Royal Commission report day 19 page 46

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

'SConst Charles Johnston giving evidence'

7156 And they did not come out?— They did not.

7157 Did they reply at all?— I did not hear them reply at all.

7158 Not even a reply to the firing?— No, I did not hear it.

7159 Were you present when the proposal was made to burn the house?— I was; I made it.

7160 Had you any idea at the time that you would be burning the bodies, or did you think it would drive them out?— To drive them out.

7161 Did you expect it would injure any human beings besides them?— I did not. I was not told there was any other person in the hotel.

7162 You were not told at that time that Byrne was lying at the hotel dead?— I was not told where he was; I was told he was shot.

7163 Were you present at the consultation about burning?— I was. I went to where Mr. Sadleir and Mr.O'Connor standing, and I said to Mr. Sadleir—I asked him what he was intending to do, and he said “I have sent for a cannon to Melbourne , to be here about three o'clock .”

7164 The proposal was to batter the house down?— Blow the house down with cannon. I said, “Surely you will not send down for a cannon; cannot you take other means to get them out.” I said, “Why not fire it?” Mr. Sadleir said, “How would you do that?” I said, “By getting some straw and kerosene and to get at the windward of the building it could be fired, and perhaps they would come out then.”

7165 Was that agreed to?— Not immediately. Mr. Sadleir said something to Mr. O'Connor, which I did not hear at the time, and he then said to me, “Well, in the name of God, do it”; but, if it is done, we will get a younger man than you to do it.

7166 What did you say?— I said that anything I proposed I would carry out, and if it was done at all I would do it myself.

7167 You got the straw and kerosene?— Yes, and I saw Mr. Sadleir on the platform, when I said, “All ready.”

7168 Was he on the platform when this proposition was made?— No, on the ground, on the north side of the hotel.

7169 Was it arranged then?— I went away towards the range, and Mr. Sadleir met me, and he told me he would go and make arrangements to have a party to fire into the building while I would go up and set fire to it.

7170 And that was done?— Yes.

7171 When you came from Violet Town , what officer did you see upon the ground?— The first I saw was Mr. Sadleir. He was the only officer belonging to the Victorian police there. He was on the platform.

7172 Did you speak to him?— I did.

7173 Did he give you any instructions?— What he said first to me was, “ Johnston , you will have to keep quiet and not irritate the men.”

7174 What did you understand by that?— I suppose Mr. Sadleir thought I would likely make a rush where the outlaws were. He said they had captured Ned, and Joe Byrne was shot, and the other two in the hotel they would get before night.

7175 Do you consider his object was to spare the police?— I think it was.

7176 By Mr. Sadleir— What men were not to be irritated? Was it to “excite” or “irritate”?— To irritate or excite.

7177 What men?— The police.

7178 The police with you—the party you brought?— Yes; the police in general, I took it to be.

7179 By the Commission— Is it generally known amongst the officers that you are of an impetuous temperament?— I am not aware of it.

Mr. Sadleir — That is the man's nature—He is very impetuous and very hot-heeded.

7180 By the Commission— Did you see the police round the house while the fire was catching it?—Yes, they were all round the building, at some distance off.

7181 Did any policeman attempt to go into the building, or to go near it, before the priest went into it?— No....

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