Royal Commission report day 44 page 1 (2)
The Royal Commission evidence for 9/8/1881
(see also introduction to day 44)
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I was not home at the time, but I heard of his calling immediately afterwards, and went in to Beechworth, saw Mr Nicolson, and told him that Dan Kelly had told my mother that he (Dan Kelly) would come back at eight o’clock that evening. Dan Kelly did come at the hour appointed, and went away again. Mr. Nicolson said that he would not send down any police, but that I had better go down and see what he (Dan Kelly) wanted. I did not do so. There was hardly a week that I did not see Mr Nicolson and give him particulars of the movements of the Kelly gang, and I believe he could have easily captured all or some of the party almost during the whole time he was up there. Subsequently Mr. Nicolson was withdrawn, and Mr Hare took his place. I then wrote to Mr. Hare to say that I had constantly given Mr Nicolson information of how and where the Kelly party could be captured, and I told him that I was sure he could easily capture them if he was so inclined, and in a very short time. Immediately after this my brother Aaron was shot by Joe Byrne and Dan Kelly; in two days afterwards the Kelly party were captured and destroyed at Glenrowan. I was present at their capture, and had that morning collected the police detachments about Beechworth, and accompanied them to Glenrowan. I then received orders from Captain Standish to join the police force at the depot, Richmond, and both myself and my brother William were sworn in as constables at the Police Department at the Treasury. Our uniform cost, with our other appointments, £33 each. We believe that we have given entire satisfaction to the police authorities at the depot
“On Tuesday last, the 19th day of October, Mr Nicolson called myself and brother into the office at the depot; and discharged us on the instant, without any reason, except that the Chief Secretary had ordered him to do so. He said we should make up our minds to clear out of the colony immediately; he would give us a free pass, and a few pounds to carry us along. We then went and saw Mr Graves , the member for Delatite, and told him the whole circumstances, and begged him to get some consideration of our case from Mr Berry . He promised to see the Chief Secretary on the subject.
“Next morning Mr Nicolson telegraphed for us from Melbourne. We went in to see him. He asked us if we had made up our minds to clear out of the colony, and where we were going. I told him that we were waiting for a reply from our parents as to what we had better do. He said, there is no occasion to wait for them; you are old enough to judge for yourselves; and directed us to clear out at once, as we could not stop at the depot, stating that if I remained about Richmond I would get into gaol in three months, and don't attempt to use any political influence in this matter.
“I and my brother cannot with any safety go home to Beechworth. We have no home and no money, except 11s 6d. My father and mother have, beside us, eight children to support. I and my brother have lost our selections, and given up our contract. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of Parliament rendering persons making a false declaration punishable for wilful and corrupt perjury.
“ JOHN JAS . SHERRITT”
“Declared at Melbourne , in the colony of Victoria , this twenty-second day of October, One thousand eight hundred and eighty, before me—SHERBOURNE SHEPPABD, JP”
John Sherritt was perfectly unknown to me, but brought letters from constituents of mine in whose respectability I believed, and especially one from Mr Crawford , a magistrate and a coach proprietor, whom I have known for the last eighteen years. I determined to take action and represent the matter and the position that he was in with regard to the expenditure he had been at to the Chief Secretary, and upon that declaration being received and handed to me, I did wait on Mr Berry, and he caused, I think, £50 each to be given to the Sherritt brothers. Before I saw Mr Berry, I had an opportunity of seeing the late Sergeant Porter, and, I think, Sergeant Jarner Beckwith, whom this man told me he was in constant contact with, doing his duty; and also about that time, I do not know at what exact time, I also saw Mr Hare, and asked him whether the statements made by this man were true relative to his having given complete satisfaction in the depot; and these three people that I have mentioned told me that they had never had a better conducted lad in the depot. Then, having satisfied myself that in all probability the case was meritorious, I represented it to the Chief Secretary, and he gave them £50 each, on the condition that their uniform was handed over to the Government, which was done.
15217 By the Commission— I suppose you have other matters that have come under your own notice?— Yes; and I now simply give that statement with reference to these documents. I think it right to say that, after that affidavit appeared in the paper at the time, Sherritt wrote me a letter in which he said that that information was correct, but drawing my attention to some slight inaccuracy in one matter in that declaration. I suppose he will tell it to you now. I have his letter here somewhere; but I know it was a matter of not very great importance—something as to date, I think.
Mr Nicolson — As Sherritt is to be cross-examined to-day, it would be better that any inaccuracy should be corrected now.
The Witness — I do not recollect what the inaccuracy was, but if Sherritt corrects it now it will be sufficient.
15218 By the Commission (to Mr Sherritt)— Do you remember what that inaccuracy was?— No, I do not.
15219 If you look over it you may discover it now—[handing the affidavit to Mr Sherritt ]?—
The Witness — Whatever it was, it was only one unimportant matter, and I will be able to produce the letter.
Mr Sherritt — There was a paragraph in the paper stating I did not collect the police to go to Glenrowan in the morning.
The Witness — Yes, I think that was it. He said in his declaration he did collect the police that morning.
The witness withdrew. ....
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