Royal Commission report day 19 page 33
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
6754 Did Mr. Sadleir seem to be taking. charge of the men when he arrived?— Yes, he did.
6755 Did you hear Mr. O'Connor calling out to cease firing at any time?— No; I heard one of our own men.
6756 Did you hear that cry go round the house?— I heard Gascoigne singing out, “Look out for the women, cease firing, mind the man.”
6757 Could Mr. O'Connor have called that out and you not have heard it?— I think there was more than one called it out.
6758 You are not sure about it?— No.
6759 Were you long beside Mr. Hare after he was wounded?— No; I went away.
6760 Who was with Mr. Hare?— I do not know.
6761 You did not see whether he continued firing or not?— No, I did not.
6762 Mr. Hare shot in the wrist immediately he got on the ground?— Yes.
6763 The first volley?— Yes.
6764 When Mr. Hare called to you to let the horses go and follow him, who was with you at that time; what constable came away with you?— I did not see anybody.
6765 Were you first or Mr. Hare first?— Mr. Hare was first.
6766 And you followed next after?— No; Mr. O'Connor was next behind.
6767 How did you come—who came next?— I think I did.
6768 Were any of the black boys with him?— I did not see them.
6769 What other constables were with that party, with Mr. O'Connor, yourself, and Mr. Hare— was Gascoigne?— Yes, and Phillips.
6770 Then you said you came on, and at the first volley Mr. Hare was shot?— Yes.
6771 And then he said “Surround the house,” and you went beyond him to get round the house?— Yes.
6772 What two constables were with you then?— I think Gascoigne and Phillips came immediately after.
6773 Then you were most advanced towards the house?— Gascoigne was most advanced, but Mr. Hare sang out to surround the house before I saw him sitting on the log.
6774 Then you were all together?— All of a heap.
6775 After he was wounded, you went on to complete that order?— Yes.
6776 Were you leading them, or Gascoigne?— I think I was there before Gascoigne.
6777 Who was near Mr. Hare at the time of his being wounded?— I could not say.
6778 Gascoigne was in front of you, and after Mr. Hare was wounded, you fired on the house yourselves?— Yes, I fired on Ned Kelly when he came out.
6779 Did you recognise him as Ned Kelly?— I thought it was Ned Kelly, he came out in advance of the other three.
6780 And you fired?— Yes.
6781 Did any of the other constables near you fire?— Yes, Phillips and Gascoigne.
6782 What occurred then, did they retreat?— After those shots had been fired they ran in again.
6783 What did they say?— I thought Ned Kelly said, “See, I am ball-proof. Come on you - dogs.”
6784 What did you do?— Continued firing, and remained there for a short time.
6785 Was it in that position that you expended your twenty rounds of ammunition?— I could not say “expended.” I either expended them or lost them.
6786 As soon as you were short of ammunition, did you say you were short?— Yes, I told Gascoigne and others, and said I was going to the railway station.
6787 You went to the railway station?— Yes.
6788 Did you pass Mr. O'Connor going there?— Yes.
6789 Where was he?— In the so-called drain.....
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