Royal Commission report day 26 page 15
Story of the KellyGang - the Royal Commission evidence
The Royal Commission evidence for 7/6/1881
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full text
(see also introduction to day 26)
Mr John McWhirter giving evidence
10322 Where were you standing at this time?— At the back of the station. One of the men was running with his head down, and several shots were fired; both then turned round and went back into the hotel.
10323 You could hear Mrs. Reardon's voice plainly?— Yes, she screamed and was very excited. She said they had killed her boy, or they would kill her boy, or something of that sort. She came to the station, and I at once spoke to her and took her story down. It was published in the Age the next day.
10324 Did you see, prior to this, a man come out of the hotel with a wounded child in his arms?— Yes; the man carried Mrs. Jones's child out, and Mrs. Jones accompanied him. He was challenged by the police, and he carried the child across towards the station master's.
10325 Did you see him leave the hotel?— No, I saw him immediately after.
10326 You do not know whether he came out at the back or front?— No, he was carrying the child. When at the back of the police, Mrs. Jones left the man and began to abuse the police again.
10327 Did she go back to the hotel again?— Once or twice she came out and went back. She came towards the police, and eventually came out to a position at the rear of the police, abusing them, calling them murderers and one thing and another.
10328 At what time were the police aware those people were in the house?— Immediately after the first volley had been fired.
10329 Would all the police be aware of that fact?— I cannot say. All the police must have known. We knew, and the, were in a better position to know than we were. We certainly had the benefit of the stories of the prisoners who did make their escape, and the police at the back of the house would know at once. I know when I knew there were so many prisoners inside I made enquiries about the firing into the place, and was told the police were instructed to be careful and fire as high as the height of a man above the ground. It was described that the prisoners in the house were lying on their faces on the floor.
10330 Do you know who gave the instructions?— I do not. I was simply told by some of the men.
10331 About what time did you first hear of that?— About the time I heard of that was, I think, in the first rush—many of the men had taken wrong ammunition with them, and the consequence was that they had to send back for ammunition, and Mr. Melvin and myself sorted the carbine and Martini-Henry ammunition and gave it out to the men as the messengers came to the station for it.
10332 Who came for it?— Rawlins took the first lot and Senior-Constable Kelly the next.
10333 When did you first know when the police were instructed to fire high?— I believe it was from Kelly or Phillips when they came for ammunition, because I thought at thetime it was dangerous to fire into the house where there were so many innocent people, that is, according to the statement received from Stanistreet that there were thirty or forty prisoners in the hotel—inhabitants of the place. That led me to ask the police which room the prisoners were in and the position, and I was told they were to fire high.
10334 Do you know the time Mr. Sadleir arrived?— It was before that.
10335 You swear positively that before Mr. Sadleir arrived the police were instructed to fire high ?— I will not swear that, but I will swear I was told they were instructed to fire high. Immediately after Steele arrived the train came in, and the Benalla police were distributed on the Benalla side of the house, I think. The boy came running out with his head down, and there were several shots fired.
10336 Did you see the boy running?— I saw the figure of a man—I took it to be two men, and I could tell that one was running stooping hie head and shoulders.
10337 In what portion of the hotel was that?— He came out of the front door and ran towards the tree near which Mrs. Reardon got over the fence.....
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