But though nothing material is to be gained now as far as the outlaws themselves are concerned by opening up the question of their defence, so to speak–though it may not be worth while to attempt any vindication of the conduct for which these men have died–there still remain other considerations which, to an unbiased mind, must weigh mightily in the discussion of any suggestion for hearing the other side.

“My God! My God! and I was innocent—innocent as this dear little baby here! And I was thrust into prison like a common thief! Justice! No: there’s none on this earth! I swear it again that I never hurt the man. I never hit him. I remember it all as if it were yesterday. He tried to kiss my daughter. She was a fine, good-looking girl, Kate: and the boys tried to stop him. He was a fool. They were only trying to protect their sister. He was drunk and they were sober. But his story was believed. If he’d been badly hurt he would have richly deserved it. But I never hurt him—before God I didn’t. They swore I hit him with a shovel. It was untrue.

B.W.Cookson’s interview with Ellen Kelly for ‘The Sun’ newspaper in 1911.

There still remain other considerations which, to an unbiased mind, must weigh mightily in the discussion of any suggestion for hearing the other side.

I’ve written quite a bit about my thoughts on Mounted Constable Alexander Wilson Fitzpatrick, and the one incident that I firmly believe, as many others, that the visit by Constable Fitzpatrick to the Kelly home was the sole cause behind what we all know and refer to as, ‘The Kelly Outbreak.’ We’ve read in many Kelly publications several variations of what happened in that hut on the 15th. April 1878, but the question that still keeps bothering me is… why was Alexander Fitzpatrick, of all Police Officers, chosen to take charge of the Greta Police station in the first place?

Now you are all thinking, it was because Snr. Constable Strahan, who was in charge of the Greta station, was told by his superior officer, Inspector Brooke-Smith, to go to the N.S.W border to look for Ned Kelly, but maybe it wasn’t all as it seemed.

It was known by the Police hierarchy that the Greta station was central to the horse and cattle stealing racket that was being carried out in the North East. It has always seemed strange to me that a Police officer, who had a very poor record in the Police Dpt. would be even considered for such a move, even if only temporary. As you may well know it all started with a sighting of Dan Kelly and his cousin John Lloyd moving what was seen as stolen horses through Chiltern some 8 months prior to the actual warrant being made out for their arrest on the 5th April 1878. My question is why the warrant took 8 months before it was issued, especially if it involved a Kelly or one of their relations.

When Inspector Brooke Smith sent a telegram to Fitzpatrick’s senior officer, Sgt. Whelan, in Benalla, asking him to send Fitzpatrick to relieve at the Greta station, Fitzpatrick was unavailable, doing what ever duty he does at the Cashel races. In Fitzpatrick’s stead, Whelan sends Constable Healy to Greta until Fitzpatrick returns. Now from what I’ve read, Healy had only joined the Police force in March of 1878, and I most firmly believe, in hindsight, would have been a much better choice than Fitzpatrick considering the outcome. At least there would have been no interference to the Kelly family and we would have seen an entirely different ending to this Kelly story. Now my next question is why Inspector Brooke-Smith did not look to Wangaratta, Rutherglen, Chiltern, or Beechworth for that matter, considering that Greta is in the sub district of Beechworth and not Benalla. Surely there were enough officers that Brooke-Smith could have chosen. Why did he choose, Fitzpatrick knowing full well his questionable history in the force?

When Fitzpatrick has finally returned to Benalla, Healy is called back, and Fitzpatrick sent on his way to relieve at Greta and the rest, as you know is history. When Fitzpatrick returned to Benalla at 2.00 am on the 16th. April, it was then that he made the claim to Whelan he had been shot by Ned Kelly. At the Commission, Whelan stated that Fitzpatrick was shot in the arm and Dr. Nicholson said it looked like a bullet wound. It was Sgt.Whelan who then took Fitzpatrick’s statement. I have always wondered what was said between Whelan and Fitzpatrick when making out that statement of the occurrences at the Kelly home. His statement in court was almost word for word as to the statement he gave to Whelan (Whelan to the R.C.). He also stated that Fitzpatrick was foolish in going to the Kelly hut, but then states he was within his rights even though going against the orders of Assistant Commissioner Nicholson. Was Fitzpatrick ever officially reprimanded for disobeying the orders of the Asst. Chief Commissioner, and if not, why?

Now I shall tell you what I think … Mr. Berry, the Premier of Victoria on the 8th January 1878 sacked many public servants including Country Court Judges, Police Magistrates, and Coroners etc. It looked like the Police Force would be next in his sights. This decision by Berry would have been like putting 240 volts of electricity up the backside of every officer in the force. If any of the police to be dismissed first, it would be those in the ranks who have not shown an exemplary record. Ned Kelly had been a thorn in the side of the police and squatters for some time in the North East, but still they could not catch him in the act of retail horse and cattle dealing. To rid Ned Kelly and his family from Victoria would be a blessing to the Police and to the squatters, who I might add were quite influential in their dealings with the Victorian Government.

