Episode 1 - Ned Kelly
LAWLESS – THE REAL BUSHRANGERS IS
AN ORIGINAL LANDMARK DOCUMENTARY
SERIES COMBINING SCIENCE AND
HISTORY IN A WAY WHICH HAS NEVER
BEEN DONE BEFORE IN AUSTRALIA.
At the core of this series is a bold vision to investigate
Australian colonial crimes and mysteries using modern day
science and technology. Hosted by respected journalist
Mike Munro (himself a descendant of bushrangers) we fol-
low investigations into the past and deliver the findings in the present to living descendants of both bushrangers and
those who fought against them.
In each fascinating episode, we focus on a single bush-
ranging legend; NED KELLY (Victoria), BEN HALL (NSW),
CAPTAIN MOONLITE (NSW) and the last of the wild colo-
nial boys - PATRICK & JAMES KENNIFF (Qld). All are larger
than life characters involved in iconic events heavily shroud-
ed in mystery, folklore and fantasy. The bushrangers are
heroes to some, villains to others and for their descendants
who carry their legacy today; they are a cause of either pain
and shame, or pride and glory. There are always two sides
to every story. But how do we separate fact from fiction?
Enter Mike Munro and the specialist LAWLESS in-
vestigation team; Dr Kiera Lindsey (Historian), Adam
Ford (Archaeologist) and Prof Roger Byard (Forensic
Pathologist). Together they use their respective skills to
apply an objective and rigorous analysis of these pivotal
events. They revisit existing and new historical evidence
and use 21stcentury high-tech science to get beyond the
myths. Using archaeology to literally break new ground
and the latest forensic methods to test the historical
evidence, the team illuminate a fact-based version of our
history. In each case the key question they seek to answer
is – what really happened? The team’s findings are finally revealed to living descendants at each episode’s end.
Mike and the team first tackle the most controversial of Australian legends, the story of Ned Kelly and the killings
of Stringybark Creek (1878). This was the event that made
Kelly a wanted outlaw, created the ‘Kelly gang’ and ultimate-
ly led to his hanging. The episode on Captain Moonlite’s last
stand (1879) looks forensically at one of the most violent
gunfights of the bushranging era and solves a 140-year-old mystery. The violent death of Ben Hall (1865) is put under
the microscope as the team examines the circumstances
surrounding the shooting of one of Australia’s most popular
heroes. And in the final episode, Mike Munro faces his own lawless ancestry on the trail of his great uncles, Patrick and
James Kenniff who were convicted of the most ghoulish and
grisly crime in Queensland’s colonial history in 1902.
CONTENT HYPERLINKS
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Curriculum Links‘LAWLESS - The Real Bushrangers’ can be linked directly to the follow-
ing subject areas of the Australian National Curriculum:
• Year 9 History, Year 9 and 10 Science
* Relevant Content Descriptions for Year 9 History
Overview of the making of the modern world
• The nature and extent of the movement of peoples in the period
(slaves, convicts and settlers) (ACOKFH015)• The emergence and nature of significant economic, social and
political ideas in the period, including nationalism (ACOKFH019)
Depth Study: Movement of peoples (1750 – 1901)
• Changes in the way of life of a group(s) of people who moved
to Australia in this period, such as free settlers on the frontier in
Australia (ACDSEH084)
* Relevant Content Descriptions for Year 9 & 10 Science:
Science Enquiry Skills
• Formulate questions or hypotheses that can be investigated
scientifically (ACSIS198)
• Use knowledge of scientific concepts to draw conclusions that are consistent with evidence (ACSIS204)
• Evaluate conclusions, including identifying sources of uncertainty
and possible alternative explanations, and describe specific ways to improve the quality of the data (ACSIS205)
Science as a Human Endeavour
• Scientific understanding, including models and theories, is contest-able and is refined over time through a process of review by the scientific community (ACSHE157)
• Advances in scientific understanding often rely on developments in technology and technological advances are often linked to scientific discoveries (ACSHE158)
• People use scientific knowledge to evaluate whether they ac-
cept claims, explanations or predictions, and advances in sci-
ence can affect people’s lives, including generating new career
opportunities (ACSHE160)
• Formulate questions or hypotheses that can be investigated scien-
tifically (ACSIS164)
• Plan, select and use appropriate investigation methods, including
field work and laboratory experimentation, to collect reliable data; assess risk and address ethical issues associated with these meth-
ods (ACSIS165)
• Critically analyse the validity of information in secondary sources
and evaluate the approaches used to solve problems (ACSIS172)
‘LAWLESS - The Real Bushrangers’ blends science and history to deliver powerful documentaries that will have an impact and an enduring legacy. This series will change how Australians see their folk heroes, and themselves.
