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Royal Commission report day 22 page 25

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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'''

[[#rc8616|8616]] One of Mr. Nicolson's agents?— Yes.

''Mr. [[Nicolson|Nicolson]]'' — I have not the slightest objection to Mr. Hare's question, but yesterday the Commission decided that this matter should refer to Mr. [[O'Connor|O'Connor]].

[[#rc8617|8617]] ''By Mr. [[Hare|Hare]]'' — It does not reflect at all against Mr. Nicolson. I made the statement in my original report, which I want the witness to substantiate. If the report is taken for granted, there is an end of it. I shall not then want to put the question. ( ''To the witness'')–Do you remember the fact that an agent had come down from Beechworth for the purpose of seeing me?— Yes, I remember that.

[[#rc8618|8618]] Did you made an appointment that evening at my request to meet him at a certain place?— I did.

[[#rc8619|8619]] Did we keep our appointment–you and I?— We did.

[[#rc8620|8620]] Did the agent?— No.

[[#rc8621|8621]] After waiting there for some time did we see him elsewhere?— I suggested we should go where we thought we should meet him, as he was going by train.

[[#rc8622|8622]] At the railway?— Yes.

[[#rc8623|8623]] Did we see him there?— Yes, we did.

[[#rc8624|8624]] What did I say to him?— I walked away from you. You took him to the end of the railway station platform, in the dark, and spoke to him there.

[[#rc8625|8625]] Did you hear any of the conversation?— No, I did not.

[[#rc8626|8626]] None at all?— No.

[[#rc8627|8627]] What became of him?— He went away. He told me he would not work for you.

[[#rc8628|8628]] When?— Before you saw him.

[[#rc8629|8629]] Before I saw him?— Before you saw him.

[[#rc8630|8630]] That night?— That night.

[[#rc8631|8631]] You did not tell me that then?— I do not know. I forget if I did.

[[#rc8632|8632]] I am certain you did not, because why should I meet him?— I pressed upon him to come and see you–that it was all nonsense.

[[#rc8633|8633]] You did not speak to him after I saw him?— No.

[[#rc8634|8634]] He went away in the train?— He went away, and I did not see him till after the Glenrowan affair.

[[#rc8635|8635]] Come now to Sunday, [[ev80-06-28Glenrowan|27th June]], what time did I send you up to the [[Benalla|railway station]] afternoon to see about a train or an engine?— About three o'clock, I suppose, in the afternoon.

[[#rc8636|8636]] When we were stopped near Glenrowan, what position were you in, were you in front of me or behind me in the carriage?— I was in front of you–I was next to the engine.

[[#rc8637|8637]] Did you speak to the guard before I came up?— I did. You put your head out of the window.

[[#rc8638|8638]] Where were you then?— Standing upon the step of the guard's van.

[[#rc8639|8639]] Are you sure that the guard was not midway between the pilot engine and our engine?— I spoke to him, I remember well; he said to me about meeting a man with a red light.

[[#rc8640|8640]] Was not that after I left–did not I walk with three men towards the pilot engine?— Yes.

[[#rc8641|8641]] I left you with the train?— Yes, I stopped there with the train; you went up to find the man–that is the schoolmaster.

[[#rc8642|8642]] Did not I meet the guard some distance from the train?— I understood the guard came up to the train. I remember your putting your head out of the window. You asked what was up, and I said, “The pilot engine has stopped.”

[[#rc8643|8643]] Exactly; I saw that myself. You do not recollect which I met?— I saw Archie McFie, the guard.

[[#rc8644|8644]] When we got to Glenrowan platform what was the first thing I did when I got out?— You sang out to me to get the horses out.

[[#rc8645|8645]] Are you sure of that; were the horses removed till I returned from the station master's house?— We were getting the horses out.

[[#rc8646|8646]] Answer that question–did you see me and [[Rawlins|Mr. Rawlins]] going to the [[Stanistreet (2)|station master]]'s house?— I did.

[[#rc8647|8647]] Did you say the horses were being got out whilst I was away?— A few of them were out.

[[#rc8648|8648]] Are you sure of that?— I am sure.

[[#rc8649|8649]] .You say that you heard me call out to Mr. O'Connor to surround the house?— Yes.

[[#rc8650|8650]] What distance could my voice have been heard when I called out that?— I should say it could be heard near the railway station there.....

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