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Royal Commission report day 20 page 4

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 14/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 14/5/1881|day 20]])

'''Const [[Const William Canny|Canny]] further examined'''

<span id="rc7468">[[#rc7468|7468]]</span> You stated that you received no orders from Mr. O'Connor—that he gave you none?— Yes.

<span id="rc7469">[[#rc7469|7469]]</span> And that you did not consider him, as far as you were concerned, as your officer in command of you?— Yes.

<span id="rc7470">[[#rc7470|7470]]</span> Did you receive any orders after Mr. Hare left the ground from any one—any person you considered your officer?— No, I did not.

<span id="rc7471">[[#rc7471|7471]]</span> Did you receive any orders from Senior-constable Kelly?— No.

<span id="rc7472">[[#rc7472|7472]]</span> Did you see him?— No, I heard him speak.

<span id="rc7473">[[#rc7473|7473]]</span> From what position?— From the back of the house, towards where the present shed is standing.

<span id="rc7474">[[#rc7474|7474]]</span> About what time was it you heard him speaking?— About four o'clock .

<span id="rc7475">[[#rc7475|7475]]</span> That was before Mr. Sadleir came?— Yes, that was before Mr. Sadleir came.

<span id="rc7476">[[#rc7476|7476]]</span> Did you know from the position you were standing that Gascoigne was over in the position you saw him go to after Mr. Hare was wounded?— Yes. I would not be positive it was Gascoigne , but I knew there was a man there.

<span id="rc7477">[[#rc7477|7477]]</span> Was Kirkham there?— He was on that side.

<span id="rc7478">[[#rc7478|7478]]</span> What other men were of your party?— Constable [[Const W Phillips|Phillips]].

<span id="rc7479">[[#rc7479|7479]]</span> On the Benalla end?— Yes.

<span id="rc7480">[[#rc7480|7480]]</span> And Senior-constable [[SConst John Kelly|Kelly]]?— He placed those men there; I heard him say so, I do not know.

<span id="rc7481">[[#rc7481|7481]]</span> You did not see him place them?— No.

<span id="rc7482">[[#rc7482|7482]]</span> Did you receive any ammunition?— No.

<span id="rc7483">[[#rc7483|7483]]</span> Or any orders from any one?— Not till Mr. [[Sadleir|Sadleir]]'s party arrived.

<span id="rc7484">[[#rc7484|7484]]</span> Was it understood among the police that they were to surround the house—the last order of Mr. Hare—and that was all your duty till somebody came to relieve you from your position?— Yes, that was it; and that is what I did.

<span id="rc7485">[[#rc7485|7485]]</span> Would it be correct to say that any men went round and round, in your opinion?— I believe Senior-constable Kelly went round.

<span id="rc7486">[[#rc7486|7486]]</span> Did you see him?— No.

<span id="rc7487">[[#rc7487|7487]]</span> Did he come round to you?— No.

<span id="rc7488">[[#rc7488|7488]]</span> You said you received no orders from Mr. O'Connor, and you were within fifteen yards of him—did you hear him giving any orders to the black trackers that were with him under his command?— I did not hear him give an order. I heard him speaking. I could not tell what he said. It sounded a hollow sound, as if down in a hole.

<span id="rc7489">[[#rc7489|7489]]</span> Could it be for particular action as to how they were to fire?— It might have been.

<span id="rc7490">[[#rc7490|7490]]</span> Would you say it was hot?— No.

<span id="rc7491">[[#rc7491|7491]]</span> You remained in that position, and all the men, until after Mr. Sadleir took charge of the party?— Yes.

<span id="rc7492">[[#rc7492|7492]]</span> Who moved you from your position first—did you move by any orders?— Not till the prisoners

<span id="rc7493">[[#rc7493|7493]]</span> Who moved you?— I moved myself.

<span id="rc7494">[[#rc7494|7494]]</span> When did you get the first instructions?— When we fetched the prisoners. Mr. Sadleir gave the orders.

<span id="rc7495">[[#rc7495|7495]]</span> Who fetched the prisoners?— Constables [[Const Robert Graham|Graham]] and [[Const Arthur|Arthur]], and others.

<span id="rc7496">[[#rc7496|7496]]</span> Then you went on with those prisoners to Mr. Sadleir; what was that for—was it for the purpose of examining the prisoners, to see the outlaws were not amongst them?— No; not to see that the outlaws were amongst them.

<span id="rc7497">[[#rc7497|7497]]</span> What?— I believe that there were a lot of sympathizers amongst them—supposed to be— and I believe Mr. Sadleir wanted to retain some of those.....

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