Royal Commission report day 25 page 11

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Story of the KellyGang - the Royal Commission Report

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The Royal Commission evidence for 2/6/1881

(full text transcription)

(see also introduction to day 25)

[[../../people/peD_G/gascoignePmc.html|Const Charles Gascoigne]] giving evidence

9770 Did you see Mr. Hare at all after you came through the gate and passed on with him?— I saw him after the first volley, and about ten minutes after.

9771 Was it after that he said he was wounded?— Yes.

9772 Does it occur to you that it was that shot that wounded him when the man took deliberate aim at him?— I could not swear it. I believe it was; that was the first time I heard he was wounded.

9773 After you knew he was wounded when did you again see him?— I never saw him again; he gave the order for Mr. O'Connor to place his men, and I never saw him after.

9774 Do you know the exact words he used when he gave the orders to Mr. O'Connor?— “O'Connor, place your boys, and for God's sake, do not let them escape.” He said, “Men, surround the house.”

9775 A separate order to the men?— Yes.

9776 Whom did you understand by the men; your party, was it?— Yes, or rather Superintendent Hare's party.

9777 Did you see Superintendent Hare shooting a second time?— He fired the first shot at the outlaws that was fired. I do not know whether he fired after or not.

9778 Had he previously instructed you not to fire till he fired?— Not on this occasion.

9779 Was that a portion of his instructions at any time?— No; he said, “Men, if there is anyone shot, outlaws or police, do not run to pick them up; let them lie.”

9780 That is not the question; did Mr. Hare at any time give you instructions never to fire till you were fired upon?— Not that I heard.

9781 Did you receive any orders from Mr. Hare or any one that on this occasion you were not to fire until you were fired on?— No.

9782 You used your own discretion as to when you were to fire?— Yes.

9783 Did you see Mr. Hare leave the ground after you found he was wounded?— No.

9784 Did you see Canny there?— I saw him about ten or eleven yards behind me, when I was coming through the gate.

9785 Did you hear Canny's evidence at Glenrowan?— Partly.

9786 Did you hear him say he went after this to the Wangaratta side?— I believe he was at the Wangaratta side, more towards that side on the railway side. I could not say whether he was on the Wangaratta side, over the fence.

9787 When Mr. Hare asked Mr. O'Connor to place the boys round the house, do you know whether he took any steps of that sort?— I never saw any.

9788 You do not know whether they were at the Wangaratta side?— I do not know where the men were.

9789 By Mr. O'Connor— In your written statement you stated that you were out with parties who had pack-horses and baggage?— Yes.

9790 Were you ever out with any of my parties?— No.

9791 Then you are not referring as to how I worked?— No.

9792 I believe you stated that, as to the shots fired by some person, who you thought were the blacks, it was not they you found afterwards?— Yes.

9793 How soon after the first volley did you hear Mr. Hare call out to me to surround the house?— It was within ten or twelve minutes, I believe.

9794 Did you hear Mr. Hare make any other remarks?— None whatever.

9795 Carn you remember hearing the engines going back towards Benalla?— I have a very faint I recollection of it.

9796 You were not very far from the line, were you?— Not very far.

9797 You could easily have heard them?— I could.

9798 You do not remember?— I remember there was a train went, but not the time.

9799 Was it very long after we had arrived there and taken our positions?— It might have been half or three-quarters of an hour.

9800 I believe you said that the black tracker named Jimmy fired at a man running out?— No, I stated that one of the trackers told me he could see his mate Jimmy firing. Of course that is only hearsay

9801 Did you see the trackers?— In the morning?....

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