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Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 28 page 14|previous page]] / [[Royal Commission report day 28 page 16|next page]]
== The Royal Commission evidence for 9/6/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 9/6/1881|day 28]])
'''[[../../people/peN_P/phillipsWPmc.html|'''Const Phillips''']] giving evidence'''
<span id="rc11307">[[#rc11307|11307]]</span> Did you remain all day on the Benalla side?— No. At four o'clock [[Neil McHugh|Neil McHugh]] came out of the hotel, carrying [[Jones' Glenrowan Inn|Mrs. Jones's]] boy on his back. Constable Gascoigne was alongside of me. We said to one another quietly, “If this man does not come our way, we will not speak to him.” We were right across and could see right across the verandah, and the man proceeded down and went over the bridge under the road, and I said, “Paddy, perhaps it is two of them getting away.” That was to [[Gascoigne|Gascoigne]].
<span id="rc11308">[[#rc11308|11308]]</span> Which door of the hotel did he come from?— From the back.
<span id="rc11309">[[#rc11309|11309]]</span> Did he come round by the wicket fence?— He walked straight down.
<span id="rc11310">[[#rc11310|11310]]</span> When he came from the hotel what road did he take to reach the station—did he get over the fence?— He did not go to the station, he went through the railway gate.
<span id="rc11311">[[#rc11311|11311]]</span> Then he must have passed in front of the hotel to get to the railway gate?— Yes, and I said, “Gascoigne, perhaps it is two of them clearing out, come on and stop them;” and we ran down to the gate and he would not stop, and one of us threatened to shoot him, and then he came back, and between us he told us they had armour and there were thirty or forty in the house, and I said, “Who is inside?” and he said, “Three, I think, there is one or two of them wounded;” and he said, “Look out in the morning, they will shoot you all out at daylight.”
<span id="rc11312">[[#rc11312|11312]]</span> Did he tell you he put the [[Kelly's Armour|armour]] on them?— No, he said some red whiskered man did, I forget his name.
<span id="rc11313">[[#rc11313|11313]]</span> What weapon had you?— A Martini-Henry rifle.
<span id="rc11314">[[#rc11314|11314]]</span> Did you shoot often?— I fired one shot straight at the figure that was in front of the house, and then got behind a tree just opposite the verandah. There was a bush fire the other side of the house, and I could see three figures plainly, and I fired about four shots at them during the encounter, and I was surprised that none fell at about forty yards distance, so I fired a couple of shots low, and they walked off at once inside, and the figure that came out the second time fired about six shots, and Gascoigne said, “That is Ned Kelly, I know his voice.”
<span id="rc11315">[[#rc11315|11315]]</span> Do you know whether he went into the house then?— The way he went then, in my opinion, was round the Wangaratta end and round the back yard.
<span id="rc11316">[[#rc11316|11316]]</span> Did you see him after?— I saw him at seven o'clock in the morning.
<span id="rc11317">[[#rc11317|11317]]</span> Where were you then?— I was at the tree at the rear of the hotel. After I challenged McHugh I went round, and I thought Mr. [[Hare|Hare]] had not gone. I wanted to tell him about the armour, and I did not find him, and I went and told Kelly. He said, “My God ! they have all got away.” I said, “Never fear, they are in the house;” and I said, “I stopped a man who told me all about the armour that came out of the hotel,” and [[SConst John Kelly|Senior-Constable Kelly]] stationed me at a tree here—[''explaining the same'']. He showed me the spot where he had found the rifle. I stopped there from about a quarter to four to six, and then I challenged the Wangaratta police.
<span id="rc11318">[[#rc11318|11318]]</span> Did you see Mrs. [[Reardon|Reardon]] come out of the house?— Yes, I had my back to the house, and was watching the spot where Senior-Constable Kelly picked up the rifle. ([[The Complete Inner History of the KellyGang and their Pursuers (66)|JJK]])
<span id="rc11319">[[#rc11319|11319]]</span> Did you see Mrs. Reardon coming from the hotel?— The first thing I heard was Steele challenging somebody and firing, and then I heard a woman screaming; and with that there were from the front of the house several shots came up.
<span id="rc11320">[[#rc11320|11320]]</span> Did you hear [[Const Arthur|Arthur]] say anything?— He said, “Do not shoot—that is an innocent woman,” or “that is a woman and children”—something to that effect.
<span id="rc11321">[[#rc11321|11321]]</span> Was there any difficulty in yourself, Arthur, or [[Steele|Steele]] knowing that it was a female?— Not the slightest
<span id="rc11322">[[#rc11322|11322]]</span> Before he fired you could see distinctly it was a woman and children?— Yes, it was bright moonlight
<span id="rc11323">[[#rc11323|11323]]</span> Was there any one else?— Two or three children, and I thought three or four women.
