Royal Commission report day 22 page 25
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8616 One of Mr. Nicolson's agents?— Yes.
Mr. Nicolson — I have not the slightest objection to Mr. Hare's question, but yesterday the Commission decided that this matter should refer to Mr. O'Connor.
8617 By Mr. Hare — It does not reflect at all against Mr. Nicolson. I made the statement in my original report, which I want the witness to substantiate. If the report is taken for granted, there is an end of it. I shall not then want to put the question. ( To the witness)–Do you remember the fact that an agent had come down from Beechworth for the purpose of seeing me?— Yes, I remember that.
8618 Did you made an appointment that evening at my request to meet him at a certain place?— I did.
8619 Did we keep our appointment–you and I?— We did.
8620 Did the agent?— No.
8621 After waiting there for some time did we see him elsewhere?— I suggested we should go where we thought we should meet him, as he was going by train.
8622 At the railway?— Yes.
8623 Did we see him there?— Yes, we did.
8624 What did I say to him?— I walked away from you. You took him to the end of the railway station platform, in the dark, and spoke to him there.
8625 Did you hear any of the conversation?— No, I did not.
8626 None at all?— No.
8627 What became of him?— He went away. He told me he would not work for you.
8628 When?— Before you saw him.
8629 Before I saw him?— Before you saw him.
8630 That night?— That night.
8631 You did not tell me that then?— I do not know. I forget if I did.
8632 I am certain you did not, because why should I meet him?— I pressed upon him to come and see you–that it was all nonsense.
8633 You did not speak to him after I saw him?— No.
8634 He went away in the train?— He went away, and I did not see him till after the Glenrowan affair.
8635 Come now to Sunday, 27th June, what time did I send you up to the railway station afternoon to see about a train or an engine?— About three o'clock, I suppose, in the afternoon.
8636 When we were stopped near Glenrowan, what position were you in, were you in front of me or behind me in the carriage?— I was in front of you–I was next to the engine.
8637 Did you speak to the guard before I came up?— I did. You put your head out of the window.
8638 Where were you then?— Standing upon the step of the guard's van.
8639 Are you sure that the guard was not midway between the pilot engine and our engine?— I spoke to him, I remember well; he said to me about meeting a man with a red light.
8640 Was not that after I left–did not I walk with three men towards the pilot engine?— Yes.
8641 I left you with the train?— Yes, I stopped there with the train; you went up to find the man–that is the schoolmaster.
8642 Did not I meet the guard some distance from the train?— I understood the guard came up to the train. I remember your putting your head out of the window. You asked what was up, and I said, “The pilot engine has stopped.”
8643 Exactly; I saw that myself. You do not recollect which I met?— I saw Archie McFie, the guard.
8644 When we got to Glenrowan platform what was the first thing I did when I got out?— You sang out to me to get the horses out.
8645 Are you sure of that; were the horses removed till I returned from the station master's house?— We were getting the horses out.
8646 Answer that question–did you see me and Mr. Rawlins going to the station master's house?— I did.
8647 Did you say the horses were being got out whilst I was away?— A few of them were out.
8648 Are you sure of that?— I am sure.
8649 .You say that you heard me call out to Mr. O'Connor to surround the house?— Yes.
8650 What distance could my voice have been heard when I called out that?— I should say it could be heard near the railway station there.....
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