A central part of
the Kelly story is that Ned was unfairly
hounded, harassed and persecuted by the Police, something which he eventually reacted
against, becoming what is often termed a ‘Police-made criminal’. On this Blog a
year ago I reviewed the criminal record of Ned Kelly in detail, looking for the
evidence of this persecution. I listed and looked at all the incidents that he
was involved in that resulted in criminal charges being brought against him, to
see if they had the appearance of being
trumped up charges and harassment by the Police , but they didn’t. What I found
was evidence for the Police and the Judiciary acting more or less
appropriately, even leniently on occasion, giving him the benefit of the doubt
on several occasions and discharging him without a conviction, allowing remission
of sentences, and even making offers to try to assist him in the earliest
episodes. There were also moments where Police behaved deplorably, for example
brutally bashing him and even trying to shoot him, events that were inexcusable
even in those harsh times, but these events occurred well along the path of
Neds anti-social lifestyle and were not entirely without provocation, which of
course is the Kelly claim.
The only
‘evidence’ – if you could call it ‘evidence’ – that Ned Kelly was persecuted
and hounded by the Police are his own claims in the Jerilderie letter – but
isn’t that what ALL criminals claim, that the reason they’re in trouble is
because the Police were picking on them? The
truth seems to be that the idea that Ned Kelly became what he did
because of Police persecution, this most central plank of Kelly mythology, is
actually yet another of Ned Kellys lies – that’s what the ‘real’ evidence
shows. Nobody challenged this assertion when I made it a year ago.
Now I am going to
make a series of Posts in which the rest of the Kelly clan and their associates
have THEIR criminal records examined. Again what I want to explore is the Kelly
story claim that the criminality of the Kellys and their extended family and
associates was the RESULT rather than the CAUSE of Police interest in them. The
Kelly story teaches that when it came to the Kellys, instead of doing their legitmate tasks of maintaining Law and Order and trying to solve
crime and maintain the peace, Police went out of their way to victimize
them.
I will begin with
Neds brothers, James – known as Jim . In
1871 when aged 12 Jim and his younger
brother Dan were arrested by Constable Flood and charged with ‘illegally using
a horse’ owned by Mr Mark Krafft, a local Hawker.
This is how J.J.
Kenneally tells the story :
“In his anxiety to
carry out Supt Nicolsons instructions to
root the Kellys out of the district Constable Flood in 1871 arrested Jim Kelly
and his little brother Dan. Jim was about 13 years old and Dan was only ten.
Jim was employed by a local farmer with whose consent he rode one of the farmers horses for the
purpose of going home to see his mother.
He met Dan on the way and took him on the horse behind the saddle.
Before going much further they were intercepted by Constable Earnest Flood who
arrested the two children on the charge of illegally using a horse.”
It was Saturday 9th
September 1881. Flood took the boys to Wangaratta, and they remained in custody
till the Monday morning when they appeared in Court and were discharged.
Kenneally goes on
to paint a portrait of Flood as a serial persecutor of the Kellys, this case
being an early example. He then quotes Floods answer at the Royal Commission in 1881 saying that
“They ( the Kelly brothers) were
discharged on account of their youth and their intimacy with the owner of the
horses, one of the brothers having been a servant of the person who owned the
horses’
Max Brown mentions
this episode in passing, accepting Kenneallys
portrayal of it as unwarranted harassment: “Constable Flood set out to pot the women and
children starting with the 12 year old Jim who was working for hawker, and his brother Dan still going to
school in Greta. The boys were caught ‘illegally using’ the hawkers horse and
locked up for two days’
Unusually, this
incident isn’t mentioned in Ian Jones “A Short Life” but it gets a brief mention in Fitzsimons work, in an anti-police context, and also in McMenomys, where he characterizes the episode as a ‘joke’ and Flood
as ‘embarrassed’ when the boys are discharged.
Now read the Court Report from the Ovens and Murray Advertiser of September 14th 1871,
the following Thursday :
Illegally Using. — James
and Daniel Kelly two boys, the one 12 years and the other 10 years, brothers of
Young Kelly, were charged with illegally using a horse.—
Mark Kraft, a hawker, and
travelling with a wagon and three horses, stated; on the 8th. of this month I
camped at about 6. o'clock" at night at the Eleven Mile Creek, between Benalla
and Greta. On the morning of the 9th (Saturday morning) I had the
whole of the three horses. I put the horses in Mrs Kelly's paddock on the
evening of the 8th— a fenced paddock ; it is small, about 300 yards wide and about
20 yards from Mrs Kelly's house! I camped near the place, about 20 yards from the
paddock where I put the three horses. One horse was a bay, one a grey,- and one
a chesnut; the grey is a mare. I have seen the horses in the police yard. On
last Saturday morning l told my boy to go for a bag of chaff and for an axe
that I had lost. I told him to do this the night before. I saw the horses in
the paddock- at night. I next saw two of the horses in the possession of the police
(the bay horse and the grey mare). I saw the chestnut horse with mv own boy. In
consequence of what my boy told me, I gave information to the police. I did not
give the two boys in custody permission to ride the two horses now in the
police yard. . I have lent the oldest boy a horse to look for his own horses.
