Royal Commission report day 42 page 21
The Royal Commission evidence for 3/8/1881
(see also introduction to day 42)
Mr John Sherritt Jn giving evidence
14943 It was not too dark to traverse the road?— No, quite easily; there is a good main road,
14944 What object had Dan Kelly to return at eight o’clock ?— To see me
14945 Because he had not seen you earlier in the day?— Yes. He had not seen me that day at all. Byrne came afterwards, and told me that Dan Kelly 's object to see me was that they did not want to stick up the Yackandandah bank—that it was too dangerous. Anyhow, I told them myself it was dangerous. Mr. Nicolson told me to express my timidity about the outlaws, and tell them it was dangerous to stick up the Yackandandah bank.
14946 On this particular day you are now speaking about, as soon as you had ascertained that Dan Kelly had called, you immediately rode into Beechworth, and told that they had been there and were likely to return that night?— Yes.
14947 You did not know it was the whole party at the time?— No, only one of them.
14948 Which officer of police did you see?— Mr. Nicolson .
14949 Anyone else?— Yes, Ward was there too.
14950 Did the outlaws in any way indicate to you that they thought you were working for the police?— No, they never did. If they did, I would have cleared out of the country altogether, because they would have shot me straight away.
14951 Did Mr. Nicolson say he would do anything, or did you offer to take them back?— No, I did not offer, but Mr. Nicolson wanted me to go back myself.
14952 Did Mr. Nicolson know where you were living?— I am sure he was well aware of that.
14953 Did Ward know it?— I should rather think so. He had been at the house.
14954 When did you see any of the gang after that?— Byrne came himself—I do not know how near it was afterwards—came inside and stopped for a considerable time. I was telling to him myself.
14955 What was the nature of the conversation?— About the sticking up the Beechworth bank and abandoning the idea of sticking up the Yackandandah bank.
14956 Did he let you know where his mates were stopping?— No, he never went to that.
14957 Did he ask you to do anything on that occasion?— Yes, to help them to stick up any bank they would get the chance at.
14958 Did he make any arrangements to make enquiries as to any other bank?— Yes; I forget which bank. I was to ascertain when I met about another bank, but I forget now which bank it was.
14959 Did you go to make enquiries about this bank you now speak about?— They had abandoned any idea of sticking up those two.
14960 The one that you forget the name of—did you take steps to ascertain the position of the bank, and how it was protected?— No. He only spoke about this bank the same day as I met him at Sandy Creek , and I was not to bother any more about it.
14961 You stated that after you had given information to the police that Dan Kelly had been, you had a conversation with Byrne at your place, and he then talked about sticking up some other bank?— The Beechworth bank.
14962 You then say he asked about some other bank you cannot remember—did you take any steps to ascertain whether that bank was protected or not?— No.
14963 You state after the night the Kelly gang were at your place that Byrne saw you at your own place?— Yes, some time after—very shortly.
14964 What was the nature of the conversation between you and Byrne then?— I asked him what did Dan Kelly want. I said I was not in. I cannot remember whether he asked where I was. He said that Dan Kelly wanted to see me for me not to be bothering about going to the Yackandandah bank, and he then talked about sticking up the Beechworth bank.
14965 Did he ask you to assist him in that?— To help him to fight the police; in fact, I said I would join them.
14966 Did you make arrangements to join them?— No, I did not make arrangements to join them to stick up the Beechworth bank, but I told him I would go with them.....
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