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

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.

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.

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.
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.

[To be concluded…]

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Source:

“The Crown says Doyle Was “Butchered to Death by these Two Fiends.”” Truth (Brisbane, Qld. : 1900 – 1954) 9 November 1902: 5.

Posted on February 15, 2018February 24, 2021 by AJFPhelan56 1

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

The benefit of the Kenniff trial taking place in post-Federation Australia is that the modernity of the case allows for a very different approach to the reporting of events. Here we see a wonderfully illustrated report of the trial of the notorious Queensland bushrangers. Dotted with caricatures of the main players, we gain a very interesting insight into the event from the perspective of the artist. Among the exaggerated features and ludicrous moustaches is a detailed account of one of the most important trials in bushranging history. Below is part of the transcript of the feature that featured in that famous issue of the Brisbane edition of Truth, the second part will be in next week’s Spotlight.

***

PATRICK AND JAMES KENNIFF ON TRIAL for the MURDER OF CONSTABLE DOYLE

A Cloud of Witnesses for the Crown. The Prisoners Give Evidence from the Dock. Defence Sets Up An Alibi.

Early on Monday morning last, George street, in the vicinity of the Supreme Court, might have seemed to a stranger one of the busiest streets in Brisbane. There was an animated scene just outside the Supreme Court gates where an ever growing crowd was waiting for admission. The attraction was a free show, not a theatrical entertainment, nor an athletic contest, but a human drama of life and death. For Patrick and James Kenniff were to be tried for their lives on a charge of murder. Long before 10 o’clock the gallery of the Criminal Court was crowded and the floor of the court was also packed, so that it was difficult to force a way through. Apart from the public announcements it was easily apparent from the unwonted animation and excitement in the precincts of the Supreme Court that something of grave import was a-foot.

There were policemen everywhere, of every rank, some in uniform, others in mufti ; barristers in wig and gown having business in one court or the other ; and many ordinary mortals bearing an unmistakable air of business and importance— these were either witnesses or jurymen. It wanted a few minutes of 10 when a noise was heard of men coming up the stairs from the cells beneath the court and presently the Kenniffs tramped up the steps guarded by about half-a-dozen policemen. James Kenniff led the way and STEPPED INTO THE DOCK just in front of his brother Patrick. Both men looked thinner and paler than when last seen at the police court. Confinement has evidently told on them, and though apparently strong and healthy they do not seem as fresh and virile as they did in July last.

They bowed to their solicitor and then sat down, thus disappointing the ghouls in the gallery who were already craning their necks in an effort to get a good look at the prisoners.

Punctually at 10 o’clock the tipstaff called on all who had any business to transact before that honorable court to step forward, etc. This announcement heralded the Chief Justice, who then took his seat, accompanied by Mr. Gilson Foxton, the sheriff.

The associate then read over the list of the 72 special jurors, and a number of these begged for exemption on the ground of being over the age limit. While excusing these gentlemen, His Honor gravely rebuked those responsible for this extraordinary list of jurors. Then a jury of 12 was empannelled, but not without much challenging, and the list had to be twice read through. In the first round the Crown ordered 33 to stand by and five in the second, a total of 38, or more than half the panel. The challenges of the defence totalled 21.

The special jurors sworn to “well and truly try ” were :—Francis Pearson Latrobe, Herbert Edgar Littler, James McMillan, John Tait, Frederick McDonnell Hart, Charles Tait, Joseph Arthur Overell, Fred Hiley, Herbert Sheard, James Thomas Isles, Duncan Munro, William Siemon. The jury elected Mr. Hiley as their foreman. Mr. Edwyn Lilley, with him Mr. Stumm (instructed by Messrs. Morris and Fletcher), prosecuted for the Crown; and Mr. McGrath (Messrs. McGrath and O’Neill), defended the prisoners, while Chief Inspector Douglas watched the case for the police. When the jurymen had taken their places in the jury-box the Chief Justice created some consternation in their ranks by intimating that virtually they WOULD BE PRISONERS until the conclusion of the trial. They would not be allowed to separate or to return to their homes, but would be made as comfortable as possible under the circumstances. The jury then requested that they be allowed time to arrange business and private affairs, and an adjournment till noon was therefore granted.

On resuming, Mr. Lilley began his address to the jury. He recounted the circumstances that led to Doyle and Dahlke going in search of the Kenniffs, and recited the movements of the two men till they reached Lethbridge’s Pocket. He then gave a description of the topography of the Pocket. It was a pear-shaped place, enclosed by the surrounding hills, which were very steep. A witness would describe the place as the most rugged country he had ever seen. Through this pocket ran a creek, known as Lethbridge’s Creek. A little above the scene of the alleged murder was a spring of water, and a stony hill stood out in the middle of the pocket. The pocket contained two square miles of flat land. About two miles from the scene the father of the Kenniffs resided, and there was the home of the family. On the right-hand side as the pocket was approached from the south there was a considerable extent of DOGWOOD SCRUB.

From this counsel went on to explain the movements of the men and what was happening when Tracker Sam last saw the two missing men alive. He told of Sam’s retreat from the Kenniffs, of the search in the pocket by Burke, and described the result of the police searches as already given in the lower court. Mr. Lilley gave shortly particulars of the police chase after the Kenniffs and their arrest. Then he gave the jury the benefit of the Crown’s theory as to the end of Doyle and Dahlke. It was for the jury to say, said counsel, whether, when James Kenniff was arresled by Constable Doyle, Patrick Kenniff rode round a little hill, and Dahlke, thinking Doyle equal to James Kenniff, had ridden to meet Pat Kenniff who shot him; Doyle then seeing Dahlke in distress, had run up to his help, and as he did was fired at by Pat Kenniff, and missed, and was again fired at and done to death by one of the men. What the first fires were lighted for he did not know. They had then taken the murdered men in the fly of a tent— which Doyle and Dahlke had brought with them— and left the packhorse in the creek. Taking their burden to a rock, they must have CUT THEIR VICTIMS to piecemeal ; otherwise they could not have been so consumed by fire. Next they had scraped up and swept the charred remains into the packbags; and started off with their ghastly burden. The police horse bearing the packbags had broken loose and they had been too frightened to go after him. If the prisoners on 30th March, 1902, were engaged in common design to resist arrest, and either of them was armed, to the knowledge of the other, for the purpose of carrying out a common design of resisting arrest, and one of them— it was immaterial for the jury to say which— to resist his own arrest, or to enable the other to escape from, or resist arrest, shot either Doyle or Dahlke, they were both guilty of murder. It was scarcely an impressive address. Mr. Lilley was halting and labored and not over sanguine in tone. For the most part, what he told the jury of the Crown’s case was already known to the public, but he added one little touch, significant of many things. This was the narration of an incident in the cells at Mitchell, where a policeman ACTED AS “EAVESDROPPER” outside the cells occupied by the prisoners.

