Royal Commission report day 28 page 11

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The Royal Commission evidence for 9/6/1881

(full text transcription)

(see also introduction to day 28)

[[../../people/peA/arthurJPC.html|Const James Arthur]] giving evidence

11186 It has been stated that he took deliberate aim with his arm and hand?— That is not true. He held it in that position—he did not raise his hand up at all. It was like that—[indicating same].

11187 Did you form the impression he was wounded?— It seemed as if he could not lift his hand; and after Montifort and Healey fired he shifted his hand, and held the right hand with the left.

11188 So as to steady it?— Yes. He was more dead than alive when he came out.

11189 Do you know where he came out of the house?— I could not tell.

11190 You do not know anything about how he got out?— No. After we were firing the second volley, there was a man came out from the yard, and as he came out there were two rockets let up between the railway station and McDonald's, and I was looking round to where they went off, and there was some firing went on then, and as I turned round I saw this man going out. I do not know whether it was Ned Kelly .

11191 We never heard of rockets?— Constable Gascoigne can tell about that. I think it was some sympathizers letting them know they were attacked by the police. One was very faint, and the other was a large one.

11192 Did you form any opinion about the taking of those men, whether the whole time of that night and day should have been spent on it?— Yes; it could not have been done any other way, without the loss of life. If we had gone in we would have been shot.

11193 Was there any offer to rush the house?— Yes.

11194 Would the police have been willing to?— Yes; in fact, if they had not fired the first shot, we would have been in the house in the morning.

11195 If Inspector Hare had not been shot, would he have gone into the house?— Yes, if they had not have fired. If they kept quiet we would have been right into the house.

11196 How long would it have taken you to get there?— About five strides we would have been into it.

11197 What distance were you from it when you first fired?— About twenty yards, and we were running.

11198 You were running from the wicket-gate to the hotel?— Yes.

11199 Were you half way through;—Yes, just on the corner of the fence when the first volley came, and we stopped and returned the fire.

11200 Where was Mr. O'Connor at the time?— I did not see him.

11201 Do you know who were outside the railway gate when the first volley was fired?— The only one I could recognize was Gascoigne ; I could not any others.

11202 The only one you could recognize was Gascoigne ?— Yes.

11203 Where was Mr. Hare ?— I saw him and three others besides myself, but I could not tell who they were.

11204 You could not tell whether they were either of the black trackers?— No.

11205 Did you see Mr. O'Connor outside the gate?— No.

11206 Did you see him leave the platform?— No.

11207 Did you leave before him?— I could not say.

11208 Are you sure he was not in advance of you?— I would not swear he was or he was not.

11209 Did you see Mr. O'Connor after in the day?— I saw him, after Kelly was taken, with Mr. Sadleir .

11210 Do you know where he was stationed before that?— No.

11211 Did Mr. Hare give any orders after he was shot?— Yes; I heard him call out, “ O'Connor”; and then the next was to bring out his boys and surround the place, and, for God's sake, not to let them escape—he was wounded and must go.

11212 Did you hear Mr. Hare give any other orders?— No, I did not.

11213 Did he say, “Cease firing”?— That was before he left, but not after he gave those orders to Mr. O'Connor . He never gave any others. The first was to cease firing and to let the women out, and then he went to Mr. O'Connor and gave that order to him.....

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