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04:04, 15 November 2015 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="rc3747">[[#rc3747|3747]]</span> [[Joe Byrne|Byrne]] asked [[Mrs Ellen Barry|Mrs. Barry]] who was it went into the bedroom?— Yes.
<span id="rc3748">[[#rc3748|3748]]</span> She said it was Duross, looking for work?— Yes.
<span id="rc3749">[[#rc3749|3749]]</span> That was some time before she said if she went back she would be shot?— Yes.
<span id="rc3750">[[#rc3750|3750]]</span> So that they were under the impression you were the only man?— No, I think not. I believe, if they had thought there was only one man, they would have come inside.
<span id="rc3751">[[#rc3751|3751]]</span> It is not the fact that the police got under the bed?— No, it is not.
<span id="rc3752">[[#rc3752|3752]]</span> Did you move about from place to place between that time, from seven to eleven?— Yes, Constable [[Const Armstrong|Armstrong]] was in this corner, and he made a considerable noise in that corner, and Constable [[Const R Alexander|Alexander]] was here, and Constable [[Const T Dowling|Dowling]] was here too, close alongside of him. I was down at this end at this time—[''pointing out the places on the plan''].
<span id="rc3753">[[#rc3753|3753]]</span> Was there at one time one of you went under the bed?— No, we were in different positions on the floor, but not under the bed.
<span id="rc3754">[[#rc3754|3754]]</span> Where was the bed?— Just underneath the window.
<span id="rc3755">[[#rc3755|3755]]</span> Did it fill the whole side of the room?— It came within about three feet of it.
<span id="rc3756">[[#rc3756|3756]]</span> Is the room lined?— No.
<span id="rc3757">[[#rc3757|3757]]</span> Only the slabs outside?— Yes.
''Mr. [[O'Connor|O'Connor]]'' . —Before you go on I wish to ask—I have been offered an appointment in the North-Eastern district, and the Government are anxious I should go to work as soon as possible, and I wish to ask if you can dispense with my presence for the future till I come down to cross-examine a few witnesses. I wish too that the secretary could notify me of that.
''The Chairman'' . —I do not think there is any objection to your leaving. If there comes any necessity there will be ample opportunity in the North-Eastern district of calling you; the secretary will give you due notice if you are wanted.
<span id="rc3758">[[#rc3758|3758]]</span> ''By the Commission'' (''to the witness''). —You brought us up to the point at which Mr. Armstrong went to Beechworth. We have it from you that Sherritt was shot about seven o'clock in the evening?— Yes.
<span id="rc3759">[[#rc3759|3759]]</span> And you could not see anybody outside, which was the reason for not making a rush out during the night, as there was a possibility of your being shot as you came before the open door?— Yes.
<span id="rc3760">[[#rc3760|3760]]</span> How was it you did not go out when daylight came?— Constable Alexander did go round the house when daylight came.
<span id="rc3761">[[#rc3761|3761]]</span> You seem to have done nothing for twelve hours after daylight—from five o'clock in the morning till five o'clock at night?— Yes; Constable Armstrong had a verbal message himself by one o'clock. He had arrived at Beechworth himself at one o'clock .
<span id="rc3762">[[#rc3762|3762]]</span> What were you doing during the day?— We were not doing anything; we were just inside the house.
<span id="rc3763">[[#rc3763|3763]]</span> What object had you in keeping [[Ellen Sherritt|Mrs. Sherritt]] and Mrs. Barry in the house after they came in?— Because they were running about and interfering with as. The room was very small, and the running backwards and forwards made less room for us, and Mrs. Sherritt was in danger of getting shot herself.
<span id="rc3764">[[#rc3764|3764]]</span> She was willing to go out, but you detained her?— Yes.
<span id="rc3765">[[#rc3765|3765]]</span> What was your object?— To prevent her running backwards and forwards; she had been in twice.
<span id="rc3766">[[#rc3766|3766]]</span> And the same with Mrs. Barry?— She came in to take her daughter out, and we would not allow her.
<span id="rc3767">[[#rc3767|3767]]</span> About what time was the last time Mrs. Barry came in?— I should say about nine o'clock .
<span id="rc3768">[[#rc3768|3768]]</span> Then your object was to prevent the two women being shot?— Yes, and to give us more room, because of the running in at the door; we did not know but what the others would be on top of us any moment.
<span id="rc3769">[[#rc3769|3769]]</span> Your object was not that, having the women in, the [[KellyGang|Kellys]] would not be so likely to shoot you?— That never entered my head.
<span id="rc3770">[[#rc3770|3770]]</span> Mrs. Barry had been out several times before this, talking to Byrne?— Yes, she had been out all the night, and came in for her daughter, Mrs. Sherritt.....
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