The Argus at KellyGang 25/3/1881
The Police Board sat again yesterday at the Treasury building, Mr Longmore presiding. The only witness called was Mr Nicolson, the assistant commissioner, who was examined at great length respecting the conduct of the police in connexion with the Kellys. The witness denied several of the statements made by Captain Standish, and said the relations between that gentleman and himself had been strained for many years. The board meets again to day, and Superintendent Hare has been requested to attend and give his evidence.
THE POLICE COMMISSION
THURSDAY, MARCH 24
Present - Messrs. Longmore (chairman), Fincham, Hall, Gibb, Graves, and Anderson, MLA's, and Mr Dixon.
The commissioners intimated they would examine Captain Standish on his evidence when it was printed. Captain Standish withdrew.
CH Nicolson, acting chief-commissioner of police, was the next witness. He spoke in such low tones that it was frequently impossible for the reporters to hear him. He stated, - I was appointed to my present office in July, 1880. Prior to that I was assistant commissioner of police and inspecting superintendent. On the 28th October 1878, on receipt of the news of the murder of the police near Mansfield, I received instructions from Captain Standish to at once proceed to Benalla. Did so, and went to Mansfield next day. In the whole district there were then 50 or 60 police. (Witness then detailed how he had sent out search parties for Sergeant Kennedy and the Kelly gang) On November 1 we heard a man had been stuck up on the Murray flats, near the Baumgartens. I had had much experience, having been in charge of the detective force for 11 years, and thought the rumour correct. Despatched a party the same night to Wodonga to inquire into it, Sub-inspector Kennedy being in charge. Receiving no report when I expected one, I went to Wodonga. Was informed Kennedy's party had found the man alleged to have been stuck up, and that they doubted his statements. Was not satisfied, and saw the man myself. Believed from what he told me he had encountered the outlaws. Went to the Baumgartens' and found the Kellys had camped there, and disappeared at sunset. Found their camp. This was on November 2. Had with me a black tracker, and followed the gang's tracks to within a quarter of a mile of Barnawartha. By that time it was dark, and the tracker could proceed no further. The tracks then led away towards Indigo Creek. Found the gang had passed near Wangaratta on November 3. It was undoubtedly the Kelly gang. In the meantime, before I heard of their passing near Wangaratta, I had spent some time in fruitlessly searching the country near the Baumgartens' place. Concluded the gang had intended to cross the Murray, but been prevented by a rise in the river. Then they had ridden straight back. Had the whole district thoroughly searched. On the night of the 3rd they passed by Everton Very soon afterwards got another trace of them. We could, however, get little or no information from the inhabitants, who were terrorised, and had more fear of the Kellys than confidence in the police. About November 7 we again heard of the Kellys. Captain Standish happened then to be at Benalla. The intelligence came from Superintendent Sadleir, then at Beechworth. As related by Captain Standish, we immediately went to Beechworth, arriving there at dark. When day broke, I saw there a body of about 50 police. Such a large body was calculated to defeat the object in view. Cannot say who was responsible for such a large force collecting there. The party started for Sabastopol. The noise we made in crossing the ranges was like thunder. Do not know who gave the orders for so many men. Captain Standish, being chief commissioner, was in command, I was next, and Mr Sadleir next. Don't think the men were collected by Captain Standish's order. We got to the Sherritt's hut at Sebastopol. It was about three miles from Beech- worth that the force numbered 50 men. If any officer had anything to do with the congregation of so many men, it was Mr Sadleir. I was in charge of the district. Captain Standish never took the command of the party.
Mr GRAVES- Under whose direction did the 50 men come there?
Witness - It was only at daybreak that I discovered there were so many men there.
Mr GRAVES - Have you any subsequent information as to who gave the directions for the congregation of the men?
Witness - Mr Sadleir had given orders for some, but not for all. Dare say some men came voluntarily. They came trooping in from various directions under various sub- officers. Did not then remonstrate with Captain Standish on the subject. Mr Sadleir and Captain Standish rode together. Could not hear what they were talking about. I have been attacked about this affair. We visited the Sherritts' hut, and, as Captain Standish said, did not find the outlaws there. It has been insinuated that I avoided meeting the Kellys, and I wish to explain this matter. At the back of the hut there was a large paddock. When we got near it I asked two or three men near me to come with me up to it, and I galloped at full speed to the hut. Previously asked Mr Sadleir, who had come to tell me the Kellys were in the hut, to see they did not get away at the back of the hut. Knew nothing about the object of the journey until we came near the hut, when I was told by Mr Sadleir it was the Sherritts' hut. Received no instructions from Captain Standish. He did not send me with seven or eight men to search the hut. His statement to that effect is incorrect. Did not interfere with Mr Sadleir until we got to the hut, as it was he who had received the information on which the journey was under- taken. He did not instruct me to do anything, as he was subordinate to me. Did not think about etiquette under the circumstances. Gave him instructions to watch the back of the hut. There was no dissension amongst the officers.
Mr GIBB - Supposing the Kellys had been in the hut, how far off could they have heard the party?
Witness - Was told afterwards by a man that he heard us a mile off. After we found the Sherritts' hut empty, we proceeded to Mrs. Byrne's hut, and found that empty also. There I saw Captain Standish in conversation with a young lad of the Kelly type. Captain Standish was making proposals to the lad to betray the Kellys, in the presence and hearing of a lot of constables. Remonstrated with Captain Standish for making such proposals in the hearing of others. Detective Ward was one who was standing by. No person with any experience of police duty would have done such a thing as Captain Standish did. From what I subsequently heard I believe the Kellys had been at Sebastopol.
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