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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'''

[[#rc7774_7324|7774.7324]] They were attending the school?— They were going to the school.

[[#rc7774_7325|7774.7325]] Where the [[Mrs Margaret Byrne|Byrnes]] were?— I do not know, I am sure.

[[#rc7774_7326|7774.7326]] Did you ever hear whether they were attending school with the Byrnes' children?— I heard it said so.

[[#rc7774_7327|7774.7327]] So the opinion you have formed is that it was very probable it was well known you were in the cave?— Those many people knew it.

[[#rc7774_7328|7774.7328]] You are quite certain that eight or nine people knew?— That many people knew it.

[[#rc7774_7329|7774.7329]] Did you hear of anybody else knowing it?— No, I did not.

[[#rc7774_7330|7774.7330]] Did the Barrys know it?— The younger [[Ellen Sherritt|Mrs. Sherritt]] knew it. She was in the cave.

[[#rc7774_7331|7774.7331]] Would not her mother know it then?— I could not say that.

[[#rc7774_7332|7774.7332]] Do you think Mrs. Barry, the mother-in-law, knew it?— It is very likely she would. Women are not likely to keep secrets.

[[#rc7774_7333|7774.7333]] Were you one of the party that was stationed in Sherritt's hut?— I spent one or two nights there only. I was suffering from rheumatism, caused by being so long in the cave, and could not do the work.

[[#rc7774_7334|7774.7334]] Were you there on the night when Aaron Sherritt was shot?— No.

[[#rc7774_7335|7774.7335]] Have you formed any opinion what should have been the duties on that occasion?— It was a very dangerous position. They had a very poor show indeed.

[[#rc7774_7336|7774.7336]] Why?— The house is surrounded by scrub, very close to it. There is the main road running in front, perhaps ten or twelve yards in front, and between the main road and the front door stands a big tree, and altogether the men inside had a very very bad show of coming out. It was not the question of coming out of the back door or the front door—it was a matter of coming out into the kitchen from the room.

[[#rc7774_7337|7774.7337]] How far was the tree from the house?— Perhaps six yards.

[[#rc7774_7338|7774.7338]] Were the surroundings of the hut such as would have made it very dangerous for the police to come out?— Yes, when it was a dark night.

[[#rc7774_7339|7774.7339]] You consider in the dark night, if the outlaws were outside, they would have a very great advantage over those inside?— Yes; they had a very great advantage over those men—they had all the advantage.

[[#rc7774_7340|7774.7340]] But even if you were there yourself, what would be your opinion as to your duties with regard to your officer. Would you have to obey his instructions and be guided by them. Suppose you; were with the party with a senior-constable in charge?— It would be our duty to act in accordance with his instructions.

[[#rc7774_7341|7774.7341]] Would you not consult?— If I did different to his instructions and did well, it would be all right, but if not, look out.

[[#rc7774_7342|7774.7342]] You would be dismissed?— I think so.

[[#rc7774_7343|7774.7343]] In that case the whole responsibility you would throw on the officer in charge?— I understand so.

[[#rc7774_7344|7774.7344]] Then, if the officer in charge is examined, and states that he instructed the others to take a certain course, and they did not obey him, that would not be his fault?— If he ordered them to do anything they are bound to obey.

[[#rc7774_7345|7774.7345]] Could they refuse under the circumstances?— I think not.

[[#rc7774_7346|7774.7346]] You would not disobey?— No.

[[#rc7774_7347|7774.7347]] Would it not be your duty to go out and do whatever he told you?— If he tells me, it is my duty.

[[#rc7774_7348|7774.7348]] Would you have done so?— I do not know whether I would or not. If the other two men refused, what is the good of two men rushing and the others remaining behind? But I am bound to obey orders.

[[#rc7774_7349|7774.7349]] Were you at [[Glenrowan|Glenrowan]] on the day the Kellys were captured?— Yes.

[[#rc7774_7350|7774.7350]] What time did you go there?— I went with the first party, with Mr. Hare.....

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