Royal Commission report day 45 page 1

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The Royal Commission evidence for 10/8/1881

(full text transcription)

(see also introduction to day 45)

John Sherritt giving evidence


The Hon. F. LONGMORE , M.L.A., in the Chair;

W. Anderson , Esq., M.L.A., G. W. Hall, Esq., M.L.A.,

J. Gibb , Esq. , M.L.A., E. J. Dixon , Esq. , J.P.

G. R. Fincham , Esq. , M.L.A.,

15288 By Mr. Nicolson— You remember Joe Byrne calling at your house on November 23rd. while you were there at home?— Yes.

15289 It was subsequent to you coming to Beechworth and telling about Dan Kelly?— Yes.

15290 Will you repeat the reason that Byrne gave for Dan's previous visit?— He said, “Never mind going to Yackandandah bank” —they were not going to stick that up.

15291 Did he say he also brought a message not to bring a message to Evans s Gap?— Yes. Byrne said that Dan Kelly said that.

15292 For what purpose did you get the ten shillings; did you not get it to go down to Julien’s?— Yes.

15293 That was on the evening of the 13th?— Yes.

15294 Is that near Sebastopol?— Yes.

15295 How far from Mrs. Byrne's?— About a mile.

15296 What was the object of your going to Julien's—why were you told to go there?— I think it was to see if I could see Patsy there.

15297 I will remind you—was it not to show yourself at Julien's, and stop there and make a fuss there, so as to have it talked about, and to account to Dan for your absence the night he came?— Yes, I believe that was it

15298 When did you tell the police that Ned Kelly and Byrne had called at the Chinaman's store?— Immediately afterwards.

15299 Whom did you tell?— I think I told Ward first; I will not be positive; and then I told you the matter afterwards.

15300 Where?— In Beechworth.

15301 Do you remember the occasion?— No, but I remember telling you, and you cross-questioned me over the matter a great deal—you said, “How did I come there and how did I know that?”

15302 How long after the occurrence with the Chinaman did you tell me?— I think it was the next day.

15303 By the Commission— The day after you received the information?— Yes.

15304 By Mr. Nicolson — You told me the next day?— Yes, I think so.

15305 How long after their being there did you hear of it?— They were there, say to-night, and I heard it in the morning.

15306 And you told Ward that day?— Yes, I think so.

15307 Are you sure.?— I say I think so.

15308 Are you just as sure you told me the day following?— I will not be sure it was the day following, but it was about that—but I am certain I told you.

15309 By the Commission— Did you avail yourself of the earliest opportunity to come in and tell him?— Yes

15310 By Mr. Nicolson— Did you ever complain to me or anyone that you had given this information about the two men being at the Chinaman's hut, and it had not been acted upon—did you ever mention to me it had not been acted on?— I do not know that I did.

15311 When you did tell me — say the second day after—did you make any mention of your having told about it and it not having been acted on?— I do not know.

15312 By the Commission— At the time you informed Mr. Nicolson, did you tell him that you had communicated with Mr. Ward the information that the Chinaman had given you?— Yes, I did. There are so many times that I do not know the date. It is not one time, but dozens of times, but I cannot get at the exact time

15313 Have you any doubt in your own mind as to the occurrence with the Chinaman?— No, I have none

15314 There was no other occasion on which you conveyed information from the Chinaman as to the movements of the outlaws to Mr. Nicolson and Ward?— Yes, there were other occasions that Byrne used to come and get tobacco and things.

15315 You are not confusing that with the other?— No.....

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