Royal Commission report day 44 page 3

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The Royal Commission evidence for 9/8/1881

(full text transcription)

(see also introduction to day 44)

John Sherritt giving evidence

15247 On another occasion did he not previously make an appointment to meet you at Thomson's at Peechelba?— Before the appointment at Evans's Gap he did.

15248 When you met him at Sandy Creek , was not your proposal to meet him at Thomson's, at Peechelba?— That was the proposal.

15249 Did you meet him there?— Yes.

15250 At Thomson's, at Peechelba?— No, not there, but the next day coming back.

15251 Where?— At the Illewarra run. I was to meet him at Thomson 's house, at Sandy Creek , but I did not meet him there, but on the next day, when I did not expect to meet him, I met him on the road.

15252 Did he not on that occasion make an appointment to meet you at Evans's Gap?— Yes.

15253 Did he meet you there?— No.

15254 He sent you word he would not come?— Yes.

15255 You say when your sister came and gave you this information that Dan Kelly had called at your house, and she said you were not in, that he went round and searched the house?— Yes.

15256 What did you do then?— Went to Beechworth.

15257 What hour was this?— About dusk.

15258 Was it not about four o'clock your sister came to you?— I could not say the hour, it was about dusk. I know it was a little after seven when I came to Beechworth.

15259 Which paddock were you working in?— Crawford's.

15260 Which one is that—the one about a mile ahead of the gully in which Mrs. Byrne’s house is situated?— No, it is the paddock that runs across in front of our place on the road to Beechworth.

15261 Where your brother had a small hut?— No, it is a paddock right in front of our house.

15262 How far do you say that is from Beechworth?— I suppose the nearest side to Beechworth of this paddock is two miles and a half.

15263 Was it daylight when you reached Beechworth?— No.

15264 Did you not think if the outlaws heard of your going to Beechworth immediately after the visit of one of them to your hut they would be very suspicious of you?— I was very careful when I was going to Beechworth to go through the bush all the way.

15265 Who told you when you went home afterwards that the whole gang had called at your mother's hut at eight o'clock that evening?— Mrs. Byrne.

15266 When were you told this?— That night I was sent to the Woolshed by Detective Ward, where I got along with Patsy, and I saw Mrs. Byrne the next morning after I gave the information.

15267 Was it Patsy or she that told you?— She herself told me.

15268 Did you tell the police that Dan Kelly had called that night again the second time?— I did.

15269 Did you tell them that the whole four had called at eight o'clock that night?— I would not say whether it was I or my brother informed the police, but I know they got the information direct.

15270 The last time you gave your evidence you said you did?— I could not say for certain which of us did, but I know they got the information.

15271 About this declaration of yours. In it you say, “I was not at home at the time, but I heard of his calling immediately afterwards, and went into 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” —you only say that Dan Kelly called at your house—you do not say about the four men calling?— I say that they did call. If I did not say it in that declaration, it is a mistake of mine. I was certain that they did come back. It is a mistake of mine the other three not being down.....

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