Royal Commission report day 27 page 14

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The Royal Commission evidence for 8/6/1881

(full text transcription)

(see also introduction to day 27)

Mr Allen giving evidence

10859 How many times did you see him on the ground directing the men after his arrival?— I could not enumerate, but on nearly every occasion I was in the field I saw him somewhere; spoke to him perhaps by the station, and saw him farther off behind a tree occasionally during the most of the afternoon. He appeared to remain at the tree on the Benalla side of the hotel from where he subsequently directed the firing of the hotel.

10860 Then if any witnesses swear positively that Mr. Sadleir was in the railway place, smoking his pipe for the greater part of the day, that would be, in your opinion, incorrect?— Decidedly; it would be incorrect

10861 How long do you consider he remained with Ned Kelly?— I could not define any time any specific time. He was in with Kelly sometimes for half an hour and out again, and I think the greater portion of the time in the station was occupied by Sergeant Steele. I think Steele was in charge the greater portion of the afternoon, and did not leave, I think, for hours. I would have been better pleased if they had all been out in the field, because they prevented the reporters interviewing Kelly.

10862 By Mr. O'Connor— When the special train arrived at Benalla, during the interval we waited there did you hear for a fact that the lines had been taken up?— No.

10863 Do you think if such a statement had been made that you would have heard it?— I could not have escaped hearing it, because I was among all the policemen on the platform, and heard all the orders and everything that was going on. Of course there were a number of rumors talked about.

10864 But no facts?— No facts or any rumor of the line being pulled up.

10865 You state that upon arriving at Glenrowan you got out and saw a party of police start for the house—would you kindly show the position you were on the platform?— Yes. [The witness did so on the plan.]

10866 Then from your position there you were quite able to see everything that occurred as far as the men leaving for the front?— Yes.

10867 Did you take particular notice?— I did take particular notice of the start of the men.

10868 When Mr. Hare started, could you state positively who followed him next?— They were all very close up together; all very much excited, and with a good deal of flurry. I could not distinguish or state now which individual man was next to him. I know there was one constable remained some ten yards behind to find his rifle, which I happened to have, and he caught them before they got twenty yards away.

10869 Do you state that I left with Mr. Hare?— Yes, certainly, surrounded by your black trackers.

10870 You state shortly after starting you heard shots from the hotel?— Yes.

10871 Do I understand you mean to say that the party of police could not have got to this wicket gate, or you said near the drain, I think?— I think about to the drain.

10872 They could not have got to the fence?— No, I hardly think so; they were brought to a standstill by this fire. It seemed to take them by surprise.

10873 By the Commission— You said you could see the figures distinctly?— Yes.

10874 Were those figures inside or outside the railway fence when the first volley was fired from the hotel?— About the railway fence.

10875 Were they inside or outside?— I could not say for a yard or two.

10876 You said you could see the figures distinctly?— Yes.

10877 You could not be sure they were police?— Yes.

10878 You cannot say whether they were inside or outside the fence?— I think they were on the railway station side of the fence—you could not be positive.

10879 Ten witnesses have already sworn that Mr. Hare and other members of the police had passed through the gate?— I would not say they had not, they were there about.

10880 By Mr. O'Connor— Was there time, in your opinion, for the police to have got through the fence before they were first fired on?— I could not distinguish for a yard or two. The body of men showed themselves in that neighborhood about there within a yard or two. I cannot say whether I saw the fence then or not; it is impossible to say now whether they were on one side or the other.

10881 You state that when Mr. Hare was at the front you heard no orders given of any kind?— I might have heard the order of “cease firing,” I think I did.

10881a I want you to be particular about this. You stated before you did not think there were any orders, and if they had been given you would have heard them?— I could not be positive about that. I remember the order being given to cease firing and the order to fire high, but by whom or when, to half an hour, I cannot say.....

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