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== ==
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== Importance of Const Alexander Wilson Fitzpatrick No 2867 ==
I have been demonised as being accused as the person who single handily caused the '''KellyGang'''. I was just trying to do my job. I got on well with these chaps and I even had a few drinks with Ned Kelly. My bosses in the police demanded that we deal with cattle and horse thieves. The '''KellyGang''' were well known and I thought that I was doing the right thing by going to make an arrest. Other officers had been frightened off. After the Mansfield Murders I knew that I had no future in the police and it was only a matter of time before the system go to me [[KellyGang|KellyGang]] ''''''
=== Links to the ===
=== KellyGang ===
=== below ===
'''''' [[#2|Early Years]] , [[#15/4/1878|"Fitzpatrick Incident]]" , [[#26/10/1878|Murders at Stringy Bark Creek]] , [[#7/11/1878|Sebastopol Cavalcade]] , Euroa Robbery , Jerilderie Robbery , Autum 1879 , [[#6/7/1879|Hare replaced by Nicolson]], [[#6|Spring 1879 Early 1880]] , Death of Aaron Sherritt , Glenrowan Siege , Ned Kelly's Trial , [[#9|Royal Commission]] , '''Early service''' , [[#12|Later life]] , Family ,
== Links to the KellyGang ==
'''Photograph''' '''Early Years''' I was one of six children born to Charles Fitzpatirck. My mother's name hand been Jane Neilson. I was born in 1856 in Victoria.
I had been a boundary rider before I joined the police. I joined them after being recommended by Mr CA [[Smyth|Smyth]]. ([[Royal Commission report day 1 page 17|RC182]]). I was about 21 when I joined in April [[1874-1877 Events|1877]] at the police depot at [[Richmond|Richmond]]. In August I got posted to [[Benalla Police Station|Benalla]] under Sgt [[Whelan|Whelan]] . He rode me rather hard and got me to work on the [[Greta|Greta]] Mob. I became friends with [[Ned Kelly|Ned Kelly]]. Some said this was part of a plan to get in close to Ned so that Whelan could take him down a peg or two.
Anyway Ned came to Benalla on 17/9/1877 and he started drinking. Some say that I drugged Ned. After he had drinking for a while I saw that he was drunk on his feet. He then hopped on his horse and rode it over the foot path. I then arrested him for beinging drunk and disorderly and for riding on the foot path and took him down to the police station and we put him in the cells for the night.
In the morning Sgt [[Whelan|Whelan]] joined by Constables [[Lonigan|Lonigan]], and [[Const Day|Day]] and escorted Ned Kelly to the [[Benalla Court|court house]] from the [[Benalla Police Station|police station]] cells. He suggested that he should not be handcuffed for this trip which he did not appreciate. He broke free and headed for King's boot makers shop. In the course of the attempted arrest in the shop I endeavoured to catch Ned Kelly by the foot, and in the struggle I tore the sole and heel off Ned Kelly's boot. Ned Kelly hit me and sent him sprawling against the wall. To stop Ned Kelly the other police had disable him. Eventually Constable Lonigan got the better of him.
The [[Benalla Court|court]] fined Ned Kelly 1 shilling or 4 hours imprisonment for being drunk and 2 pounds or 1 month for assaulting police and an additional 2 pounds or 1 month for resisting arrest. He also had to pay me 5 shillings for damage to my clothing.
Ned Kelly mentioned this incident in his Cameron [[Cameron Letter|Letter]], he said:
<blockquote>'...I could not be more sorry for them, with the exception of [[Lonigan|Lonigan]] I did not begrudge him what bit of lead he got as he was the beastliest meanest man that I had any account against for him. I could not be more sorry for them, with the exception of Lonigan I did not begrudge him what bit of lead he got as he was the beastliest meanest man that I had any account against for him. [[Fitzpatrick|Fitzpatrick]], Sergeant [[Whelan|Whelan]], Constable [[Const Day|Day]] and King, the Bootmaker, once tried to hand-cuff me at Benalla and when they could not Fitzpatrick tried to choke me, [[Lonigan|Lonigan]] caught me by the privates and would have killed me but was not able. Mr McInnes came up and I allowed him to put the hand-cuffs on when the police were bested.'
