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Royal Commission report day 18 page 16

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 11/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 11/5/1881|day 18]])

''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' giving evidence'''

<span id="rc5680">[[#rc5680|5680]]</span> What train of circumstances induced you to alter your opinion of him from the Whorouly races to the time you last saw him at the cave party?— He used to speak so against Mrs. [[Mrs Margaret Byrne|Byrne]], and used never to visit her; and I thought if he was not friends with her he must be enemies.

<span id="rc5681">[[#rc5681|5681]]</span> The brother, Jack Sherritt, did you think he was true to the Government?— I could not say much about him.

<span id="rc5682">[[#rc5682|5682]]</span> What is your opinion?— He was more inclined to drink and knock about amongst other people, so I had not such a good chance as with Aaron to form an opinion.

<span id="rc5683">[[#rc5683|5683]]</span> Did you over hear him mention he was in the habit of meeting the outlaws—did he ever talk to you of ever having seen any of the outlaws?— No, he did not mention it.

<span id="rc5684">[[#rc5684|5684]]</span> Was he familiar did he say with their appearance?— Yes, he said he knew them well.

<span id="rc5685">[[#rc5685|5685]]</span> Do you think that during the time you were on duty up there, or previously or subsequently to this, that the Kellys were in the habit of visiting Byrne's?— Well, I doubted it. I did not see what they wanted to come home for. I thought they could easily get their provisions elsewhere. They might occasionally visit the place, I have no doubt, but not frequently.

<span id="rc5686">[[#rc5686|5686]]</span> Do you know the origin of the unpleasantness that occurred between Mrs. Byrne and Sherritt —was it connected with the Kelly party. You said Sherritt did not agree with her?— I believe he had been courting one of the girls at one time, or something of that sort.

<span id="rc5687">[[#rc5687|5687]]</span> Have you formed any opinion as to why Aaron Sherritt was shot?— Because he was in league with the police.

<span id="rc5688">[[#rc5688|5688]]</span> That is your opinion?— That is my opinion.

<span id="rc5689">[[#rc5689|5689]]</span> Do you think that private vengeance in connection with his family had anything to do with that?— I do not.

<span id="rc5690">[[#rc5690|5690]]</span> How do you account for the fact of it being known to Joe Byrne that the police were there. Is it from information supplied by his brother?— Yes, I daresay it would be. I have no doubt they would hear it as well as I heard it myself.

<span id="rc5691">[[#rc5691|5691]]</span> Outside the police?— Yes.

<span id="rc5692">[[#rc5692|5692]]</span> Do you think the information you received came from any members of the police force or a knowledge acquired from the parties themselves?— I think it would be the latter. I do not think it would be to the interest of the police to speak about it.

<span id="rc5693">[[#rc5693|5693]]</span> Did you ever see any reluctance on behalf of the men from doing duty that they were not ready to meet the Kellys?— I have never.

<span id="rc5694">[[#rc5694|5694]]</span> Did, to your knowledge, the officers and sergeants test the courage of the men in picking them for this duty?— No, I do not think they did.

<span id="rc5695">[[#rc5695|5695]]</span> Would you be surprised to learn that the sergeants always did test the men?— I have no doubt they formed an opinion.

<span id="rc5696">[[#rc5696|5696]]</span> Do you know they tested them by sending them on difficult duty; do you know that of your own knowledge?— No.

<span id="rc5697">[[#rc5697|5697]]</span> ''By Mr. Sadleir''. —You stated that there might have been thirteen men in the party from Taylor 's Gap?— Yes.

<span id="rc5698">[[#rc5698|5698]]</span> Where did they meet the party?— A short distance out of Beechworth, on the main road.

<span id="rc5699">[[#rc5699|5699]]</span> Which of them were you with?— Sergeant [[Steele|Steele]]’s party.

<span id="rc5700">[[#rc5700|5700]]</span> You did not meet in Beechworth?— No.

<span id="rc5701">[[#rc5701|5701]]</span> Is it not nearly two miles out of Beechworth?— I could not say it was not.

<span id="rc5702">[[#rc5702|5702]]</span> A little way on the main road before we turned into the bush?— Yes.

<span id="rc5703">[[#rc5703|5703]]</span> When Mr. Nicolson was rushing the house did you see me that morning?— I could not say I did, I think I did, I fancy you were up to the front.

<span id="rc5704">[[#rc5704|5704]]</span> You said that Mr. Nicolson rushed?— Yes.

<span id="rc5705">[[#rc5705|5705]]</span> What men were with him?— I think Constable [[Const Cornelius Ryan|Ryan]], but I am not sure, and Bracken.

<span id="rc5706">[[#rc5706|5706]]</span> Was Bracken with Mr. Nicolson?— Yes.

<span id="rc5707">[[#rc5707|5707]]</span> Are you quite sure of that?— Yes.

<span id="rc5708">[[#rc5708|5708]]</span> Not with me?— I cannot say that......

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