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Royal Commission report day 28 page 9

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Story of the KellyGang - the Royal Commission evidence

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== 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="rc11137">[[#rc11137|11137]]</span> Could you be positive that [[Steele|Steele]] deliberately fired at that young fellow?— No, because he was the nearest to me, and had to fire past me.

<span id="rc11138">[[#rc11138|11138]]</span> You have no hesitation in saying Steele deliberately shot at the young fellow?— Yes, he shot at him

<span id="rc11139">[[#rc11139|11139]]</span> Did you see him fall?— Not with the shot Steele fired, but with another shot he fell in the door. I would not swear it was Steele fired that second shot.

<span id="rc11140">[[#rc11140|11140]]</span> Did Steele make any remark?— Not then. After the youth, a man came out with a child in his arms, and Sergeant Steele sang out to him to hold up his hands.

<span id="rc11141">[[#rc11141|11141]]</span> Did he do so?— He threw up his arm, and he fired at him. The man crept on his stomach, I and crept into the house.

<span id="rc11142">[[#rc11142|11142]]</span> Would that be the act of a sane man or a madman?— He seemed like as if he was excited. He fired from the tree when he first was there. He fired when I could see nothing to fire at.

<span id="rc11143">[[#rc11143|11143]]</span> You did not see that he had been drinking?— No. When he came first in the morning, he came to where [[SConst John Kelly|Constable Kelly]] and I were standing, and we went to tell him about the outlaws being in the house, and he would not wait; he rushed over to a tree close to the house leaving his men to place themselves.

<span id="rc11144">[[#rc11144|11144]]</span> He did not place his own men?— No, not his own men, or anything—he would not wait.

<span id="rc11145">[[#rc11145|11145]]</span> Who placed his men?— Senior-Constable Kelly took two, and the others went by themselves.

<span id="rc11146">[[#rc11146|11146]]</span> You recollect you are on your oath; are you quite positive in these statements you have made?— I am. ([[The Complete Inner History of the KellyGang and their Pursuers (66)|JJK]])

<span id="rc11147">[[#rc11147|11147]]</span> And that young Reardon was not crawling?— He was not, not when he came out.

<span id="rc11148">[[#rc11148|11148]]</span> And the man that held up his hands after, you say Steele fired at him?— Yes.

<span id="rc11149">[[#rc11149|11149]]</span> We have it in evidence that the elder Reardon fell upon his knees or belly, and crawled in?— That is what I say. I would not swear it was Reardon or young Reardon, but those that came out after Mrs. Reardon.

<span id="rc11150">[[#rc11150|11150]]</span> You have no doubt in your mind that this was a woman?— Any man could see her and hear her voice.

<span id="rc11151">[[#rc11151|11151]]</span> You had no suspicion in your mind that it was one of the outlaws?— None at all.

<span id="rc11152">[[#rc11152|11152]]</span> You could tell the voice?— Yes.

<span id="rc11153">[[#rc11153|11153]]</span> Sergeant Steele had the same opportunity of knowing that as you?— Just the same.

<span id="rc11154">[[#rc11154|11154]]</span> Did he make any remark when you said you would shoot him if he fired again?— No; the only one was that he had shot Mrs. Jones in the —

<span id="rc11155">[[#rc11155|11155]]</span> Were you at the capture of Ned Kelly?— I was.

<span id="rc11156">[[#rc11156|11156]]</span> About what time was that?— About a quarter past seven, or half past.

<span id="rc11157">[[#rc11157|11157]]</span> Was it pretty clear light?— It was foggy in the morning.

<span id="rc11158">[[#rc11158|11158]]</span> If it had not been foggy it would have been clear?— Yes.

<span id="rc11159">[[#rc11159|11159]]</span> Might that occur from the smoke from the guns?— No, I think not; it was a very foggy night all through.

<span id="rc11160">[[#rc11160|11160]]</span> Where were you when [[Ned Kelly|Ned Kelly]] first appeared coming in?— I was about 100 yards from the house at the Wangaratta end. After Steele fired at this woman I shifted back, took up another position at the log, and then shifted further back again. I had a Martini-Henry rifle; it was as good at 100 yards as at twenty, and I was afraid if I stopped too near I would hit some one the other side. I was kneeling down when I heard something behind me, and I turned round and saw—I could not make out what was coming from behind the bush, and I told him to keep back or he would be shot.

<span id="rc11161">[[#rc11161|11161]]</span> Were you the first that saw him?— I was. He made some rumbling noise through the helmet, and I said I would shoot if he came up, and with that he raised a revolver, and as he did so I fired at him, and he staggered, and then fired in the direction of me. The shot fell about half way. He could not raise his arm very well.....

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