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Royal Commission report day 22 page 4

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 18/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 18/5/1881|day 22]])

'''SConst [[SConst John Kelly|Kelly]] giving evidence'''

<span id="rc8009">[[#rc8009|8009]]</span> Did you see the [[Stringy Bark Creek|horses]]?— I did. I was with Mr. Nicolson in the stable next morning. After returning from Sebastopol , I got instructions from Mr. Sadleir to go to [[Whorouly (2)|Whorouly]] and Constable [[Const Cornelius Ryan|Ryan]] from [[Greta|Greta]] would meet me there.

<span id="rc8010">[[#rc8010|8010]]</span> Was the horse that was found one horse or more do you remember?— There was one chestnut —a big chestnut—that I know. I rode him myself

<span id="rc8011">[[#rc8011|8011]]</span> Whose was that?— I think they had it for a pack horse—Sergeant [[Kennedy Sgt|Kennedy]]’s.

<span id="rc8012">[[#rc8012|8012]]</span> Did he belong to the police force?— Yes.

<span id="rc8013">[[#rc8013|8013]]</span> Did you observe the state he was in when he came in to the station, was he covered with marks or anything at all?— I did not notice any marks. They looked knocked up.

<span id="rc8014">[[#rc8014|8014]]</span> Had he marks of perspiration over him or anything of that sort?— I do not remember.

<span id="rc8015">[[#rc8015|8015]]</span> Had he been recently used?— There is no doubt he had been recently used.

<span id="rc8016">[[#rc8016|8016]]</span> Why do you say “no doubt”?— Because he had the appearance of being knocked up.

<span id="rc8017">[[#rc8017|8017]]</span> What was the appearance that made you think he had been recently used?— His sides were quite hollow, and he seemed to be recently worked.

<span id="rc8018">[[#rc8018|8018]]</span> Would you say whether he had had a week’s spell or had he been worked within a few days before?— I do not think he had had a week’s spell.

<span id="rc8019">[[#rc8019|8019]]</span> Do you think he had been worked by the outlaws or anyone else within a few days before?— I think so.

<span id="rc8020">[[#rc8020|8020]]</span> Go on with your narrative?— I was about three weeks at Whorouly with Constable Ryan, watching the Whorouly bridge.

<span id="rc8021">[[#rc8021|8021]]</span> What time was that?— About a week after coming down from the [[Woolshed|Woolshed]] in November.

<span id="rc8022">[[#rc8022|8022]]</span> 1878?— Yes, 1878.

<span id="rc8023">[[#rc8023|8023]]</span> It will be no use following up that narrative—is there anything of importance?— No, nothing of importance.

<span id="rc8024">[[#rc8024|8024]]</span> Only that you were out with search parties continually?— Yes.

<span id="rc8025">[[#rc8025|8025]]</span> Do you remember the time, or about the time, when the [[Joe Byrne|outlaws]] had killed [[Aaron Sherritt|Aaron Sherritt]]?—

<span id="rc8026">[[#rc8026|8026]]</span> Where were you then?— I was in Benalla.

<span id="rc8027">[[#rc8027|8027]]</span> At the time?— Yes.

<span id="rc8028">[[#rc8028|8028]]</span> What action was taken upon that?— Mr. [[Hare|Hare]] sent for me that [[ev80-06-28Glenrowan|Sunday]] afternoon, and said I was to bring down a horse with me to the telegraph office.

<span id="rc8029">[[#rc8029|8029]]</span> Where was Mr. Hare?— In the telegraph office. He came to the door and met me, and read a telegram to me. He said, “Aaron Sherritt is shot.”

<span id="rc8030">[[#rc8030|8030]]</span> What did you do then?— He told me to go over and see Mr. [[Benalla|Stevens]], the railway station master, and see if we could get a [[Railways|special train]]. I did so, and Mr. Stevens said, “Yes,” he would get one ready. I got instructions to get some provisions and get ready. I had everything ready, and gave instructions to the men that were to come. Mr. Hare gave me a list. There were Constable [[Const Daniel Barry|Barry]], [[Const William Canny|Canny]], [[Gascoigne|Gascoigne]], [[Kirkham|Kirkham]], [[Const Arthur|Arthur]], and [[Const W Phillips|Phillips]]. We went down to the train about half-past one.

<span id="rc8031">[[#rc8031|8031]]</span> On Sunday?— No, this was [[ev80-06-28Glenrowan|Monday]].

<span id="rc8032">[[#rc8032|8032]]</span> About half-past one in the morning?— Yes.

<span id="rc8033">[[#rc8033|8033]]</span> Just at midnight ?— Yes.

<span id="rc8034">[[#rc8034|8034]]</span> With horses ready and everything?— And a [[Railways|special train]] from Melbourne came with Mr. [[O'Connor|O'Connor]] and five trackers, and four gentlemen belonging to the press, and two ladies. We got the horses in, and made a start for [[Glenrowan|Glenrowan]]. I was in ——

<span id="rc8035">[[#rc8035|8035]]</span> You say you made a start for Glenrowan?— Yes, by the train.

<span id="rc8036">[[#rc8036|8036]]</span> Did you intend to stop at Glenrowan when you left Benalla?— No, we left for Beechworth.

<span id="rc8037">[[#rc8037|8037]]</span> Did you really intend to stop at Glenrowan?— I do not think it; at least I never heard anything about stopping at Glenrowan. All of the five constables got into the guards’ van. There was one, Constable Kirkham, he got in with the black trackers in the carriage—a first-class carriage.

<span id="rc8038">[[#rc8038|8038]]</span> He had some management of the black trackers?— He had. I was on the top step with the guard, and he had a lamp and this cleaning wadding that they have, and I kept the window clear watching the pilot engine. I mentioned in the stable before I left, to Constable [[Const Day|Day]], there is nothing surer than that the line would be pulled up, because I heard that they knew all our movements.....

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