Royal Commission report day 50 page 16

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Story of the KellyGang - the Royal Commission Report

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The Royal Commission evidence for 7/9/1881

(full text transcription)

(see also introduction to day 50)

[[../../people/peN_P/nicolsonPAC.html|Ass Com Charles Hope Nicolson]] giving evidence

16907 That was one of the strong objections?— Yes, and the unsuitableness altogether. A stable, with mounted men, is expected to be kept the picture of cleanliness, and this was kept in the most slovenly manner, and it was teaching the young men who were going out into the country very bad habits. This is a declaration on the subject:—“1, John Fegan, of the Police Depot, St. Kilda road, sergeant and instructor of mounted police, make oath and say:-In the year One thousand eight hundred and seventy-six, I was sergeant and mounted drill instructor in the Police Depot at Richmond. Mr Assistant Commissioner Nicolson (who was then inspecting superintendent) made an inspection of the depot in or about April , One thousand eight hundred and seventy six. In going through the stables, Mr Nicolson drew my attention to the men doing stable duty (cleaning horses, &c.) in uniform, and asked me for an explanation. I said I could not explain the origin of it, but it was according to order. Mr Nicolson asked me if I had seen the men in any cavalry regiment I had been in, or any other mounted service I was acquainted with, attend stables in uniform. I replied no. Mr Nicolson then called two troopers and enquired about their uniforms. I do not remember exactly what passed between them, but I believe it was to the effect that troopers could not do with less than three or four pair of pants each under the then arrangements. I know, of my own knowledge at that time, that it was necessary for a recruit on joining to have three pair of pants, and, as he could have no old uniform, to use his military boots (which cost three pounds a pair) in stables. No alteration was made with respect to this matter until November, One thousand eight hundred and eighty, when the Acting Chief Commissioner ordered that the men should be permitted to attend stables for the future in fatigue dress, which mean” any half-worn plain clothes they may have. I have served in Her Majesty's Life Guards and in the Irish Constabulary, where I had an opportunity of seeing the manner in which stable duty is performed by cavalry men in Her Majesty's service in England and Ireland, and it is invariably the custom there for the men, when engaged in cleaning their horses or stables, to dress in fatigue dress. That, in my opinion, the men do their work better, with more ease, and with less expense to them selves under the present arrangements, than they did when obliged to do it in uniform, and are able to appear cleaner when on parade. – JOHN FEGAN . Sworn at Melbourne , in the colony of Victoria , this fifth day of September, One thousand eight hundred and eighty-one before me —Frank Madden, a Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits.” There was an allusion made by Mr Hare about his sending men, when he came out, watching so many houses of the sympathizers, that it compelled the outlaws to break out, and amongst others he stated that the Harts' house, near Wangaratta, was one. Here is an affidavit on that subject:— “Wangaratta, 6th September 1881 . I, Arthur Loftus Maule Steele of Wangaratta, sergeant of police, make oath and say:—

1st. That during the month of May 1880, I received instructions from Charles Hope Nicolson, Esq., Assistant Commissioner of Police, to place a party of police at Three-mile Creek, to watch the residence of Richard Hart, senior.

2nd. That, in accordance with such instructions, I placed a party of police at the Three-mile Creek, and had the house occupied by Richard Hart, senior, watched.

3rd. At the time Superintendent Hare took charge of the pursuit of the Kelly gang, during the month of June 1880, Hart's house was being watched by a party of police from Wangaratta between the hours of 9 p.m. and 4 a.m. every night.

4th. When Superintendent Hare came to Wangaratta, a few days before the capture of the gang, and during the month of June 1880, he asked me what duty my party was doing in connection with the pursuit of the Kellys, and I informed him that we were watching Hart's and Byrne's alternately.

5th. He said I had better continue this duty, as he considered it was the best we could be employed at. –A. L. M. STEELE . Sworn at Wangaratta, in the colony of Victoria , this 6th day of September A.D. 1881, before me — Fred. J. M. Marsden, a Commissioner of the Supreme Court of the Colony of Victoria for taking affidavits.”

