Royal Commission report day 48 page 10
The Royal Commission evidence for 1/9/1881
(see also introduction to day 48)
'Sup Francis Augustus Hare giving evidence'
16421 Was he one of your men?— He had served under me at the barracks. He was not a man in my district. He had been out in the party. I said to him, “What is going on?” and, after some conversation, he said, “I do not know that very much is going on; but,” he said, “there is a cave party up at Beechworth, and has been there for some time.” “What are they doing?” I said. He said, “They are watching Byrne's house.” And nothing more transpired. The next morning, I think—the morning Captain Standish came to the Depot—we were talking about the Kelly business, and I casually said to him “If Mr. Nicolson thinks that cave party is not known, it is talked about in the Depot.” That is all I knew or did about it, and it was my duty to tell Captain Standish .
16422 Johnson did not communicate it in any spirit of dislike to Mr. Nicolson?— Not the slightest Nor did he give it officially. Nor did he reflect on it in any way—He merely said it.
16423 He might have the best intention in suggesting to you that the cave party was known?— He did not even tell me that. He merely said that Mr. Nicolson had the cave party.
16424 He did not imply he was finding fault?— Not in the smallest degree.
16425 Is it the duty of the inspector of police to visit the district at any given time?— No.
16426 Or when he is sent by the superintendent?— Which?
16427 The superintending inspector. Does he visit by himself, or is he sent out?— He gets direction from Captain Standish to visit a certain district.
16428 Are there appointed periods for inspection?— No, at irregular periods.
16429 When was your district—the Bourke district—last inspected?— By Mr. Nicolson some years ago. I have no doubt you have got the date there; I cannot tell.
16430 When was your district inspected last?— I do not remember.
16431 Did you ever have any objection to Mr. Nicolson inspecting your district?— No, not that I remember—not the slightest.
16432 You never expressed any?— No; it is some years ago. I have no recollection whatever of expressing a wish that he should not visit it.
16433 When you went up to Glenrowan, upon information, at the time that Aaron Sherritt was shot, and were made aware that the Kellys were in the immediate neighborhood of Glenrowan?— I was not made aware of that. When I got out of the train I saw the engine ahead of me, and I walked towards the train. I met the guard and then the engine-driver. They told me that a man, who said he was a schoolmaster—they did not known his name—Had said that the line had been pulled up, and the Kellys were going to catch the inspector and the black trackers; and I had my doubts whether it was not a trap, and on the train I said to the man, “Do you know whether the rails are pulled up this side or the other side?” and he said he could not tell. Upon that we kept our eye upon the line as we went up to the station.
16434 When you made the attack on Mrs. Jones 's house, after Constable Bracken came out, and you were made aware of their being there, was it your idea of the proper military method to go upon to say, “For God's sake follow me; let us rush at them.” You did not organize your force?— I thought I did. You must remember that circumstances alter cases. Here is a man who tells me, “For God's sake go quickly, otherwise the Kellys will escape.” I waited till my men surrounded me, and then I went away with them. It has been asked me, “What did you intend to do?” The only answer I can give is this—to find out whether the Kellys were in Jones's or not. Having found that out, I would have surrounded the house and not let a soul escape, but in making that discovery I got shot. The men attacked us, not we them. As to military tactics, I know nothing about that. We were told to go and catch the Kellys ; there is no such nonsense as military tactics in it.
16435 If you were rushing at the house, expecting the men to be present, you would have seen you had not sufficient men with you?— I had plenty of men, I think, four or five being close to me.
16436 What was your idea on that morning when you left, with reference to Mr. O'Connor's position?— I differ entirely with Captain Standish's evidence on that. I fancied that in case of my being injured or killed Mr. O'Connor would have taken command, and I have no doubt there was not a man on the ground in my party who would have disobeyed an order from Mr. O'Connor, had he given it. I know nothing at all about the volunteer idea; there was no such thing; the only volunteer there was Rawlings .
16437 You recognized Mr. O'Connor as an officer of the force?— Beyond a doubt I did; and I think he was recognized all the time he was in the district as such, although he never interfered with the men.
16438 Then you consider he was left in command when you left?— I do, decidedly. I called upon him, I called upon Kelly , my next in command, and to both of them, and impressed on them not to let the Kellys escape, when I left on the first occasion.....
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