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Royal Commission report day 22 page 13

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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="rc8284">[[#rc8284|8284]]</span> Was not that the most exposed position of the whole service?— Yes.

<span id="rc8285">[[#rc8285|8285]]</span> Did not it take you amongst all the Kellys and Quinns up there?— Yes.

<span id="rc8286">[[#rc8286|8286]]</span> And the most exposed position of the lot?— Yes.

<span id="rc8287">[[#rc8287|8287]]</span> You stated that you came to [[Whorouly (2)|Whorouly]]?— Yes.

<span id="rc8288">[[#rc8288|8288]]</span> Was not that also a most exposed position?— It was.

<span id="rc8289">[[#rc8289|8289]]</span> When you came to Glenrowan with Mr. Hare's party, you were the senior officer of the Victorian police — at least you were constable of police, and were senior of the police force under Mr. Hare?— Yes.

<span id="rc8290">[[#rc8290|8290]]</span> After the capture of Ned Kelly, did you receive any instructions to go to any particular place — to go to [[Greta|Greta]]?— I did.

<span id="rc8291">[[#rc8291|8291]]</span> What was the position of Greta?— I was going to be sent to live in the hotel with three constables.

<span id="rc8292">[[#rc8292|8292]]</span> Had you been just lately married at the time?— Yes.

<span id="rc8293">[[#rc8293|8293]]</span> How long had you been married at the time?— Two or three months.

<span id="rc8294">[[#rc8294|8294]]</span> Did you always show the utmost readiness to go to the front in the most exposed positions — Hedi, and all those places?— I did.

<span id="rc8295">[[#rc8295|8295]]</span> Do you recollect meeting, me about Hedi by yourself?— I do.

<span id="rc8296">[[#rc8296|8296]]</span> In the most exposed part up there?— Yes.

<span id="rc8297">[[#rc8297|8297]]</span> Alone, and by yourself?— Yes.

<span id="rc8298">[[#rc8298|8298]]</span> And I asked you what brought you here?— Yes, I remember that.

<span id="rc8299">[[#rc8299|8299]]</span> And my saying to you, “Do not you think you had better have some men with you,” thinking it queer you should be by yourself in that exposed position?— There was one constable with me then.

<span id="rc8300">[[#rc8300|8300]]</span> You recollect that?— I do.

<span id="rc8301">[[#rc8301|8301]]</span> Did you ever show the slightest reluctance to do your duty, or go to the post of danger?— I did not.

<span id="rc8302">[[#rc8302|8302]]</span> You asked for the record sheet, I believe. I did not see the object of it before, when I think I see it now. Did you refuse to go to Greta?— I told Mr. [[Sadleir|Sadleir]] I did not like to be sent there. I was after giving evidence in the police court. I was the only member of the force who gave evidence against him in the [[Beechworth Court|Beechworth court]] at that time, and I was advised by people friendly to me to leave the district.

<span id="rc8303">[[#rc8303|8303]]</span> Do you know that after the murder by the Kellys, that so important was the evidence required of [[McIntyre|McIntyre]], that he was ordered away down here, so as to be available for the service?— Yes, he was sent to the depot.

<span id="rc8304">[[#rc8304|8304]]</span> Was he ordered here for his own safety?— For his own safety.

<span id="rc8305">[[#rc8305|8305]]</span> And for the protection of Crown evidence?— That is what I understand.

<span id="rc8306">[[#rc8306|8306]]</span> When you were ordered to Greta, were you one and the only constable examined as against Ned Kelly?— At the police court in Beechworth.

<span id="rc8307">[[#rc8307|8307]]</span> Was the Greta station then the most dangerous position for you to be went to?— I think it was the most in the district.

<span id="rc8308">[[#rc8308|8308]]</span> Is that the nearest to Kelly's place?— Yes.

<span id="rc8309">[[#rc8309|8309]]</span> To Lloyd's place?— Yes, to [[Tom Lloyd Jnr|Tom Lloyd's]] place.

<span id="rc8310">[[#rc8310|8310]]</span> Is it nearest to people who are accused of being the most active sympathizers?— Yes.

<span id="rc8311">[[#rc8311|8311]]</span> Right in the very centre?— Yes.

<span id="rc8312">[[#rc8312|8312]]</span> Was it personal fear, what is called cowardice, that made you ask of your officer to be sent to anywhere but Greta?— It was not. Mr. Sadleir told me that Mr. Nicolson wanted a report from me, to ask my reason for not going there. I think my report is upon the 16th of September.

<span id="rc8313">[[#rc8313|8313]]</span> What did you report?— If the report could be produced I should like it.

<span id="rc8314">[[#rc8314|8314]]</span> You can say what it was—give the general tenor of your report?— I think I have a copy of it — [''handing in a paper which was read by the Chairman as follows'':—]

''(Copy.)''

North-Eastern Police District, Benalla Station, 16th September 1880 .

''Report of Senior-Const. Kelly relative to be transferred to Greta.''

I beg to inform the superintendent that my reason for asking him not to transfer me to the station referred to is the prominent part which I took in the capture and destruction of the Kelly gang, and the well-known feeling which exist against me there. I am the only member of the force in this district who gave evidence against Ned Kelly, and I have been advised, by many persons friendly to me, to endeavor to get removed from this district, as after the execution of Edward Kelly, there will be a much more bitter feeling of hatred against certain members of the force—myself in particular; and that sooner or later some serious or fatal violence will be committed on me. I do not desire to avoid going to live at Greta from any personal fear of such consequences; but I think that the ill-feeling which exist against me there would be a serious obstacle to the efficient performance of my duties. My being sent there will be looked upon us a challenge to the friends and sympathizers of the families connected with the outlaws, and will result as above referred to. I may remind the superintendent that, being on leave at the time of the murders of the police at the Wombat, I at once threw up my leave and returned to Benalla, and went into the bush with a party of men, and have been for nearly two (2) years exposed to the hardships of the search. Moreover, there is no place at Greta at which I can live, except Mrs. O'Brien's public-house. Her position respecting the Kellys is pretty well known, and I should receive but little consideration from her. I therefore trust that I shall be permitted to perform my duties in some locality where I can place my wife in a suitable home.

The Superintendent of Police, Benalla

JOHN KELLY, Senior-Const.1925....

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