Royal Commission report day 52 page 7

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The Royal Commission evidence for 9/9/1881

(full text transcription)

(see also introduction to day 52)

[[../../people/peB/brookeSmithPinsp.html|Insp Brooke Smith]] giving evidence

17574 He obeyed your orders on that occasion, to return; and he said that he regretted he had obeyed the orders, he was so impressed they were then on the tracks of the outlaws, and, had they been in the charge of an officer who would have pursued them, they must have come up to them in a very short time. That is the impression from his evidence?— I can only say this—that I came into Wangaratta with the desire of meeting Mr. Nicolson and telling him the position we were in as I considered that another party should have gone in a different direction to meet us.

17575 Mr. Nicolson says (question No. 419), “What was the nature of the dissatisfaction?— The men were dissatisfied that they had not stayed there all night, and followed up those traces in the morning; they were very sanguine about the gang. They had found what appeared to be a ramrod made from the branch of a tree, and whittled; they picked this up-a very good substitute for a ramrod; they had very great confidence that they could follow it up and find something.” Do you remember that circumstance?— I do not. I remember finding some hobbles and a bit of stick; but I cannot say it was a ramrod.

17576 Do you not remember the men remonstrating against going back?— No, I do not. They did object when I stopped, on the morning of the 9th, at a certain place called the Orangery. I do not want to mention names.

17577 Was the reason you stopped of any importance?— That was the only time the men made remonstrance to me. I stopped behind with one constable, and, in following them up, I was conversing with Brien, to get some information; and I did not see the tracks. And I told the constable to fire a shot; and they, all of a sudden, got nervous and frightened; and I told them how the thing happened, and they seemed perfectly satisfied.

17578 Was this a matter of importance at the time?— I was .just going up with Johnson to be shown by the man a supposed place where they had been hiding. He was going to show me that. I thought it so significant, the place being so close to Brien's, that I stayed to have a conversation with Brien; and he told me the outlaws used to come to his house and get tea and oranges.

17579 How recently had they been there?— He did not tell me. I could not get that out of him. He was too experienced a man of that kind.

17580 Then what was the importance of the information?— Learning they had been down there. That was something to me I presume; either they had been in the habit of frequenting that place——

17581 Did you know before that he was a sympathizer of the Kellys?— I suspected him; I knew he was a friend of the Kellys.

17582 That information did not lead up to anything?— No; I think it did afterwards. I think a party of police went and stayed there some days.

17583 Was the remonstrance to you then that you delayed to stay with Brien?— No, about the shot. They thought we might have been so near the outlaws that that very thing might have brought them upon us. The delay was not more than fifteen minutes. The only other time they remonstrated with me was between Yarrawonga and Lake Rowan. I received certain information at Yarrawonga which caused me to travel very slow indeed to wait to meet the party under Kennedy, and the men thought I rode too slowly. Generally speaking, I do travel my horses very slowly.

17584 Your object was to gain time?— My object was simply to meet Kennedy as he came across the ranges from Peechelba to Lake Rowan.

17585 To strengthen the party in case you came on the Kellys?— No; I did think there was the least chance of that. The Murray was in a flood at the time, and that is what prevented them getting across.

17586 Had you any men fit to cope with the Kelly gang if you met them. What force would you have considered sufficient to go out with to attack the Kellys?— Not less then five.

17587 How many men had you?— In my first party six, and in my second nine and myself

17588 Is there any other statement you wish to make?— No, I have no further statement to make.

17589 By the Chairman (to Constable Twoomey). –Do you wish to ask Inspector Smith any questions?— No.

17590 Do any of the officers present wish to ask any questions?—[all the officers said “No.”]

The witness withdrew.

Adjourned to Tuesday next at Eleven o'clock.

[see report of proceedings 9/9/81 in Appendix 20, Volume X] ....

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