Royal Commission report day 37 page 31
Story of the KellyGang - the Royal Commission evidence
The Royal Commission evidence for 20/7/1881
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full text
(see also introduction to day 37)
SConst Patrick Mullane giving evidence
13598 Were you aware at any time whether the Byrne family knew that they were in that house?— I was not.
13599 You heard no information at all that would lead you to suppose they knew of it?— I have not, and my conviction up to the present time is that the Byrne family did not know they were in the house.
13600 Had they any instructions to keep a sentry?— They had not. In my opinion, a sentry would defeat the object for which they were there.
13601 Suppose a man had been posted during the night in one of the back premises?— They were to leave the house after dark, as soon as it became dark, and go to Byrne's; and a sentry was not considered necessary in the day; and it was so convenient to the road, that even if a sentry went out after dusk, it was very likely he would be seen, and that would spoil the whole arrangement.
13602 Then those men were not supposed to be in the house after eight o'clock at night?— After dark.
13603 Of course we have evidence that Byrne came about half-past six or seven?— Yes, six.
13604 And that the men were besieged in the house during the whole of that night?— Yes.
13605 Do you consider, from your knowledge of the police and the duties of the police, that those men did their duty?— I do not consider that they did do their duty. I do not think that any person would blame the men much for not going out during the night, for I think if they were to attempt it while the outlaws were there they had no possibility of escape between the two doors; but I do blame them very much when it got light in the morning that they did not leave the house and bring in information to Beechworth.
13606 It was about seven miles away?— Yes. Armstrong arrived from the Gap at half-past one; perhaps a little after.
13607 Would it not suggest to you the possibility of men being posted close about, that they would pick off any man trying to come, even though they did not appear about the house. That when that desperate act was done the men might be posted in advantageous positions for shooting the men down?— Yes, most likely when they committed that act they would remain there some time.
13608 I refer to daylight?— In daylight I consider they were on equal terms with them, and that they ought to be able to take their own part, and not only that but to attack and capture the outlaws.
13609 In daylight, if they had gone out, they could have defended themselves and taken the others; they could have put themselves in skirmishing order?— Yes, sufficiently divided; at all events they would have done their duty.
13610 Did you ever hear that Aaron Sherritt was very likely to be shot?— I did; Mrs. Sherritt , senior, brought that information in, and she told us it was given to her from Joe Byrne .
13611 You approved of the idea of keeping those men watching Byrne's house, from information received?— I did.
13612 You expected them to come?— Yes, and not only that but I thought they would have got them long before; I never expected they would have had to wait so long, because from the information we received we were confident they were about the ranges.
13613 Had the Byrnes any dogs?— Yes.
13614 Did not they give alarm?— We poisoned the dogs at one time, but we considered it unwise because of the Act, and Mrs. Byrne being aware of the party being about would have done harm.
13615 Suppose you had gone over a wide area, and poisoned the dogs?— You might be doing an injustice to a man you ought not to injure. A man might be a friend of ours and have a good dog—I would not like to come and poison his dog. All that was considered, and it was considered advisable not to poison the dogs.
13616 As you were under the impression that Dan Kelly and Byrne were about that district, would it not have been better to pick six first-class men for that position, and not raw recruits from Melbourne?— It is not because a man is a raw recruit that he is a bad man; you cannot tell what a man is till he is tried. There was Armstrong himself; I do not think any man had a better character of being a good man than he had.
13617 You were saying that you had information about the determination of Byrne to shoot Sherritt?— Yes.
13618 What steps did you take upon that information?— That information was sent to Mr. Nicolson by a telegram, and he came up to see her a few days afterwards.
13619 Was it considered advisable to keep Aaron Sherritt in that very dangerous position?— I believe he was told about that, but he had no fear himself of the consequences; in fact he was the most fearless man that any one could come across, so far as the outlaws were concerned; he had no fear of them......
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