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Royal Commission report day 37 page 1

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 20/7/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 20/7/1881|day 37]])

'''Const Robert [[Const R Alexander|Alexander]]''' '''sworn and examined'''

''Present:''

The Hon. F. LONGMORE , M.L.A., In the Chair;

J. Gibb , Esq. , M.L.A., I W. Anderson , Esq., M.L.A.

<span id="rc12995">[[#rc12995|12995]]</span> ''By the Commission''— What are you?— A mounted constable.

<span id="rc12996">[[#rc12996|12996]]</span> Were you one of the party that was stationed in [[Police at Sherritt home|Sherritt's hut]] at the time of the murder of [[Aaron Sherritt|Sherritt]]?— Yes

<span id="rc12997">[[#rc12997|12997]]</span> Have you any reason to believe from what you learnt or heard that it was known you were in the hut?— I believe it was known.

<span id="rc12998">[[#rc12998|12998]]</span> Do you think, from circumstances that came under your own notice, that it was possible that the outlaws had full knowledge of your being there?— Well, I think they must have.

<span id="rc12999">[[#rc12999|12999]]</span> You received provisions regularly?— Yes.

<span id="rc13000">[[#rc13000|13000]]</span> And they came during the day?— Yes, we usually brought the provisions to the hut.

<span id="rc13001">[[#rc13001|13001]]</span> Who usually brought the provisions to the hut?— They came–I do not know the name of the party–they came by a spring cart. I think Mr. Reynolds of [[Beechworth|Beechworth]] brought them.

<span id="rc13002">[[#rc13002|13002]]</span> Then, if it was your opinion that it was known you were there, you might expect to be attacked at any time?— Yes.

<span id="rc13003">[[#rc13003|13003]]</span> At the time that Sherritt was shot was there any length of time between the first notice that Sherritt got of the presence of the outlaws and the time he was shot?— I do not quite understand you.

<span id="rc13004">[[#rc13004|13004]]</span> He was asked to open the door?— Yes.

<span id="rc13005">[[#rc13005|13005]]</span> How soon after that was it he was shot?— About a minute.

<span id="rc13006">[[#rc13006|13006]]</span> You had all gone into the inner room to escape notice?— There were three, [[Const Armstrong|Armstrong]], [[Const T Dowling|Dowling]], and I in the inner room, and [[Const W Duross|Duross]] in the sitting room. As soon as Sherritt spoke to this man at the door Duross came into the room where we were.

<span id="rc13007">[[#rc13007|13007]]</span> Could he be seen from the outside going in?— Oh, yes, he could.

<span id="rc13008">[[#rc13008|13008]]</span> There has been a good deal said about your conduct under the circumstances. Did you consider if any of you came out that you would be liable to be shot on the instant?— Yes, I think we would have all been shot.

<span id="rc13009">[[#rc13009|13009]]</span> Did you understand that the parties outside were near the premises?— Yes, when [[Ellen Sherritt|Mrs. Sherritt]] went outside the house they got close to the house, and when she came inside they kept away from the house. It was by the sound of voices that I judged.

<span id="rc13010">[[#rc13010|13010]]</span> Had you the impression that they had full control over the house from the front door and back?— Yes.

<span id="rc13011">[[#rc13011|13011]]</span> Were the doors wide open?— About half open. I have a plan–[''producing the same''].

<span id="rc13012">[[#rc13012|13012]]</span> You have been thinking over this a good deal–do you think if you were in the same position again that you would be justified in doing us you did?— It would be according to who would be in charge –according to the person in charge I would act.

<span id="rc13013">[[#rc13013|13013]]</span> Would you have gone out if you had been asked to go?— Yes, I said I would go.

<span id="rc13014">[[#rc13014|13014]]</span> Armstrong was in charge?— Yes.

<span id="rc13015">[[#rc13015|13015]]</span> Did Armstrong consider, when you spoke of it, that you would be running an imminent risk of losing your life?— I believe he did.

<span id="rc13016">[[#rc13016|13016]]</span> Do you remember?— He said the party was too small, and if we kept our ground as we were we would do very well.

<span id="rc13017">[[#rc13017|13017]]</span> Did the outlaws fire at the house?— Yes.

<span id="rc13018">[[#rc13018|13018]]</span> Do you know how the house was built?— Weatherboards, lined with saplings; the saplings were about a foot apart, the interval between was filled up with clay; the weatherboards were overlapped outside; the weatherboards were nailed to the saplings inside across–it was that way all round.

<span id="rc13019">[[#rc13019|13019]]</span> Then a bullet would hardly penetrate?— Three bullets went through the back wall of the bedroom, and one through the front wall; it went right through the boards. There were four or five hit the knots on the boards, and did not go through.....

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