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Royal Commission report day 31 page 1

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 16/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 16/6/1881|day 31]])

''''''''' Sup John [[Sadleir|Sadleir]] giving evidence'''

''Present:''

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

J. H. Graves, Esq., M.L.A., l W. Anderson , Esq., M.L.A.

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

[[#rc11866|11866]] ''By Mr. O'Connor''— You have heard, during some of the evidence given at this Commission, reflections cast upon me, as showing a want of courage?— I heard a good deal of the evidence to that effect.

[[#rc11867|11867]] Now will you state what was my behaviour during the expeditions when you accompanied me; did I evince any fear?— You mean in March and April 1879?

[[#rc11868|11868]] Yes?— No, certainly not.

[[#rc11869|11869]] Did I not request that only two constables should accompany me?— Yes, I am pretty sure of that.

[[#rc11870|11870]] Will you tell the Commission what I always asked you to allow when we came upon tracks which were fresh, and which we all thought were the outlaws'—I mean as to the working of the trackers?— You asked me to hold back all the white police and let you go on with your boys alone, which I refused to do.

[[#rc11871|11871]] And in your opinion it was just the opposite to showing fear in meeting the outlaws?— Oh most decidedly; we came to an understanding that I could not allow that early in our first trip.

[[#rc11872|11872]] From the time you arrived at [[Glenrowan|Glenrowan]] on the morning of the 28th June until you left did you consider I showed a want of courage?— No.

[[#rc11873|11873]] Then, from your own knowledge of me, a charge of this nature would be untrue?— So far as after I arrived on the ground.

[[#rc11874|11874]] That is from your own knowledge of me?— Yes.

[[#rc11875|11875]] Do you remember the first occasion of my going out in search of the outlaws?— You went out first with me.

[[#rc11876|11876]] Do you remember it?— Yes.

[[#rc11877|11877]] In my evidence, page 50, question No. [[Royal Commission report day 4 page 11|1074]], I said— “Prior to leaving, I told Captain [[Standish|Standish]] that I only required two of his men; but this I was told was not sufficient, and I must take not less than six Victorian constables with me. Captain Standish informed me, in the presence of Mr. Sadleir that I was to be in charge of the party.” Is this true or not?— Yes, that is perfectly true. I would like to state to the Commission, in explanation of my share in that, I was at the time not quite certain that I could stand the exposure, and thought that I should probably have to return in a day or two.

[[#rc11878|11878]] ''By the Commission''— You stated in your previous evidence you had been suffering from rheumatic fever?— Yes, also Mr.[[O'Connor|O'Connor]] being a stranger I wished to avoid any dispute with the head of the department in his presence. Captain Standish's order was an unlawful one, he had no power to give it, it was not in his power.

[[#rc11879|11879]] What order was that?— That Mr. O'Connor was to be considered as in charge of the party, and as soon as ever I found I could stand the exposure, I gave Mr. O'Connor to understand I was the senior officer. The facts as stated by Mr. O'Connor were perfectly true that Captain Standish did put him in charge or say he was in charge of that party.

[[#rc11880|11880]] To you?— Yes, in my presence.

[[#rc11881|11881]] You now express the opinion that, not to have any unpleasantness, you submitted temporarily to that?— Yes, for the two reasons that it was uncertain that I could remain out, and I wished to avoid disputes with the head of the department before a stranger, Mr. O'Connor.

[[#rc11882|11882]] Am I to understand that this order was given without any previous consultation with you?— None whatever.

[[#rc11883|11883]] Your reasons for not remonstrating then could not have influenced Captain Standish; he was not aware of your reasons?— No, I should think not; it came upon me as a great surprise.

[[#rc11884|11884]] He had not consulted you before?— No; and it was contrary to all the regulations of the service; and if he had consulted me I should have known what to do.

[[#rc11885|11885]] Is not that an action in every sense that would be resented in any service?— It is actually unlawful; no officer can do it. Our ranks are apportioned by the Governor in Council, and no head of the department has any right, without actual suspension from duty, to take such a step.

[[#rc11886|11886]] In question [[Royal Commission report day 1 page 20|229]], Mr. O'Connor is questioning Captain Standish, “Do you not remember saying to Mr. Sadleir that, although he was superintendent, he was to be under me for that party?— Certainly not.” That was an independent command given to Mr. O'Connor by Captain Standish?— We were, three of us, standing on the hearth.

[[#rc11887|11887]] I mean it is not the position of parties, but it was an independent command; he gave him the command in your district independent of you?— No, there could not with that distinction. If I accompanied the party, I held my rank in spite of Captain Standish or anybody else, except the Governor in Council.

[[#rc11888|11888]] Did Captain Standish say that at that time?— He said that or words exactly to that effect; there is no question at all about it.....

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