Royal Commission report day 51 page 16

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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

17369 By the sheet where were you on the 1 st?— I see it is marked here that I was at Wangaratta on the 1st and 2nd.

17370 Look at that sheet: where were you on the 3rd November?— The 3rd is Sunday. I was at home.

17371 The 4th?— Wangaratta on the 4th and 5th, and left Wangaratta on the 6th at mid-day.

17372 Can you remember where you were on the 28th and 29th of October?— Travelling between Merriang, across the Buffalo , over Black Hill, and down through the King River. I cannot swear to this statement, as I kept no record of them except what I just remember.

17373 Do you remember when you first heard of the police murders at the Wombat?— A man named Senior-Constable James brought a telegram down to my rooms that I lived in, in Beechworth, and gave the particulars of them—that I can recollect distinctly.

17374 As the murders took place on the 26th October, and you were at that place on the 28th and 29th, and you were in Wangaratta from the 1st to the 6th, you could not have been prior to the 6th on any search party in the direction of Yarrawonga. Is it possible for you to have been there between those dates?— Certainly. I was continually on search parties.

17375 How could you be on a search party when you were every day in Wangaratta?— All that I can say is that I went down to Wangaratta then, and I gathered a party then and there and started. I think I telegraphed to Mr. Sadleir from there and started to Merriang that night, and from there across the Black Hill. When I got to Merriang I received a communication from Mr. Nicolson , saying he was in charge of the district.

17376 Was it possible for you to have been with any search party beyond what you have described on the 28th and 29th, between that time and the 6th?— Yes, certainly.

17377 Where?— On the road to Yarrawonga, I believe.

17378 Did you go to Yarrawonga before the 6th of November?— I cannot say that.

17379 Was it possible for you to have gone before the 6th when you were every day in Wangaratta according to the record sheets?— I did not see that in the record sheets at all.

17380 You admitted you were there on the 1st, 2nd, 3rd, 4th, and 5th, and left on the 6th?— I do not think so; they speak for themselves.

17381 That is what the sheets show. You have seen them, and admitted that on certain days you must have been in Wangaratta —now was it not on or after the 6th that you went with the search party to Yarrawonga?— As far as I recollect it was not, it was earlier. As soon as ever I returned from Oxley, wet through, I was going to my room, and I stopped in my room, but I was sent for, and was sent to Yarrawonga.

17382 The evidence of Johnson is that on the 6th November you started in charge of a party from Wangaratta to go to Yarrawonga —you stated also that the reason you did not resume duty earlier in the morning after you returned to Wangaratta was in consequence of the very severe fatigue you had suffered for a few days prior?— Yes.

17383 Was it possible you were suffering from severe fatigue when you had been in Wangaratta five days and a half doing ordinary duty?— I was not.

17384 You have admitted it?— I do not admit anything. The documents are there. You must remember all this time there was a superior officer over me.

17385 That is not the point. You excuse yourself in consequence of severe fatigue?— I do not think I have to excuse myself in the least degree.

17386 You said the reason you did not start with your party at four o'clock in the morning was in consequence of your being knocked up because you had undergone severe fatigue just before?— That is quite true.

17387 Then I ask whether that is likely, seeing you were in Wangaratta for five days and a half before you started with Johnson?— It was not five days and a half before.

17388 How many days were you?— Two days and a half.

17389 Look at the record sheets?— I cannot help that. I did not sign it. I simply tell you a positive fact—that my evidence is as straightforward as it possibly can be.

17390 You said the sheets would show. Are you prepared to say you were not there those day —I am not prepared to say that, and I do not think it is a fair question to ask me.

17391 Not after seeing the record sheets?— No.

17392 We want you to give the reason how this fatigue was a justifiable excuse. Have you any reason to doubt the correctness of the records that have been produced?— I have not seen them before. I think it is improbable that there would be anything incorrect.

17393 Might they not be taken as infallible evidence?— I believe they are perfectly true.

17894 You said if you had the record sheet that you could tell exactly where you were on certain days?— I believe it would.

17395 Now the record sheets point to the fact that you were five days in Wangaratta before the 6th?— Yes.

17396 That being so, do we understand that those record sheets are true?— I have no reason to doubt them, but I am perfectly certain I was not five days in Wangaratta.

17397 In the record it says your horse was kept in the stable on those five days. Do you say you will be bound by the occurrence book kept at Wangaratta?— I have not the least objection to do that.

17398 Do you believe these are correct copies of the book kept at Wangaratta?— I do, indeed believe it. I cannot conceive it possible that the men could make a mistake.

17399 You will accept them then?— I cannot say that. I will find out where I was on those days

17400 How can you find out?— Only by endeavoring to recollect. I think I could almost draw out the whole. It will be well for you to look over this statement of Johnson 's, and be well prepared with replies to-morrow morning. We will postpone your examination till eleven o'clock to-morrow morning.

The witness withdrew. ...

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