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Story of the KellyGang - the Royal Commission evidence

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The Royal Commission evidence for 13/5/1881

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full text

(see also introduction to day 19)

Sgt Whelan giving evidence

6303 What position did Mr. O'Connor occupy with regard to his late position in this district? Mr Nicolson was in command here: did he discharge the ordinary duties of the district or only in connection with the Kelly matters?— Mr. Sadleir was in charge of the district, and Mr. Nicolson, being Assistant Commissioner, would be in charge of both and each of the parties of the general police. I think Mr. Sadleir would be under his command.

6304 For instance, if a report came in from the district that a constable was drunk on duty, would that be dealt with by Mr. Sadleir or by Mr. Nicolson?— Where it is a breach of discipline Mr. Sadleir would deal with it, and submit his decision to the Chief Commissioner in Melbourne if it was a serious charge

6305 What would you call a serious charge?— Say a constable assaulted a man, that would be far more serious than drunkenness.

6306 Suppose it was reported that a constable violently assaulted a civilian, that would be sent to the barracks?— Yes.

6307 Whom first to?— To me.

6308 What would you do with it?— Send it to Superintendent Sadleir.

6309 What would he do with it?— As both were in one office, I expect they would both consult and give a decision.

6310 Was that the usage in the office?— I do not know of any similar case cropping up that I could give an opinion about.

6311 Do you know as to whether Mr. Nicolson joined Mr. Sadleir in the general discipline of the force and management of it, or did he confine himself to the Kelly business?— I think principally the Kelly business; but I think he would aid and assist Mr. Sadleir, as being superior officer to him.

6312 Suppose a report came in that way, you would receive it, and note it, and your name would appear on it?— Yes.

6313 And you would forward it to Mr. Sadleir to deal with?— Yes.

6314 Would he report on it?— It might be a matter that was ordered before the Bench.

6315 If not a matter that was ordered before the Bench it would be dealt with by him or Mr. Nicolson?— I have not known a similar case, and cannot give an opinion.

6316 In what exact position was Mr. Nicolson, in your opinion, in the district—you cannot say how the duties were divided, whether he undertook the whole management of the district by superseding Mr. Sadleir, or whether he joined him?— I think Mr. Sadleir still retained charge of the district the same as before, but Mr. Nicolson was in charge of all the Kelly parties, and I think he would aid and assist Mr. Sadleir with his advice besides.

6317 I want to ascertain who was responsible if there was anything wrong?— When Captain Standish was here first Mr. Sadleir was under him, and I have frequently seen Captain Standish deal with cases of discipline brought into the office.

6318 That might be, because it would naturally go down to Melbourne ?— Yes; he was still the Chief Commissioner. I know Mr. Nicolson was Acting Chief Commissioner in Melbourne .

6319 Did the Acting Chief Commissioner remove the responsibility from Captain Standish of being the head in Melbourne by his coming here?— No, I think not.

6320 You stated that Mr. O'Connor, in your opinion, was not an officer in the Victorian Police Force—now, Mr. O'Connor in his evidence says as follows, “On Monday the 10th, Senior-constable King and the six troopers arrived at two p.m. from Wodonga at Benalla. On the 11th of March Captain Standish ordered us out on our first trip, but had me sworn in previously a member of the Police Force of Victoria.” What is the meaning of “a member of the Police Force of Victoria,” in your opinion?— To be sworn in is when he would be one. I think he should be gazetted. I never saw his name in the Gazette

6321 Not as a member of the police force, a constable, or any position?— No.

6322 Does a man sworn in the police force indicate to your mind that he was sworn as an officer— made as an officer?— I cannot say.

6323 What do you think?— I think he would certainly retain his rank as an officer as he came, as an officer from Queensland, and there would be nothing to alter that here, as he was sworn in.

6324 You think that having come here as an officer in charge of trackers, and being sworn in as a member of the police force of Victoria, he would occupy the same position?— Yes. I think he would have no power here without being sworn in.

6325 His power would be what?— As a sub-inspector.....

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