Royal Commission report day 19 page 20
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6393 How did you know Byrne was shot?— The parties who came out stated so.
6394 You were continually firing on the house, I believe, after Ned Kelly was captured?— Yes; but, as I mentioned to you, the firing was high.
6395 There were no instructions beyond that, by any officer to the men, us to how they were to proceed?— There might have been at the other end; I do not think it.
6396 To your knowledge, were any arrangements made to have a medical man on the ground, in ease of his services being required?— Mr. Sadleir detained the train to get Dr. Nicholson, who was attending Mr. Hare, so as to have him on the spot. He dressed his wound here, and came with us, and attended Ned Kelly, and was there to attend any one wounded.
6397 Would he have attended any of the police who might have been shot?— He came for that purpose.
6398 Did you hear any man offer to go to the hotel in Kelly's armour before the place was set on fire?— I did not, but it might have occurred without my knowing.
6399 Did you hear of any civilians offering to go and storm the place?— No.
6400 Do you know a Frenchman named Amidie?— Yes.
6401 Did you hear that he offered to go and storm the house?— This is the first time I have heard
6402 Were you perplexed in any way in capturing the outlaws, by your superior officers?— Not at all. It was reported in the papers outside that we were hampered—such was not the case. When the men went out they had perfect liberty, if they had anything valuable, to follow it up; but to communicate, if possible, with their officers, with some one who would bring them in, but to follow up the scent of any information they got. Both from Mr. Sadleir, Mr. Hare, and Mr. Nicolson they had that.
6403 Do you think, from your knowledge of the district, there are any fears of an outbreak from any associates of the gang?— I would respectfully beg not to answer that, if not forced. I will give any information as to the past, but I would respectfully ask not to give any opinion as to the future, as I think it would interfere with the public interests. I shall be very happy to give it to the Chairman of the Commission privately
6404 What is your opinion of the services of the black trackers in their special calling?— I think they are very good, but I think so many as six should not be sent together, as six horses have to go, and at least two pack-horses—that makes eight; and a constable in charge, a white man—that makes nine. Well, if they came up with any offender, there is only one man to fight—we cannot trust much to the trackers to fight—there is only one man to fight, and nine horses, which make a great noise and bulk in the bush; so I think two or three at any time is sufficient to go out.
6405 Still you think their services are useful?— Yes.
6406 Can you assign any particular instance of their ability?— I can. They have in the late murder case at Wunghnu. They have tracked there, and I believe it is from their tracking there was circumstantial evidence—there was no positive proof of the murder—but sufficient evidence was got up, and the man was convicted and sentenced to death the other day at Beechworth.
6407 Who was in charge then of the black trackers?— Constable Kirkham, and Sub-Inspector Baber was out taking charge of the case.
6408 Do you remember any case where Mr. O'Connor was in charge?— Mr. Sadleir was with them, I was not, and I heard Mr. Sadleir speaking very highly of Mr. O'Connor's “boys.”
6409 You remember the instance of Mr. Little losing the watch?— I remember, at the Agricultural Show, in the mud and in the wet, a pin was lost, and some three or four days afterwards he or some one came and got the services of the black trackers, and they found the pin. There was another case at Violet Town , where they tracked a man from the station-master's garden up to his house.
6410 Is that your present trackers?— Yes; and there was a case at Shepparton also.
6411 You do not remember this instance of the watch ?— I think it was a pin.
6412 You are speaking of another instance at the station-master's house?— Up to his own house, and the man was convicted. Constables Kirkham and Johnson, I believe, arrested him.
6413 You are speaking of the present party altogether?— Yes.
6414 You do not say anything with reference to the old party?— No; Mr. Sadleir was generally with them; I had nothing to do with them.....
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