Royal Commission report day 19 page 29
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
6628 Did you understand immediately you arrived Glenrowan that the Kellys were in that house?— Yes. When the train got within a little distance of Glenrowan somebody came and told us the Kellys were there waiting for us.
6629 So you were there from the very first?— I was.
6630 At what time did the firing commence?— Shortly after I got there.
6631 It would be somewhere about half-past three?— Yes, or a little before that.
6632 What were the orders given to you?— We had not been on the platform a very few minutes when I was holding half a dozen horses, and I heard Mr. Hare call out, “Let go the horses and come on,” and I let go the horses and went towards the house.
6633 What happened then?— I saw Mr. Hare running up towards the house, and Mr. O'Connor started shortly after him, they had not gone far when Mr. Hare got in advance and got across the fence, and I followed up and got across the fence too, and then the firing commenced.
6634 Where was the firing from?— From the house.
6635 Inside or outside?— I think from the verandah.
6636 Did you hear anybody calling out then from the house; did the outlaws call out?— The volley was returned by the police.
6637 What occurred then?— I saw Mr. Hare shot then, and sitting on a log, and I went further round to the left.
6638 You did not go to speak to Mr. Hare?— Yes, I did. I asked him what was the matter, and he said he was shot on the wrist, and I left him sitting on a small log that was close by.
6639 Was he not in a dangerous position sitting on the log, exposed to their fire?— Yes, he was exposed to their fire.
6640 Do you know whether he left the ground then?— No, I do not. I do not know when he left. I went round and took up a position by a tree, and I saw Phillips and Gascoigne. I think they came shortly after.
6641 What quarter of the house?— The Benalla end.
6642 That is to the south?— Yes.
6643 What arms were you using?— The Martini-Henry rifle.
6644 Did you fire very often?— I did.
6645 Who gave you instructions after you took up your position?— Nobody.
6646 Before you took up your position?— When I left, Mr. Hare said, “For God's sake do not let them get away”; that was all the orders I received from anybody.
6647 Did you see Mr. Sadleir or Mr. O'Connor?— Mr. Sadleir had not arrived then.
6648 Did you see Mr. O'Connor?— No, I did not. I saw him running after Mr. Hare while crossing the fence, but did not see him again for some time. He went from the railway station towards the house, but I did not see him again for some time.
6649 Where did you see him next?— After the first firing ceased. I had no ammunition.
6650 What time was that?— I suppose about three quarters of an hour after our arrival on the ground.
6651 That was about half-past four before Mr. Sadleir arrived?— Yes, before that.
6652 What did you do then?— I told Phillips and Gascoigne that I was going to the railway station to try and get more. I got down towards the station, and I met Senior-Constable Kelly and asked him what he had done, and he said he had sent to Benalla for more men; and I asked him if he had any more ammunition, and he said; “No, he had none to give me.” At that time a woman came out of Mrs. Jones's, and some more women. Mr. O'Connor challenged them.
6653 You saw him then?— No, I heard him.
6654 Where was he?— The other side of the fence from me.
6655 Nearer the house than you?— Yes.
6656 Nearer Mrs. Jones’s?— Yes, nearer the front door.....
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