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GERMAN'S CREEK
runs between Stringybark and Kellys Creeks. It is thought to be the
creek where the final killing of Sergeant Kennedy by the Kellys occurred
on 26 October 1878.
Sergeant
Kennedy was the officer in charge of the Mansfield party to hunt for the
Kelly brothers. Following the fatal shootout with Ned Kelly at Stringybark
Ck where two police were killed, the Sergeants body was not found till
five days later about 600 yards away. The exact spot was never marked. The
quest to find that spot had been thought too difficult. However, from the
references in publications of the time, plus the use of Global Positioning
Systems, we have pinpointed the most likely area.
One may well ask why it is important to identify this site? With a major
stone monument in honour for the three fallen police in the centre of
Mansfield town, isn't it rather sad that nobody had bothered to mark the
actual sites so long ago? While Constables Lonigan and Scanlan's
tragic fate was at Stringybark Creek, Sergeant Kennedy is synonymous with German's creek,
not Stringybark Ck. It is important to identify the true historic sites, -
if only in pursuit of truth and knowledge.
On 28 August 2004 and leading up to that time a small group ventured to
locate the true site at Germans Creek. They were, Tim Smith, Joe Dipisa,
myself Bill Denheld and several others. Picture, McMenomy's book
courtesy Police Historical Unit.
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The evidence. Both these pictures have
flat ground and gentle rising slope in the background, Both pictures have
a ' light 'source from the North. In the left picture, the trees are over
exposed with light offering little shadow detail. However, the cloak over
the body gives strong indications where the light source is, a midday sun
in a November Northern sky. Note; the folds in his trousers, the light
falling on his back show the light source coming from above left, the
cloak shows a light and dark side indicating light from the left hand side
of the picture.
Above right. The image of Tim Smith in a natural clearing, examines the
similarities of the terrain. The original image (above left) shows the
actual tree where the Sergeants body was found. It was recorded
the tree was between the body and the police camp (some 30 chains to
the South East). If we analyse this scenario, you will conclude, the scene
depicted in the old photo has to be on the Eastern bank of German
Creek looking East.
Although this
clear area was first selected as the main contender for the spot, it is a
little too small. A larger more probable area is nearby.
Some considerations;
If, as
suggested in contemporary publications that, ' the Sergeant's body was
found on the other side or of the Creek', then there is a problem with
this old photo,- as the sun light would still have to come from a
Northerly direction. The problem is, the sun light clearly comes from the
left in the photo. Also, if the body was found on the other side of
the creek and photographed as such, the body would be 'between' the
tree and the police camp. ( which it was not )
It was recorded at the time of finding the body;
" The spot was open for about 8 yards around about. We had not gone
30 chains when a young man Sparrow sang out here is something, here it is.
In Constable McIntyre's Manuscript he quotes a telegram by
Henry Pewtress;
"The body had been found 8 AM in the midst of
some ferns over a 1/4 mile down the creek from the site of our
encampment."
What we were
looking for was a relatively flat bit of ground. Using Tim's GPS we found
what may well be that illusive ground. We don't believe much would have
changed here in 126 years.
Below,
Tim considers this site on the eastern bank, but by all descriptions the
clear area is a little too small, however this site could still fit all
the criteria. It is one of two identical type sites that fit. This one is
further up the creek some 20 yards
away from the chosen larger clear area where a
cairn of rocks has been started.

Note; this
clearing fits all criteria.
It is 8 yards round about, in the midst of some ferns even
today.
Following is a record of most ( if not all) references to the finding of
Sergeant Kennedy's body circa 1878 including recent publications.
From the records and
publications,
a guide to where the body of Sergeant Kennedy was found ;
Outlaws of the Wombat ranges by- G. Wilson Hall, 1879
Page 32 SLoV* transcript, or ( Page 29 Brian McDonald's edition)- Outlaws--
G.W.Hall wrote;
30 chains ( = 662 yards). Hall actually visited the site.
Page 35 SLoV* transcript, or ( Page 31 of
Brian Mc's) -, headed due west. It also
says Kennedy followed similar route but at a slightly different angle.
* State Library of Victoria.
In McIntyre's Manuscript – courtesy Police Historical Unit -date
unknown
he say's, jumped on Kennedy's horse he
headed North. He also said he headed
due west.
Page 37 A telegram by
Henry Pewtress wrote -
the body was found about a mile N.E by a
volunteer Henry Sparrow. Note, North East is obviously
wrong. On the same page McIntyre says - The body
had been found 8 Am in the midst of some ferns over a 1/4 mile down the
creek from the site of our encampment.
J.J. Kenneally, Inner History -Page 59 "
a farmer Tomkins* crossing 'Stringybark' came across the body 1/4 mile
from the police camp." * Tomkins
was actually the President of Mansfield Shire. SEE McIntyre's Manuscript.
Colonial doctor and his town, J Gillison 1974 Son of doctor Willy
Reynolds,
-body found 400 yards from the camp.
Keith Mc Menomy's 1984 book says,-
" the body just North* of German’s Ck- about a quarter of a mile North
West. The spot was open for about 8 yards around about. We had not gone 30
chains when a young man Sparrow sang out here is something, here it is".
*The 2001 edition only says North west.
Ian Jones writes; in 'A Short Life', Page 137 and 2nd
edition Page 122,
" Ned crossed German's Ck and
started up the flank of its gully".
400
yards is about 1/4 mile or 437 meters
30 chains = 662 yards , this is more than 1/3 but less than 1/2 mile.
Contradictions ; McIntyre's Manuscript is rather contradictory as
it infers the body was found on Stringybark as he writes;
a 1/4 mile down the creek from the site of our
encampment. ( this does not help and is a puzzle), could this
mean the body was found on Stringybark Ck? Even the telegram by Henry
Pewtress said a mile North East ?
In J.J. Kenneally's book, the farmer
"crossed Stringybark to find the body 1/4 mile from the police camp".
As co writer of J.J.K's book, Tom Lloyd would have known the true location where
the Sergeant was found. To find the spot we have identified you would
definitely have to cross Stringybark, but not German's Ck. No doubt.
Conclusions ; In all the original texts nowhere does it say
crossing German’s creek. Nowhere in any of the original text does it say
the body was found on the other side of German’s Creek except in Ian
Jones and in Keith McMenomy’s books. ( In J.J Kenneally’s book The Inner
History of the Kelly Gang,
refers to crossing Stringybark Ck. before finding the body.)
We may conclude Sergeant Kennedy's body was found at German's Creek
because McIntyre claimed Kennedy followed his direction of escape - due
west.
(he also said North, perhaps meaning he headed due west after first
heading North.) In fact the spot we have identified
is North West approximately 670 meters or 30 chains from the police camp
at Stringybark Creek. McIntyre was present for the search of the Sergeant,
so his account has to be believed.
It
is also recorded in Ned Kelly's own account, - Dan went to the creek to get
some water for the Sergeant to drink. In our scenario, the creek would
have been immediately behind where the photographs were taken. Both
Stringybark and Kellys Creeks would have been too far away to fetch water.
More pictures in support
When we were looking for the most likely site, we began by
looking for a site North of Germans Creek. This turns out to be a
conundrum as Germans Creek runs North South,
so how could a site be north? We did find a major tributary that runs
west from Germans Ck, so it could be possible to say there was a northern
side to that tributary.

