Royal Commission report day 45 page 6

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The Royal Commission evidence for 10/8/1881

(full text transcription)

(see also introduction to day 45)

John Sherritt giving evidence

15421 You were not apprehended?— Never in my life.

15422 Was not that stolen to make a charge against Patsy Byrne and the old woman?— I do not think so I must ask the Commission to allow me to explain all I know about the saddle.

The witness was requested to withdraw .

The Commission deliberated.

John Sherritt was again called in.

1 5423 By the Commission— It is understood that there is not to be any further questioning on the subject?— I do not decline to answer any question about the saddle.

The Chairman — It is not before the Commission.

15424 By Mr. Nicolson— I have nothing more to ask, excepting when did you go down to Oakleigh?— That was when I came to Melbourne, when I was sent for by the Chief Commissioner of Police, Captain Standish

15425 You got orders then to go to Oakleigh?— To join the force.

15426 Did you go to Oakleigh immediately after that?— I do not know whether I did immediately after, or whether I stopped at a hotel.

15427 By the Commission— Were you at the hotel for two or three days?— Yes, I was.

15428 By Mr. Nicolson— Was that all the time you were at Oakleigh; how many days were you there?— I was there on several occasions.

15429 But when you went there when you came down for the purpose of joining the force, how long did you stop there?— Two or three weeks.

15430 Did you stop at the police station?— No, I stopped at a relative's place.

15431 May I ask who that was?— Yes, Mrs. Baker.

15432 Who is Mrs. Baker—what is she?— She is a relation of my mother's.

15433 Is she a selector there or in the township?— I do not know. I never asked her what she is. She lives just out of the township. Her daughters are dressmaking. Her husband is dead, I think.

15434 What constables were at Oakleigh whom you know?— I did not know any constables down there. I saw a man there; I was told his name was Grey . And before I went to Oakleigh I told Captain Standish I was going out there, and he said, “All right, but tell the constable where you are, so that if I send out I may know.”

15435 Was Constable Falkiner there?— No, I did not see him there.

15436 Do you remember the schoolmaster, Wallace?— I do, perfectly well.

15437 Did I not often warn you against him—not to associate with him?— Yes, once you did so.

15438 Did I not caution you strongly against him?— Yes, you did.

15439 Did I not warn you to be careful that he was not pumping you and trying to find out what you were doing?— Not about pumping, but to be careful about him.

15440 Did I not explain to you that he might be trying to find out from you about the outlaws or what you knew about them?— No, you did not tell me that.

15441 Are you sure of that?— Yes, I am quite certain you did not. You only told me to beware and not tell him anything.

15442 Did I tell you to avoid having anything to do with him?— Yes.

15443 This declaration of yours is dated 22nd October. You say in it that you met me, and then about three weeks afterwards you met me by appointment at Beechworth, when I again asked you to do duty for me. “I told him that the party of Kelly outlaws constantly visited Mrs. Byrne 's house at Sebastopol , and that they might easily be captured. He then engaged me, and I commenced to do duty,with six other police constables, under charge of Constable Alexander.” Are you sure that is correct?— I was to do duty along with Alexander.

15444 Do not you think that was the cave party?— Yes.....

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