Royal Commission report day 19 page 4
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6000 What time were the people let out?— I think about ten o'clock , as near as I can go. After that several shots came out of window; rifle balls passed close to where I was, and used to hit the trees, and the men who had rifles fired into this window several times, and up to half-past one, between one and two, I think, there was firing from the window.
6001 You are sure it was “Fire high” was the order?— Yes; I heard it pass round several times, and each time we used to sing out, “Come out, come out,” for the people to come out, and that they would not be touched or interfered with.
6002 You say they came out about ten o'clock ?— I think about that, I am not quite sure as to the hour.
6003 Did any officer give the order to the men?— It might have come from an officer. It came round the lines where we were. I could not say whether it came from the officers. I sang it out myself and Senior-Constable Smyth, and passed it round.
6004 Was that the way an order was carried round the line usually?— I do not know what orders Mr. Sadleir might have sent round; there was another man went round, named Dwyer. I saw him going round, but I do not know what orders he had.
6005 Did you give the order to shout for those people to come out?— I did.
6006 And the men round about shouted?— Yes.
6007 Did those people tell you how many were in the house when they came out?— I was not in the place where they did come out, because I did not leave my post.
6008 Where was your post?— At the lower end of the house, opposite the window, towards Benalla.
6009 On the south side?— Yes.
6010 Had you any doubt about the place being occupied when there was no firing for several hours—did you net think—was it not possible the men were out?— Well, you could not tell, I could not be sure.
6011 Was there any suggestion to rush the house?— I did not hear it.
6012 What side was the house fired from?— From the corner—the lower corner nearer to Benalla. I had changed my position afterwards, and I was speaking to Mr. Sadleir before it was fired.
6013 Did any of the officers go round and give orders to the men?— There were only Mr. Sadleir and Mr. O'Connor.
6014 Did they go round and give orders?— Mr. Sadleir had a meeting, I understand, before I went up, of the sub-officer and the men about the firing of the house, and when I came up he told me they had agreed to it, and I saw Johnson going round with a bundle of straw and kerosene, and Mr. Sadleir was up at the end of the house, and the men were prepared to fire when Johnson was lighting it.
6015 Were you present then?— Yes.
6016 When the arrangement was made to set it on fire?— No, I was not. Mr. Sadleir said there was plenty of daylight, and there was a clergyman about going in, and he would not send the man in. He was sure of getting them, and he would not risk any life, and would not send in any man while they had armour on, and he would take them without loss of life later on.
6017 Did he lead you to understand that he knew there were only the outlaws in the house?— Yes, that was well understood, because the parties who came out said there was no one but Cherry, who was in the back house, and by lighting the fire in the front house there was ample arrangement made to take the man out of the back house; and I went up with Mr. Sadleir and the clergyman, and he was taken out before there was any danger of his being touched by the fire.
6018 You remember seeing the clergyman going in?— Yes.
6019 Did he remain in?— A very short time.
6020 Did any of the police go near the house before he came out?— Several of them were up close. Mr. Sadleir and I were up close, and several other men I could not name, there were so many there, and Byrne's body was out in about perhaps three or four seconds after the priest came out. It was brought out
6021 How near were you?— As near as from here to the centre of the street—[pointing through the front door of the court house]; about twenty yards.
6022 You did not rush to the house before the priest let you know they were dead?— From the place where I was standing I could not get any nearer the house until the priest did come out.
6023 Do you mean in safety to yourself, under cover?— No.....
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