THE FITZPATRICK INCIDENT Apr 1878.

A policeman named Constable Fitzpatrick was sent by his boss, 
Sgt Whelan to relieve Constable Strahan in Greta for a few days. 
Fitzpatrick returned to Benalla the following day smelling of alcohol 
and with a wound to the wrist.

Fitzpatrick had gone out to the Kelly home to arrest Dan for horse stealing.

There was an outstanding warrant for his arrest, mind you he may not
have had it with him at the time. (in those days that was not all that
unusual) Fitzpatrick's position in the force was a bit wonky, he would
have felt very vulnerable during this period.

He thought that arresting Dan might help improve his situation.
It has often been claimed that he was not really out to arrest Dan, but had
designs on Ned's young sister Kate. Here was an opportunity to look
good in the eyes of his superiors and try it on with Kate at the same
time.

There are many versions and interpretations of what occurred. 

Here below are Ned and Fitzpatrick's versions.

Fitzpatrick's version.

Q 12821 Will you tell the Commission what occurred?
When I first went to the place Dan was not there- only Mrs. Kelly and
some of her younger children of the place, and I entered into
conversation for a while to see if there was any chance of Dan putting
in an appearance.
Q 12822 She knew who you were?
Yes; and I drew her attention to the sound of someone cutting wood
behind the hut on the creek where they lived, and I said : 'I'll go up
and see who they are?
I went up there and found Williamson, a man that used to live with them,
splitting rails, and asked him had he a license, and he said, 'No, he
did not require one splitting wood on selected land; so after I had
spent a few moments with him I was heading for Greta. I was going
straight there - the station I was en route for. I was on horseback. I
had occasion to pass by the Kelly's new hut at the time - the one they
were living in at the time - As I was passing I noticed two horsemen
entering the slip panels in front of the old hut. I rode round to where
they were, and by the time I got round one of the men disappeared, and
Skillion was holding one horse by the mane and had the other horse -
the one he had been riding with the saddle and bridle on - he was
holding that, and a third horse he had caught in the panel just after
coming in. The horse that had been ridden had the bridle off.
I asked Skillion who was riding the horse. He told me he did not know. I
examined the mare and saw it was the one Dan Kelly was riding two or
three days previous to that, when I had seen him. I said, 'That is Dan
Kelly's mare', and he said, 'yes', I said, 'where is he?' and he said,
'up at the house, I suppose.' That is the new hut. So I rode up to the
place again and called out, 'Dan'. He came out, and as soon as I saw him
I walked up to him. He had his hat and coat off and knife and fork in
his hand. I said,' I am going to arrest you on a charge of horse
stealing, Dan.' ' Very well, you will let me have something to eat
before you take me?' I said, 'All right.' He said,'I have been out
riding all day.' So he went back into the hut, and I followed him in. As
soon as I went inside Mrs. Kelly accosted me, calling me 'a deceitful
little _________.' I said it was no use talking that way, that I had to
do my duty, and Dan said, 'shut up, mother', that is all right, I was
scarcely in the place three minutes when Ned Kelly rushed in and fired a
shot at me and said, 'Out of this, you ____.'
Q12823 Were you sitting down at the time?
I was standing up; Dan was sitting down to have something to eat. I was
standing up alongside of him, with my right side to him.
Q12824 How far was Ned from you when he fired?
About a yard and a half from me; he had just come from the side of the
hut door. As soon as he had fired the first shot Mrs. Kelly seized an
old shovel that was at the fireplace, and rushed at me with it.
Q12825 He missed you with the first shot?
Yes. She rushed at me with this shovel and made a blow at me, and
smashed my helmet completely in over my eyes; and as I raised my hand to
keep off the shovel Ned fired a second shot and it lodged in my wrist.
With that I turned to draw my revolver, and just as I slewed to the
right Dan Kelly had my revolver pointed at me. He had snatched it while
my attention was drawn to his mother and Ned.
Q12826 Where was Williamson?
He had come to the door of the bedroom, and Skillion ; they both had
revolvers in their hands; they were not in the hut when I came in.
Q12827 Were they in the hut when you were fired at?
Yes, just as the third shot went off.
Q12828 Was Skillion in the hut?
He came to the hut as soon as Ned Kelly had found out it was me.
Williamson came out of the bedroom door and had a revolver in his hand,
and Skillion just came to the door while he was forcing himself in where
Ned was standing.
Q12829 Then you had three men to fight besides Mrs. Kelly?
Yes; and Ned Kelly said, "That will do, boys." If he had known it was
Fitzpatrick he would not have fired a ____ shot.
Source Royal Commission........