Investigating five case studies in Australian history

Australian 

History Mysteries 

Investigating five case studies in Australian history

ISBN 0-9493804-0-7 

© 2002 National Museum of Australia and Ryebuck Media Pty Ltd 

Written by Robert Lewis 

and Tim Gurry, Merrillee Chignell, Laura Griffiths, David Arnold 

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Teachers are welcome to duplicate any pages in this publication for 

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Case Study five 

Was Ned Kelly a hero 

or a villain? 

On 11 November 1880 a 25- or 26-year-old man, Edward Kelly, was hanged in Melbourne 

for the murder of a policeman at Stringybark Creek, in north-eastern Victoria. 

The headstone on the victim’s grave spoke of his murder by armed criminals. 

At the same time there were people singing bush ballads that praised Kelly as a hero. 

Which was he — hero, or murderer? And why has he become such a significant part of 

Australian national identity that he was presented to the world as one of Australia’s national 

icons at the 2000 Sydney Olympics opening ceremony? 

These are some of the ideas explored in this case study. To do so, students need to be clear 

about the facts of Kelly’s life, and in particular the act for which he was hanged — the killing of 

Constable Lonigan (and other police) at Stringybark Creek in 1878. 

Students investigate how different people can interpret one set of facts very differently to come 

up with contrasting ‘Ned as hero’ and ‘Ned as villain’ interpretations. 

They then put Kelly on trial for the event that set his fate — the killing of the three police at 

Stringybark Creek in 1878. Was it cold-blooded murder? Was it an act of justifiable 

self-defence? Like the 1880 court, they focus on the death of Constable Lonigan, the only one 

of the three for which Kelly was tried. 

Students become witnesses, and have to present evidence and be challenged about it. 

At the end, students are better able to confront one of the icons of Australian history, and decide 

for themselves where they want to place that person in their own sense of their national identity.

Teachers’ Guide 

Classroom planner 

Classroom Resource Suggested Approximate 

activity pages required classroom format classroom time 

1 Page 104–105 Class 15 mins 

2 Page 106 & video Class 15 mins 

3 Page 107 Individual 15 mins 

4 Pages 108–111 Group 40 mins 

5 Pages 112–119 Groups/class 80 mins 

6 Page 120 Individual/group 120 mins 

There are more resources for this unit — reading guides, updates, 

extra resources and activities for the classroom, including an internet 

‘game’ — at . 

Classroom strategies 

Activity 1 raises issues of what a hero is. Students should discuss their images, and fill in the 

‘hero’ and ‘villain’ columns. Then ask them to complete a brainstorm about Ned Kelly. At the 

end students will be able to come back to this page and test their new knowledge, as well as 

think more deeply about how they will categorise Kelly. 

Activity 2 can be used to encourage students to survey parents about their knowledge of Ned 

Kelly — why has this person continued to be known in our history? Teachers must make sure 

that students are clear what the main ‘mystery’ being explored is: Based on the killing of 

Constable Thomas Lonigan at Stringybark Creek, was Ned Kelly a hero (the killing was 

justified) or a villain (the killing was murder)? 

In Activity 3, students start to gain information that will help their own interpretation of Ned 

Kelly as villain or hero. 

In Activity 4, students see how some writers have manipulated (and in some cases distorted) 

information to create effects. Working in groups, students have only one of the three accounts. 

They complete the summary table for that account. Students now form new groups so that 

there are ‘experts’ on each of the three accounts in each new group. All share their 

information, so that every person can complete the table for all three accounts. Discussion 

should bring out the way in which each of the writers manipulates information to create 

an effect. 

Activity 5 is the key one in this unit. Students put Ned Kelly on trial for the killing of Thomas 

Lonigan at Stringybark Creek in 1878. This is the crime that Kelly was tried for in 1880. 

102 Australian History Mysteries Investigating five case studies in Australian history

Each group is allocated two pieces of evidence from witnesses 1–6 (though all should have 

the evidence of witness 1, as this is Kelly’s own justification for what happened). Students 

should present one of their pieces of evidence as a statement that covers the four key issues 

as far as possible. Each group is also responsible for questioning a second witness. This can 

be organised thus: 

Group Presents Questions 

A 1 3 

B 2 6 

C 3 4 

D 4 5 

E 5 1 

F 6 2 

Other students can ask questions of the witness if something is still unclear, or if there is a 

point that has not been made. Stress to witnesses that they can only provide information that 

is consistent with the document they are working from — they cannot ‘make up’ evidence in 

the heat of the moment! 

