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Royal Commission report day 45 page 18

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 10/8/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 10/8/1881|day 45]])

[[../../people/peU_Z/wardPdet.html|'''Det Michael Edward Ward''']] '''further examined'''.

<span id="rc15573">[[#rc15573|15573]]</span> ''By the Commission'' (''to'' ''Mr.'' ''Nicolson'' ). — Have you any questions you desire to ask?— Yes.

<span id="rc15574">[[#rc15574|15574]]</span> ''By Mr.'' ''Nicolson'' (''to the witness''). — Just relate to the Commission what you remember of that occurrence when Sherritt came into Beechworth?—

15575 ''By the Commission''— What time did he come?— I could not tell the time; it was night, I think between seven and eight o'clock . He saw Mr. Nicolson , Senior-Constable [[SConst P Mullane|Mullane]], and me; the three of us.

15576 Are you sure Mullane was present?— He was in his office.

15577 Was he in a position to hear what was said to you and Mr. Nicolson?— I do not know that he was.

<span id="rc15578">[[#rc15578|15578]]</span> What did Sherritt tell you?— That he was working in [[Crawford|Crawford's]] paddock; that his sister came to him; that Dan Kelly had been at the house, searched the rooms for him, and that he waited till it was dark and he came into Beechworth to tell me.

15579 Any more?— And that he said he would come back at eight o'clock at night.

<span id="rc15580">[[#rc15580|15580]]</span> What for?— He did not tell me.

15581 What did you say to Sherritt ?— I sent for Mr. Nicolson.

15582 Was Mr. Nicolson present when he told you that?— Not at first; he was up at the hotel first

15583 What did Sherritt say to you and Mr. Nicolson together?— The same thing again.

15584 What time was it when Mr. Nicolson came and Sherritt repeated that conversation?— I would not be certain as to the time; from the best of my belief, I think between seven and eight o'clock .

15585 What did the police do?— I left all to Mr. Nicolson then. As soon as I brought him there we consulted, and from the arrangement Mr. Nicolson had previously made on a previous meeting.

15586 Let us deal with this first. What was done between you and Sherritt and Mr. Nicolson?— Nothing was done then.

15587 Did the police go to watch Sherritt's place?— I do not think they did. I did not go.

<span id="rc15588">[[#rc15588|15588]]</span> Do you know what became of Sherritt that night?— I do. Sherritt was instructed on that night to go to [[Julian's shanty|Julian's]], a shanty-keeper on the [[Woolshed|Woolshed]], and to be able to prove, if he should see any of the gang, that he did not come in to see us; the same as he would prove an alibi. I gave him ten shillings to go there.

<span id="rc15589">[[#rc15589|15589]]</span> Did the police take any action, as far as you are aware of, to watch Sherritt's place to see whether Dan or any other portion of the gang returned?— I do not remember that they did.

15590 Did they?— I could not say.

15591 If they took any action would you be acquainted with it?— I think so.

<span id="rc15592">[[#rc15592|15592]]</span> Can you swear whether they did or not?— I do not think any action was taken that night. I went myself the following morning.

<span id="rc15593">[[#rc15593|15593]]</span> Did [[John Sherritt Jnr|Jack Sherritt]] inform you when he saw any of the outlaws?— Jack Sherritt gave very little information to me at any time. Aaron Sherritt was principally my confidential man, and one of the daughters and the mother.

<span id="rc15594">[[#rc15594|15594]]</span> How often did Jack Sherritt tell you he had seen any of the outlaws?— I think about twice is all I can remember, and the third time was he told me that [[Patrick Byrne|Patsey]] told him that [[Joe Byrne|Joe]] slept at home last night, and I made enquiries on that occasion. The cave party was out and the men watching, and I made enquiries of Aaron Sherritt. The men at the cave said they did not believe it. They said it was impossible for Joe to come home and they not see it.

15595 How long is it that you know Jack Sherritt?— Shortly after the Kelly business.

15596 Did you keep a diary?— No.

15597 Do you remember the circumstance about Jack making the appointment about Sandy Creek ?— Yes.

<span id="rc15598">[[#rc15598|15598]]</span> And before did Jack Sherritt inform you that he had an appointment to meet Joe Byrne at Sandy Creek ?— Yes, I knew that.

15599 Did you take any action to allow Sherritt to keep his appointment?— I reported the matter to Mr. Nicolson, and as soon as I did I left all in the hands of the officer in charge.

15600 What did you really do?— I reported the matter to Mr. Nicolson.

15601 By what means did you receive the communication from Jack Sherritt that he had an appointment with Joe Byrne?— I could not tell the date.....

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