Royal Commission report day 19 page 37

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

'Const Thomas Kirkham giving evidence'

6891 How many of the men were at that spot?— Only myself and two black boys, Constable Canny, and Mr. O'Connor.

6892 Did any of you take any of those provisions you brought from the railway station?— I think the boys had a bit of bread. —

6893 How long did you remain in the trench after that?— Half an hour or an hour.

6894 Did you see the women leave the hotel and the civilians?— Yes.

6895 Where were you at the time they left?— Standing about ten yards further down from where Mr. O'Connor and I had been.

6896 In the trench?— No, out of it.

6897 Exposed to the fire of the outlaws from the hotel?— Yes.

6898 With nothing intervening between you and the hotel to prevent you being shot?— Only a three-rail fence.

6899 Was there any great firing from the hotel, from the time Mr. Sadleir came until the women were released?— I do not think there was.

6900 Did you see the women coming from the hotel?— Yes.

6901 You were then about ten yards from Mr. O'Connor?— No, not then.

6902 Where were you?— Away from Mr. O'Connor, at the Benalla end.

6903 What time was it the women came out?—

6904 Mr. Sadleir— Had the women come out before I arrived?— As far as I can recollect they came out shortly after the first firing.

6905 Did say of them speak to you?— No.

6906 Then after Mr. Sadleir came and you went back with the provisions, that would be some-where about daylight in the morning; you remained in the trench till daylight, was that so?— Yes.

6907 What were you doing between daylight in the morning and eleven o'clock ?— I was talking to some of the men at the Wangaratta end, and changing about at that end.

6908 What was the use of your changing about; were you sent with instructions from the officers to talk with those men?— No.

6909 What practical use were you then between daylight and eleven o'clock ; you stated you had no ammunition served out till eleven o'clock , and you were from about four in the morning till eleven without a single charge?— Yes, only my own two revolvers.

6910 Did you fire those?— No.

6911 What practical use were you on the ground if you were not instructed by the officers to give instructions to the men, from daylight till eleven o'clock ?— I was on the Wangaratta end at that time.

6912 Did you tell Mr. Sadleir when he arrived you were out of ammunition?— I do not remember.

6913 Did you go down at eleven to see if any had arrived?— I did not, I heard that some men did.

6914 Did you stop behind a tree or anywhere till that time?— I was with the men.

6915 You were on the ground all day, from the early morning till the hotel was fired in the afternoon?— Yes.

6916 All the time?— Yes.

6917 You saw the firing from the hotel, when you arrived in the morning?— Yes.

6918 How long was that continued from the hotel from the first thing in the morning, because you were a close observer, you had no charges yourself and could see whether the firing was coming from the hotel?— I could not say when I saw the last firing from the house.

6919 When did the male prisoners leave the hotel?— About ten.

6920 Was there any firing immediately before that?— I think there was.

6921 Can you swear whether there was or not?— I cannot.

6922 Were you in a position to observe that?— They may have been firing without my knowledge.

6923 Were you not watching?— Yes.

6924 And you cannot say?— No.....

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