Before they come to a conclusion, have students ‘test’ the consistency of the evidence given 

by McIntyre and Kelly. There are four versions of Kelly’s account of the shooting, and five 

versions of McIntyre’s account, included in this collection. Nominate four students to be Ned 

Kelly, and five to be McIntyre. Each has a particular version of the events — for Kelly, 

witnesses 1, 3, 4 and 5; for McIntyre, witnesses 2, 5, 6, 7 and 8. Each student must answer 

the same question, ‘Where was Lonigan when Kelly shot him?, reading out only what the 

source they are using says about it. Students should underline the relevant statements, and 

read them verbatim to the class. This will clearly show any consistency or inconsistency in the 

different versions. What does it mean when students discover that Kelly says the same thing 

in all four different accounts, while McIntyre’s version differs in each of the five times he 

recorded it? 

A key fact to note here is that in reality Kelly did not present his defence at all. There were only 

prosecution witnesses, and his lawyer did not try to bring out the ‘self-defence’ argument. 

Will students say that Kelly could be seen to be acting in self-defence? Certainly his story is 

consistent at all times, but the issue of whether he had the chance to avoid killing, but chose 

to create the situation in which killing could occur by confronting the police parties, can be 

raised. Can he really claim leniency for creating this situation? These are all issues that 

students will readily be able to discuss. 

Finally, Activity 6 asks students to bring together all their knowledge, and choose a 

combination of objects that shows their own opinion about Ned Kelly as hero and/or villain. 

Case study 5 Was Ned Kelly a hero or a villain? 

103

case study 5 

activity one 

What is a hero? What is a villain? 

1 As a class, make a list of real people (living or dead) who are your heroes. 

Briefly explain in each case why they are your heroes. 

2 Do the same with any ‘villains’ that you are aware of. 

3 Out of this class discussion develop a set of characteristics or qualities that 

a hero or a villain has. Use a table like this to help organise your criteria. 

At this stage, leave the ‘Ned Kelly’ column blank. 

Characteristics Hero Ned Kelly Villain 

Physical 

Character 

Actions, 

behaviour 

Qualities 

Attitudes 

to others 

Effect 

on others 



activity one 

What is a hero? What is a villain? 

Ned Kelly — hero or villain? 

4 One man whom many people 

think is a hero is Ned Kelly. 

What do you know about him? 

Discuss this, and list up to 10 

things you know about him. 

(Frearson’s Weekly, November 1878) 

(Australasian Sketcher, 3 July 1880) 


105


activity two 

Video visit 

Map of ‘Kelly country’ 

1 Use this map to mark key 

places associated with 

Ned Kelly. Identify any 

places that you recognise 

and that are associated 

with Kelly (such as where 

he was born, where he 

robbed a bank, etc.). 

2 What is the image of 

Ned Kelly that emerges 

from the video? 

3 Explain how this 

image seems to have 

been created in the 

video — through what is 

said, what is shown, the 

music used, and so on. 

(Jones, Ian, 1995. Ned Kelly. A Short Life, Lothian Books, Melbourne, p. xi) 

4 What is the mystery that 

you are being asked to 

investigate? 



activity three 

Ned Kelly biography 

efore you decide on whether a person is a hero or a villain, you need to know 

Bsome facts about their life. Here are some facts about the life of Ned Kelly. 

1854 Edward Kelly born at Beveridge in Victoria, the son of John 

or (‘Red’) and Ellen Kelly. His mother bore nine children. His 

1855 eldest sister had died at birth, the next oldest in 1872, leaving 

him as the oldest child. 

1865 Saved a boy from drowning. 

1866 Red Kelly died, leaving Ned the oldest male in the family. 

1869 Became an ‘apprentice’ or helper to bushranger 

Harry Power. 

Charged with assault and robbery. Dismissed. 

1870 Charged with robbery under arms (helping Harry Power). 

Dismissed. 

Charged with assault, and obscene language — sending an 

indecent letter to a woman (Kelly denied this). Three months’ 

gaol. 

1871 Charged with illegally using a horse. Discharged. 

Charged with receiving a stolen horse (Kelly said he did not 

know it was stolen). Three years’ imprisonment. A policeman 

tried to shoot him during the arrest. Kelly overpowered the 

policeman and humiliated him by pretending to ride him like a 

horse. The policeman later struck Kelly four or five times around 

the head with his revolver after he had been arrested. 

1874 Released from jail, and worked in various rural 

labouring jobs. 

1877 Involved in an extensive cattle-stealing and horse-stealing 

business with his new father-in-law. 

Charged with drunkenness and assaulting police. Fined. 

