Kellys called on to surrender

VPRS 4969 Consignment P0 Unit 1 Item 61 Record 1 Document: Government Gazette: Kellys called on to surrender

04/11/1878

Overview

The Felons Apprehension Act mentioned in this formal notice was hastily passed by Parliament on 31 October 1878 upon hearing the news of the Stringy Bark Creek murders five days earlier. The act introduced the concept of outlawry to Australia. Anyone who had a warrant issued against them under this act had the normal protection of law removed. They could be apprehended or shot by any person at any time, and any person offering assistance to them could be gaoled. This latter provision was used to round up numbers of people suspected of sympathising with the Kelly Gang. It is generally felt that the policy backfired, the heavy-handed tactics of the police creating resentment among the small-farming community in the north-east.

The following advertisement is a file copy accompanied by a memo which requests that Sub-Inpector Pewtress of the Mansfield station make himself available in the event that the outlaws did appear to surrender themselves. They did not, and the four members of the gang were declared outlaws on 15 November.

The unprecedented nature of this measure is something Kelly was to turn around in the Jerilderie letter. His final phrase in this letter “for I am a widow’s son outlawed and my orders must be obeyed” offers the outlawry as a bravura badge of status.

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	GOVERNMENT ADVERTISEMENTS.TO DANIEL KELLY, of Greta, in the colony of Victoria. Whereas, on the fourth day of November, one thousand eight hundred and seventy-eight, a Bench Warrant was issued in pursuance of the “Felons Apprehension Act 1878,” under my hand and seal in order to your answering and taking your trial for that on the twenty- sixth day of October, one thousand eight hundred and seventy-eight, at Stringy Bark Creek, near Mansfield, in the Northern Bailiwick of the said colony, you did, in company with one Edward Kelly and two other men whose names are unknown, feloniously and of malice aforethought kill and murder one Michael Scanlan. And whereas, in pursuance of the “Felons Apprehension Act, 1878,” I did on the fourth day of November, one thousand eight hundred and seventy-eight, order a summons to be inserted in the Government Gazette, requiring you, the said Daniel Kelly, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you the said Daniel Kelly stand accused. These are therefore to will and require you the said Daniel Kelly to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you so stand accused, and hereof you are not to fail at your peril. Given under my hand and seal at Melbourne, this fourth day of November, in the year of Our Lord one thousand eight hundred and seventy-eight. WILLIAM F. STAWELL, Chief Justice of the Supreme Court of the Colony of Victoria.TO EDWARD KELLY, of Greta, in the colony of Victoria. Whereas, on the fourth day of November, one thousand eight hundred and seventy-eight, a Bench Warrant was issued in pursuance of the “Felons Apprehension Act 1878,” under my hand and seal in order to your answering and taking your trial for that on the twenty-sixth day of October, one thousand eight hundred and seventy-eight, at Stringy Bark Creek, near Mansfield, in the Northern Bailiwick of the said colony, you did, in company with one Daniel Kelly and two other men whose names are unknown, feloniously and of malice aforethought kill and murder one Michael Scanlan. And whereas, in pursuance of the “Felons Apprehension Act, 1878,” I did on the fourth day of November, one thousand eight hundred and seventy – eight, order a summons to be inserted in the Government Gazette, requiring you, the said Edward Kelly, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy – eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you the said Edward Kelly stand accused. These are therefore to will and require you the said Edward Kelly to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy – eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you so stand accused, and hereof you are not to fail at your peril. Given under my hand and seal at Melbourne, this fourth day of November, in the year of Our Lord one thousand eight hundred and seventy-eight. WILLIAM F. STAWELL, Chief Justice of the Supreme Court of the Colony of Victoria. [End of page 1] TO a MAN whose name is unknown, but whose person is described as follows: - Nineteen or twenty years of age, five feet eight inches high, rather stout, complexion somewhat fair, now beard or whiskers, a few straggling hairs over face, rather hooked nose, sinister expression, supposed to be identical with William King, of Greta, in the said colony. Whereas, on the fourth day of November, one thousand eight hundred and seventy-eight, a