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Episode One Ned KellyThe brutal gunfight between Ned Kelly’s gang and Victorian policeman on the banks of Stringybark Creek is the pivotal event in the Ned Kelly story, transforming Kelly from a petty thief to wanted outlaw and eventually a national icon. But were the killings an act of self-defence as Kelly later claimed? Folklore holds Ned Kelly to be a hero, endlessly mythologised. But what if he was a clear- eyed killer?
Our team embarks on the first ever archaeological and sci-entific investigation of the events at Stringybark Creek to answer the questions. Using the latest cutting edge survey
technology (LiDAR 3D Laser Scanning), traditional archae-
ology and forensic ballistics testing together with new
historical evidence, the team put conflicting claims to the test. Finally, we bring descendants from both sides of the
story together for the first time to hear the team reveal their findings. Controversial and highly provocative, this investi-gation challenges the legend that has shaped our national
identity and aims to change how Australians see their most
famous folk icon: the hero of the underdog.
* Activity: Profile of Ned KellyPre-Viewing Activity
Prior to viewing this episode, students should brain-
storm their existing knowledge, ideas and questions about
Ned Kelly. Consider the following:
• Do you view Ned Kelly as a hero? Why/why not?• What are the conventional accepted stories and im-
ages associated with him?• What is his legacy today?• Why do you think he is so important to so many
Australians?• What do you expect to learn about him from this
episode?
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Post-Viewing Activity
• As a class, discuss whether this episode chal-
lenged any of the pre-existing ideas students
had about Ned Kelly.
Using information from this episode, as well as your own
research, students are to produce a hard copy or digital
biography of Ned Kelly. Information to include:
• Family background and early life
• Death of his father and the impact of this on Ned and his family
• Initial run-ins with the law
• Actions as a bushranger
• Ambush at Stringybark Creek
• Trial, sentence and legacy
If creating a digital biography, students can use tools such
as glogster (http://edu.glogster.com/) or padlet (https://padlet.com/)
• Please note, when conducting research on Ned Kelly
on the internet: students may discover many websites
and resources that are ‘pro-Ned Kelly’. It is vital that
students question the source, reliability and objectivity
of these sites.
* Activity: The Scientific Method – Identifying and Answering Questions
Teacher introduction: The following activity is intended
to use LAWLESS to model the scientific method as applied to this investigation. This activity is separated into three
components – Inquiry, where students consider how the
LAWLESS team of experts identify their research question;
Evidence and Analysis, where students identify how evi-
dence is interpreted and guides further investigation; and
Conclusion and Reflection, where students are encour-
aged to reflect upon the reliability of the team’s conclusion and how it is – or isn’t – supported by the evidence.
This episode, “Ned Kelly”, is well-suited for teachers
wanting to explore the limitations of evidence. The team
is ultimately unable to reach a definitive conclusion based on the evidence collected: a good example of
how science doesn’t always provide pat answers to dif-
ficult questions.
INQUIRY:
• What’s something you would like to know about Ned
Kelly? Write a question and consider how you would go about answering this question.
“Who’s the real bushranger that many Australians hold up
as a national hero?” asks Mike Munro in the introduction to the first episode of LAWLESS, “Ned Kelly.” This provides a clear aim for the investigation, but is it sufficiently specific to frame a scientific investigation?
Consider the following questions individually then discuss
as a class:
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• Is the above quote from Munro a ‘scientific question’? Why or why not?
• What kind of questions are suited to scientific inquiry? Identify examples of questions that are – and are not
– framed in such a way to accommodate a scientific investigation.
• What distinguishes a scientific investigation from an ordinary investigation?
Later in the episode, [00:07:52] the team clarifies the question as “So what really happened? Did Kelly shoot in self-defence, or was it cold-blooded murder?”
• Is this a clearer question than Munro’s aforementioned
question? Does this make it ‘more scientific’?
Scientific investigation is about testing predictions, called hypotheses (or an hypothesis). Good hypotheses are
specific, testable and typically educated – meaning sup-
ported by existing knowledge and evidence.
