Royal Commission report day 17 page 8
The Royal Commission evidence for 10/5/1881
(see also introduction to day 17)
Constable Dowling giving evidence
4924 As sure as at ten yards?— Yes, I would.
4925 Then were not the men standing and firing at the house in as great danger as if they had closed and made that rush?— I do not think so.
4926 If you had not fired a single shot you could have kept the outlaws there till the present time?— No, I do not think so.
4927 Was there any chance of their escaping, suppose they had come out?— Not if they had come out in the light, but I believe if they had come out at dusk they might have escaped.
4928 Could they come out at night and escape?— Yes.
4929 Was it what the police talked of as being likely that night would fall before they were captured and that they would get away?— No, I never heard them say so.
4930 At what hour did you afterwards see the last of the outlaws at the house?— It was one of them that came out after the people surrendered—I believe it was after; he came out in the back yard at the west of the building.
4931 Did you see anyone at the windows?— I did.
4932 Did you see any constable fire at that man when he came to the window?— I did.
4933 What constable?— I think: Constable Williams or Williamson; I fired also.
4934 Did you hear any constable say “There is Dan Kelly at the window”?— No, we could not tell them one from the other in armour.
4935 Were you present when Constable Johnson set fire to the building?— I was.
4936 Did you hear anything about a cannon being sent for?— I heard it spoken of by the other constables.
4937 That they were waiting for the cannon to blow down the house?— Yes.
4938 Do you know the reason the place was set fire to was because they thought the cannon would not arrive before dusk and the outlaws might escape?— No, I did not.
4939 Did you hear that said at the time?— No.
4940 Did you hear why the cannon did not come?— No, I did not.
4941 You said just now, I believe, that you received commands of what you were to do while you were there. after taking your position, from some officer of police—did you?— Yes.
4942 Were the orders passed from man to man?— Passed from man to man.
4943 Whom did you receive orders from?— I could not say.
4944 Did the orders poss from right to left or left to right?— Left to right, I think.
4945 Whom did you got your ammunition from?— We went to the railway station; Mr. Sadleir told us where to go.
4946 Did you go to him about it?— Yes.
4947 Did you leave a constable in your position when you left?— Yes, there were some not far away.
4948 Did you say to the next constable, “I am short of ammunition, I am going for a fresh supply”?— I think I said; “I will go the station for more ammunition.”
4949 Then when you went to the station whom did you see?— Mr. Sadleir was the first, I think.
4950 Did he see you serve out your ammunition?— No.
4951 Did you take it yourself?— Yes.
4952 What was it in?— I could not say what it was in now.
4953 What did you say to Mr. Sadleir when you went down with your rifle and without ammunition —try and recollect what you said and what occurred exactly?— I had no more ammunition, he told me to go and get some off someone who was there.
4954 Did he question you as to what was going on in front, or give any instructions what you were to do when you went back to the front?— No, he did not. He was up there a few minutes previous to that. He only said we were to take up our posts as usual.
4955 You say he was up there; where was “there”?— Fifteen or twenty yards nearer to the railway station than where I was.
4956 Between your position and the railway station?— Yes.
4957 Did you see him come round to the men?— I did on a few occasions previous to that.
4958 Did you see Mr. O'Connor?— I did.
4959 Was he going round to the black trackers or to the ordinary men?— He was walking with some of the reporters.
4960 Was he armed?— I think he had a double-barrelled gun, I would not be sure.
4961 Had he a cap on his head?— That I could not say.
4962 What o'clock was that?— Previous to dinner time and after, I think.
4963 Did you hear one of the constables volunteer to go up to the hotel in Kelly's armour?— No, I did not.
4964 You did not hear it talked about that there was one who volunteered?— Yes, I heard that Constable Dwyer offered to go and rush.
4965 In Kelly's armour?— No, not in armour. I also heard that Constable Montfort volunteered to rush afterwards.
4966 Did you see Senior-Constable Kelly at all about?— No, I did not.
4967 Did Sergeant Steele?— Yes, I believe I saw Sergeant Steele.
4968 What distance apart were the men surrounding the building?— It might be ten or twelve yards.
4969 All round the house?— Yes. ....
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