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Royal Commission report day 19 page 37

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Story of the KellyGang - the Royal Commission evidence

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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="rc6891">[[#rc6891|6891]]</span> How many of the men were at that spot?— Only myself and two black boys, Constable [[Const William Canny|Canny]], and Mr. [[O'Connor|O'Connor]].

<span id="rc6892">[[#rc6892|6892]]</span> Did any of you take any of those provisions you brought from the railway station?— I think the boys had a bit of bread. —

<span id="rc6893">[[#rc6893|6893]]</span> How long did you remain in the trench after that?— Half an hour or an hour.

<span id="rc6894">[[#rc6894|6894]]</span> Did you see the women leave the hotel and the civilians?— Yes.

<span id="rc6895">[[#rc6895|6895]]</span> Where were you at the time they left?— Standing about ten yards further down from where Mr. O'Connor and I had been.

<span id="rc6896">[[#rc6896|6896]]</span> In the trench?— No, out of it.

<span id="rc6897">[[#rc6897|6897]]</span> Exposed to the fire of the outlaws from the hotel?— Yes.

<span id="rc6898">[[#rc6898|6898]]</span> With nothing intervening between you and the hotel to prevent you being shot?— Only a three-rail fence.

<span id="rc6899">[[#rc6899|6899]]</span> Was there any great firing from the hotel, from the time Mr. Sadleir came until the women were released?— I do not think there was.

<span id="rc6900">[[#rc6900|6900]]</span> Did you see the women coming from the hotel?— Yes.

<span id="rc6901">[[#rc6901|6901]]</span> You were then about ten yards from Mr. O'Connor?— No, not then.

<span id="rc6902">[[#rc6902|6902]]</span> Where were you?— Away from Mr. O'Connor, at the Benalla end.

<span id="rc6903">[[#rc6903|6903]]</span> What time was it the women came out?—

<span id="rc6904">[[#rc6904|6904]]</span> ''Mr. Sadleir''— Had the women come out before I arrived?— As far as I can recollect they came out shortly after the first firing.

<span id="rc6905">[[#rc6905|6905]]</span> Did say of them speak to you?— No.

<span id="rc6906">[[#rc6906|6906]]</span> Then after [[Sadleir|Mr. Sadleir]] came and you went back with the provisions, that would be some-where about daylight in the morning; you remained in the trench till daylight, was that so?— Yes.

<span id="rc6907">[[#rc6907|6907]]</span> What were you doing between daylight in the morning and eleven o'clock ?— I was talking to some of the men at the Wangaratta end, and changing about at that end.

<span id="rc6908">[[#rc6908|6908]]</span> What was the use of your changing about; were you sent with instructions from the officers to talk with those men?— No.

<span id="rc6909">[[#rc6909|6909]]</span> What practical use were you then between daylight and eleven o'clock ; you stated you had no ammunition served out till eleven o'clock , and you were from about four in the morning till eleven without a single charge?— Yes, only my own two revolvers.

<span id="rc6910">[[#rc6910|6910]]</span> Did you fire those?— No.

<span id="rc6911">[[#rc6911|6911]]</span> What practical use were you on the ground if you were not instructed by the officers to give instructions to the men, from daylight till eleven o'clock ?— I was on the Wangaratta end at that time.

<span id="rc6912">[[#rc6912|6912]]</span> Did you tell Mr. Sadleir when he arrived you were out of ammunition?— I do not remember.

<span id="rc6913">[[#rc6913|6913]]</span> Did you go down at eleven to see if any had arrived?— I did not, I heard that some men did.

<span id="rc6914">[[#rc6914|6914]]</span> Did you stop behind a tree or anywhere till that time?— I was with the men.

<span id="rc6915">[[#rc6915|6915]]</span> You were on the ground all day, from the early morning till the hotel was fired in the afternoon?— Yes.

<span id="rc6916">[[#rc6916|6916]]</span> All the time?— Yes.

<span id="rc6917">[[#rc6917|6917]]</span> You saw the firing from the hotel, when you arrived in the morning?— Yes.

<span id="rc6918">[[#rc6918|6918]]</span> How long was that continued from the hotel from the first thing in the morning, because you were a close observer, you had no charges yourself and could see whether the firing was coming from the hotel?— I could not say when I saw the last firing from the house.

<span id="rc6919">[[#rc6919|6919]]</span> When did the male prisoners leave the hotel?— About ten.

<span id="rc6920">[[#rc6920|6920]]</span> Was there any firing immediately before that?— I think there was.

<span id="rc6921">[[#rc6921|6921]]</span> Can you swear whether there was or not?— I cannot.

<span id="rc6922">[[#rc6922|6922]]</span> Were you in a position to observe that?— They may have been firing without my knowledge.

<span id="rc6923">[[#rc6923|6923]]</span> Were you not watching?— Yes.

<span id="rc6924">[[#rc6924|6924]]</span> And you cannot say?— No.....

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