Royal Commission report day 28 page 16
The Royal Commission evidence for 9/6/1881
(see also introduction to day 28)
[[../../people/peA/arthurJPC.html|Const James Arthur]] giving evidence
11338 You got placed you say by Senior-Constable Kelly?— Yes.
11339 What time was that?— About four o'clock
11340 Did you receive any orders from any one else during the forenoon?— None except from Mr.Hare before he left.
11341 What did he say?— When I was with him on the pilot engine he said, “Do not fire, boys, unless you are fired on, and if anybody falls do not mind him, do not wait to pick him up.”
11342 Did he give any instructions after he was shot?— Yes, he said, “Cease firing, the women are screaming. Kelly, for God's sake, take the men and go and surround the place.”
11343 Did he say Kelly or O'Connor?— He said Kelly first, and then O'Connor.
11344 What did you do then?— I was stationed; where I was I had a good position, and the others went round the house.
11345 Did you see Mr. O'Connor going round to surround the house?— No, I never saw him.
11346 When did you first see him?— Some time in the day; eleven or twelve o'clock.
11347 Did you know where he was?— Yes, I knew he was in the drain.
11348 How did you know?—Kirkham told me early in the morning. I said to Kirkham, “How did you not challenge those men who passed down?” I said, “It might be two of the outlaws.” He said first, “Phillips, where are you?” And I said, “Where were you when that man passed?” And I said, “The whole mob might pass for all you might know.” I left there then, and I said, “Where is Mr. O’Connor?” And he said, “Oh, he is up above the bridge in the drain.”
11349 Did he appear to be making fun of Mr. O’Connor as to his position?— No.
11350 What was your opinion; was he in a safe position?— He was safe, no doubt.
11351 Did you think he was able to do good service where he was?— I did not think so. I did not think he could shoot anybody that came out of the house.
11352 He could not be shot out of the house?— Oh ! no.
11353 McHugh must have passed round from the back to the front to reach you?— I had to run from my post to stop him.
11354 Had he to pass round to the front and between the trench and the hotel before you challenged him?— Yes.
11355 Then any one stationed in the trench could have seen McHugh pass before you saw him?— Yes.
11356 Passed through to the gate?— He had passed over the bridge and out on the railway when I challenged him.
11357 If any one was stationed in that drain and had the command of the hotel they ought to have challenged him long before you did?— Yes, they ought.
11358 Had you been in the position the black trackers were, would not it be your duty to challenge that man coming down towards you?— Yes.
11359 And you came from your post to see that man did not get away?— Yes.
11360 When did you first go up to the north-eastern district?— About the 12th June 1879.
11361 Who was in charge then?— Mr. Hare.
11362 Were you stationed at the depot?— Yes.
11363 Do you recollect the first party of men that were ordered from the depot on the 12th December of the previous year?— No, I was not amongst them.
11364 Do you know who could give us information who those men were who were ordered up then?— When they were delayed there?
11365 Yes?— I do not know the men's names, but I know the occurrence.
11366 From your own knowledge or hearsay?— From hearsay.
11367 The man who could give the information is dead—could any one else give the information?— No.
11368 Do you recollect there being a report that men were delayed at the depot after being ordered up to the north-eastern district?— I do.....
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