The Argus at KellyGang 17/12/1881 (2)

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He then deals seriatim with the long list of charges levelled against him by "the four commissioners," and his answers to each of them have been compiled with manifest care and a close study of the evidence on which they rest. He contends in many instances that the charges rest on either the most slender evidence or on none at all excepting that of a single interested witness. For example the commissioners write:—"There seems every reasons to believe that Superintendent Hare was throughout in direct collusion with Captain Standish in the petty and dishonourable persecution to which Mr Nicolson was subjected." Mr Hare, replying to this charge, says:—

" There is no evidence to bear out the assertion that Mr Nicolson was subjected to any petty or dishonourable persecution, beyond is own statement, and I most emphatically deny that I was in collusion with Captain Standish for any such purpose." In a similar strain every paragraph is answered by Mr Hare, down to even the insignificant charge of having enjoyed certain advantages as police officer in charge of the Richmond depôt.

Mr Superintendent Sadleir's communication is of an entirely different character since he deals with the mass of evidence contained in the 750 pages of the report of the commission. He commences by expressing his confidence in his ability "to show that the grievous reflections" which the commission has put upon him are altogether opposed to the evidence.

There are four principal points to which he addresses himself. The first is what is known as “the Sebastopol charge," when Mrs Byrne's house and one or two neighbouring buildings were searched by the police. He denies that he deserves any blame in that affair, and argues that the evidence given does not warrant the findings of the commission. He meets the condemnation pronounced against him in respect to his having neglected to watch the hollow log in which provisions were found secreted, and his further alleged neglect in not having Mrs Skillian and Kate Kelly followed, in precisely the same way. He affirms that only a man thoroughly accustomed to the part of the bush in which the outlaws were hidden could possibly follow the women mentioned.

Mr Sadleir enters into a very long explanation of his conduct during the Glenrowan affair, with a view to exonerate himself from the imputations cast upon him. He also deals with the statement that he had dealt harshly in making certain entries regarding Constables Johnson and Kelly. He declares that Kelly admitted to him that it was his (Mr Sadleir's) duty to make the entries which he did, and for which the commission blame him, whilst recommending that the entries should be erased from the police records.

Detective Ward , in a short statement, respectfully protests against the finding of the commission. In the course of his remarks he says—"I could not imagine it possible that the commission could condemn me without at least giving me the opportunity of calling rebutting evidence. As regards the testimony of the constables Barry, Falkner, Duross, and Alexander, who at one time formed the "cave party," Detective Ward says—"The stories told by these men are in one instance direct untruths, told to cover their own neglect of duty, and in another perhaps unintentional misrepresentations of facts." He protests that he is still prepared to produce witnesses who can refute the testimony of the men alluded to, on whose statement he has been undermined, whilst the testimony of officers under whom he has served does not appear to have been considered.

The last of the papers is from Constable Alexander, one of the policemen who were concealed in Sherritt's hut at the time he was shot. These four constables were recommended by the commission for dismissal.

Constable Alexander now asserts that he urged his fellow constables to make a rush at the outlaws, but that his suggestions were not only thrust aside, but that Constable Armstrong, who was in charge of the party, proposed that they should give up their arms to the outlaws. He stated further that it was to prevent Armstrong from carrying this project into effect that he had to watch him, and that subsequently Armstrong, who had always been regarded as a brave and resolute man, admitted to him that on the occasion referred to he "funked," though he had never done so before. The other portions of Alexander's statement are only repetitions of what has already appeared both in the newspapers and in the report of the Police Commission.

We are informed that a meeting of the commission will be called shortly to consider and deal with the officers' statements, which have been referred by Mr Grant to the chairman for the information of the commissioners.

end

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