Royal Commission report day 19 page 44
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
7096 Mind you said you left behind him—did you not see him leave from behind me?— I saw him leave the platform with you; where he went I do not know.
7097 Did he go up to the house with me?— I did not see him.
7098 How many rounds of ammunition did you take with you from the train when you started?— Twenty.
7099 Where did you expend that ammunition?— Most of it between Phillips and Gascoigne.
7100 Was that in the front or left?— On the Benalla side.
7101 That is the left of the house?— Yes.
7102 Do you know how long the men were firing before I called out, “Surround the house”—how long after I was shot—to prevent the Kellys escaping?— I do not remember that.
7103 By the Commission. —Just a moment, when you spoke to Superintendent Hare, and you said he seemed to be suffering much, how long was that after the first volley was fired?— Three or four minutes.
7104 Did he not then tell you to surround the house to prevent the Kellys escaping?— Yes, to do the best I could, for God's sake not to let them escape.
7105 By Mr. Hare— Whereabouts is this log situated, was it between the fence and the house?— To the front and left.
7106 How far was it from the place I was shot at?— It may be fifteen yards.
7107 Nearer the railway station or the hotel?— Nearer the station.
7108 Had I retreated?— As far as I remember.
7109 Do you remember Ned Kelly and all the outlaws retreating into the hotel?— Yes.
7110 Was I standing opposite the hotel when they retreated?— I could not say.
7111 By the Commission— Did you see Mr. Hare standing there when they retired?— I could not say. I was further round to the left.
7112 By Mr. Hare— I suppose you were excited a little during the firing?— I was.
7113 Did you take notice of anybody who was next to me, or whether I fired many shots?— No, I could not say.
7114 Had you not enough to do to look after yourself?— I had enough to do to look after myself.
7115 Was my hand bandaged when you saw me sitting on the log?— No.
7116 I had not been to the railway station then?— No, I think not.
7117 Are you sure of that?— Whether it was not bandaged?
7118 Was there not a handkerchief on my arm?— I could not see it.
7119 You do not know whether it was after my hand was bandaged or not?— No.
7120 By the Commission— You stated in your evidence it was about six minutes after you left the platform you saw Mr. Hare sitting on the log?— I do not remember saying that.
7121 How far would Mr. O'Connor be in the drain from where, Mr. Hare was wounded?— It might the twenty-five or thirty yards, as far as I know.
7122 You did not see Mr. O'Connor after you left the railway, and Mr. Hare went to the front?— Not till I was going to the railway station for ammunition.
7123 How far was it from where Mr. Hare was wounded?— Twenty-five or thirty yards, I should think
7124 Did you see Mr. Hare wounded; did you know he was shot when the volley was fired?— I heard him say he was shot.
7125 Did you see him sit down on the log at once, or did you see him twice?— I did not take particular notice at the time; he said he was wounded.
7126 You say it was three or four minutes after the volley was fired you saw him sitting on the log?— Yes.
7127 Did you see him before he was sitting on the log?— Yes; I think he was talking to some of the men before he was sitting on the log.
7128 Some little time after he was wounded?— It might be three or four minutes.
The witness withdrew. ....
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