Royal Commission report day 19 page 8
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6104 Did you see any large amount of firing from the direction of that particular trench or gully towards the hotel during the morning?— Yes, there was a good deal of firing.
6105 Coming from the gully?— From the front of the house. I could not tell exactly whether it came from the gully or not, but the front of the house.
6106 Were there other police stationed in front of the hotel within your view during the morning?— Yes, but I do not remember who they were.
6107 Most of them for their protection would get behind a tree?— Yes, trees were a good protection, because were it not for the trees a good number of men would have been shot, not from the outlaws alone, but from our own rifles, because we were all round the place and were firing—the balls of the Martinis used to go through the house and into trees.
6108 All the police did as far as possible get behind trees for protection?— Yes, you could take aim from behind the tree and fire at the house. The men all kept as much as possible under cover.
6109 You are very positive about the time, because you had your watch and could refer to it?— Which time?
6110 Any time during the day?— I do not speak positively as to the time Kelly was arrested, because I did not look at my watch every hour or half-hour.
6111 All important events that took place that day you could tell within a reasonable space of time. Would you be surprised if it was sworn by those on the ground that there was not a shot fired after eleven o'clock that day from the hotel?— It world not be correct.
6112 Did you look at your watch between eleven and twelve o'clock ?— I looked at my watch after one o'clock and I saw shots come from the window afterwards. I was opposite to it.
6113 Did you see the smoke from the firing?— I saw that there was no one at the house.
6114 You understand the difference between a shot being from the window, fired by some one inside, and from some one the other side of the house?— Yes.
6115 Will you swear positively that a shot was fired from that window after one o'clock ?— I believe it was.
6116 Will you swear it was?— There was no one else to fire a shot from the house
6117 I ask can you swear that after one o'clock a shot was fired from that window?— I believe it to have come from the window.
6118 You are on your oath; can you swear that a shot was fired from that window after one o’clock ?— I cannot swear positively, but I believe it, and there was no place else for it to come from.
6119 The other constables would be in as good a position, those you have mentioned, as you would be Yourself to express an opinion on that firing?— Equally, I should think.
6120 Will you explain what you meant by that you understood. You stated just now that you had been informed that Mr. Sadleir held a meeting after your arrival with the sub-officers; who gave you that information?— No; I said that was a short time previous to the setting fire to the house.
6121 I misunderstood you. How near were you to Mr. Sadleir between the hours of one and three, what was the time the house was fired?— About three or half-past.
6122 How long before three had you seen Mr. Sadleir?— I was speaking to him just a few minutes before the house was fired, and he told me where to take up my position in case any one left the house.
6123 Before that had you seen Mr. Sadleir and spoken to him?— I had, when I went to the station-house to see Ned Kelly he was there.
6124 Did you at any time during the day hear any of the police or others propose to rush the hotel?— I did not.
6125 Not after the public came out?— No.
6126 You did not see Mr. O'Connor until what time?— About the time I went up to the station-house, I think between one and two o'clock .
6127 Did you see the prisoners released from the hotel?— I did.
6128 Did you see Mr. Sadleir when they came out?— I saw him in front of the house when they came out, but I was not close to him; I could see him.....
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