The Argus at KellyGang 2/4/1881
THE POLICE COMMISSION
FRIDAY, APRIL 1
Present: - Messrs Longmore (chairman), Hall, Fincham, Graves, and Anderson, MLA's, and Mr Dixon.
Superintendent Hare (continued) – I spared myself in no way while in the North-eastern district. Mr Sadleir and Mr O'Connor told me I was a great fool to go out so much, that I should kill myself. At last the cold frosty nights did nearly kill me, as the party slept without fires and with little covering. Some- times in the morning we found our rugs frozen, and were obliged to hold them to the fire before we could fold them up. Aaron Sherritt once received a letter from Joe Byrne asking him to go to the Whorouly Races and ride his (Byrne's) black mare in a hurdle race. Sherritt showed the letter to us. I arranged to take three of my best men and go to the races with them. Selected three men unknown in the Whorouly country. Directed them to ride singly to the racecourse. Set Lawless (one of the constables) up with an under-and-over table, and the other two represented, one a bookmaker, and the other a yokel. Took Sherritt there, who knew the arrangements. The ordinary constables there did their duty in the usual way. One of Joe Byrne's brothers was there, and there were also a number of sympathisers. Evidence on this subject was given by a previous witness.
On one occasion in May, we received information from a reliable source that the outlaws were to visit a sympathiser living at the foot of a steep mountain. A party of men were sent out to the place, I think in charge of Senior-constable Mays. They approached the house about 2 o'clock a.m., and succeeded in avoiding the dogs. They took up a good position, commanding a view of the house. At day break two boys, sons of the sympathiser came out with dogs and approached near where the police were concealed. The dogs saw the party, and gave the alarm. The boys returned to the house and the owner of the house carne and spoke to the police. On the owner's return to his house three shots were fired from the house, and a hollow trunk of a tree was hit three times as if for a signal. The blows could be heard at a long distance. Kate Kelly was at this house that morning. The police left. Believe the signals given prevented the outlaws from visiting the house or frightened them away.
The sympathisers' dogs were often a great nuisance to us. At last took to dropping poisoned baits about. Next time we visited this house there were no dogs there. Some dogs could not be poisoned. Their owners used to muzzle them. Have seen Mrs Skillian and Kate Kelly riding about with muzzled dogs. The sympathisers' dogs were trained to give the alarm when strange horses' tracks were seen, and follow up the tracks. With reference to Captain Standish, he placed immense confidence in me. That caused much jealousy throughout the force. He frequently consulted me, and we were always on the most friendly terms. As to Mr Nicolson, I never knew any illfeeling existed between us. Always thought we were great friends. Our families were on most intimate terms. It was not until I was ordered up to Benalla on the second occasion that I knew he had an ill-feeling towards me. He says I thwarted him in his duty. Have no idea how I did so. He gave me an instance in which I differed in opinion from him. He made a statement against Constable Redding, one of my men, in whom I had the utmost confidence. I took the man's part. Another difficulty we had to contend with in the North-eastern district was the want of smart young officers. I don't think I should have been sent out on these parties, but there was no one to take my place. A younger officer might have done better than I did. He might have had more dash than I had.
Most of the officers with me there were as old as or older than I am. There were Mr Drought and Mr Toohey. They were sent for to take charge of sub-districts in the Kelly country. When Mr Drought came up he said he had never been on a horse more than once, and then he fell off. Mr Pewtress told me he was a capital horseman when a boy. Few of the men knew the bush. The three constables who were shot knew most about the country. When I said the men were conversant with the use of firearms, I alluded to my own Bourke district men. There were sympathisers besides the outlaws' relatives. Even in Benalla there were sympathisers. The Kelly family were most prolific. There was no end to their cousins and aunts. Their blood relations were all over the colony. When Mr Nicolson relieved me, I sat with him some hours, and gave him all the information I had. Gave him particulars as to the agents employed.
