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Royal Commission report day 17 page 11

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/5/1881|day 17]])

'''Constable [[Const T Dowling|Dowling]] giving evidence'''

[[#rc5040|5040]] Did you know what was going on at that end?— No.

[[#rc5041|5041]] Was not your first knowledge of the fire seeing the smoke?— It was.

[[#rc5042|5042]] You heard a small volley before the smoke appeared?— Yes.

[[#rc5043|5043]] You did not under stand what that meant?— No.

[[#rc5044|5044]] You said you did not see Senior-Constable [[SConst John Kelly|Kelly]] about at all?— No, not that I am aware of.

[[#rc5045|5045]] ''By the Commission''. —Did you know Senior-Constable Kelly by sight before you were at Glenrowan?— No, I will not swear that I did.

[[#rc5046|5046]] You will not swear you saw him before that?— No.

[[#rc5047|5047]] Could you swear to him if he were in plain clothes in the room now?— Yes.

[[#rc5048|5048]] Would you swear it was not Senior-Constable Kelly who was pointed out to you for Mr. O’Connor that morning?— I could not tell that.

[[#rc5049|5049]] ''By Mr. Sadleir''. —Where did you see Sergeant [[Steele|Steele]]?— I cannot say whether I saw him. I think I saw him in the morning.

[[#rc5050|5050]] Are you not aware that Sergeant Steele got hurt on that occasion early, through [[Ned Kelly|Kelly]] falling on him, and never turned out again after that?— No, I did not know that.

''Mr. Sadleir'' . —That was the fact, that he got injured through Kelly falling on him, and was not able to come out again.

[[#rc5051|5051]] ''By the Commission''. —As you were up very early that morning, and unable to account for the time during the day, is it not just as possible that the time you saw the outlaw at the back of the hotel may have been at ten or eleven instead of two?— It may have been.

[[#rc5052|5052]] If some other constables say they saw this man at the back of the hotel, say at eleven o'clock, you are not in a position to contradict them?— No.

[[#rc5053|5053]] ''By Detective [[Ward|Ward]]'' . —On what day did you leave Beechworth to join the party at Mrs. Sherritt's?— On the night of the [[events 1880-4/ 1880-6|17th June]].

[[#rc5054|5054]] Who was in charge when you arrived there?— Constable Armstrong.

[[#rc5055|5055]] Was Constable [[Const W Duross|Duross]] with you at the time?— Yes.

[[#rc5056|5056]] I gave you instructions to report yourself to Constable [[Const Armstrong|Armstrong]], who was in charge of the party?— Yes.

[[#rc5057|5057]] And sent a guide with you to show you the place?— Yes.

[[#rc5058|5058]] You did receive instructions from him and accompany him to watch a certain place?— Yes.

[[#rc5059|5059]] ''The Chairman (to Detective Ward)''. —We have got all that from him. Have you any point you wish to establish?

[[#rc5060|5060]] ''By Mr. Ward (to the witness)''. —Do you remember the night I called at the house?— Yes, I do.

[[#rc5061|5061]] Do you remember you were cutting wood in the bush at the time?— Yes.

[[#rc5062|5062]] Did any person go for you, or were you returning of your own free will after performing the duty?— [[Ann Jane Sherritt|Mrs. Sherritt]] came up to where we were.

[[#rc5063|5063]] After she did, did you see me some time after at the house?— Yes, a few minutes afterwards.

[[#rc5064|5064]] Did you see me speaking to Constable Armstrong?— I did.

[[#rc5065|5065]] You stated in your evidence the other day, I saw in the papers, that I told you and Armstrong to tell a lie. Would you remember now exactly what I did tell you?— No, you gave me no orders.

[[#rc5066|5066]] That was Saturday the 19th?— Yes.

[[#rc5067|5067]] On that night whom did you receive your orders from?— Armstrong.

[[#rc5068|5068]] Will you be kind enough to tell the Commission what Armstrong told you. I never gave you any order at any time. I always communicated with the man in charge. Do you remember what Armstrong told you?— Yes, he said we were to go over and take up our stations at Byrne's house.

[[#rc5069|5069]] ''By the Commission''. —Have you been speaking about the case to your comrades or anyone since you were last examined here about the evidence you were giving?— No.

[[#rc5070|5070]] Was that all that Armstrong told you. Did he assign any reason why you were to take up your posts there?— No, he did not assign any reason.

[[#rc5071|5071]] He did not say he had been told anything?— No, he did not.

[[#rc5072|5072]] You stated in your evidence that Mrs. Sherritt came and told you to go to Byrne's hut, and that she had been instructed to do so by Detective Ward?— Yes.

[[#rc5073|5073]] Will you give the exact words that Mrs. Sherritt used to you when she came from the hut to you that night to where you were wood-cutting?— She said that Mr. Hare and Detective Ward were down at the hut, and that Ward sent her up to tell me and Armstrong to take up our posts as quickly as we possibly could at Byrne's house.

[[#rc5074|5074]] Did she say anything else?— That is all she told me to do.....

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