Royal Commission report day 19 page 31

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

'Const Thomas Kirkham giving evidence'

6690 Did you see the marks on the building to see how the bullets told on it?— The building was one perfect mass of riddles.

6691 Did you hear anybody calling upon the Kellys' prisoners to come out?— Yes, I heard several people calling on them to come out.

6692 Did the firing cease when they were coming out?— I think there was some firing going on when the women were coming out.

6693 But when the men came out, at about ten o'clock ?— As near as I can remember, that was the time.

6694 When did the women come out?— They came out earlier—about daylight.

6695 Was there no firing while the men were coming out?— None, as far as I remember.

6696 From either side?— No.

6697 Did you see Mr. Sadleir or Mr. O'Connor then?— No, I did not.

6698 Did you shift away from your position when they were coming out?— Yes.

6699 In what way?— Ran up towards them.

6700 Were you in front at the time?— I was in front at the time.

6701 You were with Mr. O'Connor?— No, not then.

6702 Where was he at that time?— I do not know, I am sure. I think Mr. O'Connor left and went away with Mr. Sadleir. I would not be sure.

6703 Immediately Mr. Sadleir came on the ground?— I would not be sure whether he went away then or not.

6704 You did not see him?— No.

6705 Were you in that so-called drain?— I was there with Mr. O'Connor for a while.

6706 Where did you go from there?— To the railway station

6707 Where were you when you came back?— I came back to there with the provisions.

6708 Did you see Mr. O'Connor then?— Yes.

6709 How long was he there after you returned?— That I could not say.

6710 When did he leave?— I think he left with Mr. Sadleir, but I could not say when. There were two other constables there then. I was speaking to constables Kenny and Wilson, and I did not know exactly when Mr. O'Connor left.

6711 How long were you away from the drain after you came out of it for the bread?— I may have been half an hour, or more.

6712 Were Mr. Sadleir and Mr. O'Connor there when you came back?— I think so, but I am not sure.

6713 You say they left about that time—do you know which way they went?— I think they went up towards the Wangaratta end of the building.

6714 Was that where Kelly was captured?— Yes, at the north end.

6715 Do you know the time he was captured?— I think about half-past six.

6716 Where were you then?— With Mr. O'Connor.

6717 At the front of the building?— Yes.

6718 Was that in that drain?— It was.

6719 How long after that was it before you saw Mr. O'Connor when he left with Mr. Sadleir?— I would not be sure about his leaving with Mr. Sadleir.

6720 How long after that was it that you saw him; when did you see Mr. O'Connor after half-past six, when you were with him?— That is about when Kelly was captured?

6721 Yes?— He was there then; I saw him then.

6722 When did you see him again?— I next saw him talking to Mr. Sadleir, at the north end.

6723 When was that?— I think it was eleven o'clock . I would not be sure of the time; we were up all night.....

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