Royal Commission report day 27 page 10
The Royal Commission evidence for 8/6/1881
(see also introduction to day 27)
Mr Allen giving evidence
10767 Who first called out, “It is Ned Kelly,” do you think ?— I could not say; I would not like to say. At the time I think I knew. I think in my report I noticed who it was, but I could not remember now. I have not thought of the evidence since, more than passing conversations.
10768 Was there any firing coming from the hotel during the time that Kelly was being captured?— No. I was just going to point out that they seemed to have forgotten the hotel in the capture of Kelly; and I called out to them that they were firing from the hotel—it was merely to arouse them from Kelly, to make them take their positions. There was no firing going on, but I called out there was. If they had fired then from the hotel they could have picked off the whole lot of them. They were all exposed, and it was quite an easy shot—it was a revolver shot.
10769 About fifty yards ?— Yes.
10770 Would it be true that Ned Kelly was lying up against a log, not able to move, when Steele fired?— No; he was advancing slowly down.
10771 Did he lean against a log, as if to take rest?— No; he was closing up to the log, and Dowsett was at the other end of it, firing up at him with his revolver.
10772 The outlaw Kelly was apparently coming from the bush towards the railway station?— At an angle between the railway station and the hotel. He rested several times in his passage down; and I thought he knelt down, or stooped down behind the tree at one time to reload his revolver. He took it very coolly and quietly.
10773 He was taking aim very steadily?— Yes.
10774 How long did the whole affair last?— About a quarter of an hour, I suppose, or twenty.
10775 You did not see the outlaw Kelly retreating after going towards the hotel?— No, he kept steadily on; and I think the action and fire of Steele and Arthur had the effect of turning; his course off a little from that. I do not know whether it was to meet Senior-Constable Kelly—I think it might have been to miss him; but, whether or not, the fire that was kept up from Steele and Arthur was too hot, he turned from their direction to the direction in which Constable Kelly was.
10776 In the direction of the station?— Yes, more in the direction of the station.
10777 Did you see the grey mare?— No; I saw some horses in the back yard.
10778 At any point within fifteen yards of where Kelly was shot?— Not within half a mile; I searched half a mile.
10779 You did not see the grey mare there?— No; I went up through the scrub. Kelly said something about the grey mare, and I went up through the scrub afterwards to see if there was anything about it, but there was nothing there. The only horses that were there were the police horses that were scattered about.
10780 That was inside the fence?— Yes; the police horses all stuck together.
10781 You have seen and heard the evidence about the people coming out; I suppose it is in the main correct?— Yes; perfectly correct in the general way.
10782 Did you hear much firing from the hotel?— After early morning—after Kelly's capture there was very little.
10783 When do you remember, if you can remember, was about the latest shot that was fired?— I do not remember having seen any fired from the hotel after Kelly was caught, and my impression is that no shots were fired from the hotel after the outlaw was captured.
10784 What time would that be ?— About eight o'clock .
10785 You do not remember any more shots being fired after that?— When I said I took Senior-Constable Kelly's rifle to allow him to do something with Kelly, I tool: his position, and stopped there to ascertain how the firing was going on, and I moved up a bit to the police, those in a line across the hotel with the black trackers in the drain, and for the hour I was there I am perfectly satisfied that no shot was fired from the front or the Wangaratta side of the hotel, but the shots that came across the hotel from the drain and from the police at the Benalla side of the hotel passed through the top of trees where the police were on the Wangaratta side, and you could hear the ping of the ball.
10786 Those all came from the police and the black trackers?— Yes.
10787 Did you think that was reasonable firing?— I thought it was very reckless, hitting off the limbs and beating against the trees. They were all firing high.
10788 When we went there to examine the place we found the whole of the galvanized iron riddled from end to end?— I think that was in consequence of the order that was given about half past three in the morning to fire high.....
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