The Argus at KellyGang 28/3/1881 (2)

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Nicolson giving evidence

As time wore on, the quietude of the police was noted, and some people believed that the police were afraid of the out- laws. This was towards the end of 1879. On September 29, 1879, I received a telegram from Mr Sadleir stating the Kellys had been seen by a man. He was at Wangaratta then. Sadleir came down and told me he had not brought the man, because he believed he was quite able to lead me himself to the place where the man had seen the Kellys. Found however that Mr Sadleir's knowledge of the place was vague. The outlaws seen had been on foot. I concluded that before we could pick up the tracks we should be discovered by the numerous sympathisers about. Sent a letter to Captain Standish explaining the matter and that I did not think it advisable to follow up the tracks and disturb the sense of security into which the outlaws had been lulled. Considering the success of the system I was then following, I was determined not to throw away the chances of securing the outlaws by risking an alarm and frightening them away, and perhaps losing the run of them for months.

It was often supposed that I was trying to form a cordon to surround them. Never attempted to do such a thing, except as regarded secret agents. On the contrary, I had very strong reason to apprehend that, if we startled the gang with the knowledge that we had obtained information of them, they would move away eastward and go into New South Wales, into a very inaccessible district, and remain there until vigilance was relaxed, and then return and make another raid on the district. Determined to prevent them making any raid, and felt quite capable of doing so. Succeeded in that. Experienced police officers must have known that going out at night with mounted men on vague information into the bush was a most uncertain and in- advisable proceeding. If such a course was ill-advisedly pursued the search was likely to be fruitless and make a laughing-stock of the force.

On July 26, 1879, I found a camp of the outlaws between Chiltern and Beechworth on the ranges. It was in depressed ground along a creek and amidst some bushes. Saw the marks of their horses with ashes spread about. On removing some rubbish saw the place where the fire had been, and which they had carefully concealed. Reports came in of the gang stealing a number of mould-boards from ploughs. The first came in about February, 1880. Ned Kelly's armour is now at the police depot. Sent police out to inquire into the rumours. Such inquiry was principally in the hands of Senior-constable Kelly. Some footmarks were discovered, but the police could not discover who the offenders had been. The mould-boards were taken from several farmers within a radius of about eight miles. The foot tracks were described. One of the steps was that of a man with a small foot and brass heels on his boots. Received information that the outlaws were the offenders. Two black trackers went out on these inquiries. Other things, such as provisions, were stolen.

Subsequently heard the mould- boards were being made into armour. That was on May 20. The information was conveyed to me in a letter, the writer of which couched his meaning in language arranged upon. He assumed the character of an inspector of stock, and referred to the outlaws as diseased stock.

Letter put in, and read as follows:-

Greta, May 20, 1880. "Mr William Charles Balfour, Benalla.

"Dear Sir, –Nothing definite re the diseased stock of this locality. I have made careful inspections, but did find (sic) exact source of disease. I have seen and spoke to— — and — — on Tuesday, who were fencing near home. All others I have not been able to see. Missing portions of cultivators described as jackets are now being worked, and fit splendidly. Tested previous to using, and proof at 10 yards. I shall be in Wangaratta on Monday, before when I may learn how to treat the disease. I am I perfectly satisfied that it is where last indicated, but in what region I can't discover. A breakout may be anticipated, as feed is getting very scarce. Five are now bad. I will post a note giving any bad symptoms I may perceive from Wangaratta on Monday, or Tuesday at latest, and will wait on you for news how to proceed on a day which I will then state, before end of the week. Other animals are, I fear, diseased — Yours faithfully, "BCW"

Witness continued – Had interviews with this informant and others from time to time.

Heard the outlaws were in the ranges, and that sometimes they were hid in the swamp at Greta. Heard many particulars as to their movements. They were generally accompanied by sympathisers, the number of whom, however, giving active aid was reduced to four. This was about May, 1880. When they travelled one or two of their assistants would always go ahead. The principal and most active of these sympathisers told the outlaws they must get some more money, that they must go and "do a bank."

For some time they were hid between old Tom Lloyd's and Wilson's paddock.  At that time the press called attention to disorderly conduct at the Glenrowan Hotel, which is about six miles from the Greta swamp. I had an agent near the Glenrowan Hotel, who reported to me what persons frequented the hotel. It was Mrs Jones's hotel where the gang subsequently came to an end. None of the outlaw went to Jones's hotel, but their sympathisers did, for the purpose of obtaining information. The effect of the notices in the press was to drive the out- laws from Greta. Ascertained that suspicious movements were taking place between Glenrowan and Lake Rowan.

One party of sympathisers was watched. One of them was Tom Lloyd, a cousin of the Kellys. The police watched them as closely as possible without discovering themselves. Kept a watch on the Lake Rowan country as well. Did not arrest Tom Lloyd then. He had previously been under arrest as a sympathiser. Soon after this I heard of Dan Kelly and Steve Hart calling at a man's house near Chiltern. They were described to me as being in a very emaciated state and asking for food .This was a few days after May 20. At this time I had received notice I was to be superseded. Received notice in April that I was to be superseded, but got a month's extension. Received information that the outlaws had been seen at Mrs Byrne's, at Sebastopol. Heard — had seen Joe Byrne. It was on May 26 that I heard of the appearance of Joe Byrne at Sebastopol. He was seen some days before that.

continued

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