Royal Commission report day 49 page 3

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Story of the KellyGang - the Royal Commission Report

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The Royal Commission evidence for 6/9/1881

(full text transcription)

see introduction to day 49

Sup John Sadleir giving evidence

16664 By the Commission— How long after this information was given to Mr. Brooke-Smith was action taken; what action did he take at once?— I have looked carefully through the papers and cannot find that.

16665 He concluded the rumour was not confirmed and did not take action at that time?— Yes. The instructions under which I noted in sending Sergeant Steele to Beechworth and Rats' Castle were received from Mr. Nicolson , who was then on the only certain clue of the Kellys . In fact it was absolutely certain that they had been at Margery's, and it was so important that police should be placed so as to intercept their probable route from Margery's back to their old haunts, that unless the information at Wangaratta were of a much more positive character, I should not have felt justified in stopping Sergeant Steele's party. Sergeant Steele , who had the same information about Mr. Nicolson 's movements, would have been still less justified.

16666 What do you say about Mr. Brooke-Smith's action in the matter?— I do not know what action he took. I was never aware of what it was except by hearsay. I am inclined to think he had not an effective party at Wangaratta. I am only speaking from memory.

16667 We saw the books showing that he had six men?— Well, I have only a cloudy recollection of it, and I had nothing to do with the matter afterwards. The next point is the second search in the Warby Ranges , on November 12th, 1878 . This matter has been connected with the previous one, but my impression is that the two things had very little relation to each other. On the evening of the 11 th November I received a message from Mr. Nicolson, who was then at Wangaratta, that he intended next morning to search the Warby Ranges , on some recent information. Mr. Nicolson did not think much of this information, but connected it, I suppose, with the previous searches there. I went to Glenrowan on the morning of the 12th November, and found Senior-Constable Johnston waiting for me. This would be about half-past five o'clock in the morning.

16668 We understand this is the second search?— Yes.

16669 Then you have nothing whatever to say with reference to the first search made by Mr. Brooke-Smith?— I never had any knowledge of it, except from hearsay,—no knowledge personally.

16670 How long was Sergeant Steele coming back from Rat's Castle?— He returned on the 7 th November.

16671 Whom would Mr. Brooke-Smith report to what action he had taken with reference to that?— After the fifth he would report probably to Mr. Nicolson, who I believe was in Wangaratta that day.

16672 Did Mr. Brook-Smith, at the time you met Mr. Nicolson at Wangaratta, then report to you what he had done in the search—to both of you?— That is what I say. I think Mr. Brooke-Smith had sent a telegram to me at Benalla that the information was not confirmed, and I cannot go beyond that, as I cannot trace anything in the documents. I do not remember his speaking to me on the spot.

16673 Would it be his duty to send in a written report, and to whom?— It would, to Benalla, and I was the officer who would have got that.

16674 You never received any?— I cannot trace it.

16675 Do you know whether Mr. Brooke-Smith reported to Mr. Nicolson every night when he came in,—Have you any knowledge of that?— If he found Mr. Nicolson at Wangaratta I have no doubt he would report.

16676 But we have the proof here that Mr. Nicolson was not at Wangaratta; he came to Wangaratta on the 5th?— Yes.

Mr. Nicolson — I came from Wodonga, the banks of the Murray .

The witness — I have a distinct recollection of seeing reports from Mr. Brooke-Smith, at Benalla, on the subject, in that interval between the 3rd and the 6th.

16677 Would those reports be in existence?— Yes.

16678 Do you remember the exact date on which Sergeant Steele went to Rat's Castle?— Yes; the 3rd November.

16679 Then, on the 3rd November, in the evening, Mr. Brooke-Smith would receive the information of the supposed appearance of the Kellys?— Yes, late at night, ten or eleven, I think.

16680 Then, on the 5th, Mr. Nicolson returned from Wodonga to Wangaratta?— Yes.

16681 And the question we want to know is what was Brooke-Smith doing upon those two days—the 4th and the 5th?— I can only speak from recollection, but I think he made those inquiries, first reporting that the matter was not confirmed, and I think he made a further report.

16682 We have it from Senior-constable Johnson that Mr. Brooke-Smith left Wangaratta on the 6th November 1878 with a search party ?— He should have, in that case, reported to Mr. Nicolson, and received instructions from him.....

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