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Story of the KellyGang - the Royal Commission evidence

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== The Royal Commission evidence for 9/9/1881 ==

''''''

=== full text ===

(see also introduction to [[Royal Commission report 9/9/1881|day 52]])

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

<span id="rc17491">[[#rc17491|17491]]</span> Did you at any time send for [[Const Twomey|Twomey]], who had received the information, to obtain his impression on the matter?— I might have done so. I cannot remember it.

<span id="rc17492">[[#rc17492|17492]]</span> At any rate you treated the information as being unreliable?— I did.

<span id="rc17493">[[#rc17493|17493]]</span> And you took no action?— Only to see if I could see the tracks.

<span id="rc17494">[[#rc17494|17494]]</span> How long have you been in the service?— Since the 5th November 1852.

<span id="rc17495">[[#rc17495|17495]]</span> As what did you join?— As cadet.

<span id="rc17496">[[#rc17496|17496]]</span> At what salary?— I think 10s. a day.

<span id="rc17497">[[#rc17497|17497]]</span> What are you receiving now?— I receive [[Police Organisation|inspector's salary]], £300, less £10, knocked off for guarantee.

<span id="rc17498">[[#rc17498|17498]]</span> Do you receive anything else?— Quarters and groom allowance.

<span id="rc17499">[[#rc17499|17499]]</span> What does that amount to?—£70 for quarters, and £10 for groom allowance.

<span id="rc17500">[[#rc17500|17500]]</span> Are you married?— No, a single man.

<span id="rc17501">[[#rc17501|17501]]</span> With the £10 knocked off, it makes your salary now £400 a year?— Yes.

<span id="rc17502">[[#rc17502|17502]]</span> What age are you?— Forty-nine next April. I joined when I was a little over seventeen. I was appointed by Mr. Latrobe under Mr. Sturt.

<span id="rc17503">[[#rc17503|17503]]</span> What retiring allowance would you be able to demand of the State?— I will be entitled to a pension in six years.

<span id="rc17504">[[#rc17504|17504]]</span> And then how much would you be entitled to?— I must tell you I left the department in 1857 after an accident I had and came back in 1858—was re-appointed after eighteen months out. I am not certain, but I believe my allowance would date from the time I was re-appointed. I am not sure.

<span id="rc17505">[[#rc17505|17505]]</span> Had your service been continuous, and you had now arrived at the age of fifty-five, what amount would be the retiring allowance?— About £200.

<span id="rc17506">[[#rc17506|17506]]</span> Is there any special provision made for an officer when called upon to retire before that age in consequence of ill-health?— There is a gratuity, not a pension.

<span id="rc17507">[[#rc17507|17507]]</span> A lump sum?— Yes, a very small sum-a month for every year's service. I might remind you that it was proposed that fifty years should be the retiring time, but it is not so, and I have done thirty years' service now.

<span id="rc17508">[[#rc17508|17508]]</span> You have been suffering for some time?— I have a broken collar-bone now.

<span id="rc17509">[[#rc17509|17509]]</span> If you were compelled now from this incapacity to retire from the service, would the gratuity enable you to spend your days with ease and comfort?— I cannot say that; I have means of my own' but they have only recently come. If the Government could see its way to give me a pension, I would very willingly accept it.

<span id="rc17510">[[#rc17510|17510]]</span> Will you state frankly-you say if the Government were to do that: would you be kind enough to tell us, as you have not arrived at the age you are entitled to a pension, what amount you should receive if you went now?— I would leave that to an actuary, and take it according to age.

<span id="rc17511">[[#rc17511|17511]]</span> I refer to a gratuity?— I think it is nearly £600.

<span id="rc17512">[[#rc17512|17512]]</span> In lieu of that what amount would be satisfactory to you?— I would take £180 a year, what I began with.

<span id="rc17513">[[#rc17513|17513]]</span> Taking everything into consideration, and seeing you cannot claim a pension for six years, if £100 was offered you would you not accept it?— I would rather have £150.

<span id="rc17514">[[#rc17514|17514]]</span> You said just now you did not apply to the Delaneys yourself with regard to the information? —I do not remember the name of [[Daniel Delaney|Delaney]] at all in the matter. I will tell the whole thing if you like.

<span id="rc17515">[[#rc17515|17515]]</span> Here is an official document of yours, in which you say, “A youth (Delaney) states his mother called him up at 4 a.m. yesterday morning to see if his horse was being taken away. He looked out and saw four mounted men with hobbles on saddles, driving several horses at a rapid pace through One-mile Creek towards Peechelba road; no description can be given; may have gone to Warby Ranges.— 4th November 1878”?— I now remember. The reason why I did not put any faith in that boy's statement was that, if anybody knew those four outlaws well, he did, and he could not tell me who they were.

<span id="rc17516">[[#rc17516|17516]]</span> I understood you to say just now you did not consult with him?— I did not consult Mrs. Delaney, but I had a conversation with the lad, and Twomey, and Walsh; in fact I sent Walsh down to make a special enquiry as to who they were. I asked of the lad who they were—if he knew them, and he said he did not know them; and I happened to know he knew all the outlaws well. ....

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