Royal Commission report day 41 page 7
The Royal Commission evidence for 2/8/1881
(see also introduction to day 41)
Const Thomas McIntyre sworn and examined
14319 By the Commission— What are you?—Mounted trooper.
14320 Were you at the Wombat Ranges at the time that Kennedy , Scanlan, and Lonigan were shot?— I was.
14321 You were one of the four?— Yes, I was.
14322 I see that you have retired from the force, on account of ill health?— Yes.
14323 The papers have been sent down to us, asking us to look over the matter and to report as to the special circumstances of your case?— Yes.—[The papers were read ]
The Chairman stated that, after due deliberation, the Commission had decided that it did not come within the scope of their enquiry to deal specially with this one case as requested.
14324 Before you went out that time to search for the Kellys in the Wombat Ranges, had you any knowledge of any circumstances that led to that outbreak in the district, or did you just go out without any previous knowledge of the Kellys?— I had no previous knowledge of the Kellys except through the medium of the Police Gazette and the newspapers.
14325 Then you are not in a position to give the Commission any information as to what led to the outbreak?— No.
14326 Had you been stationed in the district long?— I was there twelve months, but the criminals came from a different district, and the crime was not committed in the police district in which I was.
14327 Then you have nothing to tender as to whether the withdrawal of the police protection from some parts, or the interference of the police unnecessarily, had anything to do with it?— No, that is altogether beyond my knowledge.
14328 You were present at the time when your comrades were shot?— I was.
14329 What time of the day was it?— About five o'clock in the afternoon.
14330 If the reports are to be relied upon, it is stated the police were scattered all round about; some of you were away?— Yes, that is true.
14331 And some of you were shooting at parrots?— Yes.
14332 You were the only one in the camp?— I and Lonigan were in the camp; the other two were out on patrol.
14333 Were there any regulations bearing you out?— No.
14334 What were your instructions when you were sent out?— The instructions I learned from Sergeant Kennedy were that we were to meet a party of police at Hedi, and after a consultation we were to search the bush.
14335 In the meantime you did not anticipate any danger when you were out?— No.
14336 You were just travelling through the country in the usual way?— Yes.
14337 In fact the attack upon you was a complete surprise?— A complete surprise.
14338 You never knew of your own knowledge that any policeman was charged with any wrong towards the Kellys ?— No, I did not.
14339 You and Lonigan were left at the camp?— Yes.
14340 Whilst Kennedy and Constable Scanlan went away?— Yes.
14341 Can you inform the Commission what led to the separation of the party, or what object Kennedy and Scanlan had in separating from the party on this occasion?— Well, Sergeant Kennedy told me he would patrol that day, and he told me to do the cooking during his absence, and Lonigan to mind the horses, and he and Scanlan would patrol the neighboring country about.
14342 Did he specifically describe to you or your comrade the object of their leaving you on that occasion in the patrol they were about to make?— No, I think not; but we understood he was going out patrol to make himself acquainted with the surrounding country, for the purpose of pushing further into the country.
14343 Not to catch the Kellys ?— No.....
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