Royal Commission report day 22 page 11
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8221 How soon afterwards did you report to your officer that you had completed his order?— I do not remember reporting it at all.
8222 When did you next see Mr. Sadleir?— The next I saw him was after the capture of Ned Kelly, I remember that now.
8223 Where did you ace him then?— On the railway station; it was about seven o'clock . It was when Ned Kelly was brought to the railway station.
8224 How soon was it after you got the order to surround the house?— About two hours.
8225 Were you present at the capture of Ned Kelly?— I was.
8226 Will you tell the Commission the circumstances?— I was away down at a tree in the railway fence.
8227 North or south of the house?— To the north-east, I think.
8228 You mean the Wangaratta side?— Yes. Guard Dowsett was some distance further up from me.
8229 That is the guard of the railway?— That is the guard of the railway. It was about seven o'clock , or it might have been after, when some figure like a blackfellow appeared up in the bush. I heard a man—one of the men—sing out, “Look at this fellow.”
8230 Where were you stationed then?— I was behind a tree, on the north-east side of the house.
8231 And Dowsett was coming up towards you?— He was away to the right of me.
8232 Advancing towards you?— No, behind a log. I sang out, “Challenge him, and if he do not answer you, shoot him.” It was Constable Arthur. With that, he pulled out a revolver, and fired at him.
8233 Who did?— Ned Kelly.
8234 What happened?— Three or four of the constables had fired at him, and he advanced. On coming towards the house, in the direction of Jones's, there were several shots fired at him; they had no effect. I sang out, “Look out, he is bullet-proof.”
8235 Would that advance of his, coming towards the house where the outlaws were, bring him just in the direction where Sergeant Steele was stationed?— Yes, just ill the direction where Steele was. Dowsett was firing at him, too, with his revolver. He was behind a big fallen tree, and I got up alongside them. He moved up and had his hand outside the tree (Ned Kelly), and Dowsett said, “There is a good show for you.” His hand was hanging out a bit.
8236 To do what?— To shoot at it; he had a tree between us, and the hand hanging out a bit. I fired at him, and Dowsett said it was a little to the right.
8237 Was it a bullet you had?— Yes, a Martini carbine.
8238 You were to the right, he said?— Yes I fired again, and Dowsett said, “By God, you have hit him.” After that he moved over to a fallen log, at the Jones's side of the log. Sergeant Steele came up from where he was, and I moved on up to them, beside Constable Bracken, and I said, “Come on, lads, we will rush him.” Sergeant Steele popped out and fired at him—came close up and fired at him.
8239 Did he hit him?— I believe so—l could not say.
8240 Did you see him stagger?— I fired two shots, and with that he dropped upon his haunches, like that—[explaining the same].
8241 If you saw a man fire two shots at another man who was standing up straight before the shots, and he falls then, is it reasonable to suppose it is from the effect of the shot that he staggered and fell?— Yes.
8242 It would be?— Yes, I considered so. Sergeant Steele ran and got him by the wrist and under the beard.
8243 Then he had not his helmet on?— The helmet was on; Sergeant Steele did not, but I say it was.
8244 How did he get his beard?— He had him by the neck; it was not the beard. He had him by the neck some way.
8245 Was he lying upon the ground or half way?— Half way against the log, that way—[half lying down].
8246 Your opinion is that he had that helmet on when Sergeant Steele seized him?— Yes; because when I pulled the helmet off I said, “By God, it is Ned.”
8247 You pulled off the helmet?— I pulled off the helmet, and Steele held it up, and said, “I told you I would be at his death.” There were three or four gentlemen and others, and some constables came up then.
8248 Did you see Ned Kelly rolling over upon Steele?— I threw him over upon him.
8249 In that little sandy gutter?— Yes.....
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