The Argus at KellyGang 19/5/1881 (2)
see previous
Const Barry giving evidence
He regarded the Martini carbine as the best sort of arms. He had never noticed any scarcity of arms and ammunition, but the police were required to be careful with ammunition. Witness had bought ammunition at his own expense for revolver practice. All the constables around the hotel at Glenrowan were doing the best they could in the absence of orders, and were moving about. Witness did not think that the police could have got near the chimneys at either end of the building with safety. There were no windows in the end walls, but the walls were riddled with bullets, and the outlaws could see through. Witness gave some evidence with regard to the cave party near the Byrnes' hut, and said that he communicated with Detective Ward when the existence of the party was made known to persons other than those engaged in it and the Sherritt family, and read his formal reports to the department on the subject. In his last report to the department he said that he did not believe that the existence of the party was known, though he had previously reported that he had reasons for believing that the party was known. He wrote the subsequent report as to the party not being known at Detective Ward's suggestion. Had he written solely on his own responsibility he would have reported again that he thought the party was known.
Mr Hare directed attention to a statement made at Benalla to the effect that he could not have fired after he was wounded in the left wrist. He then produced the gun which he had used, put the butt between his knees (holding his left hand behind his back) and with his right hand put in two cartridges, raised the gun to his shoulder, and discharged both barrels.
Mr O'Connor said that the question was not whether Mr Hare could fire the gun with one hand now, but whether he could do it and did do it when suffering from the pain and shock of the wound in his arm.
In reply to Mr Sadleir, Constable Barry said it was generally supposed the outlaws' horses were shod.
Mr Sadleir was proceeding to question witness as to his reasons for supposing the outlaws' horses were shod, when
Mr Fincham stated that Mr. Sadleir was badgering the witness.
Mr Sadleir warmly disclaimed any such intention.
Constable Barry continued, in answer to Mr Sadleir. - Had the detainees in Mrs Jones's hotel at Glenrowan come out, and called out who they were, the police would not have prevented them from leaving the place at any time. But they would not have been allowed to come out in a body. Was not at a loss for instructions during the day.
To Mr Hare. - Sherritt seemed to lose all interest in his work at the time of the second or Nicolson cave party. The outlaws fired 40 or 50 shots before Mr Hare left the ground. Heard Mr Hare call out “Cease firing," after Constable Gascoigne called out that there were women in the house. Heard Mr Hare ask Mr O'Connor to surround the house with his boys. Did not see Mr O'Connor, who was not on the hotel side of the railway gate.
To the Commission .- Saw the last shot from the hotel at about half-past 12 o'clock . The police were endangered by their own cross-firing. Was disappointed at not receiving instructions to regulate the firing during the day. Thought some steps should have been taken to prevent the police injuring themselves by crossfiring. Did not know there were any civilians in the house before they came out. Heard the screams of the women, but they escaped. Shots were fired by the police while they were escaping. They were crying out "Mercy."
To Mr O'Connor.- Was in the watch party under Mr Hare, near Mrs Byrne's house. There were 11 in the party. Police horses were put in Sherritt's paddock at that time. Sherritt was in the habit of telling lies. It was not a wise thing to put police horses into Sherritt's paddock, while a party was watching Mrs Byrne's house, in the same locality. Was one of several watch parties under Mr Hare.
Mr O'Connor.- You have heard Mr Hare has talked about the hardships he under- went, and his not sleeping in a tent. How did he sleep ?
Mr Fincham (to Mr O'Connor).- This does not affect your case. It is unfair to ask such questions.
Mr Hare. - They are directed against me.
Several members of the Commission expressed the opinion that each officer should confine his questions to his own individual case, the officers being there only to protect themselves.
Mr O'Connor. - I want to show that I underwent hardships as well as Mr Hare, who seems to claim all the honour and glory.
After further conversation, Mr Graves requested the acting chairman to inform the officers that they must confine themselves to questions affecting their own case.
Mr O'Connor, - I want to show that Mr Hare's statement is incorrect.
Mr Sadleir.- If the decision of the commission is to be adhered to, and it seems a proper one, some of the evidence already taken ought to be excised. For instance, there is Mr Carrington's letter, put in by Mr Hare, impugning my conduct. Mr Hare put that letter in without first showing it to me, as a friend and brother officer should. He could only have attempted, by putting it in, to throw discredit on me.
Mr Hare.- I will consent to the withdrawal of that letter from the evidence before it is finally printed.
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