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Royal Commission report day 17 page 15

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/5/1881|day 17]])

''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' giving evidence'''

<span id="rc5165">[[#rc5165|5165]]</span> Where were you on the 3rd of November 1878 ?— I was at [[Mansfield|Mansfield]] .

<span id="rc5166">[[#rc5166|5166]]</span> There is something about a special train?— A [[Telegraph|telegram]] return to Benalla, and on our arrival there there was a special train to convey us to Beechworth.

<span id="rc5167">[[#rc5167|5167]]</span> What was the object of that special train?— It was to distribute the search parties round towards Beechworth.

<span id="rc5168">[[#rc5168|5168]]</span> Do you remember, or were you one of those that went with Mr.[[Sadleir|Sadleir]], Captain [[Standish|Standish]], and Mr. [[Nicolson|Nicolson]] to [[Sebastopol Cavalcade|Sebastopol]] ?— Yes.

<span id="rc5169">[[#rc5169|5169]]</span> You started from Beechworth?— Yes, and searched the ranges into Yackandandah on the 4th; and on the 5th searched the ranges into [[The Gap|the Gap]]; and on the 6th Mr. Sadleir met a large party of police at the Gap. I am not quite certain of the date.

<span id="rc5170">[[#rc5170|5170]]</span> How do you know that Mr. Sadleir met them; was he with your party?— He was not with any party, but he came to Sergeant [[Steele|Steele]]'s party.

<span id="rc5171">[[#rc5171|5171]]</span> You were at the Sebastopol business?— Yes.

<span id="rc5172">[[#rc5172|5172]]</span> Where did you start from to go to Sebastopol ?— [[Myrtleford|Myrtleford]].

<span id="rc5173">[[#rc5173|5173]]</span> Who was the officer then in charge over you?— Mr. Sadleir thought this one party was too large, and divided them into two, placing so many under [[SConst Flood|Flood]] and so many under Steele. Flood's party went to the Gap and Steele's party went on to Myrtleford. A despatch was sent from Beechworth ordering the two parties to return to Beechworth. The despatch reached us about two a.m. in the morning, but it was in the middle of the night.

<span id="rc5174">[[#rc5174|5174]]</span> Will you describe the Sebastopol business. Captain Standish's evidence at page 2 is:— “I arrived there about eight o'clock, had supper with Mr. Nicolson at one of the hotels at Benalla, and, whilst we were talking over matters afterwards, we received an urgent despatch from Superintendent Sadleir, who was up at Beechworth, saying that they had received information from a person in Beechworth that the Kellys had been at Sehastopol, and believed they were there now. I immediately ordered a special train, and proceeded, with Mr. Nicolson, nine mounted constables, and one black-tracker, to Beechworth.” Were you one of that number?— No.

<span id="rc5175">[[#rc5175|5175]]</span> Where did you meet this party?— We met them in Beechworth that day, late that morning, in clear daylight.

<span id="rc5176">[[#rc5176|5176]]</span> Where did you go then—how many were there altogether?— About 40, I should think, by a rough guess.

<span id="rc5177">[[#rc5177|5177]]</span> Did you march in open order?— In open order.

<span id="rc5178">[[#rc5178|5178]]</span> Make a great noise?— Well, of course, 40 horses would make a noise.

<span id="rc5179">[[#rc5179|5179]]</span> Were you told to load your arms?— No; we never knew what information we were going on.

<span id="rc5180">[[#rc5180|5180]]</span> Were your arms loaded?— Yes.

<span id="rc5181">[[#rc5181|5181]]</span> What were they?— I am not certain—the Martini-Henry or the gun.

<span id="rc5182">[[#rc5182|5182]]</span> Had you revolvers?— Yes.

<span id="rc5183">[[#rc5183|5183]]</span> Swords?— No.

<span id="rc5184">[[#rc5184|5184]]</span> You were one of the party of 40 from Beechworth to Sebastopol ?— Yes. We travelled on the main road for some little distance, and then turned off to the right. I suppose [[Anne and John Sherritt Snr|Sherritt]]'s is about six miles from Beechworth; and when we came within view of the place the party halted, and Mr. Nicolson picked out five or six—some of the men who knew Kelly.

<span id="rc5185">[[#rc5185|5185]]</span> Were you near enough to the three officers to hear who gave the orders?— Yes, I was in front. I understood it to be Mr. Nicolson, on account of going with the men.

<span id="rc5186">[[#rc5186|5186]]</span> What officer was in charge in your opinion?— I think it rested between Mr. Nicolson and Captain Standish.

<span id="rc5187">[[#rc5187|5187]]</span> A sort of divided responsibility?— Yes.

<span id="rc5188">[[#rc5188|5188]]</span> When you came in front of the hut, and the men were selected, what was done?— They rushed the house with Mr. Nicolson, and through some accident a shot went off against the door. As soon as the men in the distance heard this shot (I was one), we all rushed the house, and after some delay there, finding the outlaws were not there, we went on to Mrs. Byrne's' a distance of three miles.

<span id="rc5189">[[#rc5189|5189]]</span> What was the opinion?— That they were not there..........

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