Royal Commission report day 22 page 15

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The Royal Commission evidence for 18/5/1881

(full text transcription)

(see also introduction to day 22)

SConst Kelly giving evidence

8333 The Chairman— I beg your pardon; it was a mistake. (To the witness.) This report of yours is dated 16th September 1880. Then, “25/10/80. The senior-constable, up to the date of the capture of the Kelly gang, showed himself very efficient. Subsequently, when told off to take charge of Greta station, with three constables, he pleaded to be excused from the fear of personal risk. Another constable undertook the duty, and the senior constable's transfer was recommended as a mark of my disapproval of his conduct.” That is signed by Superintendent Sadleir. Do you know if any other constables have asked to be relieved?— I heard that Senior-Constable Johnson asked; I do not know of my own personal knowledge; and Sergeant Steele, I heard too that he applied to leave.

8334 You heard this?— Yes.

8335 For what reason?— I do not know.

8336 Have you ever heard of anybody desiring to be relieved because his life was in danger — a constable?— I did not.

8337 Did you consider that the place was one of peculiar risk (where you were ordered to go to) to yourself personally?— I did.

8338 I think you gave evidence that it was right in the centre of the disaffected district?— Yes.

8339 Within a very short distance of Kelly's house?— Yes.

8340 And within a very short distance of Lloyd's?— Yes.

8341 And McAuliffe's?— Yes.

8342 And other sympathizers immediately round?— Yes.

8343 And that Mrs. O'Brien, the keeper of the house, was in your opinion a sympathizer to some extent?— Yes.

8344 Is the country such that you could be waylaid and shot at any time?— At any time. If you go outside the door they could have an opportunity of shooting you.

8345 It is heavily timbered country?— Yes.

8346 And away from Greta you get into ranges where men could be sheltered?— Yes.

8347 You heard the Chairman read the report entered in your record sheet?— I heard it.

8348 Are you thoroughly seized of the importance of it; is it so clear to your mind that you can now express an opinion of its importance to you?— It is damaging to me.

8349 In the future would that militate against your position in the police force with the officers?— Yes.

8350 Is that charge cowardice?— I consider it is.

8351 Would you consider it a charge of cowardice?— I would.

8352 Do you know that a lot of men have been discharged for cowardice in the service?— I do not.

8353 Do you know of Constable Baker discharged for not taking a blackfellow?— I do not.

8354 Do you know that cowardice of that character is a subject of dismissal?— I know it is.

8355 Do you know that if not dismissed it is the severest charge against you that could be got?— Yes.

8356 If an officer going to recommend you for promotion saw that charge in your record sheet would it not make him hesitate before he recommended you for promotion?— I believe he would.

8357 Do not you know he would?— Yes.

8358 You say in your application to be relieved from service at Greta, that it was not from fear of personal violence — you say it is not “from any personal fear of such consequences, but I think that the illfeeling which exists against me there would be a serious obstacle to the efficient performance of my duties. My being sent there will be looked upon as a challenge to the friends and sympathizers of the families connected with the outlaws”; that is a challenge to come and assassinate you?— Yes, I believe it would be.

8359 Is not the murder of the police at Wombat considered a dastardly assassination, that the men had not a show?— No, they had not.

8360 Is there anything to prevent them assassinating you, if they were the same ill-disposed people at Greta, with the like impunity?— There is nothing to prevent them.

8361 Nothing to prevent their going behind a tree and shooting you if you were there?— Yes.

8362 Was not that place at that particular time a place of particular danger from the barracks being in the public-house, where the public had access at all hours up to a certain hour of the night?— It was so looked upon.....

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