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Royal Commission report day 19 page 53

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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''''''

<span id="rc7351">[[#rc7351|7351]]</span> You say Constable [[Const T Dwyer|Dwyer]] was just as much exposed for a time, not covered by a tree; did you not hear me desiring him to take cover again?— I did.

<span id="rc7352">[[#rc7352|7352]]</span> How long was he exposed?— Perhaps a couple of minutes I saw—a very short time — and I heard you give him orders to take cover.

<span id="rc7353">[[#rc7353|7353]]</span> ''By the Commission''— Did you see other constables passing to and fro?— Yes, men were walking round from tree to tree.

<span id="rc7354">[[#rc7354|7354]]</span> ''By Mr. Sadleir''— Were you the only member of the force that touched those bodies with the stick, or anything else?— I was the only member of the force who touched [[Dan Kelly|them]] till [[Steve Hart|they]] were taken out of the fire.

<span id="rc7355">[[#rc7355|7355]]</span> Do you not remember stooping down with me near the end where you set fire, and trying to get a glimpse of those bodies?— That was prior to the place being fired.

<span id="rc7356">[[#rc7356|7356]]</span> Do you remember going again and trying to get another view?— Yes, you and Captain Standish.

<span id="rc7357">[[#rc7357|7357]]</span> And going to see [[Cherry|Cherry]]?— I saw him in the yard when he was taken out.

<span id="rc7358">[[#rc7358|7358]]</span> How do you know other police did not try to reach those bodies when you were with me?— They could not, because the end of the house was not burned enough. I was not able to get them out when I tried first.

<span id="rc7359">[[#rc7359|7359]]</span> From the position of the plates [[Kelly's Armour|armour,]] were they not lying within a foot of the bodies?— Yes.

<span id="rc7360">[[#rc7360|7360]]</span> Was it not possible, suppose those men had lain upon their sides, locked in each others arms as you say, that when the heat caught or burnt the thongs, that those plates might have fallen in the position you saw them?— They could not possibly all have fallen on one side.

<span id="rc7361">[[#rc7361|7361]]</span> I will put it another way—had you such a good view from the very first as to see that there were none of the plates between them, or lying underneath them?— I had not a good view till I got the bedstead out. The bodies were not moved.

<span id="rc7362">[[#rc7362|7362]]</span> Were they not covered by the cinders and the fallen stuff from the ceiling?— They were some of them covered with the rafters.

<span id="rc7363">[[#rc7363|7363]]</span> Was there not a dog?— Yes, lying near the bed.

<span id="rc7364">[[#rc7364|7364]]</span> Could you tell what it was?— No. I thought it was a third person, a human body, at first.

<span id="rc7365">[[#rc7365|7365]]</span> Till you stirred them up with a stick?— Yes; with a forked stick I got out one, and with an iron red the other.

<span id="rc7366">[[#rc7366|7366]]</span> Was there no possibility of your shifting those sheets of armour turning them over?— No, there was not.

<span id="rc7367">[[#rc7367|7367]]</span> Were you at any loss for any instructions during the day after I gave you the first instructions?— No, I could not see I was at any loss, for I understood what was to be done myself.

<span id="rc7368">[[#rc7368|7368]]</span> Were there not five times the number of men there that were necessary?— I believe there were.

<span id="rc7369">[[#rc7369|7369]]</span> And it was not necessary for the officer to see further than that all points were covered against an escape?— The building was well covered, so that they could not get away.

<span id="rc7370">[[#rc7370|7370]]</span> Do you consider my movements that day would give proof they were covered enough?— Yes; and I considered you moved about very freely during the day amongst the men.

<span id="rc7371">[[#rc7371|7371]]</span> ''By the Commission''— You were out in the search parties?— I was with Mr. Nicolson and with Mr. Sadleir.

<span id="rc7372">[[#rc7372|7372]]</span> You will be called again in regard to that?— Yes.

''The witness withdrew''

''Adjourned to to-morrow at Glenrowan.''

[~[[See report of Proceedings 13/5/81]|6042]~]

'''' (Taken at Glenrowan.)

'''See next day'''

'''[[Royal Commission report day 20 page 1|14/5/1881]]''' ....

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