Royal Commission report day 19 page 19
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6371 You cannot possibly say whether that appeared to take Mr. Hare by surprise?— Mr. Hare did not believe it, and I did not believe they could have had it out of the mould-boards to ride in; I believed the informant thought so; I did not think he wanted to mislead the police.
6372 You cannot form an opinion whether Mr. Hare had heard the information before?— No.
6373 Did you know that this informant had informed Mr. Nicolson and Mr. Hare about the armour?— Yes, Mr. Nicolson was aware of it.
6374 Was that by verbal communication or letter?— I took the informant to Mr. Nicolson's office after he told me about it, and he told me after that he told Mr. Nicolson; I was not present.
6375 You said there were orders given to fire high at Glenrowan?— Yes.
6376 Did you hear any orders given to fire low?— I did not.
6377 If orders had been given to that effect, you would have heard them?— No; orders might have been given up where Mr. Sadleir was, and I could not hear it, unless I passed along the line. I might not have heard it, because there was a good distance between us.
6378 Were there any orders given about firing beyond that one occasion to fire high that you know of?— Yes; I directed the men about to fire at the window where I saw the balls coming from; that is the end window where I was opposite. I had no rifle myself, and I told Senior-Constable Mullane and other men with rifles to fire. Walsh had one of those old rifles given out to the police, and he fired at the window.
6379 It has been given in evidence that one of the outlaws was supposed to have appeared at the top of the chimney on one occasion?— That would be at the other end of the building, near Wangaratta
6380 Did you see it?— No.
6381 Did you hear the men say so?— I heard it talked of that they were seen, I think it was, going into this chimney, and that instructions were given to fire at this fireplace.
6382 That would not be what I refer to—that was not at the top of the chimney?— No.
6383 Did you hear from any member of the force that he had seen the head of one out of the chimney?— No, I heard they were in the fireplace, at the bottom.
6384 About how far from the hotel were the nearest police from your observation when the priest came out of the hotel?— They were up pretty close just as he came out, because a few of the men and a good many civilians were approaching it as the priest went in, and he was out very quick, before there was time to advance much on the house, but some of the men were pretty close.
6385 How much?— I should think about as far as to the centre of the street from the court house here when the priest came out, and we ran on up to the building where Cherry was, and he was got out, and some more of the men got out Byrne's body.
6386 I think you said you remained still till after the priest came out?— Yes, I said the priest was not more than a few seconds from the time he entered the front door till he was back, and then we moved up as be came back.
6387 When you saw the priest come in, you all remained stationary; you did not stir till the priest came out and held up his hand?— I do not think there was any advance until he came outside the door. Mrs. Skillian, a sister of Ned Kelly, was moving up, and some other parties, but they did not get near the house, the priest was out so quick.
6388 In your opinion, were the police efficient in the use of the arms served out at Glenrowan?— I think they were very efficient the whole time, because I had a knowledge of the efficiency here. I issued all the arms to the men here. They were all instructed in the various kinds of arms except the Martini. I did not understand them myself at first, and the late Sergeant Porter was sent from the depot to instruct us. After that I could instruct the men as they were issued.
6389 The men in this district?— Most of the men passed through here before they went out on search parties.
6390 Then you speak in a general sense?— Some of the men have not been here, but I speak for the greater number of them.
6391 You are not aware that a few of the police stated they had not used arms and had had no practice?— There was an instruction for men having Colt's revolvers to discharge them once a week, to put in new ammunition, which is necessary; and the men having other weapons with this patent ammunition it is not necessary, it retains its effect without firing off. There was a great deal of practice by order of the Chief Commissioner. Mr. Nicolson gave up charge the day or a day after, and Captain Standish and Mr. Hare assumed charge then.
6392 Did the police occasionally to go to officers for instructions during the engagement, or the officers to go to the men for instructions?— There was very little instruction required, because all the men were posted. Ned Kelly was captured and Byrne was shot, and the only thing was to watch the building for the other two, and whatever arrangements would be made to rush them or get them.....
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