The following morning Kennedy and Scanlan got their horses and started off to search the ranges, leaving M'Intyre and Lonergan in the camp; the former was acting as cook for the day. The camp consisted of a tent, which the men slept in. About two o'clock that day the two men left in camp were suddenly called on to "bail up and throw up their hands" by four armed men, who were presenting rifles at them. M'Intyre, being unarmed, immediately obeyed and threw up his hands, his revolver being inside the tent. Lonergan, instead of following the example, ran to get behind the shelter of a tree, at the same time drawing his revolver out of the case, but before he got to the tree he was shot in the forehead, and dropped down dead. The armed men were found to be Ned and Dan Kelly, Joe Byrne, and Steve Hart; they at once took possession of Lonergan's arms and all the other arms lying about the camp. M'Intyre was made to sit on a log, and he had a good opportunity of seeing the faces of the four men. Either Ned or Dan Kelly shot Lonergan, and M'Intyre states that Byrne and Hart were dreadfully cut up at the turn things had taken, especially Byrne, who was nervous and downcast. The bushrangers were evidently aware that Kennedy and Scanlan were away, and would shortly be returning. They arranged that M'Intyre would sit in some conspicuous place where he could be seen by his comrades, and they themselves laid down in some sheltered spot where they could not be seen, and they advised M'Intyre to induce Kennedy and Scanlan to surrender, saying that if they consented they would not be shot. M'Intyre told Kelly that he would induce his comrades to surrender, if he promised to keep his word. Kennedy and Scanlan rode into the camp. M'Intyre went forward and said, "Sergeant, I think you had better dismount and surrender, as we have been captured." Kelly at the same time called out, "Put up your hands." They both appear to have grasped the situation in a moment, for Scanlan threw himself from his horse to get behind a tree, but was shot before he reached the ground. Kennedy jumped from his horse, and getting the animal between him and the bushrangers, opened fire upon them. The horse bolted and passed close by M'Intyre, who vaulted on it and galloped off, throwing himself on the horse's neck. Several shots were fired, but, fortunately, none hit him, and he rode off as hard as he could. Kennedy was left then to fight these four scoundrels.