Royal Commission report day 37 page 38

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The Royal Commission evidence for 20/7/1881

(full text transcription)

(see also introduction to day 37)

SConst Patrick Mullane giving evidence

13746 Did you see the men on that night — were you speaking to them then or the following morning?— Do you mean the cave party?

13747 Yes?— They came in that night, but whether I spoke to them then I cannot say. I saw them the following day undoubtedly.

13748 I went to Benalla in the morning?— I would not be certain—I could not say.

13749 You remember receiving a telegram from me?— I do; that is the telegram I refer to.

13750 Do you remember what time I came home to Beechworth?— The mid-day train, 2 20.

13751 Do you remember what you said to me just as I entered the office?— I gave you the reports and I told you, I think, that it was strange that those men would not give this information before, or something to that effect.

13752 Did you not tell me it is strange those men have not given this information to us before, if they knew anything about it?— Yes; I thought it very strange I did not receive any information about it.

13753 Did you not say, “Those are the men you have always been quarrelling with me about”?— Yes. You wanted more kindness than I could give; you wanted me to be kinder to them than I could possibly be in the treatment of them when they came to the station. I was against their going out rambling about the street, and I made them observe more discipline than you thought fair to the men.

13754 Did I not ask you on several occasions to allow them more liberty at night, on account of the duty they were doing?— Yes, and at all other times as well—more than I would give them.

13755 On that account was there any of those men on bad terms with you, and if so who were they?— I was not on good terms with Falkiner at the time.

13756 Any other?— No.

13757 What was the cause of your bad terms?— From many transactions about the station. He was more inclined to lead the men away, and not so well inclined to observe the discipline I wanted observed on the station. For all that, I may say the man is a good one.

13758 What is your opinion, whether, when you called for the reports, was it through a little quarrel that was between them that they gave those reports to you or through an honest legitimate knowledge of anything being known?— I could not say that.

13759 Tell me the exact words that Mr. Nicolson said as to what he wanted the reports for?— When I showed the reports you said those were not the reports required, and those required were for the purpose of making a good entry in the men's record sheets.

13760 Do you remember when Falkiner was leaving, Falkiner and Barry coming to the office door, you and I in the office sitting?— I cannot say that I do.

13761 Do you remember Falkiner saying he would send me a report?— Yes. Falkiner did not send his report until next day.

13762 Do you remember my telling him to send it next day, that if he did not it would be too late, that I should send in my reports to-morrow?— I cannot remember that; it is a long time ago; but I know for a fact he did promise to send a report from Benalla, and that he did so.

13763 By Mr. Nicolson — Had you occasion to bring any of those men, Falkiner or Barry , before me at any time — did I ever admonish or reprove them?— No; I am confident that neither of those men was brought up.

13764 Had you any reason to shield or hide from me anything whatever that was going on wrong in connection with this cave party or anything else?— I had no reason and nothing to shield.

13765 Were you not in the habit of speaking freely?— I was.

13766 The men too?— They had an opportunity.

13767 Was I not on as good terms as an officer could be with those men when I visited the station?— Nothing would lead me to infer anything else.

The witness withdrew....

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