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Royal Commission report day 31 page 10

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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 16/6/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 16/6/1881|day 31]])

[[../../people/peN_P/nicolsonPAC.html|'''Charles Hope Nicolson''']] ''''''giving evidence''''''

[[#rc12038|12038]] Did you see any cause to complain of the conduct of my men or myself during your command up at Benalla?— During the time that I was at [[Benalla Police Station|Benalla]] there was no quarrel or difference amongst the officers there, either you, Mr. [[Sadleir|Sadleir,]] or myself whatever, and you were attentive to your duties, that is particularly to your men. Your men consequently were happy and well behaved, so much so that they became quite favourites in the township. In your own conduct personally I never saw anything to take exception to. You were temperate in your manners and language, and in your habits and everything, and in consultation you displayed a thorough knowledge of your duty and a considerable degree of uprightness and ability.

[[#rc12039|12039]] ''By the Commission''— Will you look at that document; those are the instructions given to Mr. [[O'Connor|O'Connor]] by his department in [[Queensland police|Queensland]] . Will you look at that passage just at the end of it, there where they are giving him instructions what to do preparatory?— Yes. “Sub-Inspector O'Connor will obey all instructions given him by the Chief Commissioner, and will co-operate cordially and cheerfully with the members of the Victorian or New South Wales police with whom he may be required to serve. He will also from time to time, as opportunity occurs, communicate with the Commissioner of Police, Brisbane.”

[[#rc12040|12040]] What I want to ask is this: does not the first passage of that convey to you yourself, as the superior officer of police, that the position that gentleman was to occupy here was still an officer of police?— In this colony?

[[#rc12041|12041]] An officer attached to the Victorian police?— Decidedly.

[[#rc12042|12042]] With his men?— Yes.

[[#rc12043|12043]] And that he was to obey instructions from the Chief Commissioner here the same as he would from the Chief Commissioner of Brisbane if he were there. He delegates his authority to Captain Standish?— Decidedly.

[[#rc12044|12044]] To order him, an officer of the Queensland police, as if he was a Victorian officer?— Yes.

[[#rc12045|12045]] Is it your opinion, from the wording of that, that Mr. O'Connor was then bound solely to obey the instructions of the Chief Commissioner, or would it be competent for him to obey orders from others?— It would be competent. It was for him to obey the Chief Commissioner of Police of Victoria, excepting the Chief Commissioner in Queensland gave him some instructions to contradict him. I should say he was bound to obey all orders coming from the Chief Commissioner, even though coming through Mr. Sadleir.

[[#rc12046|12046]] If Mr. Sadleir gave those orders, without Captain Standish's orders, would he then be bound, under those instructions, to obey Mr. Sadleir?— I should think he would.

[[#rc12047|12047]] He was bound to obey Captain Standish, and, through Captain Standish, every superior officer?— Yes

[[#rc12048|12048]] Do you think that?— Yes, I do.

[[#rc12049|12049]] Without the direct interference of Captain Standish?— Any superior officer that Captain Standish acknowledged.

[[#rc12050|12050]] Do you think that, except Captain Standish, was he not, by those orders, obliged to obey any other officer?— I should think he was, any other officer that Captain Standish placed over him—any superior officer.

[[#rc12051|12051]] If he did not place any other officer over him?— I considered I was over him when I was up there, and, in my absence, that he was under Mr. Sadleir.

[[#rc12052|12052]] Did Captain Standish tell you he was under your orders?— No. I do not think it was necessary.

[[#rc12053|12053]] Are you aware that he led Mr. Sadleir to believe that Mr. O'Connor was independent of him?— I was not aware of that.

''Mr. O'Connor'' — I do not agree with Mr. Nicolson in that. I consider that I was solely under Captain Standish.

[[#rc12054|12054]] ''By the Commission (to the witness)'' — Those orders are very clear and distinct. Do you think his Chief Commissioner wanted him to be under any other officer of Victorian police other than Captain [[Standish|Standish]]?— Well, you see here, “And will co-operate cordially and cheerfully with the Victorian or New South Wales police.” Speaking very strictly, Captain Standish should have left an order at Benalla, handing Mr. O’Connor over to me; but it was a thing that was understood.

[[#rc12055|12055]] But it was understood the other way, because Mr. Sadleir stated he was placed in a very awkward position, because Captain Standish led him to believe that Mr. O'Connor was over him, or independent of him, at all events?— I was not aware of that. At the same time, I do not think it was absolutely necessary to leave it in writing. It is a thing that would be understood in a disciplined force. “With whom he may be required to serve. He will also, from time to time, as opportunity occurs, communicate with the Commissioner of Police, Brisbane.”....

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