Spotlight: PATRICK AND JAMES KENNIFF ON TRIAL for the MURDER OF CONSTABLE DOYLE (Part Two)

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Last week we began looking at the report on the trial of the Kenniffs featured in the Brisbane edition of Truth. This week we continue the feature as the Kenniffs give their own evidence. Jim and Paddy maintain that they were travelling around Roma for the races while their old man and brothers Tom and John maintained that they were gathering horses around Skeleton Creek. Two additional witnesses, Thornton and Mulholland, do their best to back up Jim and Pat’s story.

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EVIDENCE FOR THE DEFENCE.

On Wednesday his Honor had raised the point as to whether the two prisoners could be conjointly charged with the two murders. Mr. Lilley promised to deal with the matter at the close of the case for the Crown. This he now did by announcing that he elected to prosecute the two prisoners for the murder of Constable George Doyle. This closed the case for the Crown. Mr. McGrath then submitted that there was no case to go to the jury. He quoted a number of cases and raised these points : (l.) It is necessary for the Crown to fully establish the death of Constable Doyle. (2). To identity the supposed remains produced with Constable Doyle. (3). Proof of violence having taken place must be given. (4). The Crown must bring criminal agency home to the persons accused. Mr McGrath argued at some length in favor of his objection, but his Honor interposed that there was a case to go to the jury.
The prisoners’ advocate in his address to the jury briefly outlined what the defence would be. He would call both prisoners and two other witnesses to prove that on March 30 Pat and Jim Kenniff were at a spot 90 miles from Lethbridge’s Pocket.
After hearing this evidence the jury would have no doubt that the police had GOT THE WRONG MEN. He then called James Kenniff. His Honor, directed that the prisoner should be sworn in the dock, and from that place James Kenniff, in a clear, distinct voice, gave the following evidence:—

JAMES KENNIFF’S STORY.

He said he was a horse-dealer, and was 28 years old on August 23 last. Patrick Kenniff was his brother. His father’s name was James, and he had two brothers named Thomas and John. On March 28 last he arrived at Carnarvon station with his brother about 7 pm. They rode there. He knocked at the kitchen door with his whip. Mrs. McClann answered. He asked, “Is Ryan at home?” Mrs. McClann said, “Yes, he’s having tea.” Ryan came to the door, aud witness asked him had he seen a chestnut horse of his. He said ” Yes, he’s running on Daloogarah Plains.” He asked Ryan what yarns he had been telling in Mitchell, and he replied, “I’ve been TELLING NO YARNS ; you are mistaken.” Witness then asked for Dahlke, and Ryan said he was not at home, and he did not know when he would be home. Witness said, “Very well, I’ll get you and Dahlke together, and then I’ll see what lies have been told about me and Dahlke fighting at Babiloora, and pulling me off Greytail, and giving me a hiding. You said that after Dahlke gave me a hiding you
yourself gave me one.” Witness then said, “If you were worth a punch I’d give you one, but you’ro not. You’re such an infernal liar, no one can believe you.” With that witness delivered a blow at Ryan, but missed him. That was about all that passed. He and Pat returned to their horses and rode away. Neither he nor Pat had revolvers. They were at the camp whero they left the rations, going to Carnarvon. Pat made no reference to the “pet policeman, Doyle” After they left the station they went up the creek about half-a-mile, lit a fire and had some tea. While there his brother Tom arrived, remained about half-an-hour, and then went on to Skeleton Creek, about 24 miles away.

