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Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 21 page 6|previous page]] / [[Royal Commission report day 21 page 8|next page]]
== The Royal Commission evidence for 17/5/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 17/5/1881|day 21]])
'''Const [[Const Daniel Barry|Barry]] giving evidence'''
<span id="rc7774_7427">[[#rc7774_7427|7774.7427]]</span> Did you never receive any order from an officer as to firing?— I received an order from Mr. [[Hare|Hare]] before reaching [[Glenrowan|Glenrowan]], in the train, and another order from Senior-Constable [[SConst P Mullane|Mullane]] when setting fire to the house
<span id="rc7774_7428">[[#rc7774_7428|7774.7428]]</span> Was the same order given to everyone else that was given to you?— There were but three of us in the train, and the three heard it.
<span id="rc7774_7429">[[#rc7774_7429|7774.7429]]</span> That applied to the rest as well as to yourself?— Yes.
<span id="rc7774_7430">[[#rc7774_7430|7774.7430]]</span> You do not know whether there was a general order given to the remainder of the men?— Mr. Hare's party? We always understood each other. It was scarcely necessary to give the order.
<span id="rc7774_7431">[[#rc7774_7431|7774.7431]]</span> Was there a different order under Mr. Sadleir?— I was not ever out with him.
<span id="rc7774_7432">[[#rc7774_7432|7774.7432]]</span> Did you get an order from any other person as to firing?— No.
<span id="rc7774_7433">[[#rc7774_7433|7774.7433]]</span> Who gave the order to fire high? — I presume it came from an officer.
<span id="rc7774_7434">[[#rc7774_7434|7774.7434]]</span> Do you know it did?— No.
<span id="rc7774_7435">[[#rc7774_7435|7774.7435]]</span> Then how do you account for there being any men who did not fire at all?— It meant if they were to fire at all they were to fire high.
''Mr. Sadleir'' — That was the meaning no doubt.
''The Witness'' — I did not fire myself when that order was given.
<span id="rc7774_7436">[[#rc7774_7436|7774.7436]]</span> ''By the Commission''— When the order came to fire high, did you consider that was an order for you to commence firing at once?— No; if we were firing all round at once, someone was bound to be shot.
<span id="rc7774_7437">[[#rc7774_7437|7774.7437]]</span> If the order was not to fire until you were fired on, would you consider that a general order?— Yes, when I got it from an officer himself.
<span id="rc7774_7438">[[#rc7774_7438|7774.7438]]</span> What did you understand by firing high—how high?— At least perhaps six feet; not lower than that.
<span id="rc7774_7439">[[#rc7774_7439|7774.7439]]</span> What would be the object of that?— There was something said about some of them being up in the roof. I heard that said.
<span id="rc7774_7440">[[#rc7774_7440|7774.7440]]</span> Were many shots fired at the roof?— The roof was riddled pretty well.
<span id="rc7774_7441">[[#rc7774_7441|7774.7441]]</span> Did all the constables that had rifles fire, so far as you know?— So far as I know, they all did, one time or another.
<span id="rc7774_7442">[[#rc7774_7442|7774.7442]]</span> The ones with shot guns?— Those were the only ones that did not.
<span id="rc7774_7443">[[#rc7774_7443|7774.7443]]</span> Can you say who gave the order to fire high?— No.
<span id="rc7774_7444">[[#rc7774_7444|7774.7444]]</span> Can you say from your own knowledge that it was an officer's order?— No.
<span id="rc7774_7445">[[#rc7774_7445|7774.7445]]</span> Did you know what the meaning of that order to fire high was?— No.
<span id="rc7774_7446">[[#rc7774_7446|7774.7446]]</span> Am I to infer you did not know whether it was to fire not to hurt the prisoners, or to fire high to hit the outlaws in the roof?— I thought it might be for our own safety, being all round the place, and also the outlaws perched on the roof.
<span id="rc7774_7447">[[#rc7774_7447|7774.7447]]</span> If all the party round the house fired a volley at once, is there a probability that the men in front would hurt the men in the rear?— It is very likely they would, as they would be exposed in firing.