The evidence for the Crown was commenced after lunch. Fitzgerald and Graham, both inspectors of police, told of warrants which had been issued for the arrest of Patrick and James Kenniff on a charge of horsestealing. Graham had posted these warrants to Constable Doyle on March 21. Then Constable Stephen Millard took the oath. Millard was stationed with Doyle at the Upper Warrego, and .saw him set out after the Kenniffs with Dahlke and Tracker Sam. He described the party’s appearance and outfit. He also identified most of the articles found by the police in Lethbridge’s Pocket, as belonging either to Doyle or Dahlke. Millard was one of the police party that prospected the pocket for traces of the missing men. He gave the result of this search : the discovery of “a charry sort of stuff ” on a flat rock, the shirt buttons and teeth found therein, the tracks, and the burnt and charrcd logs and stone. Under cross-examination Millard was confident that the spurs found were Doyle’s. James Kenniff was a good horseman, he said, but Pat was not. Doyle’s revolver was loaded when he left the police station. When found there was one empty cartridge in it, the others had been extracted. There was blood on the metal part as if it had been held in A BLOODY LEFT HAND.

At the conclusion of Millard’s evidence the court adjourned till Tuesday. If possible, there was more excitement and a larger attendance on Tuesday for it had been rumored that Sam Johnson, the blacktracker, now famous as the last man who saw Doyle and Dahlke alive, was to give his evidence. And soon after 10 a.m. Tracker Sam Johnson radiant in a blue tracker’s jumper with red braid, walked up to the witness-box and smiled affably on the court. As some doubt existed as to the exact brand of Sam’s religious beliefs the Chief Justice took his promise to tell the truth under pain of awful punishment if he told a lie. Sam then settled down to answer Mr. Lilley’s questions with a look of serious concentration on his face. He was in the box all the morning and his evidence was in the main similar to what he had given at the lower court. Sam accompanied Doyle and Dahlke when they RODE OVER THE RANGE into Lethbridge’s Pocket. They were following horse tracks. Once in the pocket he saw Pat, Jim and Tom Kenniff on horseback with two packhorses. The Kenniffs left their pack-horses and raced away across the gully. Pat and Tom went to the right and Jim followed the creek. Doyle and Dahlke raced after Jim while Sam tied his pack-horse to a log, then he followed. He saw that Doyle and Dahlke had caught Jim Kenniff. Doyle was trying to pull Jim off while Dahlke held the reins of Jim’s horse. Sam helped Doyle to pull Jim on to the ground. Then Doyle told him to bring up the pack-horse George, which was feeding about 200 yards away. He went back as quickly as he could. Before he reached the horse he heard a shot fired. Four other shots followed quickly. When he got to the horse he looked back but he could not see either Doyle, Dahlke or Jim Kenniff. He could see the place where he had left them, but no men. Failing to get the handcuffs out of the pack, he led the horse forward. He had not gone far when he saw Patrick and James Kenniff riding fast towards him. He let the pack-horse go and turned and raced into the scrub. He went as hard as he could to the Pumphole where he saw Burke and told him what had happened. That was about ll o’clock in the morning. Burke went back with him to the pocket. Sam stayed in the scrub as he was frightened, but Burke went on and caught Dahlke’s mare Boadicea. Sam said he saw blood on Boadicea’s saddle. Mr. McGrath here objected and Sam then said there were WET, RED STAINS on the saddle that looked like blood. After leaving the pocket he rode to Mount Moffatt and told Mr. Tom. Then he went on to Forest Vale and Mitchell, taking Dahlke’s saddle with him, which he handed to Constable Cleary. Sam then described how he had afterwards accompanied various search parties to the pocket. He had seen Pat Kenniff under Doyle’s arrest at Merivale. In answer to Mr. McGrath, Sam said when he saw the Kenniffs coming at him they were about 100 yards away. He walked his horse about 10 yards, then let the pack horse George go and raced away up the mountain. He could not say how far the Kenniffs followed him because he never looked back. That was the first time he had seen James Kenniff. Some questions followed as to what Sam had said at Rockhampton about the number of shots he had heard, but Sam said what he said now was right. The depositions taken at Rockhampton at the death inquiry were put in and Sam’s evidence was read, but his Honor pointed out that he would tell the jury that depositions of this sort were of no practical value, and quoted from Cochrane a statement discounting reliance being placed on depositions taken before a trial.

Mr. McGrath then continued his cross-examination. He wanted Sam to explain how he knew it was Jim Kenniff in the pocket, as he had never seen him before. Sam said Doyle had told him they were going after Jim Kenniff. Later on the Chief Justice asked Johnson :

“Who were the two men who raced after you?” and Sam POINTED TO THE Prisoners in the dock. Further questions followed concerning the identification of articles worn by Doyle, and a chain belonging to the Warrego Police Station. Sam said he knew the spurs were Doyle’s, but could give no reasons for recognising them. He knew the stirrup-leathers, because he had often cleaned them. He did not know how many days were in a week, or weeks in a month. He could neither read nor write. He did not know how old he was.

Mr. McGrath: What time of day was it when the bullets were flying about—sun go up, go down, or him on other side?

Witness (quietly): About 8 o’clock.

(Laughter.)

Are you a pretty good tracker ?— Pretty good.

After luncheon, Dr. J. E. Dods deposed that on April 21, in conjunction with Dr. Marks, he had examined stains on a saddle (Dahlke’s). They were blood stains — mammalian blood, he thought. Charles Pearson Tom, of’ Mount Moffatt Station, said that he rode part of the way with Doyle, Dahlke and Sam Johnson to the pocket. That was the last time he had seen Doyle and Dahlke. Mr. Tom then told of Sam’s statements to him on the Sunday evening. Sam showed him Dahlke’s saddle, which was stained with blood, so profusely that it might have been poured through the rose of a watering-can. He knew that Doyle had arrested Pat. Kenniff early in February last at Merivale. Doyle told him Pat DREW A REVOLVER, but had lowered it when Doyle ordered him to ” pack it up.” The next witness was James Ernest Burke, laborer of Carnarvon Station.’ He first gave an account of the altercation botwuen the-Konniffs and Ryan at Carnarvon on Good Friday night, concluding with Pat’s threat, “Whatever Dahlke gets ‘you’ get.” Then he described his meeting with Tracker Johnson, and his subsequent visit to the pocket. Mr. McGrath asked if he had mentioned in the police court that from Kenniff was present at Carnarvon on the Friday night, and the witness said he had. Mr. McGrath said it was not in the depositions and suggested that Tom was there in the afternoon, but his Honor said this was not inadmissible, and in the interests of the prisoners it should not go in. R. C. Lethbridge said he had gone into Mitchell with Sam Johnsou, and on April 1 handed over Dahlke’s saddle to Constable Cleary. Cleary deposed to receiving this saddle, and Constable Judd related how he had delivered it to Dr. Marks. Another constable (Dawes) identified a revolver as the one Doyle said Pat Kenniff had drawn on him in February. He knew it by the missing screw and a piece broken off.

