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Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 36 page 9|previous page]] / [[Royal Commission report day 36 page 11|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="rc12938">[[#rc12938|12938]]</span> Did you see the officers committing any wrong by not following up information or not using their best endeavors upon any occasion–that any of the officers were lax?— I never found any of them lax in their duty. Inspector [[Brooke Smith|Brook Smith]] displayed a good deal of energy in the first outbreak of the Kellys–just after I was shot–but there could not have been more energy used. At the time of the trial at the Assize Court , at Beechworth, it was reported then currently that the Kellys were a very few miles out of Beechworth when his mother and [[William Williamson, Brickey|Williamson]] and [[William Skillion|Skillian]] were being tried.
<span id="rc12939">[[#rc12939|12939]]</span> There were not sufficient efforts then?— There were no search parties engaged outside the station then. It was just before the constables were shot. The search parties seemed to cease for some time. They organized parties after the time they shot me, but there were none during the hearing of the case at the Assize Court . I know very well it was not kept up with the same activity after the first month or six weeks as it was at first. Had it been so they could not have camped where they did.
<span id="rc12940">[[#rc12940|12940]]</span> Were you aware where they were camped?— I was not aware where they were camped at the time.
<span id="rc12941">[[#rc12941|12941]]</span> Was there a proper search for the Kellys at the time there was a warrant for their arrest?— The only search parties were Lonigan and myself from Benalla; and I was given to understand that Mr. Sadleir had a party of police from Mansfield and a party from Greta, and Inspector Brook Smith had some from Beechworth.
<span id="rc12942">[[#rc12942|12942]]</span> And did Kelly seem to make a boast of it at that time that they could not catch them?— Yes, Ned Kelly said he would keep them out for twelve months.
<span id="rc12943">[[#rc12943|12943]]</span> If you had gone to Greta to relieve Strahan, how many mounted constables were left at Benalla then?— One.
<span id="rc12944">[[#rc12944|12944]]</span> Is there anything else you would like to inform the Commission upon with reference to the Kellys–any other point. Were you out in any of those search parties?— Yes.
<span id="rc12945">[[#rc12945|12945]]</span> What time were you out?— I applied to [[Hare|Hare]]–I was in the depot at the time the four men were shot–to be allowed to go up, as I knew the four outlaws, and I would know them at a great distance. This was after the police were shot–two or three days after.
<span id="rc12946">[[#rc12946|12946]]</span> You sent in an application in writing?— Yes.
<span id="rc12947">[[#rc12947|12947]]</span> What did you say in it?— I asked Mr. Hare to be good enough to allow me to proceed to the North-Eastern district. I could not give the exact words. It was for Mr. Hare to allow me to go up there in search of the Kellys , as I had known them.
<span id="rc12948">[[#rc12948|12948]]</span> You said just now the four outlaws?— I did not say that in my application. They were not outlaws then.
<span id="rc12949">[[#rc12949|12949]]</span> Did you know who the men were that shot your comrades when you applied to go up there?— I knew them.
<span id="rc12950">[[#rc12950|12950]]</span> Did you know Byrne?— No.
<span id="rc12951">[[#rc12951|12951]]</span> Did you know he was one of them at all?— I was called upon for a report, asking if I knew those men, and I; by the description given, thought one of them was King, and another of them was— I do not know whether I mentioned Byrne or Hart, but I fancy I did. According to the description I knew the two Kellys were there; of course I mentioned their two names.
<span id="rc12952">[[#rc12952|12952]]</span> And did you say you thought one of the other men was King?— Yes.
<span id="rc12953">[[#rc12953|12953]]</span> The constables did not know who they were at the time?— No; but I was called upon for a report, to see if I knew those men from the description McIntyre had given of them;
<span id="rc12954">[[#rc12954|12954]]</span> Were you sent up?— Yes; Superintendent Hare sent me up some time afterwards. He put it off a day or two before he sent me up
<span id="rc12955">[[#rc12955|12955]]</span> Were you in any of the search parties?— I was in Sergeant [[Steele|Steele]]'s party and Inspector Brook Smith's.
<span id="rc12956">[[#rc12956|12956]]</span> How many?— I think there must have been about twenty-five. The first or second day I went out with the party. Mr. Sadleir and Mr. Nicolson , and Inspector Brook Smith, and Sergeant Steele , were in the party, besides my other comrades, the mounted men. We went to the [[Warby Ranges|Warby ranges]] that day, from Wangaratta, on some information that was given.
<span id="rc12957">[[#rc12957|12957]]</span> Were you with the party, while Mr. Brook Smith was in charge, when they were supposed to be close upon the tracks of the Kellys, when the pack-horse was found?— No; we went out the following day. I think this was the day I am referring to.
<span id="rc12958">[[#rc12958|12958]]</span> Were you with the party when they came to the tracks in the brush, and the blackfellows were unwilling to go in?— No.....
