Royal Commission report day 26 page 23
The Royal Commission evidence for 7/6/1881
(see also introduction to day 26)
Mr John McWhirter giving evidence
10487 How do you know he was?— When Constable Kelly came to the back with the rifle and was asked where you were, he replied, “In the drain,” and he came back and said, “He would not come out of the drain when I asked him, and I had to place the men myself.”
10488 Whom did he say this to?— On the platform.
10489 Whom to?— I believe it was to me he said it.
10490 Had you seen Senior Constable Kelly before?— Yes, I had spoken to him twice; first of all at the murder at Schnapper Point, and I had seen him in Benalla once or twice.
10491 By the Commission— How many years ago was the murder at Schnapper Point?— The Hastings murder—about four or five years ago.
10492 By Mr. O'Connor— You have given a very free opinion of your own as to my position — did you take into consideration, when you made that statement, the time at which the first rush was taken, the circumstances under which it was?— No, I was simply asked. I based my opinion in this way—I was
10493 An officer or a man was the question— a position for keeping the outlaws in the hotel, and you gave your opinion that you did not think it a good position. Now, considering this, did you take into consideration the time at which the rush was made and the meagre information we had, and not knowing the ground—was it not, under those circumstances, a very good position to take to prevent the outlaws from escaping?— No, certainly it was not.
10494 If you had been in my place, where would you have gone, will you tell the Commission — you can give your opinion about that just as well as the other, I suppose ?— My courage has never been tested, and I cannot say what it would be under the circumstances—I can only imagine.
10495 What would you have done ?— I would have done as Senior-Constable Kelly did.
10496 What did he do ?— He occupied positions in which he could observe the gang had they left the hotel.
10497 He was round at the rear most of the time ?— Yes.
10498 How about the front of the house; if I had been round there also—by your opinion I ought to have been round where Kelly was—what would you have said if they had come out at the front if there had been nobody there ?— It would have given the reporters an opportunity to distinguish themselves.
10499 By the Commission— Did you see any particular reporter go out with a body of police during the day and act with them ?— No, I did not.
10500 Were you or any of the reporters out upon the ground during between the time of the arrival of the Benalla train and the burning ?— Mr. Melvin, myself, and Mr. Allen were all out.
10501 Where did you go to ?— Round the Wangaratta side of the place in company with the others. Then after that, before the burning of the place, I went up by myself on the Benalla side of house, near where Mr. Sadleir was at the time the house was set fire to. He was behind a tree.
10502 Did you see Mr. O'Connor on that occasion ?— I did see Mr. O'Connor on that side on one occasion, but I forget whether it was then or before that.
10503 Where was he when you saw him ?— I think he was with Mr. Sadleir.
10504 Was that in the trench or at the tree ?— At the tree.
10505 By Mr. O'Connor— You stated when the prisoners were coming out of the house you saw me with Mr. Sadleir ?— Yes.
10506 What time would that be about ?— Half-past ten.
10507 Was that the first time you saw me after the rush?— Yes.
10508 Did you know from hearsay where I was before?— Yes, and from personal observation-both.
10514 And you saw me get into the position at that time ?— Yes.
10509 When did you see me first ?— At the time of the first rush.
10510 Do you mean to say you rushed up with the police at that time ?— I did not rush up with the police at that time; the police were in advance of me.
10511 Did you see me take up my position ?— I saw you get into the drain.
10512 Where were you ?— I was near Stanistreet's place at the time.
10513 How did you get to that position ?— I followed up the police, almost with them; I was just a yard or so behind some of the men.
10515 That would be at the first go off?— Yes.
10516 Would you show on the plan where that position was?—[The witness did so.]
10517 And in your opinion that was the one I retained throughout, or have you any cause to doubt it?— I have no cause to doubt that; that was the position you maintained till the morning was well advanced.
10518 Did you ever go into that position of mine in the trench before any subsequent rains?— Yes; I went into it on the day after the fight.
10519 You could see the whole front of the house?— I could not.
10520 Why not?— Because your eyes were about level with the ground, and the fence also stopped your view of the place.
10521 Could you not see the house from the position ?— You could see the house.
10522 Could you not see people going in and out?— With an effort.
10523 What effort?— By raising on tiptoe.
10524 By the Commission— Did you see the top rail of the fence riddled with bullets?— Yes.
10525 On which side?— Between the house and the position in the drain occupied by Mr. O'Connor.
The witness withdrew
Adjourned to to morrow at Eleven o'clock
[~[[See report of Proceedings 7/6/1881]|6222]~]
See next day
8/ 6/1881 ....
Previous page / Next page
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
The previous day / next day . . . Royal Commission index RC_index.html