WHEN THE MOON ROSE he (James) and Patrick started off to go to Roma Races. They arrived at the Maranoa River below the Warrong Station, which was about 30 miles away from Carnarvon, at about 3 on Saturday morning. They had a couple of hours sleep, got up and had their breakfast. They had a couple of horses with them. After getting in two horses which they had hobbled they pursued their way to Roma. They ended this stage at Merivale bullock paddock, another 35 miles away. There they picked up a racehorse named Darramundi, which belonged to James Kenniff. Then they started to Hatton Creek about 2 o’clock, and got there about 10 or 11 o’clock on Saturday night. The distance from the bullock paddock at Merivale to Hatton Creek was over 30 miles. Patrick rode Darramundi. They thought the horse had staked himself on the road as he went lame. They examined the horse, and found he had sustained a sprain. They turned Darramundi out and WENT INTO CAMP.
About 8 o’clock on Sunday morning they got up, and Patrick went out to get the horses in. While he was away two men named Mulholland and Thornton came riding down the creek. They dismounted, had a drink of tea, and remained for some time.
Patrick soon afterwards arrived with the horses Darramundi, Tommy Atkins, Faithful and White Foot. The two men remained for about two hours. (Mulholland at this stage was brought up from the cells below and identified). Mulholland and Thornton rode away together about 11 o’clock. After they had gone Jim and Pat left for Myall Downs, taking Darramundi with them. On the Monday following they put in the day looking for some horses that Patrick had lost there about three years before. They stayed in that vicinity for about two days. From there they went to Merivale Paddock, about 40 miles from Myall Downs. They spent two or three days at Merivale and then turned back to Myall Downs. That would bring them to about April 4 or 5.

About that day they met two brothers named Weir. James said they had no pack-horses with them on March 30. At the Merivale Paddock they MUSTERED SOME HORSES and started for Mitchell.
They went through Mitchell along the Maranoa road. They had five or six horses with them, and camped for 12 days some six or seven miles beyond Mitchell. They stayed to give the horses a spell and a bit of a feed. They then went to Bonus Downs Run, taking the horses with them, and camped there some 10 or 12 days. This was about 40 miles from Mitchell. They then went to Armadilla, 20 miles farther on, taking ‘the horses with them, and stayed there some seven or eight days. They then commenced to return to Mitchell when they saw a piece of paper on a tree between Morven and Mitchell. It was on a mulga tree, with the bark taken off. There was no photograph on it. They next picked up a newspaper dated May 23.
When did you first hear of the murder of Doyle and Dahlke? — That was the first I knew of it when I saw it on the tree.
Continuing James Kenniff said they then considered as to what they should do. They
went back to Armadilla Creek and stayed there for 10 days. After that they went on
to another creek. Then they went to Bonus Downs brigalow waterhole. They camped
there for some time and noticed some shod horse tracks. They then arrived at a decision to go into Mitchell. They started forMitchell, and got to within about six miles of that place and camped near THE BRIGALOW SCRUB which the police, described. On the morning of their arrest they got up about 6 o’clock. After getting up James Kenniff went away for two rifles.

On resuming after lunch, Robert James Thornton was called and identified by James Kenniff, who, continuing his evidence, said he got the two rifles which were 200 yards away from the camp. Both were loaded as he had left them against a tree early in April last, with a bit of dry bark covering the barrels and triggers. Besides the rifles he looked for a bandolier. While away from the camp his attention was directed by the report of rifle shots. He went to within 100 yards of the camp when he saw a man there. He was carrying the rifles at the time and he thought one constable FIRED AT HIM.

What did you do then ?— I ran away towards where some horses were tied up. I was looking at the horses when I was fired at again.

Continuing, he said he walked back to camp and then in the direction of Mitchell. He had walked about two miles when he saw some men in plain clothes — horsemen — coming along thr road. They wore a quarter of a mile off and were coming in his direction. Constable Tanker and Cramb with two trackers came to within 80 or 100 yards of him and he called out “Were is my brother Pat?” They said he was further down the road. He said “Fetch him up and let me have a look at him.” They said he was all right. He then walked out and asked them who they were. He laid his rifles down. They said they were constables. He never heard them call on him to surrender.

Did you point a rifle at Cramb? — No.
Or at anybody else? — No.

James Kenniff said he walked up to them and they handcuffed him. They had gone some distance on the road when Cramb said, “I forgot to charge you. I charge you with the murder of Doyle and James Dahlke.” Witness emphatically stated that he replied. “What, me?” Cramb said “Yes.” He was then conveyed to Mitchell in the manner described.
Here a programme of the Roma races held on March 31 was produced as evidence.
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Mr. McGrath: It gives the names of those horses entered. What horse had you entered? — Darramundi.
Had he been nominated for any race? — “No. After the races there is usually an off-lay and matches. We didn’t go because THE HORSE WENT LAME.

