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04:02, 15 November 2015 Story of the KellyGang - the Royal Commission evidence
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== The Royal Commission evidence for 29/3/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 29/3/1881|day 4]])
'''[[Nicolson|Assistant Commissioner Nicholson]] giving evidence'''
1032 Are you aware who his predecessor was?- No.
1033 Do you know whether, it was [[SConst Flood|Flood]]?- I think it was.
1034 Do you know that he always had four or five of them in gaol?- I know Flood was very efficient.
1035 Was this report before the shooting of [[Fitzpatrick|Fitzpatrick]]?- Yes. I took a young constable with me part of the road, Constable [[Hayes|Hayes]], and I instructed him-similar instructions as those to [[Thom|Thom]]-and warned him never to go near that [[Kelly Home|house]], and to tell the other police that came there never to go near that house alone, always to have a second constable with them.
1036 Then you had an idea they were absolutely dangerous all through?- Oh, I knew it well; and I instructed the police never to go into that house alone, simply because I knew if there were two constables together bad characters are always afraid to proceed to extremities with them, because one constable is a witness and support to the other.
1037 And you had previously known [[Ned Kelly|Ned Kelly]] personally?- Yes. I visited [[Chiltern|Chiltern]], the same district, at the same time, 1877.
1038 Do you recollect the date of the shooting of Fitzpatrick-[[15-04-78 Fitzgerald incident|April 1878]]?- Yes, I think it was.
1039 This is previous to that again?- Yes.
1040 This is before Byrne became connected with it?- I believe so. In speaking about the crime report book-that is the book in which reports are made, and in which reports are made of people who make complaints to the police-I may quote the following:- "About six cases to date, in 1877, mostly [[Horse and Cattle stealing|horsestealing]], which horses were ultimately recovered, impounded in New South Wales." This is a form of crime which is said to be common here when the [[Murray River at Kellygang|Murray River]] is low. "The animals are said to be impounded with the view of buying them out cheap" -that is over in New South Wales- "they are frequently recovered, but the offenders, said to be New South Wales men, are never convicted. I can see no difficulty in bringing those offenders to justice, if the Ovens district police make systematic arrangements with the co-operation of the well-known Mr. [[Singleton|Singleton]], who is in command of the [[NSW police|New South Wales police]], [[Albury|Albury]] district."
1041 I suppose, in making that memorandum, you were aware that in New South Wales no man can legally ride another man's horse without either a permit or some notification in his pocket that the horse he is riding belongs to another man?- Yes. This is a communication from Mr. Singleton:- Albury, 14th September. This is to the officer in charge of the Beechworth district, to whom my communication had been sent for his attention. "My dear Sir,-In reply to your confidential note of the 12th instant, I beg to state that I believe that a regular system of horse-stealing is carried on by Victorian thieves, and that the animals are brought across the Murray and impounded in New South Wales, where they are sold for a mere trifle, and vice versa by New South Wales thieves to Victoria; very many horses stolen from Victoria have, I believe, been impounded at [[Quat Quatta|Quat Quatta]], near [[Howlong|Howlong]]. I would suggest that on a report of horse-stealing being: made within a reasonable distance of the border, that you give instructions to the police in Albury, Howlong, and [[Corowa|Corowa]] be informed as soon as possible." Very soon after this regular system was established, the well-known [[William Baumgarten|Baumgartens]] were discovered receiving a very large number of horses, and [[Ned Kelly|Ned Kelly]] was the man who brought the horses to them.
1042 One of them?- One of the men.
1043 Corowa was opposite the Victorian town of [[Wahgunyah|Wahgunyah]], Howlong being the nearest place to [[Chiltern|Chiltern]], and the other to Wodonga-the three crossing places?- Yes. Here is a document showing the reduction of strength at a station, done without any reference to me whatever. I do not known whether it is worth taking notice of, but I was in that district, at [[Stanley|Stanley]], near Beechworth; that is not in the dangerous district.
1044 Whose recommendation was that?- Mr. Brook Smith's.
1045 Were the police taken altogether away from Stanley?- No; but there were two men there. I do not mean the reduction was not a proper one, but I was not made acquainted with it; and that was the usual custom, and that was what I was annoyed with Captain Standish for; they were done by him without consulting me, and without my knowledge, though I was visiting and reporting on the district. Here is another matter that I would like to draw attention to. While inspecting the county of Bourke district, in April 1876, I pointed out some irregularities in the mode in which the constable kept his money books. Shall I read that portion? This is the date- "5/3/75 Murdoch v Murdoch, Hotham. Prisoner delivered at Hotham lock up, by Kalkallo police, but no receipt producible, 23/l2/74. Stephen v Snowden, distress, £7 3s. Donnybrook. Amount collected by constable, who handed same to plaintiff direct, instead of to clerk of petty sessions." And several others of the same kind. I was trying to introduce a uniform system.
1046 What was done on that?- I pointed this out to the Chief Commissioner in this report, and it was referred to Mr Hare by the Chief Commissioner, who referred it to Constable Redding. ..
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