Royal Commission report day 19 page 5

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

Sgt Whelan giving evidence

6024 What prevented your getting nearer?— The length of time. He just went inside the door.

6025 Did you remain standing till he came out?— I remained standing till we saw him coming out.

6026 And then as soon as he gave the signal you all rushed?— He sang out the men were all dead, and we all rushed up to take them out before the fire would take effect.

6027 And you did not succeed?— Not with all of them.

6028 Did you see Superintendent Hare that morning at all?— I did.

6029 Where?— Between the bridge and telegraph office, after I was called, here in Benalla.

6030 Did you see him after that?— No, that was after he returned wounded.

6031 He came up here before you went away?— Yes, he was coming up to the office, and did not wait to get the wound dressed; the doctor followed him up to the office, he told me. I had sent for Mr. Sadleir, and left the man to receive the message at the office, and it was this constable who called me, and I sent him for Mr. Sadleir, and Mr. Hare said, “Turn out every man in the place,” which I did, except the watchhouse-keeper, who had a lunatic in charge; and Mr. Sadleir came over and we all went.

6032 Did you see Mr. O'Connor during the day?— I did not see him till the afternoon.

6033 What time?— I think it would be after two o'clock when I came round, as I novcr left the lower part of the building until about two o'clock . I kept down with the men and did not let them leave their posts. Some were rushing to see Ned Kelly after he was captured up at the upper end, but I did not go away till two when I saw him, and saw Mr. Sadleir and Mr. O'Connor.

6034 Were you there when he was captured?— Not on the spot.

6035 You were on the ground?— Yes.

6036 Are you pretty certain about the hour?— Yes.

6037 Have you a watch?— I have.

6038 What time was Kelly captured do you know?— I could not say exactly the time, because I did not look at the watch; there was too much excitement to pull out your watch. It was a good bit after daylight, about seven o'clock I should think, but I did not look at the time, nor was I thinking of the time.

6039 Who arrived at Glenrowan first, you or Mr. Sadleir?— We arrived together, at the same time.

6040 Who was in charge at the time you arrived?— That I do not know.

6041 Who was the first officer or sub-officer you spoke to or heard Mr. Sadleir speak to after arriving?— Senior-constable Kelly.

6042 Did he at that time appear as if he had taken charge prior to your arrival?— Yes, he appeared to know where the men were posted, and he was the senior officer of Victoria .

6043 And he apparently had charge?— He was bound according to the regulations to take charge.

6044 I do not want to know what he was bound to do—what did he do?— He met us at the train, and told us the position of the men.

6045 How many men?— Seven went with Mr. Hare and remained, and Mr. O'Connor and six black trackers, that would be the number there. Constable Walsh had arrived from Wangaratta, he was there, and I do not know whether there were any more. I did not see any others.

6046 What did you do immediately after arrival, after hearing from the interview between Senior-Constable Kelly and Mr. Sadleir?— We were not more than a minute on the platform. Senior-Constable Kelly was telling Mr. Sadleir as we were getting out of the train, and Mr. Sadleir told us to take up our positions at the place Senior-Constable Kelly said was unprotected, and we extended in file down in front to take up our places.

6047 In front of the hotel?— Yes; there was not any firing at the time, and everything was quiet.

6048 You must have crossed a certain drain that has been referred to in the evidence?— I have never been there since that night.....

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