Royal Commission report day 28 page 9
The Royal Commission evidence for 9/6/1881
(see also introduction to day 28)
[[../../people/peA/arthurJPC.html|Const James Arthur]] giving evidence
11137 Could you be positive that Steele deliberately fired at that young fellow?— No, because he was the nearest to me, and had to fire past me.
11138 You have no hesitation in saying Steele deliberately shot at the young fellow?— Yes, he shot at him
11139 Did you see him fall?— Not with the shot Steele fired, but with another shot he fell in the door. I would not swear it was Steele fired that second shot.
11140 Did Steele make any remark?— Not then. After the youth, a man came out with a child in his arms, and Sergeant Steele sang out to him to hold up his hands.
11141 Did he do so?— He threw up his arm, and he fired at him. The man crept on his stomach, I and crept into the house.
11142 Would that be the act of a sane man or a madman?— He seemed like as if he was excited. He fired from the tree when he first was there. He fired when I could see nothing to fire at.
11143 You did not see that he had been drinking?— No. When he came first in the morning, he came to where Constable Kelly and I were standing, and we went to tell him about the outlaws being in the house, and he would not wait; he rushed over to a tree close to the house leaving his men to place themselves.
11144 He did not place his own men?— No, not his own men, or anything—he would not wait.
11145 Who placed his men?— Senior-Constable Kelly took two, and the others went by themselves.
11146 You recollect you are on your oath; are you quite positive in these statements you have made?— I am. (JJK)
11147 And that young Reardon was not crawling?— He was not, not when he came out.
11148 And the man that held up his hands after, you say Steele fired at him?— Yes.
11149 We have it in evidence that the elder Reardon fell upon his knees or belly, and crawled in?— That is what I say. I would not swear it was Reardon or young Reardon, but those that came out after Mrs. Reardon.
11150 You have no doubt in your mind that this was a woman?— Any man could see her and hear her voice.
11151 You had no suspicion in your mind that it was one of the outlaws?— None at all.
11152 You could tell the voice?— Yes.
11153 Sergeant Steele had the same opportunity of knowing that as you?— Just the same.
11154 Did he make any remark when you said you would shoot him if he fired again?— No; the only one was that he had shot Mrs. Jones in the —
11155 Were you at the capture of Ned Kelly?— I was.
11156 About what time was that?— About a quarter past seven, or half past.
11157 Was it pretty clear light?— It was foggy in the morning.
11158 If it had not been foggy it would have been clear?— Yes.
11159 Might that occur from the smoke from the guns?— No, I think not; it was a very foggy night all through.
11160 Where were you when Ned Kelly first appeared coming in?— I was about 100 yards from the house at the Wangaratta end. After Steele fired at this woman I shifted back, took up another position at the log, and then shifted further back again. I had a Martini-Henry rifle; it was as good at 100 yards as at twenty, and I was afraid if I stopped too near I would hit some one the other side. I was kneeling down when I heard something behind me, and I turned round and saw—I could not make out what was coming from behind the bush, and I told him to keep back or he would be shot.
11161 Were you the first that saw him?— I was. He made some rumbling noise through the helmet, and I said I would shoot if he came up, and with that he raised a revolver, and as he did so I fired at him, and he staggered, and then fired in the direction of me. The shot fell about half way. He could not raise his arm very well.....
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