Royal Commission report day 22 page 9
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8160 When you passed round the house to the north, if you went round that way, you would come against the stockyard’s fence?— Yes, we went right round the fence.
8161 Did you station anyone at the stockyard fence?— No, we went round there, and Constable Arthur.
8162 You found a rifle?— We found a revolving rifle.
8163 Did you or Arthur find it?— Both of us at the same time.— Arthur pointed to the rifle, and said, “Look at this,” and I pointed to the silk skull-cap, and said, “Look at this too”; it was all full of blood.
8164 The cap was?— Yes; and there was a pool of blood there, and I said, “My God, some of them have escaped.”
8165 Was that the revolving rifle?— Yes, I have a bullet belonging to it—a six-chambered rifle. I took the rifle, and planted it in the little scrub there for a bit.
8166 Was the blood fresh?— It was fresh upon it. In fact it stuck to my hand when I took up the rifle.
8167 What occurred then?— We fired a few shots at the top of the house, to let them see we were round there at that side. We saw people passing in and out from the kitchen to the hotel, and heard Mrs. Jones talking about her child being shot. We retrained there for some time—I believe, to the best of my knowledge, till between five and six o'clock .
8168 You were at the finding of the rifle. We want to ascertain exactly what you did then. You say you brought Arthur with you, and found the skull-cap?— Yes, and the rifle.
8169 Did you take any proceedings to see that the house was completely surrounded, for that would leave that position already occupied by Steele and all round open—was it upon?— It was as bright as day, and no person could come out that we could not see at that side.
8170 It was moonlight?— It was as bright as the day—moonlight.
8171 Was there any firing upon the house from the side where you could see?— There was not from our side.
8172 That is from the north?— That is from the north.
8173 What did you do after you found the rifle?— About half an hour before Phillips came round to me.
8174 Were the constables walking round amongst the trees?— No.
8175 How did they come?— Constable Phillips came round to the front from the railway station, like from that direction [pointing to map].
8176 Was not Constable Phillips one of the first men?— Yes, he was near Gascoigne, I believe. He told me that he had followed a man that came out with a child in his arms (McHugh), and that he told him they were inside all in iron.
8177 That the outlaws were inside and in iron?— Yes. I said to Phillips, “They are not all in; we have found a rifle and a skull-cap.” The next that came was Sergeant Steele. At the same time, I heard two trains, one coming close down from Wangaratta and the other from Benalla.
8178 You say that the next who came was Steele —did you hear the Wangaratta party coming?— I did. I asked who was there, and they said, “Wangaratta police.”
8179 Did they take up their position, or did you order them to take up a position?— Steele ran and took up a position at the north end, close to the house.
8180 Is that the tree that stands close to the building that is there now?— Yes, he had a full view of the back door. I ran down to meet Mr.Sadleir when I heard the train coming in, and he was standing upon the platform when I went down.
8181 The Wangaratta party then strengthened your party?— Yes, and took a position.
8182 Who told them to take a position?— I told them to go further up. I told Mr. Sadleir the circumstances of the matter, and how the thing stood.
8183 After you saw Sergeant Steele opposite the door, and saw that his men were made up at the rear of the house, you then went to meet the train?— I went to meet the train.
8184 And Mr. Sadleir was there?— Yes.
8185 Whom did you see first?— Mr. Sadleir.
8186 What did you say to him?— He asked me where Mr. O'Connor was, and I said, “He is down here, in a hole”; and he said, “Take me down and show me where he is.” I went down. Mr. Sadleir said, “Come on after us”; and I told him some of them would get shot if they did not come single file.....
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