Kate Kelly (outlaw)

Kate Kelly was born in Beveridge, Victoria, Australia, on 12 July 1863 to parents John and Ellen Kelly (née Quinn), their seventh child. The family moved to Avenel soon after her birth, where another child, Grace, was born. John Kelly died of dropsy when Kate was four years old. Ellen Kelly then moved the family to her sister's house at Greta. One year later, the family moved once again, to a two-room hut on leased land at nearby Eleven Mile Creek, becoming one of the growing number of poor, Catholic and Irish born selectors in the area, limited to the marginal land that was not already claimed by wealthy squatters in the area. Kate helped her mother bring up the family, which included three more children by Ellen's second husband George King.

Kelly's birthplace at Beveridge

The local police paid proper attention to the Kelly’s, the Lloyds and the Quinn’s, as they were well known to be criminal families with many court appearances.

Police numbers were scarce in north east Victoria so criminal elements took advantage of the lack of police and operated with very little attention being paid by the police.  There were very few Irish Catholics in the Greta area as most families were members of the Primitive Methodist Church who were honest hard-working families.

The police force in Victoria at the time was 82% Irish with most of them being of the Catholic faith.   Most had experience in policing in Ireland before immigrating as free men to Victoria.

Ellen Kelly applied for a land grant and was granted an 88acre selection that she chose.   She remained on that land for most of her life although she had trouble at times paying her rent as the property was never run properly.

Wealthy squatters held sway with land holdings, but the Victorian government enacted The Lands Act in 1860 granting land on generous terms to settlers.   The act was abused by squatters, but by 1869 the matter was settled in favour of the settlers.   By 1870 no squatters remained in the Greta area.   By the time of the Kelly outbreak settlers were well settled onto the Greta area.

In view of the numbers of livestock that was being stolen in the North East of Victoria, Stock Protection Leagues were established by stock owners.   It consisted all both squatters and settlers who were losing large amounts of stock to the criminals led by Ned Kelly.   Rewards were paid to police when arrests were made.   The suggestion that police perjured themselves to gain convictions was not true as the Royal Commission into Victoria Police found.

The Royal Commission that was held in 1881 into Victoria Police looked carefully into that allegation, and although most of the commissioners were anti-police, they found no evidence to support that allegation.   Here is their finding.

"It may also be mentioned that the charge of persecution of the family by the members of the police force has been frequently urged in extenuation of the crimes of the outlaws; but, after careful examination, your Commissioners have arrived at the conclusion that the police, in their dealings with the Kelly's and their relations, were simply desirous of discharging their duty conscientiously; and that no evidence has been adduced to support the allegation that either the outlaws or their friends were subjected to persecution or unnecessary annoyance at the hands of the police."

On 15 April, 1878, Constable Alexander Fitzpatrick was sent to relieve the officer in charge at Greta and, on his way, he decided to attend the Kelly homestead en route from Benalla to Greta. Some have said that there was an official instruction that no police officer should attend the Kelly home on their own.   No such instruction existed as established by the Royal Commission.   Constable Fitzpatrick was aware that a warrant for horse stealing had been issued against Dan Kelly for horse stealing, and as he was riding past the Kelly home, he stopped there with the intention of executing the warrant.   On the way he stopped at the Winton Hotel and had one brandy and lemonade.   This was later confirmed by the hotel owner.   The officer did not have the warrant in his possession, but it was not necessary to produce the warrant at the time.  The same arrangement applies to this day.  

Fitzpatrick located Dan Kelly and Dan asked if he could partake of a meal before going with the officer to Greta.   The officer agreed but while Dan was eating with Fitzpatrick standing up alongside him, Ned Kelly burst into the room through the front door and fired three shots at the officer.   The second shot hitting him in the left wrist.   At the same time Ellen Kelly, Ned’s mother attacked the officer with a fire shovel knocking him senseless.   Both William Skillion and William Williamson then came into the room and held pistols on the officer.   Fitzpatrick’s sidearm had been taken by Dan Kelly who was holding that on the officer.

The Kelly’s later concocted a story saying that Ned Kelly was not there and that Fitzpatrick had made an improper approach to Kate Kelly, Ned’s sister, who was 14 at the time.   Dan had wrestled with him and Fitzpatrick caught his hand on a door catch.  Ned Kelly told many people including hostages taken by him that he was 20, 200, and 400 miles away at the time.   In fact, this fiction was made up some 10 months after the event to discredit the  police officer.   After his capture when asked what happened he acknowledged the following.

Under oath, during Ned Kelly’s trial in Melbourne, Senior Constable Kelly described a conversation he had with Ned Kelly immediately after he had been captured at Glenrowan:

“Between 3 and 6 the same morning had another conversation with prisoner (Ned Kelly) in the presence of Constable Ryan. Gave him some milk-and-water. Asked him if Fitzpatrick’s statement was correct.   Prisoner said, “Yes, I shot him.”