Were you at Lethbridge’s Pocket on March 30? — James Kenniff (passionately) No, I was not.
Nor anywhere near it? — No.
Witness said that Pat was out of his sight for only an hour, when he went to bring in the horses at Hutton’s Creek. He had spoken to his brothers Tom and John and his father at Boggo Road Gaol in the presence of the officials. He identified the revolver (said to be Pat’s) as being his own property. The other revolver belonged to Patrick. He denied saying to Constable Cramb that he was tired of the life he was leading. He had seen Mulholland from a distance in Boggo Road Gaol, but he had not seen Thornton since Sunday March 30 last. He did not remember the conversation in the cells at Mitchell as narrated by-Sub-inspector Malone.
JAMES KENNIFF CROSS-EXAMINED.

Mr. Lilley now began his cross-examination of the prisoner James Kenniff, in answer to Mr. Lilley said he knew Doyle but not well ; knew he was a police officer ; did not know the police horse George. He knew Dahlke’s mare Boadicea. He did not know Tracker Johnson and saw him for the first time in the police court.
Mr- Lilley: Weren’t you in Mitchell in February last, and didn’t you see the tracker there? — No, I did not.
Was Doyle in Mitchell? — No, I was only there in the night.
Now you sometimes wear a red tie? — I never wore A RED TIE in my life, I do not like the color.
You had a tie with red on it? — Yes.
Witness said he wore a brown felt hat, a gray coat and beaver moleskin trousers, but had not worn them together. He was at Carnarvon on the 28th of March. He had some from Warrong. He did not pass Marlong and Western Branch yard. They took a direct line from Sunday Creek. They left Warrong fairly early. It was about 33 miles from there to Carnarvon and they got there about 7 or 7.30 p.m. Pat was with him. They had only two horses. They were looking- for some horses, a chestnut horse particularly, which was a favorite of Pat’s. They went to the kitchen because they saw a fight there.
Where did you come from before you came from Warrong? — Merivale Downs.
When did you come from there ?— On the 28th, the day before.
You were told the chestnut was on the Deloogerah Plain?— Yes.
Were you going to got him ? — Yes.
When? — As we went across that night.

In the nighttime?— Yes.
What did you want to see Dahlke for? — To see if Ryan was telling lies and to fetch him before him.
What did you want to bring Ryan before Dahlke for?— Because he was his boss ; to prove that he didn’t give me a hiding — Ryan didn’t.
You went for a double purpose — to kill two birds with one stone ?— I thought I would ask when I saw Ryan.
How long has the chestnut horse been lost? — It was lost since about January.
Then you had your time cut out to get to Roma?— Yes.
How many miles is it from Carnarvon to Roma by the route you proposed to go? — I could not tell you the distance.
Tell me how many miles — you had your work cut out? — I KNEW I COULD DO IT. I don’t know the exact distance to tell the truth.
You’re too old a bushman for that you know?— I knew it was about three days by day and night to get there for the off-day races as we wanted to do.
Why did you not go straight from Warrong?—Because we went to Carnarvon to get that chestnut horse and any others we could pick up.
If you were going to Roma, why did you want horses?— To put them to grass. There is no grass about there.
And the houses were in bad trim?— Grass was failing ; it had been good about there.
You picked up Darramundi?— Yes, at Merivale on the morning of March 29.
You were going to travel him day and night and race him at Roma? — Yes.
You expect us to believe that?— I don’t know what I expect you to believe but I was going to do it.

Continuing James Kenniff said the camp where he boiled the billy was half or three quarters of a mile from Carnarvon. The reason he did not take Darramundi to the Roma races was because he went lame. They were going to have a try to get to Roma for the off day. Pat rode a mare called Faithful, and he rode Whitefoot, both very fair horses. It was a matter of chance whether they picked up horses on the way. He did not say that they had ridden 123 miles in 24 hours. He did not know whether they had ridden 95 miles.

You bet as a bookmaker? — No; I am A BIT OF AN AMATEUR.
Did you pass through Joyce’s selection? — No.