He was formerly in my employ for five months ;.he left me about 10 weeks ago I
am in the habit of camping at Kelly's.
In reply to the mother of
the accused the plaintiff stated he did not think the boys intended stealing
the horses.
In reply to the police,
the plaintiff stated that he gave the boys in charge for illegally using the
horses.
Charles King, sworn,
deposed that he was in the employ, of Mr Krafft, and travelled with him. We
camped lit the Eleven Mile Creek on Friday night. We put the three horses in Mrs
Kelly's paddock. The fence is not a good
one, but the horses' could not get out. The two horses in the police yard were
put into the paddock. I took the chestnut horse and left the other two in the
paddock. I went to look for an axe and a bag of chaff. I was away for an hour
and a half. When I returned the two horses were gone from the paddock. I went
to look for them, and saw the boys riding the two horses near' the brush fence.
I called to them, but they galloped away. I was about 10 yards from them. I said, Jamie, fetch the horses back. They took
no heed, and rode over the ranges. I told Mr Krafft what I had seen, and went
to the police station at Greta, and Constable Flood returned with me. The
constable and I went to look for the hoys. We discovered them about
three-quarters of a mile from Mrs Kelly's. When we saw them they galloped away,
and the constable after, them.
Constable Flood deposed :
I am in charge of Greta police station. I saw the last witness on Saturday
morning, and he reported an offence. I went to Kelly's place, and after wards
went into the bush. When about a mile from Kelly's, I saw the two boys on horseback
at fall gallop. ... The eldest boy made three attempts to get over a brush
fence. They were galloping away, from Mrs Kelly's. The youngest boy was riding
a bay horse. . I followed the eldest boy, who was riding the grey mare I was in
search of. I asked him his name. He first refused to tell me; he afterwards told me his name. I asked him whose
horse was that he was riding. He said he did not know. -I asked him if he did
not
know it belonged to a
hawker who had camped there the night before, and he said he did not. He said
"You can have the horse; I was only taking a ride." I then took them to
Mr Krafft, who gave them into custody.
Discharged.
When you read this
account, you realize how very wrong the Kenneally version is : Jim NO LONGER
worked for the farmer, Jim was NOT given permission to ride the horse, they
took TWO horses, and they were NOT going to visit their Mother as the horses
were taken from the paddock beside her cottage. Floods involvement came by way of a specific
complaint lodged by Krafft who was
clearly not amused by this prank. He is later listed as being a Kelly sympathsier
( Corfield) so his actions must have sprung from intense frustration, rather than from some sort of anti-Kelly agenda. Neither is there evidence in any of this of an act of ant-kelly Police persecution but rather of Flood
responding to a valid complaint from a member of the Public, and taking the
appropriate steps. The Magistrate exercised good judgement in the way he dealt
with these two boys, but it must have concerned him that at such a young age
they were so defiant and already accomplished horse thieves and liars.
Kenneallys claim
Flood was responding to Nicholsons famous order to root out the Kellys is also
completely wrong, as this statement wasn’t made until 1877, six years later, by
which time there had been many more incidents and contacts of various kinds
between various members of the wider Kelly clan and the Police.
In my opinion this
story provides a fascinating window onto
the creation of Kelly myth. In 1929 when Kenneally wrote his version of events the newspaper report would have been virtually
inaccessible to the general public, and clearly was NOT the place from where he obtained his information. The story Kenneally told was what
had been handed down to him, in other words the oral tradition. This has then been accepted as the truth by later writers and incorporated as fact into the story.
Now, with easy access to the news report made only a few days after the event, and exposure of the truth of what actually happened we can see how the telling and retelling of the story over the intervening 50 years has changed it from a silly mischievous prank that inconvenienced several people and wasted Police time and resources, into an act of absurd Police persecution of two innocent boys. The Kelly myth is a comprehensive misrepresentation of the truth.
Now, with easy access to the news report made only a few days after the event, and exposure of the truth of what actually happened we can see how the telling and retelling of the story over the intervening 50 years has changed it from a silly mischievous prank that inconvenienced several people and wasted Police time and resources, into an act of absurd Police persecution of two innocent boys. The Kelly myth is a comprehensive misrepresentation of the truth.
The reality in
relation to Jim Kellys first brush with the Law is that it has none of the
appearance of being an example of unwarranted Police persecution of two
innocent Kelly family members, which is how the Kelly legends portray it. In
fact when you read the original source material, this incident appears to be a
perfectly legitimate and sensibly handled response to some foolish behavior by
a couple of wayward kids. Jims first interaction with the Law was NOT an example of intrusive Police harassment. Another Kelly myth is debunked.
And as this news
report details, kids like that and incidents like that are still happening
today:
A 12
year old girl has been detected driving at 122kmh on Illawarra Main Road in the
State’s north.(Tasmania, 2015) On Saturday night at 10.37pm, police allegedly detected a
speeding vehicle travelling at 122km/h on Illawarra Road. The vehicle was
intercepted on Youl Road, Perth, and police were shocked to discover the driver
was a 12 year old girl. A 21 year old man and a 16 year old girl were
passengers in the vehicle. The girl was charged and bailed for false name and
driving offences. Sgt Phil Summers, of Westbury Police station, said police
were stunned.