Royal Commission report day 11 page 14
The Royal Commission evidence for 12/4/1881
(see also introduction to day 11)
[[../../people/peU_Z/wyattMag.htm|Alfred Wyatt, P.M.]] giving evidence
2183 You went to the police quarters?— Yes.
2184 How near is that?— That will come in the next moment. I therefore, leaving them with that object, went to the police quarters, which are about 300 yards from the telegraph station in old Benalla. I saw Sergeant Whelan then in charge in the absence of Mr. Nicolson and Mr. Sadleir, and told him all the facts, and asked him whether he had power to send a special train. I cannot remember what answer he made to me; but, without remembering his words, I know that I went away with the impression that I could not get a special train for some time, at least for some hours.
2185 You have informed us that you gave Mr. Nicolson and Mr. Sadleir information of the cut wires, and it was probable the Kellys were there?— Yes.
2186 And that by their action you concluded they had made other arrangements, and they went on?— Yes.
2187 Now I want to ask, when you gave the information to Whelan, was he impressed with the accuracy of your belief that the Kellys were there?— Yes, very strongly.
2188 Do you believe the same statement you made to him impressed him that the Kellys were there?— Yes; he believed all that I said, and shared in my impression.
2189 That the Kellys were there?— Not that they were there—at Faithfull's Creek station—for I did not know that then, but that they had done that to the wires.
2190 Can you fix the hour?— The hour at which I went to the telegraph station, and thence to the police station, must have been, as nearly as possible, 9.40 p.m. After the conference with Mr. Whelan I sat down, and wrote on a sheet of paper a message to take down to the railway, of which I now have a copy from the Telegraph Department; if you have not that I will read it:—”9.45 p.m.” That was the moment of its despatch. “Captain Standish, Chief Commissioner of Police, Melbourne. Going from Violet Town to Euroa, at about 4.40 p.m. , by luggage train, was informed telegraph lines out of order. Found both lines (Government and railway) down at 97 miles from Melbourne , Faithfull's Creek road crossing, by bridge under the railway. On return, at 6.50, from Euroa, rode on engine, stopped train, got down and examined. Found all wires (4 of Government line and I of railway line) cut through with powerful nippers, and both lines dismounted, one for 300 yards, and the other for 200. Met Nicolson and Sadleir at Benalla station, going to Wangaratta. Informed them, and showed them the cut ends of one wire, which I kind twisted off and put in my pocket. Nicolson said, ‘I know what it means; it won't alter my plans.’ They went on. The line cannot be repaired before to-morrow noon .” That was a mistake of mine; the line was repaired by Mr. Gorman soon after daybreak, and very energetically. The reason why I came to the conclusion that the line was cut with nippers, and not with a tomahawk, was this—the two marks on the wires are parallel; the two cuts on the opposite sides of the wire are parallel to each other, but if the blows had been made with a tomahawk, they would not have been parallel, but would have crossed each other. I conclude, from the wires having been cut within six inches of the insulator, that the manner of doing it was this—that the person climbed up the telegraph-post, lifted off the wire, and when it was down swagging against the pole—if he cut it with a tomahawk, he cut it in this manner—[explaining his meaning by gesture]—but I think that impossible, and that nippers must have been used.
2191 Might not a tomahawk cut through in one stroke?— No. The wire showed marks on both sides. Having sent that message at 9.40, I retired to my hotel till I thought Mr. Whelan would get an answer to his communications from Melbourne as to a special train. Mr. Whelan was not authorized to despatch a special train, and therefore sought authority, I cannot tell you whether from Captain Standish or from Mr. Nicolson
2192 How do you know he did at all?— Because he told me at the time. Mr. Whelan told me he was not authorized, and therefore he had to seek authority.
2193 Then you and he must have been consulting as to the desirability of starting a special train?— Yes. I asked him whether he would send a special train down by me. I said I would take one if he could send it. He found he could not, and I waited some time to learn his answer. He also informed me he would send a message to Mr. Nicolson. After sitting in my hotel until eleven o'clock , I went to the police station again to learn what had been done. I found somewhere between eleven and twelve—I cannot remember exactly when—that Mr. Whelan had got authority to send a special train, I cannot now remember from whom. I asked him who would go with it, and he said he really did not know one—would I go? I said I would be most happy to go, but I said, “I cannot undertake a pursuit that will last longer than the night, because I must be at Avenel at eleven o'clock , or all the licenses will be forfeited.” He said, “Will you go then?” I said, “I will.” I think it was nearer to twelve than eleven, because I have some reason to believe his answers were not received from Captain Standish or Mr. Nicolson till nearly twelve.
2194 It was stated at the time, to help your memory, that accurate information arrived in Benalla by the up train, the train from Euroa, that came after you; do you know whether Sergeant Whelan had that?— A constable came up by that train.
2195 Could Whelan have known that?— I do not know. I think he got his authority and permission from Captain Standish before that.
2196 Do you know of your own knowledge that the police at Benalla got authentic information that night that the Kellys had stuck up Faithfull's Creek?— Whelan told me. The first information he got was by Captain Standish's telegram......
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