On one visit to Benalla in 1876, Dan was arrested for stealing a saddle. The police let him go when they could not get enough evidence. Dan and his cousins got into trouble with the police in October 1877. They had gone to a shop to pick up food and other supplies, but the shop was shut. When the owner refused to open the shop, Dan Kelly broke down the door. They were charged with violent assault, damage to property (the door), breaking into houses and stealing things worth £113. The boys went into hiding, and the police spent three weeks looking for them. Constable Alexander Fitzpatrick told Ned Kelly to get them to give themselves up. In court, the police were not able to prove most of the charges, but Dan went to prison for one month for damaging property worth £10.