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Story of the KellyGang - the Royal Commission evidence
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== The Royal Commission evidence for 6/7/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 6/7/1881|day 36]])
[[../../people/peD_G/fitzpatrickAPC.html|'''Const Alexander Fitzpatrick''']] '''giving evidence'''
<span id="rc12823">[[#rc12823|12823]]</span> Were you sitting down at the time?— I was standing up; [[Dan Kelly|Dan]] was sitting down to have something to eat. I was standing up alongside of him, with my right side to him.
<span id="rc12824">[[#rc12824|12824]]</span> How far was [[Ned Kelly|Ned]] you when he fired?— About a yard and a half from me; he had just come from the side of the hut door. As soon as he had fired the first shot [[Mrs Ellen Kelly|Mrs. Kelly]] seized an old shovel that was at the fireplace, and rushed at me with it.
<span id="rc12825">[[#rc12825|12825]]</span> He missed you the first shot?— Yes. She rushed at me with this shovel and made a blow; at me, and smashed my helmet completely in over my eyes; and as I raised my hand to keep off the shovel Ned fired a second shot, and it lodged in my wrist. With that I turned to draw my revolver, and just as I slewed to the right Dan Kelly had my revolver pointed at me. He had snatched it while my attention was drawn to his mother and Ned .
<span id="rc12826">[[#rc12826|12826]]</span> Where was [[William Williamson, Brickey|Williamson]]?— He had come to the door of the bedroom, and [[William Skillion|Skillion]]; they both had revolvers in their hands; they were not in the hut when I came in.
<span id="rc12827">[[#rc12827|12827]]</span> Were they in the hut when you were fired at?— Yes, just as the third shot went off.
<span id="rc12828">[[#rc12828|12828]]</span> Was Skillion in the hut?— He came to the hut as soon as Ned Kelly had found out it was me Williamson came out of the bedroom door and had a revolver in his hand, and Skillion just came to the door while he was forcing himself in where Ned was standing.
<span id="rc12829">[[#rc12829|12829]]</span> Then you had three men to fight besides Mrs. Kelly?— Yes; and Ned Kelly said, “That will do, boys.” If he had known it was Fitzpatrick he would not have fired a shot.
<span id="rc12830">[[#rc12830|12830]]</span> When you left Benalla that morning were you under instructions to do a certain duty?— Yes.
<span id="rc12831">[[#rc12831|12831]]</span> Who gave you the instructions?— Sergeant [[Whelan|Whelan]].
<span id="rc12832">[[#rc12832|12832]]</span> What were the instructions?— The instructions came from head quarters
<span id="rc12833">[[#rc12833|12833]]</span> What were they?— To take charge of [[Greta|Greta]] police station temporarily in the absence of Senior-Constable [[Strahan|Strahan]].
<span id="rc12834">[[#rc12834|12834]]</span> Was Strahan away from his station?— He was.
<span id="rc12835">[[#rc12835|12835]]</span> When you left Benalla it was for the purpose of taking Strahan's duty?— Yes.
<span id="rc12836">[[#rc12836|12836]]</span> Did you ever do that duty; was it your first time of being ordered to do duty of that character, sole charge of a station?— Yes.
<span id="rc12837">[[#rc12837|12837]]</span> Would it not have been your duty to have gone direct to take charge of the station where the man was not in charge?— The sergeant agreed with my suggestion by telling me the complaint against Dan Kelly, and to be careful with him.
<span id="rc12838">[[#rc12838|12838]]</span> Did the officer at Benalla, Sergeant Whelan, know, when you left that morning, that you were to arrest Dan Kelly, if you got the chance?— Yes, he was aware of it.
<span id="rc12839">[[#rc12839|12839]]</span> How was he?— Because I told him if I saw him on my way I would take him into Greta and bring him into Benalla and remand him to Chiltern the following day. I suggested that to him.
<span id="rc12840">[[#rc12840|12840]]</span> Have you read Sergeant Whelan's evidence on that point?— No.
