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 day 39 )

Mr Frederic John Marsden sworn and examined

13969 By the Commission— What are you?— Clerk of courts and receiver and paymaster here.

13970 Were you in the train that took some constables down to Glenrowan?— Yes, I was on the engine.

13971 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.

13972 Was it daylight when you arrived?— No.

13973 You were present, I think, at the encounter with Ned Kelly?— Yes, I was.

13974 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.

13975 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 .

13976 What did you do with it?— I parted with it; I do not know to whom I gave it.

13977 Upon that occasion?— Yes; it was being shown round, I remember distinctly.

13978 And you lost it altogether?— Yes.

13979 Had you any idea whether Ned Kelly had more than one revolver?— No; I only saw the one.

13980 Were you a witness of the attack on Mrs. Jones's house?— Yes.

13981 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.

13982 So much of it?— Yes.

13983 Had you formed any idea at the time as to the position of parties?— When I got off the engine, and Mr. Rawlins met us with a lantern, I was under the impression the house was full of sympathizers, who were prepared to resist—that was the first impression I had.

13984 You found out afterwards that it was not so?— I found afterwards that it was not.

13985 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.

13986 How soon did you become aware that Joe Byrne was killed?— We heard it in the morning soon after Kelly was captured.

13987 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.

13988 And was lying dead upon the floor?— Yes.

13989 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.

13990 Were you up at the beginning of the capture of Ned Kelly close enough to observe before he fell?— Oh, yes.

13991 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 Healey , he seemed to come in contact with him.

13992 Would he be the first?— There were a number of them firing at him. I saw Montifort also firing. He was very close to where I was.

13993 Did you see Constables Phillips and Arthur there to know them?— I know Phillips. I do not think I know Arthur .

13994 Did you see Phillips about?— I do not remember him particularly. At this time I remember seeing Healey, Dowsett, and Montifort.

13995 Where was Dowsett?— Between the line of the railway fence and Kelly.

13996 When Kelly fell, how far was Dowsett from him?— Very close; perhaps between 20 and 30 yards.....

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Mrs Jones' Glenrowan Inn

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25-sep-11

This document gives you the text of the report about the KellyGang for this day. The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. We also apologise for any typographical errors. This document is subject to coypright.

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