Royal Commission report day 40 page 3
Story of the KellyGang - the Royal Commission Report
The Royal Commission evidence for 28/7/1881
(see also introduction to day 40)
[[../../people/peU_Z/wardPdet.html|Det Michael Edward Ward]] giving evidence
14141 You have reported favorably upon the whole of that arrangement. A constable who was in the cave doing duty there says he believes it was well known they were there, and you did not send it in?— Why did not he report it to me—the cave party was over?
14142 Why did you not report it to your superior officer when he gave it?— Because I thought it was in consequence of a row between Barry, Mullane, and Falkiner, and having the reports of five other men, men who were in charge, whom I placed implicit confidence in, it was their duty to always report the moment it became known.
14143 You sent in this report after you had this No. 2 report of Barry's in your hand?— Yes.
14144 Which says he believed it was known he was there. You asked him to provide another report, which he did, and then you sent in a report in which you say, “Constables Hagger, Alexander, Armstrong, and Barry performed their duty to the satisfaction of the men placed in charge of them, and willingly obeyed all orders given by me by instructions of the Assistant Commissioner,” and so on. Those reports were not attached?— Those were not; they were in Barry's pocket.
14145 Barry gave those, and you said they would not do?— He gave them to Mullane, and he gave them to me, and I returned them to him when he asked me.
14146 After having seen that, and decided that that report could not go in, you furnish this report, leading the Assistant Commissioner of Police to understand that everything had gone right?— That report is correctly true, as far as they were concerned; they did everything I asked them to do; they told me they carried out the orders given; if they did not do it, they should report to me.
14147 Then we come to the one simple question, and the answer must be simple, that you were aware those men believed that it was known they were in the cave, and you did not report?— No, I did not report that.
14148 Were you aware it was reported at the depot, or known at the depot, that the presence of those men was known in that district?— I heard so.
14149 When?— I could not say what time, but I heard it.
14150 Do you remember how you heard it?— I could not tell how, but I remember I heard it.
14151 You cannot remember whether it was during the currency of the cave party, or after it was broken up?— I could not tell which. I know it was spoken of to me at Wangaratta before that, and I sent in a report and had it investigated. Steele said to me, “The men are having a severe time in the cave.”
14152 Have you any idea where that report is?— It is amongst mine; it should be in the hands of the Commission. I sent it in; Mr. Nicolson investigated it.
14153 Do you not see the position you place your superior officer in when you lead him to believe that everything has been done to your satisfaction, and you have the information before you, in your own hands, that it is believed the party were known to be there?— It was broken up then. They never said this until the party was broken up. What was the use of my having men there if they knew this, and did not come and tell me until the row commences between the non-commissioned officer and two men? Those constables themselves will tell you that it was Mullane that did all, and not me.
14154 What do you mean by doing all?— The way he asked for the reports, and the crossness, and the animus he always displayed towards them.
14155 We have no writing to show what Mullane was to ask for?— Where is my telegram? My telegram does not in any way direct Mullane to put any memo. like that on.
14156 On the first report Mullane puts this memo. “I have called on Constable Barry, 2710, for a report relative to how the special duty at Sebastopol was performed, and whether it came to his knowledge that the Byrnes, or any of the friends of the outlaws, were aware of the presence of the police at Sebastopol .” That brings out a second report from Barry . Barry 's first report says he does not know what to report. The second report is: “But as to whether the friends of the outlaws were aware of our presence there, I am not in a position to state positively, as I never had an opportunity of going among them to enquire; but Mrs. Sherritt, senior, has made statements to me, which I afterwards reported to Detective Ward, which would lead me to believe that the Byrne family were aware of our presence”?— He did not do that to me.
14157 The simple point is this, that that report was given to you, and you would not accept it, and you failed to let your superior officer know that such a report had been given to you, and let him remain in ignorance that one of the party there, at all events, considered that their presence was known?— But I knew that he did not speak to me. If you will please look at my telegram, you will see that my telegram in no way authorizes Mullane in any way to call for this.....
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