The Argus at KellyGang 8/12/1880 (2)
It was his desire that every officer should have fair justice done him for the action he had taken. He had called the attention of the acting chief commissioner to the article which had appeared recently in a newspaper, and as he had thought it probable the matter might be referred to in the House, had asked if he desired to make any statement which might be repeated in the House. The acting chief commissioner had, wisely, he (Mr Berry) thought, declined to anticipate the inquiry, and had written the following letter on the matter: -
[Memo ]
"With reference to an article in the 'Age' news paper of 4th inst entitled 'Reasons for an Inquiry' Into the conduct of the police in pursuit of the Kelly gang, I beg to inform the hon the Chief Secretary that so far as I am concerned I am most anxious for the fullest inquiry into my conduct while in pursuit of the Kelly gang and otherwise; but I do not intend to enter into any controversy with any person or newspaper, which would anticipate the explanation of my conduct which has to be Inquired into by the Royal Commission about to be appointed -C H NICOLSON, Acting C C of Police".
Now he thought that was a very good letter, and it ought to end the present discussion. The Government would at the very earliest date appoint the commission, and only take such time as would enable them to appoint a proper one.
Mr NIMMO thought the case of Mr Curnow, the schoolmaster, ought to be taken into consideration.
Mr BERRY -There is a board appointed to consider the reward, and the case of Mr Curnow is in their hands at present.
Mr CARTELR asked the Chief Secretary if he had given the acting chief commissioner reason to consider that his appointment would be made permanent if he put down Sunday trading.
Mr BERRY -No
Mr CARTER...
Mr M'KEAN expressed an opinion, that when the Kelly reward was distributed Constable M'Intyre ought to get a large share.
Mr WOODS….
Mr WRIXON ….
Mr M COLL…
Sir BRYAN O LOGLHEN….
Mr OX …..
Mr DOW ….
Mr BOWMAN ….
Mr MURRAY SMITH….
Mr. W M CLARK ….
Mr SHIELS ….
Mr MACGREGOR …..
Mr LEVIEN said anyone who had had much business in the police courts must be aware that the police frequently made charges without the smallest foundation Police magistrates as a rule were too anxious to commit for trial
Mr GRAVES said that the officer who was in charge at the capture of the Kellys was no acquaintance of his. He had never spoken to him until he thanked him for ridding his district of the outlaws. The Chief Secretary having promised that an investigation would be made, he would not enter into details on this occasion, but he desired to say that he had been desirous of an inquiry from the first because he differed from the tactics which were pursued. When outrages were committed in a district, the officer in charge ought to be held responsible, or ought to be re- moved and replaced by another, but it was injudicious to send an additional officer into the district and to increase his salary whilst he was on duty there. A great deal of blame attached to the Government for so long allowing extra pay as they had done, for although he would not say it delayed the capture of the outlaws, yet it certainly did no increase the anxiety of the officers to effect their capture. At the inquiry it would be shown that this had a great deal to do with the long continued immunity of the murderers. He observed that in the changes which had been made in the force only the number of the men had been reduced, whilst the officers remained almost as before. He held that there were too many officers, and that to dismiss a few of the men was false economy...
Mr BERRY …..
Sir BRYAN OLOGHLEN …..
Mr BERRY ….
Mr LONGMORE …..
Sir CHARLES MACMAHON thought it would have been infinitely better if the discussion had closed before the hon member for Ripon and Hampden spoke, and took the opportunity of casting a stigma on a brave man who performed his duty in a brave manner. Had Mr Hare's case been brought before the House three months ago, there would have been a unanimous vote passed to mark his conduct but time had now elapsed, and people who lived in comfortable houses and slept in comfortable beds unexposed to the desperate risks the police had to face, now ignored the brave conduct of the police. A man had risked his life in the performance of a most dangerous duty, but that was now considered nothing. He was maimed for life-that also was now nothing. The Chief Secretary had said with reference to him, that he could not understand why an officer should hesitate to perform a duty cast upon him. He (Sir Charles MacMahon) could tell him, however, that Mr Hare never hesitated in the slightest degree. He only did not wish to appear as superseding his superior officer, as he had done on a previous occasion. On that previous occasion he was selected to capture Power-a man who had been able to defy oil the other officers. He was faithfully promised then by Sir James M'Culloch that if he succeeded, he would be promoted. He did succeed, and although the other office's under him were promoted, he was not. He had been asked by his superior officer, Mr Nicolson, as a personal favour to act over him as a subordinate, and Mr Nicolson, who did act as a subordinate on that occasion, was promoted along with the other subordinates concerned. At his (Sir Charles MacMahon's) instance, an extra £100 was certainly added to Mr Hare's salary, but it had now been struck off. This was a strange way of rewarding an officer for performing his duty in a proper manner. Being connected with the board which was to distribute the Kelly reward fund he would not now enter into details as to who was entitled to the credit for the capture of the outlaws, but he would unhesitatingly assert that the whole of the arrangements having been placed by the late Chief Secretary (Mr Ramsay) in the hands of Mr Hare, if there was credit attaching to the capture of the gang that officer was deserving of it. In saying this he did not wish to detract from the deserts of any other officer, but it was undoubtedly the case that when an officer in the military or any other service was entrusted with a dangerous duty, and performed it well, he was deserving of a mark of public gratitude. He therefore trusted that the House would not in any way encourage anything like a slur on the conduct of Mr Hare, It was true that no wonderful acumen was shown in the discovery of the Kellys for the simple reason that they burst forth from their concealment of their own accord but their conduct was to a great extent owing to the well calculated withdrawal of the black trackers. He was quite sure that had the matter been brought before the House during the excitement of the capture, the merits of every one present at the affair would have been fully recognised, and if hon members did not on occasions of this sort show some recognition of the deserts of brave men, they could not expect them to act again in the same gallant manner. He had passed many an hour by the bedside of Mr Hare, and seen the great agony he suffered from his wound, and felt that it was monstrous now to say that the only recognition they were to give the man who was maimed for life, was a police inquiry, which would decide who was to blame. That, indeed, was not the question which should be considered, but rather whether all the policemen concerned in the affair were not deserving of credit. Let every man who had a wife and family to protect remember that if they did not encourage men who acted in a manly way there would be no safety for anyone in the community. Moreover, we were now in a much more dangerous position in regard to crime than before. Formerly the colony has only to cope with isolated cases of imported criminals, who could be easily dealt with; now we had to contend with a rising generation of criminals, who had sympathisers scattered all through the country. The hon member for North Gipps Land had cast reflections on the police. He (Sir Charles) sincerely hoped they were not true, or were only applied to those black sheep which were to be found in every body of men.
end
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