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Royal Commission report day 19 page 47

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 13/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 13/5/1881|day 19]])

'''SConst Charles [[Johnston|Johnston]] '''giving evidence''''''

[[#rc7182|7182]] Did the police follow the priest up or remain till he came out?— They were closing on the building as the priest went up. The priest went in at the front door and came out at the back, having gone right through the passage. The police at this time were closing on the building.

[[#rc7183|7183]] Not rushing?— Not rushing, closing up.

[[#rc7184|7184]] Did you see the motions of the priest as he came out?— Yes; he said, “They are all dead.”

[[#rc7185|7185]] And then?— Then the rush was made up to the house.

[[#rc7186|7186]] To bring out the bodies?— To bring out the bodies.

[[#rc7187|7187]] Was Cherry injured at all by the fire?— No, not at all. [[Cherry|Cherry]] in the detached kitchen.

[[#rc7188|7188]] And of course it did not matter for [[Joe Byrne|Byrne]]?— He was not injured; the other two were charred.

[[#rc7189|7189]] Did you notice the position of the bodies as they lay, the two that were charred?— I did.

[[#rc7190|7190]] Had they got the armour on?— No; neither.

[[#rc7191|7191]] Was the armour laid on one side?— The [[Kelly's Armour|armour]] was lying about a foot and a half from each of [[Dan Kelly|them]]. I might explain the room [[Steve Hart|they]] were in. There was a double bed in it, and as soon as the fire had burnt down the bed so that I could get to see them, I got a pile of brick and timber away from the wall, and got out the bed; then I saw the bodies, and the manner in which they were lying.

[[#rc7192|7192]] It struck you then, I presume from what you say, that they had not their armour on when they died?— No, they had not.

[[#rc7193|7193]] Because even though the upper portion of the armour might be disturbed and put away from the body the portion they were lying on would surely be under the body?— The helmet and body-pieces and all were lying alongside.

[[#rc7194|7194]] Not on?— No.

[[#rc7195|7195]] Could not have been on?— Could not have been on.

[[#rc7196|7196]] Did they present the appearance of having murdered one another?— No, I do not think they did.

[[#rc7197|7197]] Could you account for their lying together?— They appeared to me to have laid down in one another’s arms—the left arm of one of them was not so much burnt as the right, that is, it appeared to be underneath the other.

[[#rc7198|7198]] Then the impression on your mind was they did not shoot one another, but they had been wounded and lay down to die?— And been suffocated—that they were under the influence of drink and were suffocated.

[[#rc7199|7199]] And not shot at all?— I do not believe they were shot.

[[#rc7200|7200]] Did you see Mr. O'Connor during the time you were there?— Only once during the day, when I went to speak to Mr. Sadleir, about half-past two, about setting fire to the place.

[[#rc7201|7201]] Where were Mr. Sadleir and Mr. O'Connor then?— They were on the north side of the building, about fifty yards from the railway fence.

[[#rc7202|7202]] How far from the house?— About, I daresay, over fifty yards from the hotel.

[[#rc7203|7203]] That is to say on the Wangaratta side?— On the Wangaratta side.

[[#rc7204|7204]] Did you receive any instructions after you came, other than those that you mentioned, from Mr. Sadleir when you arrived?— I did not.

[[#rc7205|7205]] Did you see the officers visiting the men?— I saw Mr. Sadleir go about among the men.

[[#rc7206|7206]] You did not see Mr. O'Connor?— I did not, only once.

[[#rc7207|7207]] You would have known him?—Oh, yes.

[[#rc7208|7208]] Were the two officers standing out in the open when you saw them?— No, Mr. O'Connor was standing with his back against a tree, with his back towards the building, and I think it was the Argus newspaper he was reading, and Mr. Sadleir was standing in front of him, the tree sheltered them both.

[[#rc7209|7209]] Do you think the place could have been taken much sooner without great risk?— I think if we had been allowed to rush the place we might have got them.....

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