He said he did not know Boyce though he had heard of his selection; He passed it on the morning of April 4. It was some time in June when he saw the notice on the tree.
You saw a notice offering a reward of £1000 for you and your brother ? — Yes ; we were going across the line to Mitchell.
As soon as you saw the notice you turned back? — No, not exactly turned back ; we
turned to our right.
Were you surprised to hear of the reward for your arrest? — I was.
Why did you turn back? We were considering. We did not know what to do.
I dare say — I quite agree with you ?— We were thinking about that notice — of the position we were placed in.
Why did you not come into the police court and give yourselves up— you were not frightened? — We were a bit surprised.
Yon had nothing to fear? — That notice didn’t look too good.
Why didn’t you give yourselves up? — We came to that conclusion afterwards.
Witness said that they came in near Mitchell the day before they were arrested. He could not remember how many days they camped after seeing that notice. He mostly carried a revolver with him. He carried one to shoot birds and wallabies and for practice. He also liked shooting with a revolver. They carried Winchester rifles because they occasionally did a bit of scalping.
What was your reason for being out on June 23 armed to the teeth? — We mostly carried rifles. We hadn’t revolvers.
The rations they had belonged to his brother Pat. He had had his rifle since ’89. Pat had his from about the same time. Pat got his from a man named Hanran. He saw Mulholland about 9 o’clock on March 30.
He was further questioned regarding the conversation he had with Mulholland, and as to how Mulholland was dressed on that occasion. He was also questioned closely as to his knowledge of Lethbridge’s Pocket. While out for the two months they had flour and occasionally SHOT BIRDS AND WALLABIES, and stewed them. They had no beef or vegetables, nor did they go into Mitchell for a drink. Why they did not go into Mitchell was because they had no business there and their silver was short.
Were you not keeping out of the haunts of civilisation?— No, we were not.
What were you doing? — We were taking horses and looking for a piece of country — looking for grass for eight horses.
Looking for grass for eight horses for three months?
Mr. McGrath: It is not three months.
James Kenniff: We had nothing else to do.
Mr. Lilley: That is what you want us to believe?— I don’t know what you believe, Mr. Lilley, but that is what we did.
They arrived in the Mitchell district in April.
Mr. McGrath: You were asked about being armed to the teeth. Is that extraordinary in those parts? — No.
It is a common occurrence amongst blacks and whites? — Yes.
Robert James Thornton, a station-hand, deposed that he was at Boyce’s selection on the evening of March 29. Next morning he went down Hutton Creek with Mulholland looking for horses. About 9 o’clock they saw a man in a camp. Witness here pointed out James Kenniff as this man. Presently Patrick Kenniff came out of the scrub leading three horses. Mulholland was yarning to these two men for about an hour. He did not pay much attention to what was said. They were talking about racing chiefly. Getting on for 11 o’clock he and Mulholland left. Mulholland said, “Those are the two Kenniffs.” On the following Wednesday witness left Boyce’s for Westgrove Station, where he was scalping for some time. He had been about three days at Westgrove when he heard of the murders of Doyle and Dahlke.
In answer to Mr. Lilley the witness retailed his own movements both before and after March 30. He also described how the Kenniffs were dressed when he saw them and the general appearance of their camp.
He knew about a week after Easter Sunday that the police were after the Kenniffs. The police had never asked him about the men.
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Mr. Lilley: Why didn’t you tell the police what you are telling us now?— Witness (after a pause): BECAUSE I DIDN’T.
He had never gone under the name of Harper, nor ridden as a jockey in races. It was not his business to tell the police anything. He had said to some people that he knew the Kenniffs were innocent. To Mr. McGrath he said that he had written to his sister in Brisbane.
His Honor: That is not evidence.
Mr. McGrath: I will call the sister.
His Honor (to witness): How do you fix the Sunday as Easter Sunday? I suppose you don’t celebrate Easter regularly in the West? — I thought of the date afterwards and fixed it in my mind.
