The Argus at KellyGang 25/3/1881 (2)
Nicolson giving evidence
The information was given by a bark-stripper who had been at work in the ranges near Mrs Byrne's. Did not protest before searching the Sherritts' hut against the assemblage of so many men. On the journey everything was done without my knowledge. About November 12 I was at Wangaratta, when a messenger came to tell me that a party of police, under Sub-inspector Brook Smith, had traced the Kellys from Lake Rowan along the Warby Ranges, and had recovered a police horse, taken from the murdered police by the outlaws. Sent word back to them to remain where they were, and by all means to keep the finding of the horse secret. An hour or two afterwards I saw the party riding into Wangaratta with the horse. Remonstrated with Mr Brook Smith, who said the horse was found five or six miles from Wangaratta, that the men were fatigued and hungry, and that he had considered it as well to come in and sleep at Wangaratta as to remain out there, and that he would be off again by daybreak. The party had two black trackers with them. Next morning found Mr Smith had not started. Roused him up and sent him after his men. Examined the horse, and came to the conclusion it had been dropped about a week, and ridden previously. Mr Smith subsequently returned with his men, and his report was not satisfactory.
Mr Sadleir and I went out with the party back to the Warby Ranges We took one side of the country, and I sent Sergeant Steele, of whom I had a high opinion, to take the other. We came back without any result. Sent Sub-inspector Brook Smith back to Beechworth, with instructions not to interfere with the Kelly business any more. Did not feel confidence in him. That was the only occasion on which I noticed any of the men showing dissatisfaction with an officer. The men were dissatisfied with Mr Smith. He had Senior-constable Johnson under him. That is the man who set fire to Mrs Jones's hut at Glenrowan. The men wire dissatisfied because they had not stayed in the ranges all night, and followed up the Kellys' tracks early in the morning. They had also found a bush- made ramrod, and they had felt sanguine about capturing the outlaws. I consider Mr Smith showed a want of judgment and a general unsuitability for this sort of work. He made a mistake in coming back that night to Wangaratta. His convictions were not firm; he had not sufficient decision of character. He had received my instructions not to come back before he returned, and was guilty of disobedience. I have very much reason to doubt whether the Kellys were at the time near where the horse was found. Believe the horse had been left there a week before.
The strength of the force in the North- Eastern district in September, 1878, or one month before the police murders, was as follows - Mounted - 3 officers, 9 sub-officers, and 43 constables; on foot - 9 sub-officers (first and second class sergeants and senior constables), and 10 constables. Divided the country into districts, and formed search parties. Commenced forming those parties on 20th November. Mr Sadleir had just recovered from scarlet fever, and was convalescent at the time. He was therefore only able to perform ordinary duties. Was out with several search parties, and when not with them was continually travelling. At that time could get no guides, with the exception of Mounted-constable Dixon, of Kilmore.
Another man, named Nicholson, was picked up at Mansfield. After travelling through the country we camped at night for supper, posted sentries, and moved on further before setting down to sleep. Several times I went on foot with small parties to suspected huts, and would not get back to the camp the same day. Had to be down to rest in the bush until daybreak. This had a very serious effect on us. It reduced our strength, and we returned much fatigued and our horses exhausted. It is the hardest duty a man can do. At first the search parties did not remain out very long, but when Senior-constable James, Sergeant Steele, or myself went with them we were out for a fortnight at a time. Mr Sadleir and myself, with the assistance of Sergeant Whelan, of Benalla, and Sergeant Steele, of Wangaratta, mapped out the country into districts, and a party was appointed to each district. When parties returned they gave in reports of their proceedings. These reports should still be in existence. Did not give each party a sectional plan of the country, but furnished them with instructions. They all knew the country more or less.
The officers in charge of the districts were never instructed to report everything to headquarters before acting, but to act on their own discretion. The statement that they were cramped in their action is not true. On Monday, 9th December, I arrived in Benalla with a search party. From the statements and reports of the other parties, I was satisfied that the gang were not in the Kelly country. The country had been thoroughly searched. The camp occupied by the gang before the murders was found, but no trace of their movements after the murders. I call the Kelly country that district east of the Benalla and Mansfield road, including the Mansfield and Beechworth district. This definition excludes the Strathbogie Ranges. A search party was stationed at Broken River, on the Benalla and Mansfield road, for the express purpose of searching that district. On Monday, 9th December, a man named Quinn came into the barrack-yard in the afternoon, and asked me to go with him to the head of the King River, 70 miles from Benalla, and said he would take us to the Kellys. He was Ned Kelly's uncle, and I knew he was not a reliable informant. He saw the fatigued state our horses and men were in, and I asked him, "How could we now start in pursuit of these men?" and declined to go. I also spoke to Mr Sadleir about the matter. Quinn said the gang were at the head of the King River, and, as was afterwards proved, they were at that very time at Euroa. He wanted, evidently, to lead the police off the track. Previously, he had promised to assist us, but I always distrusted him. Wild Wright was never engaged by the police, to my knowledge.
A considerable time previously, a letter was received from Senior-constable Kelly from Hedi. It had fallen, somehow, into his hands, and revealed that persons on the New South Wales side were arranging to assist the outlaws to escape. The Kellys had been prevented in an attempt to cross the Murray before Sadleir and I concluded to run up to Albury to warn the border police. We arranged to go up with the last train that night, and were to return by the first train in the morning.
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