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Swimming
Fishing

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R.R. 1 *

but I know a little guy tougher’n
you.”

The game settled down to a true
test of poker skill when suddenly the
window crashed in as a shot rang out
and Bull Dog Kelly pitched forward
on the check rack then slumped to
the floor, dead. Tex ducked below
the window sill. Tony went to the
floor. The cook crawled into a corner.
Scotty, the mail-stage driver, who
had been asleep in a chair, woke up
and surveyed the scene, then gathered
up the loose currency and disappeared
in the night, he being the only win-
ner.

After things had settled down a
telegram was sent to the police at
Decker Lake and, immediately Con-
stables M. J. MacInnis and Munro,
of the B.C. Police, arrived to investi-
gate. Their investigation was some-
what hampered owing to the fact that
all these witnesses had been gambling,
and the proprietor did not wish to
get involved in any trouble with the
law. However, after a great deal of
questioning of the witnesses Jerry
Mulvihill was arrested by Constable
M. J. McInnis for the murder of
Bull Dog Ed Kelly.

The two constables worked for
days in the investigation of this crime
but could gather very little evidence
nor could they locate the weapon
with which the accused is alleged to
have shot Kelly. However, they man-
aged to get two witnesses whose evi-
dence finally fastened the guilt of this
crime on Jerry Mulvihill. The first
of these witnesses was Joe Sarvent,
who was sleeping in the barber shop
the night of the murder, who stated
that about five minutes before the
shot that killed Kelly was fired Jerry
came into the barber shop and woke

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BOYD DRIVE-IN THEATRE

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Located 412 Miles North of
Kelowna on Main Highway

TWENTIETH EDITION

On Beautiful Wood’s Lake

G. J. SHEARER, Prop.

KELOWNA, B.C. *

him up and gave him a drink of
whiskey out of a bottle, saying it
would be the last drink they would
have together. Jerry Mulvihill, Sar-
vent said, had a rifle in his hands at
the time. He pointed to his face where
it was marked and said, “Kelly did
that and I am going out to shoot
him.”

About five minutes after Jerry left
Sarvent said he heard a shot and went
out and found that Kelly had been
shot.

Tihe second witness was Ray Ol-
son, a blacksmith who stated that on
the morning of July 29, 1913, about
1:30 .a.m., Jerry Mulvihill came to
his tent and asked him to loan him
his rifle, saying that he had seen a
bear down town. Olson gave Jerry
his rifle which was a .351 automatic
and had some cartridges in it. Olson
then went to sleep and about 2:30
a.m. Jerry returned the rifle saying
he had killed the bear. There were
no cartridges in the rifle when he re-
turned it.

THE TRIALS

Coroner Dr. Wallace, of Telkwa,
B.C., was notified and he left with
Senior Constable MacAulay, of the
Aldermere Detachment, for Burns
Lake, where a post mortem examina-
tion was performed by Dr. Ferguson
at the Burns Lake Hospital. An in-
quest was held at that point by Dr.
Wallace, Coroner. After the inquest
the accused with all witnesses were
taken to Aldermere where T. J.
Thorp, Esq., Justice of the Peace,
held a preliminary hearing. The case
for the Crown was conducted by
Chief Constable Ernest Gammon, of
the Hazelton District, who had
assisted greatly in the investigation
of this crime. After hearing the evi-

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dence for the prosecution and all ex-
hibits had been presented including
the rifle and bullet that had been
taken from the skull of the deceased,
the presiding justice committed the
accused for trial to the next Court of
Criminal Jurisdiction. The prisoner
was then escorted to New Westmin-
ster, B.C., there to await trial.

On October 13, 1913, at the Fall
Assize Court at Clinton the accused
appeared in answer to the charge of
the murder of Bull Dog Kelly. The
trial lasted for a considerable length
of time and the only new evidence
presented by the Crown was that
given by Mr. G. Grasby, of Victoria,
a ballistic expert, who testified that
he had made tests of bullets fired from
the rifle in question and the bullet
extracted from the skull of the de-
ceased, and that both were fired from
the same weapon.

The judge gave the jury a lengthy
address on the evidence presented and
the law concerning same. The jury
retired and after about three hours
returned with their verdict of
“Guilty.” The presiding judge then
sentenced Jerry Mulvihill to be hang-
ed on December 29, 1913. The pris-
oner was then escorted back to New
Westminster but owing to there be-
ing two other condemned men at the
Kamloops gaol, an order-in-council
was put through by the Hon. W. J.
Bowser, K.C., Attorney - General,
transferring Mulvihill from New
Westminster to the Kamloops gaol.

New EVIDENCE

This would seem to be about the
end of the case but not quite so, for
the condemned man was granted a
reprieve pending an appeal for a new
trial, and in the meantime a D. Mc-
Leod, of Hazelton, B.C.. had ob-

Success to

*

KELOWNA CLUB
KELOWNA, B.C.

Page Sixty-seven