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Royal Commission report day 22 page 8

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 18/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 18/5/1881|day 22]])

'''SConst [[SConst John Kelly|Kelly]] giving evidence'''

[[#rc8129|8129]] Five?— No, I do not think five.

[[#rc8130|8130]] Two?— It might be a couple of minutes.

[[#rc8131|8131]] Between two and five minutes?— Yes.

[[#rc8132|8132]] Had you any conversation with him?— There were two black trackers with him.

[[#rc8133|8133]] Two drains have been mentioned as the position in which Mr [[O'Connor|O’Connor]] was upon that day.

[[#rc8134|8134]] Is the drain within the railway fence?— Yes.

[[#rc8135|8135]] What is the fence composed of between that and the [[Jones' Glenrowan Inn|Jones's house]]?— There is one rail—a top rail, about four by one.

[[#rc8136|8136]] And how many wires?— Four or five wires; I could not say how many.

[[#rc8137|8137]] Four or five wires and a top rail?— Yes. I asked Mr. O'Connor to come round—that we would place the men.

[[#rc8138|8138]] Did the men come outside of the drain, outside the fence, and go round the house?— Yes, to surround the house. He said no, he would stop there. I went away then around; I went under the culvert—that culvert leading from that drain—[''pointing to map'']—and came out the other side.

[[#rc8139|8139]] That is the Wangaratta side of the house?— No; the Benalla side.

[[#rc8140|8140]] You went down the drain?— Yes, and crossed under the culvert to, the other side.

[[#rc8141|8141]] That is the Benalla side?— Yes.

[[#rc8142|8142]] What constable did you meet first?— [[Const Arthur|Arthur]].

[[#rc8143|8143]] What did you say to him?— I asked where the rest of the men were. He pointed out [[Gascoigne|Gascoigne]] [[Const W Phillips|Phillips]].

[[#rc8144|8144]] Where was Gascoigne?— Nearest to the house.

[[#rc8145|8145]] Up the road towards the Sydney road?— At the end of the house on the Benalla side.

[[#rc8146|8146]] That is the south end of the house?— Yes.

[[#rc8147|8147]] Did you go to him?— I went further on, and I found [[Kirkham|Kirkham]].

[[#rc8148|8148]] That was the next man?— That was the next man. He had a black tracker with him.

[[#rc8149|8149]] Is that Hero, do you think?— No.

[[#rc8150|8150]] Then that is two black trackers?— Yes.

[[#rc8151|8151]] You account now for one, and Barry says that one was with Kirkham; that is two?— The next I met with Constable [[Const Daniel Barry|Barry]].

[[#rc8152|8152]] That is the third man and two black trackers at the end?— Yes. I told Barry it was a good position, and to keep it. He was behind a tree, and he had a good view of the back of the hotel.

[[#rc8153|8153]] He was still upon the south side?— Yes.

[[#rc8154|8154]] Would that be in a line where the bodies of the two outlaws were found afterwards?— Yes. I gave them some ammunition.

[[#rc8155|8155]] What ammunition?— Martini-Henry.

[[#rc8156|8156]] You did not tell us where you got that ammunition?— I gave him some of my own. I had none from the railway station then. I took Constable [[Const Arthur|Arthur]] with me. I told them I would go round, and went to the other side of the house.

[[#rc8157|8157]] Where did you find Arthur?— He was the first I found at-the back, and where Phillips and Gascoigne were. I took him further back.

[[#rc8158|8158]] To see that the line was completed?— Yes. Constable Kenny I did not see, but he told me after that he had a position to the right of Mr. O'Connor, and a black tracker was with him.

[[#rc8159|8159]] In front of the house?— Yes. I went to the north. When we got round to the north side of the house, crawling up upon our knees, we came upon [[Ned Kelly|rifle and a skull-cap]].....

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