1878 Arrest warrant issued on Kelly for shooting Constable 

Fitzpatrick during a visit to the Kelly farm. Fitzpatrick claimed 

he went there to arrest Dan Kelly, and Ned attacked him and 

shot him in the hand. Others there claimed Fitzpatrick was 

drunk, had tried to molest Ned’s sister, Kate, and was hit with 

a shovel by Ellen Kelly. Ned Kelly usually denied being 

involved in this event (though sometimes his version of events 

changed and he agreed that he was there). Ned’s mother was 

sentenced to three years’ gaol for the assault, and two others 

to six years. Ned and Dan fled to the bush. 

With brother Dan, Joe Byrne and Steve Hart, Kelly killed three 

police at Stringybark Creek. 

Armed robbery of Euroa National Bank. 

1879 Armed robbery of Jerilderie Bank. 

1880 Shoot-out at Glenrowan after an attempt to derail a police 

train. A school teacher, Thomas Curnow, freed by the Kellys 

so he could attend to his sick sister, warned the train just 

before it reached the wrecked section of rails. Kelly was 

wounded, and disappeared for several hours. He returned to 

shoot it out with the police. Once the hostages were out of the 

building (though some had been killed or wounded in the 

cross-fire during the siege), police burnt down the building. 

Joe Byrne had been killed early in the siege, and Dan Kelly 

and Steve Hart probably committed suicide. Kelly was 

captured. 

Ned Kelly tried before Justice Redmond Barry for the murder 

of Constable Lonigan at Stringybark Creek in 1878, found 

guilty, and hanged on 11 November. 

(Based on information in McMenomy, Keith, 2001. Ned Kelly. 

The Authentic Illustrated History, Hardie Grant Publishing, Melbourne.) 

1 Which of these incidents might you stress if 

you were trying to make Kelly out to be a 

villain? Colour them in a particular colour, or 

create a symbol to go with each. 

2 Which would you stress if you were trying to 

make him out to be a hero? Colour them in a 

different colour, or create a different symbol 

to go with each. 

(McMenomy, Keith, 2001. Ned Kelly. The Authentic Illustrated 

History, Hardie Grant Publishing, Melbourne, p. 81) 


107


activity four 

Different representations of Ned Kelly 

There are three short biographical descriptions, or representations, of Kelly on the following 

pages. (A representation is simply the way someone chooses to depict a person or an event.) 

They all draw on similar information to that you have just looked at. 

Complete a summary based on one account in a table like the one below. Work with other students 

to add the information from the other two accounts. Then answer the questions that follow. 

Aspect Account 1 Account 2 Account 3 

Appearance 

Family 

Criminal acts 

Character 

or qualities 

Motivation 

for behaviour 

Discuss these questions: 

1 What details are given in all three accounts? 

2 There are differences of fact in some of the accounts. How would 

you decide which version is accurate where there are differences? 

3 What key elements are selected and what are omitted? 

4 Why do writers make these choices and leave gaps? 

5 What is emphasised in each? 

6 What meanings or interpretations are offered? 

7 Compare the tone of each of the three accounts. Which is neutral, 

which is pro-Kelly, and which is more critical of him? 

8 Which do you think is the best account? Why? 

9 Writers have basically the same information to work with when 

they write about Ned Kelly. Why do you think people can produce 

such different versions? 



activity four 

Representation 1 

In the Wombat Ranges they were joined by two other men 

… Joe Byrne (aged 21) and Steve Hart (aged 19). Ned 

Kelly was 24 and Dan was 17. 

In October 1878 four policemen were sent to hunt for the Kelly 

Gang. They met at Stringybark Creek and Ned shot three of 

them dead. 

In December 1878 the Kellys held up the bank at Euroa and 

escaped with £2000. 

In February 1879 the Kellys rode into Jerilderie, locked up two 

policemen, dressed in their uniforms and robbed the bank. 

In June 1880 Joe Byrne shot 

Aaron Sherritt who had once 

been his friend but had since 

become a police spy. 

Next day, on June 27, the gang 

took over the town of 

Glenrowan. 

They held sixty people in the 

hotel and ripped up the railway 

line so that the police train 

would be derailed. For hours 

they ate, drank and sang, then 

they made a mistake. 

They let a school teacher, 

Thomas Curnow, leave the hotel 

to take his sick wife and sister 

home. Curnow waved down the 

train and told the police what 

had happened. 

The last battle began. 

The police surrounded the hotel. 

Wearing armour made from 

plough metal, Ned was hit in the 

legs and finally collapsed. Police 

set fire to the hotel. Joe Byrne 

was shot and the bodies of 

Steve Hart and Dan Kelly were 

badly burned. 

