Royal Commission report day 19 page 39
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
'Const Thomas Kirkham giving evidence'
6953 To whom did they make that proposal?— I think Dwyer went to Mr. Sadleir with that proposal.
6954 Was it a matter of conversation among the police round the hotel that the place should be rushed during the day, and as to sending that proposal to Mr. Sadleir?— I did not know of it.
6955 Did you suggest it to any of the constables who spoke to you in the morning when you had no ammunition?— No; not till the four of us spoke together; I did not mention it myself; we asked Dwyer to go to Mr. Sadleir, and he went and came back and said he said, “No.”
6956 Dwyer went to Mr. Sadleir?— We asked him to go, and I think he went.
6957 Did he return and say Mr. Sadleir did not consent?— Yes, that we were not to go.
6958 About what time of the day was that?— Some time before the house was fired.
6959 Would it be an hour before?— Yes, if not more; as far as I could judge.
6960 How early in the day did you become acquainted with the fact that Byrne dead in the hotel?— I beard that after the civilians came out.
6961 Then you knew, as far as you know, no one was in the hotel but Hart and Dan Kelly?— As far as l knew.
6962 Did you know about the man Cherry being on the premises?— I heard he was lying in the back of the premises.
6963 Did Mr. Sadleir, as far as you observed, take active service from the time he arrived till the hotel was burnt in the afternoon?— Yes.
6964 Did you see him going round from policeman to policeman round the hotel; the hotel was surrounded, was it not?— Yes.
6965 Did you see him taking a circuit round from man to man?— I did not see him.
6966 When did you see him after early in the morning?— At the Benalla end of the house, when Father Gibney was going in.
6967 After the hotel was on fire?— Yes.
6968 Did you see him at the time the male prisoners came out at eleven?— I saw him when they came out.
6969 Did you see him any time during the day taking an active part, going round to the men?— He may have gone, I did not see him.
6970 Who was the officer left in charge before Mr. Sadleir arrived?— Senior-Constable Kelly, as far as I know.
6971 Suppose that Senior-Constable Kelly gave you instructions, on the one hand, and Mr. O'Connor on the other, you knowing that Mr. Hare was away, which of them would you have obeyed?— I think I should have obeyed Senior-Constable Kelly, he was our officer of Victoria, and I know, as far as the regulations go, he would have been in charge after Mr. Hare left.
6972 Did you recognise Mr. O'Connor as an officer of the Victorian police at the time of the Glenrowan capture?— I could not say.
6973 I mean your opinion; did you know of yourself he was an officer of the Victorian police?— No.
6974 Did you know at any time he was an officer of the Victorian police?— I could not say whether he was or not.
6975 Were you at Benalla before the affair at Glenrowan?— Yes.
6976 How long had you been stationed at Benalla before that?— About eighteen months, or more,
6977 And a long time under Mr. O'Connor?— Yes.
6978 As mounted constable along with the Victorian police?— Yes.
6979 Would you recognise any instructions given you by Mr. O'Connor—I mean, Mr. O'Connor being here in charge of the black boys, and you being with him, would you obey his instructions?— Well, I would obey his instructions as far as I could. I was given over to him.....
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