WEDNESDAY’S PROCEEDINGS.

On Wednesday there was such a rush for admission that an orderly was stationed at the main entrance to the court to keep out all except these who had a right to admission. One of the spectators this day was the father of Constable George Doyle, whose conduct was rather eccentric, and he had to be restrained several times by friendly admonitions to “Kape quiet”.

The first witness was Constable William James Nash, of Mitchell who knew Pat Kenniff and Doyle. In February of last year Doyle had Pat in custody, and handed him over to witness. A revolver was also given to witness. It was a Colt’s revolver. Joseph Ryan, head stockman of Carnarvon station, said that in March last Dahlke was manager of that station. He last saw him alive on March 25 last. He had not received any message or letter from him since. Ryan then told his tale of the Kenniffs calling on him on March 28, and making certain threats. Ryan’s cross-examinination by Mr. McGrath was interesting. After questioning him as to the relative positions of all parties on the night in question, the following occurred :—

How long have you been in the district? — Since ’95.

Have you got any nickname ? — No.

Haven’t you got the reputation of being a liar?— No.

Haven’t you a nickname of DEADWOOD DICK? —No.

Or Joe the liar? — No.

Haven’t people frequently said that you are a man who could not be relied upon ? — No. Only Jim Kenniff.

Were you not in the habit of carrying yarns backwards and forwards ?— No James Kenniff accused me of it.

You have no friendly feeling towards the Kenniffs? — No.

You assisted the police to capture them? — Yes.

You didn’t make any reference to the revolver in the police court on the first day? — No.

What is your explanation for that?— I forgot it I suppose.

To catch the Kenniffs; was your whole object? — Yes.

With the police? — Yes.

The witness further stated that he was with the police from April till the end of May.

Richard Tapp, Sub-inspector Dillon, Constables Simpson and Tenane gave evidence as to the searches in Lethbridge’s Pocket. Francis Henry Vivian Voss, legally qualified medical practitioner, was then called, and made an affirmation. He said he was Government medical officer at Rockhampton. He knew Constable Millard, and on April 8 he received two saddle-pack bags, one pouch, revolver and pouch, one packet, one button, and one metal ring. He opened the bags, and found them to contain charcoal, fragments of bones, pins, buttons, a metal ring, and fragments of clothing. He examined the packet mentioned, and found it to contain earth and leaves covered with a glistening tarry covering. He examined some parts of it, and it gave the reaction of blood. He tested the matter chemically. There was also organic matter there.

His Honor : Leaves are organic matter.

Witness : I was referring more to THE CHARRED MATTER.

A box was then produced containing a number of articles. The doctor said he made a careful examination of the pack-bags. He separated all the bones he could find. Some bones he could not identify as particular bones. Of those he could identify he found portions of a human skull. One part showed plainly the socket of the eye.

His Honor: More than one skull?

Witness: I could not say.

Continuing, he said he found portion of the human vertebrae. On one fragment of vertebrae he found flesh, which was quite fresh. The body could not have been long dead; he thought about three weeks. He also found portions of the human pelvis, pieces of the human thigh and leg. Also bones of a human hand — finger and wrist. There were also some toe bones. Portions of human teeth, some buttons, and a part of a stud were also found. Two pins were found in the pack bag, a piece of material like that of a coat or trousers, and canvas padding used for a coat. They appeared to have passed through fire.

Mr. Stumm: Can you say, looking at, those bones that they are that of more than one person ?— No.

Are they the bones of a male adult or child?— From the size of the teeth and the size of the bones they belonged to an adult male or males.

Continuing the doctor gave evidence relative to the ti-tree brush, piece of rock and round stone found by Sub-inspector Dillon. Dr. Voss, in answer to Mr. McGrath, said he could not tell whether the remains were those of a WHITE OR BLACK PERSON, or whether the blood was that of a human being or not.

Snapper, a half-caste stockman on Meteor Downs Station, said he had found handcuffs and a chain about three-quarters of a mile from old Kenniffs camp.

Senior-sergeant Power identified the handcuffs, revolver, etc., which had been issued to Constable Doyle. Purvis Lannigan, head stockman at Meteor Downs, said he knew Snapper, and received the articles mentioned from that witness. In answer to Mr. McGrath witness said there were scalpers’ 40 miles away from Lethbridge’s Pocket. He had not seen any scalpers in Lethbridge’s Pocket.

David C. O’Brien, deposition clerk at Rockhampton, gave evidence relative to the death inquiry held at Rockhampton and the various exhibits produced at the time and Acting-sergeant Patrick Mallon, of Woollaston, testified as to the receipt of various articles received from Lanningham in August last.

Senior-sergeant Rody Byrne, stationed at Toowoomba, said the witness O’Brien had given him a number of exhibits which he brought to Brisbane. In answer to Mr. McGrath, he said that he arrested James Kenniff, senr., and his sons Thomas and John on April 5 at Uriway Springs, nearly 12 miles from Meteor Downs and about 55 miles from Lethbridge’s Pocket. There was a man working at the springs, but he did not know his name. He had heard Tom Kenniff call him Jim. He had since made inquiries for him. He had heard that the defence had got a subpoema for this man.

In answer to Mr. Stumm, witness said he followed up the tracks from old Kenniff’s camp in Lethbridge’s Pocket. Mr. McGrath objected, but it was pointed out by his Honor that it was desirable that Tom Kenniff’s movements should be known.

Where is Kenniff’s camp?— About two miles from THE SCENE OF THE MURDER.

His Honor: You know nothing about the scene of the murder yet!

Continuing, Byrne said there was signs of habitation about the Kenniffs camp, which was half-a-mile lower down from the flat rock.

His Honor: It is rather vague calling a tent the Kenniff’s camp.

Snapper, recalled, produced a stick on which he had made certain marks indicative of distances.

Amelia Dahlke, mother of Albert Christian Dahlke, said that she had not seen or heard from her son since March 29 last. He was 26 on December 10 last. She had heard no reason why he should not write to her if he was alive and let her know where he was.

She last saw him alive at the end of August, 1901. When he left for Carnarvon she put some flowers in his coat and fastened them in with a bouquet pin. The pins produced were exactly like them.

Wm. Collins, member of the firm John Collins and Sons, graziers, said his firm owned Carnarvon and Babiloora stations in the Warrego district. Albert Christian Dahlke was manager of Carnarvon. Dahlke made fortnightly reports. His last report was dated March 19, and his last cheque was dated March 10. IF DAHLKE WERE ALIVE he would expect to hear from him.