John Edward Mulholland, a fencer, deposed that he was under remand on a charge of being accessory after the fact of murder. He then retailed his meeting with James and Patrick Kenniff at Hutton’s Creek on March 30 about 9 a.m. Hutton’s Creek was 94 miles from Lethbridge’s Pocket. This witness said that Jim Kenniff was the most brilliant horseman he had ever seen, while Pat was a first-class stockman.
To Mr. Lilley the witness said he knew it was Easter .Sunday when he saw the Kenniffs from an almanac. As A GOOD CHRISTIAN, he always observed Easter. Before his arrest, he did not tell the police, anything about the Kenniffs. Afterwards he said that he had not seen, either of them for many months. He was justified in telling that lie, he said, because he had to defend himself. Mr. Lilley heckled the witness on this point, but failed to obtain any satisfaction. Mulholland stuck to it that what he told the police after his arrest was said in self-defence, but now he was speaking the truth. Whoa his evidence was concluded the court rose for the-day.
On Friday morning James Kenniff, re-called by Mr. McGrath, stated that he saw his father in Lethbridge’s Pocket when a man named Brown was there. Pat was with him. It was after Patrick had been released from Mitchell in February last. It was a mistake when he said January.
In answer to Mr. Lilley James Kenniff said Brown, who was in charge of Meteor Downs, gave his father notice to leave. Why, he could not say. He did not know whether there were any horses, or cattle stolen. He was not in Mitchell the time Pat was fined £20 for travelling without a way-bill. He did not know nor had he heard that Cleary’s horse was stolen the night Pat was released. He had not heard that Sunnyvale had been burned down after Pat was released.
PATRICK KENNIFF’S EVIDENCE.
Patrick Kenniff then gave his evidence from the dock in a very low voice. His evidence was similar to that given by his brother James. He denied drawing a revolver in Ryan’s presence, or making any threats to him. He had only once seen Dahlke. He was not at Lethbridge’s Pocket on March 30 last.
In answer to Mr. Lilley Pat said he knew Doyle and Sam Johnson, but did not know Dahlke. He had ridden the mare Boadicea. He had seen Dahlke once at the station, and had spoken to him for half an hour. Before the night of March 28 he had not seen Tom since February. Tom struck their camp by accident, and he was watching to flee if his father came back from Babiloora. Tom told him he had come from Skeleton Creek, and was going back. Patrick said he went to the station to see if there were any of his horses running on Deloogerah, because they had been bred there. He wanted the chestnut horse in particular. Deeloogerah was, seven or eight miles from Carnarvon. They had to come through Deeloogerah to Carnarvon from Warrong. They were afterwards going to the ROMA RACES.
They made up their minds to go to Roma races on the way to Carnarvon Station.
Roma. was about 140 or 150 miles away. It might be 180 miles from Warrong to Carnarvon and back to Roma was not over 200 miles. James had never been through that country before. To Hutton Creek from Merivale run was 40 miles. From Hutton Creek to Roma was about 60 miles. They proposed to go 170 miles from the Friday morning till Monday morning to get to Roma. It was quite easy. He once rode from Mitchell to Merivale.
His Honor: How far is that? — 100 miles I suppose.
Mr. Lilley: On a grass-fed horse ? — Yes.
Continuing, Pat said he did not ride Darramundi hard. They camped on the Friday at Warrong and had breakfast there. They had dinner at the junction of Sunday Creek and Deloogerah. They had Johnny-cake and meat; no pumpkin. They had a rug but NO RIFLES OR REVOLVERS when they left Carnarvon. The revolvers were where he left his rations on Merivale 30 miles from Hutton Creek. They called nowhere between Carnarvon and Hutton Creek camp. They got their rifles and revolvers about Thursday the 2nd or 3rd of April. He went to gaol about three and half years ago.
What were you in gaol for? — For receiving a stolen cheque.
How long were you under arrest before your trial? — About six weeks.
Patrick said they did not find the horses he had lost. The eight horses they had with them were their own property. They did not wait till it was dark to go through Mitchell. He did not think that they had kept out of civilisation. He saw a notice on a tree, which Jim read out to him. They didn’t exactly turn back then, but considered what they would do. It gave them A BIT OF A SCARE when they saw the notice.
Why didn’t you go in and give yourselves up? — We decided afterwards to do that.
Why should you be frightened if you were innocent? — I wasn’t a bit frightened.
Mr. Lilley: But you said just a moment ago that you were.
