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Royal Commission report day 22 page 22

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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="rc8547">[[#rc8547|8547]]</span> I do not think you did?— I am not certain. I told you about the rifle, and I think I must have told you then that I thought one was away.

<span id="rc8548">[[#rc8548|8548]]</span> Do you not call to mind whether you may not have seen me again in the course of about half an hour?— I do not.

<span id="rc8549">[[#rc8549|8549]]</span> Can you be positive of that?— I cannot.

<span id="rc8550">[[#rc8550|8550]]</span> Was not I in communication with you nearly all the day?— I did not see you after you went down to speak to Mr. O'Connor till I saw you upon the platform, when [[Ned Kelly|Ned Kelly]] was taken into the [[Railways|van]].

<span id="rc8551">[[#rc8551|8551]]</span> What time was that?— About seven o'clock.

<span id="rc8552">[[#rc8552|8552]]</span> That was an hour later?— Yes, about that.

<span id="rc8553">[[#rc8553|8553]]</span> And after that you saw me constantly?— Yes, constantly. You and I examined together all the prisoners that came out of the house, and you ordered me to take the two young [[McAuliffe|McAuliffes]] in charge, when I told you who they were.

<span id="rc8554">[[#rc8554|8554]]</span> Upon the platform, at seven o'clock, when I saw Ned Kelly, did you find any difficulty in minutes.

<span id="rc8555">[[#rc8555|8555]]</span> Nor any man upon the ground?— No. I saw you once when the priest came to me about going into the house. I told him I could not give him any authority without seeing you.

<span id="rc8556">[[#rc8556|8556]]</span> ''By the Commission''— What time was that?— About three o'clock, when the house was going to be fired.

<span id="rc8557">[[#rc8557|8557]]</span> ''By Mr. [[Sadleir|Sadleir]]'' — When an officer, a principal officer, takes charge of men, what would you think of his running about with his own messages?— I do not think it is the officer's place to run about.

<span id="rc8558">[[#rc8558|8558]]</span> Did you ever see an officer running with his own messages–did you ever see such a thing?— No; he puts it through a non-commissioned officer.

<span id="rc8559">[[#rc8559|8559]]</span> He takes a smart non-commissioned officer, or a smart constable, to take his messages?— Yes, always

<span id="rc8560">[[#rc8560|8560]]</span> ''By the Commission''— Would you expect to see an officer on a duty like that go round to visit his outposts to see that they were all right in position–is that a duty that he would put upon an orderly if he was surrounding a place–would you consider it his duty to visit his outposts, and see that they were upon the spot?

''Mr. Sadleir'' — Certainly.

<span id="rc8561">[[#rc8561|8561]]</span> ''By the Commission''— I ask him?—(''The Witness''.)–Yes.

<span id="rc8562">[[#rc8562|8562]]</span> Did you consider shat your duty?— I did.

<span id="rc8563">[[#rc8563|8563]]</span> When you were in the position of command, the position of the highest man in the service in charge, did you consider it your duty to go round and see that your men were not shirking their duty?— I did consider it my duty.

<span id="rc8564">[[#rc8564|8564]]</span> ''By Mr. Sadleir''— Could I have any doubt about the manner in which the men were doing their duty that morning?— I did not. I never saw a man that did not do his duty then.

<span id="rc8565">[[#rc8565|8565]]</span> ''By the Commission''— Do you think it was a portion of Mr. Sadleir's duty to go round and see the outposts the same as you did?— I think it was, at least once, to see how they were posted.

<span id="rc8566">[[#rc8566|8566]]</span> Did you consider it the duty of Mr. Sadleir to go round and visit the outposts after he arrived in the same way as you had previously done?— Yes.

<span id="rc8567">[[#rc8567|8567]]</span> Do you consider it was your duty to do that?— Yes.

<span id="rc8568">[[#rc8568|8568]]</span> Whoever came after you it would be his duty to do the same thing?— Yes.

<span id="rc8569">[[#rc8569|8569]]</span> Whoever he may be, if it was an inspector or any one else?— Yes.

<span id="rc8570">[[#rc8570|8570]]</span> ''By Mr. Sadleir''— Can you say whether I did or not?— I cannot say.

<span id="rc8571">[[#rc8571|8571]]</span> ''By the Commission''— Did you see him?— I did not see him.

<span id="rc8572">[[#rc8572|8572]]</span> ''By Mr. Sadleir''— Was not moving about at the first a very difficult matter?— Yes, it was.

<span id="rc8573">[[#rc8573|8573]]</span> Had not each man enough to do at his post to mind himself?— They were all under cover, and behind trees.....

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