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Royal Commission report day 16 page 1 (2)

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Story of the KellyGang - the Royal Commission evidence

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

''''''

=== full text ===

(see also introduction to [[Royal Commission report 5/5/1881|day 16]])

'''Constable Thomas Patrick [[Const T Dowling|Dowling]] giving evidence'''

4370 Did he say then they were?— Yes.

4371 Not that they “may be”?— No.

4372 As a fact, that they were there?— Yes.

<span id="rc4373">[[#rc4373|4373]]</span> Do you know what means he had of ascertaining that fact?— No.

<span id="rc4374">[[#rc4374|4374]]</span> Was there any sign outside of where they made any preparations to fire the house?— Yes; there were some bushes gathered together, but they would not burn.

<span id="rc4375">[[#rc4375|4375]]</span> Anything else?— There was also some wood under one of the windows.

<span id="rc4376">[[#rc4376|4376]]</span> They could not have put that wood there without coming under the window?— They could not. It was a catch window.

<span id="rc4377">[[#rc4377|4377]]</span> You did not attempt to open that window?— We could not open the bedroom window.

<span id="rc4378">[[#rc4378|4378]]</span> Why?— It was fastened. I tried it myself and could not. It would have been useless in any case if I could.

<span id="rc4379">[[#rc4379|4379]]</span> Was the place where the boughs and wood were where you heard the match struck?— Yes.

<span id="rc4380">[[#rc4380|4380]]</span> That was by the bedroom?— Yes.

4381 Did you hear any voices there?— Yes.

<span id="rc4382">[[#rc4382|4382]]</span> Whose?— [[Joe Byrne|Byrne]] and [[Ned Kelly|Kelly]] both, I think, also [[Mrs Ellen Barry|Mrs. Barry]], I think.

<span id="rc4383">[[#rc4383|4383]]</span> They must have left their positions at the front and back when they collected those bushes?— They must, at least one must be looking in while the other was bringing the bushes, but there were bushes there for us to light a fire ourselves?— We brought them down.

<span id="rc4384">[[#rc4384|4384]]</span> At what time did they attempt to set fire to the place?— About ten o'clock at night.

<span id="rc4385">[[#rc4385|4385]]</span> Was it not suggested you should make a rush while they were making preparations to set fire?— No, it was not. We were not aware that the others were not there. We were sure in fact the others were there. We did not believe they would leave the others while they were going to commit that deed.

<span id="rc4386">[[#rc4386|4386]]</span> What time did the moon rise that night?— It was moonlight about twelve, I think, as near as I could guess.

<span id="rc4387">[[#rc4387|4387]]</span> Did it suggest itself to you that you should go out as soon as the moon had risen?— No, [[Const Armstrong|Armstrong]] said it was better to remain.

<span id="rc4388">[[#rc4388|4388]]</span> You were entirely under the direction of Armstrong?— Yes, we were supposed to obey him. We were under his orders.

<span id="rc4389">[[#rc4389|4389]]</span> At what time in the evening were you in the habit of going to [[Mrs Margaret Byrne|Byrne]]'s house?— About eight or nine.

<span id="rc4390">[[#rc4390|4390]]</span> This occurred about half-past six?— Yes.

4391 You were preparing to go out, I suppose?— No.

<span id="rc4392">[[#rc4392|4392]]</span> What were you all doing at this time when the knock came?— I was dying on the floor, and I think Armstrong was on the bed, and [[Const R Alexander|Alexander]] on the bedroom floor.

<span id="rc4393">[[#rc4393|4393]]</span> You had all your arms in the bedroom?— Yes, they were leaning against the wall.

<span id="rc4394">[[#rc4394|4394]]</span> You placed them so as to easily find them at anytime?— Yes, we could easily find them.

<span id="rc4395">[[#rc4395|4395]]</span> No difficulty in going to them in the night time to find them?— No; we always kept our revolvers on us—at least I did.

<span id="rc4396">[[#rc4396|4396]]</span> And placed the gun so as to find it at any moment?— Yes.

<span id="rc4397">[[#rc4397|4397]]</span> Would it be possible for the outlaws to come to Mrs. Byrne's hut without your seeing them?— They could have come at the back.

<span id="rc4398">[[#rc4398|4398]]</span> And them?— We were there, we were all at the one side of the house.

<span id="rc4399">[[#rc4399|4399]]</span> You had no spy?— Yes, Sherritt.

<span id="rc4400">[[#rc4400|4400]]</span> Did he go to Mrs. Byrne's house?— He was with us.

<span id="rc4401">[[#rc4401|4401]]</span> Was he inside the house to see?— Not that I am aware of.

4402 You had no one there to inform you?— No.

''The Witness withdrew. ....''.

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