Royal Commission report day 19 page 3
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
5975 You had better give it in his language?— He said, “The lower end of the house and the back is unprotected.”
5976 Was that the end nearest Benalla?— Yes, nearest Benalla.
5977 That was the south end of the house?— Yes.
5978 And the back was unprotected?— Yes. Mr. Sadleir, “Where is Mr. O'Connor?” and Kelly pointed and said, “He is down here in front.” Mr. Sadleir said, “I must go and see him to see how things are. You let the men take up their positions in the place that is unprotected.” We then extended in file in front of the railway gate and in front of the house—Jones's house—and immediately we got in front there was a volley heard of one, two, three, right as we passed out of the house, and the balls struck the posts. It is a wire fence, but they struck the posts and tore up the sand as we went along; so we took up our position round about the house and had it quite secure. Daylight very soon came, and the horses that were in the yard were shot.
5979 By the police?— Yes.
5980 In Jones' yard, that is?— Yes; and some of the men said that Ned Kelly had been seen, and that he had been trying to mount his horse previously to that, and it was suggested then to shoot the horses as a precaution against their securing them and getting off.
5981 Who gave the order to shoot them?— I cannot say, but I know it went round that it was better to shoot the horses. It was agreed to by the men.
5982 Had you no idea who gave the order?— No, I could not say.
5983 Was it the officer's order?— No, there was no officer there; Mr. Sadleir was up at the upper end.
5984 Was it simply an agreement between the men that it would be better to shoot the horses because of having heard that Ned Kelly was trying to mount them?— Yes; and they went round, and the horses were shot.
5985 That was a little after daylight?— Yes, when the horses could be properly seen and known to be the Kelly horses.
5986 How is it there was no officer there to give the orders?— There was only Mr. Sadleir, and he could not be there and up at the upper end too.
5987 Where is that?— Nearer to Wangaratta. That is where Ned Kelly came out afterwards.
5988 Where was Mr. O'Connor at this time?— I had not seen him at all at the time. He had the black boys up—I understood so from Senior-constable Kelly—partly in front of the house at the other end; but I did not see him as we marched up to take up our positions as I have described.
5989 Here is a plan of the place; will you look at that?—[ The witness did so.]—This is about where Mr. O'Connor would be, I think—[pointing].
5990 Do you know where he was?— I do not know myself, but I know the place that was pointed out.
5991 Do not say anything about what you do not know yourself?— You have asked me before about what Fitzpatrick told me, and I thought perhaps it was admissible what Senior-constable Kelly told me in the presence of Superintendent Sadleir, and told Superintendent Sadleir in my presence.
5992 That is quite admissible, but you must state you heard it from so-and-so?— I did so.
5993 What did you hear from Senior-constable Kelly?— He said to Mr. Sadleir, when he asked where Mr. O'Connor was, he said, “he is down here in front,” and that was only a very short distance from where we were standing.
5994 Anything further?— No. Mr. Sadleir went away with him, after he directed as to take up our positions at the lower end.
5995 Went towards Mr. O'Connor?— Yes.
5996 Were you present all through from the time of your arrival?— I was present all through from the time of my arrival until I brought down Ned Kelly and the bodies with Superintendent Sadleir at night to the lock-up.
5997 Was there much shooting after you took up your position?— There was. There were several shots came from the lower end of the house from the building, from the outlaws supposed to be, because there were no others in after the people got out.
5998 Was there heavy firing upon the house by the police?— There was.
5999 All round?— All round; but it was sung out, round about from one to another, “Fire high”. That was before the people came out.....
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