See also the [[Jerilderie Letter (2)|Jerilderie Letter]]
He gave another version to the press ([[The Age (35)|Age9/8/1880]])
</blockquote>
I am mentioned by the '''KellyGang''' in the Cameron [[Cameron Letter|letter]] as being a member of a search party with Sgt [[Steele|Steele]] and Const [[Strahan|Strahan]] to the [[Kelly Home|Kelly home]] for [[Ned Kelly|Ned Kelly]] and a man called Newman who had escaped from the police at Wangaratta.
see also ([[The Argus (35)|Argus5/7/80]])
'''"The Fitzpatrick Incident" at Mrs Kelly's [[15-04-78 Fitzgerald incident|home15/04/1878]]''' Commissioner [[Standish|Standish]] gave a good description as to what happened to me in his opening remarks to the Royal Commission. He described this incident as a significant part of the reason for the '''KellyGang''' outbreak ([[Royal Commission report day 1 page 1|RC 1]]) See also. ([[The Argus at KellyGang 17/4/1878|Argus17/4/78]]) ([[The Argus at KellyGang 22/4/1878|Argus22/4/78]]) ([[The Argus at KellyGang 8/8/1880|Argus10/8/80]]) ([[The Last of the Bushrangers Chapter 5 page 2|FH]]) ([[The True of Bushrangers Chapter 4 page 1|CHC]]) ([[Cookson, 28_08_1911_1|BWC]]) ([[Sydney Sun, Cookson, 30_08_1911_2|BWC]]) ([[Cookson, 07_09_1911_3|BWC]]) ([[Cookson, 23_09_1911_1|BWC]]) but see [[[The Complete Inner History of the KellyGang and their Pursuers (11)|JJK]])
I had been at [[Cashel|Cashel]] to look after a [[races|race]] meeting. I was late coming back to the Benalla police barracks. When I eventually returned Sgt [[Whelan|Whelan]] sent him to [[Greta|Greta]] while Const [[Strahan|Strahan]] was on leave for a few days. ([[Royal Commission report day 19 page 1|RC5944]]) ([[Royal Commission report day 19 page 1|RC5945]])
Perhaps Whelan had authorised me to try and arrest [[Dan Kelly|Dan Kelly]], perhaps it was a last attempt to get back in my superior officers good books.
I noticed in the police gazette that there was a warrant issued by the Chiltern bench for the arrest of Dan Kelly and John [[Jack Lloyd Jnr|Lloyd]]. ([[Royal Commission report day 36 page 4|RC12812]])
I had a few drinks on the way including at [[Lindsay's Shanty|Lindsay's shanty]] at [[Winton|Winton]] and I was quite happy by the time I got to [[Kelly Home|Mrs Kellys home]]. I spent about an hour talking to [[Kate Kelly|Kate]] and [[Mrs Ellen Kelly|Mrs Kelly]] before Dan finally arrived.
Dan said that he was agreeable to being arrested but he wanted some dinner first. About this time [[Ned Kelly|Ned Kelly]] came in and shot me in the wrist. I cut the bullet out with a penknife and Mrs Kelly bandaged my hand.
At about 10pm I arrived back at [[Lindsay's Shanty|Lindsay]]'s shanty and there I had my wrist rebandaged. Lindsay brought me back to Benalla. I arrived home about 2am. The '''KellyGang''' set out Ned [[Ned Kelly|Kelly]]'s side of these events in the Cameron [[Cameron Letter|letter]]. (see [[Royal Commission report day 36 page 4|RC12821]]) ([[Royal Commission report day 36 page 5|RC12841]])
I saw Sgt [[Whelan|Whelan]] when I got back to Benalla. [[Nicholson|Dr Nicholson]] was good enough to come over and he bandaged my wrist properly. I told Whelan what happened ([[Royal Commission report day 19 page 1|RC5948]])
Later in the morning of 16 April [[15-04-78 Fitzgerald incident|1878]] warrants were issued for the arrest of Ned [[Ned Kelly|Kelly]], Dan [[Dan Kelly|Kelly]], Mrs [[Mrs Ellen Kelly|Kelly]], [[William Skillion|Skillion]] and Brickey [[William Williamson, Brickey|Williamson]] for the attempted murder of me. The Kelly boys shot through and were not prepared to face court.
Mrs Kelly, Skillion and Williamson were committed in [[Benalla Court|Benalla]]
(see my evidence at first remand hearing([[The Argus at KellyGang 22/5/1878|Argus22/5/78]]))
Their trial was held in [[Beechworth Court|Beechworth]] before Judge [[Redmond Barry|Barry]] on October [[17/4-4/10/78 Events|1878]]. They were found guilty and sent to goal.
Soon after this I was moved to Melbourne for my own safety, that is what I was told
Ned Kelly is the man who in the Cameron [[Cameron Letter|letter]] accused me of selling my sister to a [[Chinese|chinaman]]. People who make claims like that deserve to be shot like dogs. That is about the worst insult I have ever heard. Listen to what he had to say and make your own mind up:
<blockquote>'I have been told by Police that he is hardly ever sober, also between him and his father they sold his sister to a chinaman, but he seems a strapping and genteel looking young man and more fit to be a starcher to Laundry than a trooper, but to a keen observer, he has the wrong appearance to have anything like a clear conscience or a manly heart. The deceit is too plain to be seen in the White Cabbage hearted looking face,..'