Catherine Doyle, sister of Constable Geo. Doyle, said that she had not seen or heard from him since March 29 last. She replied to that letter and it was returned by the Post Office. No message or communication had been received from him since that date as far as she knew. She knew of no reason if he was alive why he should not communicate with her or other members of the family. He used to send money home, but no money had been received since March 29 last.

Sam Johnson, recalled, said he knew old Kenniff’s camp, and was there with Doyle four weeks before he went to Lethbridge’s Pocket. Old Kenniff and Jack Kenniff were there. The camp was a tent. There were leaves under blankets for beds. There was a fire there with stones around it. The camp was on the gorge in the pocket, near the creek. It was from the camp that he ran the tracks with Rody Byrnes afterwards.

Evidence of the Kenniffs’ arrest was then given by Constables Scanlan and Cramb. The latter stated that when James Kenniff was arrested he had two loaded rifles in his possession, and after calling on him three times in the King’s name to surrender Jim raised his rifle, and witness fired his rifle and missed. Jim then laid down his rifle and said, ” Don’t fire. I want to talk to you.” Witness replied, ” Throw up your hands and surrender in the King’s name.” He replied, “I WON’T SURRENDER.”

He then said, “Where is Paddy? I want to know if he is dead. If he is I won’t surrender, or if he is wounded.” I said, ” You had better surrender : you are surrounded by police.” He said ” I don’t care if I am surrounded by 60 police; I want to see Paddy alive, as I am tired of the life I am now leading.” He then came up and stood on a log about 15 yards from said, ” Don’t fire.”

…

[Consable Meston said he spoke to] James Kenniff on the way to Mitchell, ” Whose horses were they that Cramb shot?” and Jim Kenniff replied, ” They were our horses.” The court then adjourned for the day.

On Thursday Cramb was cross-examined at some length. He was followed by Constable Tasker, who gave further evidence as to the arrest. Then Sub-inspector Hugh Malone was called. He said he was in charge of a body of police in June last searching for the prisoners. On June 23 the two men were brought into Mitchell. He took charge of everything that was found in the camp. Prisoners were placed in adjoining cells separated by a thin wooden partition.
Mr. Lilley : Do you remember standing near those cells and hearing a conversation between the two prisoners ?— Yes, about 8 o’clock that night in the open air.
What did James Kenniff say ?— He said ” I heard someone say THEY WILL HAVE TO PROVE IT. I think it will only be for the ‘gee-gees’— they are mine.” Patrick Kenniff replied, “No, no!” James Kennif then said, ” They have got you set,” and added, ” The
ranges were the best.”
Did you hear anything said about business?— I heard James Kenniff say, ” What
kept you so long! If I had got to business they would have shot you.”

Mr. McGrath briefly cross-examined with regard to the Government proclamations which were hung up on trees in the district.
In answer to Mr. Lilley Malone stated that he said to Jim Kenniff, ” I suppose while travelling about you had a good laugh at your photos being in the bush ?”— Jim replied he saw a notice signed by the Chief Inspector. One of the jury having asked for the surveyor’s sketch of Lethbridge’s Pocket with various spots marked on it, H. G. Blakeney,
the surveyor, was called. Mr. McGrath objected to this plan going in and his Honor said that perhaps it would be safer not to put the plan in as evidence.

[To be continued…]

“PATRICK AND JAMES KENNIFF ON TRIAL for the MURDER OF CONSTABLE DOYLE” Truth (Brisbane, Qld. : 1900 – 1954) 9 November 1902: 1.

Posted on February 8, 2018February 24, 2021 by AJFPhelan56 1

Spotlight: Finding Byrne’s Body.

This engraving of a black tracker finding the dead body of Joe Byrne is a rather dramatised image that ironically downplays the drama of the scene. Joe’s body was recovered from the Glenrowan Inn after it had been set on fire. Father Gibney was the first to discover Joe’s body and darted from room to room looking or survivors. The bushranger’s body was dragged out of the raging inferno by police and propped up against a fence while the inn was reduced to smoking rubble. Hardly the sort of situation that would allow a person to calmly crouch next to the corpse (which incidentally was still clad in armour at the time). Yet, the body is unquestionably Joe Byrne’s corpse for one very good reason – this engraving is from a sketch of the corpse as it lay in a lock-up cell.

The artist behind this image is the renowned Julian Ashton after whom the Julian Ashton Art School in Sydney is named (he established this art school in 1890). At the time Ashton was new to Australia, having arrived in Melbourne in 1878, and was working as an illustrator for the Illustrated Australian News and as there was no bigger story at the time than the Kelly gang’s defeat at Glenrowan he was sent to create imagery of these dramatic events. Ashton was ushered into a lock-up cell in Benalla at night and by candlelight was tasked with sketching the decaying body of Joe Byrne onto a block of wood to be converted into a woodcut engraving. It is for this reason that the image is reversed. The correct image should be thus:

Furthermore, Ashton was still at the lock-up the next morning when the body was strung up for photographers while a morbidly curious crowd gathered around. Ashton is even captured in one of the photographs turning his back on the horrid spectacle captured by his friend John William Lindt. He considered it “the most miserable assignment I have ever had”. David Syme, proprietor of the Illustrated Australian News did not look on the situation with the same grimness as the Glenrowan issues signalled the first time the paper had made a profit.

Julian Ashton stands at the left of the image with his sketchbook under his arm.

Ashton later produced the striking portrait of Ned in the dock of the Beechworth courthouse during his committal hearing that was splashed on the cover of the Illustrated Australian News. A year later Ashton began working for the Australasian Sketcher and moved to Sydney in 1883 and would spend years travelling Australia before taking up as an art teacher. Julian Ashton died in 1942 leaving a marvellous legacy for Australian arts and culture and some striking imagery to illustrate the histories of the bushrangers.

Selected Sources:

FINDING BYRNE’S BODY. – A STUDY. [picture] Melbourne : David Syme and Co. 1880

Joe Byrne’s body outside Benalla Police Station [picture] / J. W. Lindt.

“KELLY GANG.” The Sydney Morning Herald (NSW : 1842 – 1954) 25 January 1934: 13.

“CAPTURE OF THE KELLYS” The Dubbo Liberal and Macquarie Advocate (NSW : 1894 – 1954) 17 February 1934: 6.

http://adb.anu.edu.au/biography/ashton-julian-rossi-5073

https://julianashtonartschool.com.au/about/history/

Posted on January 18, 2018February 24, 2021 by AJFPhelan56 2

Spotlight: Portrait of Jack Bradshaw

Jack Bradshaw was a small time bushranger whose legacy exists in the book The True History of the Australian Bushrangers. Bradshaw was in and out of trouble and in his later years wrote a book about the great bushrangers and his supposed relation to them. The book was self-published and he travelled door to door selling it to anyone who would give him the time of day.