<span id="rc11324">[[#rc11324|11324]]</span> Did Steele shoot immediately he challenged them?— Immediately.
<span id="rc11325">[[#rc11325|11325]]</span> Did you hear him say anything?— First, I asked him what he was shooting at, and he said, “By Christ! I have shot old Mother Jones in the —;” and I said, “It is a feather in your cap.”
<span id="rc11326">[[#rc11326|11326]]</span> Did you see what happened after—what did the woman do?— She was singing out, and went away out of the place. Steele was at some of the trees there, and she walked down. The fence was between her and Steele, and that was what saved her no doubt. After he fired there was loud talking going on, and screaming, and I do not know who took her away.
<span id="rc11327">[[#rc11327|11327]]</span> She was taken away at all events?— Yes, and did not go back to the house.
<span id="rc11328">[[#rc11328|11328]]</span> Did you see any other figure besides her?— No, only the boy.
<span id="rc11329">[[#rc11329|11329]]</span> Where was he?— He was following her, and all at once I saw him run back to the house.
<span id="rc11330">[[#rc11330|11330]]</span> Did you see that he had hold of a child?— No, I could not swear that.
<span id="rc11331">[[#rc11331|11331]]</span> Did you hear any one challenge the boy?— Sergeant Steele was the only one who challenged them
<span id="rc11332">[[#rc11332|11332]]</span> Did you see the boy shot at?— I do not know of it. I asked him what he was shooting at.
<span id="rc11333">[[#rc11333|11333]]</span> Did you see whether the boy was shot or not?— No, I did not know he was shot.
<span id="rc11334">[[#rc11334|11334]]</span> Did you see whether the boy was crawling?— Walking.
<span id="rc11335">[[#rc11335|11335]]</span> You could not say whether he had any one by the hand?— No.
<span id="rc11336">[[#rc11336|11336]]</span> Or his hand up?— No.
<span id="rc11337">[[#rc11337|11337]]</span> Did you see any man after the boy?— I saw a man at the back door, that is all. He walked out and walked in again. I did not see anything further.....
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[[Royal Commission report day 28 page 14|previous page]] / [[Royal Commission report day 28 page 16|next page]]
== The Royal Commission evidence for 9/6/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 9/6/1881|day 28]])
'''[[../../people/peN_P/phillipsWPmc.html|'''Const Phillips''']] giving evidence'''
<span id="rc11307">[[#rc11307|11307]]</span> Did you remain all day on the Benalla side?— No. At four o'clock [[Neil McHugh|Neil McHugh]] came out of the hotel, carrying [[Jones' Glenrowan Inn|Mrs. Jones's]] boy on his back. Constable Gascoigne was alongside of me. We said to one another quietly, “If this man does not come our way, we will not speak to him.” We were right across and could see right across the verandah, and the man proceeded down and went over the bridge under the road, and I said, “Paddy, perhaps it is two of them getting away.” That was to [[Gascoigne|Gascoigne]].
<span id="rc11308">[[#rc11308|11308]]</span> Which door of the hotel did he come from?— From the back.
<span id="rc11309">[[#rc11309|11309]]</span> Did he come round by the wicket fence?— He walked straight down.
<span id="rc11310">[[#rc11310|11310]]</span> When he came from the hotel what road did he take to reach the station—did he get over the fence?— He did not go to the station, he went through the railway gate.
<span id="rc11311">[[#rc11311|11311]]</span> Then he must have passed in front of the hotel to get to the railway gate?— Yes, and I said, “Gascoigne, perhaps it is two of them clearing out, come on and stop them;” and we ran down to the gate and he would not stop, and one of us threatened to shoot him, and then he came back, and between us he told us they had armour and there were thirty or forty in the house, and I said, “Who is inside?” and he said, “Three, I think, there is one or two of them wounded;” and he said, “Look out in the morning, they will shoot you all out at daylight.”
<span id="rc11312">[[#rc11312|11312]]</span> Did he tell you he put the [[Kelly's Armour|armour]] on them?— No, he said some red whiskered man did, I forget his name.
<span id="rc11313">[[#rc11313|11313]]</span> What weapon had you?— A Martini-Henry rifle.
<span id="rc11314">[[#rc11314|11314]]</span> Did you shoot often?— I fired one shot straight at the figure that was in front of the house, and then got behind a tree just opposite the verandah. There was a bush fire the other side of the house, and I could see three figures plainly, and I fired about four shots at them during the encounter, and I was surprised that none fell at about forty yards distance, so I fired a couple of shots low, and they walked off at once inside, and the figure that came out the second time fired about six shots, and Gascoigne said, “That is Ned Kelly, I know his voice.”