• Individually, rewrite the team’s research question as a
hypothesis.
• Share your hypothesis with your class. Does every-
one have roughly the same hypothesis? Discuss any discrepancies and try to explain how these might affect
the ensuing investigation.
EVIDENCE AND ANALYSIS
The scientific method is grounded in evidence; hypotheses can be only be confirmed – or rejected – based on conclu-
sive evidence. The LAWLESS team begins their investiga-
tion of Ned Kelly with a range of primary evidence, includ-
ing the Burman Photos of the Stringybark Creek attack site
and Constable Thomas McIntyre’s map.
Look up the Burman Photos and McIntyre’s Map
on the Victorian Collections website (they can
be found at https://victoriancollections.net.au/items/529e77152162ef1280684a26 and https://victori-ancollections.net.au/items/4f72b20797f83e0308604766
respectively), and use these resources to answer the fol-
lowing questions:
• Who took these photos/drew this map?• What are the key features of each piece of evidence?• How do the experts use these pieces of primary evi-
dence to develop their investigation?• What questions do these pieces of evidence raise?• Are there any other prominent pieces of primary evi-
dence used in the episode?
Whilst the team use a range of primary evidence in their in-
vestigations, we also witness the ways that improved tech-
nological and scientific equipment/methods allow them to further analyse and challenge the accepted version of
events at Stringybark Creek. Throughout the episode, take
notes on Table 1 on the next page.
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TECHNOLOGY/EQUIPMENT
How does this technology work? What are they hoping to discover?
Outcome/Conclusions based on using this technology
Aerial LiDAR
Scanning/ Monash
University’s
Visualisation
Laboratory: “Cave
2”.
‘Ned Kelly’ Test
gun (original sawn
off .577 calibre
Enfield Rifle)
1
1
2
NED KELLY
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CONCLUSION
Throughout the episode, the experts are careful with how
they frame their conclusions based on new evidence.
Examining historical evidence [00:19:23], historian Dr Kiera Lindsey says “There was no conclusive evidence to verify
that there had been a shooting, but there was an injury.” After considering a test with a pig carcass shot with a rep-
lica of Kelly’s gun: “I don’t think we can discount the fact
that you can get multiple holes from one shot.”
• Why do the experts use language like this? How could you incorporate this approach into a class scientific report? Discuss as a class.
• Does the LAWLESS team come to a clear conclusion
at the end of the episode? Why, or why not? How is this supported by their evidence.
• Are there any limitations associated with the LAWLESS
team’s investigation and conclusion?• Suggest further scientific inquiry that could be con-
ducted to answer Mike Munro’s original question:
“Who’s the real bushranger that many Australians hold
up as a national hero?”
* Activity: Interpreting Primary EvidenceThroughout the episode, we see how the LAWLESS
team of experts use primary evidence and cutting-edge
technology to analyse Ned Kelly’s role in the ambush at
Stringybark Creek. Throughout the episode, take notes in
Table 2 on the next page.
* Activity: Ned Kelly - hero or murderous villain?
Conjecture continues as to what the legacy of Ned Kelly
should be; celebrated outlaw or murderous villain? As we see throughout this episode, primary evidence plays a vital
role in any assessment of him as a person and his actions.
A fantastic primary source of knowledge of Ned Kelly is
through his own words, and the most famous of Kelly’s
writings is the Jerilderie Letter, left with a printer after
the Kelly gang robbed a bank in Jerilderie in 1878. The
Jerilderie letter was not written by Kelly, but was dictated
by him to Joe Byrne. However, all Kelly experts agree that
this letter clearly gives us Ned’s ‘voice’. Let’s look at some
extracts from that letter, and see what we can learn about
Ned Kelly from them:
Extract 1: Kelly always blamed Constable Fitzpatrick
for the sequence of events that led to his being declared
an outlaw. In the Jerilderie letter Kelly described how he
had heard that the police harassed his family after the
Fitzpatrick incident.
I … heard how the Police used to be blowing that they
would not ask me to stand they would shoot me first and then cry surrender and how they used to rush into the house
upset all the milk dishes break tins of eggs empty the flour out of the bags on to the ground and even the meat out of
the cask and destroy all the provisions and shove the girls in
front of them into the rooms like dogs so as if anyone was
there they would shoot the girls first but they knew well I was not there or I would have scattered their blood and brains
like rain I would manure the Eleven mile with their bloated
carcasses and yet remember there is not one drop of
murderous blood in my Veins … But if I hear any more of it I
will not exactly show them what cold blooded murder is but
wholesale and retail slaughter something different to shoot-
ing three troopers in self defence and robbing a bank.
