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Royal Commission report day 24 page 18

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 1/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 1/6/1881|day 24]])

[[Const J Dwyer|Const James Dwyer]] '''giving evidence'''

[[#rc9540|9540]] Could you swear those were the two men, Hart and Kelly?— Yes, I knew the man I saw in that position, with the black hair and sallow complexion, was [[Dan Kelly|Dan Kelly]].

[[#rc9541|9541]] How far apart from each other?— About six yards, the length of the dwelling house, one at one end and the other at the other end. Dan Kelly was at the chimney side, with his feet on the bed opposite the window.

[[#rc9542|9542]] How did they get together when the bodies were found?— They were not together.

[[#rc9543|9543]] Opposite the window you say?— Yes, the full length of the house. The passage was in the centre, leading out, and we were in the passage, and saw on each side.

[[#rc9544|9544]] That is one to the north and the other to the south?— Yes, the whole length of the house. We could not get to them because of the fire, and [[Const Armstrong|Armstrong]] said to me, “Come out, Dwyer, we cannot take them.”

[[#rc9545|9545]] Were they dead at this time?— They were. “No,” I said, “we will have to leave them to their fate.”

[[#rc9546|9546]] Did they have any appearance of having killed one another?— No, the blood I saw along the arms and neck and thighs led me to believe they were shot by the police, and that the heavy thuds we heard was their being shot.

[[#rc9547|9547]] Did you see them before they were shot?— Yes, I have said so. Armstrong said, “Come out,” and I said “Yes, we will have to leave them to their fate,” and we had only just left the place where we were standing when the ceiling fell down.

[[#rc9548|9648]] Were you and Armstrong the first to follow the priest?— Yes, the two first, and took out the body of [[Joe Byrne|Byrne.]]

[[#rc9549|9549]] Did you go from the front door?— No, the back door.

[[#rc9550|9550]] Then you must have gone round to the back when the [[Matthew Gibney|priest]] went in at the front?— No, we did not stir till the priest came out.

[[#rc9551|9551]] You said you heard the priest ask them to make a confession and you were twenty yards away in front of the house?— Yes.

[[#rc9552|9552]] Where were you when you heard that?— At the north end of the house, the Wangaratta side, partly to the front and partly at the side.

[[#rc9553|9563]] You saw the priest enter?— Yes.

[[#rc9554|9554]] Did you see him come out again at the front?— No, at the back. He went in at the front and out at the back.

[[#rc9555|9555]] Did he return out through the front again?— No, he went out of the back door.

[[#rc9556|9556]] Then you entered at the back door?— Yes.

[[#rc9557|9557]] You say you saw the priest coming out of the back door?— He went in at the front, looked at them, and they were dead, as I said, and passed out of the passage over the body of [[Joe Byrne|Joe Byrne]], and out at the back door towards the kitchen, and said, “Come up, men, those men are all dead.” We ran round to where he was standing and passed him and went in and took out the body of Joe Byrne. The priest said, “Go back, the other two men are on the beds.”

[[#rc9558|9558]] How far did you go in from the back door?— Just as far as the bar.

[[#rc9559|9559]] Where were the two bodies lying when you found them?—[ ''The witness pointed out on the plan the positions he had previously referred to''.]

[[#rc9560|9560]] If any constables say that in taking out the bodies they got them close together would that be true?— Not true. When I came out I saw Mr. Sadleir taking [[Cherry|Cherry]], and heard the expression: “Give me a drink of water.”—

[[#rc9561|9561]] If six witnesses swore that the priest came out of the front door would that, in your opinion be incorrect?— It would be incorrect. He never entered the house after telling us.

[[#rc9562|9562]] You swear that he came out of the back?— Yes, and stood between the kitchen and the back building, and no man could enter the house without my knowing it.

[[#rc9563|9563]] How long was it from the priest went in at the front door, having taken off his hat and said what you said about confession, till Mr. Sadleir came to the door?— About a minute.

[[#rc9564|9564]] Just time to pull out Joe Byrne's body and to see that you could not get the others in consequence of the fire.—

[[#rc9565|9565]] How long would that be?— About a minute. He was up to the door taking the body of Cherry in a blanket, and I heard Cherry say, looking up, “Give me a drink of water.”

[[#rc9566|9566]] Was the body of Byrne taken out at the back or front door?— The back door. Armstrong and I took it out and left it there.

[[#rc9567|9567]] Is the back door out towards the skillion place where the yard is?— Yes.

[[#rc9568|9568]] And the front door is towards the railway?— Yes.

[[#rc9569|9569]] Do you know the tree Sergeant [[Steele|Steele]] says he was behind?— No. I saw him by a tree at the north.

[[#rc9570|9570]] Do you know the tree that it is said Steele was behind?— No, I do not.

[[#rc9571|9571]] Did you see him behind the tree?— No, I did not.

[[#rc9572|9572]] Would that tree command that back door you spoke of?— Yes.

''the witness withdrew.''

''The Chairman intimated to the officers present that the Commission had passed a resolution that be further attendance of the officers be dispensed with.''

Adjourned to to-morrow at Eleven o'clock .

[~[[See report of Proceedings 1/6/81]|6189]~]

'''See next day'''

'''[[Royal Commission report day 25 page 1|2/6/1881]]''' ....

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