Royal Commission report day 14 page 17
The Royal Commission evidence for 3/5/1881
(see also introduction to day 14)
Inspector Montfort giving evidence
3361 Do you know that there are constables who devote nearly their whole time to those private duties?— I was aware of it in Melbourne .
3362 In the country?— The same principle applies. I do not know that they do devote their whole time in the country. It has that tendency; they can always say they are on that duty, and they cannot be disbelieved.
3363 How much did you get for that position?— £20 in Wangaratta.
3364 Supposing that a man can say he is at that work when his officer reports him for some neglect, that is very unfair to the Government service?— I do not think that there can be two opinions about that.
3365 You believe that prevention is better than cure?— Yes.
3366 You believe that if there had been better supervision by police in the Kelly district we would not have had the trouble with the outlaws?— That is my opinion as far as I can judge.
3367 Are there other districts where crime has existed and the police have been removed?— I can speak of my own personal knowledge only of north-eastern Victoria, and I think that is quite exceptional, and that the removal of police from there would have a far greater and more immediate effect than in any other locality that I know of.
3368 On account of the character of the population?— Yes, on account of the character of the population.
3369 And the character of the country?— Precisely.
3370 When you went to capture Power, the bushranger, with two officers, who ordered you for that duty?— Mr. Hare.
3371 Where was he stationed?— At the depot, Richmond.
3372 What position?— Superintendent of the depot—the county of Bourke .
3373 Did he succeed Mr. Bookey?— I do not know.
3374 Where were you stationed at that time?— I was Mr. Hare's superintending clerk at the office.
3375 Did he take you up?— No, he sent me up before.
3376 Were you altogether then under Mr. Hare's control?— At the time I was sent up.
3377 There seems to be a difference as to who was in charge of that party. Mr. Nicolson was the senior officer, under whose control were you supposed to be then, and that party was supposed to be?— There was no manifestation that I could judge of who was in charge until we were going up to where Power was. Then Mr. Nicolson stepped out and said— “I will go first; I am the senior here.”
3378 And made you believe that he claimed that position?— There is no doubt about it.
3379 Suppose that Mr. Hare had disputed that, and told you not to go, what would you have done?— We were all going together.
3380 How could you go together?— We did.
3381 What would you have done under these circumstances. Suppose Mr. Nicolson said— “Go with me,” and Mr. Hare said— “No, go with me”?— I cannot imagine such a contingency.
3382 What I want to ascertain is this—On that particular morning, if Mr. Nicolson said— “Come with me,” and Mr. Hare said— “No, come with me,” which would you have obeyed?— Mr. Hare. I was acting under him.
3383 Which was superior in rank?— I know Mr. Nicolson was senior.
3384 Would it not have been your duty to have obeyed him?— I would not hate minded that there.
3385 Would it not have been your duty, as under an officer who was under Mr. Nicolson, to obey Mr. Nicolson?— It would be my duty to obey the order of the senior officer
3386 As far as that expedition after Power was concerned, Mr. Hare had the control of it?— I did not understand it so. The thought never struck me.
3387 You said that you would have obeyed Mr. Hare—why?— Because, as he brought me up there, I was in his charge continually, under his immediate control and supervision, and I looked upon him as my personal officer.
3388 There is no personal officer in a case like that?— You asked me what I would do; I have told you, if there were such a contingency.
3389 Would it not have been Mr. Nicolson's duty to instruct Mr. Hare to instruct you?— It is so far fetched that I could not possibly say. I can only tell you what I think I would do now. I am sure I would have obeyed Mr. Hare if there had been a conflict of authority.....
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