Up to the time I left the place was watched. Captain Standish , being asked about the cause of the outbreak, has alluded to the manner in which that district had been officered for a number of years back. You can see that officers were not more that six years in the district, and some not more than six months; and that I give as one great reason of the outbreak, want of knowledge of the district owing to the frequent removals. This return will, I think, show that-[handing in a return, which is as follows:]-

LIST OF OFFICERS in North-Eastern District from 1854.

Officer Approximate date of
Arrival Departure
OVENS DISTRICT – Officers in charge of district
Senior-Inspector R O'H . Burke —1854 — 1856
Inspector Joseph Mason July 1856 —1856 Apparently temporarily in charge
Senior-Inspector R O'H Burke January 1857 December 1858 In charge over 4 years
Superintendent P Le P Bookey January 1859 October 1861 In charge. 2 years 10 months
Superintendent F A Winch Nov 1861 May 1866 In charge 4 years 7 months
Superintendent T E Langley June 1866 August 1868 In charge 2 years 2 months.
Inspector Leopold Kabat August 1868 January 1869 In charge 6 months temporarily.
Sub Inspector J Dobson February 1869 April 1869 In charge 3 month temporarily.
Superintendent B T Wilson April 1869 December 1870 In charge 1 year 9 months
Superintendent H R Barclay January 1871 February 1876 In charge 5 years 2 months
Inspector A Brooke Smith February 1876 February 1878 In charge 2 years
Superintendent H M Chomley February 1878 June 1878 In charge 4 months
Superintendent John Sadleir July 1878
Ovens District embodied in North-Eastern District, July 1878 —Junior officers in Ovens District.
Sub Inspector Kossack —1861 -(?) 1862 In charge Ovens escort.
Sub-Inspector J W Orridge —1861 February 1863 In charge Chiltern
Sub-Inspector B Smith February 1863 March 1864 In charge Chiltern vice Orride
Inspector D Purcell March 1864 —1864 In charge Chiltern vice Smith
Sub-Inspector John Dobson November 1864 November 1865 In charge Ovens escort.
Sub-Inspector H Downing April 1867 August 1868 At Beechworth.
Sub-Inspector John Dobson February 1869 July 1870.
Inspector Robt. Disney September 1869 —1870.
Inspector A B Smith July 1870 June 1874 Vice Dobson at Wangaratta.
Inspector F A S Reid July 1874 August 1875 Vice Smith at Wangaratta.
Inspector A.B. Smith August 1875 February 1880 Vice Reid at Wangaratta & Beechworth.
Sub-Inspector H. Baber July 1877 February 1880 At Beechworth previously as sergeant.
Sub-Inspector H Pewtress September 1878 At Mansfield
Sub-Inspector H Baber July 1880.
BENALLA DISTRICT – Officers in charge of district
Superintendent F M Cobham July 1858 September 1862
Inspector H M Chomley 1 September 1862 December 1862 In temporary charge
Superintendent F M Cobham December 1862 March 1866 In charge 7 years 6 months
Superintendent Robert McCulloch March 1866 February 1869 In charge 2 years 11 months.
Superintendent W K Nicolas February 1869 April 1869
Inspector Robert Disney April 1869 September 1869 In charge 6 months, Supt Nicolas on leave.
Superintendent W K Nicolas September 1869 December 1870 In charge 1 year 5 months
District again included in Ovens District at end of 1870 – Junior officers
Sub-Inspector A B Smith –1861 February 1863 At Wangaratta
Sub-Inspector B Smith February 1864 September 1866 At Wood's Point.
Sub-Inspector W B Montfort June 1870 March 1872 At Wangaratta
Sub-Inspector Culkin July 1867 At Wood's Point
UPPER GOULBURN DISTRICT – Officers in charge of district
Sub-Inspector John Culkin July 1867 April 1868 In temporary charge
Superintendent S S Furnell April 1868 December 1870 In charge 2 years 8 months
Superintendent W K Nicolas January 1871 June 1871 In charge 6 months, from Benalla district
Superintendent F A S Reid June 1871 May 1874 In charge 2 years 11 months
Inspector John Culkin May 1874 January 1875
Superintendent John Sadleir January 1875 July 1878
District included in North-Eastern District, July 1878 –Junior officer.
Sub-Inspector John Culkin April 1868 August 1875 At Wood's Point

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