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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 11/5/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 11/5/1881|day 18]])

''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' giving evidence'''

[[#rc5333|5333]] That is your reports with reference to the cave?— Yes. He stated that those reports would never suit Mr. [[Nicolson|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.

[[#rc5334|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. [[events 1880-4/ 1880-6|2nd April 1880]] .” I replied I had sent in the report Senior-Constable [[SConst P Mullane|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.

[[#rc5335|5335]] What do you mean by that?— Because my first report was not forwarded. That was the conclusion I came to.

[[#rc5336|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.

[[#rc5337|5337]] How did you know that this report was not sent officially?— I believed, had it been sent-

[[#rc5338|5338]] To whom did you give it?— Senior-Constable Mullane.

[[#rc5339|5339]] What evidence have you then to speak positively that this report was not transmitted?— Detective [[Ward|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.

[[#rc5340|5340]] You forwarded it to Mr. Ward?— Yes.

[[#rc5341|5341]] What transpired afterwards to lead you positively to assert now that that was not transmitted officially?— Because they were not forwarded.

[[#rc5342|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.

[[#rc5343|5343]] You handed in those three sheets yesterday?— Yes.

[[#rc5344|5344]] Those are copies of the three reports you forwarded?— Yes.

[[#rc5345|5345]] This is the first?— Yes.

[[#rc5346|5346]] And this is the second?— Yes.

[[#rc5347|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.

[[#rc5348|5348]] Therefore you know that was not forwarded on to Mr. Nicolson?— Yes.

[[#rc5349|5349]] You forwarded this second report then?— Yes.

[[#rc5350|5350]] And you say you know that was not forwarded, because Detective Ward brought it to you?— Yes.

[[#rc5351|5351]] The original report?— Yes.

[[#rc5352|5352]] So you knew it had not been forwarded to Mr. Nicolson?— Yes.

[[#rc5353|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.

[[#rc5354|5354]] Than this last report is the one in the hands of the Police Department?— Yes.

[[#rc5355|5355]] Do you say that that is a copy of the report that you sent to Senior-Constable Mullane—this first one?— Yes.

[[#rc5356|5356]] Do you swear that the original of that was destroyed by you?— I swear it was not.

[[#rc5357|5357]] Will you swear the original is not in the hands of the police?— No, I will not do that.....

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