Royal Commission report day 25 page 2

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Story of the KellyGang - the Royal Commission Report

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The Royal Commission evidence for 2/6/1881

(full text transcription)

(see also introduction to day 25)

Const James Dwyer evidence; Cross-examined by Mr. O'Connor

9597 In your opinion, did I show any cowardice during the fight at Glenrowan?— It would be absurd for any person to say so; and I saw you act bravely, and I know you to be a splendid shot and a thorough bushman.

9598 By the Commission— Did you understand Constable Kirkham to be immediately under the control of Mr. O'Connor, at Glenrowan?— I did, inasmuch as he was in charge of the trackers with him.

9599 After the arrival of Mr. Sadleir, in whose command would Kirkham have been–would he have obeyed Mr. O'Connor or Mr. Sadleir?— In my opinion he should obey Mr. O'Connor as he was minding his troopers and under his control with them.

9600 Did the outlaws fire as many shots as the police in the front of the house fired at them?— They did not, because there were only two of them, and double that number in front.

9601 Were there many shots fired from the hotel at the time?— There were. The outlaws kept principally in front of the house, firing, and the civilians were at the back; they kept at the windows in front to avoid the civilians.

9602 Do you think from what you saw there, would there be half as many shots fired by the outlaws at those in front as those fired by the police?— No, there could not.

9603 How many were there in the trench besides yourself, Mr. O'Connor, and Mr. Sadleir at this particular time when you saw them fire?— There were Mr. O'Connor and two trackers, and Constable Kirkham, and Mr. Sadleir and I–that is six altogether.

9604 If the outlaws, two of them, were firing, and firing with the same rapidity that you in the trench were firing, they could discharge a third of the number of shots?— They did not; they only fired a shot now and again, when they saw an opening at the men.

9605 Did you fire then?— Yes, I fired both barrels, and after that I volunteered to take orders, as my shot-gun was not much good.

9606 By Mr. O'Connor— Were you aware that Constable Kirkham had no ammunition at that time, and could not fire?— He told me he only had five rounds and he was sparing it.

9607 By the Commission— When you saw Mr. O'Connor going round with Mr. Sadleir and some of the men, what time was that?— About eleven and twelve, and up to ten, when the prisoners came out. Mr. O'Connor and Mr. Sadleir were up around the trees before that, and from that time till the firing of the house, they were walking round and taking up their positions, and seeing the men were at their posts.

The witness withdrew. ....

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