Royal Commission report day 24 page 15
The Royal Commission evidence for 1/6/1881
(see also introduction to day 24)
Const James Dwyer giving evidence
9490 That would be about seven o'clock in the day?—Kelly was captured about sixteen minutes to seven. I looked at my watch when I got back to the trench by Mr. O'Connor, and it was then twelve minutes to seven.
9491 Were there any of the reporters about when this conservation took place?— There were not.
9492 Who was by?— Mr. Sadleir and I.
9493 Anyone else?— I did not see anyone else.
9494 Was Dowling there?— No.
9495 Did you see Dowling Ned Kelly there?— Yes.
9496 What was he doing?— Like all the others, assisting.
9497 Did you see Dowling at the station with Kelly between seven and nine o'clock ?— No.
9498 Did you see Dr. Nicholson?— Yes; while the conversation was going on, Dr. Nicholson was the first I saw come in to dress his wounds. Ned Kelly was bandaged at this time. As Dr. Nicholson came in, Mr. Sadleir told me to go and tell Mr. O'Connor to come up, that he wanted him. I went to the trench, and told Mr. O'Connor that Mr. Sadleir wanted him at the station. At this time, Mrs. O'Connor and the train she was in was whistling, going back to Benalla. Mr. O'Connor stood up in the trench, and was waving his handkerchief to her, and she was at the carriage window doing the same to him; and at that time two bullets passed from the outlaws in the house at Mr. O'Connor when he was standing in the trench; the bullets went through the railway wheels.
9499 Did you see them?— I heard the rattle of them going through the railway wheels; Mrs. O'Connor fell back on the seat, and Mr. O'Connor stood up, turned his gun and fired at the house, and said, “You , would you shoot my wife.” One of the trackers, while he was standing in the trench too with Mr. O'Connor there, a bullet went here, and made a trail through his hair, and he said, “Oh, I believe I am shot.”
9500 That was while you were in the trench?— Yes.
9501 You seem to have had a special gift for seeing bullets whizzing past; Mr. Sadleir described you as jumping over the bullets; did you see any particular bullets passing?— It is an absurd thing, with all due respect, to say that I jumped them. The words that Mr. Sadleir expressed I am sure could not be reported correctly.
9502 He said you were jumping about, going from point to point?— I was jumping about everywhere.
Mr. Sadleir — I said as a bullet struck the ground before him he jumped.
9503 By the Commission— How could you tell the bullet hit the train?— I heard the rattle of the bullet going through the wheels.
9504 But the train would make a noise?— The bullets made a noise like hitting a target.
9505 How could you hear the rattle of the bullet going through if it did not strike something?— I saw the dust of the bullet when it struck the wheel and heard the noise of it, the same as if it hit a target. The time I did jump was when I was coming to tell Mr. Sadleir, and when the bullets whizzed round me and they turned up the ground at my feet. I made a jump when the bullet tore up the earth in front of me.
9506 When you were coming to Mr. Sadleir did any bullets strike the ground in front of you?— One bullet did, and the other passed close by me, and Mr. Sadleir heard it, and he made use of the expression.
9507 You did jump then?— Yes, that was the only time.
9508 What time in the morning was this?— Twelve minutes to seven.
9509 Daylight?— Broad daylight. I got in the trench and looked at my watch. It was twelve minutes to seven.
9510 Was Mr. O'Connor still in the trench at the time the train left conveying Mrs. O'Connor to Benalla?— He was standing straight up in the trench.
9511 Had you seen him anywhere from the time you arrived on the ground until the special train left in any other place except in the drain?— Up to that time I never saw him anywhere but there.
9512 What time was it when the train left with Mrs. O'Connor?— It would be near nine o'clock , I should think.
9513 Did you look at your watch about the time the train left?— No, not at that time.....
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