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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 11/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 11/5/1881|day 18]])

''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' further examined'''

<span id="rc5495">[[#rc5495|5495]]</span> Were there any men by when he said that to you?— I think so when he spoke about the Chinamen, but one could not hear what he said to the others because of the noise of the van.

5495a Did he speak to them?— Yes, he was speaking to them and singing all the way up from the time he got in the train.

<span id="rc5496">[[#rc5496|5496]]</span> Did he appear to sing out of bravado?— It was a song made up about themselves.

<span id="rc5497">[[#rc5497|5497]]</span> And their exploits?— Yes, “The brave Kelly gang,” during their time in the mountains, and something of that sort.

<span id="rc5498">[[#rc5498|5498]]</span> Did he give you the idea of being a courageous man or a coward?— I believe he was a very plucky man and a very good man if he had put it to better use.

<span id="rc5499">[[#rc5499|5499]]</span> Did he give any idea where they were?— No, except the reference to the [[Warby Ranges|Warby ranges]].

<span id="rc5500">[[#rc5500|5500]]</span> You stated you believed he was there during the first week in November, when the horse was found?— Yes.

5501 You also stated that he knew who was to bring in the horses in the morning?— Yes.

<span id="rc5502">[[#rc5502|5502]]</span> That could only be acquired by a person on the spot?— Yes.

5503 Did he mention who it was brought them?— No.

<span id="rc5504">[[#rc5504|5504]]</span> You do not know whether it was only brag?— I believe it was true because it was two men's work, and he said he knew the men who brought up the horses every morning.

<span id="rc5505">[[#rc5505|5505]]</span> You did not ask for the names?— No, if I began to ask a question he stopped at once; if I began to ask a question he thought I wanted to know too much.

<span id="rc5506">[[#rc5506|5506]]</span> He would not allow himself to be “pumped”?— No. With reference to the time the information was received on the 3rd of November, I believe it to be correct, that they would have been captured on or about that time; I had not this information given directly to myself, but I believe that.

<span id="rc5507">[[#rc5507|5507]]</span> Did you see Senior-Constable [[Johnston|Johnson]] on your way through Wangaratta at that time?— No, after we came back from Sebastopol then we saw him.

<span id="rc5508">[[#rc5508|5508]]</span> Did he tell you anything about his trip through the Warby ranges?— No, he did not.

5509 Are you aware he was the constable with that party?— Yes.

<span id="rc5510">[[#rc5510|5510]]</span> How long had you been at the cave party before you formed the opinion of the probability of your existence there being known to Byrne's family and others?— Well, I formed it gradually; after I was there a couple of months or so, I heard more and more, which convinced me towards the latter end.

<span id="rc5511">[[#rc5511|5511]]</span> Do you remember any circumstance that first suggested to your mind that your being there was known?— I could not exactly say to a month.

<span id="rc5512">[[#rc5512|5512]]</span> Was there any special circumstance about the first time that led you to that belief?— Simply because there were too many women mixed up with this cave party, Mrs. Barry and Mrs. Sherritt, and Mrs. Sherritt's family were continually visiting [[Mrs Margaret Byrne|Byrne]]'s.

5513 Was that the case from the first time you went to the cave?— Yes; Sherritts and Barrys I noticed.

<span id="rc5514">[[#rc5514|5514]]</span> Were you called upon at any time, by either of your superior officers, to express an opinion whether you thought that your presence there was known or not before the time you were asked to send in that report?— No, never.

5515 So far as you were concerned you kept it a profound secret?— Yes, I communicated to no one

5516 When you went back to Beechworth, during the nine or ten days, did you have any complaints?— No.

5517 Did you write to anybody during that time to tell that?— No, never.

5518 At no time no communication, written or otherwise, passed from you that you were engaged in that secret cave party?— No.

5519 You stated that the two families that you mentioned, in your opinion, were aware of the cave party being there?— Yes.

<span id="rc5520">[[#rc5520|5520]]</span> You said they visited from place to place?— Yes.....

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