The Argus at KellyGang 28/3/1881 (3)
Nicolson giving evidence
On Saturday May 29 saw —, who told me she had seen, about three days before, Joe Byrne. My informant saw Joe Byrne come out of a calf pen, conversed with him, and asked what he was doing there. He replied,
"We could to anywhere if it were not for your sanguinary son." Had the place examined where Joe Byrne was said to have been, and his horse tracked to Mrs Byrne's, and then away again on to a road, where the track was lost amongst others. Hurried down on the Saturday from Beechworth to Benalla, first arranging for a party of four men to occupy a hut of Aaron Sherritt's, from which a view of Mrs Byrne's house could be obtained. These were not the constables that were in Sherritt's house when he was shot.
On Sunday I was working at the Benalla telegraph office. Also sent an agent to Sebastopol, and got a party ready at Benalla. During Sunday I received a communication that a man believed to be Joe Byrne had been seen by an agent in a gully near Mrs Byrne's house. After a consultation with Messrs Sadleir and O'Connor, I started by the early train from Benalla on Monday morning, with the trackers and five or six men. Reached Everton, and got out there. Met my agent and Aaron Sherritt, who had been employed by the police before I went up. Proceeded through the bush, guided by Sherritt, so as to avoid observation, and reached Crawford's paddock. Proceeded on foot until we came to the head of the gully. Sent two parties to search the gully on the banks, with Mr O'Connor and the trackers. I went down into the gully. My informant was with us. We found the trace of footsteps, but not in the exact spot where the man said he had seen Byrne. The trackers said they saw a track such as Joe Byrne would leave, but that it was that of a man driving a cow. Examined the whole gully and found nobody.
I had no doubt — had seen Joe Byrne, but I was doubtful whether the outlaw had gone to Mrs Byrne's. Immediately after that the outlaws went to the Lake Rowan country, and there they stole the horses which were found when the gang was captured. I saw Ned Kelly after his conviction, and he said to me," I hear you have been saying you surrounded us, and that we could not get away from you." I replied, "I didn't say we surrounded you, but you know very well you were starved." He replied,"Look at the horses we had." "But," I said,” you stole those horses in June." He assented, and seemed much surprised when I told him I had been relieved at the beginning of June. On the 1st of June I returned with several of the party to Benalla, sending some men through the Sebastopol country to Beechworth.
On June 2 I met Mr Hare, was relieved by him, and returned to Melbourne. That was my last connexion with the Kelly operations. Received orders to go then to the Wimmera country. On the day the gang was captured, I was away on the borders of the colony.
To the COMMISSION – At the time of the Jerilderie robbery I was in Melbourne. Captain Standish was then in charge of the North-eastern district. The particulars reached the office in the usual way. Was frequently informed that some of the notes supposed to have been stolen at Jerilderie were being circulated in Benalla, but they could not be identified. Frequently saw the Kellys' sisters making purchases in Benalla. They were generally on horseback, and bought things for their own consumption. Did not hear they bought tobacco. I did hear goods were bought at Ball's shop, Benalla, and paid for with New South Wales notes. An uncle of the Kellys used to buy stores which I believe reached the outlaws. Have heard of stores being bought at Benalla evidently intended for the outlaws. Two of the suspicious notes shown to me had an earthy smell. Heard while I was in the district from Aaron Sherritt, since deceased, of various appearances of the outlaws at Sebastopol and that Joe Byrne frequently visited his mother's house. Established in consequence a party of four, and placed them in a cave near Mrs Byrne's house.
This was about December 1, 1879. Warned them not to be surprised by, but to surprise, the gang. They had the assistance of Aaron Sherritt, and started at midnight humping provisions, &c. Mrs Byrne's a house was watched below by Sherritt, who was not in the cave. At night the party used to emerge from the cave warily, and take up positions apart to surprise the outlaws should they attempt to visit the house. Each week the party was relieved by another party. They used to return to the cave before daylight. Aaron Sherritt was instructed to conceal their tracks. When I reported this to Captain Standish he instructed me to remove the party at once. He told me the organisation of the secret cave party was known in the Richmond Police Depot, and was no secret at all. Remonstrated with him, and told him it was a secret in the district.
This was in December, 1879. Was then in full charge of the district. Captain Standish ordered the discontinuance of the party in writing. He issued other orders which were calculated to interfere with the operations of the police in the North-eastern district while I was in charge.
The CHAIRMAN – He said you had carte-blanche.
Witness – I can give instances. On August 4, 1879, while I was at Benalla, I remonstrated against a reduction of the police force in the North-eastern district. Things were constantly occurring to distract and annoy us in the district. I went up to the district in July, 1879. While I was there the force was never kept up to the proper mark. Sometimes invalids were sent up. Will look for Captain Standish's answer to my remonstrance of August 4. Captain Standish said my agents used to laugh at me. (Witness put in a letter with the object of showing he had treated one agent in a businesslike and considerate manner.) The North-eastern district was under Captain Standish when the sympathisers were arrested. When I last left the district I gave useful information to the officer who relieved me. Spent over an hour with him in the presence of Mr Sadleir and Mr O'Connor. Kept asking Mr Sadleir if there was anything else to mention.
While I was in charge of the North-eastern district Mr Sadleir was the officer immediately under me, and we were always and now are on the best of terms. He gave most valuable assistance and advice. At first my acquaintance with Mr O'Connor was very slight. He told me there was a disposition to leave him out of the way when anything happened, that Captain Standish did not treat him fairly in that respect. Told him that such conduct would be most improper. My relations with Mr O'Connor were most satisfactory subsequently. The men showed while I was there the best possible spirit. While I was there not one was brought before me for misconduct. It was only on one occasion, which I mentioned yesterday, that I had occasion to fid fault with the conduct of an officer. Was always a comrade of the men. On May 19, 1880, I wrote to Captain Standish, explaining my mode of operations and remonstrating against my removal, and stating that, with patience, success was a certainty. (Letter read.)
The commission adjourned until half past 11 am on Tuesday next.
end
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