Royal Commission report day 24 page 6

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The Royal Commission evidence for 1/6/1881

(full text transcription)

(see also introduction to day 24)

Sgt Steele giving evidence

9289 Therefore, if Arthur had fired with his rifle at Kelly, and missed him, was there a probability of his shooting the people at the railway station?— No, certainly not. It would have gone more towards the point of the spur of the hill.

9290 By Mr. Hare— You think that the entire credit of the Kelly capture is due to you–do you imply as much as that?— I shot him and arrested him.

9291 Was he not shot before?— Yes, I admit, but he was not dead–a long way from it.

9292 He was shot in the foot, was he not?— Yes, I have said so.

9293 With what?— A bullet.

9294 Do you know where the bullet penetrated?— No.

9295 You did not see his foot?— I just saw the boot taken off, and a wound under the ball of the foot.

9296 Are you aware the bullet was taken out of his foot afterwards at Beechworth?— No.

9297 Could he walk well when you arrested him?— Yes. I did not think he had got a scratch, when I saw him coming down.

9298 Had you not to carry him to the railway station?— Yes; he was shot in the leg and groin with buck-shot. He was walking deliberately about, and said, “Come out, boys, and we will whip them.

9299 What was the wound in the arm?— He was shot through the fleshy part of the arm.

9300 The lower arm and the upper?— Yes.

9301 It went through two places then?— Yes.

9302 When were those shots received.?— I could not tell.

9303 Did he not tell you–you have told hearsay and rumors–did he not tell you when?— From hearsay I can tell you. He said he was shot in the morning, early.

9304 You have told the Commission rumors that were going about; I ask you what Kelly said?— I said already there were old wounds.

9305 By the Commission— Can you say they were done at a prior date by their appearance?— Yes.

9306 Is that further confirmed by the statement made by Kelly when he got them?— Yes.

9307 In the foot as well?— Yes.

9308 By Mr. Hare— Had he bled very much?— He must have bled very considerably.

9309 Out of the two wounds in the arm and in the foot?— Yes.

9310 From the wounds before your shot?— He must have bled considerably before I shot him.

9311 You said he would have got back into the house had it not been for you?— I believe so.

9312 Could not Mr. O'Connor have prevented him from his position?— What was the good of shooting at him?

9313 Could not Mr. O'Connor have done so before he got into the house?— If he kept that strip of scrub, Mr. O'Connor could have only seen him a few yards, and I do not believe he could have shot him. I do not think he could have hit him in the legs from there. It would have been a chance if they had. They would have shot at his body naturally I suppose.

9314 The party round the house–Mr. O'Connor and Senior-Constable Kelly–were there two hours before you?— Yes.

9315 Are you sure that you heard the first shots that morning?— The only reason–the station master said he thought he heard the train, and I ran down the line and heard a volley fired then.

9316 You do not know whether that was the first volley?— No.

9317 There might have been a volley half-an-hour before that?— From what I can hear from men

9318 From your own knowledge?— I tell you from hearsay–from what I heard from the men, I believe it was the first volley.

9319 Why?— Because the second one, they say, followed in a few minutes after.

9320 What do you mean by the first volley–a number of shots?— Just like firing a volley, and then an odd rifle shot after, then there was a pause for a minute and a half or two minutes.

9321 Do you think 150 shots fired?— No.

9322 That volley consisted of about how many shots?— I cannot say; a volley might be 500 shots.

By the Commission — It is impossible for a man at that distance to tell.

9323 By Mr. Hare— You said in your evidence yesterday that I implied by the questions I put to Falkiner that you turned your back upon the outlaws?— Yes, I think you could have explained that.

9324 I want you to explain it; did you not do so?— No, I did not turn my back.

9325 You went in the opposite direction?— I went towards Beechworth; it was not exactly back.

9326 This was on the 3rd November. You say it is not in the opposite direction–Warby Ranges not the opposite direction to Beechworth, going by the train?— Hardly that.

9327 Did you, when you left Wangaratta that morning, or on arrival at Beechworth, telegraph to Mr. Sadleir to tell how certain you were they were the outlaws?— I do not recollect whether I did or not.

9328 Were you not told that those persons supposed to be the outlaws were leading a horse similar to the one taken from Kennedy–a pack-horse?

Mr. Sadleir objected to the question, on the ground that Mr. Hare was not in charge at the time.

The Witness — Certainly not; I received no description whatever of the horse–merely of the men, with chains jingling about the horses.

Mr. Sadleir objected. Mr. Hare was trying to throw dirt on those concerned, and as he had been stopped himself, he asked for Mr. Hare to be stopped.

Mr. Hare — Steele made certain statements in his evidence, which I wish to question him upon, reflecting upon my management, upon that I did not give him information about the Whorouly races, and so on. I wish to show now he got this information and did not take advantage of it.....

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