Royal Commission report day 25 page 8

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Story of the KellyGang - the Royal Commission Report

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The Royal Commission evidence for 2/6/1881

(full text transcription)

(see also introduction to day 25)

[[../../people/peD_G/gascoignePmc.html|Const Charles Gascoigne]] giving evidence

9686 Did you see Mr. O'Connor at that time?— I do not know; he may have been that man that went down the side of the fence.

9687 You know the position Mr. Hare took up first, on the first firing?— Yes.

9688 Is that almost in a line with the railway gates, crossing from one side to the other?— No, it is the wicket-gate nearest to the hotel.

9689 Between that and the hotel a little to the Benalla side?— A little to the right, almost straight to the front door.

9690 When did you next see Mr. O'Connor; you saw him at the railway station after you arrived?— No.

9691 Where did you first see him after you arrived at Glenrowan?— The first time I saw him after the train left Benalla was at Glenrowan, at eight o'clock in the day, with Mr. Sadleir.

9692 Where was he?— Standing by the railway fence, on Jones's side of the railway fence.

9693 Whereabouts?—[The witness indicated on the plan.]–Somewhere near the tree where I first saw Steele, but a little lower down; it was where the prisoners came out; he was just standing inside the fence.

9694 Did you hear Mr. Hare any anything after he was shot?— I heard him say, “O'Connor, place your boys and, for God's sake, do not let them escape.”

9695 Did you see what became of Mr. Hare after that?— I never saw him again.

9696 You saw Mr. O'Connor when?— About eight o'clock ; about when the prisoners came out.

9697 What prevented them from going up to the hotel at first?— The volleys fired from under the verandah, the corner posts.

9698 And then Mr. Hare gave orders to surround the building?— He gave no orders at all except what he said to O'Connor.

9699 Had you any orders during the day?— None from anybody after Mr. Hare left, except from Mr. Sadleir to shoot at the chimney.

9700 Had you any from any other members of the police?— I had orders from Senior-Constable Mullane to go and fire into the end of the building. I told him I had no ammunition, and he had a bag on his back and had plenty of ammunition, and I said, “If you give me some I will fire it.” He said, “No, go and get some.”

9701 Did Dwyer come with orders?— He came with a bottle of brandy, that was all.

9702 Did Kelly come to you with any orders?— None whatever.

9703 Did you see Constable Kelly after you told him you had found his hat?— I do not remember.

9704 In what direction was he going with the skull cap on?— He was coming from the front of the building through the culvert, right across the crossing. That was the first I saw of him that night before the fight

9705 Then after that where did he proceed to?— He went back again the way he came.

9706 Then he must, within the time you saw him, have walked back to the Wangaratta side of the hotel to be present about the time Ned Kelly was captured?— Yes, some way round that way.

9707 Are you of opinion that Ned Kelly got away when that horse escaped?— Yes.

9708 What constables were on that side?— I do not know.

9709 Are you aware there were any at all?— No.

9710 Did you not know the Wangaratta men came?— No. I do not know who came, excepting when the Benalla men came. I did not know the Wangaratta men came at all. I never saw any man to get orders from at all when Phillips left me. Constable Mullane was the first to come to me. He arrived with the Benalla train.

9711 What time was that?— It might be about six o'clock or a few minutes afterwards.

9712 It was quite possible for all the outlaws to have escaped at that time then if there was no one stationed round that side?— Well, they might have escaped by crawling away at one particular side, the back side–the Wangaratta back part....

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