Answer the following questions and discuss as a class:
1. What qualities (both positive and negative) does Ned
Kelly show in this part of the Jerilderie letter?2. Some scholars argue that the Jerilderie letter shows
Kelly’s brutal nature, while others counter that he is
simply engaging in bravado and intimidation. Do you believe his words are evidence of brutality or simply
intimidation? Explain your response.
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EXPERTPrimary Evidence or Technology used in the
investigation of Ned KellyResults/Conclusions drawn
based on their findings
Adam FordArchaeologist
Dr. Kiera LindseyHistorian
Professor Roger ByardForensic
Pathologist
1
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2NED KELLY
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Extract 2: Here Kelly
describes the killing of
one of the three police at
Stringybark Creek, Sergeant
Kennedy.
I told McIntyre to tell them to
give up their arms, he spoke to Kennedy who was some
distance in front of Scanlan he reached for his revolver
and jumped off, on the off side of his horse and got behind
a tree when I called on them to throw up their arms and
Scanlan who carried the rifle slewed his horse around to gallop away but the horse would not go and as quick
as thought fired at me with the rifle without unslinging it and was in the act of firing again when I had to shoot him and he fell from his horse. I could have shot them with-
out speaking but their lives was no good to me. McIntyre
jumped on Kennedys horse and I allowed him to go as I
did not like to shoot him after he surrendered or I would
have shot him as he was between me and Kennedy
therefore I could not shoot Kennedy without shooting him
first. Kennedy kept firing from behind the tree my brother Dan advanced and Kennedy ran I followed him he stopped
behind another tree and fired again. I shot him in the arm pit and he dropped his revolver and ran I fired again with the gun as he slewed around to surrender I did not know
he had dropped his revolver. The bullet passed through the
right side of his chest & he could not live or I would have
let him go had they been my own brother I could not help
shooting there or else let them shoot me which they would
have done had their bullets been directed as they intended
them. But as for handcuffing Kennedy to a tree or cutting his ear off or brutally treating any of them, is a falsehood, if
Kennedys ear was cut off it was not done by me and none
of my mates was near him after he was shot I put his cloak
over him and left him as well as I could and were they my
own brothers I could not have been more sorry for them
this cannot be called wilful murder for I was compelled to
shoot them, or lie down and let them shoot me.
Answer the following questions and discuss as a class:
1. Why, according to Kelly, did he shoot Kennedy?2. Do you accept his version and justification of this
event? Explain your response, referring to evidence from the letter and key moments in this episode of
‘LAWLESS – The Real Bushrangers’
Working in pairs/small groups, take a closer look at the Jerilderie letter. You can find it at http://www.nma.gov.au/collections/collection_interactives/jerilderie_letter
Other than the extracts already focused on, select a pas-
sage that might reflect badly on Kelly and a passage that might show Ned Kelly in a good light. Discuss your selec-
tions with other groups.
In terms of interpreting primary evidence, why must we be
careful when relying solely on the Jerilderie Letter when
making conclusions about Ned Kelly? Share your answers and discuss as a class.
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McIntyre’s Account: Considering the other side
As we learn during the episode,
Constable Thomas McIntyre detailed
his own eyewitness description of the
events at Stringybark Creek on October
26th, 1878.
The unpublished manuscript details the murders that took
place on that day, as well as his encounters with Ned Kelly
over the following years.
Sections of the McIntyre Manuscript are available on the
Victorian Police Museum website. Divide students into seven groups, and allocate one of the seven sections of
the manuscript, which can be found via the following link:
http://www.policemuseum.vic.gov.au/collection/overview
Direct students to look for particular areas within McIntyre’s manuscript that comment directly on Kelly and
his gang’s actions at Stringybark Creek, as well as general
observations about Kelly.
