Royal Commission report day 19 page 40

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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'

6980 By whom?— By Mr. Sadleir.

6981 Specially appointed to take the duties of another man who had been relieved?— Yes.

6982 Were you not informed by Mr. Sadleir that Mr. O'Connor was your superior officer in that position?— No, I think not.

6983 Then, in point of fact, though you were there to do duty with the black trackers under Mr. O'Connor, you would recognise Senior-Constable Kelly as the superior officer; as far as you alone were concerned, was not Mr. O'Connor your superior officer?— Yes.

6984 Would you, if Mr. O'Connor gave an order, disobey it if Senior-Constable Kelly gave another order?— Under those circumstances I would scarcely know what to do.

6985 Did you consider Mr. O'Connor your superior officer while you remained here with the trackers?— Yes.

6986 Did you ever enquire with yourself whether Mr. O'Connor was your superior officer or not?— No, I just obeyed; I did not enquire that.

6987 Mr. O'Connor having gone out of the district, and, so far as you knew, being about to sail for Queensland, would you consider yourself under him when he came back with the black trackers to Glenrowan, or would you consider yourself under Senior-Constable Kelly?— If Senior-Constable Kelly had given me orders I should have obeyed them.

Mr. Hare — This man has only been in the force about eighteen months or two years before this. He was a recruit at that time.

6988 By the Commission— You looked upon Mr. O'Connor, at all events, as having left the Victoria police when he was going to Queensland?— I did.

6989 You said you saw Mr. Hare sitting on a log, wounded?— Yes.

6990 Did he ask you to render him any assistance?— No.

6991 Or to go for the doctor?— No.

6992 Or to send for anybody?— No.

6993 You considered him badly wounded?— Yes, apparently he was.

6994 Did you suggest anything to him?— No, I did not.

6995 If you had been called upon to rush this house, you would have been perfectly willing to have gone with a party before it was set on fire?— When we got orders to that effect we would have obeyed them.

6996 With regard to the black trackers and Mr. O'Connor, you were out frequently with them?— Yes.

6997 And you had many conversations with the black trackers?— Yes.

6998 Had you any conversations with the black trackers after Mr. O'Connor left, I mean the Queensland trackers?— They went with him.

6999 Were you out with them without Mr. O'Connor, ever?— Yes, on plenty of occasions.

7000 Did you have any conversation with them with regard to Mr. O'Connor, as to trig ability and how they liked him?— No, never.

7001 They never expressed an opinion?— No.

7002 Never made any remark of what they thought of Mr. O'Connor?— No.

7003 Do you think they liked him generally?— Yes.

7004 They always obeyed his directions at that time or any other?— Yes.

7005 You are now in charge of the black trackers in Benalla?— Yes.

7006 Have those men here now been with the other trackers, or do they know nothing of them?— They know nothing of them.

7007 Have you had much practice with firearms since you have been in the force?— Yes a lot of practice.....

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