The players that I believe who conspired to relieve themselves of the Kellys once and for all are… Inspector Brooke-Smith, Sgt. Whelan, Snr. Constable Strahan, Asst. Commissioner Nicholson, and possibly Sgt. Steele. This is how I think it all played out. Brooke-Smith takes Strahan out of Greta under the pretence of a sighting of Ned Kelly up in N.S.W, Whelan is informed of the plan and receives the telegram from Brooke-Smith to tell Fitzpatrick to take over the Greta station. Before Fitzpatrick leaves for Greta, Whelan reminds Fitzpatrick of his very shaky future in the Police service and how he can redeem himself. This wasn’t the first time Whelan had used Fitzpatrick to get a conviction against the Kelly clan.

The drugging of Ned Kelly’s drink in Benalla by Fitzpatrick was probably known by Whelan. He now tells Fitzpatrick a fictitious story that Strahan has gone up to New South Wales because of a sighting of Ned Kelly, and then tells him of the warrant for Dan, and to drop by the Kelly home and use the warrant to start a confrontation. Fitzpatrick told Whelan he could easily take Dan, so he was confident in starting some trouble in the Kelly household. Under the influence of alcohol when he arrives at the Kellys, his attention turns to Kate Kelly in an ungentlemanly fashion knowing full well he will get a violent reaction from Dan and Mrs. Kelly. On top of that, and to Fitzpatrick’s surprise, Ned Kelly isn’t in New South Wales after all, as Whelan had assured him. Fitzpatrick then leaves the Kelly home late that night, not to the Greta station with Dan Kelly, but back to Benalla with claims of attempted murder on himself.

In the Wangaratta police station, Assistant Chief Commissioner Nicholson, Inspector Brooke-Smith, Sgt. Steele are all eagerly awaiting news from the 11 Mile Creek. When news of this outrage soon reaches the Wangaratta Police station, the Assistant Police Commissioner seemed none concerned or surprised, and continued on to inspect the Yackandandah station. Ned Kelly was now wanted for attempted murder of a Police officer (if he was in fact there), Dan Kelly, Mrs. Kelly, and two innocent men were now wanted for aiding and abetting in the attempted murder of a Police officer. Whatever the outcome of Fitzpatrick’s visit, he had accomplished what I believe he had been sent out to do. What Mrs. Kelly had told Cookson some 33 years later that Fitzpatrick was drunk and was there to cause trouble was so very true.

This terrible outcome goes back to the sighting of two boys moving supposed stolen horses through Chiltern. With Dan Kelly now a fugitive, the second boy charged, John Lloyd, was found to be not guilty as would have Dan. The other thing we can look at is … was there actually a sighting in Chiltern in the first place, or was this just another ploy by Police to bring more trouble to the Kelly family? They say when a butterfly flaps its wings in South America it can cause a typhoon half way around the world. This certainly applied to this Kelly story.

To summarise, there are a few questions I would like to ask that just don’t sit right with me.

1. Why would a Police Officer who was eventually dismissed from the force and, who the Chief Commissioner of Police Standish wrote of his character on his service record, that his conduct was ‘VERY INDIFFERENT’ on account of his ‘GENERAL MISBEHAVIOUR’ be chosen to take command of a station that was central to the prevalent horse stealing activity in the North East?
2. When Whelan was asked at the Commission# 6200. Were you in charge of the district at the time of the first warrant for Dan Kelly?—Yes, sub-district. #6201. Was Greta in your sub-district?—No, in the Beechworth district. Then why wasn’t an officer sent from Beechworth?
3. Why did the warrant for Dan Kelly and John Lloyd take 8 months before it was issued?
4. If the warrant was issued on the 5th April, why didn’t Snr.Constable Strahan serve the warrant before the 15th April?
5. If Strahan was to be temporarily replaced at Greta, why weren’t Police from Wangaratta, Beechworth, Chiltern or Rutherglen stations asked to take charge of Greta?
6. Why was there a report in a newspaper just prior to the Fitzpatrick incident stating that a certain Inspector of Police told the Editor of the paper that there would be shooting between the Kellys and Police before too long?

This story of Ned Kelly and his family is not as straight forward as some perceive. There is a lot to look closely at between the lines. Much of the research on the Kelly story is taken from documents that have been written by Police and other Government departments of the time. In some cases, are we really reading fact, or simply fiction? I leave it up to you. Finally, on Wednesday the 18th July 1894, Alexander Wilson Fitzpatrick finally gets his just deserts.

SENTENCES
Alexander Fitzpatrick who was found guilty of obtaining different small sums of money from Mrs Ryan of the Saracen’s Head Hotel, Bourke Street by means of     valueless cheques came up for sentence at the Criminal Court yesterday, before the Chief Justice. Mr Tucker, who appeared for the defence asked that a light sentence should be inflicted. The prisoner was a young, married man. It also appeared that he had been drinking heavily during his stay at the hotel. The prisoner himself also addressed the Court in mitigation of sentence, and stated that when he passed the cheques he thought that he would have funds at the bank to meet them. He was sentenced to 12 months imprisonment.

‘The Argus’ Wednesday 18 July 1894 (p.6).