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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]]''' further examined'''

[[#rc5393|5393]] Therefore, if he got them from [[SConst P Mullane|Mullane]], and did not return them to you, but spoke to you about them, he must have had them in his possession?— He had them.

[[#rc5394|5394]] He must have been aware, if Senior-Constable Mullane's statement is true, that he got instructions from Senior-Constable Mullane to return them to the constables?— Yes.

[[#rc5395|5395]] Did Detective [[Ward|Ward]] tell you he had the reports in his pocket?— Yes, he did.

[[#rc5396|5396]] But did not give them to you?— He did not. He asked me to withdraw them.

[[#rc5397|5397]] And kept them in his pocket?— Yes.

[[#rc5398|5398]] You said you would not withdraw them?— Yes, said I would not; I refused.

[[#rc5399|5399]] Then you have not at the order of any officer altered the true character of your reports?— No.

[[#rc5400|5400]] You have stated the truth in all your reports?— I have.

[[#rc5401|5401]] Constable [[Const Armstrong|Armstrong]] was in charge of the party at the cave?— At different times, and Constables [[Const R Alexander|Alexander]] and [[Const Daniel Barry|Barry]].

[[#rc5402|5402]] How was it that you were called upon to report?— I was not the only one. We were all called upon.

[[#rc5403|5403]] Individually, to report to the report to the officer in charge above you?— Yes.

[[#rc5404|5404]] Is the practice of the department under such circumstances for the constables to report to the officers next in charge?— Mostly the officer in charge reports, but in this case I suppose it was the intention to hear each person's opinion on it.

[[#rc5405|5405]] What was your idea at the time, that you were to report to the officer above you, or to the department?— To the department. My reports were addressed to the Assistant Commissioner, and the first one to Superintendent [[Sadleir|Sadleir]].

[[#rc5406|5406]] Then those reports being returned, did it strike you that the object the department would have in requiring reports of that kind was frustrated; and did it strike you as being desirable to send them direct to the department—reports you thought so important—so that the information should be in the possession of the department?— No; I considered that was the duty of my officer in charge.

[[#rc5407|5407]] Having been returned by that officer, did you consider it would be an act of insubordination for you to send it direct?— Yes, it would; because we must send through the officer.

[[#rc5408|5408]] Did it not strike you that those reports being returned in that sort of way was an act that was indicative of anything but good discipline and the best interests of the service?— They were not returned. I did not withdraw them. They asked that, but I did not; and as long as I furnished them, that was all I had to do with it.

[[#rc5409|5409]] Those reports were returned to you—did you retain them then?— No; I still left them in the hands of the officer.

[[#rc5410|5410]] As a matter of fact, the department are in ignorance up to the present time of the existence of those reports, until yesterday you produced them?— I could not say that. I have sent in reports myself, and have had no reply; for instance, about the saddles seen near old Wilson 's place, and I did not hear any reply to that.

[[#rc5411|5411]] You sent that report direct to Senior-Constable Mullane?— Yes.

[[#rc5412|5412]] He wrote that memo. on the back?— Yes.

[[#rc5413|5413]] You then wrote this No. 2, with this first report attached?— Yes.

[[#rc5414|5414]] These were forwarded also to your superior officer at Beechworth, Senior-Constable Mullane?— Yes.

[[#rc5415|5415]] Detective Ward came to you then?— Yes.

[[#rc5416|5416]] And then mentioned to you he had those two reports in his pocket?— Yes.

[[#rc5417|5417]] Did he show them to you?— He partly drew them out of his pocket, and said, “Whatever did you send in reports like that for? Those are not the reports Mr. Nicolson wanted; he only wanted a report from you of what you had been doing, so as to put a favorable entry on your record sheet.”

[[#rc5418|5418]] You then wrote a third?— Yes.

[[#rc5419|5419]] Did you post that to your superior officer at Beechworth?— I did.....

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