<span id="rc11315">[[#rc11315|11315]]</span> Do you know whether he went into the house then?— The way he went then, in my opinion, was round the Wangaratta end and round the back yard.
<span id="rc11316">[[#rc11316|11316]]</span> Did you see him after?— I saw him at seven o'clock in the morning.
<span id="rc11317">[[#rc11317|11317]]</span> Where were you then?— I was at the tree at the rear of the hotel. After I challenged McHugh I went round, and I thought Mr. [[Hare|Hare]] had not gone. I wanted to tell him about the armour, and I did not find him, and I went and told Kelly. He said, “My God ! they have all got away.” I said, “Never fear, they are in the house;” and I said, “I stopped a man who told me all about the armour that came out of the hotel,” and [[SConst John Kelly|Senior-Constable Kelly]] stationed me at a tree here—[''explaining the same'']. He showed me the spot where he had found the rifle. I stopped there from about a quarter to four to six, and then I challenged the Wangaratta police.
<span id="rc11318">[[#rc11318|11318]]</span> Did you see Mrs. [[Reardon|Reardon]] come out of the house?— Yes, I had my back to the house, and was watching the spot where Senior-Constable Kelly picked up the rifle. ([[The Complete Inner History of the KellyGang and their Pursuers (66)|JJK]])
<span id="rc11319">[[#rc11319|11319]]</span> Did you see Mrs. Reardon coming from the hotel?— The first thing I heard was Steele challenging somebody and firing, and then I heard a woman screaming; and with that there were from the front of the house several shots came up.
<span id="rc11320">[[#rc11320|11320]]</span> Did you hear [[Const Arthur|Arthur]] say anything?— He said, “Do not shoot—that is an innocent woman,” or “that is a woman and children”—something to that effect.
<span id="rc11321">[[#rc11321|11321]]</span> Was there any difficulty in yourself, Arthur, or [[Steele|Steele]] knowing that it was a female?— Not the slightest
<span id="rc11322">[[#rc11322|11322]]</span> Before he fired you could see distinctly it was a woman and children?— Yes, it was bright moonlight
<span id="rc11323">[[#rc11323|11323]]</span> Was there any one else?— Two or three children, and I thought three or four women.
<span id="rc11324">[[#rc11324|11324]]</span> Did Steele shoot immediately he challenged them?— Immediately.
<span id="rc11325">[[#rc11325|11325]]</span> Did you hear him say anything?— First, I asked him what he was shooting at, and he said, “By Christ! I have shot old Mother Jones in the —;” and I said, “It is a feather in your cap.”
<span id="rc11326">[[#rc11326|11326]]</span> Did you see what happened after—what did the woman do?— She was singing out, and went away out of the place. Steele was at some of the trees there, and she walked down. The fence was between her and Steele, and that was what saved her no doubt. After he fired there was loud talking going on, and screaming, and I do not know who took her away.
<span id="rc11327">[[#rc11327|11327]]</span> She was taken away at all events?— Yes, and did not go back to the house.
<span id="rc11328">[[#rc11328|11328]]</span> Did you see any other figure besides her?— No, only the boy.
<span id="rc11329">[[#rc11329|11329]]</span> Where was he?— He was following her, and all at once I saw him run back to the house.
<span id="rc11330">[[#rc11330|11330]]</span> Did you see that he had hold of a child?— No, I could not swear that.
<span id="rc11331">[[#rc11331|11331]]</span> Did you hear any one challenge the boy?— Sergeant Steele was the only one who challenged them
<span id="rc11332">[[#rc11332|11332]]</span> Did you see the boy shot at?— I do not know of it. I asked him what he was shooting at.
<span id="rc11333">[[#rc11333|11333]]</span> Did you see whether the boy was shot or not?— No, I did not know he was shot.
<span id="rc11334">[[#rc11334|11334]]</span> Did you see whether the boy was crawling?— Walking.
<span id="rc11335">[[#rc11335|11335]]</span> You could not say whether he had any one by the hand?— No.
<span id="rc11336">[[#rc11336|11336]]</span> Or his hand up?— No.
<span id="rc11337">[[#rc11337|11337]]</span> Did you see any man after the boy?— I saw a man at the back door, that is all. He walked out and walked in again. I did not see anything further.....
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<br />
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'''The [[Royal Commission report day 27 page 1|previous day]] / [[Royal Commission report day 29 page 1|next day]] . . . Royal Commission [[Royal Commission Index|index]]'''
[[Category:Royal Commission]] [[Category:April 1609]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
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