</blockquote>
Ned Kelly gave another version to the press ([[The Age (35)|Age9/8/1880]]) see also ([[The Argus at KellyGang 8/7/1880|Argus8/7/80]])
'''Later'''
I went out on a search party from Benalla with Const [[Lonigan|Lonigan]]. ([[Royal Commission report day 36 page 10|RC12941]])
See also ([[The Last of the Bushrangers Chapter 7 page 5|FH]]) for a defence of my actions
'''Murders at Stringy Bark Creek in the Wombat Ranges 26/10/1878''' I was not stationed in the North-Eastern district at the time. I had been just transferred from there to Melbourne, to the [[Richmond|Richmond]] Depot for my own safety after a time at [[Benalla Police Station|Benalla]] and [[Beechworth|Beechworth]]. ([[Royal Commission report day 36 page 4|RC12805]])
I asked Sup [[Hare|Hare]] to be good enough to allow me to proceed to the North-Eastern district as I knew the Kellys. After a few days he agreed. ([[Royal Commission report day 36 page 10|RC12945]])
I went out on search parties with Sgt [[Steele|Steele]] and Insp [[Brooke Smith|Brook Smith]]. I think there must have been about twenty-five. ([[Royal Commission report day 36 page 10|RC12955]])
On [[ev78-10--4Mansfield Murders|29/10/1878]] Sgt Steele took a search party of police out after the '''KellyGang''' including Const [[Const Faulkiner|Faulkiner]] and me out from [[Wangaratta|Wangaratta]] up to the head of the [[King River|King River]] to the head of [[Glenmore Run|Glenmore]] run and down to [[Mansfield|Mansfield]] on 3/11/1878. There were eight or ten of us. We camped out on two different nights at [[Dedongadale|Dedongadale]], near the Broken River the continuation of the Buffalo River-a branch off that river.
It was a day and a half journey for the men and horses, and necessitated pack horses, and the men had their rifles and revolvers and ammunition. The horses would never have been able to follow the '''KellyGang''' if they had come across them after riding the long journeys. If there could have been a temporary station at Glenmore, where the police could have camped, and kept provision there for the men, they could have scoured that country far better than went they did. ([[Royal Commission report day 36 page 11|RC12966]])
Later when I was at Beechworth I met Aaron [[Aaron Sherritt|Sherritt]]. ([[Royal Commission report day 36 page 9|RC12925]])
'''Sebastopol Cavalcade''' '''7/11/1878''' I was not out with the party at Sebastopol but I was out with the parties in the [[Warby Ranges|Warby Ranges]]. That included time with SConst [[Johnston|Johnson]] and his party. ([[Royal Commission report day 36 page 10|RC12954]]) '''Jerilderie robbery 2/1879''' In May 1879 I was transferred from the Benalla to the Beechworth police station. '''Autum 1879''' I was stationed at Schnapper Point on the upper Murray ([[Royal Commission report day 1 page 18|RC183]])
'''Hare replaced by Nicolson 6/7/1879''' I married Anna Frances Savage at Mornington on 10 July 1879 '''Spring 1879 early 1880''' In [[events 1880-4/ 1880-6|April 1880]] I was dishonourably discharged from the police force. SConst [[SConst Mays|Mayes]] a report stating that I was not fit to be in the police force, as I had associated with the lowest persons in Lancefield, and could not be trusted out of sight, and never did my duty. He was stationed at Lancefield at the time.
I never had the slightest opportunity at all to set out my side of the story. I applied for a board of enquiry, and the [[Chief Secretary|Chief Secretary]] (Mr. Ramsay) declined, as he had left all power with Captain [[Standish|Standish]]. Notwithstanding that, there were two petitions got up on my behalf by the residents of Lancefield and Romsey, asking that I might be reinstated.
I had pleaded guilty to charges of misconduct during my three years in the police. Once I was charged with laughing.([[Royal Commission report day 36 page 7|RC12891]])
I had not the slightest opportunity of defending myself when the Chief Commissioner sent a communication, and I was instructed by SConst Mayes to proceed to Melbourne from there. The late Sergeant Porter had my voucher made out to be stationed at Romsey, temporary duty for a ten days. That night a telegram was sent to the police depot, stating I was to be discharged from the police force the next day. I asked Captain Standish to tell me the reason why, and he just explained that he had received this communication from Mayes; and I understood from Captain Standish that was the sole reason I was discharged from the police force.
