Royal Commission report day 21 page 4

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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

7774.7351 That would be about three o'clock in the morning?— About that time, from perhaps half-past two.

7774.7352 That is, you were there from the very beginning?— From the beginning.

7774.7353 What position did you occupy in going up from Benalla?— I was on the pilot engine.

7774.7354 As you were going along were you stopped by anything?— Yes. I think it was the traffic manager ordered me down off the engine, and to go down into the van connected with it.

7774.7355 Then you did not remain on the pilot engine?— No.

7774.7356 You do not know how the train came to be stopped?— No, I do not.

7774.7357 When you arrived what occurred?— The first information I had of anything being wrong was Mr. Hare calling my name, and I got out. I was with the other men then, with Constables Gascoigne and Phillips ; and we went from this train to the pilot engine, which was perhaps a quarter of a mile ahead, and got into it.

7774.7358 Was there a van connected with it?— There was a van connected with it.

7774.7359 That one backed on to the train behind, for what reasons?— I do not know; I believe from an understanding with Mr. Hare and the engine-driver. They all went together on to the platform at Glenrowan.

7774.7360 You stopped at the platform?— Yes, we stopped at the platform. They were taking out the horses; I stood at the back.

7774.7361 Why were you taking out the horses?— To saddle the horses and be prepared in case we had to gallop after them and pursue them, as we understood they were at Glenrowan.

7774.7362 You did not know the place?— Yes.

7774.7363 Did you know they were at Jones's house?— No.

7774.7364 You did not know the hotel—you heard Bracken say exactly where they were?— No; simply that they were at Glenrowan.

7774.7365 Did you hear anybody say that?— I heard Mr. Hare say he had received information that they were at Glenrowan. On going upon the engine, Mr. Hare gave us instructions that we were not to fire till we were fired on by the outlaws, and then to do our best, and if any were shot not to wait to pick them up, that there would be time enough for that afterwards. The horses were taken out to the platform. Before that, Mr. Hare, with this volunteer, Mr. Rawlins, went down to Mr. Stanistreet, the railway station master's, at the gate. Constable Gascoigne , and I think Phillips , and I still remained with him. Of course we kept out wide and went to the house and went round it, where he made enquiries at the station master's place. I heard Mrs. Stanistreet 's voice, and she was saying something that Ned Kelly had only left a moment, and had gone over that way. I did not see the direction that was pointed out. Then Mr. Hare went back to the platform and ordered the horses to be taken out and saddled. Before all the horses were taken out, I heard a voice, which I understood afterwards to be Bracken's, singing out “The Kellys, the four of them, are at Mrs. Jones 's, surround them, surround them.” I think he made use of Mr. Hare 's name. I was holding some horses at the time, and Senior-Constable Kelly said, “Let them go, and come on,” and we rushed for Mrs. Jones 's place. Mr. Hare sang out, “Come on,” and went through the wicket gate. There were four or five of us with Mr. Hare , and when within about 25 yards of the front verandah we were fired on. We returned the fire, and it was kept up for perhaps five minutes without intermission.

7774.7366 How many men went through the wicket-gate with you?— Five, I think, with Mr. Hare.

7774.7367 Who were they?— Constables Phillips, Gascoigne, Kirkham, and myself.

7774.7368 Was Canny with you?— No; and black tracker Hero.

7774.7369 Those, so far as you know, are the five who followed Mr. Hare—were there any others?— No one else that I know.....

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