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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 20/7/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 20/7/1881|day 37]])

'''SConst Patrick [[SConst P Mullane|Mullane]]''' '''giving evidence'''

[[#rc13573|13573]] Was that report expected?— Yes. Detective [[Ward|Ward]] then from Benalla, and I handed over the reports to him.

[[#rc13574|13574]] Did Constable [[Const Daniel Barry|Barry]] report?— He did.

[[#rc13575|13575]] What did he report?— His report was something similar to that; but he reported he was not certain what to report. I almost forget what it was.

[[#rc13576|13576]] Is that Barry 's—[''handing a paper to the witness'']?—[''The witness read the same'']—Yes, that is it, and he then gave a second one [''both inserted above''].

[[#rc13577|13577]] What did you do with that second one?— I also gave that to Detective Ward. I gave the whole of the reports I received to him.

[[#rc13578|13578]] You do not know why that report was not amongst the papers that were in the police offices —I do not. Ward afterwards told me that the reports were required by Mr. [[Nicolson|Nicolson]] in order to make a good entry on the record-sheets of the constables, because their duties were of a severe nature.

[[#rc13579|13579]] What the Commission have to deal with now is that those reports which you have in your hand now of Barry's were not amongst the reports; they were in Barry's possession, and he handed them in to us; they found their way back to Barry?— My opinion is that the report did not suit, or that it was not what Ward wanted, that he went to the barrack-room and got other reports, and gave those back to the constables.

[[#rc13580|13580]] But then there is no report from Barry at all?— That is all the account I can give of their getting into Barry 's possession.

[[#rc13581|13581]] You do not know anything further about that?— No, I do not.

[[#rc13582|13582]] Here is the report from Barry —[''reading the same, inserted previously'']—you see that that is a direct contradiction of the other returned?— Yes.

[[#rc13583|13583]] He has given evidence that he was compelled to give that report?— He could not be compelled.

[[#rc13584|13584]] Well, that the others were returned to him, and he was told they would not be accepted, and he was also told what report to make, and that was the report he made. He reported before that he believed they were discovered?— Yes.

[[#rc13585|13585]] Now he reports under pressure this—you know nothing of this?— No.

[[#rc13586|13586]] It is a fraud on the face of it?— Yes, it is, but he would not be compelled to do that if he did not like.

[[#rc13587|13587]] It was to his advantage to send in a favorable report like that?— Yes, it would be to his advantage if the reports were required for that purpose. I was glad to hear that when I was told that by Ward , because the nature of the duties was very severe, and I was very glad to hear it was to be favorably mentioned. Of course if they were discovered there would be a certain amount of blame attachable to them, but it might be without any fault of their own.

[[#rc13588|13588]] To your own certain knowledge, there were seven or eight people going through the country who knew they were there?— Yes.

[[#rc13589|13589]] And whose families were going to school?— The Sherritt family went to a different school. The Barry family were going to school with the Byrnes , but I am not aware they knew all about the cave party.

[[#rc13590|13590]] Did not Sherritt and Mrs. Sherritt ?— Yes of course.

[[#rc13591|13591]] Then the Barry family were going with the Byrne family to school?— I think the cave party was known [[Ellen Sherritt|Mrs. Sherritt]] junior.

[[#rc13592|13592]] And [[Anne and John Sherritt Snr|Mrs. Sherritt]], senior, says she knew it well?— Yes, it was to there the provisions used to go. I was not aware that Mrs. Barry was aware of the cave party. I could not say whether [[Aaron Sherritt|Aaron Sherritt]] kept it a secret from his wife or not.

[[#rc13593|13593]] That did not derogate in any way from the proper way the police did their duty, if those people-did tell it outside?— Certainly not.

[[#rc13594|13594]] That is why we want to know why a report was to be sent in that was not in accordance with this man's idea of truth; why was pressure put on him?— I cannot tell. I may say I would have sent those reports to Benalla that I minuted if Ward had not appealed.

[[#rc13595|13595]] Now coming to the Sherritt party. You had the ordering of the party in Sherritt's house; they were sent out from here?— Yes.

[[#rc13596|13596]] You were aware who were there and what their duty was?— Yes.

[[#rc13597|13597]] Had they any instructions, written or verbal?— Verbal on both occasions. The same men were in charge at the house that were in charge at the cave, so the instructions for one party would answer for the other as well—they were alike.....

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