He was interviewed by a journalist from the Age.

“Reporter: Now Kelly, what is the real history of Fitzpatrick’s business? Did he ever try to take liberties with your sister Kate?”

Kelly: No that is a foolish story. If he or any other policeman tried to take liberties with my sister, Victoria would not hold him” (The Age, August 9^th1880)

While William Williamson was in gaol for this offence he was interviewed by The Chief Commission of Victoria Police.  Williamson confirmed what Fitzpatrick said was true.   See Q 3. http://nedkelly.info/Royal-Commission.pdf

Ironically, the incident stemmed from an alleged offence of horse stealing that never went anywhere. The other man alleged to have taken the livestock with Dan Kelly, was later released without charge.

Fitzpatrick returned to Benalla and received medical treatment for his wound - a minor injury to his hand/wrist. The next day Ellen Kelly along with William Williamson and William Skillion were arrested and charged with being accessories to attempted murder of Constable Fitzpatrick.  They were found guilty and Ellen Kelly was sentenced to 3 years gaol, with Williamson and Skillion each getting 6 years.   The sentence was widely considered to be excessive. The sentences were delivered by Sir Redmond Barry who later sentenced Ned Kelly to death.

Constable Fitzpatrick gave evidence at the trial of Ellen Kelly who was charged with being an accessory to the attempted murder of Fitzpatrick.  A jury of 12 found her guilty.

Fitzpatrick’s statement of the events was claimed to have been corroborated by William Williamson while in jail, when interviewed by Captain Standish, the Chief Commissioner of Police, according to evidence by Standish at the Royal Commission into the Kelly Outbreak, in 1881.

See http://nedkelly.info/Royal-Commission.pdf  Question 3.

However, in his first meeting with his lawyer William Zincke, before his committal hearing, Kelly said "in consequence of the tyranny of the police he had been compelled to take up arms to protect his sisters".

Although Kelly later claimed to not be present at the incident, both his cousin and friend Tom Lloyd (quoted in the 1929 book by J.J. Kenneally) and mother Ellen, later said that he was in fact there.

Constable Fitzpatrick was dismissed from Victoria Police whilst he was stationed at Lancefield.   At the time he was not given a reason for his dismissal and he was not given the opportunity to defend himself.   He was not dismissed for being a drunk or a perjurer.  He was later told he was dismissed for being insubordinate to his senior officer at Lancefield.   After his dismissal the townsfolk of Lancefield initiated a petition to have the officer reinstated, as he was considered a worthy officer who was doing his job well.   This petition was unsuccessful, as was a second petition from the residents of Lancefield initiated a year later.  

Ned and his brother Dan fled to the Wombat Ranges, where a few months later they ambushed a police party sent to apprehend them.    Ned Kelly, shot and killed Constable Lonigan almost immediately upon the Kelly gang emerging from bushes at the police camp.  Lonigan did not have a weapon in hand when he was murdered.

Kelly claimed that Lonigan had run to a log and dropped down behind it and raised his weapon to shoot at Kelly.   It was then that Kelly shot him.   Lonigan had four wounds in his body, the fatal projectile entering his right eye and into his brain, another projectile scraped his forehead, and there were other founds in his left arm and left thigh.   Those wounds could only be received while he was standing up as the autopsy by Dr. Reynolds confirmed.

A short time later Sgt Kennedy and Constable Scanlan rode into camp and Kelly called on them to ”bail up”.  Without further warning the four gang members opened fire on the police.   Scanlan fell off his horse and while on all fours and trying to gain his feet, Ned Kelly shot him in the chest killing him almost immediately.   The police witness to this, Constable McIntyre confirmed that Scanlon did not have a weapon in hand when he was murdered by Kelly.

Kelly claimed that Scanlan had dismounted and fired two shots at him with a Spencer rifle the police had borrowed from a gold escort.   Ironically none of the police in the group knew how to use it.

It was at this time that the government of Victoria enacted The Felons

Apprehensions Act, and shortly after both Ned and Dan Kelly along with the two other unknown members of the gang at that time were declared outlaws.

With their mother in prison and their brothers on the run, Kate Kelly and her sister Margaret looked after the younger children.

Members of the Royal Commission visited the home of Ellen Kelly, where she made unsubstantiated allegations that police were regularly harassing her and her family at her home.   There was no evidence of this and The Royal Commissions discarded the allegation as being false and took no further action against police alleged to be involved.

