The Argus at KellyGang 31/8/1881

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The Police Commission sat yesterday, and having reconsidered its decision to exclude the press whilst the principal officers were making their final statements, determined to admit the reporters. Captain Standish made a brief reply to the evidence of Messrs. Nicolson and O'Connor, which he said was full of gross inaccuracies. He contented himself with referring to only a few of these statements, and with giving them emphatic denials. He was cross-examined by Messers Nicolson and Hare, and the commission then adjourned until to-day at 11 o'clock .

POLICE COMMISSION

TUESDAY, AUG. 30

Present - Messrs Longmore (chairman), Fincham, Gibbs, Levey, Dixon , and Hall.

After some deliberation the commissioners reversed their decision as to reporters being excluded during the examination of the officers. The representatives of the press were thereupon admitted.

Mr Sadleir referred to the evidence given by Mr Winch, and objected to part of it being excluded from the printed records, pointing out that this was unfair, as the statements made were bound to affect the minds of those who heard them, whilst those against whom they were made were kept in ignorance of their purport, and were therefore unable to defend themselves.

The CHAIRMAN said the statements referred to were simply taken down in writing for the use of the commission. Mr Winch had asked that they should not be published.

Mr Sadleir made a formal application for the manuscript.

The CHAIRMAN refused to comply.

Mr Sadleir said he would bring the matter forward again.

Captain Standish said he had very little to add to the statement he made at the commencement of the inquiry. It would take him a month to comment on all the gross misstatements made regarding him by Messrs. Nicolson and O'Connor. He would therefore confine himself to three or four instances of the inaccuracies they had been guilty of. In one part of the evidence Mr Nicolson stated that the official relationship between them had been strained for about three years. In reply to that he had to say that up to the time of Mr Nicolson's removal by order of the Ministry, he (Captain Standish) always entertained the most friendly feelings towards him, and their official business was always carried on in a pleasant way. As for their private relationship, he hardly ever saw Mr Nicolson except on duty. Mr Nicolson had also said that it was owing to his (Captain Standish's) representations that the Government decided to remove him from Benalla, and to send Mr Hare up in his place. To that he gave a most positive denial. As he before stated, Mr Ramsay sent for him one day and told him that the Cabinet had discussed the question of Mr Nicolson's fitness for the Kelly duty, which he had been engaged in for nearly 12 months, and that they had unanimously resolved to remove him, and to send Mr Hare to fill his place. He (Captain Standish) had no more to do with that than any gentleman present.

When Mr Nicolson came to town he behaved to him (Captain Standish) in a most rude manner, and "cut" him dead in the street. Further, Mr Nicolson had said that in November, 1879 he reproved or remonstrated with him (Captain Standish) for talking to Aaron Sherritt before constables. Now the facts of the matter were that on the occasion referred to Messrs Nicolson and Sadleir were talking to a man whom he (Captain Standish) did not know, that either Mr Nicolson or Mr Sadleir then told him that it was Aaron Sherritt, that they had every hope he would assist them in the pursuit of the Kelly gang and that if he (Captain Standish) held out a promise to him that he would receive a substantial portion of the reward he would work for the police loyally. Mr Nicolson asked him to see Sherritt, and he consented. Mr Nicolson then took him over to where Sherritt stood.

There were many other misstatements which Mr Nicolson had made, but he would not occupy time by dealing with them all. It was just possible that loss of memory, which was very palpable in Mr Nicolson, might have induced him to make these statements believing them to be true. Mr O'Connor's evidence was really so beneath contempt that he would only offer a comment on one point. All his statements about him (Captain Standish) were utterly false. Amongst others which he made was this, that when he consented to go with his black trackers in pursuit of Sherritt's murderers, he asked Captain Standish for a special carriage for the convenience of his wife and sister-in-law. That was utterly untrue, and if he had made the request he (Captain Standish) would have refused it at once as he did not think a man sent on special duty should be accompanied by his wife and family. He observed that Mr Winch had amongst other things said that it was a well-known fact that he (Captain Standish) was for some years entirely under the control of Mr Hare. If they examined Mr Hare he would convince them of the utter falsity of that statement. Mr Winch had also said that shortly after he (witness) left the police he apologised to him (Mr Winch) for his coolness of manner during the previous few months. The true facts, however, were that immediately after he (Captain Standish) left the force he met Mr Winch at the club. Mr Winch followed him to his bedroom and began to cry. He said how deeply he regretted that any ill-feeling existed between them, and hoped that it would come to an end. Witness shook hands with him and said "Let by-gones be by-gones." Was aware that when he was in Benalla Mr Winch circulated some very unpleasant and untrue statements about him.

To Mr Nicolson - I adhere to my statement that you had information that a bank was to be stuck up in the North-Eastern district. During your first period in the Kelly district you galloped about the country without any object; the second time you displayed masterly inactivity. Remember Mr Hare having been offered an appointment in the New South Wales force, and advising him to remain here, as he might yet be chief commissioner of police in Victoria . Certainly never said to you that you might one day occupy that position.

To Mr Hare - Mr Nicolson was the senior officer present at the capture of Power, but you organised the party. Sir James M'Culloch directed me to send you out. Remember saying, “I leave you to make your own arrangements, and to take with you whoever you please. You took Mr Nicolson.  

To Mr Sadleir - In sending Mr Nicolson or Mr Hare into your district during the Kelly affair I did not consider that they superseded you. The ordinary duties of your enormous district were quite enough for you, but of course you always gave what assistance you could in the Kelly business, although your position was not that of the officer responsible for the capture of the gang. I always found you a very efficient officer.

The board adjourned until next (this) day at 11 o'clock