Royal Commission report 13/5/1881

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Story of the KellyGang - the Royal Commission 13/5/1881

day before next day

Summary of the evidence on day 19 of the hearings
Question number Date Witness
5941 - 6582 13/5/1881 Sgt Whelan
6583 - 6621 13/5/1881 Const Reilly
6622 - 7128 13/5/1881 Const Kirkham
7129 - 7372 13/5/1881 Sconst Johnston
Appendix Title
20 Minutes of Proceedings at Meetings Held by the Royal Commission
   

Summary of the evidence on day 19 of the hearings

13/5/1881 Sgt Whelan commenced his evidence - some brief highlights

Sgt Whelan outlined his previous career and his role as the sergeant at Benalla. Whelan sent Fitzpatrick to Greta and he took his statement when he returned from Mrs Kelly's place. He also investigated other aspects of the incident. Did Fitzpatrick have a warrant for the arrest of the Kellys? The response to the shooting of Fitzpatrick including the arrests.

Whelan was asked about his role in the Stringy bark Creek murders and the following search parties.

He was the senior officer in Benalla after Nicolson and Sadlier left at the time of the Euroa robbery to go north. Wyatt arrived with his news of the broken telegraph and eventually Whelan heard officially about the Euroa robbery. He then had to organise a search party under Det Ward. Many of the other members of the search party are listed. There were problems with the train that was carrying the search party from Benalla to Euroa.

'

13/5/1881 Const Reilly commenced his evidence -

some brief highlights

Const Reilly was at the siege at Glenrowan. He arrived with Sup Sadleir and was positioned at the southern end of the Inn. Where was his position in relation to that of Sup Sadleir and Insp O'Connor.

Reilly had a problem that did not make him particularly effective.

13/5/1881 Const Kirkham commenced his evidence - some brief highlights

Const Kirkham was at the siege at Glenrowan. He arrived with Sup Hare.

When the train got within a little distance of Glenrowan somebody came and told the police party that the Kellys were there waiting for them. The police had not been on the platform a very few minutes when Kirkham was holding half a dozen horses. He heard Mr. Hare call out, "Let go the horses and come on," and he let go the horses and went towards Jones's Inn.

I got to the Inn and fired away. At about the time Mrs Jones left the Inn Kirkham ran out of ammunition and went looking for some more. He then returned with something to eat to near O'Connor's position.

Soon after Sadleir arrived he ordered us to fire high. Why? It was not very dark.

What happened when the civilians left the Inn

'

13/5/1881 SConst Johnston commenced his evidence -

some brief highlights

SConst Johnston had a bit of a reputation. He was involved in the hunt for the KellyGang in many ways.

Johnston got to Glenrowan about lunch time and was one of the last people to see any movement in the Inn. From an early stage he wanted to rush the Inn.

The Royal Commission asked, 'Is it generally known amongst the officers that you are of an impetuous temperament?'

They then returned to the events of the fire and the discovery of the bodies of the KellyGang. He decribed in some detail how the bodies and armour was laid out. In part he said ' They appeared to me to have laid down in one another's arms-the left arm of one of them was not so much burnt as the right, that is, it appeared to be underneath the other.'

Before the fire he heard noises from with in the Inn. Was it the sound of the men taking their armour off?

What happened after Johnston set fire to the Inn, where did he leave his rifle and what did he do later.

As Johnston went on Sadleir became increasingly concerned stated things very different from Sadleir's representation of the evidence.

The Royal Commission asked SConst Johnston questions like;

Did you see anything of Mr. O'Connor from the time you arrived until you saw him in the position described by you behind the tree, when you asked about setting fire?

Could the KellyGang have got in without exposing themselves to the fire of the police?

Should the police have put on Ned Kelly's armour and rushed the Inn?

Your opinion at the present moment is that it was the armour and drink that saved the police?

After eight months' thought over the matter, although at that time you did not know that the two outlaws inside the hotel were in armour or out of armour, suffering from drink, or otherwise, still at that time, on the spur of the moment, you proposed to rush the hotel in preference to setting fire to it?

Did the police follow the priest immediately into the Inn. Johnston was keen on the idea that the police should have rushed the Inn. Sadleir took the other side in the debate. He asked Johnston, suppose I had sent the four in, and the outlaws dropped a couple and wounded one or two of the others, and those who were able to retire had to retire, what would our position be then outside?


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