Ned Kelly was taken to 

Melbourne and tried for murder 

in October 1880. He was 

sentenced to death and hanged 

on 11 November 1880. 

(‘The Life and Death of Ned Kelly’, in Coupe, 

Sheena, Coupe, Robert and Andrews, Mary, 

1994. Their Ghosts May Be Heard, Pearson 

Education Australia, Melbourne, pp. 239–241) 


109


activity four 


Kelly, Edward (‘Ned’) (1855–80). 

Bushranger whose career and 

execution continues to excite 

controversy. 

Kelly was born to Irish rural poor: 

his father was an ex-convict from 

Tas. and his mother’s family were 

subject to constant police 

attention. 

In 1871–74, after several minor 

offences, Kelly was imprisoned 

for horse-stealing. In mid-1878 

he and his brother Dan fled to 

the bush after a policeman falsely 

accused them of shooting and 

wounding him. Two other young 

men, Joe Byrne and Steve Hart, 

joined them. 

In Oct. they shot dead three 

troopers sent to apprehend them. 

On 9 Dec. they raided a bank at 

Euroa (Vic.) and in Feb. 1879 

captured the town of Jerilderie 

(N.S.W.). For the next sixteen 

months they hid in the Strathbogie 

Ranges in northern Vic. 

In June 1880 they provoked a 

confrontation with police when 

Joe Byrne shot dead Aaron 

Sherritt, a known informer, on his 

selection near Beechworth. The 

gang assembled at Glenrowan, 

confined most of the 

townspeople in a hotel, then 

removed railway lines, intending 

to derail a police train and 

ambush the occupants. However, 

the police were forewarned by a 

hostage who had been permitted 

to leave the hotel. 

At first the gang engaged the 

police from the front of the hotel, 

believing that their makeshift 

armour would protect them. Kelly 

was wounded three times and 

crawled into nearby scrub where 

he lost consciousness; the others 

retreated to the hotel where 

Byrne was fatally wounded as he 

stood drinking. Kelly re-entered 

the battle and was shot down 

and captured. Inside the hotel a 

man and a boy were killed by 

police bullets and, after the 

surviving hostages were 

permitted to leave, it was set 

alight. Later the charred bodies 

of Hart and Dan Kelly, who had 

apparently poisoned themselves, 

were found inside. 

In Oct. Ned Kelly was found guilty 

of murder before Sir Redmond 

Barry and executed on 

11 Nov., despite a petition for 

mercy signed by 60 000 people. 

While officialdom continues to 

consider him a common criminal, 

he has been regarded by many 

people as a symbol of the post 

gold-rush rural poor. 

(Larkins, J. (ed.), 1980. Dictionary of Australian 

History, Rigby, Adelaide, pp. 130–1) 



activity four 


Kelly, Edward ‘Ned’ (1855–80), 

bushranger, has lived two lives. 

One Ned Kelly was hanged in 

Melbourne on 11 November 

1880, aged 25. The other lives, 

and began supplanting the first 

even before he died. Two 

photographs show these Kellys. 

One, taken in 1874 from slightly 

above, is of Ned unshaven, with 

thin mouth, narrow eyes, and the 

pinch of poverty. It shows a man 

at the mercy of his enemies. The 

other, taken the day before he 

died from slightly below, is of 

Ned bearded, strong, and 

resolute. It shows a young 

statesman. 

The man hanged was probably 

born in January 1855, eldest son 

of John and Ellen Kelly, née 

Quinn, at Beveridge, Victoria. In 

1866 his father died and the 

family moved to a hut near Greta 

in north-eastern Victoria. Ned ran 

with the Greta larrikins, and was 

first arrested aged 14, for 

assaulting a Chinese. He spent 

more time in prison than as a 

bushranger: eight months in 

1870; three years in 1871–74; 

four months in 1880. 

In April 1878 a policeman 

attempting to arrest Ned’s 

brother Dan (1861-80) was 

wounded at the Kelly home; 

Ellen was gaoled for three years 

and two Kelly associates for six. 

With warrants against them, Ned 

and Dan holed up in the Wombat 

Ranges with Joe Byrne and 

Steve Hart. At Stringybark Creek 

on 26 October this gang 

ambushed and killed three of 

four police hunting them. That 

December they took to 

bushranging, robbing a 

homestead and a Euroa bank, 

and in February 1879 bailing up 

Jerilderie, NSW. On 26 June 

(Kelly and Horse, Sidney Nolan (1946) Nolan Gallery, Lanyon, Canberra) 

1880 they murdered a police 

informer, Aaron Sherritt, which 

led them to a police shoot-out at 

Glenrowan two days later. The 

others died: Ned escaped but, 

clad in his ploughshare armour, 

returned and was captured for 

execution. 

