Royal Commission report day 6 page 2

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The Royal Commission evidence for 31/3/1881

(full text transcription)

(see also introduction to day 6 )

Francis Augustus Hare giving evidence

1246 What Constable Kelly is that?- He has never been mentioned-Foot-Constable Kelly, from the Brighton station, and he is at Brighton now. This made three men at Avenel-that is the senior constable in charge, a mounted constable, and the one I sent up. On the, 7th of December 1878 I sent the following telegram to Sergeant Purcell, "Send one of your plain clothes men to Nagambie for same duty there, and send Constable Byrne" (he was in charge of Nagambie) "copy of instructions you got from me." That same day Sergeant Purcell sent one of the three men to Nagambie, Constable Burton was his name, with a copy of my memo., dated 30/11/78, that made three men-a senior constable, a mounted constable, and this man, made the three men at Nagambie; these were the three next townships adjoining in the North-Eastern District.

1247 Avenel being the next bank township adjoining Euroa?- Yes. "Depot, 26th November 1878 Memo. -Information has been received that the Kelly gang contemplate sticking up one of the Seymour banks, and I have thought it advisable to send up three foot constables for duty in the streets of Seymour. One should always be on duty in plain clothes, with instructions to keep a watch upon the banks, especially the Colonial Bank, which could be easily robbed." My reason was that the Colonial Bank is situated some distance outside the town, some distance from the people, and could be easily robbed on account of its isolated position. "It would be advisable not to let the public know that these men are constables, otherwise a statement to that effect might be inserted in the local newspaper. I have arranged that Sergeant Purcell's case should be heard at the General Sessions the first thing on Monday morning, so that the sergeant may be able to return the same afternoon. I think it would be advisable that S. C. Gilfedder should remain at Seymour during Sergeant Purcell's absence, and the constable at Seymour be sent to Tallarook, Sergeant Purcell will therefore give instructions accordingly. The managers of the local banks had better be cautioned to be on the alert, in case the rumors circulated may be true. -FRANCIS HARE. P.S. -It would be advisable not to let the public know that these reports are going about; it will only cause excitement which may do considerable harm. -F. H."

1248 Are you quite certain Captain Standish told you he had received information about the bank being stuck up?- Undoubtedly, and from Superintendent Nicolson.

1249 Not from Mr. Green?- No; I never heard anything about him till the last seven or eight months that he had anything to do with it.

1250 Where was Mr. Nicolson at this time?- In charge of the North-Eastern District.

1251 And Mr. Green is an inspector, is he?- An inspector in the city.

1252 Was Mr. Green inspector in the city in your district?- No.

1253 Who was he under?- Under Mr. Winch. About twelve noon on the 12th December 1878 I received a telegram from Captain Standish (I was in Captain Standish's office, he being up the country), and the clerk handed me in a telegram directing me to report myself with horse and accoutrements at Euroa that night.

1254 Where was the telegram dated from?- From Euroa. I left Melbourne by the train between two and three o'clock. I met Captain Standish and Mr. Nicolson at Euroa, and there was a number of police there. Captain Standish wanted me to go out that night with a party of police in search of the Kelly gang. I told him I knew nothing of the circumstances of the bank robbery, except what I had seen in the papers, and I thought it unfair, without making some enquiries myself, to be thrust into such a position; and as two days had elapsed since the robbery, in all probability the outlaws would be 100 miles away by that time. I did not care about rushing into the matter without making some enquiries into the circumstances of the case myself, besides which I told him I was not at all well at that time. I did not feel fit to go out. Had I wished to shirk the duty, I could easily have got a medical certificate from any doctor in the colony so to state. But still I went up to Euroa on this Kelly business. The party of police started off next morning into the Strathbogie ranges under Senior-Constable Johnson; he was a fine plucky fellow. I did not know what their orders were, but I think Mr. Nicolson started them. I did not get up and see them start. I did not see anything of them again, but they remained away for six or seven days, and then reported themselves at Benalla without finding any trace of anything.

1255 To whom?- To Captain Standish and myself and Mr. Sadlier, we were all working there together. I then set to work to gain a knowledge of the men; there were a great number of them strangers to me.

1256 The constables you mean?- Yes, the constables under me, and also the district. I obtained general information as to what had been going on since the murders at the Wombat; I conversed with every member of the force I came across to find out their opinions on matters, and what men I thought fit to take charge of parties. Sometime afterwards I selected three very good men, they were constables, and I asked Captain Standish to give them the rank of senior-constable, which is similar to the rank of corporal in the army, so that they would not be of the same rank as the men they tools out.

1257 What would be the increased pay?- Sixpence a day; at that time there were no vacancies in the force for senior-constables, but they were to be put on permanently as vacancies occurred. Under this arrangement they would have control over the men. Captain Standish complied with my request, and the next day constables Johnson, Mullane, and Flood, were appointed senior-constables....

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