Royal Commission report 4/5/1881

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Story of the KellyGang - the Royal Commission 4/5/1881

day before next day

Summary of the evidence on day 15 of the hearings
Question number Date Witness
3490 - 3570 4/5/1881 Insp Montfort
3571 - 4161 4/5/1881 Const Duross
     
3168- 3489 3/5/1881 Start of Insp Montfort's evidence
Appendix Title
20 Minutes of Proceedings at Meetings Held by the Royal Commission
   

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Summary of the evidence on day 15 of the hearings

4/5/1881 Insp Montfort continued his evidence - some brief highlights

Ass Com Nicolson cross examined Insp Montford.

Who was incharge at the arrest of Harry Power?

Should sympathizers be allowed to select land?

What is the legal justification for the approach taken by the police?

"Do you approve of the desirability of preventing the collection of those dangerous characters, who concert together, settle in the district, and so act together; do you consider it desirable that when those men apply for land, pay the survey fees, and the case is heard in open court before the public, for the officer in charge of the Lands Department to say, "I refuse you this land in consequence of the police objecting to your taking it"?"

Could there be another outbreak?

"Is there a rule in the police service of Victoria that such information as that should not be given to the public by officers amongst the police-not to give information to the Press on matters connected with the department?"

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4/5/1881 Const Duross commenced his evidence -

some brief

highlights

Const Duross was sent up to North Eastern Victoria and stationed at Violet Town.

One day the Ryans came into town, " I followed them up the township. I saw them putting their horses in the stables of the hotel. I went in after them, where they were in the sitting room, and commenced reading the paper. They were sitting opposite me, and I do not think they knew me at this time, until the coachdriver, who was driving the coach between Shepparton and Violet Town, came in-he spoke to me and called me by name. I did not answer, did not want to make myself known to the men, and they commenced laughing; so the coachdriver said, 'I have seen a party of your police down on the road to Shepparton, who are camped close to the road.' They were laughing over this."

In June 1880 Const Duross was sent off to Beechworth to do duty at Aaron Sherritt's. When Duross was leaving Beechworth for Sherritt's, his Spencer rifle was taken, it was the only rifle he ever used in the district and the only one he had ever had practice with in the district. He was told he should receive the rifle from the man he was to relieve. Whe he got there he was given a double-barrelled shot gun which he had never seen before and did not know how to use.

Const Duross and the other police went off to watch Mrs Byrne's place each night. they left at different hours, because there was sometimes a lot of people knocking about the road, going backwards and forwards to a bit of a shanty there.

Sometimes the police were driven back from Mrs Byrne's because of the dogs; and the flock of geese, they were as bad as the dogs.

On :the evening of the 26th Aaron Sherritt and Const Duross, and Mrs. Sherritt and Sherritt's mother-in-law, were sitting in the kitchen having our tea about half-past six or a quarter to seven. The other three policemen were in the bedroom. Const Duross went on to describe how Aaron Sherritt died and what happened after that.

Duross then went to describe what happened to Mrs Sherritt and Mrs Barry and the incident when Joe Byrne threatened to burn the house down and Dan Kelly fired some shots.

The Royal Commission asked Const Duross, how did you manage to protect yourselves from those shots. He answered and referred to the incident with the ladies and the bed.

The next morning the police sought assistance from a Chinaman and a school teacher.

On the Saturday night previous to the murder Mr. Sup Hare and Det Ward came out to Sherritt's home. They arrived there between eight and nine at night. Det Ward burst in the back-door-shoved it in. Duross explained that on Saturday night it was the custom of the police not to go out till late because of the shanty a couple of miles down the road, and many people passing backwards and forwards.

At this time, when Mr. Hare came, Consts Dowling and Armstrong were out chopping wood at the back of the house. The reason Duross make this statement is because Mr. Hare accused two of the police of telling an untruth.

When Ward shoved in the door he asked where were the other men; I said, " Chopping wood at the back."

"No," he said "they are away watching Byrne's house-say that," he said on the moment. Mr. Hare stepped in and said, "Where are the two men ?" and just to shield them, as Ward told us (Alexander and I had no reason to be frightened, because we should not have been out so early).

Things got worse. Const Duross saw by Mr. Hare's evidence that Ward told him he could not trust us, and that we told an untruth. We had no reason whatever to be frightened of telling the truth. He then went on to set out his reasons.

He then contradicted the situation by saying that he, along with Alexander and Dowling, could state that Sherritt said on different occasions he was well satisfied with the four policemen, and if we were changed he would do nothing more for the Government.

Sherritt was getting sick of the way the police were galloping round the country and the KellyGang laughing at him.

Duross explained where the police were when Joe Byrne came to shoot Aaron Sherritt. He then went on to explain what happened again.


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