Royal Commission report day 19 page 6
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6049 You do not remember crossing that drain?— No; I think we followed down the track from the railway. We crossed a drain when we got a little below the house.
6050 What do you call a little below?— Say about twenty or thirty yards—we crossed to get to the back of the house. I know I got my foot wet in it.
6051 You went to the end of the house nearest Benalla—is that so?— Yes.
6052 You did not see Mr. O'Connor and his men during the time you were passing from the railway station to where you took up your position?— No.
6053 Did you see any men at all?— No, we could not see them at all.
6054 Did you see any constables before you took up that position except Senior-constable Kelly, whom you saw at the station?— None whatever.
6055 Do you know what Mr. Sadleir did immediately after your leaving the station?— I could not say what Mr. Sadleir did immediately after leaving the station.
6056 When did you next see him?— At the time Ned Kelly was taken, when he was going up towards the station. I was not within speaking distance of him—I was not up at the place—I could see them taking him up towards the station-house; it was sung out that Kelly was arrested.
6057 What position were you in—were you still in the same position you took up early in the morning?— Yes.
6058 The lower end of the hotel?— Yes, the Benalla end.
6059 How far would it be from where you were first stationed to where you saw Mr. Sadleir with Kelly?— I am under a disadvantage, not having been there since to measure—I think about 200 yards.
6060 What time was that in the morning when you saw Mr. Sadleir with Kelly?— I did not say I saw him with him—I said I saw him at the time Ned Kelly was taken to the station-house, I could see him going to the station house.
6061 How far from the station?— Not far.
6062 Close to the station?— Yes.
6063 Who gave you orders afterwards during the day—what officer?— I received no orders until the time that the house was going to be fired, because I was not up close.
6064 Did any officer come round to you during the day and instruct you to do particular work?— No.
6065 No officer at all?— No.
6066 Were you the next senior officer below Mr. Sadleir?— I was next in command to Mr. Sadleir.
6067 And no one came to you the whole day till just before the house was fired?— That is so.
6068 Do you remember the time Mr. O'Connor arrived in Benalla with the black trackers?— Yes.
6069 You remember his being here?— Yes.
6070 He was pretty constantly in Benalla—stationed there?— Yes.
6071 All the time then he was engaged on active duty here in connection with black trackers?— Yes, he used to go out with black trackers—He and a senior-constable from Queensland and six trackers, together with our men.
6072 After moving from the end of the hotel where you first took up your station, you remained there till after daylight?— I did.
6073 In which direction did you next move?— The next move I made was up to the place where Ned Kelly was—the room where he was in at the station.
6074 Did you come back in front of the hotel, between the hotel and the railway station, to come to the platform?— I went up behind the station-house, as there were rifle balls.
6075 What do you mean by behind?— I crossed the railway.
6076 What time was that in the morning?— Not until about I think after one o'clock .
6077 And then you remained almost stationary from five in the morning till after one in the day in that particular position?— Yes.....
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