Royal Commission report day 19 page 43
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
7066 I think you cast a doubt upon my statement, in reference to taking my men out, and, I considering them sufficient with two white constables. You stated you did not think them, I understood you, good by themselves or reliable unless they had white men with them. Did you ever have any reason to doubt really the courage of my men. Have you ever had any occasion to doubt it?— Well, I suppose I am on my oath and must speak the truth, only on one occasion, and that was at Glenrowan.
7067 By the Commission— What caused you to doubt it; what action was it?— When those civilians came out in the morning there were two or three or four of them, instead of coming out when; Constable Wilson I called them, went to get under the culvert.
7068 That is the trackers?— Yes.
7069 By Mr. O'Connor— Went to hide under the culvert. Where was this culvert, please?— Running under the road.
7070 Were you near them?— A little way from them, Wilson and I.
7071 And you both saw them go under the culvert?— Yes.
7072 Did they remain there any length of time?— No.
7073 How long?— I could not say; we asked them to some out, and they said they had no ammunition.
7074 Which men?— I could not say; and I told them to come out and show their empty rifles, whether they had any ammunition or not.
7075 You never mentioned that to me during the whole day?— No. You just now asked me to give an instance.
7076 That is the first time you ever had any occasion to doubt the courage o£ the men?— The first and only one.
7077 We had been out before on tracks that we thought were the outlaws' tracks, our first and second trip—were you with the men at that time?— No, I was in Beechworth with Mr. Hare, in the cave party, behind Mrs. Byrne's house.
7078 By the Commission— I suppose you understand that they fired away as long as they had ammunition?— I think they did.
7079 By Mr. O'Connor— Did you notice anybody else show what you might consider cowardice at Glenrowan?— I do not know that I did.
7080 Can you say decidedly?— I did not see anybody.
7081 In your opinion do you consider I had a good position in the front of the house?— Yes, I do.
7082 By the Commission— In what sense do you mean the word “good”?— A safe position.
Mr. O'Connor — No, I refer to the outlaws.
7083 By the Commission— How far from the house?— Thirty or forty yards.
7084 You are on your oath, and will you now say what you mean by a safe position—tell us really what you mean?— I meal; he had a safe position; unless he stood up right in that hole he would not show his head above —it was a safe position.
7085 By Mr. O'Connor— That was not an answer to my question—my question was, was it not a good position to do the work we were supposed to be doing, endeavoring to arrest the outlaws and prevent them escaping till we got more assistance; was that not what we were doing?— Yes.
7086 Was not that position a good one for that?— Yes, for the command of the front of the house.
7087 By Mr. Hare — How far was I from the house when I was shot—about?— I have not taken any notice of the ground, but I should say about thirty yards.
7088 Who was nearest to me when I was shot?— That I could not say.
7089 Who was up near me; what persons did you see near me when I was shot; whom do you remember seeing there?— Kenny and Barry.
7090 Were you near me—How far were you from me when I was shot?— Ten or twelve yards.
7091 Behind or in front?— Behind you.
7092 Did you see Mr. O'Connor when I was shot?— No, I did not.
7093 You say you saw him leave the railway station and follow me, did he go up to the house with me?— When you and he left the station together, I ran behind him, and, as far back as I can remember, I think you were very soon twenty yards in advance of him.
7094 Where did he go?— I do not know. I never saw him after. I cannot say.
7095 Did he go up to the house with me?— I did not see him.....
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