Royal Commission report day 19 page 42
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
7037 Were the boys good shots?— Two of them were — the others very bad.
7038 Did they practice with the rifle?— Yes, always.
7039 Which party was that?— Mr.O'Connor's boys, who have gone.
7040 Your own boys — are they good shots?— They use the revolvers so far; they have not used the gun yet. They do very well with the revolver.
7041 If they would not fight, what use would be the revolvers or the rifles?— I did not say they would not fight; I do not know whether they would fight or not.
7042 You think they would fight better with whites than without?— Yes, I think they would fight with whites.
7043 By Mr. O'Connor— When you were handed over to me, did you not understand from Mr.Sadleir you were to be under my orders?— Yes, I understood I was to be under your orders.
7044 Did you ever receive orders from anybody else, except through me?— I could not say I did.
7045 Cannot I bring to your recollection, when you applied for ammunition and it was refused you, my order got it for you?— I do not ever remember applying for ammunition.
7046 How did you get your ammunition; would Sergeant Whelan give you ammunition without my order for my party or not?— He would for me; he would not for your boys to practice without your order. I do not ever remember his refusing me for my own use for practice.
7047 You state that the last time you saw Mr. Hare, till to-day, he was sitting on a log; where abouts was this log?— In front of the house.
7048 Which side of the fence from the railway station?— The Benalla side.
7049 You state that you did not see Mr. Hare leave the ground, I believe?— No, I did not see him leaving the ground.
7050 Can you inform the Commission how long after the first shot the two engines left the station; you heard them pass down?— Yes; I could not say how long it was from the first shot till those engines left.
7051 Could not you make a very good guess at it—everything I know was guess-work; but was it in an hour or half an hour; or what time?— It may have been under an hour—I could not say; I would not say what time it was.
7052 It might have been half an hour?— As far as I can remember, it was more; but I would not say as to time.
7053 Could you see whether Mr. Hare loaded his gun again, or do you think he could load his gun again with the bad wound he had—you stated you thought it was very severe—was it possible for him to load his gun and fire?— I do not think he could.
7054 Did you see him do it?— No, but he may without my seeing him.
7055 Would you not have been in a position to see him do it?— I might have been very close to him and yet he load it without my knowledge.
7056 Did he immediately leave the log and go to the station?— He was sitting on the log when I left him.
7057 When was it you first heard the women had left the house?— I saw the women leaving.
7058 Did you hear anybody call out to them to cease firing?— I heard two or three people call out to cease firing.
7059 Did you recognise Mr. Hare's voice?— I only recognised Gascoigne's voice.
7060 Did you recognise Mr. Hare's voice, telling them to let the women out?— I cannot say I did.
7061 Did you recognise my voice?— No.
7062 You said so to lot the women out?— I do not think I quid that. I said you challenged?— McHugh.
7063 Do you remember my calling to you, you were on my left hand side, in a line nearly with me, and I called to you to see that the Kellys did not come out amongst the women. Do you remember that?— No. I heard you challenge McHugh as I came down.
7064 Not by that name?— No, I did not know the name then.
7065 The challenge was, “Who goes there?” not “McHugh”?— Yes, that was it. I learned afterwards who it was.....
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