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Royal Commission report day 33 page 8

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 28/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 28/6/1881|day 33]])

[[../../people/peH_J/johnstonCPC.html|'''SConst Charles Johnston''']] ''''''giving evidence''''''

<span id="rc12404">[[#rc12404|12404]]</span> What did you find then?— We found the pack-horse, B 87. That was the pack-horse that was taken from the murdered police.

<span id="rc12405">[[#rc12405|12405]]</span> Was it [[Kennedy Sgt|Kennedy]]'s pack-horse?— It was.

<span id="rc12406">[[#rc12406|12406]]</span> Was he the one with the white legs?— No.

<span id="rc12407">[[#rc12407|12407]]</span> What did you do with the horse?— Left him there until it was dark and took him down. My intention was to put him in the paddock, and leave him there until I sent one of the men in for provisions to Wangaratta, so if we went further on we could remain at night.

<span id="rc12408">[[#rc12408|12408]]</span> To keep on the tracks?— Yes, at the foot of the range, to pick up the tracks immediately the next morning.

<span id="rc12409">[[#rc12409|12409]]</span> Did you do that?— No, we met Mr. [[Brooke Smith|Brook Smith]]. It was just getting dusk.

<span id="rc12410">[[#rc12410|12410]]</span> Was this the first time you saw him after seven o'clock , when he ordered you to take the men?— Yes.

<span id="rc12411">[[#rc12411|12411]]</span> What did he do?— He rode up and gave the order– “Halt; form up. Any applications or complaint?”

<span id="rc12412">[[#rc12412|12412]]</span> Did you form up in line?— Yes.

<span id="rc12413">[[#rc12413|12413]]</span> Were there any?— I said there were none that I was aware of. I said we had got one of the horses that were taken from the police. He said, “Who found it?” I said, “The party was all together when we got the horse in the ranges.” He said, “Right; proceed to Wangaratta.”

<span id="rc12414">[[#rc12414|12414]]</span> Did that mean to face right?— I do not know what he meant by the word “right,” but that was what he said–“Right; proceed to Wangaratta.”

<span id="rc12415">[[#rc12415|12415]]</span> Is that the word of command?—“Right” is not; “Right face” is. He meant, I presume that it was right we had the horse, and we should proceed to Wangaratta.

<span id="rc12416">[[#rc12416|12416]]</span> Did you go there?— Yes, we took the horse.

<span id="rc12417">[[#rc12417|12417]]</span> Did you see any superior officer there?— Mr. Nicolson, about ten at night.

<span id="rc12418">[[#rc12418|12418]]</span> Was Mr. Smith present when you saw him?— Yes.

<span id="rc12419">[[#rc12419|12419]]</span> What did Mr. [[Nicolson|Nicolson]] say?— Mr. Smith told him about the finding of the horse. Mr Smith had sent word when we were about three miles out of Wangaratta–sent in word by one of the men to tell Mr. Nicolson that one of the police horses was recovered.

<span id="rc12420">[[#rc12420|12420]]</span> Did Mr. Nicolson meet you there?— No, he sent a message back by the man not to mention it anywhere that the horse was found. We went to the stable then, at Wangaratta, and left the horse we found at the police station. We stayed at the hotel where we had been stopping. After we had dinner I went with Mr. Smith and saw Mr. Nicolson.

<span id="rc12421">[[#rc12421|12421]]</span> Was it ten o'clock at night?— It was about eight o'clock when we had our dinner, and I went about ten o'clock with Mr. Smith and saw Mr. Nicolson he told him to proceed in the morning the first thing, and follow the tracks on.

<span id="rc12422">[[#rc12422|12422]]</span> Did you say anything to him about your desire to have black trackers?— We had the trackers then, we got the trackers the previous day.

<span id="rc12423">[[#rc12423|12423]]</span> Is that all Mr. Nicolson said?— He had some conversation with Mr. Smith.

<span id="rc12424">[[#rc12424|12424]]</span> Did you hear it?— Some of it. I heard Mr. Smith say to him, “If we get on to the outlaws what are we to do?” He said, “My men will shoot them.” Mr. Nicolson told him to obey the orders he had given him to proceed the first thing in the morning and follow the tracks on.

<span id="rc12425">[[#rc12425|12425]]</span> Did he say anything about whether he was to shoot them or not?— He did not say. I went back to the hotel.

<span id="rc12426">[[#rc12426|12426]]</span> Nothing occurred with regard to that until you got up in the morning?— I did not hear anything until I got up in the morning at a quarter to four . I got the horses fed, and the men all out, and got them their breakfast.

<span id="rc12427">[[#rc12427|12427]]</span> Were the men all armed?— They were.

<span id="rc12428">[[#rc12428|12428]]</span> How?— I had a repeating rifle, revolver, and I think there were two repeating rifles. A man named Cameron had one.

<span id="rc12429">[[#rc12429|12429]]</span> Had you any conversation with the men as to your belief that you would overtake the outlaws or not?— We had.

<span id="rc12430">[[#rc12430|12430]]</span> What was your opinion?— That we would proceed on, and that we would overtake them before they would get very far, as I believed we were close on to them.

<span id="rc12431">[[#rc12431|12431]]</span> When did you start that morning?— We did not leave Wangaratta till after nine.

<span id="rc12432">[[#rc12432|12432]]</span> What was the reason of the delay?— Waiting for Mr. Brook Smith.

<span id="rc12433">[[#rc12433|12133]]</span> Where was he?— He was in bed.

<span id="rc12434">[[#rc12434|12434]]</span> Do you mean to say he would not get up?— I called him at four.....

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