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Royal Commission report day 15 page 10

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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'''

[[#rc3685|3685]] Did you never see any of the parties that were outside?— No.

[[#rc3686|3686]] Was it so dark that with careful watching you could not have distinguished an object moving about?— There was a careful watch kept, and we could not distinguish any. The fire was burning very brightly, and the two doors were facing each other, and they opened towards the partition.

[[#rc3687|3687]] Were both doors open?— Yes. One of the outlaws, [[Joe Byrne|Byrne]], made [[Ellen Sherritt|Mrs. Sherritt]] open the two doors wide. It was about one o'clock , I should think, when Armstrong got into Beechworth with the message. He did not return; nobody came to as until about five or six that evening.

[[#rc3688|3688]] How far had he to go?— About seven miles.

[[#rc3689|3689]] Was he in uniform?— No, plain clothes.

[[#rc3690|3690]] Did you form any opinion at all on the conduct of the force that night?— Well, we knew the public would be criticising our conduct afterwards, but at the same time it would be foolishness for us to come out of the bedroom in the kitchen because, the way it was lighted up, we would have been shot before we got out.

[[#rc3691|3691]] Could you not get out by the window?— No, Dan Kelly was at the front watching the window; Byrne told him to.

[[#rc3692|3692]] Did Byrne call him by name?— He said, “Who fired that shot?” and the answer was, “I did.” He said “That is all right.”

[[#rc3693|3693]] Where was Byrne when he said, “ Who fired that shot”?— At the back of the house.

[[#rc3694|3694]] Apparently then you think they were watching the two doors?— Yes.

[[#rc3695|3695]] Looking through into the house by them?— Yes.

[[#rc3696|3696]] Was there no outlet from the bedroom but the door?— Only the window—a small window in the bedroom.

[[#rc3697|3697]] Was the chimney slab or brick?— Slab.

[[#rc3698|3698]] How high?— I should think about twelve or fourteen feet to the top of it.

[[#rc3699|3699]] Was it a glass window in the bedroom?— A glass window.

[[#rc3700|3700]] Did you knock the panes out, or anything?— No.

[[#rc3701|3701]] You did not attempt to open it?— No.

[[#rc3702|3702]] Was there any axe or tomahawk in the house?— There was an axe outside.

[[#rc3703|3703]] What was the roof covered with?— Shingle, hardwood.

[[#rc3704|3704]] It was not a bark roof?— No, no bark in the place.

[[#rc3705|3705]] What were the other three members of the force doing from daylight in the morning till six in the evening?— They were inside in the hut.

[[#rc3706|3706]] They did not come out till six in the evening, when some one came from Beechworth?— Yes, we went out in our turns round the place.

[[#rc3707|3707]] What were you doing?— Just at a call of nature, on one or two occasions.

[[#rc3708|3708]] You did not go to look for the tracks?— No, the place was crowded with people.

[[#rc3709|3709]] What time did the crowd commence to come?— About two o'clock .

[[#rc3710|3710]] You had remained inside all that time?— Yes.

[[#rc3711|3711]] Did Armstrong instruct you what to do on the evening of the 26th, after you went in the bedroom and that shot was fired that killed Sherritt. Did Armstrong take the command and instruct?— He was the recognised leader all along.

[[#rc3712|3712]] I understand that; but did he tell you how to act?— We advised one another at the time what to do

[[#rc3713|3713]] What did Armstrong advise?— I think he first at one time said, “Will we get out?” meaning the whole four of us.

[[#rc3714|3714]] What time was that?— I should say about eleven o'clock .

[[#rc3715|3715]] How long before that time had you ceased to hear voices outside?— We heard the voices outside until about four or five o'clock .

[[#rc3716|3716]] Did Armstrong, about eleven, leave the bedroom and go to the kitchen?— He went out, and I think Alexander went out and dragged [[Aaron Sherritt|Sherritt]] further over into the kitchen and covered him up.

[[#rc3717|3717]] Did he put the fire out?— No; the fire was not and the candle was out.

[[#rc3718|3718]] Did he close the doors?— Yes.

[[#rc3719|3719]] You did not go outside then?— No.

[[#rc3720|3720]] Did the women remain in the bedroom all night with you?— Yes.....

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