Royal Commission report day 22 page 26
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8651 Did Mr. O'Connor surround the house?— He did not.
8652 How many shots did you fire in the first engagement, have you any recollection?— I have not.
8653 About?— Ten or fifteen, I should say.
8654 Are you sure that you asked me for ammunition when I was returning the second time or the first time, when I was going back to the railway station the first time or after I had been wounded?— I am not certain which of the times.
8655 Do you remember saying anything to me at Benalla when you came to see me, after I was wounded, about Kirkham leaving his post?— I do.
8656 State what it was?— When I came, in company with Mr. Sadleir, I found Kirkham in the trench with Mr. O'Connor. I said, “Kirkham, what brought you here?” he said, “I came for ammunition.” I said, “You know well you cannot get ammunition there, and you have no right to leave your post.”
8657 Who was with Mr. O'Connor then?— Kirkham.
8658 And who else?— Two black trackers.
8659 That is four of them there?— Yes,.
8660 How many men had you surrounding the house at this time, or when you posted the men there?— They were all–five men and three trackers.
8661 Where was Kirkham's post on that morning, after the firing ceased, the first firing?— It was at the Benalla side of the house.
8662 Who was first posted the nearest to the front?— Gascoigne.
8663 Who was next?— Phillips, I think, was next to him.
8664 Who was next?—Kirkham.
8666 That was the post you gave him?— Yes.
8667 When you returned you found him in the drain with Mr. O'Connor?— I did.
8668 And what did you say to him?— I said, “Kirkham, what brought you here?” he said, “I came for ammunition.” I said, “You have no business to leave your post; you should stop where I put you.”
8669 How many men had you then surrounding the house when you placed Kirkham there?— Only five, with three black trackers; Sergeant Steele's party were not there then.
8670 Was it before or after the arrival of Mr Sadleir that you saw Kirkham with Mr. O'Connor?— In company with Mr. Sadleir.
8671 Is that the first time you saw him there?— That is the first time.
8672 By the Commission— How long after the first party went there did Mr. Sadleir arrive?— Mr. Sadleir arrived after five o'clock–between five and six.
8673 And the first party arrived, your party?— At about three o'clock, I think.
8674 Do you know when Kirkham left his post?— I do not.
8675 You say you found fault with him when Mr. Sadleir was there?— Yes.
8676 I thought you stated just now that Mr. Sadleir went up and spoke to Mr. O'Connor, and you went away?— The very minute I came up with Mr. Sadleir I spoke to Kirkham.
8677 Then you had some conversation with Kirkham?— Just the few words I am after speaking.
8678 And then ran away?— Then went away; Mr. Sadleir told me to go round.
Cross-examined by Mr. O'Connor.
8679 You stated that the special train arrived at Benalla about half-past one a.m. from Melbourne, and brought me up and my men?— I think it would be about half-past one or two; I am not certain. I did not look: at the time.
8680 You say also at this time they put the horses in?— Yes.
8681 Are not you aware that part of the horses were in the vans when the special arrived?— Yes, I remember now they were.
8682 Then that statement of yours is not correct?— It is an error.....
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