Royal Commission report day 4 page 8
The Royal Commission evidence for 29/3/1881
(see also introduction to day 4)
Assistant Commissioner Nicholson giving evidence
1018 Was that communication in writing?- Yes, I extended this practice all through the North Eastern district, allowing a certain amount of ammunition to be used in that way in every station in the district. I also instructed the men myself how to attack the offenders if they should ever come in contact with them either in a house or in the bush. I also taught them that they were to dismount if on horseback. and how to fire their rifles. They were to dismount, and how to do so; never to fire off the horse's back. Anyone who takes an interest in those things will know that it is an axiom introduced in all the late wars never to fire a ride off a horse's back. It is admitted as a general rule that a man cannot shoot with accuracy off a horse's back; of course the very heaving of its flanks would prevent that. I directed them also how to approach and engage with these men-a very simple matter. I just told them, keep twenty yards from each other, the leader and two or three men in front, the other two or three men under the senior constable to run up at right angles in this way-[describing the same by gesture]-driving them along by degrees till they close in on them and rush them. I was inspecting the Beechworth district in 1877, the year before the murders.
1019 What constable was there then?- Mounted Constable Thom. This is my report of the man in charge at Greta.
1020 Is this the station where you drew attention to the necessity of having an efficient man at Greta?- Yes. Mounted Constable Hugh Thom, 2372, about eighteen years' service, "32 years of age, intelligent but not smart looking, soiled dirty jumper, dirty breeches, and a crushed uniform hat, beard untrimmed, his arms clean and serviceable. Mounted Constable J.J. Hays, about 24 years of age, five months' service, intelligent, and promising looking, but not so smart and clean looking as when he first arrived from the depot; the example of his superior officer, Constable Thom, in that respect has evidently not been improving to him-arms clean and serviceable. I may tell you now that Mr. Hare has had the most efficient men in that district.
1021 May I ask are those specimens of the usual reports you make?- Yes, the usual reports.
1022 Could you, without inconvenience, get the report made on that station prior to Thom's coming there?- Yes. That would be not by me, but by the Inspecting Superintendent of the day.
1023 What action was taken on your report?- This man Thom was removed and another man put in his place.
1024 Not for a long time afterwards?- I cannot say. I visited the notorious Mrs Kelly's on the road from hence to Benalla. She lived on a piece of cleared and partly cultivated land on the road side, in an old wooden hut, with a large bark roof. The dwelling was divided into five apartments by partitions of blanketing, rags, &c. There were no men in the house, only children and two girls of about fourteen years of age, said to be her daughters. They all appeared to be existing in poverty and squalor.
1025 What is the date of this?- April 1877 "She said her sons were out at work, but did not indicate where, and that their relatives seldom came near them. However, their communications with each other are known to the police." This is important. "Until the gang referred to is rooted out of this neighborhood one of the most experienced and successful mounted constables in the district will be required in charge at Greta. I do not think that the present arrangements are sufficient.
1026 Whom was that sent in to?- The Chief Commissioner of Police. This is one of my "twaddling reports" "Second class Sergeant Steele, of Wangaratta, keeps the offenders referred to under as good surveillance as the distance and means at his command will permit."
1027 Will you fix the distance from Wangaratta to the Kellys' house?- I should say about 16 miles.
1028 And how far from Greta to Mrs Kelly's?- About four-under four miles. "But I submit that Constable Thom would hardly be able to cope with these men; at the same time some of these offenders may commit themselves foolishly some day, and may be apprehended and convicted in a very ordinary manner." This was the cause of my instructions to the police generally; and I had expressed my opinion since that to the officer in charge of that district, that without oppressing the people, or worrying them in any way, that he should endeavor, whenever they commit any paltry crime, to bring them to justice, and send them to Pentridge even on a paltry sentence, the object being to take their prestige away from them, which has as good an effect as being sent into prison with very heavy sentences, because the prestige those men get up there from what is termed their flashness helped to keep them together, and that is a very good way of taking the flashness out of them.
1029 In making a report of that description, did you ask Thom had he made them amenable to justice lately, for instance, the members of that family, the -?- I did.
1030 What was his reply?- I forget.
1031 It was sufficient to induce you to make that report, that a man should be sent to keep them under control?- Yes. ..
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