Royal Commission report day 42 page 4
The Royal Commission evidence for 3/8/1881
(see also introduction to day 42)
Mr James Wallace giving evidence
14589 Is there any one you can think of, except those you have named, that you had communication through?— Yes, I believe there is one.
14590 Who is it?— John Sherritt; I do not recollect any more.
14591 You are quite sure you had no personal conversation with either of the outlaws any time after the day of the murders at the Wombat?— None beyond what I have said about Byrne and Kelly, and I was not certain about Kelly. I met a man with a muffler on the road, and I heard afterwards Kelly had seen me.
14592 You were familiar with him?— Yes.
14593 Could you make a mistake about him?— Oh, certainly.
14594 How far off was he?— About fifty yards.
14595 Do you think you could make a mistake at that distance as to any gentleman in this room?— Yes, if they were in disguises. If I dressed you up in the garb of a woman, I would not know you.
14596 He was not dressed as a woman?— No, a grey coat, and a muffler round his face and nearly round his eyes; very little of his face was visible.
14597 That would attract your attention and cause you to be more observant of who he was?— Yes, I noted him as he passed.
14598 If he was so disguised, did not that attract your attention?— It did. I thought it looked like Kelly , but I could not swear that.
14599 Have you any doubt in your mind but that it was?— My impression that it was he was strengthened afterwards by hearing he had met me on that road.
14600 Did you keep a horse?— Three or four of them.
14601 From whom did you hear that information that Kelly saw you at this time?— From Ned Burke, at Hedi.
14602 How long after your impression of having seen him?— Two or three months after, I dare say.
14603 Did you communicate that to the police?— No, I did not; I did not see the necessity of it.
14604 Although you were fully persuaded he was the man the police were looking for?— No.
14605 Did you feel fully impressed it was the leader of the outlaws?— I felt slightly impressed.
14606 Did you send the police word of that?— I did not.
14607 Even if you had a slight impression, as an officer in the public service and occupying a respectable position as a teacher of young people, did not you conceive it your duty to give the fullest and most expeditious information you could?— Not in that case.
14608 In every case?— I have done so.
14609 About Byrne—you did not communicate intelligence till two or three days after?— Yes. Knowing the place so well, and also the means being used to capture them, I did not judge it necessary at the time to tell that about Kelly.
14610 About the other man you were certain?— I would not swear about that. I thought I recognized his voice and figure, still I would not swear it was he.
14611 You keep a horse?— I do.
14612 And were within sixteen miles of the telegraph?— Yes.
14613 And you did not think it necessary to mount a horse and go and tell about it?— The horse I was riding had just come a long distance. If I had wished to do so I should have had to borrow a horse, and if I had given information it would have been no use.
14614 You did not feel in bodily fear of those men?— No, never.
14615 Then you were in a different position from many of the inhabitants in that respect?—— I recognized the possibility of my being shot if I gave information. I would have chanced that; but it was not through fear, but just through not seeing the desirability.
14616 Are you quite sure you did not see any of those men on any other occasion?— Quite sure.....
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