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Royal Commission report day 24 page 13

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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'''

<span id="rc9456">[[#rc9456|9456]]</span> Then yourself; [[Const Hugh Bracken|Bracken]], and [[SConst John Kelly|Senior-Constable Kelly]] were all rushing at the outlaw when Sergeant [[Steele|Steele]] fired and closed with him?— Yes.

<span id="rc9457">[[#rc9457|9457]]</span> You said Steele shot at him, and he fell as he shot at him?— Yes.

<span id="rc9458">[[#rc9458|9458]]</span> And as he was firing he held the revolver that way?— Yes, and Steele rushed forward and pulled it out of his hand and laid it by his side. I vaulted over the log and got at [[Ned Kelly|Ned Kelly]]'s feet as he was bending on his knees. Sergeant Steele had him with his left hand across his neck, this way— [''indicating the same'']. Senior-Constable Kelly was standing behind, Bracken had hold of Kelly's left arm, and I was in front. Kelly was trembling with fear, and said, “Do not kill me, let me live as long as I can I never injured one of you.” The helmet fell off as he was firing.

<span id="rc9459">[[#rc9459|9459]]</span> After or before the revolver was taken?— Before it was taken.

<span id="rc9460">[[#rc9460|9460]]</span> Did you see the railway guard Dowsett there?— He was about the fourth or fifth man that came up. Constable [[Const Montiford|Montfort]] about the same time, about the fourth man, and after him [[Dowsett|Dowsett]], and then the reporters of the press.

<span id="rc9461">[[#rc9461|9461]]</span> How long was it before Dowsett came?— Not five seconds.

<span id="rc9462">[[#rc9462|9462]]</span> Did you see Dowsett fire before you reached Kelly?— No, the first I saw of Dowsett was under the log with his head out.

<span id="rc9463">[[#rc9463|9463]]</span> Did you see him fire?— I did not.

<span id="rc9464">[[#rc9464|9464]]</span> Was that the log Ned Kelly was behind?— No, it was lower down, towards the railway fence. Senior-Constable Kelly was nearer the fence than Dowsett.

<span id="rc9465">[[#rc9465|9465]]</span> It is said you wanted to make short work of him on that occasion?— I never made use of that expression.

<span id="rc9466">[[#rc9466|9466]]</span> That you were going to finish him off?— I never made use of that expression.

<span id="rc9467">[[#rc9467|9467]]</span> What did you say?— When he said he never injured any of us, I said, “You d –– wretch, after your shooting my comrade and Mr. Hare, and when poor Kennedy was begging his life of you as you are begging yours of us, you shot him like a dog.”

<span id="rc9468">[[#rc9468|9468]]</span> Did you give him a friendly kick?— I did not. The kick I gave him was the kick I would give a cow to wake her up. It was to show my contempt; it would not have hurt a child. He said, “For God's sake, let me live as long as I can.”

<span id="rc9469">[[#rc9469|9469]]</span> He did not want to die?— No; he showed all the symptoms of cowardice.

<span id="rc9470">[[#rc9470|9470]]</span> You did not believe much in his courage?— What roused me was having heard he would never be taken alive, and then seeing his cowardice at the time.

<span id="rc9471">[[#rc9471|9471]]</span> What did you do, because it has been stated publicly that you were going to finish him off on that occasion?— I never expressed such a word.

<span id="rc9472">[[#rc9472|9472]]</span> On your oath, you say all you did was when you went down towards his feet, and you said to him, when he was begging his life, that he had shot Kennedy like a dog, and you kicked him?— I gave him a tip with my boot. When the crowd was leaning over Kelly, two bullets whizzed past from the outlaws in the house.

<span id="rc9473">[[#rc9473|9473]]</span> In what direction?— At the crowd of as. The two outlaws in the house fired at the crowd as they were looking at us capturing Kelly. I saw them outside, between the kitchen and dwelling part of the house. Mr. [[Melvin|Melvin]], of the [[The Argus (56)|Argus]], called out, “Keep watch, keep watch!” addressing himself more to me. I left the crowd to go back to Mr. Sadleir, and, passing in view of the outlaws, one of them came out from the kitchen door and levelled his gun, and I did the same with mine, and he drew back; and the other police, seeing him, put a shower of bullets at him. The police round the trees at that side–Arthur and Montfort and others–fired a shower of bullets at him. I saw the barn shot off the side of the kitchen door, where he was standing. He said, “Fire away, you b–s, you cannot kill me.”

<span id="rc9474">[[#rc9474|9474]]</span> Did you see Constable Arthur before you saw Sergeant Steele shoot Kelly?— No, I did not.

<span id="rc9475">[[#rc9475|9475]]</span> How long after was it before you saw him?— About three minutes.

<span id="rc9476">[[#rc9476|9476]]</span> Where did you first see Arthur after you left Kelly?— When I was going back to Mr. Sadleir. I met him coming up to the crowd from where he was.

<span id="rc9477">[[#rc9477|9477]]</span> How far from Ned Kelly, should you think?— This was after Ned Kelly was captured.

<span id="rc9478">[[#rc9478|9478]]</span> How far was where you met him from where he was captured?— About 20 yards.

<span id="rc9479">[[#rc9479|9479]]</span> Did you see him running away?— No.

<span id="rc9480">[[#rc9480|9480]]</span> Did you see any of the constables firing at Kelly except Sergeant Steele?— No, I did not see any only Sergeant Steele. Passing in front of the house, two bullets whizzed at me from the two outlaws in the house, and Mr. Sadleir, seeing my narrow escape, exclaimed, “Good God, Dwyer, why are you going about in that reckless manner, you will be shot?” I said, “I came down, sir, to inform you of Ned Kelly's capture.”....

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