... one of the things of the KellyGang story
Some were not happy at taking cases from all over North Eastern Victoria to Beechworth, particularly after the railway made travel easy. (Ensign25/4/1873)
Many of the most important parts of the story of the KellyGang were played out in the courts. Ned Kelly's father found himself brought before the courts soon after he arrived in Australia. All the members of the KellyGang were familiar with the courts as they were growing up. The courts played a key role in a justice system that thought little about rehabilitation and more about punishment.
The ongoing trial of the sympathizers did much to drive a wedge between the community and the police and turned many people into active sympathizers
On of the last parts of the KellyGang story was the trial of Ned Kelly.
Soon after the Magistrates who had been dismissed by the Government as an economy measure ,where reappointed (Argus18/4/78)
Over 20 sympathisers were rounded up and kept in Beechworth Gaol under the Felons Apprehension Act.
How did Mr Bowman come to act for both sides
See sympathiser for a list of those charged
Coronial Inquests were preferred to Magisterial inquiries. The later were
generally held when the coroner was not in the jurisdiction.
There was perhaps no difference in effect. Sup Sadleir said, 'I think there is a greater security to the public in the coroner's inquest than in the ordinary magisterial enquiry, but, eventually, they both lead to the same result if fairly conducted. The magistrate, upon hearing the evidence of witnesses concerning the death of any one, can issue his warrant for the arrest of the person inculpated; but the coroner has a further power. He can issue his warrant for the committal, but, in effect, there it very little difference. Usually, in spite of the coroner's warrant of committal and case is brought before the police court, as if the coroner had not interfered in the matter.'
The coroner could demand an inquest if he wanted. (RC2899)
Coronial Inquests involved a jury and there is a verdict. (RC2910)
He also, with Com Standish, held an Magisterial inquiry into Joe Byrne's death. (Argus30/6/80) (RC2905)
Const McIntyre, Louis Pyatzer , Const Canny , and Sup Sadleir.
A verdict of justifiable homicide was returned by Mr McBean in the following terms:_ ‘The outlaw Joseph Byrne whose body was before the Court and in the possession of the police, was shot by them whilst in the execution of their duty. (Argus30/6/80)
Mr Bullivant, from Wangaratta was to hold a Magisterial inquiry into the death of Dan Kelly and Steve Hart, but the authorities eventually decided to abandon the idea. The family had gathered at Greta and they were not going to hand the bodies over. See Steve's brother Richard Hart for details. (Age1/7/80)
Ned Kellys trial was held in the Central Criminal Court in Melbourne, just down Russell Street from the Melbourne Gaol. The court house had been built in Melbourne's early days. It is an imposing castle- fortress type of a building. Mr Justice Barry presided over the trial. The main hearing was held in late October 1880 , see Kelly trial.
The role of lawyers in the Royal Commission (Argus19/3/81)