In this spot we are about the right distance on the West bank of
the creek looking West, Notice the light comes from the Right
hand side of the picture which is contrary to the original Burman photo
with light coming from the left hand side. This light orientation reveals
the spot above or any other on the west bank to be wrong.
Pictured below, This site is the larger of the two selected. The depression in the ground
is where we
believe a giant Gum tree (similar to that shown in the original picture) stood and near that,
possibly where the Sergeant was
killed.
Picture, Tim Smith.

We can never be certain
about anything, however, the depression, today forming a puddle could well be
where a rotted tree stump had stood. The big tree would have been
saw milled 1930's by the Mc Cashney's Kellys Creek sawmill nearby.
As a tree stump and its root structure rots away leaving a depression,
this eventually fills with debris and humus. In this
case, at this location the nearby creek and the open clearing offers feral animals such as
Pigs and Deer a safe place to take a drink.
The hooves of these animals have compacted the ground in this natural
hollow to form a perennial puddle. A hollow like this would not just
happen naturally by hoofed animals. (Note the muddiness of the water,
testimony to frequent slurpers). The sheer weight of a giant tree
weighing many tons, would in its self push the ground down and
leaving a hollow.
The
tree was between the body and the police camp. Unless there are other references that have not been taken into account, I believe the evidence here presented
concludes the spot to be in this locality, on the Eastern bank of Germans Creek.
23 October 2004,
almost 126 years after the fatal shooting of Sergeant Kennedy by Ned Kelly
near this spot, a party of Kelly researchers gathered at Stringybark
reserve for a guided walk-in to German's Creek. With no walking tracks as
yet, it is hoped a trail will be marked following the Sergeant's footsteps
from the site of the shootout at Stringybark to German Ck, where the
Sergeant was killed by the Kelly Gang. In time it is hoped a rock
memorial Cairn
there will grow in size as more stones are added by those that visit the
area.
Click here to see
Virtual tour Panorama
of Germans Creek
This picture below would
more than likely be the first
time in more than one and a quarter century that such a gathering took
place at this historic spot since the police and volunteers search party
found the body of the Sergeant 31 Oct 1878.

To record names of those in the photo above, please identify
yourselves starting from the left;
Out front hunched down is myself, Bill, with,
on my left are ..
Standing from left of picture, persons 3 and 4 Gwenda and Arthur Marsh,
persons 6 and 7 Russell and Wendy Walker of Tolmie.
persons 8 &10- Sally and Ben Dykstra.....
The exact site
can be found by walking down Stringybark Creek road (from the Reserve) for
about 100 meters. A large tree on the right hand side of the road
has been chopped a little at head height, stop here, turn (90 degrees) to be facing
West. Set your compass West and walk straight into the bush for about 400
meters, checking your bearing west as you go. You will come to German's
Creek. At the creek turn right and walk down stream till you reach a
largish
natural clearing. The correct spot is at the junction of a western
tributary where the two waters form one flow. There is a small pile of
stones, the start of a Cairn.
GPS way points ; Germans Ck Cairn site
;
55h0428010
5918962 (epe 7 meters.)
Kelly
researcher Tim Smith
pictured, used
his GPS instrument to locate the site at German's Ck. GPS allowed us to
know how far into the bush we had travelled, an impossible task with only a
compass.
Numerous other spots were considered till all the evidence
pointed to the established cairn site.
Here Tim detects for bullet lead at Kellys Creek just recently.
More to come
The back
ground image is of Kelly camp circa 1883
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