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Royal Commission report day 22 page 12

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 18/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 18/5/1881|day 22]])

'''SConst [[SConst John Kelly|Kelly]] giving evidence'''

<span id="rc8250">[[#rc8250|8250]]</span> Had he [[Ned Kelly|his]] armour on at that time?— He had. —

<span id="rc8251">[[#rc8251|8251]]</span> Was his helmet off at that time you threw him upon [[Steele|Steele]]?— No, it was not. We took the armour off and searched him. I searched him, and [[Nicholson|Dr. Nicholson]] and I took the armour to the railway station, and Sergeant Steele and some other men took him.

<span id="rc8252">[[#rc8252|8252]]</span> How was the armour fastened on?— With bolts and nuts.

<span id="rc8253">[[#rc8253|8253]]</span> Was it fastened over the shoulder?— With straps.

<span id="rc8254">[[#rc8254|8254]]</span> What sort of straps?— About two inches wide.

<span id="rc8255">[[#rc8255|8255]]</span> Made of what?— Leather.

<span id="rc8256">[[#rc8256|8256]]</span> And buckled?— And buckled.

<span id="rc8257">[[#rc8257|8257]]</span> Leather or green hide?— Leather, regular straps.

<span id="rc8258">[[#rc8258|8258]]</span> Were there any saddle straps about it?— I do not think there were.

<span id="rc8259">[[#rc8259|8259]]</span> Did you see Dr. Nicholson examine him?— I did.

<span id="rc8260">[[#rc8260|8260]]</span> What wounds had he?— Several wounds.

<span id="rc8261">[[#rc8261|8261]]</span> Can you describe them?— Wounds in his arm and all along his thighs.

<span id="rc8262">[[#rc8262|8262]]</span> Which of those were fresh in your opinion?— The ones on the legs seemed fresh.

<span id="rc8263">[[#rc8263|8263]]</span> You say that you found the rifle covered with blood?— Yes; and he told me himself, in the presence of Phillips, that he got shot in the hand and the foot in the first volley fired by Mr. Hare's party.

<span id="rc8264">[[#rc8264|8264]]</span> Then he was shot in the hand?— Yes, in the elbow.

<span id="rc8265">[[#rc8265|8265]]</span> And that it was a pellet; he would have been shot by the shot gun?— I could not say.

<span id="rc8266">[[#rc8266|8266]]</span> 1 ask you if he was shot at the first fire, and if a pellet made that wound, he would have been shot by a shot gun that belonged to the first party that came up there?— Yes; he told me that he walked into the hotel, and asked [[Joe Byrne|Joe Byrne]] to follow him out, and that he went out at the back and Byrne did not follow. He said, “If Byrne came out to load my rifle I would be able to pick any of you off at 600 yards.”

<span id="rc8267">[[#rc8267|8267]]</span> Did he allude to the rifle?— To his own rifle.

<span id="rc8268">[[#rc8268|8268]]</span> Did he allude to the revolvers, rifle, or another rifle?— The revolving rifle. He had no other rifle. He told me that was his own.

<span id="rc8269">[[#rc8269|8269]]</span> Did you have to carry him down to the railway station?— No; I took his arm; I and Dr. Nicholson.

<span id="rc8270">[[#rc8270|8270]]</span> He walked?— They took him between them.

<span id="rc8271">[[#rc8271|8271]]</span> Was not there danger in going along with him?— There was a bullet dropped between Dr. Nicholson and me when we were taking the armour off, fired from the back.

<span id="rc8272">[[#rc8272|8272]]</span> I understood, in the evidence that you gave, that you stated that you had been recommended to the Customs Department as a suitable man to discharge customs duties?— Yes.

<span id="rc8273">[[#rc8273|8273]]</span> Did you join the Customs Department upon the recommendation of your officer?— I did.

<span id="rc8274">[[#rc8274|8274]]</span> Where were you sent for customs duty?— Up to Hamilton .

<span id="rc8275">[[#rc8275|8275]]</span> In the Western district?— In the Western district.

<span id="rc8276">[[#rc8276|8276]]</span> When you heard of the death of [[Kennedy Sgt|Kennedy]]—?— He was not shot at that time.

<span id="rc8277">[[#rc8277|8277]]</span> When you heard of the death of your comrades, did you volunteer to leave the Customs Department and go back to that district?— I was not in the Customs Department then. I was on leave here, in Melbourne .

<span id="rc8278">[[#rc8278|8278]]</span> Did you volunteer to go back to the district?— Yes; I threw up my leave, and went back to Benalla. I was then stationed at Wood's Point.

<span id="rc8279">[[#rc8279|8279]]</span> After you left the Customs Department, had you joined the North-Eastern district prior to your volunteering to go there before your time of leave expired?— No; I was sent back to the station at Wood's Point after leaving the Customs.

<span id="rc8280">[[#rc8280|8280]]</span> You were on leave of absence at the time of the murders?— I was on leave of absence at the time of the murders.

<span id="rc8281">[[#rc8281|8281]]</span> And you were asked to go back and not take out your leave?— No; I went back voluntarily.

<span id="rc8282">[[#rc8282|8282]]</span> Did you go to Hedi?— Not at that time; we went through [[Hedi|Hedi]].

<span id="rc8283">[[#rc8283|8283]]</span> Where did you go to?— The King River.....

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