Royal Commission report day 15 page 21
The Royal Commission evidence for 4/5/1881
(see also introduction to day 15)
Constable Duross giving evidence
4020 Do you believe a shot was fired from the time you arrived—can you state positively—do you know, yourself?— I cannot state positively.
4021 Do you think there was?— No.
4022 Could you not see the flash of the gun if fired from the window?— Not if they stood back a good distance from the window.
4023 Did you see Mr. O'Connor several times on that day—what was he doing?— He was along with Mr. Sadleir talking with him.
4024 Did he move from place to place?— I saw him on a couple of different occasions in different places.
4025 Did you see him in that drain under cover?— No, I did not.
4026 He was not in that when you saw him?— No.
4027 As far as you know it would not be true to say he remained in that drain, and did not stir out?— I could not say.
4028 When you saw him he was out of it?— Yes.
4029 As far as you know it would not be true to say he was in it all the time?— He might have been, but when I saw him he was out of it.
4030 Was it at one o'clock that Mr. Sadleir instructed you to fire lower?— It might be after one o'clock .
4031 So that Mr. O'Connor might have been in the drain up till one, as you did not know him to distinguish him up to that time?— Yes.
4032 Did he keep in one place?— I saw him lower down from the railway station.
4033 Did he seem to be going round and giving orders to the men?— I did not take any particular notice of him. I did not know him till then.
4034 After that?— I only saw him giving the black trackers their lunch.
4035 What did you think, yourself—was it quiet?— There were plenty there, and we did not all go together.
4036 Did you think the outlaws might rush out at any time?— I thought that it would be a good thing to have them out before night-time, to prevent their escaping at night.
4037 Then rush them or shoot them?— Yes, some way or other.
4038 What was your impression?— I heard several men say, “Rush the house.” I saw Armstrong and Mr. Sadleir. I think he said he would not lose any more lives over the like of them.
4039 What did Armstrong say before that?— He was roaring out a lot in front of the house, calling them cowards not to come out.
4040 Did you hear any men volunteer to rush the house?— A couple sang out, “We will rush.”
4041 Where?— Towards where Mr. Sadleir was standing.
4042 What did he say?— He would not lose any more lives.
4043 Did you come to any conclusion that he was going to adopt that particular course?— I heard immediately afterwards Senior-Constable Johnson was going to burn the house down.
4044 Did you hear about the cannon?— Not till afterwards.
4045 Did you see Mr. Sadleir any time after he gave you instructions at the railway to attend to Kelly till he told you to fire low?— Yes.
4046 Where?— I saw him talking to the prisoners that came out of the house—he and Mr. Rawlins, and I think Mr. O'Connor. I would not be certain about the latter.
4047 If Mr. O'Connor was there you would not have known it was Mr. O'Connor at that time?— Yes, I did.
4048 How could that be when you told me the first time you knew him was after you were told to fire lower?— Yes, it was after that.
4049 But they came out at eleven o'clock ?— I did not know that.
4050 That was the time, the first time, you knew him; how can you say he was there?— I fancy he was there, because I know there were several, and I thought I recollected his features afterwards.
4051 It is only a matter of conjecture that he was there?— Yes.
4052 If a witness came and said Mr. O'Connor was not there, would you take upon yourself to say he was?— No.....
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