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Story of the KellyGang - the Royal Commission evidence

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The Royal Commission evidence for 8/6/1881

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(see also introduction to day 27)

Mr Allen further examined

10937 Did Kelly appeal to any one to save his life?— He might have done, but I did not hear it; and I thought at the time it was simply the pain of the wounds, and that and rushing on him that made him roar out.

10938 Did he say anything at all?— It was a moment like before the helmet was taken off, and it all seemed smothered up like a rough voice in a speaking trumpet.

10939 You could not distinguish the words?— No.

10940 Did he speak after the helmet was taken off?— Yes, he said, “Give me a chance,” or “Let me live as long as I can.”

10941 What was the reply given to him?— I do not know that there was any particular reply, only every body seemed to be busy in seeing what was on him, and pulling it off, and getting him down to the railway station.

10942 Did a constable come up and kick him while he was down?— Yes, some chap named Dwyer jumped over and kicked him; in fact, Ned Kelly challenged him with it as soon as he came into the room at the station. He said, “You cowardly dog, you kicked me when I was down”; and Dwyer made answer and said, “No, but you are the cowardly dog, you killed my poor comrade.” “Who was your comrade?” says Kelly. Dwyer says, “Poor Lonigan.” He only said, “Look here, old man, when you were out there, did not you try to shoot me?” Dwyer said, “No.” “Then,” said Kelly, “you had no business there”; and Mr. Sadleir excused the man to the outlaw there in my presence, and said he had lost his temper, and was very sorry.

10943 Was Mr. Sadleir at the log when you captured Kelly?— No.

10944 Where did you see him?— At the station.

10945 After Ned Kelly was taken in?— Yes.

10946 How long after Kelly was taken?— Shortly after he was taken into the room. I was out side with the armour. We were weighing it, getting the weight of it in the scales.

10947 Did you stop in with Ned Kelly?— I was in there about quarter of an hour, not more.

10948 Did you see Mr. Sadleir about during the day?— When I went away Mr. Sadleir was on the platform, and after I came back, when Kelly was captured, I saw Mr. Sadleir there on the platform.

10949 Did you see him anywhere in the field?— No, it was on the platform I saw him.

10950 Did you see him out amongst the men during the day?— I left about nine o'clock . In fact, I came away with Mrs. O’Connor and her sister, and brought the telegram.

10951 You know nothing further of it?— No.

10952 Was your train fired at when you came opposite the Glenrowan hotel; did any ball strike your train ?— Not that I am aware of.

10953 Did you see any sign of shots being fired towards you?— No. Of course there was shooting going on, but I could not say that any came towards the train.

10954 If a shot had struck the wheel of the carriage you were in, would you have heard it with the noise and moving of the train?— No; lead hitting iron, the train in motion, I should not have heard it. If it had crashed through the window or wood of course I would have heard it.

10955 Did you see Countable Kelly during, the most of the time while you were going up to the capture of the outlaw?— Yes.

10956 Did he appear to be going away from it at any time?— I do not think he had the slightest intention to go away.

10957 Did he run away in any direction as if he wanted to get clear of him?— No; he shifted about from place to place to get the best cover he could, but always seemed to be getting closer up; in fact, he was closing on the right. I appeared to be the centre man, so that if I went right or left I would have been going away, but I went straight to him. They were going to him, but in a little more circular direction.

10958 Did you see any constable who had been firing at him running away after firing at him?— Yes, I did see some man go down towards the station. The thought struck me it was hardly any disgrace to be afeared, because it was not any use firing at him. I knew I was hitting him myself; it did not do any good.

10959 Were they running away?— I do not think they were running to run away altogether, but they went back, and very likely they came round again, but I was watching the one figure, and could not see everything.

10960 Did you see whether there were any shots fired at Kelly?— Yes, there were a great number of shots fired.

10961 Did it strike you those men were looking for fresh cover, or wanting to get out of the way?— Not exactly wanting to get out of his way. I think myself they thought it was very strange they could not bring him down.....

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