to lay before the Executive all the circumstances connected with your trial that may be required. I can hold out to you no hope, and I do not see that I can entertain the slightest reason for saying that you can expect any thi Dg. I desire to spare you any more pain, and I absolve myself from saying anything willingly in any of my utterances that may have unnecessarily increased the agitation of your mind. I have now to pronounce your sentence.' His Honor then sentenced the prisoner to death in the usual form, ending with the usual words, " May the Lord have mercy on your soul." The prisoner : " I will go a little further than that, -and say I will see you there where I go." The Court was cleared and the prisoner was removed to the Melbourne gaol. Everything was very quiet, and nothing approaching to auy scene occurred, although some of Kelly's relatives were ia Court.