Royal Commission report day 52 page 6
The Royal Commission evidence for 9/9/1881
(see also introduction to day 52)
[[../../people/peB/brookeSmithPinsp.html|Insp Brooke Smith]] giving evidence
17556 Can you account for the fact of its being so quiet-is it in consequence of the vigilance of the officers?— There is a very good body of police there, but I think there is no criminality amongst the population. The criminality in the North-Eastern district has been notorious the last thirty years while I have been in the department.
17557 You were a member of the Victorian Police Force before Mr. Nicolson?— I joined on the 5 th November 1872, and he in December.
17558 You are senior to Mr. Nicolson?— Yes.
17559 Can you account for the fact that you are only inspector and Mr. Nicolson in a much higher grade?— I do not grudge it to him at all, I think he deserves it. I can tell you something. I have been appointed acting superintendent four times over, and never got the district afterwards. Captain Standish appointed me.
17560 Mr. Nicolson is very much above you in position in the force, and you joined before him. How can you account for that sort of thing?— Mr. Nicolson accepted a position which I was not suited for, which brought him very much to the fore-officer in charge of detectives. I was in that force a short time, and it did not suit me, and it was there he gained his advantage, and I am very glad to think he did do so. Mr. Hare is much junior to me as far as service goes.
17561 Do you remember starting out on the 6th?— Yes.
17562 Did you receive any positive instructions then from Mr. Nicolson as to the course you were to take?— Yes.
17563 What were those instructions?— As far as I remember, there was a party of about twenty-two, and we were to go to Peechelba, thirty-two miles from Wangaratta, and we were to divide there into two parties, and I was to go back and meet the other party at Lake Rowan, and I did so.
17564 Did he instruct you to return to Wangaratta?— I do not remember that. We had no food.
17565 Did he instruct you to remain at the place where the tracks were?— I got within six miles of Wangaratta, and I came in to get food and to report.
17566 In question No. 412, Mr. Nicolson says, “The next thing that occurred was about the 12 th of November. I had come down from Beechworth to Wangaratta, and a messenger came in at night to tell me that a party of police under Sub-Inspector Brook Smith had traced the outlaws from Lake Rowan and Ryan's from along the Wallaby ranges, and had tracked them with blackfellows, and had recovered one of the police horses, which had been taken from the murdered police by the outlaws. I sent back word to them (they were undecided whether to come into Wangaratta or to remain where they were) to remain where they were, and by all means to keep the fact of their finding the horse secret. An hour or two afterwards I heard a party of horsemen riding into Wangaratta in the dark, about eight o'clock in the evening, and leading a horse.” Having had your memory refreshed, do you remember receiving positive instructions from Mr Nicolson to remain at this point?— I do not.
17567 Do you remember returning to Wangaratta?— I do.
17568 Were you ordered to Beechworth immediately after this?— I think I was. The following day, or the day after, I was.
17569 Do you know what the reason was?— No; nothing was ever said to me. I was always on good terms with all the officers up there.
17570 Are You sure your removal was not an expression of dissatisfaction on the part of your superior officer, in taking the course you did in disobeying his orders?— He never informed me I disobeyed his orders.
17571 Did any constables object to return to Wangaratta when you gave the orders?— No. If I remember right, I was asked to go into Wangaratta by Constable Johnson.
17572 Did the men, knowing the instructions you had received from Mr. Nicolson, to remain at this position, manifest or express dissatisfaction at their return?— Not at their return. Some of them expressed some dissatisfaction at something on the 9th. I had occasion to remain behind a little while; and I could not find the party that had gone up the ranges; and, to let them know my whereabouts, I fired a shot, and they got very excited. The firing a shot was what led to the murders at the Wombat, and no doubt, they were a little alarmed.
17573 But Johnson led the Commission to believe that he strongly objected to your returning to Wangaratta on the night of the 8th?— He never said anything to me about it. He is a very excitable man though a very good man. ....
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