Royal Commission report day 7 page 7
The Royal Commission evidence for 1/4/1881
(see also introduction to day 7)
Francis Augustus Hare giving evidence
1437 Had you the agent that wrote about the “diseased stock” in your employ?— Yes; I will come to that by-and-bye. Ward said, “I thought it strange he did not telegraph to me direct, because Mullane has had nothing to do with the working of the Kelly affairs up at Beechworth; he is merely in charge of the Beechworth station.” I said, “Are you sure, did you see the telegram?” He said, “Yes.” I then left him for a moment. This conversation occurred outside of Mr. Sadleir's office. I left him for a moment standing there, and I ran inside to the office to Mr. Sadleir, and I said to him, “Do you know anything about the telegram that Mr. Nicolson has sent to Mullane to discharge all the agents up there?” He said, “No, I never heard anything of it, and I do not think he has.” I then called to the clerk, and said, “ Have you any record here, in the office, of a telegram being sent to Beechworth yesterday by Mr. Nicolson?” He said he had not.
1438 Who was the clerk?— Senior-Constable Smyth. I then, I believe, sent to the telegraph office to see if any telegram was sent to Beechworth from there, and the reply came back, “No, there was not.” Mind you, I am not positive of this; but it is in my belief that I did send, and then I went back to Detective Ward and said, “I can find no record whatever of that telegram?” and Detective Ward suggested perhaps Mr. Nicolson might have sent it from the railway station telegraph office. I asked him what time it came up. He said, “In the evening Mullane told me about it.” “Well,” I said, “this is a strange thing for Nicolson to do. He handed things over to me at one o'clock , and then, in the evening, to send a telegram to this effect; I cannot understand it.”
1439 Did you ascertain about the railway station telegram?— No, I had not time. The Commission can send to Senior-Constable Mullane for the original telegram. I never saw it; I had not time to ask for it; but it can be sent for. And I would like to have it produced, and see where and at what hour it was sent. The agents in this district included Aaron Sherritt and a number of others. I do not wish to mention who were then receiving pay from the Government at this time.
1440 Was this man, the “diseased stock” man, amongst the Beechworth lot?— No.
1441 He was employed at that time?— Yes; not under wages at that date, but Aaron Sherritt was. I would point out to the Commission how embarrassed I would have been if that order had been carried out without my knowing anything about it. I sent Detective Ward back to Beechworth, for fear anything would be done, to stop all proceedings. I said to him, “I give you instructions to order that no change is to be made till you hear from me. I am in charge of the district at this time.” For the first two or three days at Benalla I occupied my time in reading up the papers in the office. There were hundreds of telegrams and documents, and an immense number of private letters which were lying there, which I have referred to, and I read, I think, every one of them.
1442 In what condition were they—a state of muddle?— No, beautifully tied up; each agent's letter tied up consecutively, and orderly arranged.
1443 Mr. Nicolson. —You said they were lying about.
The Witness. —I meant lying in the drawer, in good order and all tied up carefully. I may say I have never had a word of communication with Mullane from the time I left, either by word or letter. Amongst the papers in the office were a number written by the “diseased stock” agent. I do not know for certain that the one that Mr. Nicolson has put in here was left behind, but, if not, there were a great number of a similar description; and I saw, when Mr. Nicolson was giving his evidence the other day, that he had five or six letters in his hand by the same writer, which he put by and did not put in evidence. Those letters I must ask the Commission to get him to give up. I saw them.
1444 Mr. Nicolson. —I shal1 be very happy to produce them. I produced that one I did as the most significant.
1445 By the Commission. —Were they official documents belonging to the Government?
Mr. Nicolson. —Well, I left them with Mr. Hare, the whole of them.
1446 The Witness. —Do you refer to documents sent to Mr. Nicolson in his official capacity?
The Commission . —Yes, of course; Government documents, for which the Government paid.
1447 Mr. Nicolson. —Do you consider they belong to the Government?
The Commission. —I do.
1448 Mr. Nicolson. —After this was all over, those documents, especially that about the armour, were very important to me, and I requested Mr. Sadleir to send them down to me for my custody; and these were very important to me.
1449 The Commission. —The originals?
Mr. Nicolson . —Yes.....
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