Royal Commission report day 50 page 6
Story of the KellyGang - the Royal Commission Report
The Royal Commission evidence for 7/9/1881
(see also introduction to day 50)
[[../../people/peN_P/nicolsonPAC.html|Ass Com Charles Hope Nicolson]] giving evidence
16880 The point is this: if an officer was sent up there, who, in the discharge of his duties, was subject to a restraining influence as to money or men, then I think you would be perfectly correct in making that statement; but it appears you were manifestly free in regard to both to attain the end in view; if so, your statement is not borne out, and it is important that in that you should be very particular?— At one period, for instance, there was a sum mentioned-that the expenses were to be limited to £40 a month. That was the amount; but supposing any voucher was sent in within that, it might be disallowed; it never happened.
16881 Were you in the position that it could happen?— Yes.
16882 It is no use complaining of a thing that could happen?— There was the case of Sherritt.
16883 Had you written instructions to the effect that you were not to exceed £40?— I think they were verbal, but I am sure I had the instructions.
16884 When you did exceed the amount you had to do it altogether on your own responsibility?— Yes.
16885 Was that state of things in existence before you went there the second time?— No. Not at all. When Mr Hare and Captain Standish were there, Captain Standish, as head of the department; always had what he and Mr. Hare thought proper; and I understand the expenditure was very lavish. In the latter portion of Mr Hare's letter he refers to the black trackers, and expresses his opinion that they should be removed. The fact is, when he went up, other trackers had been sent for, and there was no wish on Mr Hare 's part to lose Mr O'Connor 's men until the others arrived. It has, moreover, been proved that so far from the outlaws believing that the trackers had left the district, as asserted by Mr Hare , it was the presence of these men that prevented outrages, and it was to destroy them, particularly, that the rails were torn up.
16886 You ought to have some proof of that?— There is Mr Hare's own evidence, in which he states he was told by Bracken and others that the outlaws, when in Mrs. Jones' house, were saying they were to get that Inspector O'Connor and the black trackers; and I believe Bracken proved that; but I understand that he, having been transferred afterwards to Mr Hare's district, would have been produced here to have given evidence on the subject. The letter of Mr Hare containing these defamatory charges against me was sent to the Chief Commissioner, and without any explanation being asked of me in the usual way (it is always usual to refer such a letter as that to any one), and was sent on to the Chief Secretary, and published in every paper in Victoria, and the charges have been hanging over my head ever since. Mr Graves ' accusations that I was the cause of the Kelly outbreak, &c., sinks into mere insignificance compared with the above charges. There is no newspaper in the colony that has not been ringing with disapproval of my conduct as reported by Mr Hare in his letter of July 2nd, 1880 , although I was never allowed an opportunity of explanation.
16887 You say you were never allowed an opportunity of explaining the charges?— Yes.
16888 You would see the daily journals in which those appeared?— Yes.
16889 Did you ever make complaint then to the head of your department?— I at once wrote to him asking him to repeat my request to the Honorable the Chief Secretary for a board on account of those charges. It is not only my position as an officer of police that has been assailed, but my character as a man of honor. If it is possible that, for mere petty spite, I tampered with agents and withheld information that might not only have been Mr Hare's destruction, but that of Mr Sadleir, my brother-in-law Mr O'Connor, and every policeman in the district, I am unfit for the service and even worse than the Kellys. The non-success and other accusations are as nothing to the above base charges which have rested upon me now more than a year. I can appeal to my brother officers, and to all whom I have been in contact with for nearly thirty years, as to whether I am capable of such conduct-dare Mr Hare do the same? I think he would get a very different reply, though he is said to be such a popular man, and I so very unpopular. On my second stay at Benalla, 1, unlike Mr Hare during his stay with Capt Standish, had the whole responsibility of the work; and upon returning from any expedition was unable to take necessary recreation as other officers did, in coursing, &c. I was obliged to be in the office, going through everything that had been done in my absence. When we camped out at night we had to lie on the ground with oilskins around us. Upon my going back the second time, however, I had a comfortable hammock, made after the pattern of one Mr Hare had in use part of the time of these great hardships he mentions. The last eleven months of my stay in Benalla was, as I wrote to a friend, simply a “hell,” which I could not have endured but for a strong sense of duty, and confident hopes of ultimate success. I had to keep so quiet and appear as if so little was doing that I imagined that every person in the place was supposing we were doing nothing, and I was amazed, after my recall, at the kind spirit shown by all the people I had come in contact with in the North-Eastern District, and the satisfaction they expressed at my conduct there, and my management of the police there. I do not deny that Mr Hare suffered greatly, as did Mr Sadleir , every officer and constable connected with the affair, is having aged them all considerably.
I now come to the charge with regard to the Euroa. Captain Standish has stated that I received information that a bank in the North-Eastern District was to be stuck up. This is not the case, and there are no grounds for the assertion excepting the information of prisoner Williamson , dated 15th November 1878 , about a likelihood of Seymour bank being attacked. I would like to refer to the papers, because I think the Commission will see that no action was taken upon that information (which was sent direct to Captain Standish by Mr Winch , and not forwarded to me for some time) until after I telegraphed from Benalla to increase the strength at Seymour . If those telegrams are looked at, the dates will show there w as a considerable delay....
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