Royal Commission report day 41 page 10

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The Royal Commission evidence for 2/8/1881

(full text transcription)

(see also introduction to day 41)

Const Thomas McIntyre giving evidence

14390 By Mr. Sadleir — Did you know that Sergeant Kennedy had some instructions from me?— Yes.

14391 Did he read them to you?— Yes.

14392 Can you say when you first read them— “It seems to be certain that ‘ Ned Kelly ’ is in the neighborhood of Greta , or from thence to Connolly 's and the bogs near the Wombat. I am very anxious to make some special efforts to have the matter set at rest, and his apprehension effected, if possible. I have consulted with the senior-constable in charge at Greta , and it appears that there is not much likelihood of him and the constable with him there doing much towards arresting Kelly , or even disturbing him from the neighborhood. It has been proposed to collect, for the purposes of a thorough search, what constables are in the district who know Kelly personally, sending say two of them to Mansfield to act with Sergeant Kennedy from that end, and the others to act with the Greta police, and to search simultaneously up and down the King River and neighboring places. I shall be glad to receive any suggestions that Sergeant Kennedy may have to offer on the subject, and whether he is of opinion that anything might be gained by his coming here for a day or so to consult with the sub-officer taking charge of the party starting from the Greta end—that is, supposing this expedition should be determined on.” Did you hear of that?— I did not.

14393 Did Sergeant Kennedy convey to you any caution as to the matter being dealt with by every one concerned as confidential?— Yes, he said it was confidential; that our departure was not to be made known; to go as quietly as possible.

14394 Did you exercise any precautions?— Yes; started before daylight.

14395 Did you communicate your purpose to anyone?— No, I did not.

14396 Are you aware whether it was communicated to anyone?— I have not heard. I think it as not, to the best of my knowledge.

14397 Do you remember any conversations with Sergeant Kennedy on the subject. Did he ask your opinion anyhow, one way or the other, in view of this journey?— He often spoke about the Kellys , even before that.

14398 In view of the instructions he had received to go out at some future time, did he consult and take your opinion?— We spoke about the matter very freely; but I do not remember being asked for any opinion.

14399 This is his report—[reading the same, vice Question 1741 above]. Did Sergeant Kennedy ever speak to you in that strain?— No; I certainly cannot remember that he did. He said he supposed them to be in that immediate neighborhood. He said he received instructions from you to go to Hedi and meet the other party of police, and hold a consultation as to the best way to scour the bush.

14400 You are not aware that Sergeant Kennedy , shortly before he went out, came to Benalla to meet the man in charge of the Greta party?— Yes.

14401 Did he tell you any of the proceedings determined on by those men?— Only what I have said that our two parties were to join at Hedi and have a consultation.

14402 You do not mean that the object was to meet there and go back?— No.

14403 What was the object?— It was thought, as far as I could understand, that there would be a consultation held and some plan adopted for a thorough search.

14404 When the two parties met?— Yes.

14405 By the Commission— Did you think his conduct strange in leaving you where you were and going out into the ranges with Constable Scanlan without letting you know anything at all of what he was going to do?— No, I did not think at the time it was strange. He told me he was going to patrol the country.

14406 You should give the exact meaning of the word patrolling—is it looking over the country and so on?— Yes, and searching for the Kellys .

14407 You understood then he was going to search for them?— Yes, to search for them and make himself acquainted with the country. I did not know they were in that neighborhood, and I thought he did not at the time.

14408 Did you ever hear that a man named Tolmey showed where the Kelly camp was?— No, he showed the place w hero we were to camp ourselves.

14409 By Mr. Sadleir— The country lying towards Greta from where you were, was that almost unknown to you?— Yes; Kennedy and I had been over it before, but we followed a blazed line to Glenmore. The country to Greta we did not know.

14410 By the Commission— Is it the mountainous country?— Yes, rangey.

14411 Difficult to ride through?— Yes.

14412 With regard to that watch of Sergeant Kennedy’s—did you ever see that?— Yes.

14413 Was there any inscription on it?— That I could not say—it was not a presentation watch.

14414 You are sure of that?— He told me so himself.

The witness withdrew.....

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