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Royal Commission report day 15 page 16

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 4/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 4/5/1881|day 15]])

'''Constable [[Const W Duross|Duross]]''' '''giving evidence'''

<span id="rc3846">[[#rc3846|3846]]</span> What did they say about burning the house?— [[Joe Byrne|Joe Byrne]] said, “We will soon make them come out, we will burn the house;” and [[Mrs Ellen Barry|Mrs. Barry]] said, “Joe, don't burn the house;” and he said, “You go in, I will consider over it.”

<span id="rc3847">[[#rc3847|3847]]</span> Was it to prevent them burning the house you kept the women inside?— No.

<span id="rc3848">[[#rc3848|3848]]</span> Did you not consider it would be the more honorable course to rush out than be burnt out?— We would have had to if it had come to that, but, otherwise, I am certain we could not have got further than the door without being shot.

<span id="rc3849">[[#rc3849|3849]]</span> It would be the same if the house was being burnt?— It would be the same then.

<span id="rc3850">[[#rc3850|3850]]</span> I was under the impression that you stated you had come to the conclusion from something that occurred that the outlaws were going to burn the house, and called on you to come out?— Yes.

<span id="rc3851">[[#rc3851|3851]]</span> You would not go?— No.

<span id="rc3852">[[#rc3852|3852]]</span> Then you said the women went out, and there was a talk amongst them about burning the house?— Yes.

<span id="rc3853">[[#rc3853|3853]]</span> You then stated you prevented the women going out again?— Yes.

<span id="rc3854">[[#rc3854|3854]]</span> Did it come into your mind that they were going to burn you out?— When they whistled they said they were going to burn us out.

<span id="rc3855">[[#rc3855|3855]]</span> Did you come to that conclusion?— I cannot say.

<span id="rc3856">[[#rc3856|3856]]</span> You stated that the outlaws heard, or you believe they heard, you loading your guns?— I know they spoke about it. Byrne said, “Look out, they are loading their rifles.”

<span id="rc3857">[[#rc3857|3857]]</span> Were your rifles loaded?— Yes.

<span id="rc3858">[[#rc3858|3858]]</span> Were your guns loaded when [[Aaron Sherritt|Aaron Sherritt]] was shot?— Yes.

<span id="rc3859">[[#rc3859|3859]]</span> How long had they been loaded?— Mine was loaded from the time I went there, except to clean it.

<span id="rc3860">[[#rc3860|3860]]</span> Were you in the habit of unloading when you came from duty?— Just took the charge out and put it in again at once, after cleaning.

<span id="rc3861">[[#rc3861|3861]]</span> In what place was Sherritt shot?— On the left breast.

<span id="rc3862">[[#rc3862|3862]]</span> And the second shot brought him down in the house?— Yes.

<span id="rc3863">[[#rc3863|3863]]</span> Where was the first?— Close to the same place.

<span id="rc3864">[[#rc3864|3864]]</span> How near was Joe Byrne to him when he shot him?— Joe Byrne was close behind Weekes; he stood one side of the door.

<span id="rc3865">[[#rc3865|3865]]</span> How near to Aaron Sherritt?— About two yards from him, because Mrs. Barry told us that Byrne had his rifle in his two hands swinging like this—[''explaining his meaning by gesture''].

<span id="rc3866">[[#rc3866|3866]]</span> Were there marks of powder on Aaron Sherritt's clothes?— I did not see any.

<span id="rc3867">[[#rc3867|3867]]</span> How long would it have taken you to have got your arms and immediately rushed out?— Our arms were inside the room. It took me a considerable time to get my gun, for we were feeling for it in the dark.

<span id="rc3868">[[#rc3868|3868]]</span> You had no light in the inside room?— No.

<span id="rc3869">[[#rc3869|3869]]</span> Where did you keep them inside the room?— Up against the wall.

<span id="rc3870">[[#rc3870|3870]]</span> How long was the room?— A very small room—not much more than room for five or six to stand in, with the bed.

<span id="rc3871">[[#rc3871|3871]]</span> Were your arms stacked together?— Along together, and the cartridge pouches hanging alongside of them.

<span id="rc3872">[[#rc3872|3872]]</span> When Aaron Sherritt was shot and fell on the floor, did his mother-in-law or wife go to see if he was shot to death—to see whether it was fatal or not?— I cannot say.

<span id="rc3873">[[#rc3873|3873]]</span> Did any of the constables?— Not till afterwards.

<span id="rc3874">[[#rc3874|3874]]</span> How long?— When they brought him inside from the door.

<span id="rc3875">[[#rc3875|3875]]</span> How long?— About eleven or twelve o'clock that night.

<span id="rc3876">[[#rc3876|3876]]</span> In the morning you said that the people in the neighborhood came round?— Yes.

<span id="rc3877">[[#rc3877|3877]]</span> What hour?— The Chinaman was the first.

<span id="rc3878">[[#rc3878|3878]]</span> And when did the people come?— About two o'clock ;—that is, the people from Beechworth, in traps, and there were people before that.

<span id="rc3879">[[#rc3879|3879]]</span> Did any constable there or officer propose you should rush out?— On one occasion one of the men proposed it; I think it was Armstrong.

<span id="rc3880">[[#rc3880|3880]]</span> He was in charge?— Yes.

<span id="rc3881">[[#rc3881|3881]]</span> Is it a fact that one of the constables in the place, when they heard that the Kelly party were going to burn the house down, said, “Let us keep the women in, and while they are here they will not burn the house down”?— That was never said.....

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