Royal Commission report day 28 page 10
The Royal Commission evidence for 9/6/1881
(see also introduction to day 28)
[[../../people/peA/arthurJPC.html|Const James Arthur]] giving evidence
11162 Why not?— He seemed to be crippled. The left arm was holding his right, and the right he had the revolver in. Then I fired at him again a second shot, and he seemed to stagger, but it had no other effect on him; and then I knelt down and aimed at a white mark—a slit in the helmet—and he staggered again, and I made a step forward, and he fired again a second shot. I then called on Constable Phillips , and he turned round and fired the same time as I did. Then I turned round to the other men, as it was no good firing at him, and sang out, and Constable Healey and Montifort were the nearest, and they came up and fired their shot-guns at him. He then walked and turned to the tree where we found the rifle and the cap. Then the other men further back, where Sergeant Steele and the others were, started firing right past Constable Phillips and me, and we had to shift or we would have been shot.
11163 You were in danger?— We were in danger; and then Sergeant Steele sang out to steady firing—it was a blackfellow; and Steele went behind a bush; and after Kelly went to the tree where the rifle and cap was found he turned round and was walking in the direction of the railway station.
11164 Down hill, in fact?— Yes; and he tripped over the limb of a tree and fell. As he was falling Sergeant Steele ran up and fired two shots, and then all the other constables rushed—there was a general rush on him.
11165 Do you say he tripped over that before Steele fired?— I do.
11166 That he was falling?— That he was falling.
11167 And when he came out in the morning he was staggering?— He could hardly walk— crippled. I could not say what from, perhaps loss of blood. He seemed to be crippled and weak the way he was tottering along—not able to walk.
11168 Are you positive now. I want you to be very certain about whether Steele brought him down with a shot or whether he had fallen before he fired?— He had fallen before he fired. If there were any shots it would be either Constable Healey or Montifort.
11169 Where was Dowsett?— He was down towards the railway fence, and Bracken.
11170 Did you see Dowsett fire?— Yes, I did. He was on my left, firing.
11171 Steele has stated he fired, and when he fired Ned Kelly went down, or collapsed rather?— No. In coming along there was a limb came out towards the drain, and, in stepping over the limb, he tripped, and staggered along, and fell.
11172 You are prepared to say that those who have sworn that he was struck by Steele , before he fell, are wrong in their impression?— I never saw Steele fire a shot till afterwards. He was down on the ground—not exactly on the ground—He was stumbling and falling.
11173 Did Kelly fall forwards or backwards?— Forwards.
11174 Who was upon him, then, first?— I could not swear who; there was a general rush, and we were all up about the same time.
11175 How far were you from him at that time?— About thirty yards.
11176 Were you up the hill from him?— I was towards the railway station.
11177 Had you been any nearer during the time?— When he first came out I was fifteen or twenty yards off.
11178 Why did you retreat?— I had to, because of the shots of my comrades. I was between the two fires—they were right round, and Ned was here and I was there.
11179 You were not frightened of Ned ?— No.
11180 You never ran away from him?— I never turned my back. I moved round to get at his back.
11181 Your moving was only to get a better position?— Yes, and to get out of the line of the others firing.
11182 It would be untrue to say you were attempting to escape from him?— Yes; because if I had shown cowardice, I could have waited behind the tree.
11183 Did you form the idea that he came from another world?— I could not form any idea. The only thing I thought at first it was some madman in the horrors who had put some nail keg on his head.
11184 Did be look a big man when he came along?— Yes; I could not make out what it was—a tremendous size.
11185 Much taller than a human being?— Yes.....
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