Royal Commission report day 42 page 15

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The Royal Commission evidence for 3/8/1881

(full text transcription)

(see also introduction to day 42)

Mr James Wallace giving evidence

14829 And you saw me at Wangaratta as well?— I did.

Mr. Nicolson asked for a letter to be read.—[ The following letter was read, not signed:—] “ Melbourne , April 19, 1880.—J. H. Graves, Esq.—Dear Sir,—In laying before you the following statement relative to the police force and the Kelly gang, I trust you will excuse the liberty I have taken, but I hope to justify my action by the following facts. As you are aware, the outlaws have now been at large over eighteen months, and the question arises in one's mind—Are they ever to be captured? Well, I will endeavor to the best of my ability to explain; the cause of their being still at large, from the time of the police murders at Mansfield up to the present, has been but a complete failure of the Police Department. I will begin my narrative at the Euroa bank robbery. How the outlaws eluded the police there can only be accounted for in one way, and that was negligence of duty by Mr. Nicolson , who was then in charge of the search party there. There should be an enquiry instituted about this particular case. Why the members of the force were delayed at Euroa for hours after the outlaws were gone is a serious matter, and ought in justice to every member of the force to be cleared up. That a serious blunder was committed there can be no doubt, and it is the only reason the Chief Commissioner had for ordering him to Melbourne on a pretext of having bad eyes. Another case similar happened shortly afterwards at Beechworth, when valuable information reached the constable in charge that the outlaws were in the vicinity. The constables, five or six in number, decided to proceed at once, and when everything was complete and ready to start, an officer dropped in, and ordered them to remain in barracks, and went for orders, which they were obliged to obey. The consequence of this delay was, that when all the usual red tape routine was gone through, they surrounded the hut, in three days after the information reached Beechworth. The Kelly gang had decamped the day previous. There is something very singular in this case. When this particular hut was surrounded there was almost as many officers present as constables. The question arises—Were these constables delayed for the purpose of collecting all the officers in the district to be present at the great charge of Sebastopol , as it is now termed? Had these six constables been allowed to proceed at once with the informer, the Kelly gang would now be a thing of the past, as it has been proved beyond a doubt since that the outlaws were there twenty-four hours after the information reached Beechworth. This is two instances in which if proper and prompt steps had been taken the gallows would have had its victims. Mr. Nicolson has resumed his old position in charge, and what he has done towards capturing the outlaws I am not in a position to say. There has been a secret party of police in charge of Detective Ward at Beechworth for the last four months, watching Mrs. Byrne 's house. This party of police were going to succeed at once. The gang, who were always supposed to be visiting Mrs. Byrne , were to be sold by Aaron Sherritt , who is engaged at a very high salary by the Police Department. And it is well known that Sherritt did assist these outlaws when they first turned out, and will assist them again, and I would not be the least surprised but what he carries all the information about the police movements to the Kellys; yet this is the man that A.C. Police places his confidence in. The party is now withdrawn, on account of the outlaws' friends knowing what the police were up to. And it seems to me that the party was nothing more nor less than a complete farce, as the Byrne and Sherritt families are great friends, and both know as much as the police about the secret party. In fact Detective Ward has expressed himself on several occasions to some of his friends in Beechworth, previous to the party going out, that he knew there was nothing in it, but he must do something to curry favor with Nicolson . And at the proper time evidence will be brought forward to prove my statement true. At the present time there are men in the district who had been picked out for their smartness and activity, and they are not allowed outside barracks, for fear of them hearing anything about the murderers. There are also stationed in the district six black trackers from Queensland . The Government finds them in good clothing, and also a constable and sub-inspector to look after them. To me it seems monstrous that a sub-inspector is required to look after six black trackers at £50 per month, also horses to sport his figure on. At the lowest estimate, the trackers cost the country about £130 a month without horses, and in their first attempt at tracking two men escaped from Lancefield to Sandhurst on foot. That does not speak much for their abilities as black trackers, and I may state that those members of the force who have had an opportunity of judging of their capabilities are of opinion that they will be the cause of the outlaws escaping on the next attempt at sticking-up a bank, as no one was allowed to go in pursuit of the robbers at Lancefield for fear of obliterating the track. The same thing will occur again. The members of the Victorian police force, who are all desirous of meeting their comrades' murderers, are to wait behind, these trackers crawling along at the rate of three or four miles an hour after men who are travelling at the rate of fifteen or twenty miles an hour until they are safe in their old haunts again with their plunder; there to remain and laugh at the futile efforts of the police to capture them. Unless some alterations are made very shortly, I am afraid that very little security to life or property we need expect from the police. If the police require strengthening in the North-Eastern District, it is not for the purpose of confining the members from where the crime is committed; and in place of the Kelly gang being allowed to rest and mature their plans for the future, the police should be allowed to exert themselves to their utmost to capture them, and not wait for the Kellys to walk into some police station and give themselves up as prisoners. I will now finish my remarks with a few suggestions, and I beg that you will be good enough to use your influence on behalf of the many who are of the same opinion as myself on this subject, and I trust you will bring under the notice of the Chief Secretary the present helplessness of the police force to capture the Kellys. In my opinion, those men that are hired at a high salary should be dispensed with. If Aaron Sherritt or any of his class ever intended to sell the Kellys , they would have done so long ago for the £8,000, and the department would not be the laughing-stock of the outlaws and their sympathizers. Fancy a man in his proper senses engaging Aaron Sherritt to sell the outlaws. Why he would rather cut his arm off. The fact of it is Ned Kelly 's best friends are engaged by the department, and why are they engaged is the question. If there are not men in the force capable of doing any duty that is required of them, the whole force should be disbanded. Are the trackers required? If they are not, they ought to be sent to Coranderrk, and it would save the country £130 a month at the very least, and the sub-inspector could return to Queensland , as he is never troubled with the trackers. Is Detective Ward and the Assistant-Commissioner capable of outwitting the outlaws? My answer is they are not. What they have done up to the present time is nothing, and I believe they will continue doing nothing, and the Kellys will reign until they die a natural death. I will now conclude, hoping that you will bring this subject before Parliament, or under the notice of the Chief Secretary, and save the country from further needless expense, as I am certain that, with a change of officers, and a very little skill, the Kellys will soon be brought to justice. I am, in meantime, yours obediently, —.....

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