<span id="rc12841">[[#rc12841|12841]]</span> Then you say you had told the officer who gave you the instructions that you would arrest Dan Kelly if you got the chance?— Yes.
<span id="rc12842">[[#rc12842|12842]]</span> Was it he who told you of the warrant being out, or did you yourself see it in the Gazette notice?— I fancy I saw it.
<span id="rc12843">[[#rc12843|12843]]</span> Did you go direct from [[Winton|Winton]] to Greta upon the Greta road that morning?— Yes.
<span id="rc12844">[[#rc12844|12844]]</span> Were you at [[Lindsay's Shanty|Lindsay]]'s public house on that occasion, on the morning of your being shot?— No, not in the morning, it was in the afternoon.
<span id="rc12845">[[#rc12845|12845]]</span> When you left there, what road did you go to Greta?— I turned off to the right by the [[Eleven Mile Creek|Eleven-mile Creek]].
<span id="rc12846">[[#rc12846|12846]]</span> Did you go off that road to Kelly's house, or were you passing by the house; did you go by the slip-panel into his paddock?— No, I kept the road round the front past the place, and would have passed it if I had not intended to call there; I went to the back of the house.
<span id="rc12847">[[#rc12847|12847]]</span> Was your officer quite aware that you were going to call at Kelly's house on your way to Greta?— I told him so.
<span id="rc12848">[[#rc12848|12848]]</span> Was there a lock-up at Greta?— Yes.
<span id="rc12849">[[#rc12849|12849]]</span> You know that?— Yes.
<span id="rc12850">[[#rc12850|12850]]</span> Then it was your intention, with the knowledge of your officer, to arrest Dan Kelly on your way to Greta that morning?— Yes......
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[[Royal Commission report day 36 page 4|previous page]] / [[Royal Commission report day 36 page 6|next page]]
== The Royal Commission evidence for 6/7/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 6/7/1881|day 36]])
[[../../people/peD_G/fitzpatrickAPC.html|'''Const Alexander Fitzpatrick''']] '''giving evidence'''
<span id="rc12823">[[#rc12823|12823]]</span> Were you sitting down at the time?— I was standing up; [[Dan Kelly|Dan]] was sitting down to have something to eat. I was standing up alongside of him, with my right side to him.
<span id="rc12824">[[#rc12824|12824]]</span> How far was [[Ned Kelly|Ned]] you when he fired?— About a yard and a half from me; he had just come from the side of the hut door. As soon as he had fired the first shot [[Mrs Ellen Kelly|Mrs. Kelly]] seized an old shovel that was at the fireplace, and rushed at me with it.
<span id="rc12825">[[#rc12825|12825]]</span> He missed you the first shot?— Yes. She rushed at me with this shovel and made a blow; at me, and smashed my helmet completely in over my eyes; and as I raised my hand to keep off the shovel Ned fired a second shot, and it lodged in my wrist. With that I turned to draw my revolver, and just as I slewed to the right Dan Kelly had my revolver pointed at me. He had snatched it while my attention was drawn to his mother and Ned .
<span id="rc12826">[[#rc12826|12826]]</span> Where was [[William Williamson, Brickey|Williamson]]?— He had come to the door of the bedroom, and [[William Skillion|Skillion]]; they both had revolvers in their hands; they were not in the hut when I came in.
<span id="rc12827">[[#rc12827|12827]]</span> Were they in the hut when you were fired at?— Yes, just as the third shot went off.
<span id="rc12828">[[#rc12828|12828]]</span> Was Skillion in the hut?— He came to the hut as soon as Ned Kelly had found out it was me Williamson came out of the bedroom door and had a revolver in his hand, and Skillion just came to the door while he was forcing himself in where Ned was standing.
<span id="rc12829">[[#rc12829|12829]]</span> Then you had three men to fight besides Mrs. Kelly?— Yes; and Ned Kelly said, “That will do, boys.” If he had known it was Fitzpatrick he would not have fired a shot.
