sexually assaulted her. Dan had wrestled with him to defend his sister, and the drunken Fitzpatrick's own gun in the commotion went off injuring Fitzpatrick in the wrist. Ned Kelly was later proven to be many miles distant at the time, but this was no hindrance to Fitzpatrick creating a good cover story for his drunken infringements and assault. During Ned Kelly's trial in Melbourne, Senior Constable Kelly 'verballed' the seriously injured Ned Kelly, who subject to police brutality after he had been captured at Glenrowan, and the following was fabricated:“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, 1880)While William Williamson was in gaol for this offense he was interviewed by The Chief Commission of Victoria Police. Williamson confirmed what Fitzpatrick said was true. Naturally, he had no alternative but to say what the police required. 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. These fabricated police charges evaporated, but there was no justice for the Kelly's, much else was being created. Fitzpatrick returned to Benalla and received medical treatment, 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. There were mass public demonstrations against it. The sentences were delivered by Sir Redmond Barry who later sentenced Ned Kelly to death. Fitzpatrick had given evidence at the trial of Ellen Kelly who was charged with being an accessory to the fake "attempted murder" of (trying to defend her 14-year-old daughter from him) Fitzpatrick. A handpicked jury 'found' her guilty