Royal Commission report day 22 page 22

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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

8547 I do not think you did?— I am not certain. I told you about the rifle, and I think I must have told you then that I thought one was away.

8548 Do you not call to mind whether you may not have seen me again in the course of about half an hour?— I do not.

8549 Can you be positive of that?— I cannot.

8550 Was not I in communication with you nearly all the day?— I did not see you after you went down to speak to Mr. O'Connor till I saw you upon the platform, when Ned Kelly was taken into the van.

8551 What time was that?— About seven o'clock.

8552 That was an hour later?— Yes, about that.

8553 And after that you saw me constantly?— Yes, constantly. You and I examined together all the prisoners that came out of the house, and you ordered me to take the two young McAuliffes in charge, when I told you who they were.

8554 Upon the platform, at seven o'clock, when I saw Ned Kelly, did you find any difficulty in minutes.

8555 Nor any man upon the ground?— No. I saw you once when the priest came to me about going into the house. I told him I could not give him any authority without seeing you.

8556 By the Commission— What time was that?— About three o'clock, when the house was going to be fired.

8557 By Mr. Sadleir — When an officer, a principal officer, takes charge of men, what would you think of his running about with his own messages?— I do not think it is the officer's place to run about.

8558 Did you ever see an officer running with his own messages–did you ever see such a thing?— No; he puts it through a non-commissioned officer.

8559 He takes a smart non-commissioned officer, or a smart constable, to take his messages?— Yes, always

8560 By the Commission— Would you expect to see an officer on a duty like that go round to visit his outposts to see that they were all right in position–is that a duty that he would put upon an orderly if he was surrounding a place–would you consider it his duty to visit his outposts, and see that they were upon the spot?

Mr. Sadleir — Certainly.

8561 By the Commission— I ask him?—(The Witness.)–Yes.

8562 Did you consider shat your duty?— I did.

8563 When you were in the position of command, the position of the highest man in the service in charge, did you consider it your duty to go round and see that your men were not shirking their duty?— I did consider it my duty.

8564 By Mr. Sadleir— Could I have any doubt about the manner in which the men were doing their duty that morning?— I did not. I never saw a man that did not do his duty then.

8565 By the Commission— Do you think it was a portion of Mr. Sadleir's duty to go round and see the outposts the same as you did?— I think it was, at least once, to see how they were posted.

8566 Did you consider it the duty of Mr. Sadleir to go round and visit the outposts after he arrived in the same way as you had previously done?— Yes.

8567 Do you consider it was your duty to do that?— Yes.

8568 Whoever came after you it would be his duty to do the same thing?— Yes.

8569 Whoever he may be, if it was an inspector or any one else?— Yes.

8570 By Mr. Sadleir— Can you say whether I did or not?— I cannot say.

8571 By the Commission— Did you see him?— I did not see him.

8572 By Mr. Sadleir— Was not moving about at the first a very difficult matter?— Yes, it was.

8573 Had not each man enough to do at his post to mind himself?— They were all under cover, and behind trees.....

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