Royal Commission report day 5 page 4
The Royal Commission evidence for 30/3/1881
(see also introduction to day 5 )
Stanhope O'Connor giving evidence.
1117 How many were the party?- I should think about seven in the first rush up to the hut. Before I could load my rifle, which was a breech loading Snider, Mr. Hare out to me the words which I stated here- "O'Connor, I am wounded, shot in the arm; I must go back." This Mr. Hare did, and I may say I am giving him ample margin when I say he was five minutes on the field, that is at the front in the fight.
1118 He was not over that?- Not over that certainly. In Mr. Hare's printed report he states that he spoke to the men and ordered them to stop firing. "I was struck by the first shot, and my left arm dropped helpless beside me. The firing was continued on both sides with great determination for about five minutes, when it ceased from the verandah, and screams from men, women, and children came from the inside of the house. I at once called on my men to cease firing, which they did." I deny that statement most emphatically. Mr. Hare went back, I do not know for certain whether he went to the station as I stated in my written statement, at any rate he left the front, but whether he went to the platform or the station I did not know from my own knowledge at the time, but he did not return again to the front. And it was I who gave the order for the men to take cover, and it was I who, upon hearing the cries of the women, gave the order to cease firing. It was I who called out to the women to come out. I never heard Mr. Hare speak after he left the front.
1119 What did you say in telling them to come out?- I sang out- "Cease firing," and I had to continue that for some seconds, some long time until the firing ceased, and then I sang out- "Let the women out, let the women out;" and the cry was taken up round the line by the men, and a few minutes after the women passed out immediately on my left. There was one man between Constable Kirkham, he was immediately on my left at the time, and I challenged the women to see there were no outlaws getting out, and he challenged them also.
1120 How near were you to them?- I imagine it was about the width of this room off where the women passed out. That was the first intimation that I received, and I may say, on the part of the other men, that any man received, of there being other than outlaws in the house. Mr. Hare also states that he loaded and fired his gun several times after the shot wound; this I must emphatically deny. I will in due time bring one, if not more, witnesses to prove what I state. After Mr. Hare left, I suppose- I will not swear, but I suppose-ten minutes or a quarter of an hour intervened before I saw one of the engines going back towards Benalla. This engine was followed immediately, within five minutes, by the second engine.
1121 What was the time that the first went?- I could not tell the exact time; it was after Mr. Hare left the front and retired. This second engine, subsequently, I found contained Superintendent Hare, which, I think, he admits in his evidence. I at this time - just about the time that Mr. Hare was going away - saw that we were most recklessly exposing our lives, and, as I stated, ordered the men to take cover. I dropped into a little gully that was running past the front of the house. My men were on each side of me. I had only five with me, as you may remember one had been taken away. If I may be allowed to guess at the time, about half an hour or three quarters of an hour after I had taken cover, a bullet struck a piece of wood in front of my position, which at once showed me that I was not in a secure place. I then followed the drain or gully down until I came to the position which I never left until I was superseded by Mr. Sadleir. I may state my men-two of them-eventually, during the morning, came to me in this place, and from this position I commanded the whole of the house, and I was convinced that no living man could get out of the front of this house without my knowledge.
1122 Had you pretty good proof at this time that all the persons other than the Kellys were out of the house?- I cannot tell the time, but I will refer to that presently. While I was in this second position, Senior Constable Kelly came to me and said- "O, my God, I believe the outlaws have all got away." My reply to him was- "I will swear they did not get out at the front, as I have never left this place from the first attack." I asked him why he thought so, and he replied- "As I was passing round at the rear of the hut, about a hundred yards from the back door, I came upon a rifle all covered with blood, and a skull cap. I believe the rifle to be one of the Kelly's, as it is a revolving rifle. It looks very like as if the outlaws had got away."
1123 It was daylight at this time?- I do not think so; I could not be sure. Upon another occasion, subsequently to this one, Senior Constable Kelly again came to me and said- "I hear that there are 40 prisoners in the kitchen of the hotel." I asked him who told him, but I do not wish to say positively who it was, but I believe it was Constable Braken, or he had heard it from some man that Constable Braken had told him.
1124 Can you say the time?- No, I could not make the attempt. I remembered ten o'clock seemed to me to be four o'clock in the evening.
1125 You do not know whether it was daylight at the time?- I would not like to state.
1126 It was after several volleys had been fired from your men?- Of course. Oh, certainly. Mr. Sadleir then arrived, and made his way up to my position, and we had some conversation.
1127 He was not on the ground before this?- Not when this was told me.
1128 Was he on the ground before he came to you?- I believe he came straight to me.
1129 Did Mr. Sadleir arrive at this period?- No; not when I took my second position. When he came to me and showed himself to me, and I saw he was there, he took command. ...
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