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Royal Commission report day 21 page 17

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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_7716">[[#rc7774_7716|7774.7716]]</span> From the front?— Some within 30 or 40 yards; they might have been nearer at the back,

<span id="rc7774_7717">[[#rc7774_7717|7774.7717]]</span> Was any approach made by the police when [[Matthew Gibney|the priest]] entered?— At that time there was a lot of civilians rushing the place.

<span id="rc7774_7718">[[#rc7774_7718|7774.7718]]</span> That was after the priest rushed the place?— Really I was engaged in keeping those people from rushing the place. I heard them say, “Rush the place,”—the civilians. They seemed to be under the impression there was a man burning alive in it—[[Cherry|Cherry]]—and my back was turned to the building in watching to keep them back.

<span id="rc7774_7719">[[#rc7774_7719|7774.7719]]</span> Did you see the priest come out?— No.

<span id="rc7774_7720">[[#rc7774_7720|7774.7720]]</span> Did you know after the civilians were released in the morning that [[Joe Byrne|Byrne]] was shot at that time, to your knowledge?— It was said round among the men, and word was passed round that he was shot.

<span id="rc7774_7721">[[#rc7774_7721|7774.7721]]</span> Did you also know then that Cherry was in an outbuilding?— I heard so, that he was in a [[Jones' Glenrowan Inn|kitchen]] at the back.

<span id="rc7774_7722">[[#rc7774_7722|7774.7722]]</span> Did you then also know the other two survivors, supposed to be [[Steve Hart|Steve Hart]] and [[Dan Kelly|Dan Kelly]]?— Yes.

<span id="rc7774_7723">[[#rc7774_7723|7774.7723]]</span> At what time in the day did you know that?— I presume soon after the prisoners got out, the time it would take for it to go round from mouth to mouth.

<span id="rc7774_7724">[[#rc7774_7724|7774.7724]]</span> Was there any extraordinary danger in rushing when it was known there were only two outlaws alive in it?— You might rush the house, but to get in was another thing; you could only get in singly.

<span id="rc7774_7725">[[#rc7774_7725|7774.7725]]</span> One in at the back and one in the front, that would be only singly?— The outlaws could stand and shoot the men as they came inside.

<span id="rc7774_7726">[[#rc7774_7726|7774.7726]]</span> You saw the end of the building when it became daylight from where you were?— Yes.

<span id="rc7774_7727">[[#rc7774_7727|7774.7727]]</span> Was there any window at all on that end of the building?— The west end. There was a window in the detached kitchen, but not in the main building.

<span id="rc7774_7728">[[#rc7774_7728|7774.7728]]</span> Did you see any firing come from the window in the kitchen during the whole of the day?— Not a single shot.

<span id="rc7774_7729">[[#rc7774_7729|7774.7729]]</span> Was the end of the main building so riddled that anyone inside could have taken deliberate aim at anyone outside?— Yes, I was of that opinion.

<span id="rc7774_7730">[[#rc7774_7730|7774.7730]]</span> Clean shot holes?— Yes, it was soft wood.

<span id="rc7774_7731">[[#rc7774_7731|7774.7731]]</span> So that the point of a revolver or rifle might have been put through and a sight taken?— They could have stood back and taken a chance shot

<span id="rc7774_7732">[[#rc7774_7732|7774.7732]]</span> Was it riddled as thickly as those blots on this pad—[''pointing to the same'']?— Not quite as thick as that.

<span id="rc7774_7733">[[#rc7774_7733|7774.7733]]</span> Is it not likely that under the ordinary firing there would not be a larger proportion of bullets strike the building at the end than what struck the brick wall?— Certainly.

<span id="rc7774_7734">[[#rc7774_7734|7774.7734]]</span> There would be a fair proportion scattered over that end of the building?— Far more over that than the chimney, because more would be directed to that than the chimney.

<span id="rc7774_7735">[[#rc7774_7735|7774.7735]]</span> You were asked whether you required any further orders after Mr. Hare gave you this order to surround the place, and you said you did not—those were sufficient for all purposes?— Yes, I think so.

<span id="rc7774_7736">[[#rc7774_7736|7774.7736]]</span> Had you been an officer in charge (you are only a young man)—now I am only asking for your opinion.

''Mr. [[Sadleir|Sadleir]]'' objected, that it was not usual to ask a constable to criticise the action of his superior officer, and wished to say, speaking with all respect, and having in view the regulations, that it amounted to asking the witness's opinion on his ( Mr. Sadleir ’s) conduct on that occasion.

<span id="rc7774_7737">[[#rc7774_7737|7774.7737]]</span> ''By the Commission (to the witness)''— Do you know whether those orders to fire high came from Mr. Sadleir?— No, I do not.

<span id="rc7774_7738">[[#rc7774_7738|7774.7738]]</span> Were you anxiously looking out for frosh orders all day?— I was looking out anxiously for some instructions, so as to regulate the firing better.

<span id="rc7774_7739">[[#rc7774_7739|7774.7739]]</span> Were you disappointed at not receiving them?— I was.

<span id="rc7774_7740">[[#rc7774_7740|7774.7740]]</span> ''By Mr. Sadleir''— Did you not receive orders to fire high after the word passed round?— Yes.....

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