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Royal Commission report day 28 page 14

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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'''

[[#rc11277|11277]] Did you see [[Const Hugh Bracken|Bracken]] stand over and threaten to shoot anyone?— I heard him say, “Do not shoot him; he never did me any harm. I am going to take his part.”

[[#rc11278|11278]] Whom did he say that to?— Apparently to the lot.

[[#rc11279|11279]] Was anyone going to shoot him?— I never saw it. Of course they had a revolver of his in their hands.

[[#rc11280|11280]] Would anyone have had time to have said, “I swore I will be in at your death, and I will shoot you now”?— Yes, I heard Steele say that.

[[#rc11281|11281]] Did he make any movement to draw his revolver?— If I mistake not he had his revolver out. I am not sure about that. There were two or three revolvers out. I heard him make the remark, “I said I would be in at your death.”

[[#rc11282|11282]] Was it after that that Bracken said not to shoot him?— Yes.

[[#rc11283|11283]] What did Constable Bracken say—the exact words—do you remember?— [[Ned Kelly|Ned Kelly]] said “For God's sake do not shoot me”: and Bracken said, “I will look out for you, old man” —no, I could not be certain what the words were; but one stood over him in this position—[''indicating by gesture'']. I know he said something about taking his part.

''The witness withdrew.''

'''[[Const W Phillips|Const William Phillips]] sworn and examined''' .

[[#rc11284|11284]] ''By the Commission''— Were you in the North-Eastern district during the time of the Kelly outbreak?— Yes.

[[#rc11285|11285]] What time did you go there?—[[events 1879-05/ 1879-07at KellyGang|12th June 1879]].

[[#rc11286|11286]] What are you?— Mounted trooper.

[[#rc11287|11287]] Were you in any of the search parties?— No.

[[#rc11288|11288]] Where were you stationed?— At [[Benalla Police Station|Benalla]].

[[#rc11289|11289]] You remained at Benalla?— Yes.

[[#rc11290|11290]] You were never out with any of the parties?— No, not one.

[[#rc11291|11291]] You remember the time the Kellys were in [[Jones' Glenrowan Inn|Mrs. Jones's]]?— Yes.

[[#rc11292|11292]] Were you there then?— Yes.

[[#rc11293|11293]] What time did you come in the morning?— Three o'clock.

[[#rc11294|11294]] Then you arrived there with Mr. Hare?— Yes.

[[#rc11295|11295]] Did you go out with Mr. Hare when the train arrived?— Yes.

[[#rc11296|11296]] Were you with him at the time he was shot?— Yes.

[[#rc11297|11297]] How far from him?— Between five and ten yards to his left.

[[#rc11298|11298]] You were more in front?— No, he was opposite the fence of the house and I was to the left, [[Const Daniel Barry|Barry]] and [[Gascoigne|Gascoigne]] were there alongside of me.

[[#rc11299|11299]] Are you the constable that said at the barracks that you had not captured the Kellys because they had not come into the barracks yet?— Mr. Hare asked me, “How have you not caught them?” and I said, “They have not come into the camp yet.”

[[#rc11300|11300]] What did you mean?— I meant—he said, “What have you done since you have been up?” and I said, “I have not done anything, except practise shooting.”

[[#rc11301|11301]] You were at the barracks the whole time?— Yes.

[[#rc11302|11302]] Was that what you meant?— Yes.

[[#rc11303|11303]] Did you hear Mr. Hare say he was shot?— Yes, he said, “Good gracious, I am shot,” and I thought he was larking.

[[#rc11304|11304]] Did you see his hand fall?— No, the moment I heard bullets passing I fired, and he was there, shooting with his wound, right opposite the verandah.

[[#rc11305|11305]] Did he continue firing at all?— Yes, I think it was he fired the first shot.

[[#rc11306|11306]] After the first two shots from his gun did you see him load again?— No, but I saw him there shooting—I know he was there shooting.....

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