Bushranger is an Australian 

word. It evokes bushcraft, daring, 

defiance, and freedom from 

convention, rather than crime or 

evil … Ned fits the model only in 

part. His offences were few. He 

was only a fair bushman and 

horseman: he knew the ranges 

better than the police, that was 

all, and when that advantage 

was threatened by Queensland 

trackers he was led to folly at 

Glenrowan … 

Ned’s legend came to life 

because he offered more than 

bushranging. His love of ‘Kelly 

country’ … let him be Australian; 

his courage and strength spoke 

for the frontier. Aged 16 he 

straddled and spurred a 

policeman in Greta’s main street; 

aged 19 he beat Wild Wright 

bare-knuckle over 20 rounds. 

After Stringybark Creek his 

actions took on a sense of 

destiny, revealing allegiance to 

two traditions about injustice: the 

defiance of the Lachlan men, 

and the wrongs of Ireland. In 

bailing up Jerilderie and 

Glenrowan he imitated 

[bushranger Ben] Hall; in his 

daring and fatalism he chose 

both a short and merry life, and 

martyrdom. His Jerilderie Letter 

evokes resistance more than 

crime: it protests at injustice and 

hints at a republic in north-east 

Victoria … 

(Extracts from entry on Ned Kelly by Bill 

Gammage in Graeme Davison, John Hirst and 

Stuart Macintyre (eds), 2001. Oxford 

Dictionary of Australian History, Oxford 

University Press, Melbourne, Revised edition, 

pp. 365–6) 


111


activity five 

Putting Ned Kelly on trial 

t is time to try to settle the question about Ned Kelly as hero or villain by looking at 

one of the most important moments in Ned Kelly’s life, the event that was the cause 

Iof his being hanged in 1880 — the events at Stringybark Creek in 1878. 

Sergeant 

Kennedy 

Constable 

Scanlon 

Constable 

Lonigan 

Constable 

McIntyre 

The event 

The charge 

The law 

Prosecution task 

Defence task 

Ned Kelly, Dan Kelly, Steve Hart and Joe Byrne were camped near 

Stringybark Creek. Ned claimed that they believed that there were 

several police patrols searching for them, to arrest Ned for the 

shooting of Constable Fitzpatrick. They believed that the group at 

Stringybark Creek was one of these patrols. The police were heavily 

armed, and disguised as gold prospectors. 

The Kellys took the police by surprise, and killed three of them. One 

policeman, Constable McIntyre, escaped. After this incident the gang 

was hunted continuously for the next two years. They robbed banks at 

Euroa and Jerilderie, and killed Aaron Sheritt, a suspected police 

informer and once best friend of Joe Byrne. At Glenrowan they were 

planning an extraordinary event, because they had manufactured four 

sets of armour to protect them. They tried to wreck a police train, but 

eventually freed their hostages, and were all killed except Ned, who 

was seriously wounded, captured, and put on trial. 

This is the point in Kelly’s life that we are now up to — you are 

about to put Kelly on trial. 

The charge is that Kelly murdered Constable Thomas Lonigan at 

Stringybark Creek. Kelly could have been charged with any and all of 

the three deaths, but was prosecuted only for one. Lonigan’s death 

was chosen because McIntyre saw most of what happened, and could 

give direct, eye-witness evidence. He did not see Kennedy’s death as 

clearly, and did not see Scanlan’s death at all. 

The law at the time was that a killing could be murder, or a lesser 

crime of manslaughter. Murder was killing someone with intention, 

without good cause. The killing might not be murder if it was done 

accidentally, or justifiably — such as in self-defence, when that was 

what a person needed to do, or really believed they needed to do, to 

protect themselves. In this case it might be manslaughter, or no crime 

at all. 

The prosecution tries to prove that it was murder; the defence does not 

have to prove anything, only raise doubt that the events happened in 

the way the prosecution says. In effect, though, the defence usually 

tries to prove that it was less than deliberate killing. You will have to 

make your own decision based on the evidence. 

Ned Kelly 

Joe Byrne 

Dan Kelly 

Steve Hart 





Witnesses 

Presenting 

evidence 

There are three main kinds of witnesses: 

• two eye-witnesses to the events (Kelly and McIntyre) 

• several people who heard Kelly talk about the events 

• the medical report by the doctor who examined Lonigan’s body. 

Each group will be responsible for ‘becoming’ one of the witnesses, and giving that witness’ 

account to the class. You will also be ‘cross-examined’ (questioned) about your evidence. 

