Royal Commission report day 22 page 28

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The Royal Commission evidence for 18/5/1881

(full text transcription)

(see also introduction to day 22)

SConst Kelly giving evidence

8713 By Mr. O'Connor— Then when you actually, what I may call, overtook Mr. Hare he was wounded?— Yes, I believe he was.

8714 Did he make any remark to you about it at once?— He said he was shot.

8715 He turned round and spoke to you by name?— No, he did not by name at that time.

8716 Could you remember the words he made use of?— I believe the words he made use of were, “I am shot.”

8717 Did he say, “O'Connor, I am wounded.” Did he call me by name?— He called you by name when he came down.

8718 At first, “I am wounded”?— “Those beggars shot me.”

8719 “ O'Connor, those beggars shot me”?— Yes.

8720 By the Commission— Did he say, “O'Connor”?— Yes, he did. He sang out, “O'Connor, where are you? Where is O'Connor? Come on.”

8721 By Mr. O’Connor— Did he or did he not try to find out where I was?— He asked where you were.

8722 Whom did he ask?— Me. He said, “Where is O'Connor?”

8723 That is another statement. I asked you what Mr. Hare said. Did he say, “O'Connor, I am wounded.” And you say he said, “O'Connor, those beggars shot me”; and then you give another statemeet, and then another. That is three different things that you say Mr. Hare said. What did he say?— I believe those are the words he said. He said, “Where is O'Connor?” and you answered in this ditch.

8724 I answered from that ditch?— Yes.

8725 You said before in you evidence that I did not answer?— I did not say so. You said, “I am here,” or something in that way. How would he know you were there then?

8726 By the Commission— Mr. O'Connor asks, did you see Mr. Hare wounded?— I did; I saw him wounded.

8727 What did he say about Mr. O'Connor when he was wounded?— He said, “Where is O'Connor?” when he came down.

8728 By Mr. O'Connor— I did not ask you that question, what I asked you was this: was Mr. Hare wounded before you arrived; and you said, “Yes.” Mr. Graves asked you did you see Mr. Hare wounded; and you said, “Yes”?— I did not see him get the bullet, but I saw him after sticking the gun between his legs.

8729 That is not the question. Mr. Graves asked you did you see Mr. Hare wounded; and you said “Yes.” And I asked you did Mr. Hare come up after he was wounded; and you said, “Yes.” I only want a plain answer to this: was Mr. Hare wounded before you arrived–before you overtook him?— I do not think it.

8730 You do not think it?— No; I was not close to him.

8731 Then my question was: did you hear Mr. Hare speak?— I did hear him speak.

8732 Whom did he speak to?— I do not think he spoke to anyone in particular at that time till he turned round. After firing his shots he turned round.

8733 I have not come to that yet. Mr. Hare, you state, spoke to no one in particular–did he speak generally?— He spoke to me by name.

8734 That is somebody in particular?— Yes.

8735 Then he spoke to you?— Yes, he did, and to you.

8736 You state that he spoke to nobody in particular, and the next minute you say he spoke to you and to me by name?— I do not say so.

8737 You do?— You want to make me say so.

8738 By the Commission— The question is this: did you hear Mr. Hare say, “I am shot”?— I did.

8739 Did he say that to anyone in particular?— No, not at that time.

8740 By Mr. O'Connor— I ask then did not you hear Mr. Hare address me by name, and tell me that he was wounded?— He said to me, “Where is O'Connor?”

8741 That is a different thing altogether?— And you answered him.

8742 By the Commission— Did you consider that he spoke to you–addressed you, when he said that?— I did.

8743 By Mr. O'Connor— Did he call me by name; the witness has said that he called me by name, and said, “O'Connor, those beggars have shot me”?— Yes.

8744 You state that Mr. Hare left the railway platform?— Yes

8745 Did you accompany him?— No.

8746 How do you know he went back then?— I did not see him go down to the gate; I saw him go to the direction of the railway.

8747 You said in your evidence that he went to the railway?— Where did he go? he went in that direction.

8748 As you did not accompany him you say you do not know whether he went to the platform. He may have stopped short of it. You say then he came back again?— Yes, he came back again.

8749 Was not it quite possible that Mr. Hare never went to the platform?— His hand was bandaged up when he came back.

8750 I have witnesses to prove that he never left the platform after he arrived there?— You have no witnesses that can prove that.

8751 Again you say that you cannot tell whether he went to the platform or not; he went in that direction?— I saw him going in that direction.....

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