On 15 April, 1878, Constable Alexander Fitzpatrick was sent to relieve the officer in charge at Greta and, on his way, he "decided" to "attend" the Kelly homestead en route from Benalla to Greta. This is despite there being an official instruction that no police officer should attend the Kelly home on their own. Constable Fitzpatrick was aware that a warrant for horse stealing had been issued against Dan Kelly for horse stealing, even though it had been proved Dan was employed by the owner to transfer the horse from one place to another. Fitzpatrick went to the Kelly home, and he stopped there with the intention of executing the warrant.   On the way he stopped at the Winton Hotel and had been drinking.   This was later confirmed by the hotel owner.  Fitzpatrick did not have any warrant in his possession, but it was allegedly not necessary to produce the warrant at the time. 