Royal Commission report day 30 page 12
The Royal Commission evidence for 15/6/1881
(see also introduction to day 30)
[[../../people/peN_P/oconnorPinsp.html|'Insp Stanhope O'Connor]] ' giving evidence
11808 He gave us that in evidence to-day?— Yes, I have no wish to run Mr. Hare down in any way —that is no wish of mine. If Mr. Hare had simply stated—given credit where it was due, stated I had helped him and assisted him instead of writing the report as he did, I should never have called for an enquiry. I never wanted such a thing, and I am only stating what I saw actually with my own eyes. I wish to hand in this letter dated 8th June, it ought to be 8th July. It is from Constable Kirkham.—[Reading the same as follows:]— “Benalla, 8th June 1880.—Sir—If there is any investigation, will you be up? Steele has called Constable Kelly everything. Steele says Arthur ran away. Kelly says he was surprised to find me in the trench with you, he wants to know why Riordan or that man that passed out when the girls passed out was not challenged. I say he was challenged by you both times and by me also the second time he passed out. He has talked about me running away, I don't know what from. Sir, can you let me know when you sail, as I shall have to borrow money off Ryan to return what you so kindly lent me, if you are returning before next pay is due to me. I have sent Ensign article in Mr. Nicolson's favour. The jealousy and slander here is something frightful; according to Kelly, Arthur and I will catch it at the investigation, there boys are tall and slender, and three say they are Barney's Brothers; please forgive the liberty I have taken in writing. (Signed) T. KIRKHAM, Const. 2986.”—I may state it was at Glenrowan the man Kirkham wanted some money, and I gave him a five-pound note—the only change I had. I left the day after Glenrowan for Melbourne , and the constable wrote me this letter. I replied—told him to keep the five pounds and buy something in memory of my sojourn in Benalla, and asked him if he had seen my statement in the Argus and if he thought it was the correct one. He replied by letter that it was the correct statement of all others that he had seen. Again, upon coming from Brisbane, in passing Benalla I met Constable Kirkham, and he came up to the carriage window and shook hands with me, and informed me that everybody was doing their best to depreciate my services and were so — jealous, and that Senior-Constable Kelly wanted to take the credit for doing everything—All that is in reference to this letter.
11809 Then you have made further statements here. “Again, his statement is untrue when he states he saw me running up a drain, as I did not take cover for fully ten minutes after Mr. Hare disappeared”?— I will not swear to ten minutes, but it was after Mr. Hare left the front before I took cover.
11810 You have heard the evidence of others, will you still say you considered yourself the officer in command?— I do not now consider it. After you read me out the regulation, certainly I did not. I know I could not have been an officer in the force at any time, but I was under the impression that when I came over, all arrangements had been made and that I was recognised. I never heard it cavilled at. I never heard a soul say or hint such a thing that I was not at that time. At Glenrowan I did consider I was an officer.
11811 That was between the time Mr. Hare left and Mr. Sadleir arrived?— I considered I was the officer in charge.
11812 The sworn statements of several witnesses there say they did not consider you were in charge at all. Did you do anything whatever during that time to show that you were in charge?— I will tell you more fully than is made clear in my evidence what happened during that short period. The moment I could collect my ideas after the first firing, I told the men to take cover. I gave the order to cease firing. I ordered the women to come out, and as they passed up challenged them. I then thought there was nobody else except the outlaws in the hotel. My idea was to wait until daylight before any steps had been taken, and I looked round for the most suitable place, to command the front of the house. I looked out for the position that would be safe, and the place where I could command the front of the house. Senior-constable Kelly came to me immediately after—after the first firing, and he conferred, if you would call it so, as I considered he was the second in command. We talked about what was the best thing to be done, and he said, “I will go round to the rear,” and I said, “I will remain in the front.” I deny most emphatically his statement that he asked me to go and place the men with him. He said, “I will go round to the back and put some men there,” and I said, “I will remain here, it is a good place and I can command the front of the house.” We conferred like that. When he came the second time, and said about finding the gun he said, “My God, O'Connor, I believe one of the outlaws have got away;” and my reply was, “I will swear they have not got out of the front, not a living man has got out of the front without my seeing,” and I said, “Kelly, you ought to have remained at your post at the rear.” That was my idea of taking charge of both sides of the house. I have been blamed for not taking a more active part, but I did not think there was anything more to be done than guarding the front and rear. I understood Kelly was at the rear, and I was at the front, and I considered it was quite sufficient to keep those places until daylight.
11813 Then you swear that Mr. Hare did not give any command at all before he left?— In my hearing. I never heard him speaking except in an undertone, about as loud as I am talking now, to somebody behind—it may have been to Senior-Constable Kelly. He may have been giving him commands, but I did not hear him.
11814 You did not hear him telling you to get the house surrounded?— Certainly not. My men were not together—my men were separated among the police. I was just a unit amongst them myself. We were all scattered all round the front. By the evidence you would think I had my five men in a heap, and he asked me to spread them out. It was nothing of the kind, I was by myself.....
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