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Royal Commission report day 21 page 21

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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="rc7838">[[#rc7838|7838]]</span> In your opinion, if you had to take command of the front of the building, would you have taken the position that I did—first of all, do you know my position?— I heard of it. I found empty cartridges there of a Snider rifle, and that showed where you were.

<span id="rc7839">[[#rc7839|7839]]</span> ''By the Commission''— Is the only knowledge you have of the position that Mr. [[O'Connor|O'Connor]] and the [[Police Trackers|black trackers]] held by seeing Snider shells or cartridges in the position they were said to be in?— I heard them singing out.

<span id="rc7840">[[#rc7840|7840]]</span> Who?— The boys.

<span id="rc7841">[[#rc7841|7841]]</span> What do you call “boys”?— The black trackers; so I knew they were in that direction, and then finding the cartridges after I came to that conclusion.

<span id="rc7842">[[#rc7842|7842]]</span> ''By Mr. O’Connor''— You are aware they were in different portions of the field, and were not altogether with me?— Not all; there was one with me.

<span id="rc7843">[[#rc7843|7843]]</span> You are not aware of your knowledge that the remainder were with me?— Not of my knowledge; simply hearing them and finding those empty cartridges.

<span id="rc7844">[[#rc7844|7844]]</span> Was there a great quantity?— A good quantity.

<span id="rc7845">[[#rc7845|7845]]</span> Taking for granted that that was the position I was in, do you consider it was a good position for commanding the front of the house to prevent the outlaws escaping?— It was not a good position to shoot; there were better positions than that.

<span id="rc7846">[[#rc7846|7846]]</span> Where would the better place have been in front of the house?— There is another drain between that and the house, and I believe that would have been a better position and quite as deep.

<span id="rc7847">[[#rc7847|7847]]</span> Is this an after consideration of yours, or at the time?— A few days afterwards I was round and came to that conclusion.

<span id="rc7848">[[#rc7848|7848]]</span> Were you aware of all about Glenrowan at the time of that fight—all those drains?— You could not help seeing them, and you were more likely to have seen the one I speak of, because it was nearer towards the house, and going towards it, while the other was going away from it.

<span id="rc7849">[[#rc7849|7849]]</span> You never heard I was in another position?— No, I did not. I heard some of the “boys” were under the culvert; I did not know what that meant.

<span id="rc7850">[[#rc7850|7850]]</span> You said the tracker Hero was near you at that time; did he show any cowardice?— No, not any; he was as plucky and cool as any man could be.

<span id="rc7851">[[#rc7851|7851]]</span> Did you see any of the others show cowardice?— I did.

<span id="rc7852">[[#rc7852|7852]]</span> Which?— [[Jacky|Jackey]].

<span id="rc7853">[[#rc7853|7853]]</span> When was that?— Just when he heard the Kellys were coming, when Bracken sung out that the Kellys were there, and he thought they were coming on to us constables. Constable [[Const William Canny|Canny]] handed tracker Jackey his gun to keep for him, while Canny was taking the horses out of the trucks. When word was passed for us to go forward, Constable Canny came for his gun, and I heard him ask Jackey for his gun, and Jackey could not speak with fear.

<span id="rc7854">[[#rc7854|7854]]</span> Why?— He was speechless with fear. That was the only instance I saw.

<span id="rc7855">[[#rc7855|7855]]</span> Did the man refuse to go forward, or hide himself anywhere?— I could not say that. I did not wait to see.

<span id="rc7856">[[#rc7856|7856]]</span> Because the man did not speak to you, that is your reason?— Yes, he could speak well enough; I feel quite certain he was really frightened.

<span id="rc7857">[[#rc7857|7857]]</span> ''By the Commission''— You did not notice where he got to afterwards?— No; he was singing out loud enough afterwards.

<span id="rc7858">[[#rc7858|7858]]</span> What?— For the outlaws to come out.

<span id="rc7859">[[#rc7859|7859]]</span> You said just now that the position Mr. O'Connor took up, in the cutting, was not the best one for firing from?— No, he could only hit the top of the verandah.

<span id="rc7860">[[#rc7860|7860]]</span> What was it best for?— For safety; for his own safety, for himself.

<span id="rc7861">[[#rc7861|7861]]</span> That would apply to all there?— Yes.

<span id="rc7862">[[#rc7862|7862]]</span> ''By Mr. O'Connor''— Was not the position behind the tree as safe?— Certainly it was, if he remained behind it.

<span id="rc7863">[[#rc7863|7863]]</span> Do you infer from that, that I made no use of my position?— No, not that; but I was in a better position to fire and retreat, when required, and my shots would take better effect than yours possibly could.....

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