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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''''''

[[#rc7261|7261]] Yes?— They ran as fast as ever they could up to the hotel.

[[#rc7262|7262]] When the priest came out?— Yes, when the priest came out; they pulled out the body of [[Joe Byrne|Byrne]] and then got [[Cherry|Martin Cherry]].

[[#rc7263|7263]] But the place was on fire at the time?— Yes.

[[#rc7264|7264]] And they ran in while the place was on fire?— It was as much as you could do to get in when we got up to it, with the smoke and fire through the house.

[[#rc7265|7265]] You could not get the other bodies out?— No, it was impossible to get in at that time.

[[#rc7266|7266]] What distance were you from the hotel when the priest entered?— About twenty yards.

[[#rc7267|7267]] Were you as near the hotel as any of the police?— I was.

[[#rc7268|7268]] None of the police were nearer than you were?— No, but we were all closing in on the hotel.

[[#rc7269|7269]] You were at that distance when the priest came out?— Yes; we were not that distance when he went up first.

[[#rc7270|7270]] How far then?— Thirty yards, I daresay, the nearest then.

[[#rc7271|7271]] Arrangements were made for your protection at the time you went up to the building to set fire to it?— A body of police were to cover me while I went on foot.

[[#rc7272|7272]] Did they fire at all while you went up?— Yes.

[[#rc7273|7273]] And they protected you while you approached the building to fire it?— Yes.

[[#rc7274|7274]] How far were they off when they were firing?— I think Mr. Sadleir was the nearest, I should think thirty yards away. He took up a position to watch the back between the two buildings, so that he had a good view if they came out at the back.

[[#rc7275|7275]] Was he directing the men in the firing?— He was.

[[#rc7276|7276]] Did you hear any orders he gave?— Yes.

[[#rc7277|7277]] What?— They slackened the firing, and I heard him sing out, “Keep up the firing,” when I was going towards the building.

[[#rc7278|7278]] Did you hear of any civilians offering to rush the place?— I did not.

[[#rc7279|7279]] If you were left to yourself would you have rushed the place sooner?— I would have rushed the place, undoubtedly, sooner.

[[#rc7280|7280]] Along with the other men?— Yes.

[[#rc7281|7281]] Could you go from the main building to this place where Cherry's body was lying without going through the place; was it entirely detached?— Yes, there might be three feet or more between the detached building and the dwelling-house.

[[#rc7282|7282]] You did not know how Cherry had got into that?— No.

[[#rc7283|7283]] Suppose the outlaws had been alive, do you not think they could have escaped into the shed behind when the fire came?— They could.

[[#rc7284|7284]] ''By Mr. Sadleir''— Did not that take fire afterwards?— Yes.

[[#rc7285|7285]] They would have had to come out of that afterwards?— They would have had to come out of that afterwards.

[[#rc7286|7286]] ''By the Commission''— Could they have got in without exposing themselves to the fire of the police?— Not very well; Mr. Sadleir would have seen them from his position, passing from the passage to the other building, and on the other side there were other men.

[[#rc7287|7287]] ''By Mr. Sadleir''— That shed took fire afterwards?— Yes, after Cherry's body was removed.

[[#rc7288|7288]] ''By the Commission''— From all points were the police sheltered, or were some exposed?— Some were exposed; I saw Constable Dwyer standing down near the railway fence without cover.

[[#rc7289|7289]] How many were exposed within a distance of thirty yards?— I saw Dwyer once.

[[#rc7290|7290]] Within a distance of thirty yards, exposed to shots such as those men were reputed to be, do you not think a man would be certain to have his life in danger as much as he would by rushing the building?— Had the outlaws been out of armour and free from drink he would, but I do not think they could do it in armour.

[[#rc7291|7291]] You think they were prevented from shooting straight by the weight of armour?— Yes, they could not get proper sight by the weight of armour.

[[#rc7292|7292]] In that case would not the danger have been much less in rushing while they had the armour than while they had not?— I think that it would have been safer to rush them with the armour on than off.

[[#rc7293|7293]] Did you get that impression at the time or since?— That was not my opinion at the time, because until I got on the ground I never knew they had armour.

[[#rc7294|7294]] How soon after you arrived did you discover that?— Shortly after I got on the ground, I was taken in and shown Ned Kelly's armour.....

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