The Age (17)

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Hearing of the conduct of the Kelly sympathizers at Greta, it was determined last night to bury the body of Byrne quietly. This was done by a constable, the body being wrapped in calico and interned in the pauper portion of the Benalla Cemetery.

The names of the party which stormed the bushrangers in the first instance are Superintendent Hare, Senior constable Kelly, Constables Arthur, Kirkham, Barry, Conroy, Gascoigne, Barry and Phillips, and Inspector O'Connor and the black trackers. After Mr Hare was wounded Senior constable Kelly was left in charge of the Victorian police until the arrival of Superintendent Sadleir. Kelly acted splendidly, and his brave services should be substantially recognised.



The magisterial inquiry held into the death of Aaron Sherritt at his house, at Sebastopol, which was partly proceeded with on Monday was concluded today in the Beechworth police court before Mr Foster, PM, and a jury consisting of the following persons:- George Dennett, William Newson, Patrick Allen, Michael Dodd, Joseph Wertheim, Ralph Hall, James Ingram, John Nerastis, Samuel Broadfoot, Louis L Sanderson, James Ward and William Murdoch. ………….

After the reading of the evidence taken on the previous day. Mrs Ellen Barry, the wife of Edwin Barry, residing at Sebastopol, was further examined. She said: During the time Byrne was outside he used to keep me in front of him so as to protect himself from any shot from the police. There was no opening at the back of the house except the door. No person could have fired through the door at Byrne. To Mr Foster: There were two shots fired into the front of the house. There were no shots fired by the police. Constable Duross left the sitting room and joined the police in the bedroom when the knock came to the door. His object in doing that was to prevent any one knowing the police were in the place. Dan Kelly was standing outside near Byrne. He had a gun in his hand, but did not fire. When deceased heard the German's (Weekes) voice he went to the door. Weekes voice he went to the door. Weekes asked the way, and the deceased pointed to a sapling, and said, 'Do you see that sapling?' Just as he uttered the last word he made a quick motion as if to get inside the room again. At the same moment he was shot. A man then stepped to the doorway; it was Byrne. [The witnesses here repeated the evidence relative to this juncture of events which she gave on the first day of the inquiry.] After Byrne fired the first shot at the house he told me to go and look if any of the boards were knocked down. I went and looked, and then came back and told him that the boards were all right. I was talking to Byrne for about five minutes. Weekes then joined us and while we were talking together Dan Kelly commenced to gather bushes to burn the house down. Joe Byrne asked me if there was any kerosene in the place. I said 'No.' He then said, 'What is it that is lighting the room?' and I told him it was the light of a candle. Dan Kelly, so fat as I remember, never spoke. Byrne said 'the place would be burned,' I said, 'For God's sake don't for my girl is in there, and she will be burned too.' He said, 'Well go and bring her out. Just then Dan Kelly called out, 'Send that women inside' Byrne said, 'Mrs Barry, you must go inside.' I asked him to promise me not to burn the place down, and I would go inside. He replied, 'Well, I'll see about that.' I then went inside, and after that saw no more of the men. Both doors were left open. Although I saw no more of the men I could hear dogs barking, and a noise as of some persons talking throughout the night. The last time I heard a dog barking was about four o'clock in the morning. Both the front and back doors remained open all the time. To a jury man: I did not leave the place until Monday morning. The police came out of the bedroom in the morning. I believe some of them came out during the night time and shut the door. I cant say what happened during the night, as I was lying down under cover. My daughter (deceased's wife) was under the bed. The police were in the bed room. There were four of them there. When I went to the door I could see the faces of Dan Kelly and Joe Byrne. The police could not see Byrne through the calico screen which served as a bedroom door. It was quite dark outside, and the outlaws could not be seen except from the door. They had a good view of the inside because the candle lighted the room up. The police sent a message through a Chinaman to Beechworth. I do not know what time they despatched him. It was daylight. The Chinaman shortly afterwards returned, and said he could not take the message, as he had too much work to do. Mr Donohoe, a schoolmaster at the Woolsheds, was next seen, and he promised to convey the message. He also came back, and said he could not take it as his wife wou'd not let him. Afterwards a man named Duggan was sent; but as the police suspected he would not deliver the message. One of them started and went to Beechworth himself. This was about breakfast time, perhaps nine o'clock. When I came to the door Byrne asked me how many men were in the room, and told me not to tell any lies or he would shoot me. After he fired at Sherritt he heard the police cocking their rifles, and he called out to Dan Kelly, 'Do you hear them cocking their guns!'


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