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Royal Commission report day 28 page 17

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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'''

<span id="rc11369">[[#rc11369|11369]]</span> Can you tell who can give information on that point?— I never talked to any one except Sergeant Porter on it. He is the only man who could give the information.

<span id="rc11370">[[#rc11370|11370]]</span> Is he dead?— Yes. He told me he sent the men away as they had been delayed there, I forget how many hours , contrary to Mr. [[Nicolson|Nicolson]]'s orders.

<span id="rc11371">[[#rc11371|11371]]</span> Who ordered them away first?— I think the Chief Commissioner.

<span id="rc11372">[[#rc11372|11372]]</span> You were all day at Glenrowan?— When I saw Mr. [[Sadleir|Sadleir]] it was about half-past eight or nine, and I went to him. He was down by the railway fence, and I asked him what he was going to do, that the men had armour; and he said he had heard that, but he had sent for a cannon to Melbourne.

<span id="rc11373">[[#rc11373|11373]]</span> Did he say that he had been advised to send for it?— No, he did not; he said to me, “You get on a horse and ride down to Benalla, and take another telegram,” and the engine was going down, and I went with it and came back at twelve.

<span id="rc11374">[[#rc11374|11374]]</span> What position did you take up when you went back?— Anywhere; there was nothing to be done when I went back. I went back to the back of the hotel, where I was among my mates.

<span id="rc11375">[[#rc11375|11375]]</span> You went to the back of the hotel to your old position, at the Wangaratta end?— Yes.

<span id="rc11376">[[#rc11376|11376]]</span> Did you remain there all day?— Yes, until we were told off to fire into the front of the house, when it was set fire to.

<span id="rc11377">[[#rc11377|11377]]</span> Were there any shots fired out of the hotel after the time you came back—did you see any?— No, I never saw any.

<span id="rc11378">[[#rc11378|11378]]</span> Could they be fired out towards the front without your seeing them?— Yes.

<span id="rc11379">[[#rc11379|11379]]</span> Or could they be fired out of either side without your seeing?— I could hear the report.

<span id="rc11380">[[#rc11380|11380]]</span> Could you be sure it would be a gun fired there, or somewhere near the house?— Yes, I was near.

<span id="rc11381">[[#rc11381|11381]]</span> Your opinion is there were no shots fired out of the house after twelve?— No.

<span id="rc11382">[[#rc11382|11382]]</span> If any others have sworn that they saw, about half-past one or two, two men come out in the small passage of the house and fire, would that be correct?— I do not think it.

<span id="rc11383">[[#rc11383|11383]]</span> From the position you were in you could judge?— Yes, I could see any part of the back of the building.

<span id="rc11384">[[#rc11384|11384]]</span> You say you went to Benalla and were kept in barracks?— Yes.

<span id="rc11385">[[#rc11385|11385]]</span> Did you wish to go out yourself?— I would like to go out in five or six of a party.

<span id="rc11386">[[#rc11386|11386]]</span> When they were going out?— There was never a party out. When I went first, there was one party went out, and none afterwards.

<span id="rc11387">[[#rc11387|11387]]</span> Were you kept in contrary to your own inclinations?— We were.

<span id="rc11388">[[#rc11388|11388]]</span> How many?— All the men were desirous of going out to catch them, to do the best they could.

<span id="rc11389">[[#rc11389|11389]]</span> Do you know the reason why you were kept in?— No.

<span id="rc11390">[[#rc11390|11390]]</span> Did you ever think of any reason?— No.

<span id="rc11391">[[#rc11391|11391]]</span> Was there ever any reason assigned why you were not allowed to go out?— Well, I cannot say there was.

<span id="rc11392">[[#rc11392|11392]]</span> Were you told off for special duty in the barracks?— I was guarding the banks in the town of Benalla; there were two of us doing that.

<span id="rc11393">[[#rc11393|11393]]</span> What time did you see the figure of [[Ned Kelly|Ned Kelly]]?— Shortly after seven.

<span id="rc11394">[[#rc11394|11394]]</span> What position did you have in relation to the position Kelly was in?— At a tree at the back of the hotel

11395

<span id="rc11396">[[#rc11396|11396]]</span> How many members of the police did you see around there?— Montiford, Healey, Kelly, Arthur, and I and Sergeant Steele.

<span id="rc11397">[[#rc11397|11397]]</span> Did you fire at Ned Kelly at that time?— Yes, I took four or five shots before I left the tree

<span id="rc11398">[[#rc11398|11398]]</span> Were you there immediately after he was captured?— Yes, I was behind Steele when he put his hand on his wrist.

<span id="rc11399">[[#rc11399|11399]]</span> How many others were close to him?—Kelly and [[Steele|Steele]] were the first.

<span id="rc11400">[[#rc11400|11400]]</span> Before you arrived?— I was about the fourth or fifth; I was there when [[Const Hugh Bracken|Bracken]] and [[Const T Dwyer|Dwyer]] and Montiford came up.

<span id="rc11401">[[#rc11401|11401]]</span> Did you see [[Dowsett|Dowsett]]?— Yes.

<span id="rc11402">[[#rc11402|11402]]</span> Did you see any members of the police attempting to make their escape from Kelly?— Arthur was about ten yards from me, and [[Const Healey|Healey]] between me and Arthur at this particular time; and after I had fired two shots I said, “Run round him, boys; that is the only show we have with him”; and [[Const Arthur|Arthur]] and [[Const Montiford|Montiford]] ran round. Ned Kelly stopped then and took a look round when he heard that, and went and sat down behind the stump, and sat there for seven minutes.

<span id="rc11403">[[#rc11403|11403]]</span> Did you or any other member of the police make a movement at that time that would indicate that you were trying to escape from the outlaw?— No.

<span id="rc11404">[[#rc11404|11404]]</span> And the movements made by the police were for the purpose of getting into better position?— Yes; we were all like this round the hotel at first [''describing the same'']. Ned Kelly did not go individually towards Steele at all, but towards the house.

<span id="rc11405">[[#rc11405|11405]]</span> Then it would not be the fact for any one member of the police to say that if it had not been for his individual efforts Kelly would have been able to make his retreat to the hotel?— No.....

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