Royal Commission report day 37 page 37
The Royal Commission evidence for 20/7/1881
(see also introduction to day 37)
SConst Patrick Mullane giving evidence
13727 There were all sorts of rumours?— Yes. The roof was fired at then after that.
13728 Did you form any judgment at the time as to the desirability of rushing, apart from your opinions formed since?— I did not think it desirable to rush the house at the time, because I did not see the benefit; because we had them there, and I did not see the benefit of sacrificing honest men for the sake of getting those men alive. I knew they could not get away with the number of police there.
13729 Was it desirable or not to get them before nightfall?— Yes.
13730 Did I express myself about that?— I heard some constables express the desire to rush the house, I think, once or twice, and your answer was that you would not give permission to rush the house yet.
13731 Did you hear what my reasons were?— I do not think you gave any reasons in my presence.
13732 Can you say whether the outlaws were called upon to surrender?— I can. They were called on to surrender repeatedly, even after the people came out of the house.
13733 In what terms?— To surrender—to come outside; and if they did they would not be shot. I think it was Constables Montiford and Armstrong . Armstrong repeatedly called out to them to come outside. He was between the house and the railway station.
13734 More in the front of the house than we were?— He was further towards the front.
13735 Did you mention the terms of the surrender at all?— I would not be certain with regard to the words used, but at all events they were called upon to surrender.
13736 You cannot say whether we offered their lives?— That of course was understood by every man in the place. I think it would be regular butchery if they were fired into after being asked to give themselves up.
13737 How long was the priest in the place?— He might be a minute, or five or six. He went in at one door, and went out at the other, through the house; and when he went out at the back, he said, “They are dead.”
13738 Would that take him more than twenty or thirty seconds?— I could not say exactly. It would take him more than a minute, at all events; in fact, from the state of the house, I think he went out for his own safety.
13739 You were standing beside me at the time he approached the house?— Yes. When the suggestion was made to fire the house, it was arranged to take the riflemen in front, to protect the man firing. Then those were to fire as fast as they could, when Johnson was advancing; and Superintendent Sadleir and myself, and somebody else, stood directly at the Benalla end, to protect Johnson , in case he was fired at by the outlaws. While that was taking place, the priest advanced from the road, with the intention of going in, and you called him back and you said something to him, but what it was I have forgotten now; but I think it was to prevent him from going in. Mrs. Skillian came at the same time, and she was ordered back at once, and was not allowed to advance. The priest then, after you told him, advanced again the second time, and went in through the door, and through the house, and came out through the back. When he advanced all the men advanced also close to the house, and, when he came out at the back, all rushed up. The body of Byrne was brought up.
13740 Were you and I amongst the men?— Yes; and Constable Glenny was one that helped to carry him out. A revolver fell as he was carried out. I think there was an objection made to firing the house at all, because Cherry was in the back, and it was a bark roof; and it was considered it would take fire, and the man might have been burned before he could have been removed.
13741 Who made that suggestion?— I was present when we were in conference, and then it was decided that the house being a zinc roof the fire would not extend so quickly, so that the man in the bask could be saved.
13742 Returning to the few moments before the priest entered the house—as he first came into sight—were we quite sure the fire had taken then?— Quite certain; the smoke had gone through the roof and we could see it.
13743 Was not there a little doubt before that?— Yes. You said to me it had not taken, and then the next intimation was the smoke getting through the roof, and then we knew it had taken.
13744 Can you understand any member of the police on duty for all that day, from the early morning, being ignorant of the presence of innocent persons in that house?— I could not understand it, and I would not believe it. We knew they were in the house before we left Beechworth. I think Mr. Hare ’s telegram stated so, or some telegram we received before we left Beechworth.
13745 By Detective Ward — You remember the day that the cave party was broken up?— Yes....
Previous page / Next page
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
The previous day / next day . . . Royal Commission index RC_index.html
