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04:04, 15 November 2015 Story of the KellyGang - the Royal Commission evidence
[[Royal Commission report day 18 page 7|previous page]] / [[Royal Commission report day 18 page 9|next page]]
== The Royal Commission evidence for 11/5/1881 ==
''''''
=== full text ===
(see also introduction to [[Royal Commission report 11/5/1881|day 18]])
''''''Constable Alfred John [[Const Faulkiner|Faulkiner]]''' giving evidence'''
<span id="rc5463">[[#rc5463|5463]]</span> And, therefore, if he was spoken to as you were, would that be the kind of report that [[Ward|Ward]] wanted you to write?— Well it would.
<span id="rc5464">[[#rc5464|5464]]</span> Do you know whether it is probable that the Commission will get the original of Barry’s report from him with [[SConst P Mullane|Mullane]]'s memo. on the back of it?— I believe they will. Constable [[Const Daniel Barry|Barry]] was called, and he handed in two documents with Senior-Constable Mullane's endorsement on the back.
<span id="rc5465">[[#rc5465|5465]]</span> ''To the Witness''. —Were you in the habit of making reports the same as this every time you were out on a search party?— I never made one before.
<span id="rc5466">[[#rc5466|5466]]</span> What was the reason you were called upon for this?— The cave party was about to be discontinued.
<span id="rc5467">[[#rc5467|5467]]</span> It was not in reference to the secrecy only?— It might be on the part of the officers, but I could not say that. I thought it was merely because of the cave party being broken up
<span id="rc5468">[[#rc5468|5468]]</span> “I have called on Constable Barry, 2710, for a report relative to how the special duty at Sebastopol was performed.” What was the character of the special duty; was one of the particular matters of the special duty positive secrecy?— It was to be kept secret.
<span id="rc5469">[[#rc5469|5469]]</span> That was the special duty?— Yes.
<span id="rc5470">[[#rc5470|5470]]</span> Was it a positive instruction for you to perform your duty with the utmost secrecy?— It was.
<span id="rc5471">[[#rc5471|5471]]</span> Was there any other special instruction?— Nothing else that I am aware.
<span id="rc5472">[[#rc5472|5472]]</span> Your special duty was to remain in the cave, and keep your position secret?— Yes.
<span id="rc5473">[[#rc5473|5473]]</span> Was the energy of the police and the attention of those that attended them to be directed to that purpose to keep the secret, that any of your movements should not be known?— Yes.
<span id="rc5474">[[#rc5474|5474]]</span> Would you say there was any other special duty referred to in that memo. of Mullane's but the secrecy—does that convey to you that meaning. You had better read the report and the memo. [''The witness read the same''.] Was the special duty there secrecy?— Yes. I would consider a man could make two reports on that memo.
<span id="rc5475">[[#rc5475|5475]]</span> Was there a minute sent to you by Constable Mullane to report, or did the instructions come verbally?— Verbally, by Constable Barry.
<span id="rc5476">[[#rc5476|5476]]</span> From Senior-Constable Mullane?— Yes.
<span id="rc5477">[[#rc5477|5477]]</span> You have come now to the 3rd of June—where were you then?— I was in Benalla or the [[events 1880-4/ 1880-6|3rd of June]].
<span id="rc5478">[[#rc5478|5478]]</span> Had you any further connection whatever with the cave party?— No; nothing more after that.
<span id="rc5479">[[#rc5479|5479]]</span> Were you told off to go up the Murray then?— I was then in Benalla, up to the time Mr. Hare relieved Mr. Nicolson, some time in June 1880. On the 11th June Superintendent [[Hare|Hare]] sent for Constable [[Const William Canny|Canny]] and me, and directed us to take a tour round the country, and see if we could not get some information of the outlaws. Mr. Hare said we could go where we pleased, giving us his private address, that when we found it convenient to send him a few lines, we could do so, and that we could go where we thought best. We came to the conclusion that it would be best not to carry firearms so as not to cause suspicion; and if anything urgent was to turn up, to come to the nearest telegraph office and speak to Superintendent Hare.
<span id="rc5480">[[#rc5480|5480]]</span> Were you on horseback or on foot?— I am coming to that. Constable Canny left Benalla on the morning of the 12th June, and went to a station some distance out of Benalla, and got the use of two private horses. On the 16th or 17th I wrote to Mr. Hare from Cotton-tree, that we had been informed, on good authority, that the [[KellyGang|Kellys]] had been seen coming home frequently.
<span id="rc5481">[[#rc5481|5481]]</span> Where is [[Cotton Tree|Cotton-tree]]?— Somewhere about fifteen or twenty miles beyond Bethanga, giving the names of the persons who had seen them, and the directions they were coming from. I stated that we had been informed that the gang were getting provisions from the [[Chinese|Chinese]] store, and that we intended, on our return, to see if this statement was correct. That was the contents of the first letter. In the second letter I stated that we had received all the information we could, and intended to return and see if this information was correct.
''Mr. Sadleir. —'' I would ask for those letters to go in as evidence.
''The Chairman'' read the three letters referred to (dated respectively 16th, 22nd, and 23rd June). (Vide <span id="App15a">[[#App15a|Appendix]]</span> [[Royal Commission report Appendix 15|15]].)....
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