Royal Commission report day 22 page 17

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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

8390 You say you knew how the men of Mr. Hare’s party were armed. How many of the party had double shot guns?— Only one.

8391 Who was that?— Canny.

8392 No officer?— Mr. Hare had a double shot gun.

8393 Then if the doctor’s evidence gave a sworn statement that the wound in the hand which disabled Kelly from shooting was from a pellet, which is similar to the one used in the cartridges by the police, and that it was in the early part of the tight, must it have been either from the gun of Mr. Hare Constable Canny?— Yes.

8394 Must have been?— Must have been.

8395 No other man had a double shot gun?— No other man had a double shot gun.

8396 Have you ever opened the cartridges with which those guns were loaded?— I have.

8397 What is the description of the charge?— Eighteen pellets and the wire cartridge.

8398 The wire cartridge is the casing of the pellets?— Yes; there are eighteen in one. We used pellets in one, and wire in the other.

8399 Are there not pellets in both?— Those are BB shot.

8400 Not so large as the other?— No.

8401 If the doctor says that the wounds inflicted on Ned Kelly were not recent, had been done prior to the shooting by Steele, and that he had a wound in the arm, and it was effected by a pellet similar to the ones the police were armed with, would you say it was one of the two persons that were named with the gun that did it?— Yes, certainly.

8402 How many men fired at him, when he stumbled at the tree, with double — barrelled guns?— Do you know?— None but Sergeant Steele.

8403 Was Sergeant Steele armed with a double — barrelled gun too?— Yes.

8404 Was he armed all through that day with the double — barrelled gun?— Yes.

8405 To your knowledge?— Yes.

8406 If shots were taken out of his leg similar to the shots which he was wounded with in the morning would that indicate to you that he was shot in the legs by Steele?— Yes.

8407 Do you think that if a woman swears she was shot at by Constable Steele, and that the bullet went through her shawl and cut a bullet hole through, Sergeant Steele being armed with a double-barrelled gun and wire cartridges, could that be true?— It could not.

8408 It could not be true?— No.

8409 Who was the first constable you saw shoot Ned Kelly, when he was coming down that day?— I think Constable Arthur.

8410 And he fired more than one shot at him?— He did.

8411 Did Ned Kelly attempt to shoot him?— He did, he fired at him.

8412 Could you ascertain in the morning about how many constables fired the first volley against the outlaws, when they fired?— I could not say how many fired.

8413 Did you fire?— I did.

8414 Is it true that you went round the station during the whole time that elapsed between the leaving of Mr. Hare in the train, and the taking charge of Mr. Sadleir?— Yes, I went round.

8415 All that time you have sworn that to your knowledge Mr. O'Connor was inside the railway fence, in the drain that you h eve mentioned?— Yes.

8416 Do you say that from not seeing him elsewhere or, how do you arrive at the knowledge?— I never had seen him at any other place all the time.

8417 Then you only say that he was there from the fact of your not seeing him?— Yes.

8418 Had you any knowledge whether you were the responsible officer in charge from anything that was said to you from the time of Mr. Hare’s departure till you reported the position to Mr. Sadleir?— I considered that I was. I had all responsibility, I never looked upon Mr. O'Connor except just as in charge of the blacks.

8419 You felt the responsibility was upon you?— Yes.

8420 When Mr. Hare called upon Mr. O'Connor and the black boys to come forward, that he was wounded, and you saw your officer retreat or go away from the wounds; if Mr. O'Connor had then and there come forward and taken the command, would you have accepted his orders?— I would assist.....

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