Royal Commission report day 18 page 17
The Royal Commission evidence for 11/5/1881
(see also introduction to day 18)
'Constable Alfred John Faulkiner' giving evidence
5709 You say he was with Mr. Nicolson?— I say he rushed the place, and I believe Mr. Nicolson was with him.
5710 By the Commission. —Will you take upon yourself to say whether Mr. Sadleir was with that party or not?— I will not.
Mr. Sadleir . —What is the good of my asking questions if he does not know I was there?
5711 By the Commission. —In your evidence you said that Mr. Nicolson led the party?— I believed it was he.
5712 Are you sure now?— Well, I would not be. I understood it was he that picked them out.
5713 Do you now take upon yourself to assure the Commission that Mr. Nicolson was the officer in charge of the party that rushed the house?— No, I cannot.
5714 Do you know whether Mr. Sadleir was there or not?— I believed he was, but I do not know for certain.
5715 Can you swear positively as to any of the men that were there?— Constable Bracken.
5716 Any others?— No.
5717 How many accompanied the officer?— Four or five.
5718 And the only one you identify is Bracken?— Yes.
5719 By Mr. Sadleir. —Did you not see me take a party and start with Mr. Nicolson?— No; I might have taken you to be a constable.
5720 Might have taken me to be a constable—How long were you in the district?— Since October 1878.
5721 Had you seen me before?— I do not think so.
5722 Were you in the service in any other district?— No.
5723 How many men there did you see that you know?— Lawless.
5724 Would you know the district men?— No, I did not.
5725 You say your party, Steele’s, and Flood's joined about two miles out of Beechworth?— I cannot say the exact distance.
5726 Did you see another party start at the same time?— I saw a party go out at the lower side of the creek.
5727 How many men?— I think Steele was in that lot. I went to the other side, that was the party I went with.
5728 To Mr. Sadleir. —Is the evidence true; did Mr. Nicolson lead one party against the house or not?— Yes.
5729 Was Bracken one of that party?— No, he was with me.
5730 By Mr. Nicolson. —You must remember Bracken coming to the door with me, and Bracken's gun going off—(to the witness)—did you hear the gun go off?— Yes.
5731 Was it Bracken's gun?— Yes.
5732 By the Commission. —How long before that did you recognize Mr. Nicolson as loading that party?— Just when they bogan to pick the men out I understood it to be Mr. Nicolson.
5733 Did you know Mr. Nicolson's appearance?— No, I could not say I did; but I was told it was he.
5734 And you saw somebody picking out the men?— Yes.
5735 And this body of men advanced, and Bracken was amongst them?— Yes.
5736 And you heard a gun go off?— Yes; and the two horses they had dismounted galloped off through the old shed.
5737 By Mr. Sadleir. —Is the witness to be tied to that, that Bracken was with Mr. Nicolson's party at starting?— I know he was at the house.
5738 You said that Mr. Nicolson picked four men, and Bracken was there?— I believe he was.
5739 You said you had no instructions that morning?— No.....
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