Royal Commission report day 22 page 8
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8129 Five?— No, I do not think five.
8130 Two?— It might be a couple of minutes.
8131 Between two and five minutes?— Yes.
8132 Had you any conversation with him?— There were two black trackers with him.
8133 Two drains have been mentioned as the position in which Mr O’Connor was upon that day.
8134 Is the drain within the railway fence?— Yes.
8135 What is the fence composed of between that and the Jones's house?— There is one rail—a top rail, about four by one.
8136 And how many wires?— Four or five wires; I could not say how many.
8137 Four or five wires and a top rail?— Yes. I asked Mr. O'Connor to come round—that we would place the men.
8138 Did the men come outside of the drain, outside the fence, and go round the house?— Yes, to surround the house. He said no, he would stop there. I went away then around; I went under the culvert—that culvert leading from that drain—[pointing to map]—and came out the other side.
8139 That is the Wangaratta side of the house?— No; the Benalla side.
8140 You went down the drain?— Yes, and crossed under the culvert to, the other side.
8141 That is the Benalla side?— Yes.
8142 What constable did you meet first?— Arthur.
8143 What did you say to him?— I asked where the rest of the men were. He pointed out Gascoigne Phillips.
8144 Where was Gascoigne?— Nearest to the house.
8145 Up the road towards the Sydney road?— At the end of the house on the Benalla side.
8146 That is the south end of the house?— Yes.
8147 Did you go to him?— I went further on, and I found Kirkham.
8148 That was the next man?— That was the next man. He had a black tracker with him.
8149 Is that Hero, do you think?— No.
8150 Then that is two black trackers?— Yes.
8151 You account now for one, and Barry says that one was with Kirkham; that is two?— The next I met with Constable Barry.
8152 That is the third man and two black trackers at the end?— Yes. I told Barry it was a good position, and to keep it. He was behind a tree, and he had a good view of the back of the hotel.
8153 He was still upon the south side?— Yes.
8154 Would that be in a line where the bodies of the two outlaws were found afterwards?— Yes. I gave them some ammunition.
8155 What ammunition?— Martini-Henry.
8156 You did not tell us where you got that ammunition?— I gave him some of my own. I had none from the railway station then. I took Constable Arthur with me. I told them I would go round, and went to the other side of the house.
8157 Where did you find Arthur?— He was the first I found at-the back, and where Phillips and Gascoigne were. I took him further back.
8158 To see that the line was completed?— Yes. Constable Kenny I did not see, but he told me after that he had a position to the right of Mr. O'Connor, and a black tracker was with him.
8159 In front of the house?— Yes. I went to the north. When we got round to the north side of the house, crawling up upon our knees, we came upon rifle and a skull-cap.....
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