Royal Commission report day 21 page 14

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The Royal Commission evidence for 17/5/1881

(full text transcription)

(see also introduction to day 21)

Const Barry giving evidence

7774.7614 Was not your duty perfectly understood, and by every man that he had to do the best could, first to keep the Kellys from escaping?— Yes, certainly.

7774.7615 And the next duty to knock them over, if he had the chance?— Yes, certainly.

7774.7616 Was there any need to give any man instructions to that effect?— No, not to that effect, certainly not.

7774.7617 In the place where you were posted, had you as much communication with the other men— I mean at the other side where most movement was?— It was not very safe to move where I was.

7774.7618 And you had the least chance to hear what was said and done?— Yes.

7774.7619 When the order came to you to fire high, would you suppose it would come from anyone except some person superior to yourself?— I thought it would come from some of the officers.

7774.7620 You said you would expect it to come from me—was that so?— Yes.

7774.7621 You cannot sad when you first saw Constable Dwyer that day?— Not before half-past seven o'clock , as well as I recollect.

7774.7622 On the other side from Gascoigne, what constables were there nearest to you?— At what time?

7774.7623 Well, say from six o'clock ?— Constable Stillard, Senior-Constable Smyth; Sergeant Whelan lower down, not exactly between.

7774.7624 By the Commission— What do you mean by lower down?— Towards the house, south-west, nearer the gully, further away from the public-house.

7774.7625 Further towards the railway line?— Yes, exactly.

7774.7626 By Mr Sadleir — You do not remember Constable Alexander being there?— Which one?

7774.7627 Either of them?— No, I do not.

7774.7628 You know them both?— Yes.

7774.7629 What was the first time you saw me?— About two o'clock in the afternoon.

7774.7630 I have asked you already—from your position you were not much in communication with the other men—could you see what was going on on the other side of the building?— No, I could not; and did not care about looking.

7774.7631 I suppose the building interfered?— Yes, that was one reason, and the firing down was another.

7774.7632 By the Commission— From whom?— From the men at the other end of the house.

7774.7633 Not from the hotel?— No.

7774.7634 Do you mean the firing of your comrades?— Yes.

7774.7635 By Mr. Sadleir— Did you examine those chimneys since that day?— Yes.

7774.7636 How many bullet marks do you think were in—take the one next the Benalla end?— I do not recollect the exact number. I have counted them, but I do not recollect. I know there were a few on the Benalla end; not many, perhaps four or five.

7774.7637-8 How many on the other?— I fancy there was scarcely up to twenty-five. I would not be certain.

Mr. Sadleir — That is rather more than I expected, but I think there must have been between twenty-five and thirty. I think that is all I need ask.

7774.7639 By the Commission— As to the horses—you stated you were looking on the Warby Ranges for the tracks of horses?— Yes.

7774.7640 When you are looking for a prisoner of any kind, would you not try and ascertain the appearance of the man you were looking for?— Certainly.

7774.7641 Did you know the Kellys?— No.....

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