<span id="rc7774_7448">[[#rc7774_7448|7774.7448]]</span> Do you know whether any of the Martini-Henry bullets went through the house from side to side?— I believe so.
<span id="rc7774_7449">[[#rc7774_7449|7774.7449]]</span> Have you carried a short Martini-Henry during all the time you were on service there?— Not all the time.
<span id="rc7774_7450">[[#rc7774_7450|7774.7450]]</span> Is it your opinion it is an effective weapon?— Yes.
<span id="rc7774_7451">[[#rc7774_7451|7774.7451]]</span> You have seen the Spencer and Martini-Henry rifles?— Yes, and used them.
<span id="rc7774_7452">[[#rc7774_7452|7774.7452]]</span> And a double-barrelled shot gun?— Yes.
<span id="rc7774_7453">[[#rc7774_7453|7774.7453]]</span> In your opinion, which is the most effective weapon of that lot?— The Martini carbine.
<span id="rc7774_7454">[[#rc7774_7454|7774.7454]]</span> Have you heard your brother constables who were out with search parties say that was the most efficient weapon?— They have expressed themselves in that way.
<span id="rc7774_7455">[[#rc7774_7455|7774.7455]]</span> As effective as a long Martini-Henry, and the long is more inconvenient to carry; is that the reason?— The carbines were not up there very long, but I speak from my experience. It is more convenient to carry shall the long one.
<span id="rc7774_7456">[[#rc7774_7456|7774.7456]]</span> Are you aware that there were a large number of those short carbines in the possession of the Government of this colony?— I am not aware. I have heard the Artillery Corps had them....
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[[Royal Commission report day 21 page 6|previous page]] / [[Royal Commission report day 21 page 8|next page]]
== The Royal Commission evidence for 17/5/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 17/5/1881|day 21]])
'''Const [[Const Daniel Barry|Barry]] giving evidence'''
<span id="rc7774_7427">[[#rc7774_7427|7774.7427]]</span> Did you never receive any order from an officer as to firing?— I received an order from Mr. [[Hare|Hare]] before reaching [[Glenrowan|Glenrowan]], in the train, and another order from Senior-Constable [[SConst P Mullane|Mullane]] when setting fire to the house
<span id="rc7774_7428">[[#rc7774_7428|7774.7428]]</span> Was the same order given to everyone else that was given to you?— There were but three of us in the train, and the three heard it.
<span id="rc7774_7429">[[#rc7774_7429|7774.7429]]</span> That applied to the rest as well as to yourself?— Yes.
<span id="rc7774_7430">[[#rc7774_7430|7774.7430]]</span> You do not know whether there was a general order given to the remainder of the men?— Mr. Hare's party? We always understood each other. It was scarcely necessary to give the order.
<span id="rc7774_7431">[[#rc7774_7431|7774.7431]]</span> Was there a different order under Mr. Sadleir?— I was not ever out with him.
<span id="rc7774_7432">[[#rc7774_7432|7774.7432]]</span> Did you get an order from any other person as to firing?— No.
<span id="rc7774_7433">[[#rc7774_7433|7774.7433]]</span> Who gave the order to fire high? — I presume it came from an officer.
<span id="rc7774_7434">[[#rc7774_7434|7774.7434]]</span> Do you know it did?— No.
<span id="rc7774_7435">[[#rc7774_7435|7774.7435]]</span> Then how do you account for there being any men who did not fire at all?— It meant if they were to fire at all they were to fire high.
''Mr. Sadleir'' — That was the meaning no doubt.
''The Witness'' — I did not fire myself when that order was given.
<span id="rc7774_7436">[[#rc7774_7436|7774.7436]]</span> ''By the Commission''— When the order came to fire high, did you consider that was an order for you to commence firing at once?— No; if we were firing all round at once, someone was bound to be shot.