When you give your evidence you need to clearly cover as many of these five aspects as 

you can from the evidence you have: 

• Who are you and how do you know what you know (as an eye-witness or having heard 

Kelly speak about the events)? 

• Who killed Lonigan? 

• Was it deliberate or accidental? 

• Was there any motivation for the killing? 

• Was there any justification for it? 

(McQuilton, John, 1979. The Kelly Outbreak, Melbourne University Press, Melbourne, between pages 66 and 67) 

Use this table to keep a record of the evidence of the witnesses. 

Witness Who did Circumstances Attitude of Kelly Any 

the shooting? of the shooting? at the time? justification 

1 

2 

3 

4 

5 

6 

Once you have heard and discussed all the evidence, make your decision: 

was Ned Kelly guilty or not guilty of murder according to the law at the time. 


113




Reconstruction of the shooting of Constable Lonigan at Stringybark Creek 

(On this sketch identify: 

• the Kelly gang 

• Constable McIntyre 

• Constable Lonigan) 

(Jones, Ian, 1995. Ned Kelly. A Short Life, Lothian Books, 

Melbourne, between pages 148 and 149) 





Witness 1 

Ned Kelly, in the Jerilderie Letter, 1879 

“ 

I heard I was outlawed and a hundred pound reward for me for shooting a trooper in Victoria … 

heard how the police used to be blowing that they would not ask me to stand they would shoot me first and 

then cry surrender and how they used to rush into the house upset all the milk dishes break tins of eggs 

empty the flour out of bags onto the ground and even the meat out of the cask and destroy all the 

provisions and shove the girls in front of them into the rooms like dogs so as if anyone was there they 

would shoot the girls first but they knew well I was not there or I would have scattered their blood and 

brains like rain I would manure the Eleven Mile with their bloated carcasses and yet remember there is not 

one drop of murderous blood in my veins … 

this sort of cruelty and disgraceful and cowardly conduct to my brothers and sisters who had no protection 

coupled with the conviction of my mother … certainly made my blood boil and I don’t think there is a 

man born could have the patience to suffer it as long as I did or ever allow his blood to get cold while such 

insults as these were unavenged… 

[at Stringybark Creek] me and my brother went and found their camp … We saw they carried long 

firearms and we knew our doom was sealed if we could not beat those before the others would come as I 

knew the other party of Police would soon join them and if they came on us at our camp they would shoot 

us down like dogs at our work as we only had two guns we thought it best to try and bail those up, take 

their firearms and ammunition and horses and we could stand a chance with the rest… 

McIntyre laid his gun against a stump and Lonigan sat on the log I advanced … but when I called on 

them to throw up their hands McIntyre obeyed and Lonigan ran some six or seven yards to a battery of 

logs instead of dropping behind the one he was sitting on, he had just got to the logs and put his head up to 

take aim when I shot him that instant or he would of shot me … 

Lonigan [was] the man who in company with Sergeant Whelan Fitzpatrick and King the Bootmaker and 

Constable O’Day that tried to put a pair of handcuffs on me in Benalla but could not … who caught me 

by the privates and would have sent me to Kingdom come … and he is the man that blowed before he left 

Violet Town if Ned Kelly was to be shot he was the man who would shoot him and no doubt he would 

shoot me even if I threw up my arms and laid down as he knew four of them could not arrest me single 

handed … As soon as I shot Lonigan he jumped up and staggered some distance from the logs with his 

hands raised and then fell he surrendered but too late … 

I asked McIntyre … I expect your gang came to do the same with me he said no they did not come to 

shoot me they came to apprehend me I asked him what they carried spencer rifles and breech loading 

fowling pieces and so much ammunition for as the Police was only supposed to carry one revolver and 6 

cartridges in the revolver, but they had eighteen rounds of revolver cartridges and three dozen for each of 

the fowling piece and twenty one spencer rifle cartridges and God knows how many they had away with 

the rifle this looked as if they meant not only to shoot me but to riddle me … this cannot be called wilful 

murder for I was compelled to shoot them, or lie down and let them shoot me … certainly their wives and 

children are to be pitied but they must remember those men came into the bush with the intention of 

scattering pieces of me and my brother all over the bush. 

“ 

To read the whole of the Jerilderie Letter go to 

 

What do you learn about Kelly, the man, from that letter? Consider such things as language, 

behaviour, emotions, humour, attitudes, background or family events, etc. 


115




Witness 2 

Police Constable Thomas McIntyre, 

evidence given in October 1880 

“[McIntyre and Lonigan were camped, while Scanlon and Kennedy were out searching for 

signs of the Kellys] I had the tea made & Lonigan was standing on the opposite side of the fire. I 

was standing close to the fire at the time. I suddenly heard some voices crying out — Bail up! Hold 

up your hands! 