Bradshaw was motivated to write his version of the stories because he believed that popular media of the day had destroyed the characters of the bushrangers and bastardised the stories. Bradshaw aimed to set the record straight by stressing that Boldrewood’s Captain Starlight was a fictional character and by detailing the stories of the bushrangers as he knew them. Conspicuously, Bradshaw was very vocal in his support of Dan Morgan’s character and condemned the way he was portrayed in the media as a monster. Bradshaw staunchly believed, as most rogues tend to, that the police are the root cause of misfortunes for the poorer classes.

The portrait here was published in the book and presumably was meant to illustrate how even after all those years he was still a tough old rogue. Right to the end Bradshaw rode his infamy, dying when he was 90 years old in 1937.

Source:

Bradshaw, Jack The only true account of Frank Gardiner, Ben Hall & gang, also Lowery, Larry Cummins, the three Jacks, and others who made themselves known in the sixties as lawbreakers. s.n, [Sydney, 1912]

Posted on January 11, 2018February 24, 2021 by AJFPhelan56 0

Spotlight: Bushranging on the Lower Murrumbidgee

The Bluecap Gang was one of the many gangs of bushrangers that developed a reputation as infamous brigands of the bush while committing very little in the way of high-end robberies. The gang was prone to stealing merely what they needed – usually clothing and horses – and then moving along. Their apparent ineptitude was only rivaled by that of the police in pursuit of them who were ill-equipped for bush work. An excellent illustration of the gang’s modus operandi is shown in this article from 27 August 1867.

BUSHRANGING ON THE LOWER MURRUMBIDGEE.

The bushrangers “Blue Cap” and his two companions have within the last week committed several additional robberies on the Lower Murrumbidgee, but in none of them have they, we rejoice to say, acquired much booty. On Saturday last, they made their appearance at Mr. Gordon’s, Barrellan Station, and as only one man happened to be about the place at the time, and they were all well armed, one of their number carrying no loss than four revolvers, resistance was out of the question. Though they did not know any of the station horses by sight, they were very accurately informed of the condition, stamp, and even names of many of the best of them, and had evidently obtained their information from someone possessing some knowledge of the place. One valuable horse, belonging to Mr. Gordon himself, and another to one of the men, they selected and appropriated, and they then went into the store and helped themselves to some tea, sugar, and a pair of boots, the pair worn by one of their number being in rather a dilapidated condition. On Monday they stuck up the station of Messrs. Waller and Gorton, and robbed the former gentleman of his watch.

On Tuesday, near Benerembah, about fifty-two miles on the Hay side of Narandera, they stopped the mail, which was driven by David Roach, then coming up on his last trip. The only other person in the cart was a man named Kerr, who succeeds Roach as driver. The bushrangers ordered Roach to drive off the road into the bush, and when they thought themselves sufficiently removed to be secure from the observation of chance passengers, they made him pull up, and then proceeded to rifle the bags. They opened all the letters, but fortunately did not find money in any of them, with the exception, of one cheque for £10, which had been sent in payment for some postage stamps, and which, as it was worthless to them, they did not take. After searching all the letters they left everything with the mailman but one Victorian Police Gazette, which one of them carried off. They did not search or attempt to rob Roach or his companions, and as they were riding away, the former remarked to one of them that the road they were taking was a very wet one. He replied that it would not much matter, as they soon expected to have some hot work. After sticking up the mail they fell in with a Chinaman, and ordered him to unstrap his swag. This John refused to do, and for some time clung to his property, but on the production of a revolver gave it up. The swag was then cut open, but nothing of value was found therein, and the Chinaman was then allowed to proceed. Those scoundrels are all now splendidly mounted, and as they know the country well, it is to be feared that the police will experience great difficulty in hunting them down. Both the Cootamundry and Narandera police are now understood to be upon their track. According to the Hay correspondent of the Deniliquin Chronicle, the same men, on the 7th instant, stuck-up Mr. Pigot, a hawker, travelling with goods in teams, who gave information to the police at Hay that he had been stuck-up by three armed bushrangers on Groongal. They helped themselves to what clothing and other articles they desired, and obligingly informed the robbed man that they were doing remarkably well, and intended shortly to visit the township of Hay and stick-up the Joint Stock Bank. The same men stuck-up Bringagee and Groongal (Messrs. Learmonth’s), and Howlong (Mr. Rudd’s) stations.

Whilst engaged at Groongal, the steamer Providence was close by, and the vessel is said to have had about it no less than thirty persons.

Source:

“NEW SOUTH WALES.” The Mercury (Hobart, Tas. : 1860 – 1954) 27 August 1867: 3.

Posted on January 4, 2018February 24, 2021 by AJFPhelan56 0

Spotlight: Dan Kelly and Steve Hart, Are They Alive or Dead?

No other bushranger conspiracy theory has had as much traction as the theory that Dan Kelly and Steve Hart escaped from Glenrowan and survived into full adulthood whereupon they became soldiers in the Boer War. The truth is that these stories were almost always peddled by swaggies or other such entities who would spin yarns as entertainment. Very few of the people claiming to have had an intimate enough understanding of the the people or events to prove the identities of these men actually did but – as they say – why let the truth get in the way of a good story? To this day there are towns throughout Australia who cash in on these oral histories as a way of helping put themselves on the map. This article, published in 1902, is one of the earliest recorded accounts of the stories about Dan and Steve’s escape.

Dan Kelly and Steve Hart, Are They Alive or Dead?

Some weeks ago it was reported by cable that the bushrangers Dan Kelly and Steve Hart, who were supposed to have been killed at Glenrowan in the final encounter between the police and the Kelly gang, were in South Africa. Mr. W. B. Melville writes a detailed account from South Africa regarding the alleged outlaws, whom he says he met and from whom obtained a particulars of their escape, Dan Kelly told the story as follows: —

