Byrne was likely present at the Kelly homestead on 15 April 1878 when Constable Fitzpatrick claimed that Ned Kelly shot him and Ellen Kelly , Ned 's mother , hit him over the head with a shovel .
Byrne was probably at the Kelly house on 15 April , 1878 , when Constable Fitzpatrick said that Ned Kelly shot him and that Ellen Kelly , Ned 's mother , had hit him over the head with a shovel .