I quickly turned round and saw four men each armed with a gun, having a gun at his shoulder 

pointing to Lonigan and myself, I noticed the man on the right of the party particularly. I saw that 

his weapon was fair line with my chest. 

I immediately put out my arms horizontally I was unarmed — so soon as I did, I saw the same 

man, the one on the right of the party, move his gun a little to his own right, and fire at Lonigan 

who had started to run. When I first saw the men, Lonigan was standing at the opposite side of the 

fire to me and about 10 or 12 feet from me, Lonigan had started to run. . . towards a tree . . . 

The effect of the shot in Lonigan was that he immediately fell — He ran only about four or five 

yards before he fell, I heard him fall I did not see him fall . . . The man at the right of the four men 

was the prisoner Edward Kelly . . . 

About this time I heard Lonigan cease to struggle and breath — He had been struggling and 

plunging along the ground . . . From the time he was shot till he ceased to struggle about half a 

minute elapsed all he said was Oh Christ I am shot! 

He [Kelly] next jumped across the log and went in the direction where Lonigan was lying . . . 

Prisoner remained away a moment, & came back with Lonigans revolver in his hand. I was under 

cover of the other three all this time. prisoner said when he came back Dear oh! Dear! What a pity 

that man tried to get away, one of the others said. He was a plucky fellow — Did you see how he 

caught at his revolver — and the man who spoke was the prisoner’s brother (Dan Kelly) moved his 

right hand spasmodically to his right side and said — I like that! . . . 

Prisoner said “who is that over there?” and nodded in the direction of Lonigans body. I said “that is 

Lonigan” He said “no that is not Lonigan. I know Lonigan well” I said 

“Oh yes it is Lonigan” he said “well I am glad of that — for the 

Bugger gave me a hiding in Benalla one day” 

Prisoners Brother remarked that “he would lock no more poor 

buggers up” — and smiled at the time he said it. 

 

“ 

(J. Sadlier, Recollections 

of a Victorian Police Officer) 





Witness 3 

James Gloster, hawker of 

drapery goods, who was held 

prisoner for several hours during 

the robbery of a bank at Euroa 

Witness 4 

George Stephans, groom, who 

was held prisoner for several 

hours during the robbery of a 

bank at Eurora 

“[Kelly] said ‘The people & papers call me 

a murderer but I never murdered any one in my 

life’ I said ‘How about Sergeant Kennedy’ He 

said ‘I killed him in Fair fight’ ‘Fair stand up 

fight’ He argued then that a man killing his 

enemy was not murder — He said ‘the police are 

my natural enemies’ 

In another conversation addressed to some one 

else which I overheard the accused described the 

death of Lonigan. He said McIntyre surrendered 

but Lonigan ran to a log and was attempting to 

fire when he (the accused) fired & hit Lonigan in 

the head killing him — He said it was a pity that 

Lonigan did not surrender that he did not wish to 

kill Lonigan but only to take their arms. 

“ 

“ 

I was standing talking to the prisoner … 

I said ‘How about the police murders?’ 

He said we were behind a log — I told Dan to 

cover Lonigan — & I would cover the other man, 

I then called out, Throw up your hands, He said 

‘McIntyre did so and Lonigan made off for the 

logs trying to draw his revolver as he did so.’ He 

said he (Lonigan) got down behind the logs and 

rested his revolver on the top of the log, He said I 

then took my rifle off McIntyre and fired at 

Lonigan — He said that the ball grazed him 

along the temple & he (Lonigan) disappeared 

behind the log. He gradually then rose his hands 

up above the logs — and when his hand appeared 

I fired again and shot him through the head 

“ 

 

(Illustrated Sydney News, November 1880) 


117




Witness 5 

John Kelly, poice officer, 

who had played a part in 

the hunt for the Kelly gang 

“ 

I met Constable 

McIntyre we went into the 

Lock up where Kelly was 

… McIntyre said ‘Why did 

you come near us when you 

knew where we were’ 

He said ‘You would have 

soon found me out & ye 

would have shot me’ he 

continued ‘our horses were 

very poor we had bad arms 

we had no money & we 

wanted to make a rise’ 

McIntyre said ‘You had the 

rifle presented to my chest 

and you immediately 

turned around and fired at 

Lonigan when I had my 

hands up’ 

Prisoner said ‘no Lonigan 

was behind a log and was 

pointing his revolver at me 

when I shot him’ 

McIntyre said ‘that's all 

nonsense He had not his 

revolver pointed at you’ 

“ 

The site of the Stringybark Creek killings 

(Victoria Police Historical Unit) 

