Royal Commission report day 36 page 6

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The Royal Commission evidence for 6/7/1881

(full text transcription)

(see also introduction to day 36)

[[../../people/peD_G/fitzpatrickAPC.html|Const Alexander Fitzpatrick]] giving evidence

12851 On the morning when you left Benalla did you see McIntyre?— No, I do not think so.

12852 When you got your instructions from Whelan to go and take charge of the station, was McIntyre, from Mansfield, then in Benalla on duty; did you see him that morning you were ordered to go to Greta?— I do not know whether he came in that morning, but I recollect his coming in from Mansfield. I only returned from duty that morning.

12853 Had you a conversation with Mclntyre that morning in Benalla?— I think not.

12854 Will you say you had not?— I could not really tell you.

12855 Did you know that McIntyre was in that day from Mansfield ?— I do not recollect it.

12856 When you got fired at that time what occurred?— Ned Kelly prevented them from doing any more, and I fell down on the floor insensible.

12857 What really did occur afterwards?— Alter I got up Ned Kelly examined my hand and found a bullet in my wrist, and said, “You must have it out of that”; and I asked him to let me go into Benalla to let the doctor take it out, and he refused; and I saw he was determined to take out the bullet. He wanted to take it out with a razor, and I took out my penknife and he held my hand and I took it out. It was not very deep in; it was a small-sized ball.

12858 You did not take Dan Kelly at that time?— No.

12859 What did you do after — did you leave the house immediately?— No, I could not leave for some time. They kept me till eleven o’clock after I came round, and would not let me go.

12860 What time did this occur?— Just at dusk.

12861 Where did you go to from there?— To Winton–tbrough Winton to Benalla.

12862 And you reported what occurred?— Yes.

12863 You said that Williamson and Skillian had revolvers–How do you know they were revolvers?— I could swear it.

12864 You have sworn it?— Yes.

12865 What position were they in?— Just coming in; Skillian alongside with Ned Kelly with a revolver in his hand, and Williamson came in out of the bedroom with his revolver.

12866 How long before that had you seen Williamson chopping wood?— Fifteen minutes.

12867 Had he a revolver then?— No, I did not see one.

12868 How did he get into the house before you did?— I do not know.

12869 Were there two doors?— There was only the entrance.

12870 How did he get in before you and Dan Kelly?— He may have removed a sheet of bark at the back and come in. I did not see him come in.

12871 Were you under the impression that they had made up their minds to resist the arrest of Dan Kelly?— No, I did not think they would. I was on friendly terms with them in this respect, that I had arrested Ned Kelly for being drunk and I never pressed the charge against him; and he said I was the only man up in the district any good. Shortly after Jack Lloyd, Tom Lloyd , two young fellows, and Dan Kelly committed an outrage at Winton.

12872 What was the nature of that?— One was charged with attempted rape and the others with burglary. I think it was mentioned in the warrant.

12873 Whose house was that?— Goodman's and Joe the hawker. He had a small store in Winton. There were warrants issued for their arrest. The police were some time in pursuit of them and could not get any trace of them at all; and I was going to Benalla on, I think, the second or third week after the warrants were issued and met Ned Kelly . He told me that Inspector Brook Smith had been speaking to him and asking him to give the boys up, that it was no use keeping out of the road. He said he would not give them up to him, but he said if he gave them up to anybody he would give them up to me; and he said he would keep them out of the road for a twelvemonth in defiance of all the police, so I advised him to make them give themselves up. I told him I did not think there was anything serious against them, so accordingly the following morning he brought them into Benalla, came galloping up to the police station and told me he wanted me, so I went down the street with him. He said the three of them had ridden in that morning from their own place or wherever they had been hiding the period they were out; so I arrested the three of them, read the charges to them, and brought them to the lock-up.....

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