Royal Commission report day 20 page 4
The Royal Commission evidence for 14/5/1881
(see also introduction to day 20)
Const Canny further examined
7468 You stated that you received no orders from Mr. O'Connor—that he gave you none?— Yes.
7469 And that you did not consider him, as far as you were concerned, as your officer in command of you?— Yes.
7470 Did you receive any orders after Mr. Hare left the ground from any one—any person you considered your officer?— No, I did not.
7471 Did you receive any orders from Senior-constable Kelly?— No.
7472 Did you see him?— No, I heard him speak.
7473 From what position?— From the back of the house, towards where the present shed is standing.
7474 About what time was it you heard him speaking?— About four o'clock .
7475 That was before Mr. Sadleir came?— Yes, that was before Mr. Sadleir came.
7476 Did you know from the position you were standing that Gascoigne was over in the position you saw him go to after Mr. Hare was wounded?— Yes. I would not be positive it was Gascoigne , but I knew there was a man there.
7477 Was Kirkham there?— He was on that side.
7478 What other men were of your party?— Constable Phillips.
7479 On the Benalla end?— Yes.
7480 And Senior-constable Kelly?— He placed those men there; I heard him say so, I do not know.
7481 You did not see him place them?— No.
7482 Did you receive any ammunition?— No.
7483 Or any orders from any one?— Not till Mr. Sadleir's party arrived.
7484 Was it understood among the police that they were to surround the house—the last order of Mr. Hare—and that was all your duty till somebody came to relieve you from your position?— Yes, that was it; and that is what I did.
7485 Would it be correct to say that any men went round and round, in your opinion?— I believe Senior-constable Kelly went round.
7486 Did you see him?— No.
7487 Did he come round to you?— No.
7488 You said you received no orders from Mr. O'Connor, and you were within fifteen yards of him—did you hear him giving any orders to the black trackers that were with him under his command?— I did not hear him give an order. I heard him speaking. I could not tell what he said. It sounded a hollow sound, as if down in a hole.
7489 Could it be for particular action as to how they were to fire?— It might have been.
7490 Would you say it was hot?— No.
7491 You remained in that position, and all the men, until after Mr. Sadleir took charge of the party?— Yes.
7492 Who moved you from your position first—did you move by any orders?— Not till the prisoners
7493 Who moved you?— I moved myself.
7494 When did you get the first instructions?— When we fetched the prisoners. Mr. Sadleir gave the orders.
7495 Who fetched the prisoners?— Constables Graham and Arthur, and others.
7496 Then you went on with those prisoners to Mr. Sadleir; what was that for—was it for the purpose of examining the prisoners, to see the outlaws were not amongst them?— No; not to see that the outlaws were amongst them.
7497 What?— I believe that there were a lot of sympathizers amongst them—supposed to be— and I believe Mr. Sadleir wanted to retain some of those.....
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