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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 13/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 13/5/1881|day 19]])

[[../../people/peU_Z/whelanJPsgt.html|'''Sgt James Whelan''']] '''sworn and examined'''

''Present:''

The Hon. F. LONGMORE, M.L.A., in the Chair;

W. Anderson , Esq., M.L.A., E. J. Dixon, Esq., J.P.,

G. W. Hall, Esq., M.L.A., G. R. Fincham, Esq., M.L.A.,

J. Gibb, Esq., M.L.A.

[[#rc5941|5941]] ''By the Commission. —''How long have you been in the service?— I joined it in 1856.

[[#rc5942|5942]] What position did you bold?— I was promoted to the rank of senior-constable in 1862, a the rank of sergeant in 1868.

[[#rc5943|5943]] How long have you been stationed here?— Since November 1864.

[[#rc5944|5944]] Do you remember the instructions that were given to Constable [[Fitzpatrick|Fitzpatrick]] on the day of the shooting?— Yes. On the [[15-04-78 Fitzgerald incident|12th of April 1878]] a telegram was received from Inspector [[Brooke Smith|Brook Smith]], from Wangaratta, directing that Constable Fitzpatrick be sent to [[Greta|Greta]] station to take charge there in the absence of Senior-constable [[Strahan|Strahan]], who was going on six days' leave. I think Constable Fitzpatrick was absent at [[Cashel|Cashel]] at the time on temporary duty, and did not return until the 14th. On the 14th, he not having returned in the forenoon, I sent Constable [[Const Healey|Healy]] to Greta, and directed him to return—to make a patrol back the next day, in order that I could send Fitzpatrick when he returned.

[[#rc5945|5945]] What day did Fitzpatrick go then?— At one o'clock on the 15th April, Healy returned from Greta, and I despatched Constable Fitzpatrick at two p.m. He received the direction to remain and take charge of the station. Mrs. Strahan was there with her family, and was to remain till Strahan returned and then return back to Benalla station.

[[#rc5946|5946]] Was there anybody in charge of the Greta station?— Strahan was in charge, but was on leave, so that was weakened then when he was sent, it was weakened because the other man had returned on patrol, as directed.

[[#rc5947|5947]] Where did he go to?— At two a.m. the next morning be returned to Benalla and rapped at my quarters, and told me that he had been shot at by [[Ned Kelly|Ned Kelly]] wounded in the arm. That was on the morning of the 16th. I examined his arm and saw a mark like a bullet wound; sent for Dr. [[Nicholson|Nicholson]] and had him attended to. I took his statement at the time. I was present at the Police Court here when his evidence was taken at the Petty Sessions, and also at the Court of Assizes at Beechworth, and he did not prevaricate in the least from the statement he first made to me.

[[#rc5948|5948]] How did he come in contact with Ned Kelly at that time?— He stated when he was going to Greta that he rode across and went into [[Kelly Home|Mrs. Kelly's]], and when there about—some short time, half-an hour—He heard some chopping, and asked if Dan was at home, and was told by [[Mrs Ellen Kelly|Mrs. Kelly]] that he was not. He heard some chopping on the hill, and got his horse and rode up to the top of the ranges where he heard the chopping, and found [[William Williamson, Brickey|Williamson]] there, and asked where [[Dan Kelly|Dan Kelly]] was, and he said, “Out riding.” While speaking he saw two men riding into the paddock, and asked Williamson who they were, and he said he did not know. Fitzpatrick said, “I think that is Dan Kelly's mare,” and went down and found [[William Skillion|Skillion]] with the saddle off his own horse.

[[#rc5949|5949]] Had you a warrant for his arrest then?— No; there was a warrant [[Chiltern|Chiltern]], but not here. He saw the Gazette notice that this warrant was issued.

[[#rc5950|5950]] Was it his duty to go there without a warrant?— I think he was wrong in going there, as he knew the characters they were, as he had assisted to arrest them at [[Winton|Winton]] previously for an outrage before.

[[#rc5951|5951]] Do you consider he fulfilled instructions in going there instead of Greta?— He was going in charge of a sub-district, and there was at that time, perhaps, one men only to several stations, and a man is master of his own movements, and according to the regulations of the service he is bound to arrest an offender, and according to law without a warrant or not. There is a penalty under the Police Offences Statute if he does not do so, and while he was in charge of a sub-district he would be in charge, but would be responsible for any crime while he was there, and if he was reported as passing a man who was there without a warrant he would be punished by his officer and by law.

[[#rc5952|5952]] What occurred in consequence of his being shot?— Warrants were issued against Ned and Dan Kelly. Williamson and the others and Mrs. Kelly were arrested, and Skillion, and they were dealt with, but the other two were at large.

[[#rc5953|5953]] What was done with reference to them?— There was search made for them. There were no extra men sent to the district, I think, at the time, but there were a few on the 24th October. Superintendent [[Sadleir|Sadleir]] sent a party from here to Mansfield, Constables [[Scanlon|Scanlan]], the deceased, and the late Constable [[Lonigan|Lonigan]], from Violet Town , to form a party with [[Kennedy Sgt|Kennedy]] at Mansfield , to go out to the Wombat, and sent Senior-constable Strahan with the party from here, and they were to meet up about the head, of the King River .

[[#rc5954|5954]] What occurred?— I remember that on the 26th October, Saturday, the murders on the police were committed at Wombat.....

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