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Royal Commission report day 39 page 2

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 22/7/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 22/7/1881|day 39]])

[[../../people/peL_M/marsdenF.html|'''Mr Frederic John Marsden''']] '''sworn and examined'''

<span id="rc13969">[[#rc13969|13969]]</span> ''By the Commission''— What are you?— Clerk of courts and receiver and paymaster [[Wangaratta|here]].

<span id="rc13970">[[#rc13970|13970]]</span> Were you in the train that took some constables down to Glenrowan?— Yes, I was on the engine.

<span id="rc13971">[[#rc13971|13971]]</span> Do you know what time you left—did you keep a record?— No; I should say I left here to go to the station between four and five.

<span id="rc13972">[[#rc13972|13972]]</span> Was it daylight when you arrived?— No.

<span id="rc13973">[[#rc13973|13973]]</span> You were present, I think, at the encounter with [[Ned Kelly|Ned Kelly]]?— Yes, I was.

<span id="rc13974">[[#rc13974|13974]]</span> There are some disputed points in the evidence with reference to the revolver that Ned Kelly had—did you get a revolver on that occasion?— I did.

<span id="rc13975">[[#rc13975|13975]]</span> How did you become possessed of it?— I got it from Sergeant Steele; he handed it to me. I ran up when Ned Kelly was knocked over, and Sergeant Steele was kneeling on Ned Kelly , and he handed me the revolver, I was in company with Dr. [[Nicholson|Nicholson]] .

<span id="rc13976">[[#rc13976|13976]]</span> What did you do with it?— I parted with it; I do not know to whom I gave it.

<span id="rc13977">[[#rc13977|13977]]</span> Upon that occasion?— Yes; it was being shown round, I remember distinctly.

<span id="rc13978">[[#rc13978|13978]]</span> And you lost it altogether?— Yes.

<span id="rc13979">[[#rc13979|13979]]</span> Had you any idea whether Ned Kelly had more than one revolver?— No; I only saw the one.

<span id="rc13980">[[#rc13980|13980]]</span> Were you a witness of the attack on [[Jones' Glenrowan Inn|Mrs. Jones's]] house?— Yes.

<span id="rc13981">[[#rc13981|13981]]</span> Did you see anything that struck you as extraordinary about it?— Nothing except the shooting at the house, that struck me as being very extraordinary.

<span id="rc13982">[[#rc13982|13982]]</span> So much of it?— Yes.

<span id="rc13983">[[#rc13983|13983]]</span> Had you formed any idea at the time as to the position of parties?— When I got off the engine, and Mr. [[Rawlins|Rawlins]] met us with a lantern, I was under the impression the house was full of [[Sympathizers|sympathizers]], who were prepared to resist—that was the first impression I had.

<span id="rc13984">[[#rc13984|13984]]</span> You found out afterwards that it was not so?— I found afterwards that it was not.

<span id="rc13985">[[#rc13985|13985]]</span> Did you think there was a considerable amount of shooting kept up at the house during the day?— It seemed rather extraordinary so much firing.

<span id="rc13986">[[#rc13986|13986]]</span> How soon did you become aware that Joe Byrne was killed?— We heard it in the morning soon after Kelly was captured.

<span id="rc13987">[[#rc13987|13987]]</span> Did you hear it from the prisoners when they came out?— No, I do not think I did. I cannot say from whom I heard it, but it was reported at that time that he had been shot.

<span id="rc13988">[[#rc13988|13988]]</span> And was lying dead upon the floor?— Yes.

<span id="rc13989">[[#rc13989|13989]]</span> Were you in a position during the day to ascertain whether a shot was fired from the house or from the police—could you tell when the last shot was fired from the house?— No, I could not say for certain.

<span id="rc13990">[[#rc13990|13990]]</span> Were you up at the beginning of the capture of Ned Kelly close enough to observe before he fell?— Oh, yes.

<span id="rc13991">[[#rc13991|13991]]</span> Will you describe what occurred then, as near as you possibly can?— Yes. Ned Kelly came down the hill, like towards the house, and there was one of the men from Wangaratta I knew, Constable [[Const Healey|Healey]] , he seemed to come in contact with him.

<span id="rc13992">[[#rc13992|13992]]</span> Would he be the first?— There were a number of them firing at him. I saw [[Const Montiford|Montifort]] also firing. He was very close to where I was.

<span id="rc13993">[[#rc13993|13993]]</span> Did you see Constables Phillips and Arthur there to know them?— I know [[Const W Phillips|Phillips]]. I do not think I know Arthur .

<span id="rc13994">[[#rc13994|13994]]</span> Did you see Phillips about?— I do not remember him particularly. At this time I remember seeing [[Const Healey|Healey]], [[Dowsett|Dowsett]], and Montifort.

<span id="rc13995">[[#rc13995|13995]]</span> Where was Dowsett?— Between the line of the railway fence and Kelly.

<span id="rc13996">[[#rc13996|13996]]</span> When Kelly fell, how far was Dowsett from him?— Very close; perhaps between 20 and 30 yards.....

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