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Story of the KellyGang - the Royal Commission evidence

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

''''''

=== full text ===

(see also introduction to [[Royal Commission report 5/5/1881|day 16]])

'''Constable Thomas Patrick [[Const T Dowling|Dowling]] giving evidence'''

<span id="rc4264">[[#rc4264|4264]]</span> ''By the Commission (to the witness)''. —What is about the length of one of those guns; stand up and show where it would reach to?— (''the witness stood up and indicated that it would reach up to his waist.'')

<span id="rc4265">[[#rc4265|4265]]</span> Standing on that bag of flour with a gun in your hand, could you have reached to touch the doors?— Yes, I could.

<span id="rc4266">[[#rc4266|4266]]</span> You could have done that at any time?— Yes.

<span id="rc4267">[[#rc4267|4267]]</span> Did it not strike you at any time?— No.

<span id="rc4268">[[#rc4268|4268]]</span> Nor any of your comrades?— No.

<span id="rc4269">[[#rc4269|4269]]</span> Was it that you were expecting them to come in every moment?— Yes, and I could hear them talking outside.

<span id="rc4270">[[#rc4270|4270]]</span> If they had come opposite the door you would have tried to shoot them. Did you try to see them?— Yes, all we could.

<span id="rc4271">[[#rc4271|4271]]</span> Were you ready to fire at any moment up to the time of the shutting of the doors?— Yes.

<span id="rc4272">[[#rc4272|4272]]</span> That was what was in your mind?— Yes.

<span id="rc4273">[[#rc4273|4273]]</span> That they might come to close quarters at any moment?— Yes.

<span id="rc4274">[[#rc4274|4274]]</span> How many men could get in such a position as to fire at the door?— If they were coming in at both kitchen doors, only two could see them. If they came into the kitchen, any of us could see them.

<span id="rc4275">[[#rc4275|4275]]</span> You would have to stand on the bag of flour?— No, we could have seen them from the door and one could have got on the bag.

<span id="rc4276">[[#rc4276|4276]]</span> And shot over the partition?— Yes.

<span id="rc4277">[[#rc4277|4277]]</span> Did they send Weekes in?— No.

<span id="rc4278">[[#rc4278|4278]]</span> Were you quite satisfied with your arms—the gun?— Yes, I was satisfied with them. On the night I was told to go out there I was going to bring my Spencer rifle; and I was told by the sub-officer in charge of the [[Beechworth|Beechworth]] station that I was not to bring any arms but the revolver, and that I was to take the arms and ammunition from the man I was going to relieve at the hut.

<span id="rc4279">[[#rc4279|4279]]</span> Was the gun, do you think, preferable to the Spencer ride—the way it was loaded—for shooting in the dark?— It would he better outside, perhaps, but not inside.

<span id="rc4280">[[#rc4280|4280]]</span> What do you mean by that: for shooting at an object in the dark, which would be the best, the rifle or that gun—the most certain to hit at short range?— If we were to fire at random, I dare say the guns would be better, but, firing at an object, I would rather have the rifle.

<span id="rc4281">[[#rc4281|4281]]</span> Had you been used to firearms before being sent to [[Aaron Sherritt|Sherritt]]'s?— Yes, I was.

<span id="rc4282">[[#rc4282|4282]]</span> In what particular instance?— In shot guns.

<span id="rc4283">[[#rc4283|4283]]</span> So that you did not object to the shot gun?— No, I did not.

<span id="rc4284">[[#rc4284|4284]]</span> You believe they were likely to be just as effective as any weapon you could have?— No, I would have preferred the rifle, as I was more accustomed to it since I joined the police.

<span id="rc4285">[[#rc4285|4285]]</span> But you were quite competent to use the shot gun?— Yes.

<span id="rc4286">[[#rc4286|4286]]</span> Were you told your duties when you went there; what was your supposed object in being sent there; did you not know that?— Yes, I was told by Aaron.

<span id="rc4287">[[#rc4287|4287]]</span> What?— To watch [[Mrs Margaret Byrne|Byrne]]'s house, to see if the outlaws came there at any time.

<span id="rc4288">[[#rc4288|4288]]</span> And any further instructions, in the event of your seeing them?— No, he never told me any more.

<span id="rc4289">[[#rc4289|4289]]</span> No instructions that, in the event of seeing one of the outlaws—as to what you would do, and you being at a distance from your other comrades—what course of action you were to take then?— No.

<span id="rc4290">[[#rc4290|4290]]</span> You were told simply you were there to watch, and report afterwards?— Yes.

<span id="rc4291">[[#rc4291|4291]]</span> Supposing, during the time you were watching Byrne’s place, you had seen one of the outlaws moving from Byrne's place, what course would you have adopted—acting on your own responsibility?— If I knew for a fact it was one of the outlaws I would fire.

<span id="rc4292">[[#rc4292|4292]]</span> Were you instructed to do so?— No.

<span id="rc4293">[[#rc4293|4293]]</span> You had no other instructions than to watch Byrne's place?— No other instructions.

<span id="rc4294">[[#rc4294|4294]]</span> As a matter of opinion, do you consider as to those four men who were together if any of them had seen one of the outlaws would he have considered himself justified in shooting without any orders?— Yes, I would.

<span id="rc4295">[[#rc4295|4295]]</span> Was that the feeling among the men themselves?— Yes, it was.

<span id="rc4296">[[#rc4296|4296]]</span> What experience had you of that particular duty before going to Sherritt's place?— I had no experience. I was on bank duty at Mooroopna, doing mounted duty there.....

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