The Last of the Bushrangers: An Account of the Capture of the Kelly Gang

by Francis Augustus Hare

I must give one more narrative about Aaron, just to show the peculiar kind of man he was, even on the chance of being thought tedious. He came to me one morning and said, "Mr. Hare, I want to go away for a couple of days to look after some cattle of mine. I will be back within two days." I questioned him closely, what cattle he was going after, and asked him if he wanted any money. I had not engaged him at any fixed salary, but whilst he was watching with me he used to ask me for a pound or two, and I gave it to him. He often refused to take money from me, as he thought I was paying him out of my own pocket, whereas the Government refunded me all I paid him, and he only took sufficient to pay his expenses. Before he started off after his cattle, I said to him, "Are you sure you have got enough money to pay your way?" He replied, "I have a pound of the money you gave me last time;" and away he started, and returned according to his promise.

Some few days after this, Mrs. Byrne went to the police station, and reported that a valuable horse of hers had been stolen from Woolshed, and, after inquiry by the police, it was found in the possession of Mrs. Skillian, Ned Kelly's sister. She produced a receipt for it, as having purchased it from Aaron, and signed by him, for the small sum of £3 or £4. Mrs. Byrne obtained a warrant for Aaron's arrest, for they all suspected he was then a spy of mine. I spoke to Aaron on the subject, and he admitted that he had taken the horse and sold it to Mrs. Skillian. He said, "I could not help doing this. I did not want the horse, but I felt I must do something to old Mrs. Byrne. She has not behaved well to me lately, and her conduct towards me is so cool that I could not resist the temptation of stealing her horse."

All the time Aaron was with me, only the police who were actually in my party were aware he was working for me, and most of the others were delighted to hear there was a warrant out for his arrest. They made every effort to capture him, but could not find him. I was greatly annoyed with him, because it crippled his usefulness immensely. However, he kept out of the way of the police, and when I was relieved from the district I left it to my successor to get him out of his difficulty. I don't quite know how this was managed, but I was told he was directed to be at a certain spot one day, and a constable was ordered to go there and apprehend him. The constable afterwards took great credit for his capture, not knowing that his arrest was an arranged matter. He was brought before the police-court, but the evidence was not sufficient for the magistrates to commit him for trial, as the horse was not forthcoming, and Aaron was acquitted. I am not quite sure I am right in all the details of what occurred with reference to his arrest, but I was told that this was how the matter was managed.

A number of letters fell into our hands written by the outlaws, most of them by Joe Byrne. He was, for a bushman, rather clever with his pen, but I do not intend to disclose how we became possessed of them. However, I got one addressed to Aaron Sherritt, Sheepwash Creek, near Beechworth. This was the address of his father. I opened it and could not understand a word of it, as it was written in bush slang. I at once went for my boy Tommy, as I christened him, for Aaron was too uncommon a name to be constantly using. In sending telegrams concerning him to the members of the force who knew him, I always called him Tommy, for had I used his name, every one would have guessed who Aaron was. As I said, I sent for Tommy, and met him on a large granite rock at the back of Beechworth. I showed the letter to him. He looked at me and said, "How did you get this into your possession?" I said, "Never mind, read it to me; and who is it from?" He said, "Why, from Joe Byrne, of course." He sat down and read the letter without the least difficulty. I could not make head nor tail of it. I had the original, but I don't know what became of it. The purport of the letter was to the following effect. The writer told Aaron to be at the Whorouly races, which were to take place within a week, and where to meet him, at the back of the course, ordering him not to say a word about their going to the course. He also said that he had the black mare which Aaron had ridden in a steeplechase previously, and that the mare was in good order and sure to win. I asked Aaron what he thought best to be done? He said, "You must give me a good horse to ride to the races, and I will assist in every way possible."

I consulted with my brother officer as to what was best to be done, and we decided to send the usual mounted constables in uniform, and we then selected three good riders amongst the men, who were unknown in the district, and sent them separately to the races. They were all splendid riders and magnificently mounted. The men and horses could have been backed against the Kelly gang, man for man, at anything. We also arranged that I should ride out myself and appear to take great interest in the races. I did go out, and saw the three constables in plain clothes. One had a table and was playing the three-card trick; another had erected an Aunt Sally, and was bawling out at the top of his voice, and the third kept on his horse riding about. I was more afraid of the third man than any of the others, because he was a most excitable fellow and bold, and as good a rider as ever sat on a horse, but with no discretion. He would have faced the four outlaws if he had had the chance, and shot them one after another if it were possible. I may as well give the names of these men. They were the most dashing of all my party. The first was Tommy Lawless; the second, Faulkner; the third, Johnstone; three pluckier fellows never trod the earth. My fear was that the mounted police on duty would arrest some of my men for gambling, as they were not known to each other; but they were not interfered with.

After Lawless had been playing his three-card trick for some time, he thought he would enter his horse for the steeplechase that Aaron was supposed to ride in, thinking he would thus have a better opportunity of seeing everything all round the course. At the time appointed for this race to come off, we were all looking very anxiously for Aaron to turn up on the black mare, but alas, we were disappointed. I saw him anxiously looking out in the direction he thought the mare would appear from, but there were no signs of it. Joe Byrne's brother (Paddy) was a good deal with Aaron all that day, but the subject of Joe was not mentioned by either of them to each other. Lawless rode in the steeplechase and won it, and that was the only bit of excitement during the day.

An incident occurred during the steeplechase that I must state, although it is against the discipline of my men. Just before the steeplechase started, Johnstone saw three men riding outside the course; he took it for granted they were the outlaws. Without a moment's consideration, he galloped off alone towards them. I saw him do this, as I was wondering who the men were, and at a glance saw they could not be the Kellys. Faulkner was at the time on his horse close beside me, in the middle of a crush. He looked at me. I shook my head, and he remained where he was. I walked quietly out of the crowd, and Faulkner followed me, and we saw Johnstone returning terribly ashamed of himself. He could give me no explanation of his conduct beyond saying he could not help himself. He thought the three men were the outlaws, and he made straight for them.

Aaron Sherritt was noticed by every one riding a magnificent horse which I had purchased a few days before. He was pointed out to me by several people as Kelly and Byrne's greatest friend. I was asked why I did not have him arrested for stealing the horse he was riding, as he never could afford to come honestly by such an animal. I pleaded ignorance about either man or horse.

At night a ball was to take place at a public-house near the racecourse. We thought probably some of the gang might put in an appearance there; but there was no sign of them again, and we had to return disappointed.

In writing this narrative I have not kept exactly to the order in which the things occurred. As I have no paper to refer to, I am simply trusting to memory. After a time all the men, both in my camp and the upper, came to believe most thoroughly in Aaron's honesty of purpose, as I had done from the beginning. He often told me that I had a kind of influence over him that no other man had ever had before, and he could not tell me a lie. We kept watching as from the first. Old Mrs. Byrne began to be very doubtful of Aaron, and treated him very coolly; still the daughter believed in him, and he continued his visits to the house. The old woman was constantly abusing him, and telling him that she thought he had thrown his old friend overboard and was working for the police. Yet, notwithstanding this, the whole of Kelly's friends used to confide in him, and tell him all the movements of the police in the district, which he would repeat to me.