Royal Commission report day 15 page 18

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The Royal Commission evidence for 4/5/1881

(full text transcription)

(see also introduction to day 15)

Constable Duross giving evidence

3916 Did you go and look?— No, we did not hear of it till after we left.

3917 At Glenrowan were the prisoners still in the house, in Jones's hotel, when you got there?— Yes, they were there, because I saw them when they came out.

3918 How long after you came was it that they came out?— I should think about 11 or 12 o'clock , to the best of my recollection.

3919 When did you take up your position with your Spencer?— It was a little after 9 when I did.

3920 How many rounds of ammunition did you fire?— I fired more after the people came out than before.

3921 The rifle you fired is a magazine rifle?— It will hold seven or eight cartridges.

3922 How many of those did you fire?— Altogether I should say twenty-four or twenty-five.

3923 Then you loaded it more than once?— Yes.

3924 The orders were to fire at the house?— Yes, there were no orders only what I am telling; when I was firing at the house Mr. Sadleir said, “Aim for the brickwork.”

3925 Where were you standing?— Opposite the chimney, at the side of the house.

3926 How far from the house?— I should say about a hundred yards—the men were all round the house.

3927 In which direction from the railway station?— As you go up the line this way towards Beechworth. Here is Jones's house—[explaining his meaning by a diagram]—and I was stationed at the north of the house, by the chimney.

3928 Were any shots coming from the house when you were firing?— There were several shots passing by.

3929 Was that from the house?— Either from the house or the opposite side of the house.

3930 Were the constables opposite?— Yes.

3931 Would their bullets penetrate the two walls and come to you?— I should think so unless they came in contact with the brickwork.

3932 Were you aware when you were firing that there were people inside beside the outlaws—of course you were obliged to obey instructions—from any information you heard?— I think I heard there were some.

3933 What do you think you heard?— That there was somebody inside besides the outlaws.

3934 How many?— It was not stated. I did not take much notice.

3935 Where were the black trackers?— They were running round in all directions about this time.

3936 What time?— About eleven o'clock , I should say—no, it was after eleven, because I saw Mr. O'Connor give them some lunch

3937 When you arrived there first you saw Mr. Sadleir and Mr. O'Connor—where was Mr. Sadleir?— The north side of the house was the first time I saw him on the ground.

3938 Where were you when you asked about indicating Mr. O'Connor?— Just alongside of him.

3939 Do you know anything of the drain?— There was a drain in front of the house.

3940 How far where you from it?— To the north-west of it.

3941 How far from it?— I should say about 120 yards.

3942 That would be about what time when you fired the shot that splintered the wood?— I could not say.

3943 It was about the first shot you fired?— Yes; I can only remember the time I arrived accurately.

3944 You were warming bricks for a time?— Yes.

3945 How long?— Half-an-hour or three-quarters.

3946 What did you do after that?— I went around the place.

3947 You did something else for Ned Kelly you said?— I turned him in the bed and settled the bed underneath him.

3948 Mr. Sadleir had instructed you to do that?— Yes; Mr. Sadleir and Sergeant Steele.

3949 Where were the men that instructed you to do that?— Sergeant Steele was in the room, and I think Mr. Sadleir was on the platform.

3950 After performing that duty, who gave you further instructions?— I acted on my own instructions.....

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