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Royal Commission report day 15 page 7

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 4/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 4/5/1881|day 15]])

'''Constable [[Const W Duross|Duross]]''' '''giving evidence'''

<span id="rc3604">[[#rc3604|3604]]</span> What arms had you with you?— This double-barrelled shot gun and revolver.

<span id="rc3605">[[#rc3605|3605]]</span> You say you did not understand this shot gun?— I never fired a shot out of it; they shot a wire cartridge.

<span id="rc3606">[[#rc3606|3606]]</span> What sort of shot?— Duck shot, I think.

<span id="rc3607">[[#rc3607|3607]]</span> Did you expect to meet the Kellys at [[Mrs Margaret Byrne|Mrs. Byrne's]]?— We got no instructions when we went out, except to go and proceed with the other men and watch with them. I did not know exactly before I went what I was to watch for. I understood we were to watch for the [[KellyGang|Kellys]].

<span id="rc3608">[[#rc3608|3608]]</span> What time did you return in the morning after watching?— Sometimes we used to come back because of the dogs; and there was a flock of geese as bad as the dogs; we could not get there.

<span id="rc3609">[[#rc3609|3609]]</span> You did not know whether you were to watch the dogs or the geese?— We had no positive instructions.

<span id="rc3610">[[#rc3610|3610]]</span> What did you do in that time?— We used to have to stop in [[Aaron Sherritt|Sherritt]]'s house all day, and not be seen by any person.

<span id="rc3611">[[#rc3611|3611]]</span> You were there, as far as you know, unknown to any one, except the officers of police and the Sherritt family, from the 16th to the 26th?— Yes.

<span id="rc3612">[[#rc3612|3612]]</span> Did you approach some of the trees near the hut, and remain so many hours?— Yes; and Sherritt used to go sometimes close to the house. We used to remain one under each tree.

<span id="rc3613">[[#rc3613|3613]]</span> How many hours?— Five or six hours.

<span id="rc3614">[[#rc3614|3614]]</span> Did you form any opinion of Sherritt's character during the ten days you were there?— I thought he was a very good man, but I thought it was strange his not being armed of a night.

<span id="rc3615">[[#rc3615|3615]]</span> Did you form any opinion as to whether he was keeping good faith with the police, or really only stringing them on, ag the expression is?— We were very watchful of him.

<span id="rc3616">[[#rc3616|3616]]</span> What opinion did you form?— We were told by some of the constables in Beechworth to have our eye on him before we went out.

<span id="rc3617">[[#rc3617|3617]]</span> After your being warned about him, what opinion did you form yourself during the ten days' experience you had?— I thought he was honest to the police.

<span id="rc3618">[[#rc3618|3618]]</span> The arms you were supplied with you were unaccustomed to?— Yes.

<span id="rc3619">[[#rc3619|3619]]</span> Did you complain from the 16th at any time to [[Const Armstrong|Armstrong]], who was in charge of the party, that those arms were of no value to you?— No.

<span id="rc3620">[[#rc3620|3620]]</span> Although you knew in the event of the necessity arising, that they would be no use, yet you complained to no one?— Armstrong knew that we had exchanged arms.

<span id="rc3621">[[#rc3621|3621]]</span> Did he know that you, for instance, were dissatisfied?— No, he did not.

<span id="rc3622">[[#rc3622|3622]]</span> Did you tell him?— No.

<span id="rc3623">[[#rc3623|3623]]</span> During the time you were there, from the 16th to the 26th, was there any officer of police visited you?— Yes.

<span id="rc3624">[[#rc3624|3624]]</span> Who?— Mr. Superintendent [[Hare|Hare]].

<span id="rc3625">[[#rc3625|3625]]</span> Did you complain to Mr. Hare that your arms were not adapted?— No.

<span id="rc3626">[[#rc3626|3626]]</span> Why did you not?— I do not know whether it was forgetfulness or not.

<span id="rc3627">[[#rc3627|3627]]</span> Did you not desire Armstrong to complain?— No.

<span id="rc3628">[[#rc3628|3628]]</span> So you simply remained there, knowing your arms were useless in the event of your requiring them, and yet you never took any steps to complain?— Yes.

<span id="rc3629">[[#rc3629|3629]]</span> Suppose the Kellys had put in an appearance at Byrne's, you would have fired?— Yes.

<span id="rc3630">[[#rc3630|3630]]</span> You knew the distance they would carry?— We thought 40 or 50 yards.

<span id="rc3631">[[#rc3631|3631]]</span> Were you so experienced that you might have struck a haystack?— I think we could. On :the evening of the 26th Sherritt and I, and [[Ellen Sherritt|Mrs. Sherritt]] and [[Mrs Ellen Barry|Sherritt's mother-in-law]], were sitting in the kitchen having our tea about half-past six or a quarter to seven. The other three men were in the bedroom.

<span id="rc3632">[[#rc3632|3632]]</span> Was it dark at that time?— Yes.

<span id="rc3633">[[#rc3633|3633]]</span> What were they doing in the bedroom?— They had to go in. When they heard the least noise they went in. We were often in there for hours if anybody came to see Sherritt, not to be seen.

<span id="rc3634">[[#rc3634|3634]]</span> Had you any information that the Kellys were likely to appear?— Not the slightest.

<span id="rc3635">[[#rc3635|3635]]</span> Not from Sherritt?— Not the slightest. They had finished their tea, and we were talking. Sherritt and I were having some conversation.....

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