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Story of the KellyGang - the Royal Commission evidence
 
 
 
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Latest revision as of 21:01, 20 November 2015

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The Royal Commission evidence for 11/5/1881

(full text transcription)

(see also introduction to day 18)

'Constable Alfred John Faulkiner' giving evidence

5333 That is your reports with reference to the cave?— Yes. He stated that those reports would never suit Mr. Nicolson, and urged me to withdraw them, which I refused. He said Mr. Nicolson only wanted the report so as to make a favorable entry on my record sheet.

5334 Is that your third report—[handing a paper to the witness]?— Yes—[reading as follows:—] “Special duty near Beechworth. —I respectfully report for the information of the Assistant Commissioner of Police that I have been doing secret duty in the above-named place since November 1879 to April 1880, and that I have at all times carried out the instructions received from the Assistant Commissioner of Police relative to that duty. Though unsuccessful, this duty has been carried out with the greatest secrecy by the members of the force who were engaged on that duty. —A. J. FALKINER, constable 2784. 2nd April 1880 .” I replied I had sent in the report Senior-Constable Mullane called on me for. I also remarked at the time I believed had I sent in a report stating that this duty was unknown to the outlaws' friends it would have been forwarded.

5335 What do you mean by that?— Because my first report was not forwarded. That was the conclusion I came to.

5336 If your cave party had been a secret it would have been forwarded to head quarters?— Yes, because my first report was a straight forward report, and should have gone to head quarters; and, had this been done, Mr. Nicolson would have no doubt known the cave party was known.

5337 How did you know that this report was not sent officially?— I believed, had it been sent-

5338 To whom did you give it?— Senior-Constable Mullane.

5339 What evidence have you then to speak positively that this report was not transmitted?— Detective Ward with the report in his pocket, and asked me to withdraw it, and stated it would not suit Mr. Nicolson, and asked me to send up a report altogether different—that was the second report.

5340 You forwarded it to Mr. Ward?— Yes.

5341 What transpired afterwards to lead you positively to assert now that that was not transmitted officially?— Because they were not forwarded.

5342 How do you know that it was not forwarded after you sent it again?— Not the one report, but the two reports he came back with.

5343 You handed in those three sheets yesterday?— Yes.

5344 Those are copies of the three reports you forwarded?— Yes.

5345 This is the first?— Yes.

5346 And this is the second?— Yes.

5347 That was forwarded back to you by Constable Mullane. I will read the memo. by Mullane:— “I have called on Constable Falkiner for a report whether it has come to his knowledge that the outlaws' friends are aware of the party of police camped in the Strathbogie ranges.” That one was sent back to you?— Yes.

5348 Therefore you know that was not forwarded on to Mr. Nicolson?— Yes.

5349 You forwarded this second report then?— Yes.

5350 And you say you know that was not forwarded, because Detective Ward brought it to you?— Yes.

5351 The original report?— Yes.

5352 So you knew it had not been forwarded to Mr. Nicolson?— Yes.

5353 On the representation of Ward you sent in that third one?— Yes. It was about two o'clock when Detective Ward came, and I was unable to make it out at the time. I made it out at Benalla, and dated it from Beechworth, and sent it the next morning to Detective Ward to forward to Mr. Nicolson.

5354 Than this last report is the one in the hands of the Police Department?— Yes.

5355 Do you say that that is a copy of the report that you sent to Senior-Constable Mullane—this first one?— Yes.

5356 Do you swear that the original of that was destroyed by you?— I swear it was not.

5357 Will you swear the original is not in the hands of the police?— No, I will not do that.....

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