Royal Commission report day 21 page 17
The Royal Commission evidence for 17/5/1881
(see also introduction to day 21)
Const Barry giving evidence
7774.7716 From the front?— Some within 30 or 40 yards; they might have been nearer at the back,
7774.7717 Was any approach made by the police when the priest entered?— At that time there was a lot of civilians rushing the place.
7774.7718 That was after the priest rushed the place?— Really I was engaged in keeping those people from rushing the place. I heard them say, “Rush the place,”—the civilians. They seemed to be under the impression there was a man burning alive in it—Cherry—and my back was turned to the building in watching to keep them back.
7774.7719 Did you see the priest come out?— No.
7774.7720 Did you know after the civilians were released in the morning that Byrne was shot at that time, to your knowledge?— It was said round among the men, and word was passed round that he was shot.
7774.7721 Did you also know then that Cherry was in an outbuilding?— I heard so, that he was in a kitchen at the back.
7774.7722 Did you then also know the other two survivors, supposed to be Steve Hart and Dan Kelly?— Yes.
7774.7723 At what time in the day did you know that?— I presume soon after the prisoners got out, the time it would take for it to go round from mouth to mouth.
7774.7724 Was there any extraordinary danger in rushing when it was known there were only two outlaws alive in it?— You might rush the house, but to get in was another thing; you could only get in singly.
7774.7725 One in at the back and one in the front, that would be only singly?— The outlaws could stand and shoot the men as they came inside.
7774.7726 You saw the end of the building when it became daylight from where you were?— Yes.
7774.7727 Was there any window at all on that end of the building?— The west end. There was a window in the detached kitchen, but not in the main building.
7774.7728 Did you see any firing come from the window in the kitchen during the whole of the day?— Not a single shot.
7774.7729 Was the end of the main building so riddled that anyone inside could have taken deliberate aim at anyone outside?— Yes, I was of that opinion.
7774.7730 Clean shot holes?— Yes, it was soft wood.
7774.7731 So that the point of a revolver or rifle might have been put through and a sight taken?— They could have stood back and taken a chance shot
7774.7732 Was it riddled as thickly as those blots on this pad—[pointing to the same]?— Not quite as thick as that.
7774.7733 Is it not likely that under the ordinary firing there would not be a larger proportion of bullets strike the building at the end than what struck the brick wall?— Certainly.
7774.7734 There would be a fair proportion scattered over that end of the building?— Far more over that than the chimney, because more would be directed to that than the chimney.
7774.7735 You were asked whether you required any further orders after Mr. Hare gave you this order to surround the place, and you said you did not—those were sufficient for all purposes?— Yes, I think so.
7774.7736 Had you been an officer in charge (you are only a young man)—now I am only asking for your opinion.
Mr. Sadleir objected, that it was not usual to ask a constable to criticise the action of his superior officer, and wished to say, speaking with all respect, and having in view the regulations, that it amounted to asking the witness's opinion on his ( Mr. Sadleir ’s) conduct on that occasion.
7774.7737 By the Commission (to the witness)— Do you know whether those orders to fire high came from Mr. Sadleir?— No, I do not.
7774.7738 Were you anxiously looking out for frosh orders all day?— I was looking out anxiously for some instructions, so as to regulate the firing better.
7774.7739 Were you disappointed at not receiving them?— I was.
7774.7740 By Mr. Sadleir— Did you not receive orders to fire high after the word passed round?— Yes.....
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