‘Steve here, and me, and Ned and Joe Byrne, was in that pub alright. Ned got away, and we was to foller him, but Joe was boozed, and we couldn’t poll him together. When we wasn’t watching him he stepped outside and was shot. After that two drunken coves was shot dead through the winder. They would have a go at the police, so we gave them rifles, revolvers, powder and shot. The firing where they fell wus too hot for us to reach them, so our rifles and revolvers was found by their remains. This was why they thought we were dead ‘uns. I’m sorry these coves didn’t take my tip and get out with a flag of truce. But they’d drink and the devil was in them, and I think Jo Byrne’s recklessness maddened them. Well, Steve and me planned an escape. We was in a trap, and had to gut out of it. We had the traps’ uniforms and their caps, which we used at times to disguise us. We put them on, and you couldn’t tell us from the blooming troopers. Steve, in a joke, wanted to arrest me, and I wanted to arrest him. Didn’t we, Steve? The next thing was how to leave the pub. A few trees and bushes and logs at the back decided us. We hung along the ground for a few yards, and then blazed away at the pub like the bobbies. We retreated from tree to tree and from bush to bush, pretending to take cover. Yes, cover from Steve and me! Soon we wus among the scattered traps who, no doubt thought we wus funking on it. But we banged away at the blooming pub more’n any of them. The traps came from a hundred miles miles around and only some of them know’d each other. They, didn’t know us anyhow. They couldn’t tell us from theirselves. We worked back into the timber and got away. Soon afterwards we saw the old shanty blazing, and we thanked our stars we was not burnt alive. Well, we got to a friend’s — a shepherd’s hut. We stayed there days, and the shepherd brought us the papers with whole pages about our terrible end, burnt up bodies, and all that sort of stuff. And we heard of Ned’s capture, and was fer taking to the bush again ; but the old shepherd made us promise to leave Australia quietly. He found us clothes and money. We got to Sydney, and shipped to the Argentine. We’ve had a fairly good time since, and ain’t been interfered with. We don’t want to interfere with anybody either. A few years ago we crossed to South Africa. The war broke out and being out of work we went to the front. We’ve had some narrer escapes, but nothing like the narrer escape from the Glenrowan pub.’Mr. Melville adds that they said they were Ieaving South Africa for come place which they kept a secret, and they had no objection to their story being published in a few weeks after they got away. Some weeks afterwards he met them in Capetown, and they said they were off next day. A resident of Sydney who knew the Kellys well states that shortly after the arrival of the Drayton Grange he was standing at the corner of Bathurst and Pitt streets, when he noticed three men in khaki quarrelling. There was an old woman there who was endeavoring to act as a peacemaker. One of the men said to the other with an oath, ‘You —, you thought you were — clever, acting the goat as Dan Kelly,’ and the other answered, ‘ I had to do it, Jim, it was a joke first, and got to be serious.’ Besides, I were in that other trouble.’ The passer-by was naturally attracted by such words, and turning saw before him a man who in every way tallied with Daniel Kelly in appearance, and with the added 32 years to his 18 (his age at the time of the capture of the gang), would wear the same aspect. And as the bystander caught his eye there was a marked expression of interest centred in it, with that peculiar look coming of a mutual recognition. This gentleman also stated that there was an idea prevalent in the Kelly country at the time that Dan and Steve had made their escape. And some months after wards, when it was supposed that they were clear away, and the £8000 reward had been split up, most of the old hands in the disturbed district winked a knowing eye and laughed.
—

Source:

“Dan Kelly and Steve Hart.” The Clarence River Advocate (NSW : 1898 – 1949) 26 September 1902: 8.

Posted on December 21, 2017February 24, 2021 by AJFPhelan56 5

Spotlight: Captain Thunderbolt bails up two boys in Singleton

The following is an account of one of the many bizarre moments in the career of Fred Ward aka Captain Thunderbolt. Ward’s reputation as a successful, gallant and daring highwayman doesn’t hold up tremendously well when scrutinised and in fact the bulk of the time he was in the bush he kept his head down and avoided the spotlight, punctuated with small scale robberies on the roads. One such incident is that which was reported on 7 January 1864 in The Maitland Mercury and Hunter River General Advertiser:

CAPTAIN THUNDERBOLT – This new addition to the gentry of the road, with his euphonious appellation, has played some of his freaks in this district lately. During the past week he stuck up two of Dr.Glennie’s boys, near Glendon Brook, on the road between Singleton and the Paterson. The boys happened to have nothing else in their possession but a few marbles, which he contemptuously returned to them. In letting the boys go, he enquired for the name of their father, and, on being told, he said that he knew Dr. Glennie well, and that the doctor was a clever fellow; he then rode, away. We learn that on Sunday morning last he demanded breakfast at Mr Brooker’s, at Mirannie Creek, which was given to him, but he did not molest anyone, as he was well known by Mr. Brooker as a man of the name of Ward, formerly an old hand in that neighbourhood, until, according to a colonial phrase, he “got into trouble” Ward has also been seen during the past week in various other places between here and the Paterson, and the police have not been idle in making enquiries after him.

*FYI: “euphonious appellation” is fancy talk for “pleasant sounding name”.

—

Source: “SINGLETON.” The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 – 1893) 7 January 1864: 3.

Posted on December 14, 2017February 24, 2021 by AJFPhelan56 0

Spotlight: The Botched Execution of Donohoe’s Mate

In 1827 Jack Donohoe teamed up with two fellow convicts named George Kilroy and William Smith. Taking to the bush they robbed a man named Plomer. Found guilty of highway robbery, the trio were sentenced to death but Donohoe escaped from Bathurst Gaol and avoided his appointment with the hangman. What happened to his mates?

EXECUTION.

William Johnson, for murder, and two other criminals, named Kilroy and Smith, for highway robbery, underwent the awful sentence of the law on Monday last. The unhappy men abstained from addressing themselves to the multitude assembled for the purpose of witnessing the dreadful spectacle. Though silent, they appeared extremely devout. The Reverend Messrs. Cowper and Horton attended Johnson and Smith, whilst their hapless associate, Kilroy, received consolation through the Reverend Mr. Power, the Roman Minister. At about 20 minutes to ten o’clock, the fatal signal was given the pin that supported the drop was withdrawn, the drop fell! Horrible to behold, however, the rope that was to have suspended the centre culprit, Smith, snapped about half way, and the unhappy creature fell senseless against the foot of the gallows, whilst the other two were apparently dead in an instant. After a few moments the wretched man recovered, to be again susceptible of all the horrors of his situation. He did not appear to suffer much in his body from the dreadful fall but dismay, and anguish the most bitter, were portrayed in his looks. He was relieved from the broken cord, and supported on one of the coffins, when the Reverend Mr. Horton resumed the task of attempting to impart spiritual instruction to the unhappy man’s mind, by directing him to look to ” another and a better world.”

As it was impossible to fulfil the sentence on the culprit, until the other bodies were suspended the usual time, the Sheriff, accompanied by the Rev. Mr. Cowper, proceeded to Government-house, and acquainted the Governor with the heart-rending occurrence, for the purpose of ascertaining whether it were possible that clemency could be extended. HIS EXCELLENCY, however, who was aware of the painful consideration which the case of the unhappy criminal, Smith, had received by the Executive Council, and as he had committed no less than three highway robberies (one of which was attended with extreme violence, and that in one day, though he had only arrived in the Colony in August last-we say, HIS EXCELLENCY was reluctantly constrained to declare that he could not interfere with the operation of the law; and everyone must feel satisfied, if mercy could have been exercised with propriety, the life of this hapless wretch would have been spared. When the Sheriff returned to the press-yard, and announced to the unhappy man that the law must take its course, he seemed no way horror-stricken at the result of the application which he understood had been made in his behalf. Whilst the bodies of Johnson and Kilroy were lowered from the gallows Smith was removed; and, upon the bodies being placed within the coffins and the drop re-adjusted, Smith was assisted to the platform, when his earthly sufferings speedily terminated.

