that Kelly's crime was "a murder of extraordinary ferocity" and "the evidence disclosed no mitigating circumstances whatsoever". The judge then asked Kelly if he had anything to say as to why sentence of death should not be passed upon him; after a pause he said: "No, only that I am sorry for what happened". Kelly made an unsuccessful appeal against his conviction and sentence of death to the Court of Criminal Appeal in Sydney, which was heard on 26 May 1939. Kelly's barrister submitted "that the circumstances of the murder were such that it could only have been done by a lunatic". However, Chief Justice Jordan concluded "the crime was a foul and brutal one, but there was nothing to suggest that Kelly was insane at the time". Kelly's defence counsel sought leave to appeal to the High Court on the grounds "that the evidence had been so overwhelmingly in favour of insanity that the jury's verdict was perverse". On August 3, the High Court unanimously refused Kelly's leave to appeal. Justice Starke said, "the case was without merit and quite hopeless" and expressed his "astonishment that the State would have provided funds for Kelly to appeal". Execution On 9 August 1939, the New South Wales Executive Council approved the recommendation of the State Cabinet that Kelly should be hanged on August 24. In reaching its decision the Cabinet under Premier Alexander Mair had considered a transcript of the evidence and the judge's report, as well as medical reports and letters and petitions. On 12 August 1939, Samuel Rosenberg, organising secretary of the Howard Prison Reform League, began a fast to draw attention to his organisation's campaign for abolition of the death penalty. During the thirteen days until Kelly's execution, Rosenberg consumed only spinach, water and orange juice, but "smoked innumerable cigarettes". After the government decided to go ahead with Kelly's execution, Mick Kelly wrote to the Brisbane Truth newspaper, comparing his son's case with other recent crimes that had been commuted. He claimed his son "was in a frenzy from drink" when he committed his crimes and concluded: "Praying that you will do all in your power to prevent the awful fate assigned to my boy, as there has been enough sorrow to both families already". John Trevor Kelly, aged about 24 years, was hanged at the Long Bay Penitentiary a few minutes after eight o'clock on the morning