Royal Commission report day 22 page 19
The Royal Commission evidence for 18/5/1881
(see also introduction to day 22)
SConst Kelly giving evidence
8453 You have one statement there in your report, where you say, “Moreover, there is no place at Greta at which I can live, except Mrs. O'Brien's public house. Her position respecting the Kellys is well known, and I should receive but little consideration from her.” What do you mean by “her position respecting the Kellys”?— I always took her to be a sympathizer.
8454 You know that the police are now stationed in her house?— Yes, I do.
8455 Then from that fact, and from your opinion, you consider it a very unwise step to place the police in the house of an enemy, you might say?— I think so.
8456 How did it become necessary to station the police in her house?— There are no quarters there, I believe.
8457 Were there any quarters there before that?— I do not think so.
8458 Do you recollect the time the Kellys were stated to have bought ammunition in Melbourne?— I heard about it.
8459 Do you recollect the time?— I do not.
8460 About that time do you remember reading in the papers and elsewhere that the Kellys brought ammunition?— I remember reading about it.
8461 Do you know that Mrs. O'Brien came up in the train in which they were supposed to be bringing ammunition; did you hear that?— I did not.
8462 Did you hear that Mr. Sadleir either searched or had her luggage searched, believing that she ammunition?— I did not hear. I was up in Hedi ten months.
8463 In going round to the police at Glenrowan, did you hear any of them volunteer to rush Mrs. Jones's hotel?— I did. There was Constable Armstrong, Constable Dixon; and Armstrong in particular spoke to me about it. I told Mr. Sadleir, and he said he did not see why he should sacrifice any man's life for the two ruffians inside.
8464 Did they explain to y on any plan-by which they would rush the house?— No, they did not,
8465 Then you are not in a position to say whether it was a practicable plan or not?— No.
8466 Have you any idea of your own about it?— Only just to rush right in–some men at the back and some at the front, and some were bound to get shot.
8467 Some of them would have been shot?— Yes.
8468 If you were left to your own free will would you have rushed the place?— I would, with the men.
8469 You are of the same opinion now, knowing all the circumstances. If the same was to be repeated you would take a part in the rush?— I would.
8470 What time of the day was that?— About two o'clock .
8471 In answering Mr. Hall's question, do you mean to say you would rush at any time during the day?— No, not when all the prisoners were in, but after they left it.
8472 Do you know that Cherry was wounded inside after the rest of the people were left?— I heard the prisoners say. I was with Mr. Sadleir when he questioned them, after they came out. And the two McCormacks and Delaneys we examined, the two of them, and they pointed out where those two were lying down.
8473 What two?— Dan Kelly and Steve Hart.
8474 The question I ask is: did the people detained by the Kellys, when they came out, tell you that Martin Cherry was lying wounded in the premises?— I believe they did, but I am not certain.
8475 Can you say whether your officer knew, from any information given him in your presence, that Martin Cherry was in the house and the outlaws?— I could not say, I heard he was in the back kitchen.
8476 Who told you that?— I do not know.
8477 At what time in the day did you hear that?— About two o'clock, I think.
8478 When you heard he was in the back kitchen, did you hear whether he was wounded or not?— I did not.
8479 Here is your evidence, Mr. Gaunson examining–is this correct, “I asked Mr. O'Connor”— is that your signature?— Yes.
8480 “I asked Mr. O'Connor if he would come round out of the ditch; he did not do so, he remained in the ditch.” Is that correct?— That is correct.....
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