Dr Samuel Reynolds, who examined Lonigan’s 

Witness 6 body after the shooting at Stringybark Creek 

“ 

I am a legally qualified medical practitioner and surgeon 

residing at Mansfield … I had first seen the body of Lonigan at 

String Bark creek early on the Monday morning of the 28th Oct 

— the day before I made the postmortem examination — I first 

saw the body lying in its position on the back … I noticed a wound 

in the face on Lonigans body — I made the postmortem 

examination on the body of Lonigan on the following day at 

Mansfield — On examining the body I found four wounds — one 

through the left arm and one on the left thigh, and one on the right 

temple, and one to the inner side of the right eye-ball, from the 

appearance of these wounds I looked upon them as bullet wounds 

— The wound on the left arm was simply a hole through the arm 

The one on the thigh — the bullet had travelled under the skin & 

round the thigh — nearly to the inner side of the thigh The wound 

on the right temple I might describe as a graze — The one on the 

inner side of the right eyeball, I traced through the bones into the 

brain & followed the wound into the brain, and was satisfied as to 

the cause of death a few seconds would elapse before death from 

such a wound. 

“ 

 





Additional evidence 

Other statements made by McIntyre 

Statement made by McIntyre 

Witness 7 the day after the shootings 

“ 

About 5 p.m. I being Cook for the day 

was in the act of making some tea, Const. 

Lonigan standing beside me, Suddenly and 

without us being aware of their approach four 

men with rifles presented at us called upon us 

to 'bail up hold up your hands.' I being 

disarmed at the time did so. Constable 

Lonigan made a motion to draw his revolver 

which he was carrying. immediately he did so 

he was shot by Edward Kelly and I believe 

died immediately. 

“ 

Statement made by McIntyre 

soon after escaping from 

Witness 8 Stringybark creek 

“ 

About five o’clock on the afternoon of 

Saturday, while I was at the fire cooking our 

food for the evening meal, suddenly Lonigan 

and I heard the call to throw up our hands, 

and saw four armed men, partly concealed by 

the timber, covering us with their guns . . . I 

threw up my hands. Lonigan was sitting on a 

log, and on hearing the call to throw up his 

hands, he put his hands to his revolver, at the 

same time slipping down for cover behind the 

log on which he had been sitting. Lonigan had 

his head above the level of the log and was 

about to use his revolver when he was shot 

through the head. 

“ 

 

(Illustrated Sydney News, November 1880) 


119


activity six 

Reflection 

1 Go back to the third column in Activity 1 

(page 104), and fill in any information you 

now have about Ned Kelly. Do you now 

consider Ned Kelly to be a hero or a 

villain? Explain why. 

2 There have been many bushrangers in 

Australian history, but few are still 

remembered today. Why do you think Kelly 

is seen as such an important part (or an 

‘icon’) of Australian history and identity? 

Why do you think he has been and 

continues to be remembered? Discuss the 

possible reasons. 

Ned Kelly — villain or hero exhibition 

3 Create a museum display, poster or 

PowerPoint presentation about the life of 

Ned Kelly. Drawing from your knowledge of 

him, and imagining that you could include 

anything you like, list: 

• some evidence that might show him as 

a ‘hero’ (for example, you might show his 

armour, and say that it shows him as a 

hero ready to face extreme odds) 

• some evidence that might show him as 

a ‘villain’ (for example, you might include 

a length of railway line, and say that this 

showed he was ready to slaughter the 

police who were coming to arrest him). 

Choose at least six of these objects and 

pieces of evidence that will show what you 

have now come to believe about Ned Kelly. 

Describe or show the items, and write an 

explanatory caption for each. 

Further research 

4 You have touched on many aspects of the 

Kelly story in this case study, but there are 

many aspects of it that need far more 

detail. Working in groups, research these 

aspects of his life. Then create a class 

Kelly biography for presentation to the 

library. Aspects to cover might include: 

• early life 

• working with Harry Power 

• his family 

• ‘going straight’ 

• the Fitzpatrick incident 

• the killings at Stringybark Creek 

• the Euroa bank robbery 

• the Jerilderie bank robbery 

• the killing of Aaron Sherritt 

• siege at Glenrowan 

• trial and execution 

• the Kelly image. 

Alternatively, research some of the ballads 

that have been written about the Kellys. 

Create your own ballad about the gang. 

(Robert Lewis) (Robert Lewis) (Australasian Sketcher, 20 November 1880) 


Australian 

History Mysteries 

Investigating five case studies in Australian history 

Ryebuck Media Pty Ltd 

National Museum of Australia

Investigating five case studies in Australian history

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