Royal Commission report day 25 page 7
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
9678 By “they “ did he mean the outlaws?— He said “they,” he did not distinguish the outlaws. I thought the whole lot had armour, from what he said–“ ‘and for God's sake don't go too near the hotel, for they intend to shoot you all in the morning.’ Phillips then went in front of the hotel, and I returned to my post at the tree which I had left, and remained there for about two hours and a half. Everything was very quiet at the hotel, but the horses in the yard behind were very uneasy. About this time I could hear a train coming in the distance from Benalla. I now left my post and went down to the railway crossing, near the gate-house; saw a black tracker come out of a drain behind me; I asked him how many of our men were killed, he said only two, Constable Canny, and Jimmy, the black tracker. I remained at the railway crossing until the train arrived at the station. The newly-arrived police came down the line towards the ante-house, when they (the police) were about thirty yards from the gate-house, when shots were fired at them from the windows of the hotel; a little after this I saw a man walking up the back yard of the hotel, and go amongst the horses, and at the same time saw a horse get out of the yard, and get away into the bush–
9679 Without a rider?— Without a rider. “I did not see the man again, he did not come back to the hotel. The horse that got out of the yard was the one that Edward Kelly had been seen riding, and judging from appearance I believe the man who was in the yard to have been Ned Kelly; I could easily have shot at him, but knowing the police, who had recently arrived, were mostly posted on that side, I was afraid I might shoot some of them, and I also knew that Kelly was wearing armour. At this time there were only two constables at my side of the building. About twenty minutes after I saw the man amongst the horses. Superintendent Sadleir came to the tree and told me to shoot at the chimney. I told him it was no use shooting at the hotel as the outlaws had armour on; he said that I must have made a mistake, I told him that I did not make any mistake, that myself and Edward Kelly had had several shots at each other at a short distance, about twenty-five yards. Did not fire at the chimney, as I was short of ammunition, only having twenty rounds, when I arrived on the ground, for my rifle. Shortly after Superintendent Sadleir left me, Senior-Constable Kelly came up and told me and another constable that had arrived by the Benalla train that he had picked up Ned Kelly's skull cap and rifle. I asked him what he had done with his own hat, seeing that he had the skull cap on; he said that he lost it in the bush. I showed him a hat, and asked him if it was his; he said it was. I told him that one of the black boys had found it under the culvert crossing; he said that he was not under the culvert; he afterwards said that he was going round to the men with ammunition, and must have lost it under the crossing. Soon after Constable Kelly left there was great excitement, and shots were fired on the Wangaratta side of the building; one of the black boys said that he could see a man running away, and one of his mates, called Jimmy, fired at him. About sixteen shots were fired on that side of the building. About half or three-quarters of an hour afterwards eight or ten shots were fired in the same direction. I saw a man run from a tree close to Jones's hotel towards the firing; he had not left his tree more than two minutes when I could hear someone calling out; I was afterwards told that it was Ned Kelly; I believe the man who left the tree close to the hotel was Sergeant Steele. Orders were given by someone on the ground to fire high. Shots were fired from the hotel after Ed. Kelly was captured. Once I saw a shot from the kitchen strike a horse that was loose in the yard; the shot was fired through slabs; the horse fell on his hind quarters and got up again. About 8 a.m. I saw a man at the hotel door hold up a white handkercllief; a shot was fired at the man, and he went inside again; I looked round, and found that it was one of the black trackers that had fired the shot. At this time someone in front of the building called to the people inside to come out, as the place would be shot into; about thirty persons came out, and were told to lay down in front of the hotel, and after being examined they were let go. The men that came out told the police that Joe Byrne was shot dead about 5 o'clock a.m. , and was lying in the bar of the hotel. Shots were fired, after the Kelly prisoners were released, into the hotel on all sides. The two outlaws, Hart and Dan Kelly, fired from the windows of the hotel on the Benalla side of the building. Firing was kept up by the police until 3.30 p.m. The hotel was set on fire by Senior-Constable Johnson, which burnt very quickly, owing, I believe, to quantities of kerosene and spirits being spilt about the floor inside the building. I was not told by Superintendent Hare that there were prisoners in the hotel; I first heard of it from McHugh, who said that there were about thirty of them; and they have got armour on, and are going to shoot you in the morning.”
9680 Then you kept up your position all through, where you were first?— I kept within from 30 to 60 yards the whole time, except when the prisoners came out; I got a little way away then.
9681 Who went with you from the platform the first thing?— I was holding the horses, and Constable Canny was getting out. Constable Barry was placed on guard with one of the black boys, I think. I gave Barry my rifle to hold, and said I would hold all the horses if he would hold my rifle in readiness. During some excitement, Barry went away, and left me and Canny with the horses. This excitement, I believe, was Bracken singing out; and Canny said what would he do with the horses; and Mr. Hare said, “Let them go.”
9682 In what order did you proceed from the platform to the railway gate?— I went alone, Canny following.
9683 Where was Mr. Hare?— He was on ahead.
9684 And all the others?— I believe he was in company with some others. I do not know.
9685 Did you see Mr. Hare and some of the others pass through the railway wicket-gate?— I saw Mr. Hare, and I believe I was the next man that passed through, and there was another man came through –I do not know who he was–and went down the side of the fence.....
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