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Royal Commission report day 17 page 12

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/5/1881|day 17]])

'''Constable [[Const T Dowling|Dowling]] giving evidence'''

[[#rc5075|5075]] In giving your evidence you stated that Detective [[Ward|Ward]] had sent her on purpose, first stating that he had told the two constables to state that y on were at [[Mrs Margaret Byrne|Byrne]]'s house?— Yes.

[[#rc5076|5076]] Did she tell you that?— Yes.

[[#rc5077|5077]] Why do you not tell us that now. Give us the exact words?— I said there was no occasion to tell a lie.

[[#rc5078|5078]] To her?— Yes.

[[#rc5079|5079]] Did you meet Detective Ward again after that?— Yes, on our way down to the hut we met him.

[[#rc5080|5080]] Did he give you the same advice that she had done?— Yes.

[[#rc5081|5081]] He repeated that?— Yes.

[[#rc5082|5082]] Did he say that he had told any other?— Yes, he said he told Constable [[Const W Duross|Duross]].

[[#rc5083|5083]] To say what?— To say that I and Armstrong were over at the house in company with [[Aaron Sherritt|Sherritt]], watching Byrne’s house.

[[#rc5084|5084]] In consequence of that, did you act in accordance with his instructions. Did you ever tell that lie he desired you to tell?— No.

[[#rc5085|5085]] You acted on it?— We went to Byrne's house.

[[#rc5086|5086]] And pretended you were there all the time?— Yes.

[[#rc5087|5087]] Did Superintendent [[Hare|Hare]] see you?— I was sitting under a sapling when he came along.

[[#rc5088|5088]] Did you get up?— No, I was going to, but Mr. Hare made a sign tome to remain where I was.

[[#rc5089|5089]] Mr. Hare was under the impression that you had been there all the time?— I cannot tell.

[[#rc5090|5090]] ''By Mr. Ward''. —Who was wheeling the barrow of wood?— I could not say, I am sure.

[[#rc5091|5091]] Had you your arms?— Revolver, I had; I could not say about Armstrong.

[[#rc5092|5092]] Could you go to Byrne's house without first coming to where I was?— We could have, but we would not have been properly equipped.

[[#rc5093|5093]] Was I not aware on calling, there that your arms were at Sherritt's house?— I could not say that.

[[#rc5094|5094]] Did you ever go without your arms—without your double-barrelled gun there?— No, we did not. We were all armed but Sherritt.

[[#rc5095|5095]] You stated in your evidence that Pat Byrne was seen at the back of the house some two or three days before the murder of Sherritt?— Yes.

[[#rc5096|5096]] ''By the Commission''. —Did you report upon that at all?— I think Armstrong went in and gave the information.

[[#rc5097|5097]] Can you say for certain?— Only from hearsay.

[[#rc5098|5098]] Can you tell whether Detective Ward knew anything at all about it from your own knowIedge?— No, I cannot.

[[#rc5099|5099]] ''By Detective Ward''—Do you remember the night of the 21st, four days after you went down (with reference to the night when Paddy Byrne was seen going away on the grey horse)?— Yes. I do not remember the date; I remember the circumstance.

[[#rc5100|5100]] Was Aaron Sherritt with you on that night?— He was.

[[#rc5101|5101]] Will you consider that matter over; I do not want to take you short?— Well, Constables Armstrong and Duross were on the opposite side of a sapling to me. I was the first to see him, and I said, “D—it, here they are coming along.” And Armstrong ran out on the main road, and I told him to keep in where he was, and I do not remember seeing Sherritt there.

[[#rc5102|5102]] ''By the Commission''. —Did Constable Armstrong challenge him?— No. I was sitting by myself at the time, and the others were opposite to me. I could not see them because of the thick scrub.

[[#rc5103|5103]] Did you see Pat Byrne riding in the direction of Madden's Gap on that occasion?— I did. That is at two o'clock in the morning.

[[#rc5104|5104-]] 5 This is what [[Const Armstrong|Armstrong]] reports— “I beg to report that at 11.16 p.m. on the 21st instant Paddy Byrne left his house, riding his grey mare, and keeping off the road, high up the range, going in the direction of Madden's Gap, which is situated in the Beechworth side of Mrs. Byrne's house. The other constables and I who were watching the house did not consider it advisable to follow him, as he was riding at a half-trotting pace, and the night was so light we could be seen for several hundred yards or, besides, being confident that it was [[Patrick Byrne|Paddy]], we thought it better to let him pass on than run the risk of being found out. We remained watching the house until 3.30 a.m. , at which time he had not returned home. I may further add that the dog kept barking for the greater part of the night, so we were obliged to take our position almost at the foot of the range, far away from the house. On my return to camp I came into Beechworth to report the matter, prior to which I requested Moses to keep a sharp look out, and obtain all the information be could in the meantime.” Do you know who Moses was?— Sherritt, I believe.

[[#rc5106|5106]] Must he not have been there then—was he there or not?— That was after we came home in the morning.

[[#rc5107|5107]] Can you now say if he was there in the morning; was he there when Pat Byrne went away on the horse?— I will not swear that he was.

[[#rc5108|5108]] Or that he was not?— Or that he was not. He was there in the morning at his own house, and that was the time that Armstrong told him to keep a sharp look out.

[[#rc5109|5109]] Do you recollect whether he was on duty with you during the night?— He was on at the commencement of the night.....

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