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Royal Commission report day 22 page 17

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Story of the KellyGang - the Royal Commission evidence

[[Royal Commission report day 22 page 16|previous page]] / [[Royal Commission report day 22 page 18|next page]]

== 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="rc8390">[[#rc8390|8390]]</span> You say you knew how the men of Mr. Hare’s party were armed. How many of the party had double shot guns?— Only one.

<span id="rc8391">[[#rc8391|8391]]</span> Who was that?— [[Const William Canny|Canny]].

<span id="rc8392">[[#rc8392|8392]]</span> No officer?— Mr. Hare had a double shot gun.

<span id="rc8393">[[#rc8393|8393]]</span> Then if the doctor’s evidence gave a sworn statement that the wound in the hand which disabled [[Ned Kelly|Kelly]] from shooting was from a pellet, which is similar to the one used in the cartridges by the police, and that it was in the early part of the tight, must it have been either from the gun of Mr. [[Hare|Hare]] Constable Canny?— Yes.

<span id="rc8394">[[#rc8394|8394]]</span> Must have been?— Must have been.

<span id="rc8395">[[#rc8395|8395]]</span> No other man had a double shot gun?— No other man had a double shot gun.

<span id="rc8396">[[#rc8396|8396]]</span> Have you ever opened the cartridges with which those guns were loaded?— I have.

<span id="rc8397">[[#rc8397|8397]]</span> What is the description of the charge?— Eighteen pellets and the wire cartridge.

<span id="rc8398">[[#rc8398|8398]]</span> The wire cartridge is the casing of the pellets?— Yes; there are eighteen in one. We used pellets in one, and wire in the other.

<span id="rc8399">[[#rc8399|8399]]</span> Are there not pellets in both?— Those are BB shot.

<span id="rc8400">[[#rc8400|8400]]</span> Not so large as the other?— No.

<span id="rc8401">[[#rc8401|8401]]</span> If the doctor says that the wounds inflicted on Ned Kelly were not recent, had been done prior to the shooting by Steele, and that he had a wound in the arm, and it was effected by a pellet similar to the ones the police were armed with, would you say it was one of the two persons that were named with the gun that did it?— Yes, certainly.

<span id="rc8402">[[#rc8402|8402]]</span> How many men fired at him, when he stumbled at the tree, with double — barrelled guns?— Do you know?— None but Sergeant Steele.

<span id="rc8403">[[#rc8403|8403]]</span> Was Sergeant Steele armed with a double — barrelled gun too?— Yes.

<span id="rc8404">[[#rc8404|8404]]</span> Was he armed all through that day with the double — barrelled gun?— Yes.

<span id="rc8405">[[#rc8405|8405]]</span> To your knowledge?— Yes.

<span id="rc8406">[[#rc8406|8406]]</span> If shots were taken out of his leg similar to the shots which he was wounded with in the morning would that indicate to you that he was shot in the legs by [[Steele|Steele]]?— Yes.

<span id="rc8407">[[#rc8407|8407]]</span> Do you think that if a woman swears she was shot at by Constable Steele, and that the bullet went through her shawl and cut a bullet hole through, Sergeant Steele being armed with a double-barrelled gun and wire cartridges, could that be true?— It could not.

<span id="rc8408">[[#rc8408|8408]]</span> It could not be true?— No.

<span id="rc8409">[[#rc8409|8409]]</span> Who was the first constable you saw shoot Ned Kelly, when he was coming down that day?— I think Constable [[Const Arthur|Arthur]].

<span id="rc8410">[[#rc8410|8410]]</span> And he fired more than one shot at him?— He did.

<span id="rc8411">[[#rc8411|8411]]</span> Did Ned Kelly attempt to shoot him?— He did, he fired at him.

<span id="rc8412">[[#rc8412|8412]]</span> Could you ascertain in the morning about how many constables fired the first volley against the outlaws, when they fired?— I could not say how many fired.

<span id="rc8413">[[#rc8413|8413]]</span> Did you fire?— I did.

<span id="rc8414">[[#rc8414|8414]]</span> Is it true that you went round the station during the whole time that elapsed between the leaving of Mr. Hare in the train, and the taking charge of Mr. Sadleir?— Yes, I went round.

<span id="rc8415">[[#rc8415|8415]]</span> All that time you have sworn that to your knowledge Mr. [[O'Connor|O'Connor]] was inside the railway fence, in the drain that you h eve mentioned?— Yes.

<span id="rc8416">[[#rc8416|8416]]</span> Do you say that from not seeing him elsewhere or, how do you arrive at the knowledge?— I never had seen him at any other place all the time.

<span id="rc8417">[[#rc8417|8417]]</span> Then you only say that he was there from the fact of your not seeing him?— Yes.

<span id="rc8418">[[#rc8418|8418]]</span> Had you any knowledge whether you were the responsible officer in charge from anything that was said to you from the time of Mr. Hare’s departure till you reported the position to Mr. Sadleir?— I considered that I was. I had all responsibility, I never looked upon Mr. O'Connor except just as in charge of the blacks.

<span id="rc8419">[[#rc8419|8419]]</span> You felt the responsibility was upon you?— Yes.

<span id="rc8420">[[#rc8420|8420]]</span> When Mr. Hare called upon Mr. O'Connor and the black boys to come forward, that he was wounded, and you saw your officer retreat or go away from the wounds; if Mr. O'Connor had then and there come forward and taken the command, would you have accepted his orders?— I would assist.....

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