Royal Commission report day 19 page 15
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6278 That was circulated about?— Yes.
6279 Who gave the order to fire high?— I gave it.
6280 What was the object of firing high?— So that the people who were kept in prisoners by the outlaws would not be shot, and to frighten them to let out those innocent people, and not have them shot.
6281 Do you know that that very firing was what prevented the prisoners from coming out?— I have not heard that.
6282 Would you be surprised if one of those men swore that they were coming out, and were frightened by the firing cannot be surprised at many things I hear.
6283 How soon did the real business of firing commence?— The firing was commenced after the volleys came down on us when we passed through the gate.
6284 How soon after the prisoners came out—about how soon did you know the Kellys were going to fight you?— We got not intimation they were going to fight.
6285 How soon did firing commence?— One man commenced very soon.
6286 A quarter of an hour?— I should think so.
6287 Was there a change in the orders given to fire low?— I do not remember that.
6288 Then the men might still continue that high firing?— There was low firing after the prisoners came out.
6289 How was that altered?— I do not know whether Mr. Sadleir gave the order or not.
6290 You do not?— No.
6291 You did give the order to fire high?— Yes.
6292 Do you know that any order was given for any systematic firing after that?— I did not hear of that.
6293 Did you get instructions from your officer, or did you watch the men that were right and left of you, and give them any instructions what they were to do?— Yes, I told the men with rifles to fire into this window where the shot was coming from.
6294 You were there from what hour?— From about five up to the time that I went to see Kelly.
6295 You were curious to see if it was the man or not?— When I went there were plenty of men to secure the place, and there were only two inside.
6296 During that time did you receive personally from your officers or by message any instructions of what you were to do?— I knew what I was to do.
6297 I asked did you receive any instructions?— I did not.
6298 When you came down to see Kelly did you receive any?— Yes; Mr. Sadleir told me he had been speaking and arranged with some of the sub-officers and some of the old hands that they would fire the house.
6299 What did he say ?— I saw Senior-constable Johnson bringing round the straw, and he went up at the Wangaratta end of the house; and I was speaking to Mr. Sadleir, and he said he had had a consultation before I came up with the sub-officers, and that they had agreed to set fire to the house at the lower end, and if the outlaws were in it they would come out, and that there would be no difficulty; and Senior constable Johnson, he said, wanted to rush the house, but that he saw there was plenty of daylight and plenty of time, and he had lost no men, and he did not intend losing any men; he intended capturing them without losing any men.
6300 He told you that Johnson wanted to rush the house, but he did not consider it advisable, as he had not lost any men, to run the risk of losing any men ?— He did.
6301 Then after Johnson first proposed to rush the house, as you were told, did you see any indication on his part that that was his intention ?— When he was carrying this bundle he was a short distance away.
6302 I suppose he had then given up the idea of rushing?— Yes; he was going to set fire.....
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