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Royal Commission report day 19 page 44

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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="rc7096">[[#rc7096|7096]]</span> Mind you said you left behind him—did you not see him leave from behind me?— I saw him leave the platform with you; where he went I do not know.

<span id="rc7097">[[#rc7097|7097]]</span> Did he go up to the house with me?— I did not see him.

<span id="rc7098">[[#rc7098|7098]]</span> How many rounds of ammunition did you take with you from the train when you started?— Twenty.

<span id="rc7099">[[#rc7099|7099]]</span> Where did you expend that ammunition?— Most of it between [[Const W Phillips|Phillips]] and [[Gascoigne|Gascoigne]].

<span id="rc7100">[[#rc7100|7100]]</span> Was that in the front or left?— On the Benalla side.

<span id="rc7101">[[#rc7101|7101]]</span> That is the left of the house?— Yes.

<span id="rc7102">[[#rc7102|7102]]</span> Do you know how long the men were firing before I called out, “Surround the house”—how long after I was shot—to prevent the Kellys escaping?— I do not remember that.

<span id="rc7103">[[#rc7103|7103]]</span> ''By the Commission''. —Just a moment, when you spoke to Superintendent Hare, and you said he seemed to be suffering much, how long was that after the first volley was fired?— Three or four minutes.

<span id="rc7104">[[#rc7104|7104]]</span> Did he not then tell you to surround the house to prevent the Kellys escaping?— Yes, to do the best I could, for God's sake not to let them escape.

<span id="rc7105">[[#rc7105|7105]]</span> ''By Mr. Hare''— Whereabouts is this log situated, was it between the fence and the house?— To the front and left.

<span id="rc7106">[[#rc7106|7106]]</span> How far was it from the place I was shot at?— It may be fifteen yards.

<span id="rc7107">[[#rc7107|7107]]</span> Nearer the railway station or the hotel?— Nearer the station.

<span id="rc7108">[[#rc7108|7108]]</span> Had I retreated?— As far as I remember.

<span id="rc7109">[[#rc7109|7109]]</span> Do you remember Ned Kelly and all the [[KellyGang|outlaws]] retreating into the hotel?— Yes.

<span id="rc7110">[[#rc7110|7110]]</span> Was I standing opposite the hotel when they retreated?— I could not say.

<span id="rc7111">[[#rc7111|7111]]</span> ''By the Commission''— Did you see Mr. Hare standing there when they retired?— I could not say. I was further round to the left.

<span id="rc7112">[[#rc7112|7112]]</span> ''By Mr. Hare''— I suppose you were excited a little during the firing?— I was.

<span id="rc7113">[[#rc7113|7113]]</span> Did you take notice of anybody who was next to me, or whether I fired many shots?— No, I could not say.

<span id="rc7114">[[#rc7114|7114]]</span> Had you not enough to do to look after yourself?— I had enough to do to look after myself.

<span id="rc7115">[[#rc7115|7115]]</span> Was my hand bandaged when you saw me sitting on the log?— No.

<span id="rc7116">[[#rc7116|7116]]</span> I had not been to the railway station then?— No, I think not.

<span id="rc7117">[[#rc7117|7117]]</span> Are you sure of that?— Whether it was not bandaged?

<span id="rc7118">[[#rc7118|7118]]</span> Was there not a handkerchief on my arm?— I could not see it.

<span id="rc7119">[[#rc7119|7119]]</span> You do not know whether it was after my hand was bandaged or not?— No.

<span id="rc7120">[[#rc7120|7120]]</span> ''By the Commission''— You stated in your evidence it was about six minutes after you left the platform you saw Mr. Hare sitting on the log?— I do not remember saying that.

<span id="rc7121">[[#rc7121|7121]]</span> How far would Mr. O'Connor be in the drain from where, Mr. Hare was wounded?— It might the twenty-five or thirty yards, as far as I know.

<span id="rc7122">[[#rc7122|7122]]</span> You did not see Mr. O'Connor after you left the railway, and Mr. Hare went to the front?— Not till I was going to the railway station for ammunition.

<span id="rc7123">[[#rc7123|7123]]</span> How far was it from where Mr. Hare was wounded?— Twenty-five or thirty yards, I should think

<span id="rc7124">[[#rc7124|7124]]</span> Did you see Mr. Hare wounded; did you know he was shot when the volley was fired?— I heard him say he was shot.

<span id="rc7125">[[#rc7125|7125]]</span> Did you see him sit down on the log at once, or did you see him twice?— I did not take particular notice at the time; he said he was wounded.

<span id="rc7126">[[#rc7126|7126]]</span> You say it was three or four minutes after the volley was fired you saw him sitting on the log?— Yes.

<span id="rc7127">[[#rc7127|7127]]</span> Did you see him before he was sitting on the log?— Yes; I think he was talking to some of the men before he was sitting on the log.

<span id="rc7128">[[#rc7128|7128]]</span> Some little time after he was wounded?— It might be three or four minutes.

''The witness withdrew.'' ....

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