Royal Commission report day 14 page 3
The Royal Commission evidence for 3/5/1881
(see also introduction to day 14)
Detective Ward giving evidence
3040 Did they know you?— Yes, they did. They knew Senior-constable Strahan very well. I then left two men behind to show them the road to their own house. Senior-constable Strahan and I started for the Eleven-mile Creek, and placed ourselves in a position to see if any person came to the house during the night, as we were of the opinion that Ned Kelly or his brother would come on that night to see his sister, and know how his mother got on at the court. I watched the place without success. My object was that I might capture him when he would come home to hear how his mother got on at court.
3041 You were unsuccessful?— Unsuccessful, yes.
3042 Up till June 1879 you did not hear anything of him?— Oh, yes, I did. During that month I received information that they were at Bullocky Gully, or at the head of Ryan's Creek.
3043 What position is that in from the place where the constables were murdered?— About five or six miles from where they were murdered.
3044 In the same direction of the same country?— In the same direction of the same country. This was on the 7th of May. Constables Mooney, Hayes, Whitty, and Senior-constable Strahan proceeded to there, and made search for three days.
3045 Were you with them?— I was with them.
3046 That was to Ryan's Creek—Bullocky Gully?— Yes. We were unsuccessful at that time again. We searched the surrounding creeks for three days, but could find no trace. I returned to Melbourne , and on the 9th of September, from information I had received, I was instructed to return to the Kelly country.
3047 By whom?— Mr. Secretan.
3048 Under whose instructions did you generally act?— Mr. Secretan's, when in Melbourne or the suburbs; when in the country, I of course acted under the officer in charge of the district.
3049 Mr. Secretan is the head of the Detective department?— Yes.
3050 When you received information respecting the Kellys, could you act on that information without first reporting to one of your superior officers, either in Melbourne or the country district?— In the country district, at one time, I could, but in Melbourne I could not.
3051 At one time, you say, you could, in the country—was that altered as to the country?— Yes
3052 At what time?— While after the Kellys.
3053 At what time?— About the latter end of the search for the Kellys.
3054 Was it six months after they were taken?— No, it was not.
3055 Was it three months?— No. I think it would be about the time Mr. Hare came up the last time.
3056 What was the fresh order you received?— The order was that I was to receive two black trackers, and to start whenever I got information, but to telegraph where I would likely be found and what direction I was going in.
3057 Are the Commission to understand this—that while you are stationed in Melbourne and get instructions to make a certain offender amenable to justice, you are at liberty (that being handed over to you) to take your own action as to how best to do it, as being responsible for it?— I am.
3058 When you went up to the North-Eastern district, under instructions to make the Kellys amenable to justice, were you at liberty during that time, until you came back, to act on your own responsibility, without consulting with your officers?— When I first went, on the 9th of September, I did not go as a detective officer to be known to the world; I went secretly—privately.
3059 When you got any information, what would you do then?— I would immediately communicate with my officer, Mr. Secretan, in town. And even at that time, up to the 26th of October, the day of the police being shot, my instructions of what I would do, acting as I was at that time, were to communicate with Mr. Secretan. But if I at any time found any information that I could immediately work upon with the aid of the nearest police station, I was to go and get the police, and make an arrest if possible
3060 Upon your own responsibility?— Yes, upon my own responsibility.
3061 And you were permitted to do that throughout?— Yes.
3062 Then, as a matter of fact, were your actions in regard to the capture of the Kellys untrammelled by any instructions from your officers?— Yes.....
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