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[[Royal Commission report day 36 page 9|previous page]] / [[Royal Commission report day 36 page 11|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="rc12938">[[#rc12938|12938]]</span> Did you see the officers committing any wrong by not following up information or not using their best endeavors upon any occasion–that any of the officers were lax?— I never found any of them lax in their duty. Inspector [[Brooke Smith|Brook Smith]] displayed a good deal of energy in the first outbreak of the Kellys–just after I was shot–but there could not have been more energy used. At the time of the trial at the Assize Court , at Beechworth, it was reported then currently that the Kellys were a very few miles out of Beechworth when his mother and [[William Williamson, Brickey|Williamson]] and [[William Skillion|Skillian]] were being tried.
<span id="rc12939">[[#rc12939|12939]]</span> There were not sufficient efforts then?— There were no search parties engaged outside the station then. It was just before the constables were shot. The search parties seemed to cease for some time. They organized parties after the time they shot me, but there were none during the hearing of the case at the Assize Court . I know very well it was not kept up with the same activity after the first month or six weeks as it was at first. Had it been so they could not have camped where they did.
<span id="rc12940">[[#rc12940|12940]]</span> Were you aware where they were camped?— I was not aware where they were camped at the time.
<span id="rc12941">[[#rc12941|12941]]</span> Was there a proper search for the Kellys at the time there was a warrant for their arrest?— The only search parties were Lonigan and myself from Benalla; and I was given to understand that Mr. Sadleir had a party of police from Mansfield and a party from Greta, and Inspector Brook Smith had some from Beechworth.
<span id="rc12942">[[#rc12942|12942]]</span> And did Kelly seem to make a boast of it at that time that they could not catch them?— Yes, Ned Kelly said he would keep them out for twelve months.
<span id="rc12943">[[#rc12943|12943]]</span> If you had gone to Greta to relieve Strahan, how many mounted constables were left at Benalla then?— One.
<span id="rc12944">[[#rc12944|12944]]</span> Is there anything else you would like to inform the Commission upon with reference to the Kellys–any other point. Were you out in any of those search parties?— Yes.
<span id="rc12945">[[#rc12945|12945]]</span> What time were you out?— I applied to [[Hare|Hare]]–I was in the depot at the time the four men were shot–to be allowed to go up, as I knew the four outlaws, and I would know them at a great distance. This was after the police were shot–two or three days after.
<span id="rc12946">[[#rc12946|12946]]</span> You sent in an application in writing?— Yes.
<span id="rc12947">[[#rc12947|12947]]</span> What did you say in it?— I asked Mr. Hare to be good enough to allow me to proceed to the North-Eastern district. I could not give the exact words. It was for Mr. Hare to allow me to go up there in search of the Kellys , as I had known them.
<span id="rc12948">[[#rc12948|12948]]</span> You said just now the four outlaws?— I did not say that in my application. They were not outlaws then.
<span id="rc12949">[[#rc12949|12949]]</span> Did you know who the men were that shot your comrades when you applied to go up there?— I knew them.
<span id="rc12950">[[#rc12950|12950]]</span> Did you know Byrne?— No.
<span id="rc12951">[[#rc12951|12951]]</span> Did you know he was one of them at all?— I was called upon for a report, asking if I knew those men, and I; by the description given, thought one of them was King, and another of them was— I do not know whether I mentioned Byrne or Hart, but I fancy I did. According to the description I knew the two Kellys were there; of course I mentioned their two names.
<span id="rc12952">[[#rc12952|12952]]</span> And did you say you thought one of the other men was King?— Yes.
<span id="rc12953">[[#rc12953|12953]]</span> The constables did not know who they were at the time?— No; but I was called upon for a report, to see if I knew those men from the description McIntyre had given of them;
<span id="rc12954">[[#rc12954|12954]]</span> Were you sent up?— Yes; Superintendent Hare sent me up some time afterwards. He put it off a day or two before he sent me up
<span id="rc12955">[[#rc12955|12955]]</span> Were you in any of the search parties?— I was in Sergeant [[Steele|Steele]]'s party and Inspector Brook Smith's.
<span id="rc12956">[[#rc12956|12956]]</span> How many?— I think there must have been about twenty-five. The first or second day I went out with the party. Mr. Sadleir and Mr. Nicolson , and Inspector Brook Smith, and Sergeant Steele , were in the party, besides my other comrades, the mounted men. We went to the [[Warby Ranges|Warby ranges]] that day, from Wangaratta, on some information that was given.
<span id="rc12957">[[#rc12957|12957]]</span> Were you with the party, while Mr. Brook Smith was in charge, when they were supposed to be close upon the tracks of the Kellys, when the pack-horse was found?— No; we went out the following day. I think this was the day I am referring to.
<span id="rc12958">[[#rc12958|12958]]</span> Were you with the party when they came to the tracks in the brush, and the blackfellows were unwilling to go in?— No.....
=== 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]]'''
[[Category:Royal Commission]] [[Category:December 1706]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
MediaWiki:Sidebar
{{^|Original page location \documents\RoyalCommission\RC810706_36_10_12938.html}}
