Royal Commission report day 16 page 7
The Royal Commission evidence for 5/5/1881
(see also introduction to day 16)
Constable Thomas Patrick Dowling giving evidence
4331 Did he go?— Armstrong asked him to be sure and go. He said he would, and left for Beechworth. He returned in about a hour and a half, and said his wife would not allow him to go; that he was afraid of his life, as he believed the outlaws were on the opposite hill to us, watching our movements.
4332 Did he 1end you to understand that he had any reasons for believing so?— No. He told me they were on the opposite hill watching our movements. I told him he might have come back sooner than he did to tell us that he would not go.
4333 What did you do then?— Armstrong asked a digger that happened to come into the hut at the time if he would go. He said he would, and left for Beechworth. He had gone about half an hour when we came to the conclusion that it would be better for one of us to go.
4334 Why did you not communicate that before, earlier in the morning?— I do not know. We all thought it was advisable to 1eave the body and go away into Beechworth, all of us.
4335 They could not have injured a dead man?— No, certainly not.
4336 Had there been any others at the hut up to this time?— Several others came in; but I did not hear him ask them to go.
4337 Who were they?— I do not know.
4338 You were present?— Yes. They were workmen that would be about the creek there.
4339 Were they all informed that Sherritt was shot? Yes; they heard of it.
4340 Cannot you give their names?— No, I cannot.
4341 Was it that intelligence that brought them there?— Yes.
4342 Where did they get it from?— I do not know.
4343 Did you ask them?— No.
4344 At what time did the workmen come out?— Shortly after daylight.
4345 Did they remain or go to the adjoining houses?— I think one went outside. I am not sure. I was not paying particular attention.
4346 Were you out of the house yourself?— Yes; I went away about twenty yards to a sort of a slab hut that was there covered in at the top only.
4347 What was your object?— I merely went up to see if I could see any tracks there, for I thought they might have tied their horses there.
4348 Did you find any traces?— No, I did not.
4349 Did you make a circuit of the hut to see if you could find any traces?— Yes, we-
4350 Speak for yourself only?— I had a look round to look if I could see any tracks, and could not see any.
4351 How long did you remain out on that search?— Perhaps ten minutes.
4352 Then you came back to the hut?— Yes.
4353 Were you in the hut when those strangers came in?— Yes.
4354 Did you ask them what they wanted?— No.
4355 Were you not afraid that the Kellys or some of their friends might have been coming to the place?— We were on the look out.
4356 You allowed those men to enter, and did not question them?— No, we did not. We allowed them to come in.
4357 Did you know Kelly or any of the gang at that time?— No.
4358 For all you knew one of those men that came in might have been one of the gang?— Yes, they might have been for all I knew.
4359 Did you challenge them at the door when they came in?— No, we did not challenge them.
4360 You heard voices up to daylight?— Close up to daylight.
4361 And strange men came in the morning?— Yes.
4362 You did not know the Kellys, and did not challenge any of those men that came in?— No.
4363 Some of your party knew the Kellys?— I am not sure whether any of my mates knew them or not.
4364 You had the photos of those outlaws?— Yes.
4365 You would form a pretty good idea from that?— Yes.
4366 Do you remember any remarks made by those parties when they came in?— No, I do not, only what Donoghue said that the outlaws were on the opposite hill.
4367 Was it not rather strange they should come in, and look about without your saying anything and their saying anything?— I heard them say they heard about Sherritt being shot, I believe.
4368 Did you ask where they got the information?— No.
4369 Did Donoghue say, in the first instance, that the Kellys were there?— No, when he came back......
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