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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'''

[[#rc7774_7741|7774.7741]] Did you take those orders as coming from me?— I understood you were there, and I expected they came from you.

[[#rc7774_7742|7774.7742]] ''By the Commission. —''Did you receive any orders to fire low, as the Kellys were supposed to be crouching in the chimney?— No.

[[#rc7774_7743|7774.7743]] Would you have taken any different steps to capture the two outlaws remaining in the hotel than were adopted on that day?— I could not think of any better.

[[#rc7774_7744|7774.7744]] Did it strike you there that day that some other course should be adopted different to your being placed in a position where you had to protect yourself against a portion of the fire of the police on the other side of the hotel?— Yes, I did.

[[#rc7774_7745|7774.7745]] Were any orders given to your knowledge that the police on one side were to fire while the others remained under cover?— I never heard of any.

[[#rc7774_7746|7774.7746]] Under ordinary circumstances, do you not think that the officer in charge ought to have made that a portion of his special duty?— Certainly I do.

[[#rc7774_7747|7774.7747]] Did you know there were a lot of civilians at this particular time in the house?— No,

[[#rc7774_7748|7774.7748]] When did you know they were there?— When they came out.

[[#rc7774_7749|7774.7749]] Did you not see Mr. [[Neil McHugh|McHugh]] bringing out the wounded child?— I heard him speaking to [[Gascoigne|Gascoigne]] a little distance away —I heard him giving his name; and Gascoigne covered him with his rifle, and got his name,

[[#rc7774_7750|7774.7750]] With the wounded child?— Yes.

[[#rc7774_7751|7774.7751]] Was the order sent round to fire high because the civilians were in the house?— No; I never heard it said on that account.

[[#rc7774_7752|7774.7752]] You were not aware you were likely to shoot the civilians while you were firing in?— No; only those I wanted to shoot.

[[#rc7774_7753|7774.7753]] It was stated at Glenrowan that when the civilians came out they were fired at by police, and had to go back—did you see that?— No; I was not aware of that.

[[#rc7774_7754|7774.7754]] Do you know where Sergeant [[Steele|Steele]] was stationed?— Yes; that was the east end.

[[#rc7774_7755|7774.7755]] Immediately opposite from where you were standing?— Yes.

[[#rc7774_7756|7774.7756]] You did not see anything of the white handkerchief being held out the window?— No, I did not.

[[#rc7774_7757|7774.7757]] There was nothing to indicate to you that there were prisoners in the house?— Nothing whatever.

[[#rc7774_7758|7774.7758]] Until they came out?— Until they came out.

[[#rc7774_7759|7774.7759]] No word passed round to that effect?— No.

[[#rc7774_7760|7774.7760]] No screams from women?— That was when they were away.

[[#rc7774_7761|7774.7761]] Did you hear any shots fired while they were escaping?— Yes.

[[#rc7774_7762|7774.7762]] From whom?— From the police outside, if there were shots being fired then.

[[#rc7774_7763|7774.7763]] Did you hear any cries from the women at the time?— They were singing out all the time.

[[#rc7774_7764|7774.7764]] Calling out for mercy?— No, I could not say what they said. They were crying and screaming the greater part of the time, perhaps half an hour altogether or longer.

[[#rc7774_7765|7774.7765]] At what time?— As soon as the firing cessed; they escaped very soon after.

[[#rc7774_7766|7774.7766]] Besides bearing Constable Gascoigne saying women were present, and Mr. Hare's orders, you were perfectly sure from your own knowledge, that there were women there from their screeching?— Yes.

[[#rc7774_7767|7774.7767]] Did you communicate that to any men that came round; did you communicate that to [[SConst John Kelly|Senior-Constable Kelly]]?— I am certain I did not, but he must have heard it better than I did.

[[#rc7774_7768|7774.7768]] The women you heard did not return to the house?— No, we heard their voices going away towards the railway platform. After they left I considered there was no one in the house to shoot but the outlaws.

[[#rc7774_7769|7774.7769]] Were you not covered by the tree from the shooting of your comrades?— Yes, when I remained behind it.

[[#rc7774_7770|7774.7770]] Did you make known to any of your superiors that you were in danger from the firing of your comrades?— There was none to make it known to.

[[#rc7774_7771|7774.7771]] Was not Senior-Constable Kelly near you?— No.

[[#rc7774_7772|7774.7772]] Was there anyone in higher rank than you are?— When they fired a shot we kept singing out, “Who fired that shot,” and telling them to shoot in a different direction. The shots were whistling in the timber by us.

[[#rc7774_7773|7774.7773]] Was it s fact the shots were endangering you—that the shots of the comrades were more dangerous than those of the outlaws?— Yes; and the particular time I allude to is immediately after the prisoners rushed out of the house. There was a long volley fired then, without any warning, I heard myself; and I was for some time myself in a very awkward position.

[[#rc7774_7774|7774.7774]] Could you not have removed from where you were?— No, not after the firing commenced, that particular volley.....

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