<span id="rc7774_7437">[[#rc7774_7437|7774.7437]]</span> If the order was not to fire until you were fired on, would you consider that a general order?— Yes, when I got it from an officer himself.
<span id="rc7774_7438">[[#rc7774_7438|7774.7438]]</span> What did you understand by firing high—how high?— At least perhaps six feet; not lower than that.
<span id="rc7774_7439">[[#rc7774_7439|7774.7439]]</span> What would be the object of that?— There was something said about some of them being up in the roof. I heard that said.
<span id="rc7774_7440">[[#rc7774_7440|7774.7440]]</span> Were many shots fired at the roof?— The roof was riddled pretty well.
<span id="rc7774_7441">[[#rc7774_7441|7774.7441]]</span> Did all the constables that had rifles fire, so far as you know?— So far as I know, they all did, one time or another.
<span id="rc7774_7442">[[#rc7774_7442|7774.7442]]</span> The ones with shot guns?— Those were the only ones that did not.
<span id="rc7774_7443">[[#rc7774_7443|7774.7443]]</span> Can you say who gave the order to fire high?— No.
<span id="rc7774_7444">[[#rc7774_7444|7774.7444]]</span> Can you say from your own knowledge that it was an officer's order?— No.
<span id="rc7774_7445">[[#rc7774_7445|7774.7445]]</span> Did you know what the meaning of that order to fire high was?— No.
<span id="rc7774_7446">[[#rc7774_7446|7774.7446]]</span> Am I to infer you did not know whether it was to fire not to hurt the prisoners, or to fire high to hit the outlaws in the roof?— I thought it might be for our own safety, being all round the place, and also the outlaws perched on the roof.
<span id="rc7774_7447">[[#rc7774_7447|7774.7447]]</span> If all the party round the house fired a volley at once, is there a probability that the men in front would hurt the men in the rear?— It is very likely they would, as they would be exposed in firing.
<span id="rc7774_7448">[[#rc7774_7448|7774.7448]]</span> Do you know whether any of the Martini-Henry bullets went through the house from side to side?— I believe so.
<span id="rc7774_7449">[[#rc7774_7449|7774.7449]]</span> Have you carried a short Martini-Henry during all the time you were on service there?— Not all the time.
<span id="rc7774_7450">[[#rc7774_7450|7774.7450]]</span> Is it your opinion it is an effective weapon?— Yes.
<span id="rc7774_7451">[[#rc7774_7451|7774.7451]]</span> You have seen the Spencer and Martini-Henry rifles?— Yes, and used them.
<span id="rc7774_7452">[[#rc7774_7452|7774.7452]]</span> And a double-barrelled shot gun?— Yes.
<span id="rc7774_7453">[[#rc7774_7453|7774.7453]]</span> In your opinion, which is the most effective weapon of that lot?— The Martini carbine.
<span id="rc7774_7454">[[#rc7774_7454|7774.7454]]</span> Have you heard your brother constables who were out with search parties say that was the most efficient weapon?— They have expressed themselves in that way.
<span id="rc7774_7455">[[#rc7774_7455|7774.7455]]</span> As effective as a long Martini-Henry, and the long is more inconvenient to carry; is that the reason?— The carbines were not up there very long, but I speak from my experience. It is more convenient to carry shall the long one.
<span id="rc7774_7456">[[#rc7774_7456|7774.7456]]</span> Are you aware that there were a large number of those short carbines in the possession of the Government of this colony?— I am not aware. I have heard the Artillery Corps had them....
=== Previous page / Next page ===
<br />
{{MicroficheCopy}}<br />
'''The [[Royal Commission report day 20 page 1|previous day]] / [[Royal Commission report day 22 page 1|next day]] .. . Royal Commission [[Royal Commission Index|index]]'''
[[Category:Royal Commission]] [[Category:September 1517]] [[Category:Royal Commission]] [[Category:Commisioner Standish]] [[Category:history]]
MediaWiki:Sidebar
{{^|Original page location \documents\RoyalCommission\RC810517_21_07_7774_7427.html}}
