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Royal Commission report day 19 page 48

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 13/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 13/5/1881|day 19]])

'''SConst Charles [[Johnston|Johnston]] '''giving evidence''''''

<span id="rc7210">[[#rc7210|7210]]</span> Do you think there would have been much chance of men being killed in the attempt?— There might have been some of us wounded.

<span id="rc7211">[[#rc7211|7211]]</span> After all it was the most merciful proceeding not to run the risk of their lives?— No doubt it was.

<span id="rc7212">[[#rc7212|7212]]</span> You did not arrive there till eleven o'clock ?— About half-past eleven.

<span id="rc7213">[[#rc7213|7213]]</span> Then you were perfectly cool and collected at that time?—I was.

<span id="rc7214">[[#rc7214|7214]]</span> You had not been hurried up early in the morning?— I had been up previously the whole night.

<span id="rc7215">[[#rc7215|7215]]</span> You were not like those who came in the first rush in the morning?— No.

<span id="rc7216">[[#rc7216|7216]]</span> You stated there were three shots after you arrived fired from the hotel?— There were three shots fired at about a quarter to twelve, and two about one.

<span id="rc7217">[[#rc7217|7217]]</span> Do you think you were in a position to judge whether any shots were fired after that time from the hotel?— I know there were no shots. I do not believe after one there were shots fired.

<span id="rc7218">[[#rc7218|7218]]</span> Was it possible, from the way in which the police surrounded the hotel, that shots could have been fired and some of the members of the police have been under the impression that they came from the [[Jones' Glenrowan Inn|hotel]], before or after that time?— The shots I heard, I am satisfied were fired from the hotel, from the report.

<span id="rc7219">[[#rc7219|7219]]</span> I am asking was it possible for the shots fired by some members of the police to have been mistaken by other members to have come from the hotel?— It might have been so.

<span id="rc7220">[[#rc7220|7220]]</span> After one o'clock ?— Not after one o'clock .

<span id="rc7221">[[#rc7221|7221]]</span> At what time did you see one of the supposed outlaws come from the hotel, on the last occasion. at the back door?— As near as I can fix the time it was about two o'clock, it was after that that we heard a noise as if they were taking off the armour, or putting up a barricade. We heard that noise, and I believe it was [[Steve Hart|then]] [[Dan Kelly|they]] were taking off [[Kelly's Armour|armour]].

<span id="rc7222">[[#rc7222|7222]]</span> At what time did you propose to Mr. Sadleir to allow you and others to rush the hotel?— Some time after I arrived on the ground, for I had gone round to see the position of the men.

<span id="rc7223">[[#rc7223|7223]]</span> Was it after the last shot was fired?— Before the last shot was fired.

<span id="rc7224">[[#rc7224|7224]]</span> Will you tell the reply that Mr. Sadleir made to you?— The reply was, “Wait a while, Johnston , we will have them without any risk.”

<span id="rc7225">[[#rc7225|7225]]</span> Do you know whether you or any other member of the police proposed to Mr. Sadleir to be allowed to rush the hotel before the fire was proposed?— I did it, and I was told others did it too.

<span id="rc7226">[[#rc7226|7226]]</span> Was that the second time or only once?— It was before the shots were fired at one o'clock ,

<span id="rc7227">[[#rc7227|7227]]</span> Did you propose it a second time before the house was fired?— Not when I saw him about the firing.

<span id="rc7228">[[#rc7228|7228]]</span> Did you and other members of the police engage in conversation as to the advisability of rushing the hotel, outside of the officers?— I did, I had conversation with several of the men about it.

<span id="rc7229">[[#rc7229|7229]]</span> Were they of the same opinion?— There were several said they would go if I would.

<span id="rc7230">[[#rc7230|7230]]</span> And you were prepared to go even before the last shot was fired?— I was.

<span id="rc7231">[[#rc7231|7231]]</span> Did you know at the time it was proposed to fire the hotel that Mr. Sadleir had sent for a cannon?— I did not know Mr. Sadleir had sent for a cannon until I proposed the firing of the hotel.

<span id="rc7232">[[#rc7232|7232]]</span> And then Mr. Sadleir would not consent at that time for you to set fire—about what time did you propose to set fire to it?— I think about a quarter to three. He consulted with Mr. O'Connor. I did not hear what the conversation was.

<span id="rc7233">[[#rc7233|7233]]</span> And at that time they were standing at the tree?— Yes.

<span id="rc7234">[[#rc7234|7234]]</span> You set fire to the hotel on the side nearest Benalla, was that so?— Yes.

<span id="rc7235">[[#rc7235|7235]]</span> Is that the opposite side of the hotel from where the chimney was situated?— There is a chimney at each side.

<span id="rc7236">[[#rc7236|7236]]</span> A chimney at the end you set fire to?— Yes.

<span id="rc7237">[[#rc7237|7237]]</span> After setting fire you remained at some distance?— After setting fire I went back to Mr. Sadleir where he was, against the tree.....

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