Royal Commission report day 17 page 11
The Royal Commission evidence for 10/5/1881
(see also introduction to day 17)
Constable Dowling giving evidence
5040 Did you know what was going on at that end?— No.
5041 Was not your first knowledge of the fire seeing the smoke?— It was.
5042 You heard a small volley before the smoke appeared?— Yes.
5043 You did not under stand what that meant?— No.
5044 You said you did not see Senior-Constable Kelly about at all?— No, not that I am aware of.
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.
5046 You will not swear you saw him before that?— No.
5047 Could you swear to him if he were in plain clothes in the room now?— Yes.
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.
5049 By Mr. Sadleir. —Where did you see Sergeant Steele?— I cannot say whether I saw him. I think I saw him in the morning.
5050 Are you not aware that Sergeant Steele got hurt on that occasion early, through 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.
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.
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.
5053 By Detective Ward . —On what day did you leave Beechworth to join the party at Mrs. Sherritt's?— On the night of the 17th June.
5054 Who was in charge when you arrived there?— Constable Armstrong.
5055 Was Constable Duross with you at the time?— Yes.
5056 I gave you instructions to report yourself to Constable Armstrong, who was in charge of the party?— Yes.
5057 And sent a guide with you to show you the place?— Yes.
5058 You did receive instructions from him and accompany him to watch a certain place?— Yes.
5059 The Chairman (to Detective Ward). —We have got all that from him. Have you any point you wish to establish?
5060 By Mr. Ward (to the witness). —Do you remember the night I called at the house?— Yes, I do.
5061 Do you remember you were cutting wood in the bush at the time?— Yes.
5062 Did any person go for you, or were you returning of your own free will after performing the duty?— Mrs. Sherritt came up to where we were.
5063 After she did, did you see me some time after at the house?— Yes, a few minutes afterwards.
5064 Did you see me speaking to Constable Armstrong?— I did.
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.
5066 That was Saturday the 19th?— Yes.
5067 On that night whom did you receive your orders from?— Armstrong.
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.
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.
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.
5071 He did not say he had been told anything?— No, he did not.
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.
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.
5074 Did she say anything else?— That is all she told me to do.....
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