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Royal Commission report day 38 page 2

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The Royal Commission evidence for 21/7/1881

(full text transcription)

(see also introduction to day 38)

[[../../people/peS_T/sherrittEllenMrsJnr.html|Mrs Sherritt, junior]] , further examined.

13797 By the Commission— Do you remember seeing Dan Kelly the night Aaron was shot?— Yes, standing inside the front door, by the table; he had his elbow leaning on the table. (JJK)

13798 How long was that afterwards?— I could not say; it was the second time I was sent into the bedroom to bring out the men; it might be a quarter of an hour.

13799 Could the men inside have shot him there if they had tried?— Yes; if the police kind been looking out of the door or keeping an eye to the division—the partition that was between the two rooms—they could have had Dan Kelly very easily; but I do not think they were prepared at the time.

13800 It would not take them all that time to look for their arms?— Not at that time there were two of them under the bed.

13801 Are you sure of that?— Yes, I am quite certain there were two under the bed and two lying on top; so that it was impossible to have either of the outlaws in the position the men were in.

13802 Were they in that position when Kelly was in the room?— Yes.

13803 When they put you under the bed, how did they get you under?— Constable Dowling pulled me down, and he could not put me under, and then Armstrong caught hold of me, and the two of them shoved me under, and they had their feet against me.

13804 Did they remain long in that position?— For two or three hours.

13805 Did you hear voices outside after you went inside?— No, only the dog howling; I do not remember hearing any voices.

13806 How long after your husband was shot was it you heard voices?— When my mother came in and remained—not after that—I did not hear anything. The second time I came in, Dan Kelly was by the table, and then, when I went out again, he was gone to gather bushes to set fire to the house. I wish to contradict a statement made yesterday by Constable Alexander , to the effect that my husband, when he was going to Byrne's at night, used to wave a towel as a signal to show the outlaws that they were about. It was the police themselves that used to take the towel down to dry their feet when they went across the creek. They used to have to walk through it, and they had to dry their feet on the opposite side, and I do not know whether they gave my husband the towel to carry, but they used to take it. I have often seen them taking the towel to dry their feet, and he used sometimes to carry them across to keep their feet dry. he did not mind the water; he would remain all night with wet feet.

13807 Were the police out any time during the day?— Yes, mostly every day; they were out every day. They were at the Sugarloaf some days, and stopped there till the evening.

13808 Were they seen much about the place during the day?— I could not say they were seen; but if there was anyone about, they could have seen them.

13809 There was nothing to prevent anybody seeing them?— No; the boys used to be about the bush looking for cattle, and they might have seen them.

13810 Would they know who they were?— No, not by the way they were dressed; they had those long blue shifts.

13811 Is there anything else you wish to mention?— Constable Alexander said he believed my husband was in communication with the outlaws; that is an untruth; he never knew where the outlaws were. He suspected them being about on the ranges, but he never saw them; and otherwise, to my belief, he has put himself in more danger than any of the police or anyone else; and I think it very unjust, after all he has done, going through danger and one thing and another, to turn round on him and swear falsely, and say he was true to the outlaws and the police did not believe in him.

13812 Some say the other way?— Some say that.

13813 I think the officers believed in him?— They ought to, because he went in great danger, more danger than I could have imagined. In fact, I was in danger myself, cooking bread for the police, and staying in the house by myself at night till they came home in the morning. They generally came home about five o'clock in the morning.

The witness withdrew. ....

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