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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="rc7807">[[#rc7807|7807]]</span> What position was he in on [[Glenrowan|the platform]], can you remember; did he go down amongst the horses or remain at a carriage door, or where?— At that time, understanding that the outlaws were about, I took up my position at the back as guard.

<span id="rc7808">[[#rc7808|7808]]</span> I do not mean that. I mean on the railway platform, where Mr. [[Hare|Hare]] stood on the platform when the horses were taken out. Was he standing near the first-class carriage door talking to me?— I cannot say.

<span id="rc7809">[[#rc7809|7809]]</span> Did you see me on the platform?— I fancy I did, but I cannot say positively.

<span id="rc7810">[[#rc7810|7810]]</span> You knew me by sight?— Yes, and expecting you were there I took it for granted that you were.

<span id="rc7811">[[#rc7811|7811]]</span> When [[Const Hugh Bracken|Bracken]] rushed down to the platform, do you remember distinctly seeing Mr. Hare?— No, the building was between where I was and where Mr. Hare was standing then. I was right at the back of the building.

<span id="rc7812">[[#rc7812|7812]]</span> Not the platform at all?— No, at the back on guard, looking out that we might not be surprised.

<span id="rc7813">[[#rc7813|7813]]</span> Then you saw nothing of the first rush from the railway station?— Yes, I did. I was round at the back and ran round to the front.

<span id="rc7814">[[#rc7814|7814]]</span> Where were you when Bracken gave the information?— Right at the back of the railway station.

<span id="rc7815">[[#rc7815|7815]]</span> What did you do then—did you come on to the platform then?— I came to the end of the platform. I was holding four or five horses, and I asked what to do with them, and [[SConst John Kelly|Senior-Constable Kelly]] said to let them go.

<span id="rc7816">[[#rc7816|7816]]</span> Did you see Mr. Hare then?— I cannot say I saw him. They were all pretty well jumbled together at that time, and the horses too.

<span id="rc7817">[[#rc7817|7817]]</span> When Constable Bracken gave the information, do you mean to state that Mr. Hare did not leave at once?— I cannot say that; there was no delay that I am aware of. I am certain of it.

7818 How long did it take for you to come from the back of the building and let go the horses and rush on?— About ten seconds.

7819 You did not see Mr. Hare then?— Yes; when I got clear of the building, I picked up with him.

7820 You state you did not see me?— No, I did not.

<span id="rc7821">[[#rc7821|7821]]</span> Did you see me at all during the day?— Not during the day.

7822 Not after you took up your position in the morning?— No.

7823 Did you hear my voice?— That I cannot say.

7824 Did you hear anybody challenge a woman?— I might have heard voices, but could not tell who.

7825 Did you hear anybody call out “Cease firing”?— I did.

7826 Did you recognize the voice?— Yes.

7827 Whose?— Gascoigne's and Mr. Hare's.

7828 From the first volley from the outlaws until the first engine left, could you make a guess at the time?— No, I could not.

7829 ''By the Commission''— Did you hear the engine leave?— Yes.

7830 ''By Mr. O'Connor''— Now could you not make a guess?— No.

<span id="rc7831">[[#rc7831|7831]]</span> ''By the Commission''— What position were you in at that time?— The west end of the building.

<span id="rc7832">[[#rc7832|7832]]</span> Were you on the road?— Yes, across the cleared road referred to. I was at the other side of that road—to the west position.

<span id="rc7833">[[#rc7833|7833]]</span> You had been there for some little time?— I was there after Mr. Hare's order, and remained there till the prisoners were let out. That was the first time I altered my position.

<span id="rc7834">[[#rc7834|7834]]</span> ''By Mr, O'Connor''— You have seen Glenrowan since the fight?— I have,

<span id="rc7835">[[#rc7835|7835]]</span> I suppose you remember there are no trees in the front portion of the house?— There are not.

<span id="rc7836">[[#rc7836|7836]]</span> I mean, if you had to take command of the front of the house, you would not be able to get a tree?— No, there are no trees.

<span id="rc7837">[[#rc7837|7837]]</span> In your position you had a tree, had you not?— Yes.....

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