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Royal Commission report day 21 page 13

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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'''

[[#rc7774_7581|7774.7581]] You remember when it was placed, was it not placed close to you?— It was never moved after it was placed, I believe.

[[#rc7774_7582|7774.7582]] Do you remember its being laid upon a high bank, near the top of the bank, at one time during the evening?— I do not remember its being changed.

[[#rc7774_7583|7774.7583]] Do you remember my kicking or throwing it down to where you sat?— I do not; it may have occurred.

[[#rc7774_7584|7774.7584]] Do you think that if that were lighted it would simply blaze in our faces, and we could not see before us?— No, I do not remember that.

[[#rc7774_7585|7774.7585]] You said you were conscious of coming near the [[KellyGang|Kellys]] once in the [[Warby Ranges|Warby Ranges]], and you judge of that by seeing some horse prints; have you any notion of whether they may not have been horse prints of men on the station?— From the enquiries we made, I understood that none of the horses on the station were shod. I understood so then.

[[#rc7774_7586|7774.7586]] Where did you see those horse prints?— In the gully looking down on Bryan 's place.

[[#rc7774_7587|7774.7587]] Had you reason to suppose the Kellys' horses were shod?— It was generally supposed they were from what we heard.

[[#rc7774_7588|7774.7588]] What did you ever hear?— That they rode good-looking horses and shod all round.

[[#rc7774_7589|7774.7589]] Did you ever hear that?— I heard it said.

[[#rc7774_7590|7774.7590]] Will you mention one person who said it?— Well, we were very seldom supplied with information of that sort that we would know directly that we would swear to it. Constables were very seldom told anything straight that they could say or not.

[[#rc7774_7591|7774.7591]] You have said about Mr. Stanistreet and McHugh escaping?— Yes.

[[#rc7774_7592|7774.7592]] Was there anything in your conduct to prevent all the other innocent persons escaping?— I think not. The chance is they might be hit from the back if they escaped from the front.

[[#rc7774_7593|7774.7593]] McHugh got away without difficulty?— Yes.

[[#rc7774_7594|7774.7594]] And Mr. [[Stanistreet (2)|Stanistreet]] got away without difficulty?— Yes.

[[#rc7774_7595|7774.7595]] It is not true then he was fired at—Mr. Stanistreet, I mean?— It is not true.

[[#rc7774_7596|7774.7596]] Was there anything to prevent in your conduct, or any of the men you saw that morning, to prevent the other people going if they liked?— No; as long as they did not rush in a body.

[[#rc7774_7597|7774.7597]] But if they came out calling out who they were, and throwing themselves upon the police, you would have let them come into your lines and examined them?— Yes, certainly, I do think so.

[[#rc7774_7598|7774.7598]] You started to your post at that upper end, rather at the back of Mrs. Jones's?— To the west end, the clear road that goes from Stanistreet's place to the Sydney road. It runs north and south, I think.

[[#rc7774_7599|7774.7599]] Sydney-road is at the back?— Yes.

[[#rc7774_7600|7774.7600]] You took up that position on your own responsibility?— Yes.

[[#rc7774_7601|7774.7601]] Chose the place afterwards?— Yes, through an order by Mr. Hare.

[[#rc7774_7602|7774.7602]] [[SConst John Kelly|Senior-Constable Kelly]] shortly after passed you and approved of it?— Yes.

[[#rc7774_7603|7774.7603]] Do you remember seeing Constable [[Const J Dwyer|Dwyer]] any time that mowing?— After daylight I did.

[[#rc7774_7604|7774.7604]] What time would that be?— Half-past seven, I daresay.

[[#rc7774_7605|7774.7605]] Did he not bring the orders to fire?— No.

[[#rc7774_7606|7774.7606]] Did he bring messages from me?— No

[[#rc7774_7607|7774.7607]] Did he speak to you at all?— He came round late in the day with some whisky; I think that was the first time he came to me.

[[#rc7774_7608|7774.7608]] Were you in sight of Constable [[Gascoigne|Gascoigne]] the early part of the morning?— Yes, I was.

[[#rc7774_7609|7774.7609]] Did you not see me coming to speak to Gascoigne?— It was dark then. I could know Gascoigne by his voice, but not by seeing him.

[[#rc7774_7610|7774.7610]] You did not see me speaking to him?— No.

[[#rc7774_7611|7774.7611]] He could have pointed you out to me where you lay?— Yes.

[[#rc7774_7612|7774.7612]] Having received Kelly's instructions, were you in any need of orders all day as to what to do?— Well, I do not think it.

[[#rc7774_7613|7774.7613]] You were at no loss what to do?— No, I was not at an loss what to do.....

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