Royal Commission report day 24 page 13
The Royal Commission evidence for 1/6/1881
(see also introduction to day 24)
Const James Dwyer giving evidence
9456 Then yourself; Bracken, and Senior-Constable Kelly were all rushing at the outlaw when Sergeant Steele fired and closed with him?— Yes.
9457 You said Steele shot at him, and he fell as he shot at him?— Yes.
9458 And as he was firing he held the revolver that way?— Yes, and Steele rushed forward and pulled it out of his hand and laid it by his side. I vaulted over the log and got at Ned Kelly's feet as he was bending on his knees. Sergeant Steele had him with his left hand across his neck, this way— [indicating the same]. Senior-Constable Kelly was standing behind, Bracken had hold of Kelly's left arm, and I was in front. Kelly was trembling with fear, and said, “Do not kill me, let me live as long as I can I never injured one of you.” The helmet fell off as he was firing.
9459 After or before the revolver was taken?— Before it was taken.
9460 Did you see the railway guard Dowsett there?— He was about the fourth or fifth man that came up. Constable Montfort about the same time, about the fourth man, and after him Dowsett, and then the reporters of the press.
9461 How long was it before Dowsett came?— Not five seconds.
9462 Did you see Dowsett fire before you reached Kelly?— No, the first I saw of Dowsett was under the log with his head out.
9463 Did you see him fire?— I did not.
9464 Was that the log Ned Kelly was behind?— No, it was lower down, towards the railway fence. Senior-Constable Kelly was nearer the fence than Dowsett.
9465 It is said you wanted to make short work of him on that occasion?— I never made use of that expression.
9466 That you were going to finish him off?— I never made use of that expression.
9467 What did you say?— When he said he never injured any of us, I said, “You d –– wretch, after your shooting my comrade and Mr. Hare, and when poor Kennedy was begging his life of you as you are begging yours of us, you shot him like a dog.”
9468 Did you give him a friendly kick?— I did not. The kick I gave him was the kick I would give a cow to wake her up. It was to show my contempt; it would not have hurt a child. He said, “For God's sake, let me live as long as I can.”
9469 He did not want to die?— No; he showed all the symptoms of cowardice.
9470 You did not believe much in his courage?— What roused me was having heard he would never be taken alive, and then seeing his cowardice at the time.
9471 What did you do, because it has been stated publicly that you were going to finish him off on that occasion?— I never expressed such a word.
9472 On your oath, you say all you did was when you went down towards his feet, and you said to him, when he was begging his life, that he had shot Kennedy like a dog, and you kicked him?— I gave him a tip with my boot. When the crowd was leaning over Kelly, two bullets whizzed past from the outlaws in the house.
9473 In what direction?— At the crowd of as. The two outlaws in the house fired at the crowd as they were looking at us capturing Kelly. I saw them outside, between the kitchen and dwelling part of the house. Mr. Melvin, of the Argus, called out, “Keep watch, keep watch!” addressing himself more to me. I left the crowd to go back to Mr. Sadleir, and, passing in view of the outlaws, one of them came out from the kitchen door and levelled his gun, and I did the same with mine, and he drew back; and the other police, seeing him, put a shower of bullets at him. The police round the trees at that side–Arthur and Montfort and others–fired a shower of bullets at him. I saw the barn shot off the side of the kitchen door, where he was standing. He said, “Fire away, you b–s, you cannot kill me.”
9474 Did you see Constable Arthur before you saw Sergeant Steele shoot Kelly?— No, I did not.
9475 How long after was it before you saw him?— About three minutes.
9476 Where did you first see Arthur after you left Kelly?— When I was going back to Mr. Sadleir. I met him coming up to the crowd from where he was.
9477 How far from Ned Kelly, should you think?— This was after Ned Kelly was captured.
9478 How far was where you met him from where he was captured?— About 20 yards.
9479 Did you see him running away?— No.
9480 Did you see any of the constables firing at Kelly except Sergeant Steele?— No, I did not see any only Sergeant Steele. Passing in front of the house, two bullets whizzed at me from the two outlaws in the house, and Mr. Sadleir, seeing my narrow escape, exclaimed, “Good God, Dwyer, why are you going about in that reckless manner, you will be shot?” I said, “I came down, sir, to inform you of Ned Kelly's capture.”....
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