Royal Commission report day 10 page 5
The Royal Commission evidence for 7/4/1881
(see also introduction to day 10)
John Sadleir giving evidence
1760 It will be necessary to have your full account of all matters?— I do not know, except from reports of Mr. Nicolson, what action he took in this matter; I know that he took action.
1761 Were you sent down to enquire into it before Mr. Nicolson went?— No, Mr. Nicolson had probably heard it while I was away, but I am not sure.
1762 Then Mr. Nicolson said there was some delay before he followed them up?— I know that Detective Kennedy went down about that report when it was first received, and Mr. Nicolson, not being satisfied as to the result, went himself.
1763 Dextcetive Kennedy was the man sent down first?— Yes, I think he was the first. On the 6 th November, that would be the Wednesday, I went to Everton and thence on to Taylor 's Gap. I met there by appointment two parties of police, and instructed them, according to arrangement with Mr. Nicolson, about some further duties they had.
1764 Were those the same two parties?— No, two search parties that were out after the murderers; and, after doing my business with them, I went on to Beechworth with Senior-constable James. We got into Beechworth about half-past ten, and found the place overrun with armed men—the camp overrun with armed men. I found there was a search party being got up by Constables Keating and Keen on some information they had.
1765 Found the place overrun with armed men; were the men constables?— No, private citizens. I think there were seven or eight men with guns and weapons of various sorts. I found a man there who said he had seen the Kellys two evenings before in the neighborhood, and though I knew the information was stale, two days old, I thought it could not be passed over.
1766 Was this man stating what he said to you privately?— No, he had observed it himself; he had seen the men himself.
1767 Was he stating that to the armed people or to you confidentially?— He was in the lock-up when I saw him; I put him in there for safety. His information was, beside seeing them two days before, that if they were not found in the place where he saw them, they would be found in some other. I forget his expression; somewhere in the rocks where it would take fifty men to get them out. He was very particular about that.
1768 Is that the matter referred to in Captain Standish's evidence— “On 6th November 1878 , I proceeded to Benalla to confer with Mr. Nicolson, arriving there about 8 p.m. While we were talking, we received an urgent despatch from Mr. Sadleir, then at Beechworth, that the Kellys had been at Sebastopol , and that he believed that they were there then. I immediately ordered a special train, and proceeded with Mr. Nicolson, nine mounted constables, and one black tracker, to Beechworth, arriving there soon after 3a.m. At 4a.m. we started —.” Is that the same that you refer to?— Yes, it is. I find a telegram dated 6th November 1878 — “Very positive information that Kellys are concealed in range near here. My informant is not quite sober, and has been talking rather openly, but I am convinced his information is genuine; but it my be too late a day or two. I have but two constables here, and the hiding place is most difficult to approach. I have endeavored to communicate with Steele’s party of thirteen men, six of which I can be sure of coming, but I think you should send all you can by special to reach here before day; mounted, and of course armed, and bring tracker. Reply.” The answer is— “We are coming up as desired by special train. We shall leave about midnight . Meet us. Standish accompanies me.” That is from Mr. Nicolson. About daybreak next morning Captain Standish and Mr. Nicolson arrived with about nine men.
1769 Would that be Thursday?— Yes, Thursday morning, and I think there were two or three gentlemen of the Melbourne press with them. Not only the six men that I expected from Sergeant Steele, but all his party turned up.
1770 How many would his party consist of?— Thirteen; they met us on the road as we went out, about two miles out of Beechworth, and I think the rest is described by Mr. Nicolson in his evidence, except this, that as we approached the place where we had to search, we halted the whole party a good distance away from the place. Mr. Nicolson and myself selected any men near us that we liked for the rush, asking Captain Standish to hold the others back, because they were very anxious about it, until at last we could get quietly near the place and start into a gallop. We searched the house and found no Kellys there, found a family, and they were all fast asleep when Mr. Nicolson, who was first in, arrived, so they did not hear us. We searched another place and found nothing.
1771 Will you define more clearly the places searched?— The first hut we searched was Sherritt senior's hut. The next hut we searched, a little further on, was supposed to be Aaron Sherritt's, but I think there was some mistake about that; at any rate, it was not the hut we expected.
1772 Did the whole of the party proceed to search the second hut?— I think we went in much the same way, cautiously. It was not of much moment—it was a mere thing done by the way.
1773 You found them asleep in the hut?— Yes; Mr. Nicolson told me so. He was the first to enter; my horse would not jump a fence that was in the way—I had to knock it down first. He was twenty-five yards ahead of me; he put his shoulder to the door and went in head foremost. On that day Aaron Sherritt (it was the first time I saw him)......
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