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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 22/7/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 22/7/1881|day 39]])

[[../../people/peL_M/marsdenF.html|'''Mr Frederic John Marsden''']] '''giving evidence'''

<span id="rc13997">[[#rc13997|13997]]</span> How did it appear to you that [[Ned Kelly|Ned Kelly]] fell—would it be a trip or apparently falling from a gunshot wound?— Shot, I should say, decidedly.

<span id="rc13998">[[#rc13998|13998]]</span> Did it not strike you he tripped coming down?— No, he sat down behind a log and after while and came on again.

<span id="rc13999">[[#rc13999|13999]]</span> Did he fall with his head downhill or up?— Downhill, I think.

<span id="rc14000">[[#rc14000|14000]]</span> Towards the railway?— Yes.

<span id="rc14001">[[#rc14001|14001]]</span> Were you near enough to see whether his helmet fell off or was taken off?— No.

<span id="rc14002">[[#rc14002|14002]]</span> You do not know whether [[Dowsett|Dowsett]] the revolver out of his hand or not?— I should, certainly say he did not.

<span id="rc14003">[[#rc14003|14003]]</span> Were you close enough to say that with certainty?— I cannot say who took it; I only know who gave it to me. Sergeant [[Steele|Steele]] fired, and then rushed to him when he fell.

<span id="rc14004">[[#rc14004|14004]]</span> Did you see anything at all of Reardon and his son or their movements when the men came out of the house?— No. I do not remember it.

<span id="rc14005">[[#rc14005|14005]]</span> Did you see Mrs. [[Reardon|Reardon]]?— I saw her on the station.

<span id="rc14006">[[#rc14006|14006]]</span> You did not see anything that occurred when she was coming out?— No, I saw her run out

<span id="rc14007">[[#rc14007|14007]]</span> Did you remain on the platform?— The greater part of the time, and I was just at the fence at one time.

<span id="rc14008">[[#rc14008|14008]]</span> Did you see [[Jones' Glenrowan Inn|Mrs. Jones]] at all?— Only on the station. She came across and commenced to abuse Sergeant Steele .

<span id="rc14009">[[#rc14009|14009]]</span> What did she say?— Called him a dog for shooting at them.

<span id="rc14010">[[#rc14010|14010]]</span> For what?— She seemed to blame him for having the men there shooting.

<span id="rc14011">[[#rc14011|14011]]</span> It was simply a general accusation?— She personally accused him, and abused him because he was about the first one she saw that she knew, and thinking he was very active. I handed Sergeant [[Steele|Steele]] my knife to cut [[Ned Kelly|Kelly]] 's [[Kelly's Armour|armour]] off.

<span id="rc14012">[[#rc14012|14012]]</span> Did you see Steele excited about the place?— No, he seemed to be rather the reverse—very cool.

<span id="rc14013">[[#rc14013|14013]]</span> ''By Sergeant Steele''— When you got to the Sydney crossing, about a mile from the hut, Mrs. Jones's, did you enquire whether the police had passed through there?— No.

<span id="rc14014">[[#rc14014|14014]]</span> Did you hear anyone make enquiries there?— No. I understood the police had passed through ahead of us.

<span id="rc14015">[[#rc14015|14015]]</span> Do you recollect when I handed you the revolver making any remark about the revolver?— Yes; I remarked about it having “Sydney” on it, as if it belonged to New South Wales or something.

<span id="rc14016">[[#rc14016|14016]]</span> ''By the Commission''— Where was Sergeant Steele when he said that?— He was over the body of Kelly.

<span id="rc14017">[[#rc14017|14017]]</span> ''By Sergeant Steele''— Did you see me previous to my firing at Kelly?— I saw you coming towards him from the house when he was coming down the hill.

<span id="rc14018">[[#rc14018|14018]]</span> At that time, did you see any constable in the act of rushing him?— No, certainly not. I saw [[Dowsett|Dowsett]] and [[SConst John Kelly|Senior-Constable Kelly]] firing at him.

<span id="rc14019">[[#rc14019|14019]]</span> But had they started to come from under their cover at the time I fired the last shot at Kelly and he dropped?— No, I should say not.

<span id="rc14020">[[#rc14020|14020]]</span> Did you see Senior-Constable Kelly coming to my assistance after Ned Kelly kind fallen?— Yes, he was up before me a long time.

<span id="rc14021">[[#rc14021|14021]]</span> Had he his rifle in his hand?— I could not say, there were so many guns and rifles. I could not say who had a rifle and who not.

<span id="rc14022">[[#rc14022|14022]]</span> Could you say from Ned Kelly's demeanour that he had been wounded previous to my shooting—did he appear like a man who had been disabled?— I knew he hand been shot.

<span id="rc14023">[[#rc14023|14023]]</span> But from his demeanour at the time would you say he was a wounded man then?— No, you could not tell. He tapped his armour on the breastplate, and said, “Come on, you—dogs.” You could not tell. I was some distance off.....

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