Royal Commission report day 2 page 1

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The Royal Commission evidence for 24/3/1881

(full text transcription)

(see also introduction to day 2 )

Charles Hope Nicolson giving evidence

THURSDAY, 24TH MARCH 1881

Present:

Hon. F. LONGMORE, M.L.A., in the Chair;

J. H. Graves, Esq., M.L.A., W Anderson, Esq., M.L.A., G. R.

Fincham, Esq., M.L.A., James Gibb, Esq., M.L.A., G. W.

Hall, Esq., M.L.A., E. J. Dixon, Esq., J.P.

Charles Hope Nicolson sworn and examined.

325 You are desirous of just making a statement now?- Yes.

326 To be cross-examined upon hereafter?- I am just ready for both statement and cross examination.

327 What is the position you occupy?- Acting Chief Commissioner of Police.

328 Since when?- About the month of July 1880

329 What was your position in the police prior to that?- Assistant Commissioner of Police, and Inspecting Superintendent; when I was appointed the former it was stated that that was the more appropriate appellation for the duties I was performing-I mean the Assistant Commissioner of Police, to which my grade was changed, as it better expressed my duties.

330 How long?- I was appointed Assistant Commissioner a very few months before that.

331 About that time?- A few months prior.

332 I think it will be better for you to take the course that Captain Standish took yesterday, and just explain your proceedings in connection with the Kelly outlaws?- Yes. On the 28th of October 1878, Monday, I received instructions from Captain Standish to proceed at once to Benalla as some news had arrived of the murder of a constable, Constable Scanlan, and some other serious catastrophe had taken place. I arrived at Benalla that evening. I found that evening the town of Benalla, and even people along the railway line, in a state of great excitement. When I reached the station Mr. Sadleir, the superintendent of the district, was away on duty in the north of the district towards Shepparton, I believe. Next morning Mr. Sadleir, in the course of the forenoon, arrived on horseback.

333 Will you fix dates?- That was the 29th. Mr. Sadleir had very little news of the matter at that time. He rested for an hour and proceeded on horseback to Mansfield, the scene of the outrage. On the 29th some police had been sent up, but the police were a very small number there.

334 About how many?- Throughout the district there were not about 50 or 60 mounted men, exclusive of 40 or 50 foot constables.

335 For the whole district?- Yes, at that time, but more men had been sent up, and along with me some foot police were sent up and a few mounted men.

336 How many?- I am not aware how many. They were not sent to Benalla, or with my knowledge. They went in the train with me and went on, having received their routes to other parts of the district. In the course of the next day, and very soon afterwards, reinforcements arrived. It was the time Sergeant Kennedy's body had not been found, and Mr. Sadleir returned to Benalla after despatching the search party from Mansfield which found his body.

337 How long was that after he went up?- About the 30th. There were also two other parties at first when I arrived, which were unaccounted for, about which there was considerable anxiety-those two parties of police that went out at the same time that the other was out....

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