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Royal Commission report day 21 page 5

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 17/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 17/5/1881|day 21]])

'''Const [[Const Daniel Barry|Barry]] giving evidence'''

<span id="rc7774_7370">[[#rc7774_7370|7774.7370]]</span> Did you see Mr. [[O'Connor|O'Connor]] during this period of excitement?— No, I saw him on the platform when the horses were being taken out, about that time; not afterwards through the day until about half-past two or three o'clock.

<span id="rc7774_7371">[[#rc7774_7371|7774.7371]]</span> Where were you stationed?— I was on the west end, next Benalla. The fire was kept up. Through this firing I heard [[Hare|Mr. Hare]] sing out, “ O'Connor , get your boys and surround the house.”

<span id="rc7774_7372">[[#rc7774_7372|7774.7372]]</span> Was he replied to?— I heard no reply. He then said, “Get round the house, boys,” apparently addressing himself to us, “and do not let them get away.” At about that time he was joined by [[SConst John Kelly|Senior-Constable Kelly]], and he said “For God's sake, see that the men are all right, and do not let them (the outlaws) get away.” When he said, addressing us, “Surround the house,” I and [[Hero|Hero]] went together around to the west end of the house, and kept getting round till we were stopped by the next fire from the front.

<span id="rc7774_7373">[[#rc7774_7373|7774.7373]]</span> Was that towards the stockyard at the back of the house?— Yes, round at the west end; not exactly at the north end, pretty well round the corner.

<span id="rc7774_7374">[[#rc7774_7374|7774.7374]]</span> You see the plan there?— Yes, that is the clear road by the [[Stanistreet (2)|station master]]'s house. I was a little higher up than there, because, being a clear space, I could see more ground up and down, and could command more ground.

<span id="rc7774_7375">[[#rc7774_7375|7774.7375]]</span> Who was the next south of you, more towards the railway line—what constable?— At that time it was either [[Kirkham|Kirkham]] [[Gascoigne|Gascoigne]], I could not say which. I could hear them there speaking, and knew their voices.

<span id="rc7774_7376">[[#rc7774_7376|7774.7376]]</span> Was there heavy firing immediately after you took your position?— There was a man sung out—Gascoigne sung out to stop firing because there were women in the house.

<span id="rc7774_7377">[[#rc7774_7377|7774.7377]]</span> What time was it?— About ten minutes perhaps—very soon after we took our positions.

<span id="rc7774_7378">[[#rc7774_7378|7774.7378]]</span> Did the women come out?— Mrs. Jones came out, and walked all over the ground abusing the men.

<span id="rc7774_7379">[[#rc7774_7379|7774.7379]]</span> What was the nature of her abuse?— Called us “murdering hounds,” and said we had shot her boy, and to take out all the rest of the family and shoot them. I also heard her go in, and apparently abuse the outlaws as well, and say why did not they go out and fight.

<span id="rc7774_7380">[[#rc7774_7380|7774.7380]]</span> When was Mr. Hare struck?— Very, very soon after—I should suppose the first or second shot—because in passing me, he said, “Good gracious! I am hit the very first shot.” I was perhaps four or five yards from him in a straight line with him passing the house.

<span id="rc7774_7381">[[#rc7774_7381|7774.7381]]</span> You were aware he was hit?— From what he said himself.

<span id="rc7774_7382">[[#rc7774_7382|7774.7382]]</span> Did he give any other orders to you that you are aware of?— No, not then.

<span id="rc7774_7383">[[#rc7774_7383|7774.7383]]</span> Did he at any other time during the day?— I believe he went away then, after he was wounded. The only orders he gave to me were in the train, and the general order to the men when he was on the field.

<span id="rc7774_7384">[[#rc7774_7384|7774.7384]]</span> You consider he left then?— Yes; I did not see him leave.

<span id="rc7774_7385">[[#rc7774_7385|7774.7385]]</span> What was the general order on the field?— Singing out to us to surround the house, and not to let the outlaws get away.

<span id="rc7774_7386">[[#rc7774_7386|7774.7386]]</span> You heard that?— Yes.

<span id="rc7774_7387">[[#rc7774_7387|7774.7387]]</span> Did he say that to Senior-Constable Kelly?— He told Kelly to go and see the men were there, and that a ring was made round the house.

<span id="rc7774_7388">[[#rc7774_7388|7774.7388]]</span> Did you see any other woman come out besides Mrs. Jones?— No, but I heard a female screaming getting away. I understand it was Mrs. [[Reardon|Reardon]] . She went away next the platform.

<span id="rc7774_7389">[[#rc7774_7389|7774.7389]]</span> Did you understand there were a lot of persons in the house, kept there by the Kellys?— No.

<span id="rc7774_7390">[[#rc7774_7390|7774.7390]]</span> When did you first come to know that?— Not till I saw the prisoners rush out in the morning I saw other persons leave. The station master did while the firing was going on, and another man named [[Neil McHugh|Neil McHugh]] , taking Mrs. Jones 's boy in his arms.

<span id="rc7774_7391">[[#rc7774_7391|7774.7391]]</span> Did you see him?— Yes.

<span id="rc7774_7392">[[#rc7774_7392|7774.7392]]</span> Were they running away?— They walked out deliberately, as far as I could see. Mr. Stanistreet , the station master, was challenged by Senior-Constable Kelly, “Who goes there,” and he said, “Station master,” and he went right through.....

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