Royal Commission report day 25 page 10
Story of the KellyGang - the Royal Commission Report
The Royal Commission evidence for 2/6/1881
(see also introduction to day 25)
[[../../people/peD_G/gascoignePmc.html|Const Charles Gascoigne]] giving evidence
9747 Were they lying together when you saw them?— They were pretty close together, and I did not take exact notice, because I had just run a cartridge out of my rifle on account of so many people being about; and some fellow said, “Do not be so smart unloading your ride, young man, look what is coming before you”; and I saw some of their friends coming up, and that drew my attention away from the bodies.
9748 After you saw Mr. O’Connor with Mr. Sadleir, was that about the time the people were coming out?— Yes.
9749 Did you see anything more of Mr. O'Connor?— I never saw him again.
9750 You received no orders from him?— No.
9751 You mentioned that you were left to act apparently upon your own responsibility?— I was.
9752 And you did do so?— I did.
9753 Did Dwyer give you any instructions whatever when he came round with the bottle of brandy?— Not to me; but I believe he was the man that called out to fire high.
9754 Was that when he was next to you?— This was sometime afterwards. He gave no orders at the time of the bottle of brandy.
9755 Did you fire high in consequence of that?— No; I fired only two or three shots the whole night into the hotel, and that was at the first. The other ten shots fired by me were at the supposed outlaws outside the building.
9756 You were firing at the men when they came outside?— Yes.
9757 How many shots did you fire that time?— Thirteen shots.
9758 And ten of those you say were fired at the outlaws?— I believed them to be the outlaws.
9759 Not at the building?— No.
9760 How far distant were you from the outlaws when you fired at the men–do you think you flit the object you fired at?— I believe I hit the object.
9761 That was when you ascertained they were in armour?— When Ned Kelly came out the second time, he walked from the front of the hotel towards the railway line. Ned Kelly fired a shot, and there were three shots returned at him. Kelly then fired at three men standing down on the Benalla side, near the big gates; and he fired single shots, and those men paid no attention to the shot at all. I was stationed a little above them, and I fired at Kelly, and he fired at me two or three shots, and the last shot I fired, he said, “You b — cocktails, you cannot hit me; I am in iron.”
9762 Did you hear the sound of the bullet on the armour?— No; there was a coat on that prevented that.
9763 Did you know Kelly?— Yes, I knew him; I knew him by his voice and appearance.
9764 You knew him before, personally?— Yes; I had a conversation with him at one time before Fitzpatrick’s affair. I was looking for some horses, and he told me he was very sorry for what he did in Benalla; but, for all that, he would be one with Lonigan and Phil. Smith one day.
9765 What did that mean?— That he would have it out some day.
9766 Have you any knowledge of when Ned Kelly got away?— After we had the shots at one another and he said that, he walked towards the corner of the fence, but the smoke was so thick I could not see whether he went in the fence or towards the bush; so after this some time Senior-Constable Kelly and Arthur found the rifle in the direction he went.
9767 Do you know when he was coming down where he eventually was taken that he was followed by his horse, or had his horse with him?— No; his mare made her escape out of the hotel yard at six a.m., and was not caught until next day.
9768 Did you see the mare at the time that you fired at him; was his mare about then?— She was in the yard, I believe.
9769 Do you know that?— The only thing I know about it is about five o'clock, or half-past in the morning, some man walked up the yard from the hotel and went into the yard, and I saw him go among the horses; and I saw the horse rear up in the yard, and the man could not get on, and she broke through the slip-rail through the fence of the hotel away on the Benalla side, and turned into Morgan's Creek out into the ranges.....
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