Royal Commission report day 42 page 17

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The Royal Commission evidence for 3/8/1881

(full text transcription)

(see also introduction to day 42)

Mr John Sherritt Jn sworn and examined

14842 By the Commission— What is your occupation?— Before I was sworn in as a member of the police force I used to take contracts for fencing.

14843 Small contracts in the bush?— Yes.

14844 We have had it given in evidence that you had possession of Sergeant Kennedy 's watch at one time. Do you remember having that watch?— No, I never had it.

14845 Did you know anybody that had it in his possession?— No, I did not.

14846 Have you seen it at any time since the death of Sergeant Kennedy ?— No.

14847 Have you told anybody that you had it in your possession?— No, I never told anyone so.

14848 Then you do not know anything at all about the watch, or what sort of watch it was?— No, but I can tell a little about it. I heard a party asking my brother about it, asking my brother if he could get this watch from Mrs. Byrne .

14849 Who was that?— James Wallace , the schoolmaster.

14850 Do you remember in what way he asked?— He said, “If you get that watch, I will give you so much money.” I could not mention now the amount of money, but he said, “I know you will be able to get it from her, because you and Byrne's sister are on pretty good terms with one another.”

14851 You are still living in the neighborhood?— Yes. There is a good portion of my evidence I wish you would not have published, because I have got a good lot to say, if I am allowed to.

The Press were requested to withdraw .

14852 With reference to this watch, do you believe that your brother ever had it in his possession?— No, I am sure he never had it.

14853 From what you knew of your brother, do you think he would tell anybody he had the watch?— No, I do not think he would; but I am sure he never had the watch.

14854 If you have anything you wish to say, if you will just commence in your own way, we will not interfere with you?— About the watch first: My brother said he could not get the watch from Mrs. Byrne, and Wallace insisted that he could; and then he wanted to make Aaron believe that he heard Aaron say—in Kelly, the outlaw's, house—that he heard him telling Kate Kelly (Wallace said he was outside) that he had the watch. I wish to tell you my brother was in the employ of the police at this time.

14855 Did you often speak with Wallace yourself?— Well, I did pretty often; I used to go to school along with Wallace .

14856 How far was his school from the Woolshed Creek where you lived?— About twenty miles, I think.

14857 Were you often in Wallace 's house during the time that the Kellys were outlawed?— I think I was there once or twice; I was there once with cattle I know.

14858 Did you ever hear whether any of the outlaws were in that neighborhood or in his house?— No, I never heard there were any in his house.

14859 Did you know that Wallace was in the confidence of the police?— No, I did not. I was warned of Wallace though.

14860 By whom?— Mr. Nicolson , I think, warned me to be careful of Wallace .

14861 In what respect?— To be very careful of Wallace and what I said with regard to the outlaws. I could not exactly tell you what Mr. Nicolson told me.

14862 Did you at any time tell Wallace anything about Detective Ward?— No, I never told him anything about Ward .

14863 At any time?— No; I knew what kind of a character he was myself, if I never had been warned of him.

14864 What do you mean by that?— I have known him myself to come to our place; and once Aaron was inside; Aaron was lying on the floor, and he went down to Byrne's and told Mrs. Byrne . He said, “ Mrs. Byrne , I see that Sherritt—be is doing nothing; and also,” he said, “ Ward was there, and he had tea at Sherritt's and,” he said, “I believe Jack was working”—that referred to me.

14865 Have you any proof that he said that to Mrs. Byrne ?— She told my sister; she could not know it without Wallace telling her. He was there, and stopped there for the night and had tea.

14866 The impression you formed of Wallace was in consequence of statements that he made in reference to yourself and others that you knew to be untrue?— Yes.

14867 Could you mention any of those?— It has not got anything to do with the evidence I am giving now, but his previous character before. We had some dealings in cattle in his paddock, and I never gave him permission to kill any of the cows belonging to me, and he stole one and killed it.....

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