The Argus at KellyGang 5/5/1881 (2)
Duross giving evidence
They hid in Sherritt s hut all day, not going out. Witness considered Sherritt a good man, and that he was honest to the police. The four constables had arms to which they were unused, but they did not complain. Mr Hare visited them, but they did not complain.
Mr DIXON – You knew that your arms were useless, but you did not complain? Witness – No.
To Mr GIBB – We could use the arms and knew at what distance they would kill. The Kellys were not expected by Sherritt. (Witness drew a plan of the hut.) The hut was a log hut. Witness detailed the circumstances of the visit of the Kellys to Sherritt's hut.When witness heard a shot fired he knew the Kellys were there. Witness refused to go out when called upon to do so by the outlaws. The constables subsequently prevented Mrs Sherritt from going out. The constables were prepared to fire at the outlaws when they should catch sight of them.The police never got under the bed. Constable Alexander was the first to go out in the morning. A schoolmaster living two miles off was asked to take a message to Beechworth, but his wife would not let him, being afraid.
To Mr LONGMORE – The constables kept a careful watch within the hut, but could see nothing outside. It would have been foolishness for the police to have gone out of the bedroom, as there was a fire in the kitchen, and it was dark outside. The police did not set out on the tracks of the outlaws the morning after the murder. About 11 o'clock on the night of the murder Constable Armstrong suggested that the police should go out, and he went into the kitchen, and put out the fire, and shut the door. Witness believed that there were more than two outside.
Mr DIXON – Do you think that the four police could have captured those two men?
Witness thought not, as circumstances were in favour of the outlaws. He believed they knew him to be a constable, and not a man seeking work, as represented by Mr Sherritt. He did not think he could have gone out in safety under that guise.
Mr Stanhope O'Connor here applied to be relieved from further attendance until he was desired by the commission to again appear, inasmuch as he had been offered a position as second in command of the North-Eastern district.
The commission granted the application.
Constable Duross continued – Constable Armstrong went outside and round the house during the day following the shooting. The others were inside during the day. Mrs Sherritt was willing to go out, but we detained her. We kept the two women in the bedroom to prevent their being accidentally shot, and to prevent the outlaws rushing in with them. When Mr Hare visited the hut on one occasion to see if we were doing our duty, it was Detective Ward who induced us to make a false statement as to one of us being away watching Mrs Byrne’s house. Aaron Sherritt had confidence in us. We used to return to Sherritt's house from watching Mr Byrne's about 4am . Sometimes the dogs drove us away earlier. At last we found that Paddy Byrne was watching Sherritt's house. The police in that house were really in a trap. The outlaws tried to set fire to the house when Aaron was shot, but everything outside was damp. They were heard to threaten to set fire to the hut. It was agreed by the police to make a rush if the place was fired.
To Mr Hare. – At night a shot gun would be more effective outside a house than a rifle. No objection was made to taking the double- barrelled guns at first. It would have been better to have armed two of the party with rifles and two with double-barrelled guns.
To the Commission – Armstrong suggested a rush about 9 o'clock pm , and the others said they would follow if he thought it advisable. He thought afterwards it would not be advisable, and that we should be shot before leaving the house. The two women did not complain of having to lie under the bed that night, Neither Mrs Sherritt nor Mrs Barry fainted when Aaron was shot. It was not to prevent the outlaws from burning the house that we kept the women inside. Joe Byrne heard us loading firearms. The double-barrelled guns were loaded at the time Aaron was shot. Joe Byrne was about two yards from Sherritt when he shot the latter. There was no light in the inside room, and it would have taken a considerable time for us to get our arms and rush out when Aaron was shot. It was about 11 or 12 o'clock p.m. that Aaron s body was brought into the house. The police had not then examined it since the shooting. Neither Mrs Sherritt nor Mrs. Barry said the outlaws were in armour when at Aaron's house. Was present at the Glenrowan affair. Saw Mr O'Connor several times there during the day. Saw him giving orders to the trackers, and talking to Mr Sadleir. Witness arrived at Glenrowan about 9 o'clock a.m. , and believed shots were fired from the hotel after that. Never saw Mr O'Connor in the drain. Heard a couple of men volunteer to rush the hotel, and Mr Sadleir said he would lose no more lives. Witness put in a claim to participate in the reward, but did not base it on the anxiety of mind he felt while in Sherritt's house. Was not perfect in the use of firearms when he was sent to the North- Eastern district. The Melbourne foot-police from which he was taken, were not drilled with firearms. Received no instructions in firearms in the North-Eastern district, but had a little private practice. The police there were ordered to expend less ammunition. At Violet Town witness had a Colt's revolver and Spencer rifle.
The commission adjourned until 11 am next day.
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