The Argus at KellyGang 9/9/1881 (2)
Nicolson giving evidence
This by an endorsement on the back was made a statutory declaration.
" Melbourne Sept 6, 1881 .
"Hon. Sir – I see in the paper at your last sittings that Mr Nicolson denied that his wife had anything to do with regard to my character in Beechworth. I am prepared to bring evidence forward that she did her best to damage my character. I was told in Melbourne by one of the gentlemen that she went to inquire what kind of a character I was. He says he told her that he know nothing against me, and also that he would have nothing to do on ether side. His name is Mr Crawford, JP -Your obedient servant
"JOHN SHERRITT, JUNIOR."
Mr Nicolson said he adhered to his statement that the allegations made by the Sherritts about Mrs Nicolson were untrue. Jack Sherritt attacked him before the commission, and Mrs Nicolson insisted on going to Beechworth, with the view of ascertaining whether there was any ground for his statements. She simply visited Mrs Crawford, and left next day. Mrs Nicolson was not far away, and was ready to be called at once if the commission desired her evidence.
Mr Dixon – If we call Mrs Nicolson, we must in justice call the other people also.
After some discussion, it was decided that Mrs Nicolson be requested to make an affidavit, and that Messrs Dodd and Crawford be asked to do the same.
Mr Hare – You said that when you came to relieve me at Benalla, I was out coursing?
Mr Nicolson – Yes.
Mr Hare – Did you not know that I had obtained a few days' leave of absence?
Mr Nicolson – Yes, I believe so.
The CHAIRMAN – But Mr Hare seems to forget that one of the charges always made against the police officers was that they were cock-fighters, coursers, rat-pitters, and such like, and that the force was demoralised through the superintendents being engaged in these pursuits.
Mr Hare – But the keeping of a greyhound did not make me a courser. (To Mr Nicolson) – You complained of my remarks on your report upon my district, and now I would ask is this your report on Mr Winch's district?
Mr Nicolson – Yes
Mr Hare – It was forwarded by Captain Standish to Mr Winch for his report on it?
Mr Nicolson – Yes.
Mr Hare – Has Mr Winch reported upon it?
Mr Nicolson – No. Mr Hare – No. Mr Winch himself told me that your report was such infernal bosh that Captain Standish afterwards told him there was no necessity for reporting upon it.
The CHAIRMAN said they could only take notice of the documents, and they only showed a manifest piece of insubordination on the part of Mr Winch in not reporting when asked to do so.
Mr Nicolson in conclusion desired to say that whatever Detective Ward might have been guilty of he was an invaluable man in the Kelly district.
Mr Sadleir also wished to say that Ward was an extraordinarily useful man.
The following affidavits were amongst others, submitted by Mr Nicolson in corroboration of his statements -
"I, William Kergwin Nicolas, superintendent of police in the colony of Victoria , make oath and say, referring to the attached correspondence, .... re pursuit of Power, the bushranger, that I saw Mr Nicolson, then superintendent of police, also Superintendent Hare, at my quarters on their arrival at Benalla. I was not asked by them to render any assistance in the arrest of the above-named offender. In conversation with Superintendent Hare (in the absence of Mr Nicolson) he informed me 'That he had been sent by the chief commissioner in consequence of the bad state of health of Superintendent Nicolson.' I felt very much hurt after having recently arrested Edward Kelly, then Power's mate, at not being included by the chief commissioner in the party of officers sent specially to the Benalla district to arrest Power. I consider selecting Superintendent Hare, who is my junior in the police force, although senior on the list of officers, most unfair to me as an officer in the Victorian police force.
(Signed) “Wm. M. Nicolas."
We withhold the name of the next deponent, as he is still in the district.
"I ---, of Benalla, in the colony of Victoria , make oath and say, –
1. That in or about the month of April, 1870, I sent Captain Standish information that I knew of a man who would be likely to give valuable assistance to the police sent in pursuit of the celebrated bushranger Power.
2. That Messrs. Nicolson and Hare came up to my place to meet the informer, who arrived about dusk in the evening, and I went forward to meet him. Mr Hare accompanied me, Mr Nicolson remaining behind. I introduced Mr Hare to the informer, and they entered into conversation, and I retired and rejoined Mr Nicolson. In about 10 minutes Mr Hare returned to us, and said he did not think the informer would do, as he was an old Pentridge man, and that he refused to give any information, and in any case could not be trusted. I was very much disgusted, and said to Mr Hare, 'If that be the case, what risk do I run now, having trusted and arranged with this man take the reward.'
3. Mr NicoIson then went forward and spoke to the informer, Mr Hare and I remaining out of hearing. After about 10 or 15 minutes Mr Nicolson returned to Mr Hare and myself, and informed us that it was all right, and that the informer would let me know within a month when he ascertained exactly where Power was concealed, and I promised to send to Captain Standish when I received the information.
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