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Royal Commission report day 18 page 18

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 11/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 11/5/1881|day 18]])

''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' giving evidence'''

<span id="rc5740">[[#rc5740|5740]]</span> Was not Captain Standish there to give you instructions?— He was there, but he did not give any.

<span id="rc5741">[[#rc5741|5741]]</span> Did you require any instructions on the hill side?— I thought we might have been informed of the information we were going on.

<span id="rc5742">[[#rc5742|5742]]</span> Is it an easy thing to inform thirty or forty police in the bush?— I should think it was a thing that ought to be done (not wishing to be impertinent) whether it was easy or not.

<span id="rc5743">[[#rc5743|5743]]</span> ''By the Commission. —''You would not see any difficulty in informing forty or fifty men?— No.

<span id="rc5744">[[#rc5744|5744]]</span> In conversation with Mr. [[Hare|Hare]], and in connection with the [[KellyGang|Kellys]], when you came down for final instructions to go back to that place, did Mr. Hare tell you anything about the probability of the Kellys attacking the police in armour?— No.

<span id="rc5745">[[#rc5745|5745]]</span> Did you know amongst the police that it was known amongst the officers of the force that the Kellys would likely meet the police in armour?— No.

<span id="rc5746">[[#rc5746|5746]]</span> If it was known to the police officers that the Kellys were going to meet the constables in armour, as a matter of opinion, would you consider that it would be desirable, in order that you should know how to act in the matter, that you should be informed of it?— Yes, I should.

<span id="rc5747">[[#rc5747|5747]]</span> Supposing that you had the knowledge now that the men were in armour and going to attack them, would that deter you from doing your duty?— It would make me more careful, still I would endeavor to arrest them.

<span id="rc5748">[[#rc5748|5748]]</span> If you were informed that the four men were going to meet you in armour would you approach them and endeavor to capture them in a different way from what you would if they were on equal terms with you?— Yes.

<span id="rc5749">[[#rc5749|5749]]</span> Would you attempt to rush them?— No.

<span id="rc5750">[[#rc5750|5750]]</span> How would you act?— I would have an idea to fire low, or something of that kind, to hit them in the logs.

<span id="rc5751">[[#rc5751|5751]]</span> Did you ever hear it said?— No, never a word.

<span id="rc5752">[[#rc5752|5752]]</span> ''By Mr. Sadleir''— Do you know what officers were aware that the Kellys were likely to be in [[Kelly's Armour|armour]]?— I do not.

<span id="rc5753">[[#rc5753|5753]]</span> You have heard a great deal since from later information. Have you any notion what officers knew?— No further except I saw about the letters of the “diseased stock,” received by Mr. Nicolson.

<span id="rc5754">[[#rc5754|5754]]</span> Are you not aware that I knew equally well with Mr. Nicolson?— No.

<span id="rc5755">[[#rc5755|5755]]</span> And Mr. Hare knew?— No.

<span id="rc5756">[[#rc5756|5756]]</span> You say it was about the 9th November that Mr. Smith found the police horses?— Yes.

<span id="rc5757">[[#rc5757|5757]]</span> You said the Kellys dropped the horses because they were pushed?— That is what I believe.

<span id="rc5758">[[#rc5758|5758]]</span> Did you see the horses after they were found?— No.

<span id="rc5759">[[#rc5759|5759]]</span> Then you cannot tell that it was that the horses were completely done, or that the Kellys were pushed by the police?— No.

<span id="rc5760">[[#rc5760|5760]]</span> What police were there there to push them?— [[Johnston|Johnson]] and his party and Inspector [[Brooke Smith|Brook]]

<span id="rc5761">[[#rc5761|5761]]</span> Would you be surprised to find, from Inspector Smith's statement at the time, and Mr. Nicolson's evidence since, that the marks on those horses were over a week old, from the time they were let loose till they were found?— I would not be a bit surprised at that.

<span id="rc5762">[[#rc5762|5762]]</span> ''By the Commission. —''Could anyone tell?— They might imagine.

<span id="rc5763">[[#rc5763|5763]]</span> ''By Mr. Sadleir. —''Cannot you tell by whether the marks are wearing out whether those are marks of yesterday or several days ago?— Yes.

<span id="rc5764">[[#rc5764|5764]]</span> ''By the Commission. —''If there were sweat marks?— Yes.

<span id="rc5765">[[#rc5765|5765]]</span> If I ride a horse to-day, and turn him out to-morrow, can you tell whether I rode it the day before by sweat marks?— No.

<span id="rc5766">[[#rc5766|5766]]</span> ''By Mr. Sadleir''. —That is not the question at all. If you see a horse that has been turned out from under the saddle, can you not say by seeing him next day that it is very recent?— Yes; I could , form an opinion.

<span id="rc5767">[[#rc5767|5767]]</span> ''By the Commission''. —Could a party not rest a day, or two days, and leave a horse behind?— Yes, they could.

''Mr. Sadleir'' . —My purpose is only to show those men were not pushed.

''By the Commission'' . —In your opinion.....

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