Royal Commission report day 31 page 11

From KellyGang
Jump to: navigation, search

previous page / next page

The Royal Commission evidence for 16/6/1881

(full text transcription)

(see also introduction to day 31)

[[../../people/peN_P/nicolsonPAC.html|Charles Hope Nicolson]] 'giving evidence'

12056 Supposing, now, that you were to seed a man of yours to do duty in a private capacity with another gentleman, and told your man to obey “Mr. Brown's” directions, would you consider he would be bound to obey “Mr. Jones's” orders without being specially informed of it?— It depends upon circumstances. In the police force, if a man is specially sent up to a district to perform a special duty, he is placed under the superintendent of the district.

12057 By Mr. O'Connor— was not a member of the Victorian police?— No.

12058 By Mr. O'Connor— Did you ever doubt but that I was an officer of this force; did you always look upon me as an officer of this force?— No, I did not; I looked upon you as an officer of the Queensland force attached to us.

12059 By the Commission— And subject to the orders of the Chief Commissioner?— Yes.

12060 And if he had any orders to give, I think he should have said, “Mr. Nicolson, Mr. O'Connor is under your instructions; tell Mr. O'Connor of that”?— There is no evidence of that.

Mr. O'Connor — I consider if Captain Standish wanted to do the thing properly he ought to have first asked me if I was willing to be under another man; but if he had done the thing properly, I was only under Captain Standish by my instructions.

12061 By the Commission— And the sworn evidence here is that he told Mr. Sadleir you were in an independent position, or over him?— [The Witness.] — I heard of that, and looked upon that as a mistake or an oversight of Captain Standish's; that Captain Standish had no right to do so, was wrong in doing so. I do not wish to reflect in any way, but I think it was a mistake.

12062 That he was acting outside the police regulations of Victoria ?— Yes, decidedly; that he bad no power to place Mr. O'Connor over Mr. Sadleir.

12063 Would it not lead Mr. O'Connor into a false position?— Yes, it might; but I understood on that occasion Mr. O'Connor quite understood the matter, and waived the right of command to Mr. Sadleir—in fact, took no notice of it.

12064 As a matter of courtesy?— Yes, courtesy as between two gentlemen.

12065 The next passage is “He was still to report himself in every particular”?— I do not see anything to object to in that.

12066 From that you consider he was serving in a dual capacity, for the time being in the police force here while he remained an officer of the Queensland force, and could be recalled at any time?— Yes, could be recalled at any time.

12067 Does that indicate that he was to keep himself in communication with his Government?— Yes, with the Chief Commissioner of Brisbane .

12068 Does that indicate that he was absolutely under control, and never left the Queensland department?— Decidedly. “He will also from time to time, as opportunity occurs, communicate with the Commissioner of Police, Brisbane.” If I were sending an officer or man to any neighbouring colony on similar duty, that would be one of the conditions.

12069 Read the next?— “He will look carefully after his troopers, and be particular about their arms and ammunition—see that they are properly clothed and fed, and are always in the charge of either himself or the senior-constable.”

12070 If Captain Standish gave an order contrary to that, would he not be bound to obey that instruction in preference to Captain Standish?— Yes, but Mr. O'Connor's duty first would be to obey that order of Captain Standish's, and report it to the Commissioner at Brisbane.

12071 Even though he had distinct orders?— “Should it become necessary to form two parties, the sub-inspector is to take one, and the senior-constable the other.”

12072 Now, if Captain Standish ordered a second party to go out with Mr. Sadleir, without either Mr. O'Connor or his sergeant, what would Mr. O'Connor be bound to do?— Well, this is the order to Mr. O'Connor, that if it is necessary to form two parties, he is to take one and the senior-constable is to take the other—Mr. O'Connor and his senior-constable were never to part with the command of the trackers.

12073 My question is, if Captain Standish ordered two of the black trackers to go out with Mr. Sadleir or any one else, would Mr. O'Connor be bound to obey that order of the officer so given, or would he be bound to obey that written authority?— The same principle that I spoke of before applies to this. He would be bound to obey that order of Captain Standish's, and to report it to his Commissioner; that is the principle laid down in discipline—a man must obey every lawful command of his superior, and, if he is not satisfied with it, he can report it—obey first and report it afterwards, never disobey it; of course a lawful command may disobey an unlawful command.

12074 Would not that be given by an unlawful authority?— No, an unlawful command is something against the law.

12075 What is the next?— “Sub-Inspector O'Connor must recollect that he merely goes as an assistant, that the conduct of affairs is entirely in the hands of the Chief Commissioner and his officers, and therefore that in obeying any orders given him he frees himself from responsibility for anything beyond his own acts.”

12076 Does that not put him completely under the control of the Victorian authorities?— Yes.

12077 Having read that, was that the position, in your opinion, that Mr. O'Connor held the whole time you were there?— No, that must have been modified, because Mr. O'Connor had received communications from his Commissioner that his men were not to be parted from him, and not taken from under his command.

12078 By Mr. O'Connor— But, nevertheless, did I not assist you in every way I could with my men, in fact, lending you men to go out on ordinary duty?— Yes, after that conversation I had with Mr. O'Connor, that he alludes to, I had the use of the trackers in any way I desired..

12079 By the Commission— Did Captain Standish, to your knowledge, directly or indirectly, hold out any hopes to Mr. O'Connor that if he chose he would be retained in the Victorian police?— Only from that interview I had with Captain Standish in the first instance I have told you of, and what I was informed of by Mr. O'Connor and by Mr. Sadleir corroborating it. That was merely hearsay—nothing from Captain Standish beyond what I have already told you of, in my interview at Benalla.

The witness withdrew.

Adjourned to Tuesday next, at Eleven o'clock .

[see report [~[of proceedings 16/6/1881]|6302]~]

see next day

21/ 6/1881 ....

Previous page / Next page


 ! The text has been retyped from a microfiche copy of the original.

We have taken care to reproduce this document but areas of the original text may been damaged.

We also apologise for any typographical errors.

The previous day / next day . . . Royal Commission index