Royal Commission report day 14 page 4

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The Royal Commission evidence for 3/5/1881

(full text transcription)

(see also introduction to day 14)

Detective Ward giving evidence

3063 Would it be true or untrue that you could not take any action for making the Kellys amenable to justice without consulting the superior officers before you took any steps?— It would be perfectly untrue.

3064 You stated that for a portion of your time you could not act upon your own responsibility. You had better complete your evidence about that?— It was, providing I saw my way clear. For instance, if I got information that the four outlaws were in a certain place; I was one individual, having nobody with me. I travelled the whole district without any person to assist me. No matter where information was received from, I went myself. For instance, I was once in a false position near where the police were shot, in which I would not like to be again, and I alone could not arrest the four.

3065 That is not an answer to the question. You went on the 9th of September 1878 ?— Yes

3066 Did you remain in the Kelly district till the capture of the Kellys?— Yes.

3067 At what time were you prevented from acting on your own responsibility—or were you ever?— I was never prevented, but I was to be guided by circumstances.

3068 You stated just now that, when in Melbourne, you would have to report any information to your superior officer, and also that you were allowed to do the same in the country up to a certain time (about the time that Mr. Hare took command on the second occasion)—now we want to know what was the difference made at that time?— The difference made was that there were different parties in the district.

3069 Never mind the parties in the district. What we want to know is this—were you prevented by any instructions from taking action at once, when necessary, through having to consult your superior officer?— Never, but different arrangements were made.

3070 By whom?— Mr. Hare. We were working on a different principle before that.

3071 What was the difference?— All the black trackers were kept in Benalla—that was the only difference.

3072 Then you could go out with black trackers without sending for them?— We could by sending for them; they were always ready the moment I telegraphed for them. But the new arrangement was that they were to be on the spot—two in Beechworth, and two in Wangaratta, as well as two in Benalla.

3073 Were they that way with Mr. Nicolson?— No, never in Beechworth, except when required, when we should telegraph for them.

3074 You mean they were not distributed over the district. They were all in Benalla before?— Yes.

3075 They were not distributed till Mr. Hare took charge?— Yes; but they could be got any time to go anywhere they would be required, but their head quarters were at Benalla.

3076 Mr. Hare altered that system, and distributed the trackers?— He intended to do so; but on the 3rd of June I saw Mr. Hare. He telegraphed to me to Beechworth, on the night of the 2nd, directing me to proceed to Benalla on the following morning. I did so. I met Mr. Hare, and we walked along the road in the direction of Violet Town . We had some conversation there, and it is there he said, “It will take me two or three days to read the papers over.”

3077 What papers?— The Kelly papers in the office at Benalla. He said, “I intend having a party of police in Benalla, and to give you two black trackers, that you will be able to act with at any time, immediately you receive information. I will have two in Benalla, and two in Wangaratta. You could go at any time you pleased when you get information, but telegraph to me what direction you are going”

3078 Was that different from what the usage before was?— We never had the black trackers except when we applied for them.

3079 “I had long talks with them and their men”—[reading from Superintendent Hare's report published in Argus of 20th July 1880 ]— “on the state of affairs, and informed them that I intended stationing black trackers whom I expected from Queensland, at Benalla, Wangaratta, and Beechworth.” Those are the black trackers you refer to?— Yes.

3080 Are those the ones originally there or the ones recruited by Mr. Chomley?— The ones recruited by Mr. Chomley.

3081 He then says, “I also told them that at each of these towns I would have a full party of men stationed, so that if any information was received about the Kellys they would be in a position to go in pursuit at once.” The question is this, was that the fresh order, different from the usage that was adopted by the constables before—did Mr. Hare then alter the usage for the first time?— We could not have the usage; we had not the men. I had to communicate with my officer......

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