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Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 28 page 12|previous page]] / [[Royal Commission report day 28 page 14|next page]]
== The Royal Commission evidence for 9/6/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 9/6/1881|day 28]])
'''[[../../people/peA/arthurJPC.html|'''Const James Arthur''']] giving evidence'''
<span id="rc11248">[[#rc11248|11248]]</span> Did you receive any instructions during the day other than those you received early in the morning?— The only instruction I received was to come round and fire into the end of the house just before they burnt it.
<span id="rc11249">[[#rc11249|11249]]</span> That was all the instructions you received during the day?— Except when [[SConst John Kelly|Senior-Constable Kelly]] asked me to come round with him.
<span id="rc11250">[[#rc11250|11250]]</span> Did you see Constable [[Const T Dwyer|Dwyer]] round?— Yes.
<span id="rc11251">[[#rc11251|11251]]</span> What was he doing?— I saw him with a bottle of brandy or something in his hand.
<span id="rc11252">[[#rc11252|11252]]</span> Did you hear him giving any orders he had received from anybody?— No.
<span id="rc11253">[[#rc11253|11253]]</span> Did he give you any?— No, he never came where I was.
<span id="rc11254">[[#rc11254|11254]]</span> What weapon had he in his hand?— He had a bottle.
<span id="rc11255">[[#rc11255|11255]]</span> What had you?— A Martini carbine rifle.
<span id="rc11256">[[#rc11256|11256]]</span> Did you fall short of ammunition during the day?— No, I looked after that. I was served out with twenty rounds when I left Benalla, and I kept nearly all of it. I fired about ten when the outlaws were on the verandah, and I got five off Senior-Constable Kelly.
<span id="rc11257">[[#rc11257|11257]]</span> Was he serving ammunition round?— Not when he went with me.
<span id="rc11258">[[#rc11258|11258]]</span> Do you know whether he served ammunition round during the day or not?— He gave me five after he had been down to meet Mr. [[Sadleir|Sadleir]] and came back.
<span id="rc11259">[[#rc11259|11259]]</span> Did he say whether that was his own, or he had got it from the station?— No, he did not say. I said, had he any spare ammunition, and he gave me five.
<span id="rc11260">[[#rc11260|11260]]</span> Had he also a Martini carbine?— Yes, I think there were four carbines there and one long Martini-Henry; [[Gascoigne|Gascoigne]] had a long Martini-Henry rifle.
<span id="rc11261">[[#rc11261|11261]]</span> Do you remember seeing [[Ned Kelly|Ned Kelly]] 's helmet taken off?— It fell off.
<span id="rc11262">[[#rc11262|11262]]</span> Are you quite sure of that?— When I got there it was off, and no one had had time to take it off.
<span id="rc11263">[[#rc11263|11263]]</span> You were not present when he fell?— They had not time hardly to take anything off him— not the helmet.
<span id="rc11264">[[#rc11264|11264]]</span> Was his head towards the station house?— Yes.
<span id="rc11265">[[#rc11265|11265]]</span> And you swear that now—there is a great conflict of evidence about that?— He was going in this direction. Say there is [[Jones' Glenrowan Inn|hotel]]—[''explaining the same'']—he fell over a log. It would not be towards the station or the hotel, but in a line between them. He rolled over. They struggled when they came up; they tried to get up, and got half in a sitting position, and rolled over on his back.
<span id="rc11266">[[#rc11266|11266]]</span> Did you see the revolver taken from him?— No. Guard [[Dowsett|Dowsett]] , Senior -Constable Kelly , Sergeant [[Steele|Steele]] , and Constable [[Const Hugh Bracken|Bracken]], had hold of him at different places. We had made a rush to him the same time
<span id="rc11267">[[#rc11267|11267]]</span> Were Steele , Dowsett, Senior-Constable Kelly, and Bracken in and about the person of Ned Kelly before you were close to him?— No, I was not five yards off.
<span id="rc11268">[[#rc11268|11268]]</span> Were they closer than you?— Yes.
<span id="rc11269">[[#rc11269|11269]]</span> They would have a better opportunity of knowing the position than you?— No, they would not have time to shift him.
<span id="rc11270">[[#rc11270|11270]]</span> Would either of those four be in a better position to say whether the helmet fell off or whether it was taken off?— Yes, they would.
<span id="rc11271">[[#rc11271|11271]]</span> You are satisfied his head was towards the station?— I am, and then when I saw the lot on him, they had him safe enough, and no one to look at the house, as he had called out to the others to come out, “Come on boys, we have got them.” I left immediately to watch the house from the tree in case the others came out and fired on to the police.
<span id="rc11272">[[#rc11272|11272]]</span> You did not see anybody taking the revolver from him?— No, I cannot say who took it. One had hold of his arm, and one his beard, and another his arm.
<span id="rc11273">[[#rc11273|11273]]</span> Who had hold of his beard?— Senior-Constable Kelly and Bracken was standing over him.
<span id="rc11274">[[#rc11274|11274]]</span> Might you be mistaken on that?— No.
<span id="rc11275">[[#rc11275|11275]]</span> If anybody swore that Steele kind him by the beard, would it be true?— The lot of them might have got hold of him at different times.
<span id="rc11276">[[#rc11276|11276]]</span> The upshot is that you had not the same opportunity of observing the first struggle as others?— I had, except Kelly , Steele , and Dowsett.....
