Royal Commission report day 28 page 14 at KellyGang

The Royal Commission evidence for 9/6/1881

full text

(see also introduction to day 28)

11277 Did you see Bracken stand over and threaten to shoot anyone?— I heard him say, “Do not shoot him; he never did me any harm. I am going to take his part.”

11278 Whom did he say that to?— Apparently to the lot.

11279 Was anyone going to shoot him?— I never saw it. Of course they had a revolver of his in their hands.

11280 Would anyone have had time to have said, “I swore I will be in at your death, and I will shoot you now”?— Yes, I heard Steele say that.

11281 Did he make any movement to draw his revolver?— If I mistake not he had his revolver out. I am not sure about that. There were two or three revolvers out. I heard him make the remark, “I said I would be in at your death.”

11282 Was it after that that Bracken said not to shoot him?— Yes.

11283 What did Constable Bracken say—the exact words—do you remember?— Ned Kelly said “For God's sake do not shoot me”: and Bracken said, “I will look out for you, old man” —no, I could not be certain what the words were; but one stood over him in this position—[indicating by gesture]. I know he said something about taking his part.

The witness withdrew.

Const William Phillips sworn and examined .

11284 By the Commission— Were you in the North-Eastern district during the time of the Kelly outbreak?— Yes.

11285 What time did you go there?—12th June 1879.

11286 What are you?— Mounted trooper.

11287 Were you in any of the search parties?— No.

11288 Where were you stationed?— At Benalla.

11289 You remained at Benalla?— Yes.

11290 You were never out with any of the parties?— No, not one.

11291 You remember the time the Kellys were in Mrs. Jones's?— Yes.

11292 Were you there then?— Yes.

11293 What time did you come in the morning?— Three o'clock.

11294 Then you arrived there with Mr. Hare?— Yes.

11295 Did you go out with Mr. Hare when the train arrived?— Yes.

11296 Were you with him at the time he was shot?— Yes.

11297 How far from him?— Between five and ten yards to his left.

11298 You were more in front?— No, he was opposite the fence of the house and I was to the left, Barry and Gascoigne were there alongside of me.

11299 Are you the constable that said at the barracks that you had not captured the Kellys because they had not come into the barracks yet?— Mr. Hare asked me, “How have you not caught them?” and I said, “They have not come into the camp yet.”

11300 What did you mean?— I meant—he said, “What have you done since you have been up?” and I said, “I have not done anything, except practise shooting.”

11301 You were at the barracks the whole time?— Yes.

11302 Was that what you meant?— Yes.

11303 Did you hear Mr. Hare say he was shot?— Yes, he said, “Good gracious, I am shot,” and I thought he was larking.

11304 Did you see his hand fall?— No, the moment I heard bullets passing I fired, and he was there, shooting with his wound, right opposite the verandah.

11305 Did he continue firing at all?— Yes, I think it was he fired the first shot.

11306 After the first two shots from his gun did you see him load again?— No, but I saw him there shooting—I know he was there shooting.....

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