McIntyre asked what they would do if he induced his comrades to surrender. Kelly stated, "I'll shoot no man if he holds up his hands", and that he would detain them all night, as he wanted a sleep, and let them go next morning without their guns or horses. McIntyre said that he would induce them to surrender if Kelly kept his word, and added that one of the two had many children. Kelly said, "You can depend on us". Kelly stated that Fitzpatrick was the cause of all this; that his mother and the rest had been unjustly "lagged" at Beechworth. He told McIntyre to leave the police force. McIntyre agreed, saying that he had thought about it for some time due to bad health. Ned asked McIntyre why their search party was carrying so much ammunition. McIntyre replied that it was to shoot kangaroos.