Royal Commission report day 22 page 13

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The Royal Commission evidence for 18/5/1881

(full text transcription)

(see also introduction to day 22)

SConst Kelly giving evidence

8284 Was not that the most exposed position of the whole service?— Yes.

8285 Did not it take you amongst all the Kellys and Quinns up there?— Yes.

8286 And the most exposed position of the lot?— Yes.

8287 You stated that you came to Whorouly?— Yes.

8288 Was not that also a most exposed position?— It was.

8289 When you came to Glenrowan with Mr. Hare's party, you were the senior officer of the Victorian police — at least you were constable of police, and were senior of the police force under Mr. Hare?— Yes.

8290 After the capture of Ned Kelly, did you receive any instructions to go to any particular place — to go to Greta?— I did.

8291 What was the position of Greta?— I was going to be sent to live in the hotel with three constables.

8292 Had you been just lately married at the time?— Yes.

8293 How long had you been married at the time?— Two or three months.

8294 Did you always show the utmost readiness to go to the front in the most exposed positions — Hedi, and all those places?— I did.

8295 Do you recollect meeting, me about Hedi by yourself?— I do.

8296 In the most exposed part up there?— Yes.

8297 Alone, and by yourself?— Yes.

8298 And I asked you what brought you here?— Yes, I remember that.

8299 And my saying to you, “Do not you think you had better have some men with you,” thinking it queer you should be by yourself in that exposed position?— There was one constable with me then.

8300 You recollect that?— I do.

8301 Did you ever show the slightest reluctance to do your duty, or go to the post of danger?— I did not.

8302 You asked for the record sheet, I believe. I did not see the object of it before, when I think I see it now. Did you refuse to go to Greta?— I told Mr. Sadleir I did not like to be sent there. I was after giving evidence in the police court. I was the only member of the force who gave evidence against him in the Beechworth court at that time, and I was advised by people friendly to me to leave the district.

8303 Do you know that after the murder by the Kellys, that so important was the evidence required of McIntyre, that he was ordered away down here, so as to be available for the service?— Yes, he was sent to the depot.

8304 Was he ordered here for his own safety?— For his own safety.

8305 And for the protection of Crown evidence?— That is what I understand.

8306 When you were ordered to Greta, were you one and the only constable examined as against Ned Kelly?— At the police court in Beechworth.

8307 Was the Greta station then the most dangerous position for you to be went to?— I think it was the most in the district.

8308 Is that the nearest to Kelly's place?— Yes.

8309 To Lloyd's place?— Yes, to Tom Lloyd's place.

8310 Is it nearest to people who are accused of being the most active sympathizers?— Yes.

8311 Right in the very centre?— Yes.

8312 Was it personal fear, what is called cowardice, that made you ask of your officer to be sent to anywhere but Greta?— It was not. Mr. Sadleir told me that Mr. Nicolson wanted a report from me, to ask my reason for not going there. I think my report is upon the 16th of September.

8313 What did you report?— If the report could be produced I should like it.

8314 You can say what it was—give the general tenor of your report?— I think I have a copy of it — [handing in a paper which was read by the Chairman as follows:—]

(Copy.)

North-Eastern Police District, Benalla Station, 16th September 1880 .

Report of Senior-Const. Kelly relative to be transferred to Greta.

I beg to inform the superintendent that my reason for asking him not to transfer me to the station referred to is the prominent part which I took in the capture and destruction of the Kelly gang, and the well-known feeling which exist against me there. I am the only member of the force in this district who gave evidence against Ned Kelly, and I have been advised, by many persons friendly to me, to endeavor to get removed from this district, as after the execution of Edward Kelly, there will be a much more bitter feeling of hatred against certain members of the force—myself in particular; and that sooner or later some serious or fatal violence will be committed on me. I do not desire to avoid going to live at Greta from any personal fear of such consequences; but I think that the ill-feeling which exist against me there would be a serious obstacle to the efficient performance of my duties. My being sent there will be looked upon us a challenge to the friends and sympathizers of the families connected with the outlaws, and will result as above referred to. I may remind the superintendent that, being on leave at the time of the murders of the police at the Wombat, I at once threw up my leave and returned to Benalla, and went into the bush with a party of men, and have been for nearly two (2) years exposed to the hardships of the search. Moreover, there is no place at Greta at which I can live, except Mrs. O'Brien's public-house. Her position respecting the Kellys is pretty well known, and I should receive but little consideration from her. I therefore trust that I shall be permitted to perform my duties in some locality where I can place my wife in a suitable home.

The Superintendent of Police, Benalla

JOHN KELLY, Senior-Const.1925....

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