Royal Commission report day 27 page 8
The Royal Commission evidence for 8/6/1881
(see also introduction to day 27)
Allen giving evidence
10722 Not clear enough to distinguish individuals?— No.
10723 Were you able to distinguish Mr. Hare, who is a very tall man?— No; you could not distinguish them clearly, you could just see the forms, that is all. The police scattered apparently on that volley being fired, and replied at once very warmly—a pretty warm fire was exchanged for a few minutes. The police scattered, and took up some positions, but immediately after the first volley, Mr. Hare to the platform, wounded, and after having his arm bandaged up, returned back to the field.
10724 How long might that have been from the time he left the platform till he returned?— About eight or ten minutes.
10725 Before Mr. Hare returned to the platform, and after the first volley was fired, did you hear him or any one else giving any instructions to the police?— No.
10726 Was it possible for you to have heard, if you had been paying attention, anything that was said from that distance?— It was a still quiet night, and the slightest word could have been heard a long distance off.
10727 Although you did not hear any orders given by any one, it was possible for any one to hare heard orders given if they had been given?— Yes.
10728 If those orders had been given while the firing was going on could you have heard?— Not while the heavy fire was going on, but during the desultory fire I could.
10729 Did the desultory firing follow the general volley first given?— Yes, and was proceeding while Mr. Hare was on the platform.
10730 Did Mr. Hare go back?— Yes, immediately upon his wound having been tied up. I did not take any part in it. I was looking on. The other reporters, I think, tied up his arm.
10731 How long was he away the second time?— About five or six minutes—a few minutes only. I could not exactly say to the minute.
10732 Had he time to go up to the wicket gate again and do anything and return?— He had time to go to his men—to where I saw his men, and return, but nothing more. He may have fired a shot or two—it is quite possible—a great deal of firing was going on from the trench. He had his gun with him.
10733 It would not take him more than a quarter of a minute to load his gun and fire?— Oh, no, not as much as that—two or three seconds. After being away a few minutes, Mr. Hare again returned and complained that he was very weak and losing a lot of blood; and arrangements, which have been already described, were made, and he was forwarded to Benalla on the engine. Mr. Melvin went to arrange for the engine to take him back, and it came alone the station to the platform for the purpose, but a heavy fire was opened between the police and the gang at the time, and the engine proceeded on to Benalla without waiting for Mr. Hare.
10734 Did you look upon that as the desire of the driver to get out of the way?— I thought so at the time.
10735 Did it occur to you it might have been a mistake of the orders?— I understood the orders were definite and could not be misunderstood—they were to take Mr. Hare back to Benalla, and instead of doing that they proceeded directly back themselves.
10736 We have it in evidence that the order was two-fold—to take Mr. Hare and bring up reinforcements?— Yes.
10737 Mr. Hare went back on the second engine a few minutes after—Senior Constable Kelly took charge, I understand, in his absence—did the reporters generally understand that Kelly had charge?— Yes.
10738 Did you see him making any arrangements?— Oh yes, going from position to position, instructing the men; he made several circuits of the whole position, some distance back from the house, and frequently visited the platform for ammunition and to make enquiries.
10739 In fact, according to your notion at the time, he was taking fair oversight of the whole proceedings?— That was my impression then, and nothing has occurred since to shake it.
10740 Were you present at the taking of Ned Kelly?— Yes.
10741 You heard the description of that from different parties?— Yes.
10742 I suppose that is tolerably correct?— Yes; the description in this morning's paper given by Mr. Melvin is the most accurate, to my notion.....
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