I think, as against that, those 200 petitioners ought to go further than Mayes. It is hard my character should be blackened. I might have erred in small things.
There are many constables in the force who have done more serious things than I did, and have remained in the force and got promotion.([[Royal Commission report day 36 page 9|RC12924]])
'''Later in 1880''' I was six months thrown out of employment after I was thrown out of the police force, and I had my mother, and wife and child to support, besides myself. It was very hard. I had not a chance to defend myself against any charge. ([[Royal Commission report day 36 page 8|RC12914]])
I worked with the police in [[Sydney|Sydney]] at some stage. ([[Royal Commission report day 36 page 8|RC12899]])
I had a job as a timekeeper and clerk for Mr. '''Robb'''. ([[Royal Commission report day 36 page 4|RC12801]])
In 1881 I was working with Mr. '''Falconer''', a railway contractor. ([[Royal Commission report day 36 page 8|RC12914]])
'''Royal Commission''' I gave evidence before the Royal Commission on 6/7/1881, ([[Royal Commission report day 36 page 4|RC12801]])
See what the press had to say about my evidence ([[The Argus at KellyGang 7/7/1881|Argus7/7/81]])
The [[2nd Report of the Royal Commission|Royal Commission]] made the following comment about my action in its report:
" This constable appears to have borne a very indifferent character in the force, from which he was ultimately discharged. Mr. Fosberry, the Inspector-General of Police, New South Wales, and Captain Standish express in strong terms their adverse opinions of Fitzpatrick, while the present Acting Commissioner of Police, Mr. [[Chomley (2)|Chomley]], writes a valedictory memo. on his papers, describing him as a liar and larrikin.
To this man was entrusted, in April 1878, the temporary charge of Greta, the very focus of crime in the district. He had been stationed at Benalla, and prior to starting for Greta he appears to have had an interview with Sergeant [[Whelan|Whelan]], the sub-officer in charge, relative to his duties. Whelan, in his evidence, is somewhat contradictory upon the point as to whether Fitzpatrick was justified in attempting to arrest [[Dan Kelly|Dan Kelly]] under the circumstances. In almost the one breath he states that the constable was wrong in going to the Kellys' but, and then urges that it was his duty to act as he did.
The arrest was attempted to he made in consequence of a Gazette notice to the effect that a warrant had been issued at [[Chiltern|Chiltern]] against Dan Kelly and [[Jack Lloyd Jnr|Jack Lloyd]], on a charge of suspected cattle stealing. ... Fitzpatrick's efforts to fulfil what he may have considered his duty proved disastrous. He was entrapped by accepting the invitation to accompany Dan Kelly into the hut, where he was attacked by several members of the family, and shot in the wrist by [[Ned Kelly|Ned Kelly]].
Warrants were in due course issued against Fitzpatrick's assailants; and those arrested, including [[Mrs Ellen Kelly|Mrs. Kelly]] and a relative named [[William Williamson, Brickey|Williamson]], were sentenced to long terms of imprisonment for the offence of assault with intent to kill. The alleged severity of the punishment inflicted upon the mother of the outlaws has been the subject of comment in the course of the inquiry, and Captain Standish considers that it formed one of the many causes which assisted to bring about the Kelly outrages. One point in this matter should not be overlooked. [[Jack Lloyd Jnr|Jack Lloyd]], who was implicated in the alleged case of horse stealing for which Fitzpatrick sought to arrest Dan Kelly, was subsequently taken into custody, and, the charge having been investigated, he was discharged. There can be little doubt that Constable Fitzpatrick's conduct, however justified by the rules of the service, was unfortunate in its results." ([[Royal Commission second Report Part III (page 6)|RC2nd reportIII]])
== Early Service ==
== Later ==
I was charged ([[The Argus at KellyGang 28/8/1883|Argus28/8/83]])
I gave some thoughts to Mr Cookson ([[Cookson, 23_09_1911_1|BWC]])
In [[ev82-00---Story Continues|1911]] I identified Patrick [[Patrick Allen|Allen]]'s body in Sydney ([[Cookson|Cookson]])
== Family ==
'''wife''' married Anna Frances Savage at Mornington on 10 July 1879. '''children''' none '''home ..'''
I had a child by a lady at Meredith and had a fiancee at Frankston before I came up to North East Victoria
== What happened to the Fitzpatrick family ==
KellyGang
[[Category:People]] [[Category:People starting with D-G]] [[Category:Fitzpatrick]] [[Category:Constable Alexander Fitzpatrick]] [[Category:Police]] [[Category:history]]
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