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Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 37 page 27|previous page]] / [[Royal Commission report day 37 page 29|next page]]
== The Royal Commission evidence for 20/7/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 20/7/1881|day 37]])
'''SConst Patrick [[SConst P Mullane|Mullane]]''' '''giving evidence'''
<span id="rc13532">[[#rc13532|13532]]</span> Did you go out during the time Captain Standish was up?— I did. Captain [[Standish|Standish]] was in [[Benalla Police Station|Benalla]] during the time that the search parties were out.
<span id="rc13533">[[#rc13533|13533]]</span> He continued acting upon the system of Mr. [[Hare|Hare]] ; in fact, they were together at Benalla at the time?— Yes.
<span id="rc13534">[[#rc13534|13534]]</span> Were you one of Mr. [[Brooke Smith|Brook Smith]] 's party?— The only party I was with that he had charge of was one that started from Wangaratta one afternoon and went to [[Peechelba at kellyGang|Peechelba]]. There were fourteen or sixteen men, and the party divided there. We started from Wangaratta about three or four o'clock in the afternoon of, I think, the 6th November 1878 .
<span id="rc13535">[[#rc13535|13535]]</span> Will you describe how you proceeded, as nearly as you can?— We left Wangaratta; we were prepared to leave early in the day, but did not leave till three o'clock .
<span id="rc13536">[[#rc13536|13536]]</span> How did you come to remain till three?— I did not know the cause of the delay, but we were waiting for Mr. Smith to start; and I believe he was in consultation with some other officer in Wangaratta at the time, but of that I would not be certain.
<span id="rc13537">[[#rc13537|13537]]</span> Did you find any tracks?— We divided at Peechelba, and our party went to [[Lake Rowan|Lake Rowan]] and Mr. Smith 's party to [[Yarrawonga|Yarrawonga]].
<span id="rc13538">[[#rc13538|13538]]</span> So that you had nothing further to do with that party?— No. Some time after I was with another party that started from Wangaratta with Mr. Brook Smith , and on that occasion Mr. Nicolson was with it, and we went to [[Warby Ranges|Warby Ranges]] . We joined Mr. Sadleir with another party from Benalla, and some tracks were pointed out to the black trackers. The tracks were followed for a short distance by the trackers; they then left off and went into a spring that was there, and, like the other occasion, they did not seem inclined to follow the tracks, and the tracks were dropped.
<span id="rc13539">[[#rc13539|13539]]</span> Were they new tracks?— Perhaps a day or two old, or perhaps older.
<span id="rc13540">[[#rc13540|13540]]</span> Could you have followed the tracks without the trackers?— We could not.
<span id="rc13541">[[#rc13541|13541]]</span> Then, unless you have anything of exceptional interest, we will come to the cave party?— The first party left Beechworth for the cave on the [[events 1879-11/ 1879-12|3rd of December 1879]] .
<span id="rc13542">[[#rc13542|13542]]</span> How many were there in the cave?— Four went down— [[Const R Alexander|Alexander]] , [[Const Daniel Barry|Barry]] , Cox, and [[Const William Canny|Canny]].
<span id="rc13543">[[#rc13543|13543]]</span> What was to be their special duty?,—They were to remain in the cave during the day, and when night came on they were to watch [[Mrs Margaret Byrne|Mrs. Byrne]] 's house.
<span id="rc13544">[[#rc13544|13544]]</span> How far was the cave from Mrs. Byrne 's house?— About a mile or a mile and a half.
<span id="rc13545">[[#rc13545|13545]]</span> Under what instructions were they?— Constable Alexander was in charge of that party. We were under the impression that Byrne used to visit his mother's house, and Alexander was instructed that, if Byrne was found coming to the house, he was to secure him, if possible; if the other outlaws and himself were in company, they were to fire at and shoot them—[[Ned Kelly|Ned Kelly]] in particular, the tallest of the men. They were to be on their guard, not to allow themselves to be surprised on any account; also, to keep away from observation, so that neither Mrs. Byrne nor any person else would be aware of their presence there. They got arms, and they were to keep them and be always ready in case any attack should be made on them.
<span id="rc13546">[[#rc13546|13546]]</span> ''By Mr.'' ''Nicolson'' — was there a sentry to be kept at the cave?— I never heard of any instructions to keep one.
<span id="rc13547">[[#rc13547|13547]]</span> Was there one kept?— I did not know of it.
<span id="rc13548">[[#rc13548|13548]]</span> Do you not recollect that?— No.
<span id="rc13549">[[#rc13549|13549]]</span> ''By the Commission''— Those were the whole instructions?— Yes.
<span id="rc13550">[[#rc13550|13550]]</span> Did they adhere to those pretty carefully?— For two hours the man in charge was instructed to set by Mr. [[Nicolson|Nicolson]] and Mr. [[O'Connor|O'Connor]], myself and Detective [[Ward|Ward]], I believe, and the other men were called afterwards, before they started out, and all received those instructions.
<span id="rc13551">[[#rc13551|13551]]</span> Did they carry out those instructions?— I am not aware whether they did or not. I never visited them in the cave afterwards; Detective Ward did so.
<span id="rc13552">[[#rc13552|13552]]</span> Did you ever hear it was just possible they might have been found out there?— It was possible that they could be found out, but I never heard that they were until afterwards.
<span id="rc13553">[[#rc13553|13553]]</span> What was the first notice that you got?— Some person telling either Captain Standish or Mr. Hare at the depot that the party were there watching.....
