Royal Commission report day 13 page 13

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The Royal Commission evidence for 14/4/1881

(full text transcription)

(see also introduction to day 13)

Superintendent Sadeir giving evidence

2936 By the Black Swamp or Glen Creek?— Glen Creek; then by Gobur, and run into Seymour between Ghin Ghin and the railway line; that is seventy miles, the shortest route you can go.

2937 Did you receive any police information of any member of the Kelly family being seen by the police in their search, immediately after the bank at Euroa robbery—would it be true that the police saw Kate Kelly on the very road you now have indicated?— I have never heard anything of the sort; I do not like speaking from memory where records can be had.

2938 Would it be within your knowledge that the search parties of police—were you informed that the search parties of police who went that very road met Kate Kelly within a day or two of the bank robbery at Euroa?— No, I have no recollection of any such report.

2939 That road you speak of now would go very close to the aunt we spoke of the other day?— Yes, it would go within four miles or so, or nearer; or they might have taken the very road, and got over the highlands of Tabletop, as it is called.

2940 From Wodonga, did Mr. Nicolson leave you on his way down to Melbourne at Wangaratta?

2941 Did any of your men go along that road from Benalla, along the road you have just mentioned?— No; I think Mansfield did go that road.

2942 We will know from some order in the Mansfield barracks what exactly was done on that occasion—have you got a clerk at Benalla?— I have.

2943 Did he remain there?— Yes, all the time.

2944 Did he open the correspondence?— He took care of every communication, everything in our absence.

2945 Is it usual to leave orders in writing about the route or verbally?— We are apt to do without them when in haste.

2946 Does the sub-officer then who takes charge keep a diary of all he does?— He keeps a diary of all duties—the duty he does himself.

2947 Would his entry be “Ordered to proceed in such a way, started at such a time, and came back”?— No, not exactly that.

2948 But it would contain each day's work?— The principal parts of each day's work.

2949 In other words, if the Commission asked for the instructions, and how they were carried out, given by you on that occasion at Wangaratta, and Mr. Nicolson at Benalla, will we find it written in any way?— You will find all those instructions in the papers now before you; in fact, I have seen them—all you can refer to.

2950 Mr. Nicolson had a very short time in Benalla on that occasion, and if he gave the instructions verbally the men would, in the course of their duty, say how they carried them out?— Yes, there are only two men—Sergeant Whelan and Senior-constable Maude—you will have to examine about it.

2951 He was clerk of the office at the time?— Yes.

2952 You stated just now that the constables talked about rushing the building, and that the general feeling was that the time kind not arrived?— That was my own feeling.

2953 That you did not at all events accept that offer?— Yes.

2954 At that time was Cherry to your knowledge lying wounded in the outhouse?— I have stated all I knew about Cherry.

2955 Was the offer to rush the house for the purpose of taking the Kellys that were in the main building or was it to save Cherry in case he was alive?— The offer by the police was to shoot the Kellys— to get them.

2956 You were asked was it within your knowledge that the offer was made by civilians, you said “No”?— There was no offer made to me, I am certain of that.

2957 Neither to rescue Cherry nor rush the house?— There was an offer from Dixon to run the risk of going to the back building and getting out Cherry. I told them we would take care of him, and not let any harm come to him; and he grew anxious as the fire came on.

2958 Dixon 's offer was after the fire was lighted?— No; he was offering several times in the day. Nobody except Dixon will come forward and say (if they speak the truth) that they made an offer to go and relieve Cherry. I am absolutely certain of that.

2959 Did you know the state of Cherry from any information then; did any one say whether he was living or dead?— They said he was living; of course they gave us to understand he was living.....

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