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Royal Commission report day 17 page 10

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/5/1881|day 17]])

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

[[#rc5000|5000]] How long after the [[Sympathizers|people]] left the [[Jones' Glenrowan Inn|hotel]]?— I am not positive whether it was before or after. I will not swear to that.

[[#rc5001|5001]] ''By Mr. Sadleir''. —You say it was about two o'clock when you last saw an outlaw?— Yes.

[[#rc5002|5002]] Do you remember the occurrence when I was assured by a man in front that Mc Hugh's last shot, and probably yours, brought down one of them—did you hear anything of that?— I heard some of them say one of them fell down in the chimney.

[[#rc5003|5003]] Was that the shot you are speaking of now?— No.

[[#rc5004|5004]] Can you say at what hour that occurrence was?— No.

[[#rc5005|5005]] I suggest that it was about two o'clock—could it possibly have been about two o'clock?— It may have been. I would not swear, because I had no watch, and did not take notice at the time.

[[#rc5006|5006]] Was there not a great confusion about the time that day. What time did you turn out that morning—were you in bed that night at all?— I was, for a little time.

[[#rc5007|5007]] What time did you leave Beechworth—was it not very early in the morning?— It was. We arrived at [[Glenrowan|Glenrowan]] between eight and nine.

[[#rc5008|5008]] Is not that likely to confuse any man's notion of the hour of the day getting up at unusual hours?— Yes, it is.

[[#rc5009|5009]] You cannot speak positively as to any hour you have given?— No.

[[#rc5010|5010]] You have said that the prisoners were let out between twelve and one—would you be surprised to hear they were let out at ten?— I would not.

[[#rc5011|5011]] Then the confusion as to the time I have spoken about would account for that?— Yes.

[[#rc5012|5012]] You have stated that I gave you orders to fire two feet from the floor—where did you stand at that time?— Immediately after we came out of the train I think it was.

[[#rc5013|5013]] Then Senior-Constable [[SConst P Mullane|Mullane]] would be present. I saw him jump out of the train, and you all came with him—he must have been present when I gave those orders?— I could not say whether he was or not.

[[#rc5014|5014]] Considering the confusion of the hours, is it possible that those orders were given to you after the prisoners escaped, and that the order had reference to [[Cherry|Cherry]], and who was supposed to be lying on the floor?— It is.

[[#rc5015|5015]] ''By the Commission''. —That occurs to you now from what the officer asks—that that is possible?— Yes.

[[#rc5016|5016]] ''By Mr. Sadleir''. —You conscientiously think you may have been so far mistaken that the orders may have been after the prisoners escaped?— I do not recollect the hours. I had little sleep that night, and none for two or three nights before that.

[[#rc5017|5017]] ''By the Commission''. —And in such cases time might go quickly or slowly without your observing it?— I think it would go very slowly.

[[#rc5018|5018]] You say you had a Spencer rifle on that occasion?— Yes.

[[#rc5019|5019]] Had you much practice with the Spencer ride previous to this?— I had none whatever.

[[#rc5020|5020]] Had you much practice in firearms previous to this?— Previous to joining the force I had a little practice

[[#rc5021|5021]] When a Spencer rifle is loaded, and you know how to put the cartridges into the magazine, is there much trouble except pulling the trigger and holding it straight?— No.

[[#rc5022|5022]] And then you have only to load again?— Yes.

[[#rc5023|5023]] ''By Mr. Sadleir''. —From your position, could you see the front door—that door facing the railway?— Yes.

[[#rc5024|5024]] Were you not rather at the end and back rather than the end and front?— I was more at the north of the building; all the time.

[[#rc5025|5025]] That is taking the chimney as the north?— Yes.

[[#rc5026|5026]] Were you not more north and west than north and east?— I was.

[[#rc5027|5027]] ''By the Commission''. —Were you stationed more towards the back fence or towards the front of the house?— I do not know the back of the fence.

[[#rc5028|5028]] You know the verandah is on the front?— That would be the east.

[[#rc5029|5029]] ''By Mr Sadleir''. —You could not look into the front door at any time without shifting your position?— I could see it on one or two occasions.

[[#rc5030|5030]] Then you shifted your position so as to enable you to do so, because the house does not turn round?— I was moving about all the time.

[[#rc5031|5031]] Where were you then when Father [[Matthew Gibney|Gibney]] went into the building?—(''No answer''.)

[[#rc5032|5032]] ''By the Commission''. —Did you see him going in?— Yes.

[[#rc5033|5033]] Did you see the door when he went in?— I saw him go in.

[[#rc5034|5034]] ''By Mr. Sadleir''. —He was approaching the building. Did you see him step on the verandah and go in at the door?— No, I did not.

[[#rc5035|5035]] He was out of view for those few steps?— Yes.

[[#rc5036|5036]] Did you see me during this time?— No, I will not swear that I did.

[[#rc5037|5037]] You did not see me while the priest was approaching the building?— No, I did not.

[[#rc5038|5038]] Might I not, from the other end, have rushed to intercept the police without your seeing it?— Yes, you might.

[[#rc5039|5039]] Did you see anything going on at the other end of the building—did you see Johnson?— No; but I saw the priest approaching, and I think I saw Mrs. Jones. ....

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