Royal Commission report day 19 page 11
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6183 If they had been on the ground, and number of constables round them, and the outlaws in the house, it would have been quite easy for the outlaws to fire?— I think they could; it was near enough for them to hit from the position they were in.
6184 What is your opinion of the two different systems of endeavoring to catch the Kellys? Do you know the two systems?— Yes; the first system was when Mr. Nicolson came up to take up search parties before we had trackers. We had trackers from Coranderrk. He used to go out with parties himself. He went to the Watchbox Creek and Fern Hills and down to the Murray , where the outlaws were supposed to be, and where he was very close to them, it was ascertained, near the Baumgartens' place.
6185 Do you know that of your own knowledge?— I heard of it. Mr. Hare came then; and I think his system was very good at the time, because there were a great number of men in the district.
6186 Mr. Nicolson after that adopted a different system altogether?— Yes; allow me to give the reason. I think it was a good system at that time, because he harassed the outlaws, and kept them in the back country. Mr. Hare's search parties were out in all directions. He sent a party at night to the Strathbogie Ranges to watch a friend's place where they were supposed to go, and they remained there for a week. They used to send their provisions out at night, and another party was sent out to the Quarry Hills at night, and the outlaws were harassed and kept back. That was necessary at the time, and if it had not been done the public and the press would have been crying down the police, and hinting that the police were afraid to meet them. The only men I heard grumble when a chance came was the men left behind grumbling at not going out. Then they got the Jerilderie money, and Mr. Nicolson returned, and at that time I think his was a good system, because he had a great number of spies or agents, and it would prevent the outlaws having the chance of keeping back in the back country, and give a chance of our capturing them on that account. I think both the systems at the different periods were good.
6187 Do you know anything of the time that Inspector Brook Smith was supposed to be on the outlaws—were you at Benalla at that time?— He was not stationed here; he was at Wangaratta, and used to go out from there.
6188 Did you ever hear the constables complain they were not allowed to follow on the trail of the outlaws?— I heard some underhand talk, but I could not say exactly what it was or who it was. I often have heard the men in the office speaking, and I have been an unwilling listener, and I could not tell who they were.
6189 Was Mr. Smith removed?-—He was removed after Mr. Nicolson came, and then he was changed after Mr. Sadleir came and sent to Horsham.
6190 Was not that in consequence of alteration of districts?— Yes, but he remained under Mr. Sadleir for a long time.
6191 With regard to the different systems, in your opinion the systems pursued were the right ones at the time they were pursued?— I think they were.
6192 In fact, if Mr. Nicolson had attempted to pursue his system when he first came up here after the murders of the constables at the Wombat, it would be tantamount to doing nothing, because he would not have had his agents?— Yes, if he had remained in with his men, and even suppose he had his agents working, throuth the press and the public—
6193 I am asking this: Would it be possible to carry out the arrangements Mr. Nicolson did at the end of March—could he have done it at the first?— No.
6194 Would he have had agents at that time?— He could not have got so many.
6195 Then you were asked as to Mr. Hare's system; you say that was to harass the men and keep l them in the back country. Now supposing that Mr. Sadleir had not come down to Benalla; you stated, I think, that the constable who is in charge, or the sergeant in charge of the district, is by the regulations accountable to arrest offenders with warrants against them?— Every man in charge is responsible for the sub-district.
6196 What does that responsibility consist of?— To prevent crime and arrest offenders—to prevent it if possible.
6197 It is to make them amenable to justice?— Yes.
6198 Was Benalla Mr. Sadleir's head-quarters?— Yes. I telegraphed to him, and he arrived here at eleven o'clock , and rode to Mansfield on his horse at once.
6199 He was in charge of the district at the time of the murders?— Yes.
6200 Were you in charge of the district at the time of the first warrant for Dan Kelly?— Yes, sub-district.
6201 Was Greta in your sub-district?— No, in the Beechworth district.....
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