Royal Commission report day 21 page 16
The Royal Commission evidence for 17/5/1881
(see also introduction to day 21)
Const Barry giving evidence
7774.7684 No; I mean at Mrs. Byrne 's. Do you remember any orders I gave then about firing?— Yes.
7774.7685 What were they?— The orders that Arthur and I got were that we were not to fire until we heard a shot from the stock-yard—Mrs. Byrne's.
7774.7686 Who was in there?— You had a party of men round the stockyard. and Constable Arthur and I were about 100 yards away in the heap of ferns.
7774.7687 Did I always instruct the men never to fire a shot until they heard a shot come from me?— Certainly so
7774.7688 Always?— Always.
7774.7689 When you came up on the pilot engine you stated that I said not to fire until they fired at us —that is the case?— Yes.
7774.7690 I also said anybody that was wounded was not to be touched till the Kellys were caught?—
7774.7691 Where did I take up my position on that occasion on the engine?— In the front of the engine.
7774.7692 The door?— Between both doors that go through the engine.
7774.7693 Where did I put the men?— I was looking south.
7774.7694 Was it on the tender or on the engine amongst the coals?— Gascoigne was amongst the coals, and I was between you and Gascoigne, looking south; Philips was looking on the north.
7774.7695 I told some men to look on one side and some on the other?— Yes.
7774.7696 By the Commission— About what time did you hear or see the last shot from hotel?— At about half-past twelve I saw the last shot.
7774.7697 No more after that?— No.
7774.7698 Were you in a good position to see if any were fired?— Yes; the principal firing was done at the back window, at me or the men next to me.
7774.7699 What did you see?— I saw the smoke go through the window. The crack of the rifle and the smoke came through the front.
7774.7700 You consider the positions of some of the men were dangerous, on account of their comrades firing opposite?— Yes, very dangerous. I was so myself for some time.
7774.7701 Do you know the men who were opposite to you?— No.
7774.7702 Do you know that Senior-Constable Kelly was at the very back of the yards?— He was changing round from one place to another pretty well.
7774.7703 The officer has given you a character for being active during your service. Have you formed any opinion from your experience there as to whether it was possible to have captured the Kellys by a rush within the first two or three hours of their being surrounded?— Not with a number of people in the place.
7774.7704 It would have been unsafe?— Very unsafe. You would not know whom to capture, and the innocent persons might be shot.
7774.7705 That influenced your opinion?— I did not know there were people in the house.
7774.7706 Were you expecting an order to rush the house at any time?— I expected we were going to rush the house at the very first onset.
7774.7707 Do you consider there were any good opportunities of rushing the house after the prisoners were liberated, from your point of view?— No; I do not think so. The house was a very bad one for that sort of thing.
7774.7708 Did anything else suggest itself to your mind as to capturing those men, except firing?— No; I did not see anything better.
7774.7709 Did you hear anything about a rope to pull it down?— No.
7774.7710 It would not have been a very difficult thing to put a rope round and pull the whole building down with the engine?— It would have had to be a very long rope.
7774.7711 Were you present when the priest went into the house?— Yes.
7774.7712 How near were the nearest police to the house when the priest entered?— There were some at the back I could not see.
7774.7713 Where were you?— I was straight in front, right against that gate—I consider 73 yards.
7774.7714 Were any nearer than you in front?— Yes, but not directly in front.
7774.7715 How far from the house was the nearest man?— I could not tell how near they were at the back.....
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