Royal Commission report day 37 page 8

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The Royal Commission evidence for 20/7/1881

(full text transcription)

(see also introduction to day 37)

Mr Anton Wicks sworn and examined

13119 By the Commission— What are you?— A miner, and working on the roads sometimes.

13120 Do you recollect going to Mrs. Sherritt's door and asking the way one night–the night that Aaron Sherritt was shot–were you present?— Yes. (JJK)

13121 Why did you go to the door that night?— I was stuck up.

13122 By whom?— By Byrne and Dan Kelly .

13123 How many of them were there?— Two, that I saw.

13124 Did they tell you you must do that?— Yes.

13125 And Sherritt came out?— Yes.

13126 Who shot him?— Byrne.

13127 Did you see anything further at the place that night; did you stop there all night?— No, about six o'clock I came before the door, and about nine o'clock I left the place.

13128 They allowed you to go away?— I got home at half-past nine.

13129 Where were you stopping when you went away?— I came home.

13130 How far was that from the place?— Over a quarter of a mile.

13131 What were you doing between six and nine–what did they do with you?— They stuck me up and asked for my name.

13132 I mean after you got to the hut–what did you do after Aaron Sherritt was shot?— I came home. I stood an hour or two with the people outside.

13133 Who were outside besides Byrne and Kelly ?— Byrne was with me, and Kelly was in the front of the house.

13134 Did Byrne keep you there all the time?— Yes, three hours.

13135 Just kept you there waiting for them?— Yes.

13136 Did you hear any conversation with Mrs. Sherritt or Mrs. Barry ?— No, Mrs. Sherritt and Barry were coming out after Sherritt was shot.

13137 And going in again?— Yes; the bushrangers let them in again.

13138 Had you not a chance of escaping all that time?— No, Byrne was always quite close to me –as close as I sit next to this man here–I was handcuffed.

13139 What did you do after nine o'clock when he allowed you to go?— He allowed me not to go at all–he left me standing. He slipped me a little way in the bush, and about fifteen minutes before they had taken the handcuffs off and left me standing there, and I stood about fifteen or twenty minutes by myself, and I went round home through the bush.

13140 Did you go to your own hut?— Yes.

13141 And remained there?— Yes.

13142 Could not you have told somebody about what had happened.?— I was so frightened, I ran directly home.

13143 Were there any other people there besides Byrne and Kelly ?— No, not that I saw. I heard Byrne call out, “ Dan , stand and watch the window.” That is how I know it was Dan .

13144 Were they on horseback when they stuck you?— Yes, three horses–Byrne was leading one horse.

13145 Was there anything particular about their appearance–had they any armour?— I think not Byrne–I think Kelly might; he looked very stout.

13146 He had nothing on his head?— No, I could see his face.

13147 Did you see them try to set the house on fire?— No, I did not, he always called out for two men and said, “Mind, I will set the house on fire if you do not come out,” but he never began to do it while I was there.

13148 Did he say there were police in the house?— No, always two men he wanted out.

13149 Had you seen Byrne before?— Yes, I knew him since a child; he was a neighbour of mine about half a mile.

13150 Did you not hear Mrs. Sherritt and Byrne talking at all?— Yes, they were speaking and crying.

13151 Did you hear what they said?— Byrne asked who were there, and she said “A man in there looking for work,” and he said always, “Bring the men out,” and he sent Mrs. Sherritt in to bring the men out.

13152 Did you know there were policemen in the house?— No, I never did, and never heard it.

13153 Did you hear any one say there were policemen about there?— No, not till after the murder.

The witness withdrew. ....

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