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Royal Commission report day 19 page 40

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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="rc6980">[[#rc6980|6980]]</span> By whom?— By Mr. Sadleir.

<span id="rc6981">[[#rc6981|6981]]</span> Specially appointed to take the duties of another man who had been relieved?— Yes.

<span id="rc6982">[[#rc6982|6982]]</span> Were you not informed by Mr. [[Sadleir|Sadleir]] that Mr. [[O'Connor|O'Connor]] was your superior officer in that position?— No, I think not.

<span id="rc6983">[[#rc6983|6983]]</span> Then, in point of fact, though you were there to do duty with the black trackers under Mr. O'Connor, you would recognise [[SConst John Kelly|Senior-Constable Kelly]] as the superior officer; as far as you alone were concerned, was not Mr. O'Connor your superior officer?— Yes.

<span id="rc6984">[[#rc6984|6984]]</span> Would you, if Mr. O'Connor gave an order, disobey it if Senior-Constable Kelly gave another order?— Under those circumstances I would scarcely know what to do.

<span id="rc6985">[[#rc6985|6985]]</span> Did you consider Mr. O'Connor your superior officer while you remained here with the trackers?— Yes.

<span id="rc6986">[[#rc6986|6986]]</span> Did you ever enquire with yourself whether Mr. O'Connor was your superior officer or not?— No, I just obeyed; I did not enquire that.

<span id="rc6987">[[#rc6987|6987]]</span> Mr. O'Connor having gone out of the district, and, so far as you knew, being about to sail for Queensland, would you consider yourself under him when he came back with the black trackers to Glenrowan, or would you consider yourself under Senior-Constable Kelly?— If Senior-Constable Kelly had given me orders I should have obeyed them.

''Mr. Hare'' — This man has only been in the force about eighteen months or two years before this. He was a recruit at that time.

<span id="rc6988">[[#rc6988|6988]]</span> ''By the Commission''— You looked upon Mr. O'Connor, at all events, as having left the Victoria police when he was going to Queensland?— I did.

<span id="rc6989">[[#rc6989|6989]]</span> You said you saw Mr. Hare sitting on a log, wounded?— Yes.

<span id="rc6990">[[#rc6990|6990]]</span> Did he ask you to render him any assistance?— No.

<span id="rc6991">[[#rc6991|6991]]</span> Or to go for the doctor?— No.

<span id="rc6992">[[#rc6992|6992]]</span> Or to send for anybody?— No.

<span id="rc6993">[[#rc6993|6993]]</span> You considered him badly wounded?— Yes, apparently he was.

<span id="rc6994">[[#rc6994|6994]]</span> Did you suggest anything to him?— No, I did not.

<span id="rc6995">[[#rc6995|6995]]</span> If you had been called upon to rush this house, you would have been perfectly willing to have gone with a party before it was set on fire?— When we got orders to that effect we would have obeyed them.

<span id="rc6996">[[#rc6996|6996]]</span> With regard to the black trackers and Mr. O'Connor, you were out frequently with them?— Yes.

<span id="rc6997">[[#rc6997|6997]]</span> And you had many conversations with the black trackers?— Yes.

<span id="rc6998">[[#rc6998|6998]]</span> Had you any conversations with the black trackers after Mr. O'Connor left, I mean the Queensland trackers?— They went with him.

<span id="rc6999">[[#rc6999|6999]]</span> Were you out with them without Mr. O'Connor, ever?— Yes, on plenty of occasions.

<span id="rc7000">[[#rc7000|7000]]</span> Did you have any conversation with them with regard to Mr. O'Connor, as to trig ability and how they liked him?— No, never.

<span id="rc7001">[[#rc7001|7001]]</span> They never expressed an opinion?— No.

<span id="rc7002">[[#rc7002|7002]]</span> Never made any remark of what they thought of Mr. O'Connor?— No.

<span id="rc7003">[[#rc7003|7003]]</span> Do you think they liked him generally?— Yes.

<span id="rc7004">[[#rc7004|7004]]</span> They always obeyed his directions at that time or any other?— Yes.

<span id="rc7005">[[#rc7005|7005]]</span> You are now in charge of the black trackers in Benalla?— Yes.

<span id="rc7006">[[#rc7006|7006]]</span> Have those men here now been with the other trackers, or do they know nothing of them?— They know nothing of them.

<span id="rc7007">[[#rc7007|7007]]</span> Have you had much practice with firearms since you have been in the force?— Yes a lot of practice.....

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