Royal Commission report day 19 page 12

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The Royal Commission evidence for 13/5/1881

(full text transcription)

(see also introduction to day 19)

Sgt Whelan giving evidence

6202 If you were in charge of the district and had to commence again the search for the Kellys, what system would you pursue—by search parties and harassing or by endeavoring to get them by secret service?— If they had not got a bank and had not plenty of money, I would run them down. They would have to clear out of the district, and if they did we would catch them; but having plenty of money from the bank, and having so many friends, not only blood relations—too many for the game.

6203 How many years have you been in this district?— After I joined the service in 1856, I went to the Upper Ovens.

6204 How long have you been about Benalla?— I have been about going on seventeen years.

6205 You stated in your evidence that when Mr. Hare left the field at Glenrowan, as a matter of usage and according to the regulations, Senior-constable Kelly being the senior, upon him would devolve the charge of the Victorian police?— That is my opinion.

6206 Was it the case that Mr. O'Connor was not then in the Victorian police?— He was only then in charge of the troop of trackers, as far as I know.

6207 As a volunteer or as an officer of the Victorian police?— I do not think he was appointed an officer up to that time.

6208 Had he ever been an officer of the Victorian police before that?— Not to my knowledge.

6209 Could he have been without your knowledge?— I think not. I have seen the gazetted list of all the appointments.

6210 Were his head-quarters Benalla?— Yes.

6211 Were you the second officer in charge after Superintendent Sadleir?— Yes, I was the next.

6212 After ie went away, you would be in charge and give orders?— Yes.

6213 Was Mr. O'Connor, during the time he was here with his trackers, recognised and known among the force—did you know him as a Victorian officer?— I did not.

6214 Then, as a matter of fact, Senior-constable Kelly would be in command without any order at all?— According to the regulations, the next in rank has to take it and is held responsible.

6215 About Mr. Wyatt, you say the first information you got of the Euroa was from the telegram from the Chief Commissioner?— Yes.

6216 How soon afterwards did the constable come and inform about the Euroa robbery?— When I was at the telegraph office repeating the message to Mr. Nicolson, at Albury, Constable Anderson came to the station, and when I returned down from the telegraph office to the police station I found him there, and asked him what he knew.

6217 Did he tell you the bank had been robbed, from information he had received from parties who had been robbed?— He said he heard it at the railway station; and I said, “You have very little information;” and he said he came up to the station and heard the bank was robbed. The train was going, and not having time to telegraph, he jumped into the train and came here and came off, and I returned him with the other men to Euroa.

6218 About this information; you said he jumped into the train and came here—where did you see him?— At the police station.

6219 What o'clock?— About a quarter past twelve .

6220 How long from the information he gave did you conclude he had heard the information of the bank robbery?— The train takes an hour and a quarter from Euroa, and the train is due here at half-past eleven or a quarter to twelve.

6221 Did he tell you that, after the bank was robbed, and before they knew the actual robbery, that it had been reported to him in Euroa that something was wrong with the bank because the doors were open?— No.

6222 Would you be surprised to learn that the people at Euroa had informed him early in the evening that seeing no lights in the house, and seeing the doors open, they thought something was wrong; did he tell you that?— No.

6223 Did you hear that?— No.

6224 Then all he reported to you was that the bank was robbed at Euroa?— Yes, he heard it on the railway station.....

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