Royal Commission report day 19 page 10
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6158 Do you know what quantity was provided?— I could not tell without the returns.
6159 You know the quantity served to each man?— Yes.
6160 Did you get more than the one supply you started with?— No; the guns were not discharged much, because it was useless to discharge them unless the outlaws came out. It was no use firing those pellets at the house.
6161 How many cartridges would you have?— Twenty-four.
6162 How many do you think any of the men had?— They all had the regulation number.
6163 What was the most—how many for the man with the Spencer rifle?— Twenty-one—three sevens, one seven being in the magazine of the rifle.
6164 You were in charge of the ammunition?— I was in charge of everything—ammunition, horses, and men—that came in.
6165 How many supplies were given of ammunition to any of the men?— When they were going to Glenrowan?
6166 No, during the day's engagement?— They took the regulation number of rounds first; then there was fresh ammunition sent by train; but I did not divide that, and do not know how much each got.
6167 Not at the railway station?— No.
6168 You did not go for the second supply?— No, I think the men with guns did not require any more; but with the Martinis a great deal was taken. My gun was a double-barrelled breech-loader.
6169 What was the order of firing; was any man allowed to fire indiscriminately according to his will, or was any order given?— Well, I do not know of any distinct order being given; there might have been without my knowing it.
6170 When did the firing first commence?— The firing commenced immediately we took up our position. The first firing came from the outlaws, as we passed down the front of the house, and we returned it.
6171 And the force were scattered round the building?— Yes.
6172 So that, if it was left to indiscriminate judgment of the men, there was not only danger of shooting the outlaws but the men?— There was no time to make any arrangement, because as soon as we got out of the train the firing from the outlaws began, and we had to take up our positions.
6173 Do you think that the capture could have been effected without this setting fire having been attempted at all?— I do not.
6174 You quite approve of the course taken in endeavoring to take them?— I quite approved of it, and I never expected, from what I knew of them, that they would all be taken together.
6175 When you went down in the morning you say you went between Jones's house and the railway station?— Yes.
6176 You saw no one there?— No.
6177 What position were the men in when you went down?— Senior-constable Kelly had us at the front of the house. Mr. O'Connor and the trackers were at the upper end of the house, and part of the back of the house was guarded, but he said the lower end, next Benalla, and a portion of the back, were unprotected, and then Mr. Sadleir directed us to go on to take up our positions there as I have said.
6178 At that time there was no firing at all from the police?— None whatever, till the firing came from the outlaws first, just as we were going down. They could see as plainly getting out of the train, and we were just in front of the house—you can see the gate where we were passing.
6179 This fire was not returned from the front of the house where Mr. O'Connor was supposed to be?— No; it was not returned, not till we got our positions.
6180 When the prisoners came out of the house, who examined them?— I was not there; Mr. Sadleir was there; I was not close enough to see; I heard afterwards.
6181 Did you see Mr. Sadleir with them?— I saw him there, but I was too far to see or hear what he did; but I saw two of the prisoners McAuliffes who were there, well-known sympathizers, who were detained, and after the capture Captain Standish came up and they were brought before him, and he said under the circumstances he gave them a caution and discharged them.
6182 Were they made to fall on their faces when they came out of the house?— I was not close enough to see.....
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