In an interview three months before his execution, Kelly said that at the time of the incident, he was 200 miles from home, and according to him, his mother had asked Fitzpatrick if he had a warrant, and Fitzpatrick said that he had only a telegram, to which his mother said that Dan need not go. Fitzpatrick then said, pulling out a revolver, "I will blow your brains out if you interfere". His mother replied, "You would not be so handy with that popgun of yours if Ned were here". Dan then said, trying to trick Fitzpatrick, "There is Ned coming along by the side of the house". While he was pretending to look out of the window for Ned, Dan cornered Fitzpatrick, took the revolver and claimed that he had released Fitzpatrick unharmed.