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Royal Commission report day 2 page 13

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The Royal Commission evidence for 24/3/1881

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(see also introduction to day 2 )

Assistant Commissioner Nicholson giving evidence

496 Why did not you tell that at once?- I was interrupted.

497 Did he infer anything wrong with the Kellys?- I believe he did.

498 Is that statement of Captain Standish substantially correct?- No. It is not a fair statement.

499 In what particular does it differ-tell us exactly what took place at this station?- I am doing so. I am only too glad to do so. Whatever Mr. Wyatt said, I understood that he believed that it was in connection with the Kellys. Whether he said so I am not prepared to say, but I took it in that way, and I replied to Mr. Wyatt. All the time I had in my mind that the men were making for the north, and I was going up to warn the police on the New South Wales side, and at Wodonga, to be on the look out, as I used the words, and you can ask him. I said, "Very well; even suppose they have gone, and pulled down those wires at Faithfull's Creek, that does not affect what I am acting upon," or words to that effect.

500 In point of fact, you thought the information you were going to give at Albury of more importance than the information given by Mr. Wyatt?- That was it exactly.

501 Why did you think that of more importance if he gave you actual information, and showed the wires affording proof; why would not that be sufficient to lead you to go and trace it at once?- I thought there was a possibility of the Kellys having, for some reason or other, cut down the wires at Faithfull's Creek on their way, fearing information might be sent along.

502 But the bare fact of the wires being destroyed, and you getting the information a few hours after, would you not have stood a good chance, by acting promptly, of following up the tracks and catching them?- No; the breaking the wires in that country is very common, not at all an unusual circumstance.

503 Was the impression on your mind on the information given by Mr. Wyatt that the wires had been destroyed by a storm, or by some other means than by the outlaws?- I did not think it was done by the Kellys.

504 You discredited the idea it was done by them?- Not altogether; but I considered if they were making north to cross, that my course going up there that night and giving information that it would be too late to pursue them from where the lines were broken down, and that it was the better way to intercept them.

505 Suppose it was correct information, would you have succeeded better than the other way?- I would not, because this information was given in the dark; we could do nothing till daylight-until morning-and those men could ride all through the night, and be at the Murray by morning.

506 What was the information from Faithfull's Creek?- The communication was cut off at Euroa

507 Would they be likely to destroy the wire, to destroy communication with the border?- They would.

508 As I understand you, you looked upon this injury to the wire as proof of the plan that you surmised was being attempted by them in escaping?- I did, rather than otherwise.

509 Therefore you pursued the object you had in view-to get to the boundary as quickly as possible?- Yes.

510 Was it substantially necessary for both yourself and Mr. Sadleir to go?- It was not.

511 But, on the information you obtained, would it not have been wise for one to have remained at Benalla, or remained at Faithfull's Creek with a party of men, and the other proceeded away?- Certainly, if I had remained, it might have been wiser; but if I had remained at Benalla I would not have taken out a party when there were police at Euroa, and I would have waited for information by the next train, or sent a mounted constable to enquire; but you must remember there were police at Euroa...

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