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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'''

[[#rc7984|7984]] Had they come from another direction?— They had come from another direction; they were further up the [[King River|King]].

[[#rc7985|7985]] Then you were unsuccessful upon that occasion?— Yes.

[[#rc7986|7986]] Will you pass over it a little more quickly, because we have got pretty well all this before from other witnesses?— We started next day in the Wombat, and arrived about ten o'clock that night at [[Mansfield|Mansfield]]. We stopped all the next day, and on Sunday, that would be the [[ev78-10--4Mansfield Murders|3rd November]], Sergeant [[Steele|Steele]] received a telegram, I believe from Mr. Sadleir, to return at once to [[Benalla Police Station|Benalla]] there was a man stuck up by the outlaws on the [[Murray Flats|Murray flats]]. We returned to Benalla that night. We met [[Wild Wright|Wild Wright]] and his brother (the dummy), and, I believe, a daughter of [[Tom Lloyd|Tom Lloyd]]'s, on the road riding on horseback. Sergeant Steele and a party of men left that night in a special train, I believe, for Beechworth. I remained at Benalla for a few days with three or four men. At the same time, Senior-Constable [[Strahan|Strahan]] and [[Shoebridge|Shoebridge]] and two constables also came in from the ranges. We were ordered—there was a special train got ready, and Mr. [[Nicolson|Nicolson]], Captain [[Standish|Standish]], and five of us went to Beechworth.

[[#rc7987|7987]] What was the date of that?— It would be about the 7th of November 1878 At Beechworth Mr. [[Sadleir|Sadleir]] met us on the platform—that was before daylight.

[[#rc7988|7988]] Where did you go eventually?— We went to [[Sebastopol|Sebastopol]] , [[Anne and John Sherritt Snr|Sherritt's hut]], and were unsuccessful, and I was instructed by Mr. Sadleir to return to Wangaratta.

[[#rc7989|7989]] Have you seen the printed accounts of those things given by the other constables that have been examined?— I have read the papers.

[[#rc7990|7990]] Do you agree with them?— I do.

[[#rc7991|7991]] On that visit—was that the first time you saw [[Aaron Sherritt|Aaron Sherritt]]?— That was the first time I saw him.

[[#rc7992|7992]] Under what circumstances did you see him?— I saw him near the back of Mrs. Byrne's house speaking to Mr. Sadleir.

[[#rc7993|7993]] Did you see Captain Standish speak to him?— I did, and Mr. Nicolson.

[[#rc7994|7994]] Did you hear any overtures made by either of those officers to Sherritt?— I did not,

[[#rc7995|7995]] Were you in a position to hear an, overtures if they had made them?— I was about ten or twelve yards away, I think.

[[#rc7996|7996]] Did you hear Captain Standish ask Sherritt at that time?— I saw them, that the, were speaking, but I never heard a word that passed between them.

[[#rc7997|7997]] You were too far away to hear?— Yes.

[[#rc7998|7998]] Did you notice any other members of the force nearer than yourself to Captain Standish?— I did not

[[#rc7999|7999]] Did you see Ward nearer?— I did not see Ward there at all.

''By Mr. Nicolson'' — I stated that Ward was there, but I find I made a mistake. Sergeant Steele.

[[#rc8000|8000]] ''By the Commission''— Was he nearer to them than you?— I do not think so.

[[#rc8001|8001]] Were any constables near?— No. I walked away into the bush a bit.

[[#rc8002|8002]] What is your opinion as to the faithfulness of the discharge of the duties that Sherritt was appointed to carry out?— I do not know anything at all about Sherritt. I saw him only two or three times.

[[#rc8003|8003]] You were not one of the cave party?— No.

[[#rc8004|8004]] You were not in the house when Sherritt was shot?— No; I was not there at all.

[[#rc8005|8005]] You went out constantly with search parties?— No. On the [[events 1879-05/ 1879-07at KellyGang|10th of May 1879]] I was sent to take temporary charge of [[Hedi|Hedi]] station in the Black Range .

[[#rc8006|8006]] Do you remember a report coming in that Brook Smith and party were close upon the Kellys?— I heard it. I was not there. I was in Wangaratta at the time.

[[#rc8007|8007]] Do you remember what information came in?— I heard that they were on some tracks.

[[#rc8008|8008]] Did you hear any statements made in reference to the efficiency of Brook Smith in that attempt?— I did not. I never heard anything, There were horses—some of the police horses—found. I was there when Detective Ward and, I think, Senior-constable Johnson and some other constables brought in some of the police horses that were found in the Warby Ranges .....

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