The Argus at KellyGang 6/5/1881 (2)

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Const Dowling gave evidence

Someone outside called to Mrs Sherritt, and she went out. Two more shots were fired into the hut, which was a slab one, plastered inside. Mrs Sherritt seemed very much frightened, and I heard her asking Byrne several times not to shoot her. Someone outside called to us, "Come outside and I will shoot you like – – dogs." I looked out of both kitchen doors, and could see nothing outside. The outlaws never entered the house. I would have fired then if the women had not been outside. Heard one of the out- laws setting fire to some scrub near the bed- room end of the hut. Until near daylight I heard some persons talking outside. We got the women inside, and made them get under the bed. At daylight Constables Armstrong and Alexander went outside. We did not fire a shot. Each of the four constables had a double-barrelled breech-loading gun, loaded with pellet cartridges. We kept a look-out on the outside doors, thinking we might be at close quarters with the outlaws at any moment. I was satisfied with the gun. I was used to the Spencer rifle. Would have preferred the rifle to the gun, because I was more used to the former. The police, as a body, believed that if they had seen the outlaws they would have been at liberty to fire on them forthwith without any instructions. Have been used to firearms from my boyhood. In the morning about daylight, Armstrong asked a Chinaman who was passing to take a letter to the Beechworth police station. The Chinaman agreed, but returned shortly, saying he would not go. Armstrong then sent the Chinaman to fetch a neighbouring schoolmaster. The school- master said he would give information at Beechworth as to the murder of Sherritt, but he also returned, saying his wife would not let him go. He said the outlaws were watching our movements. At last, we decided it would be better for one of us to go. The hut was visited by strangers in the morning. I did not know the outlaws, and am not aware any of us did. The outlaws tried to set fire to the place about 10 pm . We did not then determine to make a rush, as we believed all the outlaws were outside. We were under Armstrong's orders. (Further examination of this witness was postponed.)

Jacob Wilson – I am a farmer, near Greta. My nearest neighbour is Tom Lloyd, uncle by marriage of Ned Kelly. (The witness referred to occasions on which he had been visited by search parties.) Once I saw Ned Kelly, but I told a search party subsequently that I had not I sold hay to the police for their horses. Quin and young Hart, two sympathisers, came to my house and abused me for helping the police. In March 1880, I informed Mr Sadleir I had found hobbles, sardine tins, and other things, debris of a camp, in a paddock near me, and that I believed the locality was visited by the outlaws. Once when I was near Tom Lloyd's, watching for the outlaws. Some dogs barked, and I ran away. I was followed by Dan Kelly and Tom Lloyd, and escaped by climbing a cherry tree. I had been asked by Mr Sadleir to watch Tom Lloyd's. I delayed giving information to the police about the hobbles for a week because I was afraid of the outlaws. Promised Mr Sadleir I would keep a watch if my son was taken into the police force. The Lloyds suspected me of working for the police. I was asked if I would conceal a constable in my place and l agreed to do so, and a con- stable was at my place for some time. I had at last to leave my place because I was threatened. One of the young Lloyds told me, "We will make it hot for you." On another night, stones were thrown at my place. Was driven from my selection solely because of my connexion with the police. Have seen Dan and Ned Kelly at Lloyd's. Some of the sympathisers in that locality never do any work, except horse and cattle stealing. I wish to obtain compensation from the Government. The sympathisers gave some trouble to certain residents after the capture of the gang. When complaint was made about that to the police at Glenrowan the complainant was informed that he must protect himself, as it was all the police could do there to look out for themselves. There are six constables at Glenrowan. I and my sons had to leave the district for fear of the sympathisers, and my property there was sold at a sacrifice.

Mr Sadleir. – When Wilson reported the finding of the hobbles he stated they had been there for about a month, and when he reported the cherry-tree occurrence he said nothing about Dan Kelly.

The commission adjourned until 11 a.m. next Tuesday.


BEECHWORTH ASSIZE COURT

(BY ELECTRIC TELEGRAPH)

(FROM OUR OWN CORRESPONDENT)

BEECHWORTH, Thursday

The Beechworth Court of Assize opened this morning before Mr Justice Stephen.Mr Chomley acted as Crown prosecutor.The following prisoners were arraigned, and pleaded not guilty -Benjamin Goold, arson; Robert Rowan, murder at Yalca , John Connors, alias Henry Wallace, bigamy, and John Gostrie, arson. Thos Bloxam pleaded guilty to a charge of larceny from a dwelling, and admitted a previous conviction.

Benjamin Goold was put on his trial for setting fire to a dwelling at Violet Town , and was defended by Mr Frederick Brown. Prisoner had purchased the house from a Mr Henry Turnbull, of Tasmania , and paid one third of the purchase money. Prisoner was heard having a quarrel with his wife on the evening of 28th November last, and immediately the house was seen by the police to be on fire. Prisoner stated to them that he had set it on fire, and meant to roast his wife. The jury found a verdict of guilty, adding their belief that prisoner had not set fire to the house for the purpose of injuring the owner, but in a fit of temper. Prisoner was remanded for sentence.

end

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