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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'''

[[#rc7864|7864]] Were you with me?— No.

[[#rc7865|7865]] How can you come to that conclusion?— What conclusion?

[[#rc7866|7866]] That my place was not a good place to cover the house?— Because the level of this drain was far lower than the embankment, even with the men standing.

[[#rc7867|7867]] Do you mean that the surface of the ground was much higher than the bottom of the drain?— Yes.

[[#rc7868|7868]] Of course it was; it would not be a drain unless it was. But do you mean to say it was over my head and I could not fire?— Not quite over your head.

[[#rc7869|7869]] Can you state how high it was?— It was a sloping embankment; I believe the highest part would be very near seven feet—over your head probably—but you could see the top of the verandah I looking over.

[[#rc7870|7870]] ''By the Commission''— Where do you refer to—the drain nearest the railway line?— Yes; running parallel with that.

[[#rc7871|7871]] Within the fence or without?— Within the railway reserve.

[[#rc7872|7872]] In point of fact, the drain running nearest to the culvert towards the station house?— Yes.

[[#rc7873|7873]] ''By Mr. [[O'Connor|O'Connor]]'' — Did you go into that drain afterwards?— I did.

[[#rc7874|7874]] How many days after?— Two or three days afterwards.

[[#rc7875|7875]] And you think it was seven feet?— To the highest part of it.

[[#rc7876|7876]] ''By the Commission''— Is that from the lowest part of the drain to the surface of the ground seven feet?— Yes.

[[#rc7877|7877]] But there were sides of the drain where it -would not have been so deep from the surface — where the men could stand?— Yes, but that was some distance up, nearer the railway station.

[[#rc7878|7878]] But from the culvert there, and up and down there at that drain, there are places on both sides where a man could stand without going into the lowest possIsle portion of it?— There may be.

[[#rc7879|7879]] ''By Mr.'' ''O'Connor'' — The Commission saw the position, and it is after many months' floods, and it was much shallower at that time than it is at the present time. ( ''to the witness'')—If you could fire from the drain, and if you could see to the level of the ground of the house, would it be a good place?— Certainly it would have been a very good place.

[[#rc7880|7880]] ''By the Commission''— For what?— For guarding the front of the house and preventing the outlaws getting away.

[[#rc7881|7881]] Would not the fence be an obstruction?— Not much; I believe that portion of the fence is wire pretty well.

[[#rc7882|7882]] The top rail is not?— That is not much to prevent the shot from the low level.

[[#rc7883|7883]] Would not that rail come in the line of fire from the position indicated?— It depends upon where you stand, certainly several bullets went through it.

[[#rc7884|7884]] ''By Mr. O'Connor''— It is only about six inches wide—how long after the firing commenced was it that Mr. Sadleir arrived on the ground?— I cannot say. I did not see him.

[[#rc7885|7885]] I mean on that day?— I heard and saw in the papers the different times that different parties arrived.

[[#rc7886|7886]] 1 mean on that day; did any of the men tell you Mr.[[Sadleir|Sadleir]] had arrived at such a time?— They must have. I understood he came there with the Benalla party.

[[#rc7887|7887]] What time would that be?— As soon as daylight, half-past seven or eight o'clock .

[[#rc7888|7888]] Can you form an opinion as to how long elapsed before they arrived after Mr. Hare left?— No, I cannot.

[[#rc7889|7889]] Did you see Mr. Hare, after he was wounded, sit down on a log?— No, I did not.

[[#rc7890|7890]] If he had done so would you have been bound to see him?— I think I would have seen him, I heard his voice but I did not pay much heed. He was not very far away from where I was; he may have sat down.

[[#rc7891|7891]] Did any man tell you during the morning that Mr. [[Hare|Hare]] had gone down to [[Benalla|Benalla]]?— Yes, I heard that.

[[#rc7892|7892]] What man—can you form any idea?— No.

[[#rc7893|7893]] Was it before Mr. Sadleir arrived?— Yes, I think so.

[[#rc7894|7894]] By Mr. Nicolson—Do you remember coming up to Benalla first?— Yes.

[[#rc7895|7895]] Had you long joined the force then?— Not very long; I had been three years and a half in the service at that time.

[[#rc7896|7896]] Which was the first [[Police Search Parties|search party]] you went out with?— Under Senior-Constable [[SConst Flood|Flood]], in the direction of [[Greta|Greta]].

[[#rc7897|7897]] Was that the one with me?— Yes.

[[#rc7898|7898]] You mentioned just now about the camping?— I have done so.

[[#rc7899|7899]] Do you recollect the first time we camped at a place named Rushall?— I did not know the name.

[[#rc7900|7900]] That place by [[Ryan's Creek|Ryan's Creek]]?— No.

[[#rc7901|7901]] Do you remember the first night we camped?— Yes.

[[#rc7902|7902]] Was it not near the creek?— Yes.

[[#rc7903|7903]] Near some ferns?— Yes.

[[#rc7904|7904]] Do you remember where the men slept?— I know where I slept, it was in the ferns.

[[#rc7905|7905]] How far off from where we had our tea?— Perhaps 120 yards.....

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