Royal Commission report day 22 page 10

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The Royal Commission evidence for 18/5/1881

(full text transcription)

(see also introduction to day 22)

SConst Kelly giving evidence

8187 If they came in a body they would be shot?— They would; because the outlaws—or at least I believe it to be them-were firing out of the two front windows. I walked down the drain with Mr. Sadleir, and within ten yards of Mr. O Connor, and Mr. Sadleir said, “Come here, O’Connor”; and he said, “No, you come here.” Mr. Sadleir turned round to me and said, “You go and place the men wherever you think they are required.”

8188 Whom kind Mr. Sadleir beside you and him?— Constable O'Dwyer then came up.

8189 After the conversation?— After the conversation.

8190 Mr. Sadleir told you to go and place the men?— Yes, where I thought they were required. I went round with a man.

8191 What man?— Sergeant Whelan.

8192 You went round with his relief party?— Yes.

8193 Who were the relief party?— Mr. Sadleir's party.

8194 Who were they?— Whelan, Senior-Constable Smyth, Milan , Ryan, Wallace, Wilson , Kelly, Reilly.

8195 That is the big Kelly?— Yes; and one or two others.

8196 Did you place those men?— I did.

8197 All round the house?— Constable Kelly I took the furthest round.

8198 That is the man now stationed at Benalla?— Yes.

8199 Where do you call the furthest round?— By the stockyards.

8200 At the back of the stockyards?— Yes. Not quite at the back, a little to the Benalla side. I went round about again to the north side.

8201 Were not you afraid of being shot in going round?— No; I kept back a good bit, so as to avoid getting shot.

8202 And to see the men all in front of you?— Yes.

8203 You could see the men?— I could see the men. I came round to the railway fence.

8204 You came right round the house?— Worked round the house.

8205 Who was the next to Kelly?— Sergeant Steele's men were next to him, Constable Moore.

8206 Was Sergeant Steele opposite the back door, behind the tree, where you have already said he was?— Yes, he was there.

8207 Was Riordan's son shot at this time?— No

8208 Who was next towards the railway station?— Phillips or Arthur. I am not certain. They were behind me then.

8209 Were they outside?— They were outside Sergeant Steele.

8210 Were they outside the railway fence or inside it?— Outside it.

8211 That is Jones's; outside of the railway fence?— Yes.

8212 Did you come inside the railway fence?— I did not.

8213 When you came round did you visit Mr. O'Connor again?— No; I never went near him. I never spoke a word to him from that day to this.

8214 Did you visit him at all between Mr. Hare's leaving by the train for Benalla, after his second return to the railway station, at the time you took Mr. Sadleir to him?— No; never saw him or spoke to him.

8215 Did you go inside the railway fence from the time that Mr. Hare left you until you went down to the railway station to meet your officer, Mr. Sadleir?— I did, I remember now.

8216 Where did you go?— I went to the railway station, and took a ride down with me.

8217 That bloody rifle?— Yes.

8218 And the skull-cap?— And the skull-cap; I had that upon me.

8219 Where did you leave it?— I had it upon me-the cap-as I had lost my hat at this time, that I had stuck in my pocket.

8220 When you went all round by Mr. Sadleir's instructions, did you report to Mr. Sadleir that the house was invested ?— No.....

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