Royal Commission report day 10 page 13
The Royal Commission evidence for 7/4/1881
(see also introduction to day 10)
Sup John Sadleir giving evidence
1906 But still you tell us that you had documentary evidence, which you laid upon the table, from a reliable informant, that told you from day to day that this thing was being done; did you take any steps, as far as you remember, to ascertain and track the people conveying those provisions?— We did take steps, but I said I have no record of them. The man's information was that she travelled every night so far as to bring her horse in knocked up when she returned. She had constantly to take a fresh horse, and that made any action more difficult.
1907 Did he state what time she started in the evening and what time she returned?— I have not got the record and cannot say. I think she used to start at night and come in a couple of hours after daybreak.
1908 I understood you to say that it was within the knowledge of the police that those people were preparing an unusually large quantity of provisions?— Yes.
1909 For purposes other than the supply of their own families, would not the police have been justified in preventing this food being taken?— Certainly not.
1910 They were not outlaws then?— In any case we had no right without evidence; we only see a large quantity of bread baked. That is not proof of their guilt; that evidence is all guesswork.
1911 Do the police always wait for proof before they take action in any general matter which may arise which gives even the colorable shadow of evidence that it is for an unlawful purpose?— If they do anything else, they do it at their risk.
1912 Do they not in less important cases take such action, although it be at their own risk?— It is not the practice of the police force to act without evidence.
1913 Was the reason you did not because you expected the informant to give definite information?— We had every reason for cautiousness—the distance she went; the character of the people about, who would have denied anything coming from us—and we hoped daily to be in a better position. This man was very very confident that he must drop across something better, and we had to keep ourselves in readiness for that, and it would have been a pity for us to spoil, by any immature steps, what would be a better opportunity. We had that feeling guiding us right through.
1914 Were you not acting under the outlawry Act at this time?— They were not outlaws at this time, I think.
1915 By Mr. Nicolson. —I think, if the Commission like, I can recall it to Mr. Sadleir's mind. —(To the Witness)—Do you remember some information about a horse called White-foot?— Yes.
1916 Mrs. Skillion used to ride it?— Yes.
1917 Do you remember information coming up to Melbourne about a large hollow tree?— Yes.
1918 Do you remember the action taken about that?— Yes.
1919 That hollow tree was used for planting provisions in—that was one statement?— Yes, I have the details of that, and a drawing of the locality—those are parts of the case I refer to.
1920 By the Commission. —What did you mean by “right through” in a previous answer?— Right up to the capture of the Kellys.
1921 You were saying you were waiting for fuller information—will you follow up the narrative?— What followed was, as we supposed, he began to be suspected and could do no more.
1922 By the Kellys' friends?— Yes. His own feeling was he began to be suspected and could do no more, and could not risk his life any more.
1923 Can you tell the date?— No.
1924 I think you ought to tax your memory for that?— I cannot. I had too much to think of.
1925 I suppose you had to think about the capture of the Kellys, if possible?— Yes.
1926 And this appears to have been valuable information, and one would suppose that your whole energy would be concentrated on the further development of that evidence from that one informant?— When we had reports coming in from Kerang and a number of other places?
1927 Yes?— How many minds would a man require to do that?
1928 After waiting for two or three days, did you follow those traces?— Mr. Nicolson has reminded me of some things we did at the time, and I am endeavoring to find those things in the papers, if I can. — [The witness searched amongst his papers.]—Here is the document put into our hands, but this is one of those private documents which must not be published—I beg the Commission to insist upon that. It was from a person who had a very good knowledge of what they were about, and he gives a long account of what he thinks their haunts would be. The document reached us almost immediately after the murders — the 30th of October—and with it a drawing showing the probable places where we would find plant or indications of where their provisions were left......
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