Royal Commission report day 51 page 14

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The Royal Commission evidence for 8/9/1881

(full text transcription)

(see also introduction to day 51)

Insp Brooke Smith giving evidence

17327 Then he says, “We did not leave Wangaratta till after nine. What was the reason of the delay?— Waiting for Mr. Brooke Smith . Where was he?— He was in bed. Do you mean to say he would not get up?— I called him at four. Did you call him again?— I called him about six. Did you call him again?— No. Was he ill?— I am not aware of it. Was he fit for duty?— I do not know. What do you think?— It is hard to form an opinion. He was in bed. Did he get up at nine?— I saw him about half past eight .” Is that so, that the party were detained so long, although they were on the tracks, before they could get out from Wangaratta that morning?— I do not think that Johnson's recollection is very good, but I must give him the greatest credit from the time he followed those tracks after he struck them. He and a young man named Dixon , who I joined on to the party-those two ran those tracks splendidly, no black trackers could beat it. They ran them right away close on to the Orangery there and round the ranges, until they lost them in a large sheep-fold and could not trace them again, and even the following day they picked them up. I cannot speak about the date, the books are not here.

17328 “How far did you get on the tracks that night beyond where you had been on them the night before?— On the Taminick station-about 15 or 20 miles.” Before we go any further, we want to know if you can remember what was the cause of your delay in Wangaratta till nine o'clock?— Simply being utterly tired and wet-wet through that day that I came back (if you refer to that telegram). I had been wet through for nearly forty-eight hours before I wrote that. I came in and I had to start off that very Yarrawonga you are speaking of.

17329 But this was written on the 4th?— On the 4th I started to Yarrawonga. It must have been before I got dry I started.

17330 It cannot be so according to Mr. Nicolson 's statement?— I have not seen that.

17331 And Johnson says you started on the 6th?— That is another one altogether-a different trip altogether—that is after I came back from Yarrawonga, after I had come through Lake Rowan; after I had despatched Kennedy from Lake Rowan I came back, and then I had to go out again. I left my station, Beechworth, on the last day of October, and got a party together without permission ( Mr. Nicolson had not then arrived), and I started up to Merriang, and then from there went across the Black Hill, and from there came down to Yarrawonga. It cannot be as you state.

17332 You remember the constable telling you that this woman had made a statement to him about the people upon the bridge?— Yes.

17333 You went a telegram on the 4th to Mr. Sadleir stating you could verify that information?— That is another matter altogether.

17334 It is the same woman's name, Delaney ; was not that the name of the woman living at the bridge?— No, another party altogether.

17335 The constable did come to you?— I admit Walsh came to me.

17336 Did Twomey come to you?— I do not remember that. He might be able to bring it to my mind.

17337 What were you doing on the day before. You went out with Johnson on the 6th?— Staying at home.

17338 But the day before that. You must have been there on the 4th?— The books will tell. I cannot tell. We had no police there, I believe.

17339 There is a long telegram from you on the 4th, so you must have been in Wangaratta on the 4th?— I would like to see the question as to how this arose.

17340 I want to know what you were doing all those days. You were so hard pushed before the 6th—[reading the telegram again]?— That is very straightforward.

17341 The point is where you were the day before?— I cannot remember that. I know I had not a party on that occasion.

17342 If it was proved that you were in Wangaratta on the 3rd, and not out on a search party, would that show that your memory is defective?— My memory is not defective. The occurrence book would show. I do not think my memory is defective. The object of the occurrence book is to prevent persons being defective, and if you send for that book you will find whether I was there or not.

17343 You had this evidence sent to you?— Yes.

17344 You have had time to digest it, and all the incidents referred to in it you could have compared with the occurrence book?— No, I would not dare to send for the occurrence book. It would take you to send for that.

17345 Where is it?— Up in Wangaratta.....

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