bench warrant was issued in pursuance of the “Felons Apprehension Act 1878,” under my hand and seal in order to your answering and taking your trial for that on the twenty- sixth day of October, one thousand eight hundred and seventy-eight, at Stringy Bark Creek, near Mansfield, in the Northern Bailiwick of the said colony, you did, in company with one Edward Kelly and one Daniel Kelly and one other man whose name is unknown, feloniously and of malice aforethought kill and murder one Michael Scanlan. And whereas, in pursuance of the “Felons Apprehension Act, 1878,” I did, on the fourth day of November, one thousand eight hundred and seventy-eight, order a summons to be inserted in the Government Gazette, requiring you, the said man whose name is unknown, but whose person is described as aforesaid, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you, the said man whose name is unknown, but whose person is described aforesaid, stand accused. These are therefore to will and require you, the said man whose name is unknown, but whose person is described as aforesaid, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you so stand accused, and hereof you are not to fail at your peril. Given under my hand and seal at Melbourne, this fourth day of November, in the year of Our Lord one thousand eight hundred and seventy-eight. WILLIAM F. STAWELL, Chief Justice of the Supreme Court of the Colony of Victoria. TO a MAN whose name is unknown, but whose person is described as follows: - Twenty-one years of age, five feet nine inches high, very fair beard long on the chin, fair complexion, hair and moustache; supposed to be identical with Charles Brown, of King River, in the said colony. Whereas, on the fourth day of November, one thousand eight hundred and seventy-eight, a bench warrant was issued in pursuance of the “Felons Apprehension Act 1878,” under my hand and seal in order to your answering and taking your trial for that on the twenty- sixth day of October, one thousand eight hundred and seventy-eight, at Stringy Bark Creek, near Mansfield, in the Northern Bailiwick of the said colony, you did, in company with one Edward Kelly and one Daniel Kelly and one other man whose name is unknown, feloniously and of malice aforethought kill and murder one Michael Scanlan. And whereas, in pursuance of the “Felons Apprehension Act, 1878,” I did, on the fourth day of November, one thousand eight hundred and seventy-eight, order a summons to be inserted in the Government Gazette, requiring you, the said man whose name is unknown, but whose person is described as aforesaid, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you, the said man whose name is unknown, but whose person is described aforesaid, stand accused. These are therefore to will and require you, the said man whose name is unknown, but whose person is described as aforesaid, to surrender yourself on or before the twelfth day of November, one thousand eight hundred and seventy-eight, at Mansfield, in the said colony of Victoria, to abide your trial for the beforementioned crime of which you so stand accused, and hereof you are not to fail at your peril. Given under my hand and seal at Melbourne, this fourth day of November, in the year of Our Lord one thousand eight hundred and seventy-eight. WILLIAM F. STAWELL, Chief Justice of the Supreme Court of the Colony of Victoria. . [End of page 2]	VPRS 4969 Consignment P0 Unit 1 Item 61 Record 1 Document: Government Gazette: Kellys called on to surrender
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A4175/78 ? Mansfield	[Kelly Gang Called on to Surrender 14.11.78]Police Department, Superintendent’s Office, Benalla Nov 8-1878Memo - I have to direct that a member of the police force may be in attendance. Sub Inspector Pewtress himself if practicable from 9am to 4 pm o 12th inst. at the Court house at Mansfield to accept the surrender if offered, of any of the offenders named or described in the accompanying notices – there must be no intermissions of attendance during the interval – It will be desirable also to make arrangements for the attendance of a magistrate & any (?) when required during the day.(signature unreadable) Supt [End of page 3]	VPRS 4969 Consignment P0 Unit 1 Item 61 Record 1 Document: Government Gazette: Kellys called on to surrender

Z/4236/78 For the information of the Chief Comm Police in connection with my telegram of yesterday Nicolson 14/11/78	The Mansfield Police count was open from 9AM till 11 PM this day and I was in attendendance during the time and the men mentioned in the annexed notices did not surrender.[55/78] Sup Sadlier BenallaJ. Pewtress Sub Insp 12/11/78 [End of page 3 reverse]	VPRS 4969 Consignment P0 Unit 1 Item 61 Record 1 Document: Government Gazette: Kellys called on to surrender

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