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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/5/1881|day 17]])

'''Constable [[Const T Dowling|Dowling]] giving evidence'''

<span id="rc4900">[[#rc4900|4900]]</span> Do you think any other constables there fired as many as you did?— I believe several of them did not fire so many.

<span id="rc4901">[[#rc4901|4901]]</span> How many constables, do you estimate, as far as your knowledge goes, at this particular time were within your vision and would be firing?— There would be seven or eight, perhaps.

<span id="rc4902">[[#rc4902|4902]]</span> Not more?— Not at the north of the building I should think, as near as I could guess.

<span id="rc4903">[[#rc4903|4903]]</span> Do you think those seven or eight men had as much ammunition served out as you had?— I do not.

<span id="rc4904">[[#rc4904|4904]]</span> How much do you think they had?— I do not know; they remained up in the one particular spot.

<span id="rc4905">[[#rc4905|4905]]</span> Can you give any special reason why you should have fired so many more shots than your comrades?— We received orders on two or three different occasions to fire on the house.

<span id="rc4906">[[#rc4906|4906]]</span> It would apply equally to your comrades as to the others?— Yes, but I had a Spencer rifle, with seven rounds, whereas the others had only two; they were armed with double-barrelled breech-loader shot guns.

<span id="rc4907">[[#rc4907|4907]]</span> Do you wish us to understand that there was such an indiscriminate firing into a house where there were only three individuals at most, and one of those known to be shot. What purpose could be served by that—did that strike you?— Well, there were some occasions when we thought we saw them at the windows. In fact, I know I saw them on one occasion.

<span id="rc4908">[[#rc4908|4908]]</span> Do you think the house w as the object, or to fire for any express purpose?— I heard once that the outlaws were seen to put their heads out of the chimney, and we fired into the chimney then.

<span id="rc4909">[[#rc4909|4909]]</span> From the outside?— From the outside.

<span id="rc4910">[[#rc4910|4910]]</span> Did you fire through the boards so that the shots would go through into the inside of the chimney?— No, through the chimney; that is, into the bricks.

<span id="rc4911">[[#rc4911|4911]]</span> Where was the head seen?— Out of the top. I did not see it; I heard one of the constables say so.

<span id="rc4912">[[#rc4912|4912]]</span> What hour was that?— I cannot form any idea.

<span id="rc4913">[[#rc4913|4913]]</span> Did you expect the bullets to go through the brickwork?— We did—that after a few rounds they would.

<span id="rc4914">[[#rc4914|4914]]</span> Did you see the effects of the shots disintegrating the bricks—powdering them down?— No; I did not take much notice. I saw dirt flying every time.

<span id="rc4915">[[#rc4915|4915]]</span> How many shots were fired at the chimney?— Several; I could not say how many.

<span id="rc4916">[[#rc4916|4916]]</span> Did you see any effect upon the chimney?— No, I did not.

<span id="rc4917">[[#rc4917|4917]]</span> As far as your own feeling is concerned, if you had been ordered with the other men to surround the building, would the men have obeyed, and could they have rushed without any great loss, and prevented the delay that occurred?— I believe several of the policemen would have been shot, because the outlaws could have been in one of the centre rooms and seen them from either end.

<span id="rc4918">[[#rc4918|4918]]</span> You were twenty yards from the building, exposed to fire; would you have been in greater danger in rushing, and endeavoring to close with them?— Yes, I believe I would.

<span id="rc4919">[[#rc4919|4919]]</span> You said you were exposed; is that so, or were you concealed behind a tree?— I was exposed at the time one of the outlaws came out of the building.

<span id="rc4920">[[#rc4920|4920]]</span> But you could fall back behind a tree?— No, not at that particular time. I was standing, watching the house at that time.

<span id="rc4921">[[#rc4921|4921]]</span> Were not you in quite as great danger at a distance of twenty yards by expert shots as if you had made a desperate rush on the building with your comrades?— I might have hand a chance if I had lain down.

<span id="rc4922">[[#rc4922|4922]]</span> You are a practised shot, I suppose—you have practised in the use of firearms?— Not since I come into the police. I might have fired five or six rounds at most, in Mooroopna, when I was stationed there.

<span id="rc4923">[[#rc4923|4923]]</span> Then, from the small practice you have had, would you feel any fear of making sure of a man at twenty yards?— No, I would not. ....

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