Royal Commission report day 19 page 23

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

Sgt Whelan giving evidence

6468 By Mr. O'Connor. —If you took charge of the position, as the officer in charge of the party, and took up the position the most important and dangerous you considered on the field, would consider it wrong to leave that position if you had as I had my native troopers with me, would you consider it proper to have left that position till you had been relieved?— Yes, if I had charge of both white men and troopers.

6469 If you had a man under you who was going round bringing ammunition, taking your orders, would you consider it most important for you to remain in that position?— With which troop?

6470 Suppose you are in charge of both?— If I was in charge of both, I would certainly consider it my duty to go round and see that both were doing their duty.

6471 And what would you do at the time, at the most exposed dangerous part of the house, which; it was, to leave that place, if you had at the same time a man to go round and carry orders?— If I thought everything was not secure, the men not properly posted, I would leave the nest in charge of the trackers, and go round myself.

6472 If you had reason to believe everything was correct?— Circumstances alter cases, and I do not know what I would do, if I was there in charge.

6473 Where were you when the priest came out of the house, can you explain?— I was at the north-east corner, the Wangaratta end of the house, where Mr. Sadleir had posted me and some others, at the time that the firing was to be on the house, while Johnston was setting fire to it.

6474 Do you remember where Mr. Sadleir was?— Very close to me at the time.

6475 When the priest came out of the house?— No, he moved from that down. Mrs. Skillian made the attempt to go to the house, and Mr. Sadleir, I believe, went down and stopped her, and then came back, and as the priest came out he ran up towards the house, and I was close behind him.

6476 Did you see Kate Kelly or Mrs. Skillian come up to go into the house, appearing to?— Yes, she did not get up quite near.

6477 Near Mrs. Skillian?— Yes.

6478 Where was Mr. Sadleir from her position?— I think he stopped her from going any further, to the best of my belief; I cannot remember everything.

6479 Did you see me alongside of Mr. Sadleir?— You were up after the fire took place, at the time the priest came back; I saw you then.

6480 The women went back, and almost immediately the priest went forward; did you see him come forward out of the crowd?— I did.

6481 Was it near where Mrs. Skillian was?— I think the priest passed up near where Mr. Sadleir stopped Mrs. Skillian.

6482 Nearly in the same ground, a few yards?— Yes.

6483 Mr. Sadleir was in the same position, very near, as when the women attempted to go up?— Yes.

6484 Did you see Mr. Sadleir remonstrate with the priest?— Yes.

6485 Did you hear his words?— No, I did not hear what Mr. Sadleir said to the priest until after I was going to attend the sick man.

6486 You saw the priest make the advance, and go back, and then advance again, when the crowd called him?— Yes.

6487 Did not you see Mr. Sadleir, myself, and several men follow the priest up at a distance of a few yards, say four or five?— I think it was not so close as that. I think at the time the priest came out we were perhaps thirty yards away.

6488 You saw that I was with Mr. Sadleir?— Yes, I know you were up at the house at the time Cherry was brought out of the house.

6489 Do you remember when I was in Benalla, I cannot recollect the date, but after some races there, that Mr. Little, the butcher's brother in Benalla, lost a very valuable gold watch, worth fifty or a hundred guineas, on the racecourse; did you ever hear anything about that?— I do not remember hearing of that; I might have heard it, but I do not remember it.

6490 You do not remember two of my men going out and finding the watch five days after, and getting £5 note as a reward, and of Mr. Little promising another £5 note the next day, when he got change?— Yes, I remember it now.

6491 Did you hear anything about my police work at Lancefield?— I heard about their going up towards Wild Duck Creek.

6492 You never heard of their tracking there from Mr. Baber or any one?— No.

6493 By Mr. Hare. —During the time that Captain Standish and myself were stationed at Benalla did not the men practice constantly with firearms?— Yes.....

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