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[[Royal Commission report day 28 page 12|previous page]] / [[Royal Commission report day 28 page 14|next page]]
== The Royal Commission evidence for 9/6/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 9/6/1881|day 28]])
'''[[../../people/peA/arthurJPC.html|'''Const James Arthur''']] giving evidence'''
<span id="rc11248">[[#rc11248|11248]]</span> Did you receive any instructions during the day other than those you received early in the morning?— The only instruction I received was to come round and fire into the end of the house just before they burnt it.
<span id="rc11249">[[#rc11249|11249]]</span> That was all the instructions you received during the day?— Except when [[SConst John Kelly|Senior-Constable Kelly]] asked me to come round with him.
<span id="rc11250">[[#rc11250|11250]]</span> Did you see Constable [[Const T Dwyer|Dwyer]] round?— Yes.
<span id="rc11251">[[#rc11251|11251]]</span> What was he doing?— I saw him with a bottle of brandy or something in his hand.
<span id="rc11252">[[#rc11252|11252]]</span> Did you hear him giving any orders he had received from anybody?— No.
<span id="rc11253">[[#rc11253|11253]]</span> Did he give you any?— No, he never came where I was.
<span id="rc11254">[[#rc11254|11254]]</span> What weapon had he in his hand?— He had a bottle.
<span id="rc11255">[[#rc11255|11255]]</span> What had you?— A Martini carbine rifle.
<span id="rc11256">[[#rc11256|11256]]</span> Did you fall short of ammunition during the day?— No, I looked after that. I was served out with twenty rounds when I left Benalla, and I kept nearly all of it. I fired about ten when the outlaws were on the verandah, and I got five off Senior-Constable Kelly.
<span id="rc11257">[[#rc11257|11257]]</span> Was he serving ammunition round?— Not when he went with me.
<span id="rc11258">[[#rc11258|11258]]</span> Do you know whether he served ammunition round during the day or not?— He gave me five after he had been down to meet Mr. [[Sadleir|Sadleir]] and came back.
<span id="rc11259">[[#rc11259|11259]]</span> Did he say whether that was his own, or he had got it from the station?— No, he did not say. I said, had he any spare ammunition, and he gave me five.
<span id="rc11260">[[#rc11260|11260]]</span> Had he also a Martini carbine?— Yes, I think there were four carbines there and one long Martini-Henry; [[Gascoigne|Gascoigne]] had a long Martini-Henry rifle.
<span id="rc11261">[[#rc11261|11261]]</span> Do you remember seeing [[Ned Kelly|Ned Kelly]] 's helmet taken off?— It fell off.
<span id="rc11262">[[#rc11262|11262]]</span> Are you quite sure of that?— When I got there it was off, and no one had had time to take it off.
<span id="rc11263">[[#rc11263|11263]]</span> You were not present when he fell?— They had not time hardly to take anything off him— not the helmet.
<span id="rc11264">[[#rc11264|11264]]</span> Was his head towards the station house?— Yes.
<span id="rc11265">[[#rc11265|11265]]</span> And you swear that now—there is a great conflict of evidence about that?— He was going in this direction. Say there is [[Jones' Glenrowan Inn|hotel]]—[''explaining the same'']—he fell over a log. It would not be towards the station or the hotel, but in a line between them. He rolled over. They struggled when they came up; they tried to get up, and got half in a sitting position, and rolled over on his back.
<span id="rc11266">[[#rc11266|11266]]</span> Did you see the revolver taken from him?— No. Guard [[Dowsett|Dowsett]] , Senior -Constable Kelly , Sergeant [[Steele|Steele]] , and Constable [[Const Hugh Bracken|Bracken]], had hold of him at different places. We had made a rush to him the same time
<span id="rc11267">[[#rc11267|11267]]</span> Were Steele , Dowsett, Senior-Constable Kelly, and Bracken in and about the person of Ned Kelly before you were close to him?— No, I was not five yards off.
<span id="rc11268">[[#rc11268|11268]]</span> Were they closer than you?— Yes.
<span id="rc11269">[[#rc11269|11269]]</span> They would have a better opportunity of knowing the position than you?— No, they would not have time to shift him.
<span id="rc11270">[[#rc11270|11270]]</span> Would either of those four be in a better position to say whether the helmet fell off or whether it was taken off?— Yes, they would.
<span id="rc11271">[[#rc11271|11271]]</span> You are satisfied his head was towards the station?— I am, and then when I saw the lot on him, they had him safe enough, and no one to look at the house, as he had called out to the others to come out, “Come on boys, we have got them.” I left immediately to watch the house from the tree in case the others came out and fired on to the police.
<span id="rc11272">[[#rc11272|11272]]</span> You did not see anybody taking the revolver from him?— No, I cannot say who took it. One had hold of his arm, and one his beard, and another his arm.
<span id="rc11273">[[#rc11273|11273]]</span> Who had hold of his beard?— Senior-Constable Kelly and Bracken was standing over him.
<span id="rc11274">[[#rc11274|11274]]</span> Might you be mistaken on that?— No.
<span id="rc11275">[[#rc11275|11275]]</span> If anybody swore that Steele kind him by the beard, would it be true?— The lot of them might have got hold of him at different times.
<span id="rc11276">[[#rc11276|11276]]</span> The upshot is that you had not the same opportunity of observing the first struggle as others?— I had, except Kelly , Steele , and Dowsett.....
=== Previous page / Next page ===
<br />
{{MicroficheCopy}}<br />
'''The [[Royal Commission report day 27 page 1|previous day]] / [[Royal Commission report day 29 page 1|next day]] . . . Royal Commission [[Royal Commission Index|index]]'''
[[Category:Royal Commission]] [[Category:April 1609]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
MediaWiki:Sidebar
{{^|Original page location \documents\RoyalCommission\RC810609_28_13_11248.html}}