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[[Royal Commission report day 37 page 27|previous page]] / [[Royal Commission report day 37 page 29|next page]]
== The Royal Commission evidence for 20/7/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 20/7/1881|day 37]])
'''SConst Patrick [[SConst P Mullane|Mullane]]''' '''giving evidence'''
<span id="rc13532">[[#rc13532|13532]]</span> Did you go out during the time Captain Standish was up?— I did. Captain [[Standish|Standish]] was in [[Benalla Police Station|Benalla]] during the time that the search parties were out.
<span id="rc13533">[[#rc13533|13533]]</span> He continued acting upon the system of Mr. [[Hare|Hare]] ; in fact, they were together at Benalla at the time?— Yes.
<span id="rc13534">[[#rc13534|13534]]</span> Were you one of Mr. [[Brooke Smith|Brook Smith]] 's party?— The only party I was with that he had charge of was one that started from Wangaratta one afternoon and went to [[Peechelba at kellyGang|Peechelba]]. There were fourteen or sixteen men, and the party divided there. We started from Wangaratta about three or four o'clock in the afternoon of, I think, the 6th November 1878 .
<span id="rc13535">[[#rc13535|13535]]</span> Will you describe how you proceeded, as nearly as you can?— We left Wangaratta; we were prepared to leave early in the day, but did not leave till three o'clock .
<span id="rc13536">[[#rc13536|13536]]</span> How did you come to remain till three?— I did not know the cause of the delay, but we were waiting for Mr. Smith to start; and I believe he was in consultation with some other officer in Wangaratta at the time, but of that I would not be certain.
<span id="rc13537">[[#rc13537|13537]]</span> Did you find any tracks?— We divided at Peechelba, and our party went to [[Lake Rowan|Lake Rowan]] and Mr. Smith 's party to [[Yarrawonga|Yarrawonga]].
<span id="rc13538">[[#rc13538|13538]]</span> So that you had nothing further to do with that party?— No. Some time after I was with another party that started from Wangaratta with Mr. Brook Smith , and on that occasion Mr. Nicolson was with it, and we went to [[Warby Ranges|Warby Ranges]] . We joined Mr. Sadleir with another party from Benalla, and some tracks were pointed out to the black trackers. The tracks were followed for a short distance by the trackers; they then left off and went into a spring that was there, and, like the other occasion, they did not seem inclined to follow the tracks, and the tracks were dropped.
<span id="rc13539">[[#rc13539|13539]]</span> Were they new tracks?— Perhaps a day or two old, or perhaps older.
<span id="rc13540">[[#rc13540|13540]]</span> Could you have followed the tracks without the trackers?— We could not.
<span id="rc13541">[[#rc13541|13541]]</span> Then, unless you have anything of exceptional interest, we will come to the cave party?— The first party left Beechworth for the cave on the [[events 1879-11/ 1879-12|3rd of December 1879]] .
<span id="rc13542">[[#rc13542|13542]]</span> How many were there in the cave?— Four went down— [[Const R Alexander|Alexander]] , [[Const Daniel Barry|Barry]] , Cox, and [[Const William Canny|Canny]].
<span id="rc13543">[[#rc13543|13543]]</span> What was to be their special duty?,—They were to remain in the cave during the day, and when night came on they were to watch [[Mrs Margaret Byrne|Mrs. Byrne]] 's house.
<span id="rc13544">[[#rc13544|13544]]</span> How far was the cave from Mrs. Byrne 's house?— About a mile or a mile and a half.
<span id="rc13545">[[#rc13545|13545]]</span> Under what instructions were they?— Constable Alexander was in charge of that party. We were under the impression that Byrne used to visit his mother's house, and Alexander was instructed that, if Byrne was found coming to the house, he was to secure him, if possible; if the other outlaws and himself were in company, they were to fire at and shoot them—[[Ned Kelly|Ned Kelly]] in particular, the tallest of the men. They were to be on their guard, not to allow themselves to be surprised on any account; also, to keep away from observation, so that neither Mrs. Byrne nor any person else would be aware of their presence there. They got arms, and they were to keep them and be always ready in case any attack should be made on them.
<span id="rc13546">[[#rc13546|13546]]</span> ''By Mr.'' ''Nicolson'' — was there a sentry to be kept at the cave?— I never heard of any instructions to keep one.
<span id="rc13547">[[#rc13547|13547]]</span> Was there one kept?— I did not know of it.
<span id="rc13548">[[#rc13548|13548]]</span> Do you not recollect that?— No.
<span id="rc13549">[[#rc13549|13549]]</span> ''By the Commission''— Those were the whole instructions?— Yes.
<span id="rc13550">[[#rc13550|13550]]</span> Did they adhere to those pretty carefully?— For two hours the man in charge was instructed to set by Mr. [[Nicolson|Nicolson]] and Mr. [[O'Connor|O'Connor]], myself and Detective [[Ward|Ward]], I believe, and the other men were called afterwards, before they started out, and all received those instructions.
<span id="rc13551">[[#rc13551|13551]]</span> Did they carry out those instructions?— I am not aware whether they did or not. I never visited them in the cave afterwards; Detective Ward did so.
<span id="rc13552">[[#rc13552|13552]]</span> Did you ever hear it was just possible they might have been found out there?— It was possible that they could be found out, but I never heard that they were until afterwards.
<span id="rc13553">[[#rc13553|13553]]</span> What was the first notice that you got?— Some person telling either Captain Standish or Mr. Hare at the depot that the party were there watching.....
=== Previous page / Next page ===
<br />
{{MicroficheCopy}}<br />
'''The [[Royal Commission report day 36 page 1|previous day]] / [[Royal Commission report day 38 page 1|next day]] . . . Royal Commission [[Royal Commission Index|index]]''' [[RC_index.html|RC_index.html]]
[[Category:Royal Commission]] [[Category:January 1720]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
MediaWiki:Sidebar
{{^|Original page location \documents\RoyalCommission\RC810720_37_28_13532.html}}
