Royal Commission report day 36 page 8

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The Royal Commission evidence for 6/7/1881

(full text transcription)

(see also introduction to day 36)

[[../../people/peD_G/fitzpatrickAPC.html|Const Alexander Fitzpatrick]] giving evidence

12897 How often?— I could not tell you how many times, but they were very trifling offences. I was charged with merely laughing in the depot–the hospital–after the lights were put out. I was fined five shillings. Then Mr. Hare said, “I will keep you in my district.” I was in the hospital then with my leg severely injured. (JJK)

12898 Did you plead guilty to neglect of duty during the three years?— Yes, for missing the train once or twice in Sydney .

12899 Are you aware that the Inspector-General of Sydney wrote to complain of your misconduct in Sydney ?— Yes.

12900 Were you charged with being in a house at unlawful hours when you had no business there?— That was in Lancefield. The charge was not proved.

12901 Were you charged with being at night on the premises of Morris Casey?— Yes.

12902 And causing trouble and annoyance to his family?— That was preferred against me, but I pleaded “not guilty,” and there was no finding at all.

12903 Those are all the charges during the three years?— Yes; there were a lot of charges brought against me, but they really amounted to nothing. Superintendent Hare said he would keep me in his district, and put me under a hard man that would watch me night and day. He accordingly sent me to Lancefield, and the first charge against me there was neglect of duty at Lancefield, being reported by Senior-Constable Mayes.

12904 What was Senior-Constable Mayes's charge against you?— For neglect of duty.

12905 And what else?— I am speaking of this one charge at present.

12906 What was the nature of the neglect?— There was an assault, one swagman struck another, and the swagman came and asked me to arrest this other man. I was in uniform at the time, and I declined to arrest him as I did not see the assault committed; and I said, “If you swear an information and get a warrant I will arrest him, or if you give him in charge and sign the sheet I will arrest him.” He would not do either, and came and told Senior-Constable Mayes I would not arrest him. Mayes sent a foot man to arrest him, and he was brought up and fined by a justice of the peace; and Mayes reported me to Superintendent Hare, and he referred it to Sub-Inspector Baber, of Kilmore, and he came over and heard the case; and as far as I remember the minute on the charge exonerated me from all blame. That is one of the charges that has been brought against me.

12907 Mr. Hare had nothing to do with bringing the cases before the court?— I was heard by the police officer of Kilmore–Sub-Inspector Baber. It was heard at the police station at Lancefield.

12908 Did you say the constable at Lancefield, Constable Mayes, charged you with keeping company with undesirable characters?— So Captain Standish told me.

12909 Did he tell you the Chief Commissioner of Police in Sydney charged you with associating with improper characters?— No, he did not tell me that.

12910 Did you ever hear of that before?— No; that is the first I heard of it about the Inspector-General of Sydney . To the contrary of those reports of Senior-Constable Mayes, there are petitions of 200 respectable citizens of Mansfield and Romsey, and nine justices of the peace asking for my reinstatement.

12911 Where was that sent?— Through Mr. Deakin, to be forwarded to the Chief Secretary's office, and there was a formal acknowledgment sent to say the petition had been received.

12912 That was about the time you were discharged from the force?— Yes.

12913 How long were you in Lancefield?— Nine months. In connection with this Kelly affair, through my being mixed up with them, it has damaged my character greatly, and gained me a great many enemies in the working class whom I have had to mix up with on the Lancefield line and other places. When I went to Mr. Robb first “ they swore vengeance on Fitzpatrick” –that he was the prior cause of driving the Kellys out. Many did not believe my statement a single word.

12914 Were those people sympathizing with the Kellys?— They repeatedly stated what they would or would not do to me. I was six months thrown out of employment after I was thrown out of the police force, and I had my mother, and wife and child to support, besides myself. It was very hard. I had not a chance to defend myself against any charge. I am out with Mr. Falconer at present, railway contractors.

12915 Were you never told in Sydney , by any officer of police there, that they complained of your conduct?— I was.....

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