Royal Commission report day 24 page 5
The Royal Commission evidence for 1/6/1881
(see also introduction to day 24)
Sgt Steele giving evidence
9263 You have told the Commission that the police ran away, except yourself. Is this statement correct that Dowsett makes in which he states that he had a conversation with Constable Kelly, that he fired at him several shots, and he and Constable Kelly were coming up to attack him at the time you fired –is that correct?— Not so far as I can judge. He was in the scrub with Montfort, as far as I can judge.
9264 You stated several ran away?— I said they retreated.
9265 Did they run away?— They did open out and retire.
9266 Is this correct that Dowsett came to render assistance, and fired several shots before you fired?— I believe he fired shots.
9267 Is it correct that Senior-Constable Kelly was coming forward at that time?— No, that is not.
9268 Then if Dowsett swears that Kelly was coming towards the outlaw at the time you fired at him, he will be saying what is not correct?— He will be saying what is not correct.
9269 If Kelly swears that he will be saying what is not correct?— He will be saying what is not correct. I saw him emerge from the timber where I pointed out to the Commission at Glenrowan.
9270 If Dowsett is correct that he fired several shots and was coming forward to Kelly, will your statement be correct that, had it not been for you, Kelly would have made his way to the hotel?— There was no person between that and the hotel.
9271 Could he have got there?— I believe he would, from my observation.
9272 You remember now Dowsett being present on that occasion?— Yes.
9273 And you remember he fired shots?— I did not see him. I believe he did.]
9274 You remember the scuffle he had with you over Ned Kelly?— There was no scuffle.
9275 Do you remember the words, “do not shoot him”?— They were not used. I did not know Dowsett at the time.
9276 You say you wrested the revolver from the hand of Ned Kelly?— Yes.
9277 And you deny Dowsett doing it?— He certainly did not; and Ned Kelly said to me, “Steady, do not break my finger.” I got his finger in the trigger, and threw him down on the ground, and held him by the beard, as Senior-Constable Kelly came round. Dowsett stood just below Dr. Nicolson and Mr. Marsden.
9278 As to the revolver–after you fired at him and he fell, the very first weapon you seized was; the revolver over his shoulder?— He was looking at me. He put the revolver back like that–[explaining] –and I saw him try to bring the revolver to bear on me, and I caught the revolver–that was the first thing I did. He fired. I then twisted it round, and threw him down, and caught him by the beard.
9279 Was it not the shots of Constable Arthur that drove him back?— No, he did not retreat back. He was coming.. Suppose this was the back of the house, he came down that way–[pointing out on the plan].
9280 Do you recollect Kelly calling out, “Look out, you will be snagged”?— He said, “Look out, you , you will be snagged.”
9281 To whom?— Constable Arthur. He fired two shots at Constable Arthur. When he fired those two shots he laughed.
9282 You did not mention before about his firing at Arthur. Did he call out that immediately he steadied himself?— Yes.
9283 Was Arthur the first constable that fired at him?— Yes.
9284 With reference to the police running–do you mean to convey that they ran away or opened up?— I say I think Constable Arthur ran a considerable distance. I do not say the other police. They went to shelter–they would have been shot if they had not. The others retreated from tree to tree, but the men that were there, as he came on the rear, if they did not retreat, he must have shot them. I do not attribute cowardice to the men. Only Constable Arthur, who went an unnecessary distance away from the house.
9285 Kelly aimed twice at him, and he was the first man that fired at him?— Yes.
9286 And you think he retired an unnecessary distance?— Yes.
9287 Where was he when he first retreated?—[Pointing to the plan]–There is the lying log here, about eighty yards from the house.
9288 Where were the people that were looking at the capture at the railway station?— Here– [pointing to the plan].....
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