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Royal Commission report day 21 page 12

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 17/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 17/5/1881|day 21]])

'''Const [[Const Daniel Barry|Barry]] giving evidence'''

<span id="rc7774_7547">[[#rc7774_7547|7774.7547]]</span> Then was it in your mind that you wrote that in April to please the officer who told you?— he ordered me to do it, and I obeyed his commands in making out a certain report, and I told him I wanted the others, to have the others to produce in my own defence if they were ever required.

<span id="rc7774_7548">[[#rc7774_7548|7774.7548]]</span> If you had been left free, you would have said you believed your existence was known several months before?— I would—belief, not positive knowledge.

<span id="rc7774_7549">[[#rc7774_7549|7774.7549]]</span> If allowed to report upon your belief, you would have reported your presence was known?— Yes.

<span id="rc7774_7550">[[#rc7774_7550|7774.7550]]</span> But yet, that being so, and with what you knew afterwards, you simply reported just what you knew?— Just what I knew. I had to put nothing on paper except what I could swear to, as I expected something would come of it in the days to come.

<span id="rc7774_7551">[[#rc7774_7551|7774.7551]]</span> Still you knew at the time that the Sherritts were aware of your being there?— Yes.

<span id="rc7774_7552">[[#rc7774_7552|7774.7552]]</span> Then, in point of fact, if you had been left to yourself, you would not have sent the last report?— No, by no means.

<span id="rc7774_7553">[[#rc7774_7553|7774.7553]]</span> You would have kept to the first or the second?— Yes, I would have kept to the first or the second.

<span id="rc7774_7554">[[#rc7774_7554|7774.7554]]</span> What led you then to believe the existence of this cave party was known?— So many people knowing we were there.

<span id="rc7774_7555">[[#rc7774_7555|7774.7555]]</span> Was there not any special circumstance that would lead you to a thorough belief of it?— And, besides, the family amongst themselves were fighting. The [[Anne and John Sherritt Snr|Sherritts]]—the father and [[Aaron Sherritt|Aaron]] fought. I did not see them, I heard of them; and the two brothers fought.

<span id="rc7774_7556">[[#rc7774_7556|7774.7556]]</span> Was it on account of the marriage?— Yes; and the old man expressed himself very strongly to me about it.

<span id="rc7774_7557">[[#rc7774_7557|7774.7557]]</span> What kind of a man is he?— The usual sort of bushman you meet.

<span id="rc7774_7558">[[#rc7774_7558|7774.7558]]</span> Is he active?— Pretty active.

<span id="rc7774_7559">[[#rc7774_7559|7774.7559]]</span> And a shrewd old man?— He pretends to know a good deal.

<span id="rc7774_7560">[[#rc7774_7560|7774.7560]]</span> Was he a constable of police?— He said he was at home.

<span id="rc7774_7561">[[#rc7774_7561|7774.7561]]</span> You saw young Mrs. Sherritt?— Yes; she was in the cave at one time.

<span id="rc7774_7562">[[#rc7774_7562|7774.7562]]</span> That was one instance of its being known to other persons outside the persons in the cave?— Yes.

<span id="rc7774_7563">[[#rc7774_7563|7774.7563]]</span> Did you report that?— I reported it verbally; I was not then in charge of the party, but I told it to Detective [[Ward|Ward]] when I came in.

<span id="rc7774_7564">[[#rc7774_7564|7774.7564]]</span> Was it prior to the writing of that last report?— Yes.

<span id="rc7774_7565">[[#rc7774_7565|7774.7565]]</span> You stated just now you were determined only to report matters of fact, that you could swear to?— Yes

<span id="rc7774_7566">[[#rc7774_7566|7774.7566]]</span> Why did not you report that?— Because I understood she was allowed to come; I looked upon her as one of the family.

''Mr. [[Hare|Hare]] stated he had got the gun he had on the occasion of the Glenrowan business, and wished to show it was possible for him to have loaded it again. Mr. Hare showed that it could be done, by firing off caps, holding the gun between his legs, and then pressing it to his shoulder, and firing it off.''

''Mr. Hare'' — When it first came to my knowledge that it was said it was impossible for me to load my gun with one hand, I got my own gun and found I could, and I went down this morning to Rosier, and got the gun from him, and brought it from there and tried it here, and you saw the result.

<span id="rc7774_7567">[[#rc7774_7567|7774.7567]]</span> You produced the gun here this morning?—( ''Mr.'' ''Hare'' .)—Yes.

<span id="rc7774_7568">[[#rc7774_7568|7774.7568]]</span> Is that the gun you fired at Glenrowan?— Yes. I do not think there is any breech-loader you could not fire with.

''Mr.'' ''O'Connor'' — Mr. Hare was wounded at the time.

<span id="rc7774_7569">[[#rc7774_7569|7774.7569]]</span> ''By Mr. Sadleir (to the witness)''— You have been with the police from the very first murders in the district?— Yes.

<span id="rc7774_7570">[[#rc7774_7570|7774.7570]]</span> Do you remember one night when some police with Mr. Hare and myself watched at the [[Ovens River|Ovens River]]?— I do.

<span id="rc7774_7571">[[#rc7774_7571|7774.7571]]</span> Where were you placed as regards myself?— Between you and the Ovens River , on the bank of the river.

<span id="rc7774_7572">[[#rc7774_7572|7774.7572]]</span> It was on the night of the [[events79-2_4Jerilderie Robbery|1st February 1879]] ?— Yes.

<span id="rc7774_7573">[[#rc7774_7573|7774.7573]]</span> We watched from sunset until morning?— Yes.

<span id="rc7774_7574">[[#rc7774_7574|7774.7574]]</span> Did you go to sleep all that night?— No.

<span id="rc7774_7575">[[#rc7774_7575|7774.7575]]</span> Not once?— Not once.

<span id="rc7774_7576">[[#rc7774_7576|7774.7576]]</span> I think I was next to you?— I believe so.

<span id="rc7774_7577">[[#rc7774_7577|7774.7577]]</span> Did you see me asleep that night?— I could not see; I was watching the other embankment.

<span id="rc7774_7578">[[#rc7774_7578|7774.7578]]</span> We were all watching intently?— Yes.

<span id="rc7774_7579">[[#rc7774_7579|7774.7579]]</span> Do you remember the bundle of hay and some kerosene?— Yes.

<span id="rc7774_7580">[[#rc7774_7580|7774.7580]]</span> Do you remember when that was placed first by Mr. Hare?— I do not remember him placing it at all.....

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