In 1878, after an incident at the Kelly home the 22-year-old Ned and his younger brother Dan went into hiding in the Wombat Ranges just to the north-east of Mansfield. Two police parties (one from Mansfield and one from Benalla) headed into the mountains to capture them. At Stringybark Creek (near Tolmie), on October 25, the two brothers, with two visiting companions (Steve Hart and Joe Byrne), surprised constables Lonigan and McIntyre at their camp. Lonigan had had a previous run-in with Ned at Benalla. Ned called for them to bail up. The unarmed McIntyre complied but Lonigan jumped behind a log. When he raised his head to fire he was shot by Kelly and died almost immediately.
Two other constables from the party were out searching for the brothers. McIntyre was advised that if he instructed his colleagues to surrender when they returned they would be allowed to return to Mansfield after donating their horses and guns.
As constables Scanlon and Kennedy rode into camp, McIntyre complied but his actions were taken as a jest. Kelly then appeared, demanding their compliance. Kennedy leapt from his horse firing. After getting off one shot, Scanlon was killed by Kelly before he could dismount. As Kennedy ran from tree to tree for cover he was shot in the armpit. A second bullet pierced him close to his heart then Kelly, who had fired both shots, advanced and shot him directly through the heart which, he said, was to prevent further suffering before an inevitable death.
McIntyre escaped during the fracas to spread the news. All four constables were of Irish descent (like the Kellys) and all were considered outstanding members of the force. The news shocked the country and caused considerable concern. As a consequence, the gang members were outlawed with 500-pound rewards offered for each man, alive or dead
