Royal Commission report day 8 page 14
Story of the KellyGang - the Royal Commission evidence
The Royal Commission evidence for 5/4/1881
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full text
(see also introduction to day 8)
Francis Augustus Hare giving evidence
1586 You were then in charge of the Bourke district?— Yes, at that time. I was sending out parties, and I was constantly communicating with them, and after Power had been out about eighteen months, Captain Standish sent for me one day. He told me that Sir James McCulloch had decided that I was to be sent up to take charge of the Power business. I told him that there were officers senior to me in that district, two of them—they have gone now—one left the force, and the other dead; and he told me it was no use protesting against it, his orders were to send me up. He said, “I will give you carte blanche to do as you please and to take whom you please, and to spend what money you wish.” After I had left his office and received those instructions I met Mr. Nicolson. He was then superintendent of police in charge of the Kyneton district.
1587 Is that called still the Kyneton district?— No; it is the Bourke district now. Mr. Nicolson asked me if I would take him with me. He said Captain Standish told him that the Government had ordered me up there. I said, “Certainly, Mr. Nicolson, I shall only be too glad to avail myself of your services, but do not you think we will have to undergo some very great hardships in this matter, and that your health is not strong enough to carry you through them?” He said, “I will go and see Dr. Ford, and ask him whether he will let me go up.” I said, “Very well. “That afternoon he informed me that Dr. Ford had said he might go under certain conditions. At this time Sergeant Montford was a clerk in my office. I had sent him to Wangaratta some week or ten days previously, to make some enquiry in the Power business, and I sent a cipher telegram to him to meet us (Mr. Nicolson and myself) at a certain spot on the following Sunday. The instructions, I think, were given me about Monday or Tuesday; I think Tuesday. I picked out five of the best men I had in my district, who had not been previously sent to the Benalla district, as it was termed then. I told two of them to go to Wangaratta and thren to Benalla, and remain there until they heard from us.
1588 Who is “us”?— Mr. Nicolson and myself. On Friday—that was the 28th of May 1870 Mr. Nicolson and I started away from Benalla. It was before the railway was opened; I drove Mr. Nicolson up in my buggy, and we got to the appointed spot on Saturday night.
1589 Did you relieve any officer?— Nobody. At the spot where we met Mr. Montford the following day, Sunday, we obtained a blackfellow from Benalla—there were some blacks stationed there then—and we consulted and made our plans. On the morning of the Sunday following we captured Power. The capture was this way: We were looking for a hollow tree with a bed in it, and we came across it about seven o'clock in the morning. There was a narrow track from this tree up to a hill on which we were told that Power would be found. Mr. Nicolson stated the previous evening, “Mind you, I am senior officer of the party, I must run up and take the lead.” We had some discussion about it, and I said, “All right.” I do not mean to say I questioned as to his leadership, I said, “All right.” We got to this tree, and there was a narrow track leading up the hill, the blackfellow was standing by the tree. He said, “Smoke up along that hill there.” I did not see it, and I do not think the other two saw it, but we all started off immediately, and rushed up this narrow track in the mountain, Mr. Nicolson first, I second, and Mr. Montford behind me. I suppose we did not cover a space of more than six feet altogether, we were so close. When we approached we saw the fire and a kind of a gunyah among the trees. Just as Mr. Nicolson got within ten yards of the hut he beckoned with his hand to me to go round to the back. I thought he meant so that Power might not escape from the back, and I fixed my eyes upon the feet of the person I saw in the gunyah. We all rushed up together, and simultaneously laid hold of this man. I put my hand on his leg, and he bawled out at the top of his voice; he was asleep at the time. We handcuffed him, and took him into Wangaratta that day, I think a distance of fifty miles, and on our arrival at Wangaratta we sent a telegram to town announcing the capture of Power, Mr. Nicolson signing the telegram. That is all I wish to say with reference to that. I merely now state that I considered myself organizer of the party. I reckoned that, in case of failure or mishap, the Government would have held me responsible and no one else.
1590 Did you on that occasion believe that you superseded any officer?— I had orders from Captain Standish to do what I liked in the district. I pointed out to him that officers senior to me were there, and he wrote up to those officers to tell them the position which I held there;—this was the first conversation.
1591 Because the documents are all here?— I have never seen them from that date.
1592 Here is a letter from Captain Standish to Superintendent Nicolas; the purport of that is that he informs Mr. Nicolas that Mr. Nicolson and Mr. Hare would take charge. That he (Mr. Nicolas) remonstrates against the course taken, and writes as follows to Captain Standish:— “Having been superseded in the charge of this district by the officers named in margin (Superintendents Nicolson and Hare) in consequence of the alleged prevalence of bushranging (vide memo., 25th ult., attached), I have the honor most respectfully to point out that I do not consider any blame can be attributed to me as officer in charge of the district.” The date of that is 2nd June 1870 ; and Captain Standish's letter is attached virtually superseding him. Attached to that again is a document giving all the account in detail which you have given commencing in this way:—”From the Police Department, Wangaratta, 6th June 1870
Sir—We have the honor to report that in accordance with your instructions we proceeded to Benalla and arrived there on Sunday, the 29th of May,” and so on, through several pages of foolscap, giving full particulars, and signed at the end C.H. Nicolson, Supt., and Francis Hare, Supt. Now in giving your evidence you made use of a remarkable word, you said “we” did this and that, so that it would appear by this document which I have now referred to that you yourself when you wrote that considered you were equally acting with Mr. Nicolson?— Undoubtedly.
The witness withdrew.
Adjourned till to-morrow at eleven o'clock
[~[[See report of Proceedings 5/4/81]|5829]~]....
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