Royal Commission report day 19 page 21
The Royal Commission evidence for 13/5/1881
(see also introduction to day 19)
Sgt Whelan giving evidence
6415 Do you know any other case?— Well there was. I have the things entered in a book, and I forget them all now.
6416 You said you were in the habit of serving out the arms and ammunition to the men?— Yes.
6417 And most of the search parties passed through Benalla, and were under your immediate observation?— A great number of them.
6418 I think you stated the bank robbery in Euroa was in December?— 10th December 1878 .
6419 And Mr. Nicolson was relieved by Mr. Hare and Captain Standish?— Mr. Nicolson's eyes got sore on the trip to Fern Hills, and he was relieved after the trip to Euroa.
6420 When Captain Standish and Mr. Hare came up here, you say that Sergeant Porter came up here?— Yes.
6421 For what purpose?— To instruct me in the Martini rifle; I knew all the others.
6422 Anybody but you?— The men in the station, they were called into my office, and he instructed them; and me particularly in them, so that I was capable of instructing others.
6423 Mr. Nicolson says (Question 1003), “You say, on your return to duty in July 1879, were they all inefficient—you have your mind's eye on some particular men?— Yes, the men at Benalla.” Is it within your own knowledge that the men became inefficient in the use of arms from December, when Porter came up here, to the time the Superintendent-Inspector returned to duty in July?— The Martinis did not come up until December; the guns were sent up first.
6424 I will quote again—Mr Nicolson says, “When I took charge at Benalla in July, relieving Mr. Hare and Captain Standish, I found the men, notwithstanding their seven months' work, very ignorant of how to use their arms—the rifles—the most important arms of precision (the Martini-Henry), and other weapons with which they were armed. Some of them had lost their ramrods, others their sight-guards; some of them had never fired a gun in their lives (so they stated), and they had all the appearance of it.” “Ramrods are used for cleaning those guns?— Yes; they are fastened in the usual way. The guns are breech-loading.” “What were those men you alluded to?— Policemen.” “Were those the men you had selected for this special service, or were they there by accident?— They were the men left in my absence to continue the work.” “Those men you say, on your return to duty in July 1879, were they all inefficient— you have your mind's eye on some particular men?— Yes; the men at Benalla.”—Can you account for that inefficiency during the seven months?— I think the men were efficient, not inefficient.
6425 But you cannot account for any inefficiency?— No; there was one ramrod lost, to my knowledge, by Senior-constable Irwin.
6426 Would the loss of the ramrod make a man inefficient with arms?— No.
6427 Is the Martini rod used only for cleaning?— Yes.
6428 So, except for cleaning, it would not render it useless?— No.
6429 Did the men, in your opinion, deteriorate from December 1879?— No; I think not.
Cross-examined by Mr. O'Connor.
6 430 You stated when you were at Glenrowan you did not see me for a considerable time?— Yes.
6431 Will you state what time you first remember seeing me?— The first time I remember seeing you was when I went round to see Ned Kelly the station-house, and after leaving it I saw Mr. Sadleir then I saw you between the railway station and that drain.
6432 What time about?— Between one and two, to the beet of my belief
6433 When the prisoners were coming out, were you in a position to see them come out?— Yes; from the door.
6434 You could see Mr. Sadleir?— Yes.
6435 Did you see me?— You might have been there; I did not see you.
6436 Will you state to the Commission what you consider requisite to be a member of the police force—would swearing in simply make a man a member of the Victorian police force—is it necessary to be specially appointed?— Decidedly, and then sworn in.
6437 Then he must be appointed first?— Yes.
6438 Then it would be irregular if he was officially appointed before being sworn?— A man could not be. A man is appointed a constable, he has certain questions he has to write, and it is signed by the Chief Commissioner, to see if he is a fit candidate, and then he is ordered in, and told certain things he has to do.
6439 I want to find out is there a form—an official document—does a constable, when he is sworn in, or any man, have an official document to show for his appointment?— Yes, there is a form; he has to answer certain questions.
6440 He may be a member of the force without an official document?— Yes.
6441 If I was sworn in by Captain Standish under those circumstances, would I be, in your opinion, a member of the Victorian police force?— If you were sworn in as sub-inspector of the police of Victoria.
6442 I could not be sworn in as a sub-inspector?— Whatever rank, you would be sworn in to act and carry out the duties that would devolve upon you, and you would be gazetted in the Government Gazette.....
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