Royal Commission report day 51 page 13
The Royal Commission evidence for 8/9/1881
(see also introduction to day 51)
Insp Brooke Smith giving evidence
17311 We want you to notice that on the 4th you had ample information with reference to that party, do you remember what you did the day after you sent that telegram?— I remained at home, as far as I remember.
17312 Johnson says a party was sent out after the supposed outlaws, in charge of Mr. Brooke Smith:— “Do you remember the time when it was supposed the Kellys had passed Wangaratta, and a party was sent out after them in charge of Mr. Brooke Smith?— I do.” Where did Walsh come from to give you that information?— He walked across from the police station to where I slept.
17313 Did he tell you who gave him the information?— Yes; he said a person living near the bridge.
17314 What was the name of that person?— That I could not tell-I do not know. When I sent back to enquire as to who the person was, the reply was that they could not tell whether they crossed this way or that way, and when I made an examination about those four mounted men passing this hut (I cannot remember the name of the person, but I could point out the very spot) they could not tell how or who it was, and the outlaws were all known to the persons living in that very house.
17315 Suppose they passed during the night?— During the morning was what was said.
17316 During daylight?— I went down and looked at the place, and they never passed there at all.
17317 Were there no marks visible?— Not the slightest sign.
17318 Did you search for them?— I did. I went to the spot—it was almost swimable.
17319 Was the ledge under the bridge they were supposed to have gone across under water?— It was swimable.
17320 That is the river under the bridge?— There was no river—it was a creek; there was not a mark of any kind.
17321 Could a party cross that without having to swim? We have it in evidence that there was a ledge on one side, known apparently to a fen, which, by careful walking, they could get along without swimming-do you know anything of that?— I must say I do not know that-it is the first time I ever heard of it.
17322 I may inform you that in the matter—hunting for such desperate characters as those outlaws —there are charges of great remissness laid against you by Senior-Constable Johnson and Sergeant Steele; did Walsh give the information from Steele?— I do not know that. The only thing I remember was Walsh came to me on this particular occasion, and that was the only occasion I received any information, and at that time there was one single constable on the station.
17323 Did a constable named Twomey give you any information?— I have not the least recollection of it; he might bring it to my recollection. I do not think it. That is all I can say.
17324 At question No. 12404 Johnson says, “We found the pack-horse B87”?— Yes. Was it Kennedy's pack-horse?— It was. Was he the one with the white legs?— No. What did you do with the horse?— Left him there until it was dark and took him down. My intention was to put him in the paddock, and leave him there until I sent one of the men in for provisions to Wangaratta, so if we went further on we could remain at night. To keep on the tracks?— Yes, at the foot of the range, to pick up the tracks immediately the next morning. Did you do that?— No, we met Mr. Brooke Smith . It was just getting dusk. Was this the first time you saw him after seven o'clock , when he ordered you to take the men?— Yes. What did he do?— He rode up and gave the order—‘Halt; form up. Any applications or complaint?’ Did you form up in line?— Yes. Were there any?— I said there were none that I was aware of. I said we had got one of the horses that were taken from the police. He said, ‘Who found it?’ I said, ‘The party was all together when we got the horse in the ranges.’ He said, ‘Right; proceed to Wangaratta.’”
17325 And you went to Wangaratta that night?— That afternoon. There was nothing of that kind about drawing up in line, or about applications or complaints; that only relates to stations and not to active service; that is never done; that is a mistake, a mix-recollection.
17326 He says, “We had the trackers then; we got the trackers the previous day. Is that all Mr. Nicolson said?— He had some conversation with Mr. Smith . Did you hear it?— Some of it. I heard Mr. Smith say to him, ‘If we get on to the outlaws what are we to do?’ He said, ‘My men will shoot them.’ Mr. Nicolson told him to obey the orders he had given him to proceed the first thing in the morning and follow the tracks on”?— He did. I was not aware of it; I heard afterwards he did.....
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