Royal Commission report day 27 page 9
The Royal Commission evidence for 8/6/1881
(see also introduction to day 27)
Mr Allen giving evidence
10743 Did you see the struggle between Kelly and his captors?— I did not see any struggle; I saw all of it. I saw Guard Dowsett crawling up beside the log beside which Kelly fell, with a revolver.
10744 Did he fire many shots at him?— Yes, several shots from that position behind the log, the other side of which Kelly fell.
10745 Is it true he fired more shots at Kelly than any other person at this time?— I would not like to say, because there were a great number of shots being fired all round. I think he was the closest in— indeed, I thought that with another step Kelly would have brained him—he was so close, he could have struck him down, he was walking right on to him.
10746 Did you see the rush made on to Kelly?— Yes.
10747 Who was the first to seize him?— Sergeant Steele was somewhat the first, being closer in.
10748 Did you sec Steele fire at him?— Yes, I saw they were all firing; Arthur and a number of I them were about that position.
10749 Did he trip at Steele's fire?— He seemed to be affected by Steele's last shot, but I do not think any one shot more than another contributed to his capture—it was the accumulation of the shots.
10750 Strong evidence was given here, I think, upon the conduct of Senior Constable Kelly—did you see him?— Yes.
10751 Would it be the fact that he retreated at all?— No, as the outlaw, Ned Kelly, came down from the scrub—he was half on to the hotel and half on to the station, at the angle between the two like— the police gradually retreated from their positions; several of the police gradually retreated from the trees they had taken advantage of up there when they were firing at the hotel.
10752 He was coming in rear of them?— Yes, they retreated, and I at the time thought they were running away, the retreat seemed to be so unanimous, and I said to the ladies in the carriage, “The beggars are running away from them.”
10753 You do not hold that opinion?— After I went forward again and watched them I found they were only taking up better positions, that is they got round him; they retreated for the purpose of getting round him, and when they made a circle round him they gradually closed in on him. Steele and Kelly were the nearest to him. They closed on him and grappled with him.
10754 Constables Kelly and Dowsett were closing on the outlaw at the time Steele came from the other side?— Yes.
10755 Would it be correct to assume that if Steele had not been in that position at that particular time Ned Kelly would have been able to make his retreat to the hotel good?— Oh no.
10756 You think he would have been only closed upon by one of the other constables or Dowsett?— Yes.
10757 Were you close enough to see who wrenched the revolver from Ned Kelly's hand?— I saw a struggle for a moment, I thought it was Steele. I am not sure about that point, however, because they were all up together at the moment.
10758 If Dowsett swore he wrenched the revolver from Kelly's hand you could not contradict him?— No.
10759 It was sworn yesterday by Mr. Melvin that Senior Constable Kelly advanced from the first. Is that your view, that he advanced on from the first moment as against Kelly the outlaw. Did you see any retreating on his part?— No, my impression is that Kelly from his first position, his position low down, made a gradual advance right up to the outlaw.
10760 He did not retreat?— No, his advance was right up to Kelly.
10761 Did you hear any conversation between Ned Kelly and his captors at the time?— Yes.
10762 Did you hear Sergeant Steele say, “I swore I would be in at your death you wretch”, and he was about to shoot him then, so it appeared, when Dowsett said, “Do not shoot him, take him alive”?— I heard Steele make some remark like that, I think those were the remarks, but I think it was Constable Bracken who jumped across the outlaw's body and held Steele's revolver off. I thought Steele put his revolver into the cap of the helmet, that was the impression at the moment. He had his revolver and he was using it in some way, and I thought he meant to blow the outlaw's brains out, when Bracken, to whom Kelly appealed, saying “Save me—I saved you,” jumped across and said he would shoot any man who dared to touch him. Dwyer came up at the moment, rushed up in a great hurry to kick him, and, I think, did kick him.
10763 Did you hear Dr. Nicholson say he would report him if he did that again?— I do not think Dr. Nicholson was there then. There was great excitement at the moment of his capture. All the police circled round him, and seemed inclined to pull him to pieces. Bracken stood over him and protected him. Constable Kelly was down on his knees, taking off his helmet.
10764 Are you sure it was the helmet?— Yes.
10765 We have heard that the helmet fell off when he fell down?— No, I am quite sure it was taken off. I am in doubt whether it was Senior Constable Kelly or another; but I think it was Kelly, because, as Kelly stooped down to do something, he gave me his rifle and ammunition bag, and I took his position behind that dead tree there.
10766 After giving his rifle, it was for some purpose ?— It was for the purpose of taking something off Kelly—relieving him of his armour....
Previous page / Next page
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
The previous day / next day . . . Royal Commission index
