Royal Commission report day 43 page 6

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The Royal Commission evidence for 4/8/1881

(full text transcription)

(see also introduction to day 43)

John Sherritt giving evidence

15116 What do you want to convey to the Commission by that?— To let you see that Aaron was recognized with the police, and that Mrs. Byrne knew this, and that he was known to be watching Mrs. Byrne's closely.

15117 Can you say what was done by the trackers?— They proceeded on to the place, but they got to the tracks of someone driving a cow—that is what it wound up with.

15118 What particular object have you now in alluding to this circumstance to show Aaron was recognized. Had it not been known up to that period that he was in the police service?— Yes, but it was not known there were police so close about.

15119 This was not the first time when your brother had been detected as co-operating with the police?— I think not.

15120 Had not Mrs. Byrne prior to this seen your brother in the camp?— Yes, but he used to go about as if the police were not about at all.

15121 To the best of your belief and knowledge, did Mrs. Byrne, on the occasion that has often been alluded to—the camp—really recognize your brother at the cave party?— I never knew of only one cave.

15122 What cave was that?— The last cave party—Mr. Nicolson's cave party on the top of the hill.

15123 Your brother was engaged with that party?— Yes.

15124 This was near Mrs. Byrne's residence?— Yes.

15125 Do you know any occasion before in which your brother had been seen in any party?— No. The one I have mentioned is the only one I know of when he was seen—that is, seen with the police; but he was suspected of aiding and abetting the police.

15126 Long before?— Yes.

15127 Did you ever hear that Mrs. Byrne recognized him at the cave party?— No, I never heard of his being recognized.

15128 Did you ever know that Mr. Hare the party?— Yes; he had the party unknown to me for a long time. I was working near.

15129 By Mr. Nicolson— Did it ever come to your knowledge that your brother was seen in the cave party by Mrs. Byrne?— No.

15130 Did your brother ever tell you so?— No.

15131 By the Commission— Is there anything else you want to say?— That is all, I think.

15132 You say that Aaron was seen assisting the police, and that it was known from that time that he was with the police—do you consider that was the cause of trig being murdered?— Yes. I knew for a good while before, from the threats that Byrne made to my mother. On one occasion he saw my mother very early, and he told my mother that the first opportunity he got of Aaron he would shoot him.

15133 Was that before this circumstance you have been referring to or after?— I cannot say whether it was before or after.

15134 Just think a minute and see if you can remember?— I would not be sure, but I believe it was after.

15135 How long before Aaron was shot was it he told your mother this?— I believe it was about a month. I would not be sure, but it was not long before he was shot she went into Beechworth and told Mr. Nicolson about it.

15136 You were on the best of terms with your brother with the exception of the short period you alluded to just prior to his marriage?— Yes.

15137 Constantly meeting and having conversations about the police proceedings?— Yes.

15138 Did he, to your knowledge, at any time meet any of the outlaws under any circumstances whatever and have conversation with them when he was employed by the police—did he ever tell you so?— No, I do not recollect him telling me that he had a conversation with Byrne in the house. At one time, some time after, Dan Kelly was there when Byrne came.

15139 Was that when you went across to Beechworth and told Mr. Nicolson and Ward?— No; at the time I now speak of my brother was present.

15140 Was he in the house?— Yes......

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