Royal Commission report day 24 page 18
The Royal Commission evidence for 1/6/1881
(see also introduction to day 24)
Const James Dwyer giving evidence
9540 Could you swear those were the two men, Hart and Kelly?— Yes, I knew the man I saw in that position, with the black hair and sallow complexion, was Dan Kelly.
9541 How far apart from each other?— About six yards, the length of the dwelling house, one at one end and the other at the other end. Dan Kelly was at the chimney side, with his feet on the bed opposite the window.
9542 How did they get together when the bodies were found?— They were not together.
9543 Opposite the window you say?— Yes, the full length of the house. The passage was in the centre, leading out, and we were in the passage, and saw on each side.
9544 That is one to the north and the other to the south?— Yes, the whole length of the house. We could not get to them because of the fire, and Armstrong said to me, “Come out, Dwyer, we cannot take them.”
9545 Were they dead at this time?— They were. “No,” I said, “we will have to leave them to their fate.”
9546 Did they have any appearance of having killed one another?— No, the blood I saw along the arms and neck and thighs led me to believe they were shot by the police, and that the heavy thuds we heard was their being shot.
9547 Did you see them before they were shot?— Yes, I have said so. Armstrong said, “Come out,” and I said “Yes, we will have to leave them to their fate,” and we had only just left the place where we were standing when the ceiling fell down.
9648 Were you and Armstrong the first to follow the priest?— Yes, the two first, and took out the body of Byrne.
9549 Did you go from the front door?— No, the back door.
9550 Then you must have gone round to the back when the priest went in at the front?— No, we did not stir till the priest came out.
9551 You said you heard the priest ask them to make a confession and you were twenty yards away in front of the house?— Yes.
9552 Where were you when you heard that?— At the north end of the house, the Wangaratta side, partly to the front and partly at the side.
9563 You saw the priest enter?— Yes.
9554 Did you see him come out again at the front?— No, at the back. He went in at the front and out at the back.
9555 Did he return out through the front again?— No, he went out of the back door.
9556 Then you entered at the back door?— Yes.
9557 You say you saw the priest coming out of the back door?— He went in at the front, looked at them, and they were dead, as I said, and passed out of the passage over the body of Joe Byrne, and out at the back door towards the kitchen, and said, “Come up, men, those men are all dead.” We ran round to where he was standing and passed him and went in and took out the body of Joe Byrne. The priest said, “Go back, the other two men are on the beds.”
9558 How far did you go in from the back door?— Just as far as the bar.
9559 Where were the two bodies lying when you found them?—[ The witness pointed out on the plan the positions he had previously referred to.]
9560 If any constables say that in taking out the bodies they got them close together would that be true?— Not true. When I came out I saw Mr. Sadleir taking Cherry, and heard the expression: “Give me a drink of water.”—
9561 If six witnesses swore that the priest came out of the front door would that, in your opinion be incorrect?— It would be incorrect. He never entered the house after telling us.
9562 You swear that he came out of the back?— Yes, and stood between the kitchen and the back building, and no man could enter the house without my knowing it.
9563 How long was it from the priest went in at the front door, having taken off his hat and said what you said about confession, till Mr. Sadleir came to the door?— About a minute.
9564 Just time to pull out Joe Byrne's body and to see that you could not get the others in consequence of the fire.—
9565 How long would that be?— About a minute. He was up to the door taking the body of Cherry in a blanket, and I heard Cherry say, looking up, “Give me a drink of water.”
9566 Was the body of Byrne taken out at the back or front door?— The back door. Armstrong and I took it out and left it there.
9567 Is the back door out towards the skillion place where the yard is?— Yes.
9568 And the front door is towards the railway?— Yes.
9569 Do you know the tree Sergeant Steele says he was behind?— No. I saw him by a tree at the north.
9570 Do you know the tree that it is said Steele was behind?— No, I do not.
9571 Did you see him behind the tree?— No, I did not.
9572 Would that tree command that back door you spoke of?— Yes.
the witness withdrew.
The Chairman intimated to the officers present that the Commission had passed a resolution that be further attendance of the officers be dispensed with.
Adjourned to to-morrow at Eleven o'clock .
[~[[See report of Proceedings 1/6/81]|6189]~]
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2/6/1881 ....
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