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Royal Commission report day 28 page 11

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 9/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 9/6/1881|day 28]])

'''[[../../people/peA/arthurJPC.html|'''Const James Arthur''']] giving evidence'''

<span id="rc11186">[[#rc11186|11186]]</span> It has been stated that he took deliberate aim with his arm and hand?— That is not true. He held it in that position—he did not raise his hand up at all. It was like that—[''indicating same''].

<span id="rc11187">[[#rc11187|11187]]</span> Did you form the impression he was wounded?— It seemed as if he could not lift his hand; and after [[Const Montiford|Montifort]] and [[Const Healey|Healey]] fired he shifted his hand, and held the right hand with the left.

<span id="rc11188">[[#rc11188|11188]]</span> So as to steady it?— Yes. He was more dead than alive when he came out.

<span id="rc11189">[[#rc11189|11189]]</span> Do you know where he came out of the house?— I could not tell.

<span id="rc11190">[[#rc11190|11190]]</span> You do not know anything about how he got out?— No. After we were firing the second volley, there was a man came out from the yard, and as he came out there were two rockets let up between the railway station and [[McDonnell's Railway Taven|McDonald]]'s, and I was looking round to where they went off, and there was some firing went on then, and as I turned round I saw this man going out. I do not know whether it was Ned Kelly .

<span id="rc11191">[[#rc11191|11191]]</span> We never heard of rockets?— Constable [[Gascoigne|Gascoigne]] can tell about that. I think it was some sympathizers letting them know they were attacked by the police. One was very faint, and the other was a large one.

<span id="rc11192">[[#rc11192|11192]]</span> Did you form any opinion about the taking of those men, whether the whole time of that night and day should have been spent on it?— Yes; it could not have been done any other way, without the loss of life. If we had gone in we would have been shot.

<span id="rc11193">[[#rc11193|11193]]</span> Was there any offer to rush the house?— Yes.

<span id="rc11194">[[#rc11194|11194]]</span> Would the police have been willing to?— Yes; in fact, if they had not fired the first shot, we would have been in the house in the morning.

<span id="rc11195">[[#rc11195|11195]]</span> If Inspector Hare had not been shot, would he have gone into the house?— Yes, if they had not have fired. If they kept quiet we would have been right into the house.

<span id="rc11196">[[#rc11196|11196]]</span> How long would it have taken you to get there?— About five strides we would have been into it.

<span id="rc11197">[[#rc11197|11197]]</span> What distance were you from it when you first fired?— About twenty yards, and we were running.

<span id="rc11198">[[#rc11198|11198]]</span> You were running from the wicket-gate to the hotel?— Yes.

<span id="rc11199">[[#rc11199|11199]]</span> Were you half way through;—Yes, just on the corner of the fence when the first volley came, and we stopped and returned the fire.

<span id="rc11200">[[#rc11200|11200]]</span> Where was Mr. O'Connor at the time?— I did not see him.

<span id="rc11201">[[#rc11201|11201]]</span> Do you know who were outside the railway gate when the first volley was fired?— The only one I could recognize was Gascoigne ; I could not any others.

<span id="rc11202">[[#rc11202|11202]]</span> The only one you could recognize was Gascoigne ?— Yes.

<span id="rc11203">[[#rc11203|11203]]</span> Where was Mr. [[Hare|Hare]] ?— I saw him and three others besides myself, but I could not tell who they were.

<span id="rc11204">[[#rc11204|11204]]</span> You could not tell whether they were either of the black trackers?— No.

<span id="rc11205">[[#rc11205|11205]]</span> Did you see Mr. [[O'Connor|O'Connor]] outside the gate?— No.

<span id="rc11206">[[#rc11206|11206]]</span> Did you see him leave the platform?— No.

<span id="rc11207">[[#rc11207|11207]]</span> Did you leave before him?— I could not say.

<span id="rc11208">[[#rc11208|11208]]</span> Are you sure he was not in advance of you?— I would not swear he was or he was not.

<span id="rc11209">[[#rc11209|11209]]</span> Did you see Mr. O'Connor after in the day?— I saw him, after Kelly was taken, with Mr. [[Sadleir|Sadleir]] .

<span id="rc11210">[[#rc11210|11210]]</span> Do you know where he was stationed before that?— No.

<span id="rc11211">[[#rc11211|11211]]</span> Did Mr. Hare give any orders after he was shot?— Yes; I heard him call out, “ O'Connor”; and then the next was to bring out his boys and surround the place, and, for God's sake, not to let them escape—he was wounded and must go.

<span id="rc11212">[[#rc11212|11212]]</span> Did you hear Mr. Hare give any other orders?— No, I did not.

<span id="rc11213">[[#rc11213|11213]]</span> Did he say, “Cease firing”?— That was before he left, but not after he gave those orders to Mr. O'Connor . He never gave any others. The first was to cease firing and to let the women out, and then he went to Mr. O'Connor and gave that order to him.....

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