Royal Commission report day 17 page 5

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The Royal Commission evidence for 10/5/1881

(full text transcription)

(see also introduction to day 17)

Constable Dowling giving evidence

4809 Could you see them leaving the railway line?— Yes, I could see them pretty well.

4810 And you saw Mr. Sadleir there?— Yes.

4811 What had you done by the time you fired three shots—you saw the prisoners come out of the hut?— Yes, I fired some into the building.

4812 In the interval between your moving from the north point to the west of the building, did you receive any instructions from any officer to do any particular work?— No, I did not.

4813 After the prisoners left the hotel, where did you go then?— I walked closer up towards them.

4814 Doing what?— I was looking out to see if any of the outlaws were among them.

4815 Did you still remain about that spot?— Yes.

4816 All the day, up till later in the day?— Yes.

4817 When did you leave watching any portion of the hotel?— When we got word by the police that they were dead inside.

4818 You remained about that spot till the place was fired?— Yes.

4819 Did you see any one fire from the hotel after the prisoners were released—you were then within 20 yards of the hotel?— No, I cannot say I did.

4820 You were watching the building all the time, from the time you took up your position?— Yes, I am not sure. I believe I saw shots fired at constable Williams.

4821 Did you see any shots fired after the prisoners were released?— I think I did.

4822 It is not a question of thinking—did you or did you not?— I am not positive.

4823 Is it possible there were none?—There may have been, because there were shots fired by other constables from the other end of the building. I cannot say for certain.

4824 When you were placed in this position, from the north to the west, and back again, where were the other police stationed?— All around the house.

4825 Surrounding the whole building right round?— Yes.

4826 Were there shots fired from all directions?— Yes.

4827 Could policemen have fired from the back side, and you and others been under the impression that they came from the hotel?— No; we could judge pretty well.

4828 Was there any danger when you were firing to the persons at the back?— Yes, there was.

4829 Did you receive any instructions how to conduct your fire?— I got word from other constables, and I think it came from the officers.

4830 What word did you receive from the other constables?— That we were to be careful and hit the house, in order not to shoot any other constables on the other side.

4831 Whom did they say that order came from?— Mr. Sadleir, I think it was.

4832 Did they tell you who it was?— I cannot swear, but I was under the impression it was.

4833 Did either of those constables say that the orders came from Mr. Sadleir, or any one else?— No, they did not.

4834 Were you under cover of a tree or fence?— Some were out in the open, and some behind trees.

4835 How many police would there be surrounding the hotel, say at eleven o'clock in the morning?— I could not judge who were at the other side. I could not see any of those.

4836 Did you see any officer connected with the police at any time during the day for the purpose of giving information to the men placed in position?— I did. I saw Mr. Sadleir going round to them.

4837 Did he come to you?— No, I do not think he did.

4838 Or any other officer during the day?— I saw Mr. O'Connor walking around.

4839 Did either of the officers come to give instructions?— No.

4840 Did any sergeant or constable give you instructions?— No.

4841 When did you first see Mr. O'Connor—do you know Mr. O'Connor?— He was pointed out to me by some other constables.

4842 On that day?— Yes. I saw him walking up and down with the porters of the railway station immediately I arrived there.

4843 Was he on the platform when you arrived there?— I would not swear that I saw him walking up to the railway station. I think after I took up my post.

4844 Where were you when he was pointed out to you as Mr. O'Connor?— I was at the north of the building, he was farther back than me.

4845 Further north?— Yes.

4846 Did you see the black trackers?— I did.

4847 Where were they stationed?— They were further back than me, also some of them were more to the west.

4848 But were further back from the hotel than you?— Yes.

4849 That would be at nine o'clock?— No, after nine; about ten or eleven.

4850 Did you not see the black trackers till after you had been on the ground an hour?— Yes, I did; they were in about a line with me.

4851 You did not see them when you went to this point beyond the platform?— Yes, I did.

4852 Where were they?— A few yards further back from me.

4853 Nearer Beechworth?— Yes.

4854 Where was Mr. O'Connor at this time?— He was coming up with some of the reporters from the railway station.

4855 Do you know the reporters?— No.

4856 Would you know them if you were to see them?— No.

4867 How do you know they were reporters?— I heard some other constables say so.

4858 Where did he come to?— He came away up round to the west of the building,

4859 Come round from the railway station to the west?— Yes. ....

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