The Argus at KellyGang 6/4/1881 (2)
Hare giving evidence
He promised to set to work with all his might and try to let me capture them. He said he wanted me all along to capture them, and that he was sorry I had ever left the district. Detective Ward was present. Sherritt said the outlaws were knocking about the district, that his mother and sisters had seen them. He approved of the police party being in his house, saying no one knew they were there, and that only his mother-in-law came to his house, and that she was not likely to inform. His father and mother were Protestants and were much opposed to his marrying a Catholic. He married a Miss Barry. Was at Beechworth the week before Aaron was shot. Saw Detective Ward. Had reason to think the four men in Sherritt's house were not performing their duty properly.
Senior-constable Armstrong was in charge, and Duross was one of the men. Forget the names of the other two. Told Ward there was something wrong about the party. He seemed to think so, judging by his manner. I determined to watch them. I went to the house one night with Ward. I took my gun and revolver. We got to Sherritt's house about 9 pm. The house was of bark, with two rooms, and about 30ft by 12ft. There was a fireplace at one end, and the bedroom at another. The partition was of canvas. The house was a few yards from the main road, and not fenced in. One of the police came to speak to me. Asked where Armstrong was, and the man replied he was away with Aaron watching at Mrs. Byrne's. Asked why the three men remained in the house. He replied that Aaron thought it was too light for them to go when he went. Asked why Armstrong left them behind. Saw there was something wrong by the man's manner. Asked him to take me to where Aaron was. He lost his way once or twice. Thought at the time he did so purposely. At last we came to within 60 yards of Mrs Byrne's house. He said Aaron usually lay under a tree which he pointed out, 30 or 40 yards from the house.
Went down to the tree and found Aaron lying motionless. Called out, "Tommy." Usually called him "Tommy," and sometimes "Moses." Touched him, and beckoned him to follow me. We went back into the bush. Then saw Armstrong. Asked him what he meant. He told me that the constable at Sherritt 's had told me a lie, and that he was close to the house when I was there. Aaron told me Armstrong was an excellent man. Spoke to Armstrong, who told me he thought the party should be kept there. Asked Armstrong what he would do if the outlaws came to Aaron's house, and he replied, "I would shoot them dead." I said, " That will do." This was on the Saturday before Byrne shot Sherritt. The act making the gang outlaws expired on the day that Aaron was shot. Aaron did not think much of the other three men in the party besides Armstrong. I did not think much of them either after that.
Spoke to Sherritt about lying out without his coat. The water was frozen that night. He would lie there for several hours all through the night without his coat. Had a long conversation with Aaron. He seemed very confident of success. He would not return to his own house to have tea, saying he must stop to watch. Wondered whether he was "putting it on." Watched him, and saw that he went back to Byrne's house. Concluded his whole heart was in the matter. The police reported that the four outlaws visited Aaron's house when he was shot, but it is generally believed that only Joe Byrne and Dan Kelly were there. Ned Kelly and Steve Hurt were at Glenrowan at 3 o'clock that morning. They might have done the distance from Sherritt's house in the time by galloping. Complained to Ward about the behaviour of the three men, and he told me that Armstrong, immediately after I left Sherritt's house, showed up, and that he (Ward) sent him after me. Sherritt had been watching Byrne's house, therefore, alone. I think great blame attached to the four men who were in Sherritt's house when he was shot. There has been no inquiry into their conduct.
The information as to Sherritt's murder did not reach Beechworth until 12 o'clock on Sunday, and the murder was committed on the previous night. They should have done more than they did. They did not, I believe, fire a shot. They got into the bed-room, and remained there without doing any- thing.
The Chairman – One would have thought that four men inside the house would have done something.
Witness – Heard, I think, they got under the bed. They were properly equipped with double-barreled guns and revolvers. The men were allowed to select their own arms. They might have knocked a piece of the bark out of the hut. Was told the outlaws were going to astonish the world. That information came from Mrs Byrne. I did not know what they were going to do. The black trackers, with Mr O'Connor, left Benalla on June 25, 1880. Two trackers were left in the district. Other trackers had been sent for from Queensland. On Sunday, June 27,1880, about half past 2 pm, I received a message from Beechworth that Aaron had been shot the previous evening at 6 o'clock.
Consulted Mr Sadleir. Communicated with Captain Standish, and we asked him to request Mr O'Connor to return to Benalla with his "boys." That was between 2 and 3 o'clock p.m. on the Sunday. Mr Sadleir suggested that Mr O'Connor should be sent for, and I at once concurred. About 6 or 8 o'clock pm, received a telegram from Captain Standish, stating that he had asked Mr O'Connor to return, and that if he agreed to do so, they should be sent up by the first train on Monday morning. I replied that if Mr O'Connor did did not come at once, it would be no use his coming at all. Captain Standish then informed me Mr O'Connor had agreed to return, and would leave town about 10 pm on the Sunday. Telegraphed back that I had made arrangements for an engine to be got ready at Benalla to be used as a pilot. Mr Sadleir claims to have suggested that also. Don't recollect that he did. Captain Standish telegraphed that it would be a good idea to have a pilot engine. Mr Sadleir and I warned all the telegraph stations in the district to be on the alert, and sent a number of other messages. Made arrangements about the train and the conveyance of the police to Beechworth, the nearest railway point to Aaron's house.
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