Have each group answer the following questions in relation
to their reading, and share as a class:
1. What qualities does McIntyre’s manuscript reveal about
Kelly and his gang? Do these differ from the quali-ties you noted down after reading excerpts from the
Jerilderie Letter?2. How does McIntyre’s account of the killing of the police
at Stringybark Creek differ from Kelly’s account you
read in the third extract of the Jerilderie Letter? What factors may impact on the differing nature of these
accounts?3. Reflect on the overall differences between the Jerilderie
Letter and McIntyre’s account. Consider the reasons
for the differences in the recounting of events, and why
it’s vital to examine a range of eyewitness testimony
and primary evidence when examining events and
drawing conclusions. Discuss as a class.
The Legend of Ned Kelly
Based on your own research and the findings of the team in this episode, do you think Kelly’s actions show him as
an heroic figure who was unfairly harassed by police and simply fighting in self-defence, or as a murderous outlaw? Debate as a class.
Why do you think Ned Kelly still excites such controversy
and interest in Australia today? Consider the role of the following elements: his character and family background,
his ideas and aspirations, his image (especially the helmet
and armour), the way he has been depicted in Australian
art, literature and folklore. Consider the sentiments of Ned
Kelly fan, Steve Jager, whom we meet in the episode, who
states: “His story still encapsulates the Australian spirit
in the way of mateship, love for family. A lot of my own
personal story I can relate to Ned Kelly, growing up poor,
standing up against authorities. I was bullied in my primary
school and high school years. So the Kelly story is what
gave me the strength to keep going.”
Share your responses as a class.
* Activity: Focus on the descendantsWe meet Leo Kennedy, the great grandson of Sgt Michael
Kennedy, one of the three policemen who were killed
by Ned Kelly at Stringybark Creek. Born in Rushworth
Victoria, Leo grew up learning about the painful legacy left
behind in th e wake of St Kennedy’s murder and impact
on his wife and family. When confronted as a teenager
by romanticised versions of Ned Kelly it set Leo on a
determined path to ensure Sgt Kennedy is remembered.
Leo has taken on the role of spokesman for the Kennedy
family.
We also meet Anthony Griffiths, the great nephew of Ned Kelly, linked by blood to Ned’s younger sister Grace Kelly
(who was Anthony’s great grandmother). Anthony lives in
the heart of ‘Kelly Country’ in Greta, Victoria close to the
site of the former Kelly homestead, surrounded by Kelly
culture. Anthony says that the whole Ned Kelly story has
cast a long shadow on the family – one that only recently
they have come to terms with.
• Discuss the contrasting experiences of these two men in terms of their connection to the Ned Kelly story.
• How do they feel about the team’s findings at the end of the episode?
Read the following article: http://www.heraldsun.com.au/news/law-order/ned-kelly-gang-victims-all-but-forgotten-in-adoration-of-the-bushranger-say-families-cops/news-story/3d1882a2dcf24dfce2260daf340786ce
Can you understand the anger regarding the glorification of Kelly’s actions in relation to murdering three policemen? How do you think this issue could be best dealt with in
terms of the way that Kelly is portrayed in Australian his-
tory and folklore? Share and discuss answers as a class.
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Referenceshttps://www.australiancurriculum.edu.au/http://www.nma.gov.au/__data/assets/pdf_
file/0019/19090/Kelly_search_all_colour.pdfhttp://www.npm.org.au/https://timeline.knightlab.com/http://timeglider.com/http://www.nma.gov.au/collections/
collection_interactives/jerilderie_letterhttp://www.policemuseum.vic.gov.au/collection/
overview
http://www.heraldsun.com.au/news/law-order/ned-kelly-gang-victims-all-but-forgotten-in-adoration-
of-the-bushranger-say-families-cops/news-story/3d1882a2dcf24dfce2260daf340786ce
http://www.theage.com.au/news/national/family-urges-new-ben-hall-inquest/2007/03/30/1174761754719.html
ARCHIVAL IMAGES
Pictures Collection, State Library Victoria
Reproduced with permission from the collection of
Victoria Police
State Records of New South Wales
State Library NSW
Justice and Police Museum Collections, Sydney
Living Museums
State Archives NSW
National Library Australia
Forbes and District Historical Society IncorporatedBathurst Historical Society Museum
Supreme Court QLDQueensland Police Museum
This study guide was produced by ATOM. (© ATOM 2017) ISBN: 978-1-76061-059-3 [email protected]
To download other study guides, plus thousands of articles on Film as Text, Screen Literacy, Multiliteracy and Media Studies, visit <http://theeducationshop.com.au>.
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