Royal Commission report day 22 page 21
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8513 It was s slip of the tongue of the witness, no one else seemed to notice it?— I went over to you to come over to the telegraph office in the morning over another matter.
8514 I will take the order of the evidence as it was given for cross-examination. You said you went up to rush the house with Mr. Hare–what would the probable consequences have been of rushing a house with men inside armed?— We did not know they were armed.
8615 You said that, later in the day, if the house were rushed some men's lives would have been lost?— Yes, I believe they would.
8516 Was it necessary to lose any lives?— I do not think it was.
8517 Would it have been generalship–I ask you as a sub-officer of experience–would it have been generalship of any officer to lose lives unnecessarily?— I do not think it would.
8518 You would not approve of a rush?— No.
8519 Is that really what you wanted to say?— That is it.
8520 At what hour did you find the rifle with blood upon it?— About four o'clock I think, to the best of my belief.
8521 Do not you remember coming to me and telling me about that?— I told you upon the platform, when you came there.
8522 Was it then you told me about the rifle?— Yes.
8523 I thought it was subsequent?— No.
8524 Can you account for Constable Barry not knowing that there were innocent persons in the house. He said that positively. Can you understand how any man could be ignorant of that?— In the first set off I thought they were all their own friends that were there, except Mr. Jones's family.
8525 By the Commission— Do you mean by that sympathizers?— Yes.
8526 By Mr. Sadleir— Can you understand at the time I arrived, from half-past five to six, how any man belonging to the first party could be ignorant that there were innocent persons in the house?— I did not tell him.
8527 Was not it taken for granted by every one on the ground that there were a number of persons there not outlaws?— Could not I have what?
8528 Constable Barry said yesterday that he did not know all day long till the prisoners escaped at ten o'clock that they were in the house. Can you understand how any man could be ignorant of that fact?— I do not understand the question.
8529 Constable Barry was one of the constables upon the ground frmn the first start with Mr. Hare?— Yes.
8530 In his evidence he stated that until ten o'clock, when the prisoners were allowed out, he had no knowledge that they were upon the premises?— He would hear the women screaming.
8531 No doubt he told the truth, but can you understand how it was that he was in ignorance?— I cannot understand it.
8532 By the Commission— How soon did you know there were innocent people in the house?— When Phillips came round to me.
8533 What time was that?— Just before Sergeant Steele came–about five o'clock, I suppose.
8534 How long was Sergeant Steele there before Mr. Sadleir came?— Not more than five or six minutes.
8535 By Mr. Sadleir— Did not you explain fully to me the position of everything when I came?–Yes.
8536 You mentioned one part of the building that was not secured?— Yes:
8537 And you heard my direction to Sergeant Whelan about that?— I did not.
8538 Sergeant Whelan went down the line with his men?— Yes, he went and took up a post behind a tree, and stopped there all the time.
8539 He took most of his party?— Yes.
8540 That is, my party?— Yes.
8541 When I went to speak with Mr. O'Connor?— Yes.
8542 Do you remember we were being fired at?— I do.
8543 Who called attention to that?— I turned round and called the men to come in single file.
8544 You were therefore the first to speak?— Yes.
8545 Did I say this, “Scatter, men; do not keep in a body”?— Yes.
8546 Did you tell me at the time I landed at the platform that you thought one of them was away?– I am not certain whether I did or not; I believe I did.....
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