Royal Commission report day 41 page 8
The Royal Commission evidence for 2/8/1881
(see also introduction to day 41)
Const Thomas McIntyre giving evidence
14344 What was the special object of camping on this ground?— That I cannot say. I expected to go to Hedi. I was surprised at our camping. I asked Kennedy , in a jocular manner, why he -came there, and he said, “If we meet the other party of police, we will find they are out of tucker and they will eat us out.”
14345 Then, within your knowledge, are you aware what was the object of Sergeant Kennedy and Constable Scanlan in leaving you in charge of the camp and proceeding where they went to?— Well, I think it would be no unusual circumstance, if four men went out, for two to go and look at the neighboring country, because we had a pack-horse and tent, and it was necessary to leave some men behind to watch the place.
14346 I mean what object did you suppose the Sergeant and Scanlan had in leaving you at the camp there and in going in the direction they did?— Well, at that time I thought they were merely patrolling.
14347 For what object?— For the object of searching for the outlaws, or to make themselves acquainted with the unknown country, so that we could push forward the following day and know how to get back.
14348 Was there any previous information received, as far as you know, of the Kellys being in the neighborhood in which you were camped?— None, to my knowledge.
14349 Did Sergeant Kennedy give you in starting any specific instructions as to the course you were to adopt in his absence?— No.
14350 Did he give you any intimation whatever as to the object he had in view in going in the direction he did?— I recollect the only words he said he was going on patrol with Constable Scanlan .
14351 Did he say how long he would be absent?— He said possibly all night, because if they got lost they could not get home till morning.
14352 Did be take provisions?— Some lunch for himself and Scanlan; sufficient for that day.
14353 He gave you no information whatever as to the object they had in view?— None but what I have said.
14354 Did he caution you as to the necessity of being prepared for any sudden attack you would be liable to from the outlaws being in the neighborhood?— No; I do not think he could have apprehended any attack himself.
14355 Is it your opinion that he had no knowledge or suspicion the outlaws were in the neighborhood at that particular time?— Well, from what has come to my knowledge since, I do not know what to believe; I do not know what to think.
14356 You were left at the camp, and there were no instructions as to the course you were to take in case of a sudden alarm?— No.
14357 Do you mean to say you had no information given you as to the object your two comrades had in leaving you then?— None, except what I have said, on patrol to get acquainted with the country; that is my supposition. I imagined at the time, and do so still, that that was their object.
14358 Had there been any conversation between the officer in command of the party and the men of which the party was composed, as to the course that was to be pursued, the spots that were to be visited, and the objects in visiting?— No, there was no conversation with regard to that. We were all experienced men, and I suppose Sergeant Kennedy knew that.
14359 Was there no order or discipline of any kind in a party sent out for such a dangerous project as to capture dangerous men?— There were no orders that I can remember.
14360 Were they known at the time to be men of murderous propensities?— After the attack on Fitzpatrick certainly, but we never expected an attack. We thought they might defend themselves if we attacked them
14361 You went out, as far as you are concerned, under the impression that you were engaged on a dangerous project?— Yes.
14362 Were you armed?— Yes.
14363 With what?— Revolvers.
14364 What were the others armed with?— They each had a revolver, and we had a Spencer repeating rifle and a double-barrelled fowling piece; but they were carried on the pack-horse.....
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