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Episode 1 - Ned Kelly

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Page 1: Episode 1 - Ned Kelly - Amazon S3€¦ · -.$,/01(2*1(310(41&&5 7kheuxwdojxqwjkwehwzhhq1hg.hoo\pvjdqj dqg9lfwruldqsrolfhpdqrqwkhedqnvri 6wulqj\edun&uhhnlvwkhslyrwdohyhqwlqwkh 1hg.hoo\vwru\

Episode 1 - Ned Kelly

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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)

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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

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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>.

Join ATOM’s email broadcast list for invitations to free screenings, conferences, seminars, etc. Sign up now at <http://www.metromagazine.com.au/email_list/>.

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