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Revision as of 16:31, 20 November 2015

Story of the KellyGang - the Royal Commission evidence

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The Royal Commission evidence for 6/7/1881

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full text

(see also introduction to day 36)

[[../../people/peD_G/fitzpatrickAPC.html|Const Alexander Fitzpatrick]] giving evidence

12823 Were you sitting down at the time?— I was standing up; Dan was sitting down to have something to eat. I was standing up alongside of him, with my right side to him.

12824 How far was Ned you when he fired?— About a yard and a half from me; he had just come from the side of the hut door. As soon as he had fired the first shot Mrs. Kelly seized an old shovel that was at the fireplace, and rushed at me with it.

12825 He missed you the first shot?— Yes. She rushed at me with this shovel and made a blow; at me, and smashed my helmet completely in over my eyes; and as I raised my hand to keep off the shovel Ned fired a second shot, and it lodged in my wrist. With that I turned to draw my revolver, and just as I slewed to the right Dan Kelly had my revolver pointed at me. He had snatched it while my attention was drawn to his mother and Ned .

12826 Where was Williamson?— He had come to the door of the bedroom, and Skillion; they both had revolvers in their hands; they were not in the hut when I came in.

12827 Were they in the hut when you were fired at?— Yes, just as the third shot went off.

12828 Was Skillion in the hut?— He came to the hut as soon as Ned Kelly had found out it was me Williamson came out of the bedroom door and had a revolver in his hand, and Skillion just came to the door while he was forcing himself in where Ned was standing.

12829 Then you had three men to fight besides Mrs. Kelly?— Yes; and Ned Kelly said, “That will do, boys.” If he had known it was Fitzpatrick he would not have fired a shot.

12830 When you left Benalla that morning were you under instructions to do a certain duty?— Yes.

12831 Who gave you the instructions?— Sergeant Whelan.

12832 What were the instructions?— The instructions came from head quarters

12833 What were they?— To take charge of Greta police station temporarily in the absence of Senior-Constable Strahan.

12834 Was Strahan away from his station?— He was.

12835 When you left Benalla it was for the purpose of taking Strahan's duty?— Yes.

12836 Did you ever do that duty; was it your first time of being ordered to do duty of that character, sole charge of a station?— Yes.

12837 Would it not have been your duty to have gone direct to take charge of the station where the man was not in charge?— The sergeant agreed with my suggestion by telling me the complaint against Dan Kelly, and to be careful with him.

12838 Did the officer at Benalla, Sergeant Whelan, know, when you left that morning, that you were to arrest Dan Kelly, if you got the chance?— Yes, he was aware of it.

12839 How was he?— Because I told him if I saw him on my way I would take him into Greta and bring him into Benalla and remand him to Chiltern the following day. I suggested that to him.

12840 Have you read Sergeant Whelan's evidence on that point?— No.

12841 Then you say you had told the officer who gave you the instructions that you would arrest Dan Kelly if you got the chance?— Yes.

12842 Was it he who told you of the warrant being out, or did you yourself see it in the Gazette notice?— I fancy I saw it.

12843 Did you go direct from Winton to Greta upon the Greta road that morning?— Yes.

12844 Were you at Lindsay's public house on that occasion, on the morning of your being shot?— No, not in the morning, it was in the afternoon.

12845 When you left there, what road did you go to Greta?— I turned off to the right by the Eleven-mile Creek.

12846 Did you go off that road to Kelly's house, or were you passing by the house; did you go by the slip-panel into his paddock?— No, I kept the road round the front past the place, and would have passed it if I had not intended to call there; I went to the back of the house.

12847 Was your officer quite aware that you were going to call at Kelly's house on your way to Greta?— I told him so.

12848 Was there a lock-up at Greta?— Yes.

12849 You know that?— Yes.

12850 Then it was your intention, with the knowledge of your officer, to arrest Dan Kelly on your way to Greta that morning?— Yes......

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