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Royal Commission report day 21 page 14

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Story of the KellyGang - the Royal Commission evidence

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== 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_7614">[[#rc7774_7614|7774.7614]]</span> Was not your duty perfectly understood, and by every man that he had to do the best could, first to keep the Kellys from escaping?— Yes, certainly.

<span id="rc7774_7615">[[#rc7774_7615|7774.7615]]</span> And the next duty to knock them over, if he had the chance?— Yes, certainly.

<span id="rc7774_7616">[[#rc7774_7616|7774.7616]]</span> Was there any need to give any man instructions to that effect?— No, not to that effect, certainly not.

<span id="rc7774_7617">[[#rc7774_7617|7774.7617]]</span> In the place where you were posted, had you as much communication with the other men— I mean at the other side where most movement was?— It was not very safe to move where I was.

<span id="rc7774_7618">[[#rc7774_7618|7774.7618]]</span> And you had the least chance to hear what was said and done?— Yes.

<span id="rc7774_7619">[[#rc7774_7619|7774.7619]]</span> When the order came to you to fire high, would you suppose it would come from anyone except some person superior to yourself?— I thought it would come from some of the officers.

<span id="rc7774_7620">[[#rc7774_7620|7774.7620]]</span> You said you would expect it to come from me—was that so?— Yes.

<span id="rc7774_7621">[[#rc7774_7621|7774.7621]]</span> You cannot sad when you first saw Constable Dwyer that day?— Not before half-past seven o'clock , as well as I recollect.

<span id="rc7774_7622">[[#rc7774_7622|7774.7622]]</span> On the other side from Gascoigne, what constables were there nearest to you?— At what time?

<span id="rc7774_7623">[[#rc7774_7623|7774.7623]]</span> Well, say from six o'clock ?— Constable [[Const Stillard|Stillard]], Senior-Constable [[Const Robert Austin Smyth|Smyth]]; Sergeant [[Whelan|Whelan]] lower down, not exactly between.

<span id="rc7774_7624">[[#rc7774_7624|7774.7624]]</span> ''By the Commission''— What do you mean by lower down?— Towards the house, south-west, nearer the gully, further away from the public-house.

<span id="rc7774_7625">[[#rc7774_7625|7774.7625]]</span> Further towards the railway line?— Yes, exactly.

<span id="rc7774_7626">[[#rc7774_7626|7774.7626]]</span> ''By Mr [[Sadleir|Sadleir]]'' — You do not remember Constable [[Const R Alexander|Alexa]][[Const A Alexander|nder]] being there?— Which one?

<span id="rc7774_7627">[[#rc7774_7627|7774.7627]]</span> Either of them?— No, I do not.

<span id="rc7774_7628">[[#rc7774_7628|7774.7628]]</span> You know them both?— Yes.

<span id="rc7774_7629">[[#rc7774_7629|7774.7629]]</span> What was the first time you saw me?— About two o'clock in the afternoon.

<span id="rc7774_7630">[[#rc7774_7630|7774.7630]]</span> I have asked you already—from your position you were not much in communication with the other men—could you see what was going on on the other side of the building?— No, I could not; and did not care about looking.

<span id="rc7774_7631">[[#rc7774_7631|7774.7631]]</span> I suppose the building interfered?— Yes, that was one reason, and the firing down was another.

<span id="rc7774_7632">[[#rc7774_7632|7774.7632]]</span> ''By the Commission''— From whom?— From the men at the other end of the house.

<span id="rc7774_7633">[[#rc7774_7633|7774.7633]]</span> Not from the hotel?— No.

<span id="rc7774_7634">[[#rc7774_7634|7774.7634]]</span> Do you mean the firing of your comrades?— Yes.

<span id="rc7774_7635">[[#rc7774_7635|7774.7635]]</span> ''By Mr. Sadleir''— Did you examine those chimneys since that day?— Yes.

<span id="rc7774_7636">[[#rc7774_7636|7774.7636]]</span> How many bullet marks do you think were in—take the one next the Benalla end?— I do not recollect the exact number. I have counted them, but I do not recollect. I know there were a few on the Benalla end; not many, perhaps four or five.

7774.7637-8 How many on the other?— I fancy there was scarcely up to twenty-five. I would not be certain.

''Mr. Sadleir'' — That is rather more than I expected, but I think there must have been between twenty-five and thirty. I think that is all I need ask.

<span id="rc7774_7639">[[#rc7774_7639|7774.7639]]</span> ''By the Commission''— As to the horses—you stated you were looking on the Warby Ranges for the tracks of horses?— Yes.

<span id="rc7774_7640">[[#rc7774_7640|7774.7640]]</span> When you are looking for a prisoner of any kind, would you not try and ascertain the appearance of the man you were looking for?— Certainly.

<span id="rc7774_7641">[[#rc7774_7641|7774.7641]]</span> Did you know the Kellys?— No.....

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