Royal Commission second Report Part XII ( page 18)

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The Royal Commission Second Report -Part XII Cont

Early in December 1879 Mr. Nicolson organized the second cave party; the secret was revealed by Senior-Constable Johnson to Mr. Hare, at the depot, and the latter at once informed Captain Standish on the subject. The Chief Commissioner did not approve of those parties, and wrote to Mr. Nicolson to that effect, stating that the cave was known at the depot. The announcement caused surprise and pain to the Assistant Commissioner, who, however, refused to withdraw the men, believing that their presence in the hut, although known at the depot, remained a profound secret in the district. There is reason to believe that, during the existence of the cave, the outlaws frequently visited the Woolshed, and that being so it must be inferred either that the gang were in possession of the secret and carefully avoided Mrs. Byrne's house, or they visited the place, as has been asserted, unseen by the police, who were supposed to be on the watch. The testimony of the constables bears out the supposition that the men's presence in the cave was known for a considerable time before they were removed, and the conduct of Detective Ward favors the conclusion that he deliberately deceived Mr. Nicolson upon that point, by the manipulation of the reports sent in by several of the constables. In February 1880, a report was received by the police that a number of mould-boards of ploughs had been stolen from the neighborhood of Greta and Oxley. It was not then known what the object of these depredations was, but a search party and two trackers were sent out, and upon this occasion was discovered the footprints with the "larrikin heel," which, with other information, indicated that the Kelly gang were the thieves. The "diseased stock" letter, in which the object of the stolen mould-boards was communicated for the first time, was dated 20th May 1880 , and this marks an epoch in the history of the pursuit. In that letter it was stated, "a break out may be expected, as feed is getting scarce." It was the receipt of this intelligence that gave Mr. Nicolson hope that the "beginning of end" was approaching. The outlaws were evidently preparing for a raid, and it was only necessary to be prepared to receive them. Doubtless the consciousness of this served to embitter Mr. Nicolson's feelings when he found himself obliged to relinquish the pursuit and yield to another the post of honor when he daily anticipated the fruition and reward of his labors. About the months of May and April the police ascertained that the outlaws were reduced to great straits. Over a year had elapsed since their last - the Jerilderie - raid. Their funds were well-nigh exhausted. With their money, their friends and sympathizers began to fall off too; and more than one, it was stated, had significantly suggested that another bank should be robbed. The outlaws at this time were said to be usually in the vicinity of the Greta Swamp , from which they would move back to the ranges, get across the Ovens River towards Sebastopol , and from thence to the Pilot Range , near Wodonga. They were obliged to travel on foot, and their immediate assistants were reduced to four. Intimation was also received that they were suffering such severe hardships in the ranges that they were obliged to obtain a tent to cover them at night; and the agent who gave all this valuable information led Mr. Nicolson to believe that, in a very short time, he would lead the police to the spot where they would have, to use the language of the Assistant Commissioner, "their hands on the throats of the outlaws without any trouble." Information of this character at the time must have appeared very general, very indistinct, and its reliability very problematical, which may account for the fact that more practical measures were not adopted. When on one occasion, about this time, a search party was despatched to a hut near the Lloyd's house at Lake Rowan, on the strength of somewhat similar intelligence, the police by their efforts simply subjected themselves to badinage, as when the suspected hut was searched, only a well-known sympathizer was found there. It must be added that every precaution seems to have been taken to intercept the gang, should they attempt to pass any of the bridges, or crossings leading to or from their reputed haunts. Sealed orders, with special instructions were issued to every station; constant telegraphic communication was maintained throughout the district; the vigilance was apparently incessant, but was sought by the Assistant Commissioner to be of a masked, unostentatious, character, which it was believed would in time achieve success. An analysis of the list of appearances discloses that during Mr. Nicolson's second charge there were about sixty reports received by the police; of those, sixteen were considered stale or unreliable; inquiries were made as regards five; there is no record of action in reference to six; in several no action whatever; and in twenty-six, action was taken mainly with a view to resisting attacks, the arranging of watch parties, or in endeavouring to induce the outlaws to suppose that the police were not on the alert. There were very few search parties despatched, and in every instance where action was taken of this nature the expeditions proved entirely fruitless. ....

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