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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 21/7/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 21/7/1881|day 38]])

[[../../people/peL_M/mullanePPsc.html|'''SConst Patrick Mullane''']] '''further examined.'''

<span id="rc13938">[[#rc13938|13938]]</span> ''By Detective [[Ward|Ward]]'' — With reference to the reports referred to by [[Const Faulkiner|Falkiner]] and [[Const Daniel Barry|Barry]], had I any power or control over those men that, by bringing pressure to bear, it would make them give an untrue report?— You had no official pressure to bear on them. They were altogether beyond your control, they leaving the station next day, I believe.

<span id="rc13939">[[#rc13939|13939]]</span> At any time those men came in from the cave party, were they not entirely under your control?— They were.

<span id="rc13940">[[#rc13940|13940]]</span> Might I ask one question with reference to one of the party who was there—that is [[Const Armstrong|Armstrong]]. Do you remember May, this year, Armstrong guarding the jury window in this court?— He was here on duty, and so were you at the time.

<span id="rc13941">[[#rc13941|13941]]</span> Do you remember the three of us standing and having a conversation with reference to what [[Const W Duross|Duross]] swore?— I do; there was a conversation.

<span id="rc13942">[[#rc13942|13942]]</span> If so, will you state to the Commission what Armstrong said on that occasion?

''The Chairman'' — You will have to be careful.

''The Witness'' — I know, and it is difficult for me to tell it. I fear I call hardly tell it. I fear I can hardly tell it without my memory being refreshed in some way.

<span id="rc13943">[[#rc13943|13943]]</span> ''By the Commission (to Detective Ward)''— Do you mean to put the question did Armstrong acknowledge anything?

<span id="rc13944">[[#rc13944|13944]]</span> ''By Detective Ward (to the witness)''— Did he acknowledge or contradict anything?— I think Armstrong said that Ward never told him to tell a lie to Mr. Hare.

<span id="rc13945">[[#rc13945|13945]]</span> ''By the Commission''— Have you a clear recollection on that?— I know that was the subject they were speaking of at the time.

<span id="rc13946">[[#rc13946|13946]]</span> Are you certain of that, because it is very particular?— Armstrong said he never told him to tell a lie to Mr. Hare.

<span id="rc13947">[[#rc13947|13947]]</span> Did Armstrong say at that time who induced him to tell a lie?— I know Armstrong was condemning the evidence of Duross about this very lie; and he seemed then to agree with [[Ward|Ward]]'s view of the conversation on what took place, and he was condemning Duross's action in the matter.

<span id="rc13948">[[#rc13948|13948]]</span> ''By Detective Ward''— Did he say Duross had no right to tell this lie to Mr. Hare, because they were not to be down till eight or nine o'clock?— He did say that when Mr. Hare went to the hut they were not supposed to be down. I do not know the exact conversation; but I know that Armstrong differed at the time from the evidence that was given at the time. I would like Armstrong to be present. They were speaking over the matter, and Ward felt aggrieved at this evidence given by Duross; and Armstrong agreed with Ward's view of the matter.

<span id="rc13949">[[#rc13949|13949]]</span> Did I not ask Armstrong in your presence, “Did I tell you that I told Mr. Hare that you were gone down”?— I could not tell that; but, as I said before, it was a conversation, and the recollection I have of it is what I have said.

<span id="rc13950">[[#rc13950|13950]]</span> Did he say Duross told a lie?— He did not say Duross told a lie; but he agreed with you that Duross was wrong. I could not give the exact conversation.

<span id="rc13951">[[#rc13951|13951]]</span> ''By Mr. [[Nicolson|Nicolson]] (to Senior-Constable Mullane)''— With reference to the allusion of the man Wallace knowing the cave, will you inform the Commission whether you alluded to the cave, or what?— That Wallace knew of the hut party.

<span id="rc13952">[[#rc13952|13952]]</span> You did not refer to the cave?— I could not say that; I meant the hut party.

<span id="rc13953">[[#rc13953|13953]]</span> Not to the cave?— No.

''The witness withdrew.''

''Adjourned to to-morrow, at Wangaratta, at'' ''Ten o’clock'' ''.''

''(Taken at Wangaratta.)''

[~[[see report of proceedings 21/7/81]|6369]~]

'''See next day'''

'''[[Royal Commission report day 39 page 1|22/ 7/1881]]''' ....

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