Pat: So would you get scared if you saw that notice.
Mr. Lilley: Not if I was innocent.
Continuing, he said he did not know what to think of the horse-tracks about the waterhole. He did not think tho police were after them. He was not armed to the teeth when arrested he generally carried a rifle with him. His father had money with him
and kept the sons. Patrick further said he was looking for a place more than anything.
He was a stockman. He had no fixed place of abode. James bought, and broke in horses and he had no fixed place of abode. He understood that his father was going to Euraway. He was arrested for stealing Merivale horses. Mr. Snelling was the manager. He did not know Boyce. When released, the police handed over 28 horses and kept eight. Some wore knocked up and some died. He did not pass through Sunnyvale after his release, he was about 15 miles distant.
Did you hear after you were released from gaol that the station house was burned down? — I heard that in Mitchell. I had heard that it was unoccupied. It was near Merivale Station.
On their way to Hutton Creek from Carnarvon they took rations, FLOUR, TEA AND SUGAR. They carried it on the horse in a slip-bag.
To Mr. McGrath: He had not received those eight horses from the police. A man named Ferrier paid the fine and he gave him six horses as security. The horses were sold and Ferrier got paid.
One of the jury then handed up a question to his Honor that he would like to ask Patrick Kenniff, but the judge said the information required had better be obtained from another witness.
Thomas Kenniff, aged 19 brother of the two prisoners, was next called. He narrated his movements on March 28. After he left Patrick and James he went to Skeleton Creek, passing, within 25 miles of Lethbridge’s Pocket. On Easter Sunday he was not at or near the Pocket. From the time he left Euraway Springs he was in his father’s company.
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To Mr. Stumm: He left Skeleton Creek in the afternoon to go to Carnarvon Station.
He expected his father and brother would be coming that way. He went to Carnarvon to see if anybody had seen his father. He intended to stay at Carnarvon TILL THE MOON ROSE. His horses at this time were 19 or 20miles from the junction of Meteor and Skeleton Creeks. He left at daybreak the next day. He was camped at the head of Skeleton Creek. He was going to take seven horses for feed. He was in no hurry at all. The other 14 horses were on the road. Pat and Jim said they were going straight away to Mitchell. He did not know the large flat rock is in the pocket. They had hidden some saddles in a cave. There was a racing saddle amongst them. It belonged to any of them and had been last used by Jim. Pat and Jim did not tell him where they had come from. He was not at the station kitchen with them. He remembered having a conversation with Senior-sergeant Rody Byrne. He did not say that , they got to the camp on Monday. He said to Senior-sergeant Byrne, “I saw my brothers Pat and Jim about a fortnight ago on the Thursday or Friday at Carnarvon Station before my father came from Babiloora”. He was last at the pocket on March 7 or 8 last. His father put the gear in the cave.
John Kenniff, another brother aged 17, gave evidence relative to he and his father going to Babiloora.
THE FATHER’S EVIDENCE.
James Kenniff, senr., said he was a stock-keeper. He deposed that he was ordered from Lethbridge’s Pocket by a man named Brown in February last. Jim and Pat left that day. He and his two sons, John and Tom then went to Skeleton Creek and John and he went on to Babiloora for some horses leaving Tom behind. At Warrego Police Station he saw Doyle and Millard. They had a look at the horses. He went back to Skeleton Creek. Tom was not there, but he arrived later during the night of Friday, March 28. Witness had 18 horses with him, and he left 11 of them at the creek where there was PLENTY OF WATER.
He took the other seven down to Bull’s run, at the new yards, and from there he went to Euraway Springs. There he saw a man named Dempsey or Macintosh. Stopped there from Monday till the Saturday, when he and Tom and John were arrested. He was 65 years of age. He could not read or write. He had not seen Pat or Jim since February till he saw them in the police court.
To Mr. Lilley: He could not say what month it was he got to Lethbridge’s Pocket.
The court then adjourned for lunch.
After the luncheon adjournment James Kenniff sen., was further cross-examined by Mr. Lilley and said that he took the camp away from the pocket, though he hid some