<span id="rc12830">[[#rc12830|12830]]</span> When you left Benalla that morning were you under instructions to do a certain duty?— Yes.
<span id="rc12831">[[#rc12831|12831]]</span> Who gave you the instructions?— Sergeant [[Whelan|Whelan]].
<span id="rc12832">[[#rc12832|12832]]</span> What were the instructions?— The instructions came from head quarters
<span id="rc12833">[[#rc12833|12833]]</span> What were they?— To take charge of [[Greta|Greta]] police station temporarily in the absence of Senior-Constable [[Strahan|Strahan]].
<span id="rc12834">[[#rc12834|12834]]</span> Was Strahan away from his station?— He was.
<span id="rc12835">[[#rc12835|12835]]</span> When you left Benalla it was for the purpose of taking Strahan's duty?— Yes.
<span id="rc12836">[[#rc12836|12836]]</span> Did you ever do that duty; was it your first time of being ordered to do duty of that character, sole charge of a station?— Yes.
<span id="rc12837">[[#rc12837|12837]]</span> Would it not have been your duty to have gone direct to take charge of the station where the man was not in charge?— The sergeant agreed with my suggestion by telling me the complaint against Dan Kelly, and to be careful with him.
<span id="rc12838">[[#rc12838|12838]]</span> Did the officer at Benalla, Sergeant Whelan, know, when you left that morning, that you were to arrest Dan Kelly, if you got the chance?— Yes, he was aware of it.
<span id="rc12839">[[#rc12839|12839]]</span> How was he?— Because I told him if I saw him on my way I would take him into Greta and bring him into Benalla and remand him to Chiltern the following day. I suggested that to him.
<span id="rc12840">[[#rc12840|12840]]</span> Have you read Sergeant Whelan's evidence on that point?— No.
<span id="rc12841">[[#rc12841|12841]]</span> Then you say you had told the officer who gave you the instructions that you would arrest Dan Kelly if you got the chance?— Yes.
<span id="rc12842">[[#rc12842|12842]]</span> Was it he who told you of the warrant being out, or did you yourself see it in the Gazette notice?— I fancy I saw it.
<span id="rc12843">[[#rc12843|12843]]</span> Did you go direct from [[Winton|Winton]] to Greta upon the Greta road that morning?— Yes.
<span id="rc12844">[[#rc12844|12844]]</span> Were you at [[Lindsay's Shanty|Lindsay]]'s public house on that occasion, on the morning of your being shot?— No, not in the morning, it was in the afternoon.
<span id="rc12845">[[#rc12845|12845]]</span> When you left there, what road did you go to Greta?— I turned off to the right by the [[Eleven Mile Creek|Eleven-mile Creek]].
<span id="rc12846">[[#rc12846|12846]]</span> Did you go off that road to Kelly's house, or were you passing by the house; did you go by the slip-panel into his paddock?— No, I kept the road round the front past the place, and would have passed it if I had not intended to call there; I went to the back of the house.
<span id="rc12847">[[#rc12847|12847]]</span> Was your officer quite aware that you were going to call at Kelly's house on your way to Greta?— I told him so.
<span id="rc12848">[[#rc12848|12848]]</span> Was there a lock-up at Greta?— Yes.
<span id="rc12849">[[#rc12849|12849]]</span> You know that?— Yes.
<span id="rc12850">[[#rc12850|12850]]</span> Then it was your intention, with the knowledge of your officer, to arrest Dan Kelly on your way to Greta that morning?— Yes......
=== Previous page / Next page ===
<br />
{{MicroficheCopy}}<br />
'''The [[Royal Commission report day 35 page 1|previous day]] / [[Royal Commission report day 37 page 1|next day]] . . . Royal Commission [[Royal Commission Index|index]]''' [[RC_index.html|RC_index.html]]
[[Category:Royal Commission]] [[Category:December 1706]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
MediaWiki:Sidebar
{{^|Original page location \documents\RoyalCommission\RC810706_36_05_12823.html}}
