Royal Commission report day 2 page 19
The Royal Commission evidence for 24/3/1881
(see also introduction to day 2 )
Assistant Commissioner Nicholson giving evidence
590 You would have thought it wise not to communicate what was existing in your mind at that time to Captain Standish?- My mind was not so completely made up as to arrive at any definite conclusion as to what I would do; but that is what I felt, that a lot of this was a useless system, galloping over the country.
591 You say that you had written to a private friend to say you considered the system hitherto pursued by yourself, from your experience, was inoperative. You came to that conclusion about the time of the bank robbery?- Yes.
592 And you wrote that to a private friend?- I can produce the letter.
593 When you were relieved from duty in consequence of your eyes being sore and this tremendous hardship you had to undergo, when you came down you did not communicate to Captain Standish about this conversation?- No.
594 Can you say whether you did to your successor, Mr. Hare, then or at any subsequent period?- I had no communication with him.
595 Did you go on leave when you came down here, or go on duty at once?- I went on duty from the day I came down from Euroa; I arrived in the evening, and I went next morning.
596 Had you interviews with your chief after you arrived from Euroa, and while Mr. Hare was in charge in your place?- No; the Chief Commissioner came down two or three times from Benalla to Melbourne, and he never spoke to me about what was going on. He was exceedingly reticent.
597 You did not carry on a correspondence with him while you were in Melbourne doing duty, telling him verbally or by official communication that you considered the system of riding after the Kellys would be inoperative?- You had better ask him, but I have no recollection of it. When I came down to town-when I was in town in charge of the department, on every occasion that Captain Standish was called down to town by the Government, and it was very often he would be in my office, and he was most remarkably reticent, and never would give me the slightest information-I would not ask him. At the same time, I always asked him, "Do you wish me to go up, I am ready to go at any time?" That was all that passed between us, and he would shake his head and say nothing, and I knew nothing from that time of what was going on in the country.
598 You then resume duty in that district yourself, relieving Mr. Hare?- Yes.
599 Did you then continue the system you considered would be inoperative?- No.
600 You carried into effect what your feelings were as to what ought to have been done in the first instance?- I did so; but I may explain that I began in this way, that the force was reduced by a very considerable number. That was when I resumed duty.
601 When was that?- About the 6th July 1879.
602 Did you make any private reports during the time you were on duty here. You left on the 13th of December, and you resumed duty in the district in the following July; did you, in the meantime, communicate either by official communication to the head of your department, the Under Secretary, or to the Chief Secretary any opinion as to how these men could be brought to justice?- I did not; I had no conversation with Sir Bryan O'Loghlen on the subject, because I could see he was in correspondence with Captain Standish.
603 Was Captain Standish then discharging the duties?- Yes, in pursuit of the gang; I was acting as Chief Commissioner.
604 When he took charge himself he assumed the position you had held ?- Yes.
605 And Mr. Hare was acting under him?- Yes.
606 And when you came to town you did the ordinary routine office work of Captain Standish?- Yes.
607 Had you then in any official communication with the Acting Chief Secretary, Sir Bryan O'Loghlen, suggested how the Kellys might be brought to justice?- No; I knew at the time I had no knowledge of what was going on, and all communications at that time with the Government were with Captain Standish.
608 Directly with him and not through the office?- Yes.
609 At the time you left Benalla from ill-health, and having gained the experience which you necessarily must have had as a vigilant officer, does not it strike you now as extraordinary that you did not advise with your successor or with your superior officer-as to the best course to be adopted in the interests of the public safety?- My relations with Captain Standish at that time, when I was in town, were against my doing so. ..
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