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Royal Commission report day 19 page 29

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== The Royal Commission evidence for 13/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 13/5/1881|day 19]])

'''[[Kirkham|Const Thomas Kirkham]] '''giving evidence''''''

<span id="rc6628">[[#rc6628|6628]]</span> Did you understand immediately you arrived [[Glenrowan|Glenrowan]] that the Kellys were in that house?— Yes. When the train got within a little distance of Glenrowan somebody came and told us the Kellys were there waiting for us.

6629 So you were there from the very first?— I was.

6630 At what time did the firing commence?— Shortly after I got there.

<span id="rc6631">[[#rc6631|6631]]</span> It would be somewhere about half-past three?— Yes, or a little before that.

<span id="rc6632">[[#rc6632|6632]]</span> What were the orders given to you?— We had not been on the platform a very few minutes when I was holding half a dozen horses, and I heard Mr. [[Hare|Hare]] call out, “Let go the horses and come on,” and I let go the horses and went towards the house.

<span id="rc6633">[[#rc6633|6633]]</span> What happened then?— I saw Mr. Hare running up towards the house, and Mr. [[O'Connor|O'Connor]] started shortly after him, they had not gone far when Mr. Hare got in advance and got across the fence, and I followed up and got across the fence too, and then the firing commenced.

6634 Where was the firing from?— From the house.

<span id="rc6635">[[#rc6635|6635]]</span> Inside or outside?— I think from the verandah.

<span id="rc6636">[[#rc6636|6636]]</span> Did you hear anybody calling out then from the house; did the outlaws call out?— The volley was returned by the police.

<span id="rc6637">[[#rc6637|6637]]</span> What occurred then?— I saw Mr. Hare shot then, and sitting on a log, and I went further round to the left.

<span id="rc6638">[[#rc6638|6638]]</span> You did not go to speak to Mr. Hare?— Yes, I did. I asked him what was the matter, and he said he was shot on the wrist, and I left him sitting on a small log that was close by.

<span id="rc6639">[[#rc6639|6639]]</span> Was he not in a dangerous position sitting on the log, exposed to their fire?— Yes, he was exposed to their fire.

<span id="rc6640">[[#rc6640|6640]]</span> Do you know whether he left the ground then?— No, I do not. I do not know when he left. I went round and took up a position by a tree, and I saw [[Const W Phillips|Phillips]] and [[Gascoigne|Gascoigne]]. I think they came shortly after.

6641 What quarter of the house?— The Benalla end.

6642 That is to the south?— Yes.

6643 What arms were you using?— The Martini-Henry rifle.

6644 Did you fire very often?— I did.

6645 Who gave you instructions after you took up your position?— Nobody.

<span id="rc6646">[[#rc6646|6646]]</span> Before you took up your position?— When I left, Mr. Hare said, “For God's sake do not let them get away”; that was all the orders I received from anybody.

<span id="rc6647">[[#rc6647|6647]]</span> Did you see Mr. Sadleir or Mr. O'Connor?— Mr. Sadleir had not arrived then.

<span id="rc6648">[[#rc6648|6648]]</span> Did you see Mr. O'Connor?— No, I did not. I saw him running after Mr. Hare while crossing the fence, but did not see him again for some time. He went from the railway station towards the house, but I did not see him again for some time.

<span id="rc6649">[[#rc6649|6649]]</span> Where did you see him next?— After the first firing ceased. I had no ammunition.

<span id="rc6650">[[#rc6650|6650]]</span> What time was that?— I suppose about three quarters of an hour after our arrival on the ground.

<span id="rc6651">[[#rc6651|6651]]</span> That was about half-past four before Mr. Sadleir arrived?— Yes, before that.

<span id="rc6652">[[#rc6652|6652]]</span> What did you do then?— I told Phillips and Gascoigne that I was going to the railway station to try and get more. I got down towards the station, and I met [[SConst John Kelly|Senior-Constable Kelly]] and asked him what he had done, and he said he had sent to Benalla for more men; and I asked him if he had any more ammunition, and he said; “No, he had none to give me.” At that time a woman came out of [[Jones' Glenrowan Inn|Mrs. Jones's]], and some more women. Mr. O'Connor challenged them.

<span id="rc6653">[[#rc6653|6653]]</span> You saw him then?— No, I heard him.

<span id="rc6654">[[#rc6654|6654]]</span> Where was he?— The other side of the fence from me.

<span id="rc6655">[[#rc6655|6655]]</span> Nearer the house than you?— Yes.

<span id="rc6656">[[#rc6656|6656]]</span> Nearer Mrs. Jones’s?— Yes, nearer the front door.....

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