things there. He camped at Skeleton Creek one night. Next day he went to Carnarvon and then to Babiloora, where he got two horses. It was a rough road from Skeleton Creek to Carnarvon, but it was easy going back. From Skeleton Creek to Carnarvon was about 25 miles. He saw George Smith (who was called in and identified) at Skeleton Creek. He did not ask him the way to the rails. At the pocket he left some flour and a JOCKEY’S S SADDLE AND BRIDLE. He took over a fortnight’s rations with him Brown hunted him out. He was not afraid of the police.
James Telford, a station hand of Mitchell, said he knew both the prisoners and Doyle. He also knew Dahlke’s mare Boadicea ; he was in Mitchell in February last, when Pat Kenniff was discharged, and helped to carry some saddles, etc., from the court to the hotel. He saw Pat’s revolver. It was different to the one in court. Darramundi and Faithful were faster than Boadicea. Both prisoners were first-class horsemen and bushmen. Dahlke riding Boadicea would have no chance of catching either Darramundi or Faithful, especially in the scrub. It was a common thing for bushmen to carry revolvers. Witness had carried one for four and a half years. There were PLENTY OF SCALPERS about the district both black and white, particularly black, who were armed. He would not believe Jos. Ryan on his oath. In answer to Mr. Lilley witness said he had not heard of Cleary’s horse being stolen. He had heard of Sunnyvale Station being burned down some time after Pat Kenniff’s release. He would be surprised to hear that James Kenniff had said that he was not in Mitchell.
Edward Brown a blacksmith, identified a short-barrelled revolver as being one he saw
in James KennifTs possession. He know Joseph Ryan, and had experience of him. He would hardly believe Ryan on his oath. It was a very common thing for men to go about armed in those districts.
Charles Wm. Maconochie, a drover, gave evidence of giving a revolver to Patrick Kenniff. He gave him the revolver in January last. This witness gave an instance of the docility of the police horse George, which he di not consider to be a touchy horse.
To Mr. Lilley: He knew Jim Kenniff well. He saw him at Springsure, but had no conversation with him about Doyle and Dahlke.
Mr. McGrath then announced the close of his case.
EVIDENCE IN REBUTTAL
In rebuttal, Mr. Lilley called Charles P. Tom who said that the distance from Carnarvon to Lethbridge’s Pocket was 18 or 20 miles. The Springsure road runs down towards Skeleton Creek, from a turn-off it would be six miles to the pocket, and one would have to cross a range. From Lethbridge’s Pocket to Skeleton Creek as the crow flies is about 6 miles ; to ride it would be 9 miles. From Carnarvon House to Skeleton Creek is about 15 miles. That
would be to the head. The best way to Skeleton Creek would be along the Springsure road. From the pocket to the junction of the Meteor and Skeleton Creeks would be 18 miles. From there to the New Yards it would be 13 miles. He did not know how far the distance was to Euraway Spring, as he had never been to that country.
George Smith, a laborer, residing at Springsure said that on Easter Sunday night he was camped at Meteor Creok at what was called Brown’s Yard. He saw James Kenniff senr., and two boys that night. They arrived somewhere about 11 o’clock. He was asleep when they came and their talking awakened him.
To Mr. McGrath: He was served with a summons last Sunday week. He had no particular reason to keep these facts in his mind.
To his Honor: He kept the fire alight. He LIT A FIRE to guide them through he gate.
To Mr. Lilley: He gave a statement to the police some months ago at Rockhampton v Michael Dillon (recalled) gave evidence relating to certain statements made by Mulholland, who stated that he had known the boys and the old man but had seen very little of them for the last twelve months.
Senior-Sergeant Rody Byrne was next called and stated that he recollected arresting the three Kenniffs, the father and Tom and John at Euraway Springs. They said they arrived there on Sunday, March 30, at 12 o’clock. He had a conversation with Thos. Kenniff.
This closed the evidence called in rebuttal.
Mr. McGrath then made application to have the case adjourned till the following
morning but His Honor could not see fit to grant any adjournment.
Mr. McGrath then commenced his address to the jury, and had not finished when the
court rose for the day at 6 p.m.
returning to gaol.png
[To be concluded…]
Source:
“The Crown says Doyle Was “Butchered to Death by these Two Fiends.”” Truth (Brisbane, Qld. : 1900 – 1954) 9 November 1902: 5.

One thought on “Spotlight: PATRICK AND JAMES KENNIFF ON TRIAL for the MURDER OF CONSTABLE DOYLE (Part Two)

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