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Royal Commission report day 22 page 6

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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 John Kelly|SConst Kelly]] giving evidence'''

[[#rc8064|8064]] You say Mr. [[Hare|Hare]] was in front and one or two constables?— Yes, and we were behind him.

[[#rc8065|8065]] How far behind?— Four or five yards—it might be ten yards.

[[#rc8066|8066]] Just describe the way Mr. Hare went?— They were making straight for the house.

[[#rc8067|8067]] Did you see them go through this little wicket-gate here—[ ''pointing to the map'']?— No.

[[#rc8068|8068]] Did you go through?— I went through the other gate down to the railway lines straight, and up to that gate, I and Mr. Rawlings and some other man.

[[#rc8069|8069]] You were near the station master's house?— Yes; the next time I saw Mr. Hare was when the shots commenced to fire.

[[#rc8070|8070]] How far were you from him?— Seven or eight yards.

[[#rc8071|8071]] In what position?— I can show you upon the map.

[[#rc8072|8072]] Were you towards Benalla from him?— No, on his right, towards the railway station.

[[#rc8073|8073]] Were you outside the railway fence then?— I was, certainly.

[[#rc8074|8074]] More in front of the house?— More in front of the house. I was above the corner, west of the railway—west—in a line with the front of the house, because they fell back to the west.

[[#rc8075|8075]] How far was Mr. [[Hare|Hare]] from you when he was shot?— Six or seven yards.

[[#rc8076|8076]] Who were there beside you when he was shot?— There was Constable [[Gascoigne|Gascoigne]], [[Const Arthur|Arthur]], [[Const W Phillips|Phillips]], and some of the black trackers.

[[#rc8077|8077]] Were the black trackers?— Some of them were there.

[[#rc8078|8078]] Were they outside the fence?— Yes, they were there—[''pointing to the map''].

[[#rc8079|8079]] What black trackers?— Hero, I think, was one of them.

[[#rc8080|8080]] Were you here when Barry was giving his evidence yesterday?— Not the first part.

[[#rc8081|8081]] If Barry swears that [[Hero|Hero]] was one of the men, do you think he would be right?— I think so; I saw him with Barry afterwards.

[[#rc8082|8082]] Whom else did you see beside those men?— Mr. [[Rawlins|Rawlings]] was close to me, near to Mr. Hare.

[[#rc8083|8083]] Were those men far from Mr. Hare when he was shot?— Five or six yards to the left of him, at the first volley.

[[#rc8084|8084]] On either side of him?— Yes.

[[#rc8085|8085]] Who fired the first shot, do you remember?— I remember it was the outlaws.

[[#rc8086|8086]] What was your impression when you saw Mr. Hare and the other constables and yourself— what was the impression that they intended to do at that time, if they had not been met with that volley from the hotel?— They were rushing straight for the house.

[[#rc8087|8087]] And the first volley that was fired?— Came from the house. I saw one [[Ned Kelly|man]] appear on the outside, and said, “Come on, you dogs; you cannot hurt us.”

[[#rc8088|8088]] Was that Ned Kelly?— I could not say. Mr. Hare said, “I am shot.” I saw him sticking the gun, after he was shot, between his legs, and re-loading it and firing it out of his hand, like that— [''describing same''].

[[#rc8089|8089]] You are quite sure of that?— I am quite sure of it.

[[#rc8090|8090]] You are sure he shot?— I am as sure as that I am sitting upon this chair.

[[#rc8091|8091]] You swear that?— I swear it.

[[#rc8092|8092]] Did you see Mr. [[O'Connor|O'Connor]] there at that time?— I did not.

[[#rc8093|8093]] When did you see him first?— I heard Mr. Hare. He turned back to me and said, “Kelly, surround the house, for God’s sake, do not let them escape,” and he sang out “O'Connor,” and Mr. O'Connor answered.

[[#rc8094|8094]] What did he say?— He said, “Come on, O'Connor, the beggars have shot me—bring your boys with you; surround the house.”

[[#rc8095|8095]] Did you see Mr. O'Connor at that time?— I did not see Mr. O'Connor at that time.

[[#rc8096|8096]] Where do you suppose he replied from—you say you heard his voice answering?— He was to the right of us, inside the railway fence.

[[#rc8097|8097]] What time did you see Mr. O'Connor first after that?— I will come to that presently. Mr Hare went back to the railway station, and he came back in a few minutes and said, “Stop firing.” There was a tremendous fog of smoke then from the firing.

[[#rc8098|8098]] “Cease firing” or “Stop firing”?— “Stop firing.”

[[#rc8099|8099]] What reason did he assign?— We heard some women crying out in the house.....

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