Royal Commission report day 19 page 34
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
6790 It was after you came back that Mr. O'Connor asked you to remain there?— Yes.
6791 Was it in consequence of your having no ammunition, or why; did he assign any reason?— No, he said, “I would recommend you to stop here.”
6792 Then how long did you stop there; did you stop till you heard Mr. Sadleir's party come?— Yes, I was there when they came. I heard their train come up to the station.
6793 Did Mr. Sadleir come to you where you were, or did you go towards him?— I think Mr. O'Connor was going to send me over to tell Mr. Sadleir to come.
6794 Did he tell you to?— Yes
6795 Did you do so?— No, I do not think I did.
6796 You remained there?— Yes.
6797 Did you see Mr. Sadleir talking to Mr. O'Connor?— Yes.
6798 Did you see them talking together?— Yes.
6799 Did they go away then out of this trench?— As far as I remember, that is when Mr. Sadleir sent me for provisions.
6800 How long before you took round the provisions was it that Ned Kelly was captured?— I could not say.
6801 Was it long before that?— I do not know.
6802 Did you occupy, any time during the day, any position round the house with ammunition— did you go back to the same position?— No, I went to the end where Kelly was captured.
6803 Did you not see Mr. O'Connor again, or when did you see him again after leaving Mr. Sadleir in the trench?— I think it was nearly eleven o'clock ; they were both talking at the Wangaratta end of the building.
6804 Before or after the prisoners were out?— After.
6805 Did you speak to Neil McHugh?— No.
6806 So what you heard about him was hearsay?— Yes, from Phillips, I think.
6807 Did you receive any orders from either of those gentlemen—either Mr. Sadleir or Mr. O'Connor—after you were in the drain with the food?— I do not remember any, only the one from Mr. Sadleir to “fire high.”
6808 Who gave you instructions to go round the building?— No body.
6809 Did you do it on your own account, us you thought best, or anything of that sort?— I did it on my own account. There were a lot of men then, and they were changing about.
6810 Did you look upon Mr. O'Connor at any time as giving you instructions after he said, “You had better remain here?”—Mr. O'Connor gave me no orders at all.
6811 While he was in the drain did he lead you to believe he had charge of the party?— No, but I considered he was my officer at that time inasmuch as I was given over to him by the Victorian Government to look after his boys. I understood I was to look after his boys there.
6812 You left the railway platform with Mr. Hare and Mr. O'Connor?— Yes.
6813 How far did you move in the direction of the hotel when you three were close together; Mr. Hare was in advance, Mr. O'Connor second, and you third?— Yes.
6814 How long had you proceeded from the railway before you saw Ned Kelly or any of the gang come out on the verandah?— A very few minutes.
6815 Do you remember the first volley fired?— Yes.
6816 Where from?— From the verandah.
6817 Were you in a position to see Mr. Hare or Mr. O'Connor fire in return?— I was in a, position to see Mr. Hare.
6818 Did Mr. Hare fire?— All fired.
6819 Did you see Mr. Hare fire any shots in the direction of the hotel at that time?— Yes.
6820 How many?— I could not say.
6821 About how many?— I could not say.
6822 There were only three of you at that time, cannot you form some idea of the number fired by you three?— I could not....
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