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Royal Commission report day 33 page 9

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 28/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 28/6/1881|day 33]])

[[../../people/peH_J/johnstonCPC.html|'''SConst Charles Johnston''']] ''''''giving evidence''''''

[[#rc12435|12435]] Did you call him-again?— I called him about six.

[[#rc12436|12436]] Did you call him again?— No.

[[#rc12437|12437]] Was he ill?— I am not aware of it.

[[#rc12438|12438]] Was he fit for duty?— I do not know.

[[#rc12439|12439]] What do you think?— It is hard to form an opinion. He was in bed.

[[#rc12440|12440]] Did he get up at nine?— I saw him about half-past eight.

[[#rc12441|12441]] Did you see Mr. [[Nicolson|Nicolson]] that morning?— I did not.

[[#rc12442|12442]] Do you know whether Mr. Nicolson sent to see if the party had gone?— I told Kitt we could not get away, it was a shame to keep us waiting. He said he would go and tell Mr. Nicolson.

[[#rc12443|12443]] Is he an old constable?— Yes.

[[#rc12444|12444]] Did he tell him?— I was told by the constable that was with Mr. Smith, named [[Const Broderick|Broderick]], that Mr. Nicolson came down to the hotel and ordered him off after we had left. The party was gone before [[Brooke Smith|Mr, Brook Smith]] started.

[[#rc12445|12445]] Did Mr. Nicolson take any action from the time you gave him the information the night before that you had the police horse till you started the next morning, to see the party were off?— I am not aware of it. I never saw him. Mr. Brook Smith overtook us on the road.

[[#rc12446|12446]] How far were you on?— We were about two miles out when he overtook us. He rode on in the direction of the ranges in front of us.

[[#rc12447|12447]] Was he by himself?— Yes, he was; the party was after him until we got within about two miles of [[Brien's orangery|Bryan]]'s place.

[[#rc12448|12448]] Was it where you left the tracks?— No, we wanted to turn off on to the left, and get up the gully, and not go near Bryan's place at all, for the purpose of setting on the tracks where we had left them, we got on near to the foot of the range when Mr. Smith ordered us to “form up” again, and he asked me where I was taking him to. I said, “We are going up this gully, and we will get on the tracks where we left off yesterday in about twenty minutes.” “No,” he said, “you will come this way,” and turned us to the right. He said, “You must go to where I lost the tracks myself, I will follow them up there.”

[[#rc12449|12449]] Where had he lost the tracks?— About between four and five miles from Bryan's place, further back in the ranges, about ten miles further back than we had tracked them. We turned to the right and went to Bryan 's.

[[#rc12450|12450]] Contrary to the wishes of the men and yourself?— Yes, contrary to the wishes of the men and myself.

[[#rc12451|12451]] In fact, contrary to your knowledge of what ought to have been done?— Yes, quite contrary to what we thought ought to be done.

[[#rc12452|12452]] You had been over the ground and knew where you were going?— Yes. Dixon was the guide with us that thoroughly knew the country.

[[#rc12453|12453]] He could have taken you to exactly the spot?— Yes.

[[#rc12454|12454]] Mr. Smith ordered you the reverse way, and you were bound to obey the orders of your officer?— Yes.

[[#rc12455|12455]] What occurred when you went back that ten miles?— We again picked up the tracks where we had left off the day that Mr. Smith was with us, and followed them on to where we had left them off the night we got the pack-horse.

[[#rc12456|12456]] You had then done the ten miles four times over?— Yes. We then picked up the tracks again, and ran them in the direction of Taminick station.

[[#rc12457|12457]] That was on the Sunday?— Yes.

[[#rc12458|12458]] That would be about the 10th?— Yes, on the 10th.

[[#rc12459|12459]] Was Mr. Smith with you at this time?— He was; he remained with us then.

[[#rc12460|12460]] How far did you get on the tracks that night beyond where you had been on them the night before?— On the Taminick station–about 15 or 20 miles.

[[#rc12461|12461]] You had followed them up 26 miles that day?— Yes, about that; the trackers were very slow. They walked; they could not track unless they were on foot. It was two of the [[Aboriginals|Coranderrk]] [[Police Trackers|trackers]] we had; and we camped at the Taminick station that night, and the following day we picked up some tracks again, and ran them in the direction of Glenrowan. We started very early the next moving, just after daylight.

[[#rc12462|12462]] Was Mr. Brook Smith with you then?— He was.....

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