Royal Commission report day 51 page 15
The Royal Commission evidence for 8/9/1881
(see also introduction to day 51)
Insp Brooke Smith giving evidence
17346 The book would be available?— Yes, but I do not think there is anything the matter. I tell you exactly what I know, and that is very little, and I do not believe I was there three days or two days before.
17347 You said you were so much knocked up in consequence of great fatigue; now the gravamen of the charge is that on the 6th you went out with a search party with Johnson, and you came on tracks, and at the very moment, in the opinion of those who looked at the tracks, instead of going out, you returned to Wangaratta; and the party were ready the next morning, and you delayed them till very late?— And Johnson recovered the horse.
17348 We want you to answer those charges. Did you, as the officer in charge of that party, show negligence in not availing yourself of the information you had on that occasion. You have had the evidence before you, and you came prepared to answer the charge?— I deny the matter altogether—I deny the greater portion.
17349 Do you deny that you ordered the party to be ready at four o'clock in the morning after you returned?— I cannot tell you what occurred at that time. All I can say is this, that, as a matter of fact, I put persons on those tracks, and they went and followed them.
17350 We know that, but the charge is this: that you were in charge of this party, and they discovered the tracks?— I was not in charge of that party.
17351 Who was in charge of Johnson 's party?— There was no special officer appointed to any party whatever. You appear to know more than I do. There were two parties had charge of that party besides myself. There were Kennedy and Johnson , and I got instructions to divide them, and I did so.
17352 When you started from Wangaratta was the senior officer in that party?— I was, by instructions.
17353 Were not Johnson and Dixon amenable to your instructions?— As long as Johnson and Dixon and those other persons remained they were under my instructions.
17354 You were the senior officer in charge of the party leaving Wangaratta on the 6th—is that so or not?— I cannot tell you for a certainty.
17355 Who was senior to you in that party at Wangaratta?— Mr. Nicolson .
17356 He was not there. You went out on the 6th with a number of men-who was the senior officer?— I do not understand your question.
17357 Now say there were ten or fourteen men went out on the 6 th?— Twenty-two.
17358 Out of that number who was the senior officer?— I was the man who left the station.
17359 If any of those men had disobeyed any instructions you gave, would you have considered it in contravention of the rules of the police service. If you had told Johnson to do something, and he said he would not, would it have been a disobedience on the part of a subordinate to a superior?— Yes.
17360 Can you account for the delay in returning to Wangaratta next morning when you instructed Johnson to have his men ready at four o'clock in the morning?— I do not remember it.
17361 Do you deny it?— I will not deny anything at all that I cannot remember till I get the books.
17362 When you returned from the journey were you ordered back to Beechworth by Mr. Nicolson ?— I heard that statement. The orders I got were from Mr. Sadleir to go back and prosecute three cases at Beechworth, and I went back and prosecuted. Unfortunately for me, any evidence I want to bring forward has departed. Mr. Hunt , of the Argus , came out that time with me, and he has gone away.
17363 Did you keep a note-book?— No, I objected. I said to Mr. Nicolson I wished he would not do it, because I said the outlaws might get hold of it.
17364 Were the particulars of that search party published in the Argus at the time?— Really I do not remember. I knew Mr. Hunt was with me all the time. I have no object in recollecting anything of that kind.
17365 If you get the occurrence book you will have no difficulty in being able to account for your proceedings?— I cannot say for a positive fact-I am on oath-that it is in there; it should be there.
17366 If it is not there it is a neglect of duty?— Yes, and not on my part either.
17367 Mr. Hare. –The entries referred to will be found on the sheets which are periodically sent to the office. –[ The same were sent for and handed to the witness.]
17368 By the Commission (to the witness). –You have seen the sheets; now can you say how many days you were in Wangaratta?— Two days and a half, the week ending 9th November 1878 .....
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