Royal Commission report day 22 page 18
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8421 Would you have accepted his orders at once?— I would.
8422 Therefore it was as a matter of fact, because he did not do so, that you, believing you were in command, took the steps you did take?— Yes.
8423 Did the men ask you when you were going round whether you or Mr. O'Connor were in charge?— No.
8424 They accepted your orders?— Yes, and never asked.
8425 Do you recollect when Sergeant Steele advanced from Wangaratta with his party and came and took his position in the nearest post to the house?— Yes.
8426 He was the nearest constable?— Yes, to the house at the side.
8427 Was any firing going on then?— There was not.
8428 Was Sergeant Steele then your senior officer?— Yes.
8429 He would be, in fact, in charge of you?— I consider so.
8430 The moment he came upon the ground and you reported to him the position of affairs, by the rules of the service he was in charge of the party until Mr. Sadleir came, and by his position took the charge from him?— He did not wait for the report, for I understood he knew all about it.
8431 Who?— Sergeant Steele; he went straight and took a position. Constable Bracken was with him.
8432 That was the constable that went and brought him there?— Yes.
8433 And must have told him that the Kellys were there?— Yes.
8434 He went up at once to the front of the house, in the closest position?— Yes.
8435 Did you communicate to him the position of affairs?— No, I did not.
8436 Did you tell him that there were women in the house?— No.
8437 Had you at that time discovered Ned Kelly's rifle?— I had.
8438 Did you tell him you were afraid one of them had gone and you had the arms?— I did not; he did not wait for a second.
8439 How long after that officer took his position did Mr. Sadleir take the command or you report to him?— I suppose five or six minutes.
8440 As soon as you reported to Mr. Sadleir, you felt all responsibility off your shoulders?— I did.
8441 When Sergeant Steele took his position, you were at the back, north of Sergeant Steele towards the corner of the stockyard?— No, I went down to the drain after Sergeant Steele went over to his post.
8442 When Steele took his post, where were you?— Behind him.
8443 North of him?— North of him.
8444 Towards the stockyard fence?— Not so high up as the stockyard–right up to the end of the house like
8445 Did you, during the time between Mr. Hare's leaving and Mr. Sadleir's coming round, supply ammunition to the men surrounding the house, except on one occasion?— I did; I gave Constable Barry ammunition twice.
8446 How much?— I think I gave him a package once; I do not know how many the other time.
8447 Do you recollect Mr. Gaunson examining you in the court house, I being present, as to Mr. O'Connor's position on that occasion?— I do.
8448 What did you tell the court?— I told them the same as I have sworn here.
8449 How many rounds of ammunition did you fire?— I could not say how many.
8450 Were not you asked that at Beechworth?— I believe I was.
8451 Do you recollect what you said?— I do not, really.
8452 Did any superior officer to you go round the constables to see that they were all right at any time during the day?— I do not remember seeing any of them.....
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