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The Royal Commission evidence for 17/5/1881

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full text

(see also introduction to day 21)

Const Barry giving evidence

7774.7581 You remember when it was placed, was it not placed close to you?— It was never moved after it was placed, I believe.

7774.7582 Do you remember its being laid upon a high bank, near the top of the bank, at one time during the evening?— I do not remember its being changed.

7774.7583 Do you remember my kicking or throwing it down to where you sat?— I do not; it may have occurred.

7774.7584 Do you think that if that were lighted it would simply blaze in our faces, and we could not see before us?— No, I do not remember that.

7774.7585 You said you were conscious of coming near the Kellys once in the Warby Ranges, and you judge of that by seeing some horse prints; have you any notion of whether they may not have been horse prints of men on the station?— From the enquiries we made, I understood that none of the horses on the station were shod. I understood so then.

7774.7586 Where did you see those horse prints?— In the gully looking down on Bryan 's place.

7774.7587 Had you reason to suppose the Kellys' horses were shod?— It was generally supposed they were from what we heard.

7774.7588 What did you ever hear?— That they rode good-looking horses and shod all round.

7774.7589 Did you ever hear that?— I heard it said.

7774.7590 Will you mention one person who said it?— Well, we were very seldom supplied with information of that sort that we would know directly that we would swear to it. Constables were very seldom told anything straight that they could say or not.

7774.7591 You have said about Mr. Stanistreet and McHugh escaping?— Yes.

7774.7592 Was there anything in your conduct to prevent all the other innocent persons escaping?— I think not. The chance is they might be hit from the back if they escaped from the front.

7774.7593 McHugh got away without difficulty?— Yes.

7774.7594 And Mr. Stanistreet got away without difficulty?— Yes.

7774.7595 It is not true then he was fired at—Mr. Stanistreet, I mean?— It is not true.

7774.7596 Was there anything to prevent in your conduct, or any of the men you saw that morning, to prevent the other people going if they liked?— No; as long as they did not rush in a body.

7774.7597 But if they came out calling out who they were, and throwing themselves upon the police, you would have let them come into your lines and examined them?— Yes, certainly, I do think so.

7774.7598 You started to your post at that upper end, rather at the back of Mrs. Jones's?— To the west end, the clear road that goes from Stanistreet's place to the Sydney road. It runs north and south, I think.

7774.7599 Sydney-road is at the back?— Yes.

7774.7600 You took up that position on your own responsibility?— Yes.

7774.7601 Chose the place afterwards?— Yes, through an order by Mr. Hare.

7774.7602 Senior-Constable Kelly shortly after passed you and approved of it?— Yes.

7774.7603 Do you remember seeing Constable Dwyer any time that mowing?— After daylight I did.

7774.7604 What time would that be?— Half-past seven, I daresay.

7774.7605 Did he not bring the orders to fire?— No.

7774.7606 Did he bring messages from me?— No

7774.7607 Did he speak to you at all?— He came round late in the day with some whisky; I think that was the first time he came to me.

7774.7608 Were you in sight of Constable Gascoigne the early part of the morning?— Yes, I was.

7774.7609 Did you not see me coming to speak to Gascoigne?— It was dark then. I could know Gascoigne by his voice, but not by seeing him.

7774.7610 You did not see me speaking to him?— No.

7774.7611 He could have pointed you out to me where you lay?— Yes.

7774.7612 Having received Kelly's instructions, were you in any need of orders all day as to what to do?— Well, I do not think it.

7774.7613 You were at no loss what to do?— No, I was not at an loss what to do.....

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