Royal Commission report day 44 page 4

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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

15272 By the Commission— You are certain that Dan Kelly called at your house, and Mrs. Byrne told you about the other three calling?— Yes.

15273 By Mr. Nicolson— If it had been the fact that the whole of the gang had been there, would you not put that in the declaration naturally?— There were plenty more facts I did not put in the declaration.

15274 That was a very important one?— There are still a good many facts I have not yet told the Commission about.

15275 That is your own fault. Are you sure you told me Dan Kelly would be back to the house at eight o'clock ?— I am quite certain, and Detective Ward was in the office, if I am not mistaken, at the time.

15276 Who were present besides me?— Detective Ward; no one else that I am aware of.

15277 By the Commission— Are you quite sure he was present on this particular occasion .?— Yes, I am quite positive.

15278 By Mr. Nicolson— Do you not remember seeing Mullane in the room?— No.

15279 Do you not remember my coming into the room and finding you sitting on the small safe that stood alongside the table, near the window?— I do not remember whether I sat down at all or not.

15280 Do you remember the hour at which you left?— I do not remember at what time I left; but I know one thing sure, that you looked at the clock, and you said there was half-an-hour or three-quarters. I am not certain at what time you said there could be any men down there.

15281 You said in your evidence that on a subsequent occasion that Joe Byrne called and had a long interview with you, at your house, on the 23rd November?— Yes.

15282 Do you remember Byrne saying that night what Dan's object was in coming?— I do.

15283 What was it?— That he was not going to bother with any banks.

15284 Will you just try and recollect this: Did not Byrne say to you that Dan's object in calling upon you that night was to tell you not to meet him on the following Sunday, or Sunday week, at Evans's Gap?— Decidedly that was part of it too; and not to bother to go to Yackandandah bank.

15285 You never mentioned this the other day when you were giving your evidence—that part of the message was not to meet this man at Evans's Gap?— Well, if I did not mention it, I made a mistake.

15286 By the Commission. —Was the meeting at Evans's Gap portion of the plan to stick up the Yackandandah bank?— It was to give information as to what I had found out about the bank.

15287 The conversation was to tell you that the idea of sticking up the bank had been abandoned, and there was no necessity to meet you at Evans's Gap?— Yes.....

The witness withdrew.

Adjourned to to morrow, at Eleven o’clock .

[see report of proceedings [~[9/8/ 18 81 ]|6469]~]

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