‘Ere this painful subject is dismissed, we cannot help remarking that this constitutes the second or third accident of the kind that has occurred within the last two or three years, and as it is a circumstance of that description wherein casualty should be always carefully prevented, we feel it our duty to condemn the practice of hazarding the possibility of increasing the sufferings of hapless criminals, who have justly forfeited their lives, by not, having recourse to those kind of instrument — that species of cord or rope — which would ensure the speedy destruction of life. Bale rope, we are informed, and indeed it has been proved in several instances, is not adapted to the executioner’s purpose; and we have no doubt, in future, that the sufferings of a poor wretch will not be prolonged, nor public feeling harrowed up, by a repetition of that which, we hope and trust, will never again occur in this Country.

—

“Execution.” The Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842) 26 March 1828: 2.

Posted on December 6, 2017February 24, 2021 by AJFPhelan56 0

Spotlight: REVOLTING and HORRIBLE SCENE at the EXECUTION OF HENRY MANNS.

The following is an account of the hanging of Henry Manns, sentenced to death for his role in the Eugowra Rocks robbery. What follows is taken directly from The Newcastle Chronicle and Hunter River District News of 1 April, 1863.

Be warned, it is not for the squeamish.

REVOLTING and HORRIBLE SCENE at the EXECUTION OF HENRY MANNS.

Another of those sad and terrible spectacles a criminal execution, took place at Darlinghurst gaol, last Thursday morning, the dreadful sentence of the law having been carried into effect on the body of Henry Manns, convicted, together with John Bow and Alexander Fordyce, of participation in the gold escort robbery on the 10th June last.

Since the period of his condemnation, the unhappy young man, who was only twenty-four years of age, had conducted himself in gaol with great propriety, and under the zealous and untiring efforts of the clergymen who attended him, devoted himself earnestly to preparation for the awful ordeal through which he was to pass; though, it would seem he was not without hope up to Wednesday evening, that his life would be spared. This belief was intensified no doubt from his learning what had been done in the case of Bow, and the strong efforts which were being made on his own behalf. The Executive, however, did not feel justified in acceding to the prayer of the memorialists, and hence, on Wednesday afternoon, intimation was forwarded to the Sheriff that the law must take its course.

There were but few persons present at the distressing scene, the spectators not exceeding thirty in number, and the execution was delayed for nearly twenty minutes beyond the usual hour, probably with the humane object of allowing any communication in the shape of a respite or reprieve to reach the gaol. No such document, however, arrived, and at about twenty minutes past nine the prisoner was pinioned and brought forth. He was attended by the Venerable Archdeacon McEnoro, the Venerable Archpriest Therry, and the Rev. Father Dwyer, the latter having precedence in the mournful procession. He walked firmly and erect, and though somewhat pallid, in expression, he displayed no agitation or want of fortitude — still less anything approaching to bravado or recklessness.

Arrived at the foot of the gallows, he remained, in prayer for five or six minutes with the reverend attendants, and then ascended the ladder in company with the Venerable Archdeacon and the Rev. Mr. Dwyer. ;

Truth (Sydney, NSW), 22 August 1897

On arriving at the drop, he spoke briefly to the persons assembled, stating that he had nothing further to say beyond what he had already told ; adding that he was thankful to his friends and the good people in Sydney who had exerted themselves to save his life, for which services he hoped God would bless them. The clergymen then parted with him, praying as they descended from the platform; while the executioner, proceeded to perform his terrible office. On this occasion, whether it arose from nervousness or excitement on the part of the executioner, the preliminaries were not speedily performed as they were in the case of the two men (Ross), a lapse of nearly two minutes occurring ere he had concluded his preparations.

When at length these were completed, and the bolt was drawn, there ensued one of the most appalling spectacles ever witnessed at an execution. The noose of the rope instead of passing tightly round the neck slipped completely away, the knot coming round in front of the face, while the whole weight of the criminal’s body was sustained by the thick muscles of the poll. The rope, in short, went round the middle of the head, and the work of the hangman, proved a most terrible bungle. The sufferings and struggles of the wretched being were heart rendering to behold. His body swayed about and writhed, evidently in the most intense agony. The arms repeatedly rose and fell, and finally, with one of his hands, the unfortunate man gripped the rope, as if to tear the pressure from his head — a loud guttural noise the meanwhile proceeding from his throat and lungs, while blood gushed from his. nostrils and stained the cap, with which his face was covered.

This awful scene lasted for more than ten minutes when stillness ensued, and it was hoped that death had terminated the culprit’s sufferings. Shocking to relate, however, the vital spark wasn’t yet extinguished, and to the horror of all present, the conclusive writhings were renewed — the tenacity to life being remarkable, and a repetition of the sickening scene was only at last terminated at the instance of Dr. West, by the aid of four confines, who were made to hold the dying malefactor up in their arms while the executioner re-adjusted, the rope, when the body was let fall with a jerk, and another minute sufficed to end the agonies of death.

The executioner expressed his sorrow to the gaoler and under-sheriff for what had happened, insuring them that it was from no fault or intention of his, but solely the result of accident. The body was lowered, into a shell shortly before ten o’olock, and it was with deep regret and indignation that some of the spectators saw the hangman attempt to remove a pair of new boots from the feet of the corpse. This revolting act was, however, instantly prevented, and the body, which was decently attired in a white shirt, moleskin trousers and blouse, was removed to the deadhouse, where it remained untouched till the arrival of a hearse procured by the relatives of the criminal, to whom the authorities had decided to hand it over for interment.

—

Source: “REVOLTING and HORRIBLE SCENE at the EXECUTION OF HENRY MANNS.” The Newcastle Chronicle and Hunter River District News (NSW : 1859 – 1866) 1 April 1863: 4.

Posted on November 22, 2017February 24, 2021 by AJFPhelan56 2

Spotlight: The Trial of the Kenniff Brothers -Tracker Johnson’s Evidence

One of the main controversies of the Kenniff story is that Paddy and Jim were convicted solely on the evidence given by Sam Johnson, the tracker that accompanied the victims, Doyle and Dahlke. What was it that was so compelling about Johnson’s account that no corroboration was required? Certainly there were other testimonies that stated that the Kenniffs had a motive for the crime and had even made threats, but only three people in that court room could testify as to what may have occurred in Lethbridge’s Pocket. The Kenniffs maintained that they weren’t even present and their subsequent disappearance was not to escape capture for the crime, but merely a part of the transient lifestyle they had adopted since Dahlke had rendered the family homeless by having their lease terminated.

