Melbourne Daily Telegraph (4)

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After Byrne fired the first shot into the side of the house, he sent me to see if the boards were knocked off.I did so, and found that the boards had not been removed.I was speaking to Byrne for some time, and he then walked me down between himself and the house until joined by Weekes, and at that time Dan Kelly was gathering bushes for the purpose of setting fire the house.But I do not know whether be attempted to set fire to them.Byrne asked me if there was any kerosene in the house, and I replied that there was not.I said, “For God’s sake don't burn the house, or you will burn the girl too.”Dan Kelly then called out, “Send that women in.”I asked Byrne not to set fire to the house if I went inside, and he said he said he would see about it.The dog barked sharply once or twice during the night, but I did not hear anyone about the place.

To a Juryman: I did not leave the place all night or the next day.

To another Juryman: Some of the police went into the sitting room.During the night they were all in the bedroom when I went there to lie down for safety.

To another Juryman: Byrne and Dan Kelly wore common hats.

To another Juryman: The police called a Chinaman over to the house, and gave him amessage to take to Beechworth, but he returned shortly afterwards, and said he had too much work to do.They then gave a message to a schoolmaster named O’Donoghue, but he said wife would not let him take it. A man named Duckett then promised to take a message to Beechworth, but as it was afterwards learned that he did not deliver it, one of the policemen left with a message.

To the Coroner: Byrne asked me how many men were in the house, and I replied, “Two.”He then said,“No lies, now, or I’ll shoot you.I fancy more than one shot wasfired at Aaron from outside.

To a Juryman: The police went out of the house before 1 o'clock.

Antoine Weekes deposed he was a market gardener, and remembered last Saturday, for at 6 pm that evening he left his house to go to Weiner’s. He went to Weiner’s, but as there was no lightin it, he returned.Weiner’s house is ten or fifteen yards from Sherritt’s.When returning, having gone 100 yards, he met Byrne and Dan Kelly, who were on horseback. Byrne also had a horse. He said, :Good evening.”They did not reply. Byrne rode five or six yards ahead of him, and then returned and said, “What’s your name?” Witness replied, “Weekes from the Woolshed.” Byrne then stooped from his horse, looked into witness’s face and said, “Do you know me.” Witness said, “No.'”He then said, “I don’t believe you.” He then put his hand back and produced a revolver, saying “Do you know me now?” Dan Kelly dismounted and put a pair of handcuffs on witness. Byrne then said to him,“You need not be frightened; you once summoned me about a horse, but I forgive you for that.If you will say what we tell you, we will not hurt you.” He then went along between Byrne and Kelly to within about twenty yards of Sherritt’s house, where Byrne and Kelly left their horses.Byrne then said to him, “You have nothing to do but what I tell you.” Kelly walked back to the main road, and after he left, Byrne said, “You are to go with me, and knock at the door.” Byrne then took witness to the back door where he placed him and told him to knock. Byrne and Kelly each took a gun or rifle from the pack horse. Byrne told him to knock first and call Aaron and threatened to shoot him unless he did so. Byrne also told him to tell Aaron that he (Weekes) was there when he asked, and to tell him that he had lost himself when asked what he wanted. When Aaron opened the door Byrne stepped behind witness from the side of the chimney, and as Aaron said “Who’s there” Byrne shot him. Witness thought Byrne fired a second shot.Aaron fell back into the room and Byrne looked into the door and said “That's the man. I want." He then asked Mrs Barry to send out the two men who were inside. The women were at this time sitting near chimney. Mrs Barry afterwards went outside, and remained with him (witness) for fifteen minutes or thirty minutes. Fifteen minutes later Byrne fired several shots into the house and he heard two shots fired in front of the house. Byrne took the handcuffs off him and took him a little way from the house.

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