The Argus at KellyGang 16/10/1882 (5)
ROYAL COMMISSION
AN INTERIM REPORT continued
Further recourse seems to have been had to a system of terrorism over the members of the force, so as to deter them from giving evidence before your commissioners. Sergeant O'Sullivan, whose testimony had a very important bearing upon the conduct of Mr Winch has since his examination been subjected to a species of persecution. Statements reflecting upon his honesty, and calculated to depreciate his merits as an officer of the force, have been made unheard of previously, and having reference to circumstances which occurred more than 12 months ago. Those charges, upon inquiry, appear either frivolous or unwarranted, and undeserving of attention. Sergeant O'Sullivan has proved a straightforward, truthful, and independent witness.
It is not safe, and in this case it might seem unfair to submit definite conclusions upon general assertions respecting a condition of things for which an officer under the regulations may be held responsible, and therefore the commission do not undertake to pronounce an opinion at present as to whether Mr Winch or the City Bench can be held the more blameable for the disgraceful state of affairs as disclosed in the evidence of Sergeant Dalton and Senior constable Bourke. At the same time the following may be quoted from a written statement submitted by Inspector Secretan, who must have weighed well his remarks before laying them before the commission. He says, in alluding to plain-clothes constables, "It is difficult to see in what way the plain clothes system has worked so well in Melbourne proper. There seem to be the same number of improperly licensed hotels, the same number of disorderly brothels, the same number of disorderly prostitutes roaming about the streets, the same Sunday trading going on, and larrikinism as usual. Referring to hotels, it is nonsense to put all the responsibility upon the Licensing Bench. If the police always brought proper and clear evidence before the Bench there would not behalf so many half brothel hotels as there are now, and no receivers of stolen property as licensees."
On the other hand, Mr Winch throws the entire blame of this admitted state of things upon the Bench, who he alleges have granted licences to persons whose applications were opposed by the police.
Mr Hare, P M , formerly a superintendent of police, gave the following evidence, which, although no name is mentioned, possesses, in the opinion of your commissioners, a peculiar significance which cannot be over- locked. In this report. The witness is asked - 4897. Who is primarily responsible for the conduct of hotels in the city? - The superintendent of the district. 4898, A man may be ever so efficient and desirous of keeping those places right, but he must be backed up by his officers? - Undoubtedly, and unless that officer is free and untrammelled in every way to carry out the reports that he receives from day to day, I defy the police force to be carried on properly. I do not think any man in the Government service ought to be more independent and free of everybody than a superintendent of police, because he has the control of every one, and reports of all offenders come in daily. He can put one aside and order the other to be prosecuted, therefore he should be a man of unblemished character, and a man not afraid to hold up his head wherever he goes, and not to be bound hand or foot to anyone. 4899. Is it possible for any officer to be bound in that way? - I know officers of police are bound and have been bound. 4900 Can you give any information as to by what means they are bound? -I judge only from my own eyesight and my own knowledge. I cannot say Mr So and So has borrowed money from So and So, but 1 can say if I see scores of money-lenders about Mr So and So's office, I know that Mr So and So must be under the control of those money lenders, and if a constable gets into any difficulty, and he goes to a money lender, who has power over that officer, the result must be well known. 4901 Can you fix that in any shape or form? - No, 1 cannot; I merely say, I judge of things by what I see. I say, if money is due to an officer at the Treasury, and half-a-dozen men rush up with H orders to receive it some days before it is due, it shows that the officer must be in a very impecunious state, and I say that that officer cannot be in a position to conduct his district. 4902. Do you know of such things existing? I know of cases I have been told that certain money lenders have been up to ask for money, and attended day after day until it was payable. 4903. Has he gone to the Chief Commissioner of Police for that money? - No, to the Treasury If the money were coming through the Police department he would go there, and I say a police officer should be out of debt above everything. 4004. On your knowledge of what has occurred, do those statements refer to any officer at present in the police? - I must beg to decline to answer that.
SUP INSPECTOR LARNER'S CASE
The evidence against this officer of having, contrary to the 165th clause of the police regulations, incurred pecuniary obligations with certain publicans, was direct, and al- lowed to go unchallenged. It was proved-
1 That this officer went on four occasions to the bar of the White Hart, and borrowed on each £1, that the amounts have been erased from the books as bad debts, but that since the commencement of the police inquiry the money had been repaid.
2 That Mr Sheeky, of the Victoria Hotel, Lonsdale street, had lent Mr Larner the sum of £9 in March 1880, £3 in March, 1881, and by way of acknowledgement he gave his I O U to Mr Sheeky for £15, the £3 being added to the amount of indebtedness as interest.
3 That Mr Edward Hynes, of the Devon and Corn wall Hotel, lent Mr Larner £5, and that a constable subsequently asked him to discount Mr Larner s bill for £32.
4 That Mr James Tierney, of the Glasgow Arms Hotel, gave Mr Larner £13 on a promissory note, which was subsequently dishonoured.
5 That Mr Michael Tierney, of the Galway Arms Hotel (6387) lent Mr Larner £3. Sub inspector Larner, when called upon to answer those charges and to confront the witnesses by whom they were preferred, pleaded guilty, and urged in extenuation the great expense to which he was subjected in consequence of his promotion, and that he had never allowed his transactions with publicans to influence him in the discharge of his official duties..
The commission, after careful and mature consideration of the evidence adduced before them, are of opinion that it is not desirable, in the interests of the public service, that Superintendent T A Winch and Sub inspector J N Larner should be permitted to return to duty. Your commissioners, therefore, recommend that these officers be called on to retire from the force without prejudice to any superannuation allowance or compensation to which by reason of service they may have become entitled.
(Signed) FRANCIS LONGMORE,
EDWARD J DIXON,
WILLIAM ANDERSON
GEO R FINCHAM
G WILSON HALL
(Signed)
JAS WILLIAMS, Secretary Melbourne, Oct 11, 1882
end
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