Murder of Sherritt
On 26 June 1880 the Felons' Apprehension Act 612 expired, and the gang's outlaw status their arrest warrants expired with it. While Ned and Dan still had prior warrants outstanding for the attempted murder of Fitzpatrick, technically Hart and Byrne were free men although the police still retained the right to re-issue the murder warrants.
On Friday, 25 June 1880, Dan Kelly and Joe Byrne rode into the valley known as 'The Woolshed,' where Aaron Sherritt had a small farm. Ned had decided to rob the banks of Benalla, headquarters of most of the police engaged in the Kelly hunt. First he planned to kill or capture the Benalla police in a pitched battle at the small town of Glenrowan, when they had been lured there by a diversion further along the railway line.
Aaron Sherritt was to provide the necessary diversion. Treacherous, brutal, immoral and vain, Sherritt was the most dangerous of the many police informers. Police money had bought him a thoroughbred horse, flash clothes, and a fatal arrogance. Spurned as a traitor by Joe Byrne's younger sister, he had approached Kate Kelly (outlaw) and had been threatened by an enraged Mrs. Skillion. He had married a 15 year old girl and settled on his parents' farm to spy for the police and work for the death of his former friends. He thought that the gang still trusted him although he had spoken of gaining the £8000. Four policemen were stationed at the Sherritt house for protection.
The gang decided to kill him, while knowing of the protection. They had watched the hut the previous night and seen Sherritt come to the door, alone, to talk to Anton Weekes, a German who had a small farm nearby. The two outlaws captured and handcuffed Weekes, reassuring him that he would not be hurt if he obeyed them. They pushed him to the back door of the hut. Joe rapped on the door and then stood back, with Dan in the darkness. They could hear movement inside. Sherritt's voice asked: 'Who is there?' Prompted by Joe, the German replied: 'It is me, I have lost my way.' Young Mrs. Sherritt opened the door. Aaron stood framed in the doorway and began to joke with Weekes. "You must be drunk, Anton. You know that it's over that way," laughed Sherritt. As he raised his arm to point the direction, Byrne fired at point-blank range. Sherritt staggered back bleeding from a bullet through the chest. Byrne followed him and fired again. Sherritt died without a word. His wife screamed and ran to cradle his head in her arms while her mother (Mrs. Barry) asked her son-in-law's killer: 'Why did you do it, Joe? Why did you do it?' Mrs. Barry knew the Byrne family well and had been a particular friend of Mrs. Byrne, Joe's mother. "I won't hurt you, Ma'am," replied the outlaw. 'But that ******* had it coming to him. He will never put me away again.'
When Weeks had first knocked at the door Constable Duross had been talking with Sherritt and his wife in the kitchen. He joined the 3 other police men in the bedroom. They remained there while Sherrit was shot. Byrne told Barry to open the front door of the hut. She did and revealed Dan Kelly a few feet away. The Sherritt home was a typical 2-room slab hut of the period. Dan could see through the bedroom and kitchen to Joe at the back. 'All right police,' he shouted. 'You've been looking for the Kellys. Well, here we are.' Joe ordered the frightened women to leave the house. When they had done so the outlaws began shooting into the walls of the bedroom. The police threw themselves to the floor.
The gang then surrounded the hut, and called upon the police to surrender, firing eight shots into the house. The police said they would rather die than surrender. The gang kept the police prisoners for twelve hours, threatening to burn the house down and roast them alive, but left without doing so.
Read more about this topic: Ned Kelly
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