The writer of the letter about "disease stock" was an agent. He had been working for me from the time the sympathisers were discharged. He was one of the most reliable and best men we had. Most of my Bourke men returned with me to my district when I was relieved by Mr Nicolson. The relations between Mr O'Connor and myself got strained over a private matter. If we had met in the street we should have cut each other. When I returned to Benalla on the second occasion, however, we were friends, although not so close as at first. As to official matters, we were on proper terms. On the 2nd June, 1880, was ordered to return to Benalla by Captain Standish. Previously Captain Standish informed me I was to proceed to Benalla to take charge of the Kelly business. That was on April 30, 1880. Protested in the strongest manner possible against being sent up again, pointing out there were senior officers, none of whom had been called on to undertake the responsibilities and hardships that I had undertaken up there. Said the responsibility ought to fall on the senior officers. Said that on a previous occasion I had had to undertake a duty that my seniors had failed in, and had succeeded, but got no benefit.
Referred to the capture of Power.
Said that 10 years had elapsed, and that my position in the force had not improved. He said I must go and demand an interview with Mr Ramsay. Saw Mr Ramsay, then Chief Secretary, and talked the matter over with him. Mr Ramsay replied that the Cabinet were unanimously of of opinion that I should be sent up, and with carte blanche. I said I would go. Had a subsequent interview with Mr, Ramsay, who told me the Government would bear me out in any arrangement I made. On May 3, I was informed by Captain Standish that I need not go at once as, Mr Nicolson had been allowed to remain there a month longer. About this time I wrote to Mr Nicolson, saying I had heard he had alleged I had something to do with his removal, and wanted to take his place. He replied that he had been informed that such was the case, but was glad to find the information was not correct. Captain Standish had told me that Mr Nicolson had said, when told I was to relieve him, "What? relieved by an underling?" That was why I wrote the letter. A person in Mr Nicolson's interest waited on me, and urged me to use influence to prevent my removal to the North-eastern district. I said 1 should not, but would be delighted if Mr Nicolson stayed there.
Mr Nicolson was understood to imply that he had not countenanced the procedure of his friend.
Witness – On June 2 I went to Benalla.
Mr Sadleir was strongly opposed to my going there. Mr Nicolson and I talked together. Messrs O'Connor and Sadlier were also there for some time. Captain Standish had written to Mr Nicolson directing him to hand me over the papers and give me all information. Mr Nicolson handed me some letters from agents, and told me he had paid them all to date. He said, "Mr Sadleir will tell you the rest." In my diary I state on that day, "He told me all in about 10 minutes." Detective Ward told me Mr Nicolson had discharged all the agents at Beechworth, or ordered Senior-constable Mullane to discharge them. Ward said it was strange that Mr Nicolson had not communicated with him, Mullane having had comparatively little to do with the Kelly business. The order was said to have been given in a telegram from Mr Nicolson sent on the day that he left the district. It was at 1 o'clock p.m. that I relieved Mr Nicolson, and the telegram was supposed to have been sent in the evening of the same day. The commission could ascertain from Melbourne if such a telegram was sent, and when. I should have been embarrassed had that order been carried out.
Directed Ward to return to Beechworth and stop the discharge of the agents. The first two or three days after my return to Benalla I spent in examining the papers in the office. They were in beautiful order. Amongst the papers were a number written by the "diseased stock" agent. There were several letters from this agent of a similar description- to that Mr Nicolson read. Believe Mr Nicolson has others from this agent.
Mr Nicolson (to the Commission) -I have other letters from this agent.
Witness - The letters are official papers.
Mr Nicolson got them from Mr Sadleir, thinking they would be necessary at this inquiry. Decided (?) to preserve them for the commission. I only asked Mr Sadleir for official documents.
The commission requested Mr Nicolson to hand in the letters in question, and to return any other papers he had to the office.
Mr Nicolson handed in three or four letters, stating, in answer to the commission, that he had obtained them from Mr Sadleir about the time this inquiry was spoken of.
Witness (Mr Hare) – I have read all these letters, I expect. I read all the papers in the office.
The commission adjourned until 11 o'clock a.m. on Tuesday.
end
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