[2] John, his brother David (ca.1847 – ), and Thomas Field from Gawler Town, a member of the same church who was staying with the Kerneys, determined on a life of crime.
John stole a double-barrelled gun from the carpenter Edward Warhurst, once Thomas's employer, of Sturt Street.
Police constable Doyle arrested John at his father's shop and on 5 November searched his house in Hanson Street, Adelaide, finding four pistols, a shotgun and stolen jewellery.
Thomas Field was apprehended at Strathalbyn by Paul Foelsche, later a noted police officer and photographer in the Northern Territory.
Public feeling was running high and the trial of John and David was postponed as it was feared the jury might be unduly prejudiced.