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J. J. Kenneally writes that the police mistook Kate for Steven when the latter would cross-dress and demonstrate his horsemanship. They also mistook Mrs Skillion (Margaret Kelly), with whom they were not acquainted, who had considerable horsemanship skills, for Kate.[1]

Following Ned's arrest, Kate would often attempt to visit him in prison, as well as raising money for legal fees. She joined the Society for the Abolition of Capital Punishment, which campaigned for Ned's death sentence to be changed. Kate collected signatures for a petition of clemency, and later presented them with a personal appeal to the Governor, the Marquis of Normanby - all appeals were refused. Ned was hanged on 11 November 1880. The night before the execution a visibly affected Kate Kelly appeared on stage above a pub in Melbourne, seated on a chair, in silence.

Kate Kelly, who had been present at the catalyst of the Kelly Outbreak with the Fitzpatrick incident, aged 14, had supported her outlawed brothers throughout the saga, suffered repeated incidents of police harassment at her home while her mother was in prison serving a lengthy term, sought Ned's clemency in a public campaign in Melbourne, to no avail, was clearly mentally and physically exhausted by the end of 1880.

An expert horsewoman and possessed of a singular style and presence, the young Kate Kelly then confronted the rest of her life, aged 17.

Immediately after Ned's execution in November 1880, Kate and her brother Jim toured Victoria and NSW showing what newspapers of the day called "an exhibition of relics of the bushranging conflicts". They staged several shows to packed crowds until the police stopped them.

Following Ned's hanging, Kate left Victoria, travelling to Sydney and performing as "Ada" in a "Wild West Show" run by Lance Skuthorpe, and then in Adelaide under the names Ada Hennessey and Kate Ambrose. She eventually ceased performing due to ill health. She worked briefly as a barmaid at Hill Scott's Hotel in southern Adelaide, before her waning health forced her to return home. She worked as a domestic servant in Wangaratta, and a housemaid in Laceby, followed by a series of domestic service jobs around the area.

On 25 November 1888 she married a horse-tailer, William Henry Foster, and settled down in the town of Forbes. The couple had six children, though three died in infancy. Their marriage may not have been a happy one; on 20 May 1898 Foster appeared on charges of "using indecent language" while addressing his wife within the "hearing of the public" and he was fined. The couple do not seem to have lived together for the next five months, as Foster was reported to have been visiting his wife the night before her disappearance, before returning to the station he worked at.[2] She gave birth to her sixth child, Catherine, on 7 September.[3]

Grave and headstone of Kate Kelly

On the 5 October, Kate visited a neighbour, asking her to write a message for her, and look after the children, including Catherine.[2] The next day Kate was reported missing, and her body was found eight days later in a lagoon on Condobolin Road near Forbes.[4]

The doctor who examined her body said he couldn't determine the cause of death or any marks of violence, as the body had been in the water for eight days. The magistrate concluded Kate Kelly died from drowning owing to no other suspicious circumstances identified. Today the death of Kate Kelly would be investigated thoroughly. Kate's husband, William Foster, was convicted six months earlier for using abusive language against his wife within hearing of the public, and he was reportedly physically abusive also. There's some evidence that Kate Kelly suffered post natal depression and had started drinking during the day.

She was buried in Forbes Cemetery.

Her newborn daughter died a few weeks later. Her children were taken in and brought up by her mother, Ellen, and brother, Jim Kelly. Her headstone was erected around 1910, through the good graces of a former employer.[2]

The folk song "Ye Sons of Australia" includes a romanticised passage about Kate's role in the Kelly Gang;[5][6]

The daring Kate Kelly how noble her mien

As she sat on her horse like an Amazon queen,

She rode through the forest revolver at hand

Regardless of danger, who dare bid her stand.

She was the subject of the 1946 painting Constable Fitzpatrick and Kate Kelly one of Sydney Nolan's Kelly series.[7]

Kate is the main character in Jean Bedford's first novel, Sister Kate (1982).[8]
In the 2003 film Ned Kelly, starring Heath Ledger, Kate is played by Irish actor Kerry Condon.[9]
Australian rock band, The Whitlams, included a song about her, "Kate Kelly" on the 2002 album Torch the Moon.[10] She also inspired an exhibition of work from the artist Gria Shead in 2014.[11]

In October 2006, an auctioneer exhibited a revolver that he stated had belonged to Kate Kelly. It was claimed to be the revolver carried by Constable Fitzpatrick when attempting to arrest Dan at the Kelly house on the night of 15 April 1878, and which was wrestled off him by Kate's brother, Ned. The revolver was said to have been found concealed in a wall cavity of the house in Forbes where Kate Kelly had lived between 1888 and 1898.[12][13][14] The revolver was auctioned on Tuesday, 13 November 2007, where it sold to a private bidder for $72,870 AU.[13]