Royal Commission report day 43 page 7

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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

15141 Do you remember his telling you of any conversation that took place on that occasion ?— I was listening to it myself.

15142 What occurred when Joe Byrne came, when your brother was in the house and you?— He came to see about the sticking up of the bank. This time he came he had two separate things to tell—one about the Yackandandah bank, that he was not going to attack it; and that he and Ned Kelly had two separate plans to stick up the Beechworth bank.

15143 Did he on this occasion also express a desire to enlist the assistance of your brother as well?— Yes, he did.

15144 Were you both present?— Yes.

15145 And at the same time he made the proposition to you he made that to your brother also?— Yes.

15146 What reply did your brother make?— He said he would. I expect if we said we would not he might perhaps have shot us.

15147 Do you remember whether he addressed any conversation at all to him individually when you were not exactly present?— No; I was present all the time.

15148 Was your brother at this time aware of your going across to give information to the police?— Yes.

15149 Did you give information to the police on this occasion?— No; I know they got the information, but whether it was from my mother, or sister, or Aaron I do not know.

15150 How was it you did not on this occasion start away directly and give information to the police?— We were frightened of being watched by the rest of the gang.

15151 What time was this?— About seven or eight o'clock . It was after dark.

15152 Would there have been greater danger then than on the previous occasion?— On the previous occasion I was not in the house, I was in the paddock a quarter of a mile off, but on this occasion there was danger in leaving the house.

15153 Do you think your brother had, during the time he was in the employment of the police, been in the habit of going to Mrs. Byrne or any of the outlaws' friends, and apparently pretending to be on friendly terms with them?— I believe he did.

15154 Do you know of any occasion when your brother did visit Mrs. Byrne's place?— No.

15155 Do you remember any circumstance that he repeated to you as having occurred?— Yes; he used to speak friendly to the young Byrnes.

15156 And visited the house?— I cannot say that. He might come into Beechworth, and might buy them something.

15167 Did he ever go to Mrs. Byrne's house?— I do not know.

15158 You are not aware whether at any time he made appointments to meet them at any given place?— No. I wish you to understand that Aaron was employed by the police for a good while before I knew anything about it. I was splitting in the bush. I was not living at home.

15159 At this time you knew where he was, and used to meet him on friendly terms?— Yes, always friendly terms, except that one occasion.

15160 You frequently met him?— Yes.

15161 During this time you were ignorant of his connection with the police—that he used to visit those places—you were looked upon as friends of Byrne's and Kellys'. Did you visit them from time to time, the same as you had always been accustomed to?— Yes. I might go down there perhaps on Sunday, and perhaps not be there for three or four weeks.

15162 And Aaron would do the same?— Yes.

15163 What was the subject of conversation generally when you visited there—was it referring to the outlaws and how they were getting on?— Yes, she used to talk about the outlaws; say she wished that Joe would give a look round and shoot Mullane and Ward, and several others of the police; and said if they were shot there would be no danger of the outlaws being caught if they visited her place.

15164 Did the outlaws come and visit her place sometimes—did they venture home?— I do not know whether they did at this time.

15165 You never heard of it?— Not at this time. I had nothing to do with the police at this time.

15166 Still you visited Mrs. Byrne's and entered into conversation in the ordinary way?— Yes.

15167 Have you any idea at this period how those men got supplied with provisions?— I believe that Mrs. Byrne supplied them with provisions part of the time.

15168 Did you see anything at all to indicate that?— Yes, I have several times.....

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