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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 17/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 17/5/1881|day 21]])

'''Const [[Const Daniel Barry|Barry]] giving evidence'''

<span id="rc7931">[[#rc7931|7931]]</span> Did I not express my surprise about their having moved from that cave into Sherritt's, about any of the men before in [[Aaron Sherritt|Sherritt]]'s at all?— I cannot say you did.

<span id="rc7932">[[#rc7932|7932]]</span> You remember our talking?— Yes.

<span id="rc7933">[[#rc7933|7933]]</span> You have no recollection of my expressing surprise?— No.

<span id="rc7934">[[#rc7934|7934]]</span> What firearm did you first practise with, excepting the revolver?— A double-barrelled shot gun.

<span id="rc7935">[[#rc7935|7935]]</span> What had you next?— A Martini-Henry rifle.

<span id="rc7936">[[#rc7936|7936]]</span> ''By the Commission''— Is not that an inconvenient weapon for horseback?— It is inconvenient, but a very good one.

<span id="rc7937">[[#rc7937|7937]]</span> ''By Mr. Nicolson''— Did you prefer it to the shot gun.,—Yes, certainly; according to the duty I was on.

<span id="rc7938">[[#rc7938|7938]]</span> Is that a good weapon to carry generally?— It is not a good one in the night time, but generally it is a good weapon.

<span id="rc7939">[[#rc7939|7939]]</span> What weapon did you select for your duty?— It was never left to me. I had a shot gun for a long time, and then I got the Martini-Henry rifle at Beechworth.

<span id="rc7940">[[#rc7940|7940]]</span> Was it given to you at your own request?— No; in consequence of some shooting we had at Beechworth.

<span id="rc7941">[[#rc7941|7941]]</span> What was that?— We went out shooting, and I did very well with the rifle, and consequently I had the rifle given me, and the shot gun taken away.

<span id="rc7942">[[#rc7942|7942]]</span> Did you make any objection to that?— No.

<span id="rc7943">[[#rc7943|7943]]</span> Did you prefer the Martini-Henry rifle?— Yes.

<span id="rc7944">[[#rc7944|7944]]</span> What shooting was it?— Practising to make us good shots, I understood.

<span id="rc7945">[[#rc7945|7945]]</span> Was there any order to that effect?— I understood there was an order issued by you that we were to do that.

<span id="rc7946">[[#rc7946|7946]]</span> You seem very unwilling to mention it. You speak about—that you saw some members of the Sherritt family moving about to [[Mrs Margaret Byrne|Mrs. Byrne]]'s?— No, I did not say that.

<span id="rc7947">[[#rc7947|7947]]</span> You came in off duty at the cave, and you found it was very trying to your health?— Yes.

<span id="rc7948">[[#rc7948|7948]]</span> You got rheumatism?— Yes, and I am not over it now.

<span id="rc7949">[[#rc7949|7949]]</span> When you came in, you or some of the party, did you not apply to be allowed to go out on other duty for active exercise, after being confined in that cave?— I asked to be allowed to go out.

<span id="rc7950">[[#rc7950|7950]]</span> Do you think it is a fair statement of a man who was on that duty, to complain of having been sent out on duty, after coming from the cave?— Certainly it was.

<span id="rc7951">[[#rc7951|7951]]</span> Why?— Because there is a great difference between taking a short ride for the good of my health and being sent out a long hard ride.

<span id="rc7952">[[#rc7952|7952]]</span> Were you sent out a long hard ride?— I was on different occasions.

<span id="rc7953">[[#rc7953|7953]]</span> Did you report it to me?— No, I reported it to Detective [[Ward|Ward]], and I expected he would report it to you.

<span id="rc7954">[[#rc7954|7954]]</span> Had you not a right to speak to any officer you chose, if you spoke to a non-commissioned officer?— I expected he would have told you.

<span id="rc7955">[[#rc7955|7955]]</span> I cannot remember that, but you did not do so. You spoke about [[Ellen Sherritt|Mrs. Sherritt]] to the cave—how often did she come?— Once.

<span id="rc7956">[[#rc7956|7956]]</span> Did she ever come again?— I do not know.

<span id="rc7957">[[#rc7957|7957]]</span> ''By the Commission''— Did the old one come?— Not to my knowledge.

<span id="rc7958">[[#rc7958|7958]]</span> Did any of the girls go?— I never saw them. I heard they were.

<span id="rc7959">[[#rc7959|7959]]</span> Which?— Bessie.

<span id="rc7960">[[#rc7960|7960]]</span> Is that the one that used to go to Beechworth constantly?— She was in employ at Beechworth.

<span id="rc7961">[[#rc7961|7961]]</span> What age was she?— About twenty—a full-grown young woman.

<span id="rc7962">[[#rc7962|7962]]</span> ''By Mr. Nicolson''— Was there not, at the time you went out on that expedition with me, a great difficulty in finding constables who knew the country to act as guides for us?— Yes.

''The witness withdrew.''

''Adjourned to to-morrow at'' ''Eleven o'clock'' ''.''

[~[[See report of Proceedings 17/5/81]|6125]~]

'''See next day'''

'''[[Royal Commission report day 22 page 1|18/5/1881]]''' ....

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