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04:04, 15 November 2015 Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 14 page 4|previous page]] / [[Royal Commission report day 14 page 6|next page]]
== The Royal Commission evidence for 3/5/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 3/5/1881|day 14]])
'''Detective [[Ward|Ward]] giving evidence'''
3082 That is the question we are asking?— Yes; I had not the men.
<span id="rc3083">[[#rc3083|3083]]</span> Before that, when you had a report of the Kellys, you had to communicate it to your officer, and act upon his instructions as to what you were to do?— We were never told to do so, but we always had to report to the officer.
3084 This altered that arrangement?— Yes; because we would have the power of doing so by having the men.
3085 This simply refers to the black trackers?— Yes.
3086 Then this change was simply that you got the black trackers there to assist you?— Yes.
3087 Then there was nothing to prevent you going out, if you could have gone alone, at any former period?— Nothing.
3088 But if you were at Beechworth you had to telegraph to Benalla for the black trackers?— Yes.
<span id="rc3089">[[#rc3089|3089]]</span> Here is a statement made by Mr. [[Hare|Hare]] that some alteration was made in the manner of proceeding. It does not refer (according to his report) alone to the black trackers—that is the part where he stated he would have a party of policemen stationed at the different townships. Supposing that you were stationed at Beechworth, that being your head-quarters, and you heard of the [[KellyGang|Kellys]] being at the Sheepwash Creek, would you, supposing you were a mile or so outside Beechworth, before this alteration in the arrangements by Mr. Hare, have been in a position then and there single-handed to go in pursuit of the Kellys on your own account, or would you have had to go to your officer and report first, and take his instructions how to act?— The order was never given either one way or the other to do one thing or the other, but the men were not available. I had certain men at Beechworth, but they were employed in a certain position, and their instructions were very clear as to what they were to do if the Kellys came in their way: they were to wait for no officer; they had written instructions to shoot or capture in the best way they could, but not to lose a chance. It was my duty to communicate with the officer, as being head of the working of the Kelly business in that part of the district.
<span id="rc3090">[[#rc3090|3090]]</span> It has been stated in the papers and elsewhere that one of the causes of failure was that, when a constable had private information in his district, he could not take any action without consultation with his officer as to how he should take action. Is that true or false?— It is false. I remember that not only one but a hundred different people said to me, “Ward, if you got your own way you would capture them,” and I said “No”, that was not the case, that I was really left perfectly free.
309l Formerly the practice would be that in whatever position you were placed you would naturally consult with your superior officer if he were near at hand?— Yes.
3092 Still you were not restricted from taking action in his absence?— No.
<span id="rc3093">[[#rc3093|3093]]</span> Were there any other detectives in that district?— Detective [[Eason the detective|Eason]], and Detectives [[Brown the detective|Brown]] and [[Berrill the detective|Berrill]].
<span id="rc3094">[[#rc3094|3094]]</span> Your action there was never in any way trammelled—so that such a statement would not be true?— Never. I had full power to employ any persons I thought would be able to do good—to pay them, to submit their claims, and the accounts were always passed by the officers. I received the greatest kindness. There is not a man I sent them but they employed.
<span id="rc3095">[[#rc3095|3095]]</span> When Mr. Nicolson was in charge was there a larger number of constables in Benalla than after Mr. Hare distributed them over the district—did he send constables to Benalla?— I could not say that.
3096 It seems that he also sent constables as well as black trackers?— He said he would do so.
<span id="rc3097">[[#rc3097|3097]]</span> Was it done?— Yes, a few men were sent to Beechworth, but they were on special secret duty, watching the place that they would come to if they showed out. Men were very scarce in the district at the time. Several times I applied for men, but they could not give them to me from having distributed them in different places just at the time. In a day or so they would be forwarded as soon as they could conveniently do it.
3098 The detective service in Melbourne , while you are there, is under Mr. Secretan?— Yes.
3099 In the country whom are you under?— The officer in charge.
3100 Irrespective of Mr. Secretan?— Yes.
3101 The superintendent of the district?— Yes.
<span id="rc3102">[[#rc3102|3102]]</span> Suppose there was an instruction at Beechworth, your superior officer you would communicate with would be the superintendent?— Yes, I always recognized the superintendent, but I would recognize any officer. I was under the officer who had charge of the capture of the Kellys.....
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