P93
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… he appealed to Bracken who was amongst the party,"Bracken save me I saved you once". I told him he did not show Kennedy nor the others much mercy; to which he replied "I had to shoot them or they would have shot me". I searched him all he had was three pence in silver and a small Geneva watch of little value. To my question of where was Kennedy's watch he replied he could not tell me as it would bring others into trouble. He was divested of his armour and Dr. Nicholson attended to him. The outlaws, in the hotel, seeing a group commenced firing at us, and one bullet struck the ground between the doctor and myself. There is no doubt that the armour protected the outlaws but it also protected us as it was impossible for them to take sight with the quantity of iron they had around them and their shooting, which was frequent, was very badly aimed. Kelly was removed to the railway van but as several bullets struck the van whilst we were there he was removed to the railway station where being in a weak state, he was supplied with some brandy and other refreshments. We had also removed his armour to the station where being weighed it was found to be 97 lbs. in weight a load sufficient to hamper the movements of the strongest man. Constable Dwyer, a strong man, dressed himself in the armour for the purpose of entering the inn, but finding the weight beyond endurance he threw it off again preferring to take the risk without the encumbrance. Kelly was dressed like a bush dandy. He wore strapped Bediford cord pants, his boots were of patent leather with very thin soles and immensely high heels. Owing to his wounds we had to cut these fancy boots of his feet. We were blamed for indiscriminate firing. Mr. Rawlins wrote to the "Qvens and Murray Advertiser 31st of July 1880 in which he corroborates my statement that I instructed the police to fire high in order not to injure any person who was not in actual conflict with us and he concludes his letter by stating that the police instead of being careless of the lives of the citizens "were most forbearing and cautious". When it became daylight the inmates of the Inn were invited to come out but they declined. Dan Kelly and Hart were much depressed after the death of Byrne and the disappearance of Ned Kelly for whom they had been singing out all night. They offered no objection to their prisoners leaving but told them if they did they would certainly be shot by the police. There were several men there who must have thought this possible and probable, and it was not until, we had repeatedly called upon them to come out that., about ten o'clock they all rushed out in a body, 25 in number. Mr. Sadleir asked Ned Kelly to persuade his mates to come out and surrender, but after a moments reflection he shook his head and said "they are too cowardly to come out". We wanted to rush the hotel many of the men spoke to me about it and I went to Mr.Sadleir to obtain his sanction. Mr. Sadleir said that to rush them successfully, seeing how they were protected by armour, would cause a loss of life and there had already been enough blood shed.

Up to one o'clock to expose yourself was certain to make you a target for their firing. Early in the day Senior constable Johnston had offered to set fire to the Inn, and about three p.m. it was decided that this should be done. Before proceeding to this extremity the outlaws were called upon to come out and surrender as there was no response Johnston advanced and set fire to the building. It was known that Cherry the wounded man was in the kitchen a detached building at the rear of the hotel.