Royal Commission report day 39 page 3

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The Royal Commission evidence for 22/7/1881

(full text transcription)

(see also introduction to day 39)

[[../../people/peL_M/marsdenF.html|Mr Frederic John Marsden]] giving evidence

13997 How did it appear to you that Ned Kelly fell—would it be a trip or apparently falling from a gunshot wound?— Shot, I should say, decidedly.

13998 Did it not strike you he tripped coming down?— No, he sat down behind a log and after while and came on again.

13999 Did he fall with his head downhill or up?— Downhill, I think.

14000 Towards the railway?— Yes.

14001 Were you near enough to see whether his helmet fell off or was taken off?— No.

14002 You do not know whether Dowsett the revolver out of his hand or not?— I should, certainly say he did not.

14003 Were you close enough to say that with certainty?— I cannot say who took it; I only know who gave it to me. Sergeant Steele fired, and then rushed to him when he fell.

14004 Did you see anything at all of Reardon and his son or their movements when the men came out of the house?— No. I do not remember it.

14005 Did you see Mrs. Reardon?— I saw her on the station.

14006 You did not see anything that occurred when she was coming out?— No, I saw her run out

14007 Did you remain on the platform?— The greater part of the time, and I was just at the fence at one time.

14008 Did you see Mrs. Jones at all?— Only on the station. She came across and commenced to abuse Sergeant Steele .

14009 What did she say?— Called him a dog for shooting at them.

14010 For what?— She seemed to blame him for having the men there shooting.

14011 It was simply a general accusation?— She personally accused him, and abused him because he was about the first one she saw that she knew, and thinking he was very active. I handed Sergeant Steele my knife to cut Kelly 's armour off.

14012 Did you see Steele excited about the place?— No, he seemed to be rather the reverse—very cool.

14013 By Sergeant Steele— When you got to the Sydney crossing, about a mile from the hut, Mrs. Jones's, did you enquire whether the police had passed through there?— No.

14014 Did you hear anyone make enquiries there?— No. I understood the police had passed through ahead of us.

14015 Do you recollect when I handed you the revolver making any remark about the revolver?— Yes; I remarked about it having “Sydney” on it, as if it belonged to New South Wales or something.

14016 By the Commission— Where was Sergeant Steele when he said that?— He was over the body of Kelly.

14017 By Sergeant Steele— Did you see me previous to my firing at Kelly?— I saw you coming towards him from the house when he was coming down the hill.

14018 At that time, did you see any constable in the act of rushing him?— No, certainly not. I saw Dowsett and Senior-Constable Kelly firing at him.

14019 But had they started to come from under their cover at the time I fired the last shot at Kelly and he dropped?— No, I should say not.

14020 Did you see Senior-Constable Kelly coming to my assistance after Ned Kelly kind fallen?— Yes, he was up before me a long time.

14021 Had he his rifle in his hand?— I could not say, there were so many guns and rifles. I could not say who had a rifle and who not.

14022 Could you say from Ned Kelly's demeanour that he had been wounded previous to my shooting—did he appear like a man who had been disabled?— I knew he hand been shot.

14023 But from his demeanour at the time would you say he was a wounded man then?— No, you could not tell. He tapped his armour on the breastplate, and said, “Come on, you—dogs.” You could not tell. I was some distance off.....

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