Royal Commission report day 42 page 20
The Royal Commission evidence for 3/8/1881
(see also introduction to day 42)
Mr John Sherritt Jn giving evidence
14919 And then Joe Byrne came?— No, I went to Beechworth to inform Detective Ward. My sister came over to the paddock, and told me Dan Kelly wanted to see me. I had a horse in the paddock, and a saddle, and I went through the bush to Beechworth. I saw Ward . I do not know whether I saw him with Mr. Nicolson together in the office, but I gave this information.
14920 What did they do upon that?— Mr. Nicolson looked up at the clock. I think it was about half-past seven. I went up pretty quick, and Mr. Nicolson wanted me to go back again to make my appearance to Dan Kelly , and I would not go. I was frightened. I had been seen by some of his friends —very likely seeing me talking to some of the police in Beechworth; and, when he insisted on looking through the rooms with my mother for me, I was doubtful of him, and I would not go back. Ward gave me 10s., and said I could make my appearance on the Woolshed, and show I was about, and not in any way in league with the police.
14921 So nothing further came of that?— They did come back, but I was not at home. The whole lot was outside, but they did not come in the same night. I did not know it till a couple of days afterwards, when the police were informed of it.
14922 Do you know what action the police took on getting your information?— There was no action taken on my information at all.
14923 Did they not start in pursuit immediately?— No, no pursuit at all.
14924 What answer did they give?— I did not get any answer at all. I wanted to go back myself. They told me to return. Mr. Nicolson wanted me to, but I was frightened and would not go.
14925 As far as you know, they took no action then in pursuit?— No.
14926 If they had done so, they would have met the Kellys when they came back?— Yes, but the Kellys did not come in. In at eight o'clock , there was to be a light burning, and there was none. That was arranged with my mother.
14927 Did you inform the police that arrangements of that sort had been made?— No, not about the candle, because I did not stop in. He was to get full particulars from my sister. I did not know it at that time.
14928 Did you inform the police that some of the outlaws were to return to your place to ascertain your report about the banks. Did you inform the police that you expected the outlaws to visit the house again?— Yes, I did. I said Dan Kelly had come to see me about six o'clock , and he would be back again about eight. It seems there was no light burning, and the whole lot came back.
14929 Did you state Dan Kelly had been there and would return to the house again at eight o'clock ?— Yes.
14930 Was it possible for you to be back by eight o'clock ?— Yes. I could have easily.
14931 If you could, it was equally possible for the police to be back by eight o'clock ?— Yes. If the police were ready, they could.
14932 There would have been no difficulty in getting the horses and getting back to this spot in a couple of hours?— Yes, they had good horses.
14933 As far as you can judge, is it your opinion, if they had started probably then, they would have succeeded in capturing the outlaws?— Yes, they would, because if the police had gone down I would have gone with them.
14934 You have no doubt, as far as your opinion goes, that if they had started with you they would have got them then?— Yes, as far as my opinion goes, they would.
14936 How far was it from your place to the police quarters?— I do not know—they call it about three miles
14936 You could ride that three miles?— I rode on the police horses once twelve miles in about thirty-three minutes, or less, over rough country.
14937 There was no difficulty for them?— No, I could ride that bit myself in ten minutes.
14988 Did they give you any reason why they did not return with you?— No, they gave no reason,
14939 Simply gave the ten shillings and told you to go away?— Yes.
14940 How long before the capture of the Kellys did this circumstance you have now related take place?— I could not tell you.
14941 Just as near as you can—six or seven months?— About that. I never kept any date of anything. If I had known as much as I do now I would have,
14942 Was it dark before you started to give this information to the police?— Yes, it was dark; it was just between day and dark when he came, and about a quarter of an hour afterwards I got the information myself, and it was not then more than a quarter of an hour till the police got it.....
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