Royal Commission report day 28 page 12
The Royal Commission evidence for 9/6/1881
(see also introduction to day 28)
[[../../people/peA/arthurJPC.html|Const James Arthur]] giving evidence
11214 Did you see Mr. Hare after that?— No.
11215 Who was the next officer in command after Mr. Hare left?— Senior-Constable Kelly.
11216 Did Kelly take the management after that time?— He came out about half an hour after Mr. Hare went away from the drain, and came to me and asked where the remainder of the men were. I told him there were two up higher than I was; and he said, “Come on, we will go round and place them.” The only man he called to was Barry . Gascoigne was next to me; I pointed him out; I said he was all right. Then we went round—about 100 yards round—and spoke to Barry . He had Hero, the tracker, with him; and then we went round the back to the Wangaratta end, and there were no men there, and going round we found the rifle and cap.
11217 Did you consider Kelly was carrying out the order of Mr. Hare to surround the place with the men at his disposal?— Yes. They did not require any man to put them round; they knew what to do themselves.
11218 Did you hear Steele arrive?— Yes.
11219 Did you hear Kelly tell Steele anything?— Steele would not wait. Kelly said, “Hare is wounded, and one of the outlaws is gone,” and was going on, but Steele ran up to the tree, and would not wait; and I said to him, “Do not go up there, you will be shot by men between.” I meant he would spoil the shooting at the men in the passage, and he went to the tree.
11220 Did Steele place his men?— He did not.
11221 Did Kelly attempt to give instructions to Steele 's men?— He did to two of the men—he took two of them.
11222 For the purpose of placing them?— Yes.
11223 How many men had Steele ?— Five, I think.
11224 He never attempted to place the men at all, but ran up to this tree?— No.
11225 Did you see Mr. Sadleir when he arrived?— No.
11226 When was the first time you saw him?— About half an hour after Ned Kelly was taken.
11227 Where was that?— He came over to the tree I was standing near, about sixty yards from the hotel, on the Wangaratta end—[indicating on plan].
11228 What time did you see Mr. Sadleir?— About half an hour after Kelly was taken.
11229 You were then at the same tree?— Yes.
11230 Who was with him then?— No one was with him that I can remember.
11231 When did you see Mr. O'Connor ?— Shortly after that again, it might have been ten minutes. He was with Mr. Sadleir , towards the hotel; between the railway fence and the hotel.
11232 Were they behind the tree?— No, they were standing talking.
11233 Had they any shelter?— I think Mr. Sadleir was standing with his back against the tree, and Mr. O'Connor standing in front of it.
11234 Did you see Mr. Sadleir any other time during the day?— Yes, several times after that.
11235 Where was he?— At different places on the ground.
11236 Was he going round?— Yes, I was with him when they were firing at the house, when Johnson fire to it.
11237 Did you see Mr. O'Connor any further during the day?— Yes, I saw him several times with Mr. Sadleir , at different parts of the ground.
11238 Was there any firing after one o'clock from the hotel?— I think, at half-past two they were shooting out of the front, down towards the people on the railway station.
11239 Are you sure that the shots were fired from the hotel, and did not come from the police outside?— You could tell when within thirty or forty yards, by the difference in the sound. The sound of those outside would be sharper, those inside would be dull.
11240 Would the sound from inside appear to be from ordinary guns or rifles, or was it the sound from being fired inside the house?— Yes; it sounded deadened. It was different from any shot outside, from within twenty or thirty yards you could tell.
11241 Are you sure there were no shots fired as late as that?— Yes; I would take it to be halfpast two. I would not swear to the time exactly.
11242 You say you were there when the house was fired?— Yes.
11243 Did you see the dead bodies after the burning?— Yes.
11244 Where were they?— Lying in the small bedroom in the back.
11245 Which end?— On the Benalla end of the building.
11246 Were they both together?— Yes, about two feet apart.
11247 In the same room?— Yes.....
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