The Argus at KellyGang 10/8/1881
THE POLICE COMMISSION
TUESDAY, AUG. 9
Present — Messrs Longmore (chairman), Hall, Gibb, Graves , Fincham, Anderson , MLA's , and Mr Dixon.
Superintendent Sadleir called the attention of the commission to a statement in acting chief-commissioner Chomley's evidence, taken with closed doors, to the effect that he had heard from the Chief Secretary that he (Mr Sadleir) had implored that he might be removed from the North-Eastern district, as he was in danger of his life. There was not the smallest foundation for that statement. On the contrary, he had intimated his desire to be retained in the district.
Mr Graves intimated that he had resigned his seat on the commission, partly because of his Ministerial duties, and partly because he wished to be examined with reference to an anonymous letter he had received on the subject of the conduct of the police in connexion with the pursuit of the outlaws. The letter reflected severely on the conduct of Mr Nicolson, and was signed " M Connors," but he believed the signature was a fictitious one, and that a constable in the district wrote the letter.
It was agreed to examine Mr Graves next day at 11 o clock
The following affidavit, by J J Sherritt, a brother of the late Aaron Sherritt, was read:-
" I, John James Sherritt, of the Richmond police barracks, in the colony of Victoria, formerly mounted constable of police, do solemnly and sincerely declare that I am above 21 years of age, and that about 15 months ago I was a selector on Sheepstation Creek, near Beechworth, and occupied 100 acres of land, being also at the time engaged in a contract for fencing for Mr Crawford, coach proprietor, which I had taken jointly with my brother, amounting to the sum of about £300. During the progress of the contract I received a message from Detective Ward that Mr Nicolson, superintendent of police, wished to see me, that in consequence of the said message I had an interview with Superintendent Nicolson in the township of Wangaratta , who asked me to undertake police duties to assist in the capture of the Kelly party of outlaws. I said I would consider his proposition. About three weeks after I met him by appointment at Beechworth, when he again asked me to do duty for him. I told him that the party of Kelly outlaws constantly visited Mrs Byrne's house at Sebastopol , and that they might be easily captured. He then engaged me, and I commenced to do duty, with six other police constables, under charge of Constable Alexander. I therefore had to give up my contract with Mr Crawford, and I continued to do the police duty entrusted to me for over six months, that during this time individual members of the Kelly gang constantly visited Mrs Byrne's house, and that some time after the robbery of the Jerilderie Bank by that party, the whole gang came to Mrs Byrne's house, and I sent word to Mr Nicolson that they were there; thereupon no action was taken by this officer. I then saw him personally on this matter in Beechworth, and asked him why he did not capture them. He replied that he did not attempt it on that occasion, as if they had found it out they would not come back any more. In about 14 days afterwards I received a letter from Joe Byrne, requesting me to meet him at Sandy Creek , near Wangaratta. This letter I forwarded to Mr Nicolson, who instructed me to keep the appointment with Byrne. I accordingly did so, and met Joe Byrne, and had a conversation with him. He told me that the Kelly gang were close at hand, and that they went wherever they liked, as the police were frightened at them. No action was taken on this occasion by Superintendent Nicolson for their capture. I then got thoroughly disgusted with the conduct of the police, and determined to discontinue doing duty for them, and to return to my contract with Mr Crawford, which I did. Mr Nicolson again sent for me, and I met him at Allen's store, in Beechworth. He then persuaded me to continue on doing duty for the police, and he gave me £5 in £1 notes, saying that when the Kellys were captured I would get the biggest portion of the reward, that he would never forget my services and that he would make me a permanent member of the police force. At his urgent request I then consented to do duty. Subsequently I constantly saw Byrne at his mother's house, and in the township of Sebastopol , and so informed Detective Ward and Mr Nicolson. Shortly afterwards I saw Mr Nicolson again in Beechworth, and told him that Ned Kelly had been at Mrs Byrne's house and at my own house, and I told him that my brother William had seen Dan Kelly in the neighbourhood. Shortly after this Dan Kelly called at my house and asked to see me. I was not at 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 8 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 constable 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 10th 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 no 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 bettor do. He said, there is no occasion to wait for them, you are old enough to judge for your- selves, 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 willful 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 SHEPPARD, JP.
Mr GRAVES stated that he waited on the Chief Secretary, who decided that £50 should be given to Sherritt and his brother.
A letter from J J Sherritt, dated December 19, 1880 , making a number of charges against the police, was put in by Mr Graves.
John Sherritt, cross-examined by Mr Nicolson, said with reference to his previous evidence that he had heard that Dan Kelly had called at his house one night, and was to call again, that when he got that information he was working in a paddock two miles and a half from Beechworth. It was not day- light when he reached Beechworth, and gave the information to Mr Nicolson and Detective Ward that Dan Kelly had called to his house, and was to call again later in the evening. Witness did not return home that night, and was informed next day by Mrs Byrne that the gang had been at his house.
The commission adjourned until 11 o'clock am next day.
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