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Royal Commission report day 28 page 16

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 9/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 9/6/1881|day 28]])

'''[[../../people/peA/arthurJPC.html|'''Const James Arthur''']] giving evidence'''

[[#rc11338|11338]] You got placed you say by [[SConst John Kelly|Senior-Constable Kelly]]?— Yes.

[[#rc11339|11339]] What time was that?— About four o'clock

[[#rc11340|11340]] Did you receive any orders from any one else during the forenoon?— None except from Mr.[[Hare|Hare]] before he left.

[[#rc11341|11341]] What did he say?— When I was with him on the pilot engine he said, “Do not fire, boys, unless you are fired on, and if anybody falls do not mind him, do not wait to pick him up.”

[[#rc11342|11342]] Did he give any instructions after he was shot?— Yes, he said, “Cease firing, the women are screaming. Kelly, for God's sake, take the men and go and surround the place.”

[[#rc11343|11343]] Did he say Kelly or [[O'Connor|O'Connor]]?— He said Kelly first, and then O'Connor.

[[#rc11344|11344]] What did you do then?— I was stationed; where I was I had a good position, and the others went round the house.

[[#rc11345|11345]] Did you see Mr. O'Connor going round to surround the house?— No, I never saw him.

[[#rc11346|11346]] When did you first see him?— Some time in the day; eleven or twelve o'clock.

[[#rc11347|11347]] Did you know where he was?— Yes, I knew he was in the drain.

[[#rc11348|11348]] How did you know?—[[Kirkham|Kirkham]] told me early in the morning. I said to Kirkham, “How did you not challenge those men who passed down?” I said, “It might be two of the outlaws.” He said first, “[[Const W Phillips|Phillips]], where are you?” And I said, “Where were you when that man passed?” And I said, “The whole mob might pass for all you might know.” I left there then, and I said, “Where is Mr. O’Connor?” And he said, “Oh, he is up above the bridge in the drain.”

[[#rc11349|11349]] Did he appear to be making fun of Mr. O’Connor as to his position?— No.

[[#rc11350|11350]] What was your opinion; was he in a safe position?— He was safe, no doubt.

[[#rc11351|11351]] Did you think he was able to do good service where he was?— I did not think so. I did not think he could shoot anybody that came out of the house.

[[#rc11352|11352]] He could not be shot out of the house?— Oh ! no.

[[#rc11353|11353]] McHugh must have passed round from the back to the front to reach you?— I had to run from my post to stop him.

[[#rc11354|11354]] Had he to pass round to the front and between the trench and the hotel before you challenged him?— Yes.

[[#rc11355|11355]] Then any one stationed in the trench could have seen [[Neil McHugh|McHugh]] pass before you saw him?— Yes.

[[#rc11356|11356]] Passed through to the gate?— He had passed over the bridge and out on the railway when I challenged him.

[[#rc11357|11357]] If any one was stationed in that drain and had the command of the hotel they ought to have challenged him long before you did?— Yes, they ought.

[[#rc11358|11358]] Had you been in the position the [[Police Trackers|black trackers]] were, would not it be your duty to challenge that man coming down towards you?— Yes.

[[#rc11359|11359]] And you came from your post to see that man did not get away?— Yes.

[[#rc11360|11360]] When did you first go up to the north-eastern district?— About the 12th June 1879.

[[#rc11361|11361]] Who was in charge then?— Mr. Hare.

[[#rc11362|11362]] Were you stationed at the depot?— Yes.

[[#rc11363|11363]] Do you recollect the first party of men that were ordered from the depot on the 12th December of the previous year?— No, I was not amongst them.

[[#rc11364|11364]] Do you know who could give us information who those men were who were ordered up then?— When they were delayed there?

[[#rc11365|11365]] Yes?— I do not know the men's names, but I know the occurrence.

[[#rc11366|11366]] From your own knowledge or hearsay?— From hearsay.

[[#rc11367|11367]] The man who could give the information is dead—could any one else give the information?— No.

[[#rc11368|11368]] Do you recollect there being a report that men were delayed at the depot after being ordered up to the north-eastern district?— I do.....

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