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Royal Commission report day 24 page 12

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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'''

[[#rc9438|9438]] You did not tell those men at the back of the stockyard that Mr. [[Sadleir|Sadleir]] had instructed the men to fire high?— Yes.

[[#rc9439|9439]] Did you ask those men to convey that information round to Sergeant [[Steele|Steele]] and his men?— I did, to pass the word round.

[[#rc9440|9440]] Which of the constables did you tell?— Constable [[Const R Alexander|Alexander]], I think.

[[#rc9441|9441]] Did you see [[Gascoigne|Gascoigne]]?— I did.

[[#rc9442|9442]] Where was he?— He was round at the Benalla side too.

[[#rc9443|9443]] Did you speak to him?— I believe I did. There are so many I could not particularize them all; and going back to Mr. Sadleir, I said “The men are short of ammunition, tell me where it is till I take it up to them.” Mr. Sadleir said, “I do not know where it is, or whether there is any at the station. Every man that came with me brought a hundred rounds, and I do not know whether there is any at the station.” Mr. O'Connor said then, “Then send for it.” Mr. Sadleir then took out his memo. book and scribbled a telegram on it for me to take to the railway station, and send it to Benalla for ammunition.

[[#rc9444|9444]] Where was Mr. Sadleir and Mr. O'Connor at this time?— In the trench. I met Mr. Sadleir out of the trench; he was standing in a very dangerous position. The bullets were whizzing round him, and his bravery at that time cheered me. My feelings towards him were that of a brother, and I would follow him to the mouth of the outlaw's gun at the time.

[[#rc9445|9445]] Where was he standing?— He was out on the open.

[[#rc9446|9446]] Was he outside the railway fence?— He was near the fence leading up to Mother Jones's house, but still partly in the trench, partly covered like.

[[#rc9447|9447]] What time would that be that you got back to Mr. Sadleir and Mr. O'Connor?— It was before he gave me this paper.—

[[#rc9448|9448]] What time was it that you were at the stockyard–half-past six?— I cannot mistake, because I looked at my watch.

[[#rc9449|9449]] What time was it then?— Twenty-five minutes to seven. He gave me the paper, and I left, and went up to the railway station. Approaching the railway station, Mr. [[McWhirter|McWhirter]] and Mr. [[Allen|Allen]] came forward and said, “What is it, Dwyer?” seeing me with this paper in my hand. I said, “It is only a telegram for more ammunition.” I then asked where was the station master, as I wanted to send this telegram. Mr. [[Stanistreet (2)|Stanistreet]] came forward, and I gave him this paper, and he sent it forward to Benalla.

[[#rc9450|9450]] Was there any ammunition at the station?— No. Mr. McWhirter said, “Why, Dwyer, one of the outlaws is out in the bush, and the men are firing at him.” I looked up, seeing where they were, and saw [[Ned Kelly|Ned Kelly]] at the time. He had on a grey top-coat. He said, “Fire away, you b–s, you cannot kill me; I am encased in armour.”

[[#rc9451|9451]] You heard that?— Yes; and said, “Come out, boys, and we will lick the lot of them,” beckoning to the other two outlaws, “Come out, and whip the lot of them; Oh, you b–s, we will put the daylight through you.” I ran away from the reporters. Allen had hold of me by the right arm, keeping me back, saying, “Do not, Dwyer, you may be shot;” and tearing myself away from him, I fell on my right side; he had such a grip of me; and the first man I met was Constable Bracken, behind a tree, after crossing the railway fence. He said, pointing with his finger, “There is Ned Kelly.” I said, “Why not rush him; I am told he has armour on, you cannot kill him.” I heard the police on my left say, “Certainly, boys, let us rush him,” and on looking I saw Senior-Constable Kelly. I was then rushing up to rush Ned Kelly, and when about twenty yards I fired one barrel. At this time Ned Kelly was crossing a dry creek towards the log where he fell.

[[#rc9452|9452]] What did you fire with?— My shot gun. Ned Kelly was then walking towards the dry creek coming down, and he turned round to fire at me, covering me. I was looking down at my gun to pull back the empty cartridge, I heard some one call out, “Look out, Dwyer, he has you covered.”

[[#rc9453|9453]] Who was it?— I did not know who it was at the time. I heard afterwards it was Mr. Rawlins–he told me so. While he was firing, Sergeant Steele fired at him.

[[#rc9454|9454]] Did you see Sergeant Steele? I did, and Ned Kelly dropped down. He was near the dead tree, and dropped down on his haunches like this–[''indicating the same''], and when Sergeant Steele was running up, Ned Kelly at this tried to shoot him with his revolver, and Sergeant Steele grasped it and turned it over.

[[#rc9455|9455]] Did you see that?— Yes, we were running up. Senior-Constable Kelly, Bracken, and I were running up at the time. Sergeant Steele was the first and us three after; Sergeant Steele was at his head.....

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