Royal Commission report day 48 page 8

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The Royal Commission evidence for 1/9/1881

(full text transcription)

(see also introduction to day 48)

'Sup Francis Augustus Hare giving evidence'

16386 To your superior officer, Captain Standish?— I did write to him privately but not officially because there would have been an enquiry about it. I said Mr. Nicolson had left me without giving information.

16387 Did that impression suddenly occur to your mind, that Mr. Nicolson was withholding information?— No. I merely said it was his duty to have given all the information instead of referring to Mr. Sadleir , and I made a minute that night, which I can produce.

16388 It strikes me that, if at the time you were struck with the impression that Mr. Nicolson (who was relinquishing charge) withheld information, you would naturally have remonstrated with him?— No; he was my superior officer. I said nothing to him, and stood passively by, receiving what I could get.

16389 You made no complaint to him?— No.

16390 Did not Captain Standish upon several occasions indicate to Mr. Nicolson that he had no confidence in the secret spy system?— I do not remember; I was not with him on any occasion when he was with Mr. Nicolson.

16391 Did he tell you at any time that he had told Mr. Nicolson that his secret spy system was no good?— I do not remember his doing that. He did at a private conversation—not officially.

16392 Have you become aware from the evidence that he ridicules the spy system?— Yes

16393 Had you any conversation with him before you went up, when he slighted that spy system?— No. I do not remember his giving any advice then. He inspected the depot twice a week; at ten o'clock in the morning, he told me that I was to go to Benalla to take charge of the Kelly business. Then, in the afternoon, I saw Mr. Ramsay , and then a month elapsed before I was sent up.

16394 You did not hear him make any remarks about the inadequacy of the spy system?— He gave me no information, and no advice. Mr. Ramsay said I was to go, and do what I liked. Captain Standish did not advise anything about the spies.

16395 You mention a telegram to Mullane. The telegram is, “Send Constable Armstrong back to his station.” This was from the Benalla railway station, 6 p.m. You remember his explanation of that, that he remembered that had been spoken of, but that he only remembered it just at the instant he went to the station?— Yes, I heard that.

16396 “ Send Constable Armstrong back to his station. Withdraw watch party, and send them to duty.” What watch party was that?— In Aaron Sherritt's house.

16397 “Any further orders from Superintendents Hare or Sadleir? Detective Ward already instructed that no further authority for money or supplies to Tommy or his friends.” Was that not simply a notification that those men were to come to you for instructions?— No, certainly not. The other agents did not come to me for instructions.

16398 Could you not have known from Superintendent Sadleir all about this man?— He did not tell Mr. Sadleir about it, or give him a copy of the telegram.

16399 Do you mean to charge Mr. Nicolson with having done this covertly for a purpose?— That is for you on to decide. I merely give you the facts.

16400 He does not stop Tommy or his friends by this telegram from co-operating with you?— No. But you must remember I never saw that telegram till I saw it before the Commission. I was going upon the words Detective Ward to me on the morning he came down from Benalla the day after I arrived there. He said, “ Mr. Nicolson has instructed that Tommy and all the people are to be discharged.”

16401 Mr. Nicolson did not give that instruction apparently— “Detective Ward already instructed that no further authority for money or supplies to Tommy or his friends”?— Yes; that was not the statement that Detective Ward gave me, but still I contend that should not have been sent without a copy being sent to me at the office, or Mr. Sadleir informed.

16402 There is one question I would like to ask you with reference to Mr. Nicolson's leaving Benalla—do you know whether he had any special instructions to leave Benalla soon after you took charge?— I do not think so. A letter of Captain Standish's, which has been put in, shows that Mr. Nicolson was directed to hand over and give me all the information, and then leave, and he left at night. I thought he would have stayed with me for two or three days.

16403 Then you did not at the time think of that as a matter to charge Mr. Nicolson with having done any wrong towards you when he left—so soon after he left?— No, I do not; but I told Captain Standish that, and as I told you before, I did not wish to make any enemies. I went up as a kind of enemy of my brother officers, and I did not wish to say anything about it then.

16404 Were you aware at that time whether there was a feeling amongst the officers that Captain Standish was unduly favoring you?— Yes, I was; but I always pointed out to them that I did not see where the favoring came in, that I had to do the work, and I got no reward.

16405 Did you ever make representations to Captain Standish yourself, when you were asked to go upon any of those duties, that there were superior officers who had claims?— On every occasion I did. When I met him at Euroa, the first time I went up, I said— “Standish, it is too bad your ordering me up here and making me go through the business of undertaking this work,” for I knew if the Kellys had been caught whilst he was up there, that he, being in charge, would get the credit, and that I should have done the work.....

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