The Sydney Morning Herald stated:

[Johnson] said that Constable Doyle and Mr. Dahlke had been known to him. He described the party leaving the police station on the Upper Warrego, and how they were equipped. Saddlery, spurs, &c. , were produced and identified. Witness described how on entering Lethbridge’s pocket he saw Pat, Jim, and Tom Kenniff, who rode to the top of the gully and pulled up. They had two packhorses. The Kenniffs left the packhorses, turned round, and raced away across the gully. Witness secured his packhorse by fixing the halter to a log, and galloped after Tom and Pat, who rode together. Tom and Pat went right up the gully. Jim raced up the creek, and Constable Doyle and Mr. Dhalke followed. Jim on looking back saw they had caught him. Witness pulled up and went back when he got up too close. He (witness) pulled Jim off the saddle. Mr. Dahlke was on his horse holding the reins of Jim Kenniff’s mount. Mr. Doyle had been trying to pull Jim Kenniff off. When he got up witness was on the off side, and caught him by the foot, shoving him off on the near side. Constable Doyle ordered witness back to get the packhorse. When witness rode away Constable Doyle was holding Jim Kenniff by the right arm. He (witness) rode for the packhorse. The horse George was then feeding and the packhorse was away 200 yards. Before he reached the packhorse he heard a shot fired. Four other shots followed quickly. He went up to the packhorse, looked back, to where he left Constable Doyle and Mr. Dhalke. He could not see them but could see the place. He tried to get the handcuffs out of the pack, but could not, so trotted forward, leading the horse. On going back he saw Pat and Jim Kenniff riding at him hard. He let the packhorse go and raced away towards the pumphole and gained the scrub. The shots he heard fired were louder than those of a police revolver. The pumphole to which he went was about 12 miles away. On getting there he found James Burke. Burke went back to the pocket with him. There he saw the packhorse and Boadicæ. Witness was frightened to stay in the scrub. Burke caught the horses.There were no packbags on Dandy Pat, who carried only a saddle. He saw blood on the flap of the saddle on Boadicea.

It all seems pretty clear cut and in keeping with the known facts, but when Johnson was cross-examined a different picture began to emerge, as reported in The Daily Telegraph:

The tracker, Sam Johnson, was cross-examined by Mr. McGrath, who quoted from the depositions taken at Rockhampton to show that the tracker’s statements varied with regard to what happened in Lethbridge’s Pocket after he went back for the pack-horse. The depositions went to show that the tracker had stated that he had caught the pack-horse before the last shot, whilst to-day he stated that he had just got up to the horse when he heard the last shot. Otherwise the evidence given to-day was practically the same as was given previously.

Not exactly a complete game changer, but it does raise a bit of a flag. Did Johnson simply make a mistake or did he deliberately change his story? It may seem a minor detail, but the location of the tracker when the last shot was fired could change the timeline and thus the reliability of the testimony. If the deposition is correct, Johnson was already heading back when the last shot was fired, yet his testimony in court suggests that it had either taken longer for him to get to the horses or he had delayed in leaving the others, or even returning to them, rather narrowing the window of opportunity for the Kenniffs to fight against the constable and the squatter. Moreover, it does seem strange that the only survivor of the search party to survive was the one that was conveniently absent when the shots were fired.

James Kenniff on trial for murder — Jim Kenniff

Of course there are always multiple sides to any story and Mr. McGrath, who represented the defence, tried valiantly to draw attention to the lack of identification of the remains. He also indicated that the possibility that Tom Kenniff may have done the deed could potentially prove the innocence of Paddy and Jim. He also raised the scorched rocks as evidence, as they were found over a mile away from the place where the Kenniffs were reported as being, thus there was no proof tying them to the site of the fires. It seems that McGrath knew the deck was stacked but would try anything that might dent the prosecution case.

The Inverell Argus reported:

Mr. McGrath continuing, said the jury would have evidence of the father and brother John to prove that Tom was in their company on Sunday at some distance from the spot, so that it would have been impossible for him to have been at Lethbridge’s Pocket without either the father or the brother knowing about it.

The article furthermore records Jim Kenniff’s account of the activities of he and his brother during that period:

[James Kenniff] deposed that he and Pat were at Carnarvon station on the night of the 28^th March. They had words with a man named Ryan, and then went off and camped near the station. Their brother Tom joined them at the camp, and remained about half an hour. He then went towards Skeleton Creek and [Jim] and Pat started off for Roma on Easter Sunday morning. They camped about thirty miles from Merivale paddock on that morning. Mulholland and Thornton went to the camp and remained a couple of hours. Pat and [Jim] mustered eight head of horses, which they drove o Armadalla, passing through Mitchell. The journey including stoppages, occupied them from 20 to 40 days. On the return journey they saw a notice on a tree, and that was the first they heard of the murder of Doyle and Dahlke.

If Jim’s testimony was true, none of the Kenniff boys were guilty as they weren’t even there at the time and therefore could not have committed a crime. With both Johnson and Jim Kenniff putting forward plausible depositions, the act of determining the truth became more complicated.

In the end, the jury found the men guilty of murdering Doyle and Dahlke and incinerating the bodies in a failed attempt to hide the evidence. Fearing reprisals from the Kenniffs’ sympathisers, Johnson relocated with his wife to Longreach. Questions still linger about how Johnson could have been engaged in a chase on horseback, given the Kenniffs were on thoroughbreds and the tracker had an old nag to ride. There is also some doubts about his ability to identify the sound of gunfire.

—

Sources:

“TRIAL OF THE KENNIFFS.” The Sydney Morning Herald (NSW : 1842 – 1954) 5 November 1902: 5.

“QUEENSLAND BUSHRANGERS” The Daily Telegraph (Sydney, NSW : 1883 – 1923) 5 November 1902: 7.

“Trial of the Kenniffs.” Queensland Times, Ipswich Herald and General Advertiser (Qld. : 1861 – 1908) 5 August 1902: 10.

“Trial of the Kenniffs.” The Inverell Argus (NSW : 1899 – 1904) 14 November 1902: 3.

Posted on November 14, 2017February 24, 2021 by AJFPhelan56 0

A Guide to Australian Bushranging

Discover the intriguing world of Australia's outlaws, rogues and highwaymen

A Guide to Australian Bushranging

Tag: journalism

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

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

Spotlight: Finding Byrne’s Body.

Spotlight: Portrait of Jack Bradshaw

Spotlight: Bushranging on the Lower Murrumbidgee

Spotlight: Dan Kelly and Steve Hart, Are They Alive or Dead?

Spotlight: Captain Thunderbolt bails up two boys in Singleton

Spotlight: The Botched Execution of Donohoe’s Mate

Spotlight: REVOLTING and HORRIBLE SCENE at the EXECUTION OF HENRY MANNS.

Spotlight: The Trial of the Kenniff Brothers -Tracker Johnson’s Evidence