The Argus at KellyGang 28/9/1882 (3)
Royal Commission evidence
To Mr DIXON -Mr Winch never suggested to me what to say when called upon to give evidence before the commission.
Constable Patrick Weldon having heard Superintendent Winch's statement regarding his evidence given on a previous occasion in answer to Superintendent Winch (who admitted that he was in the house referred to and that Sergeant Dalton was with him) said that he (Mr Winch) was not hidden under any clothes in the bedroom in which he was found. He (Weldon) never told any one that Mr Winch was in hiding.
To Mr DIXON -He saw no one but the servant and Madame Bussell. Constables M'Inerney, Gleeson and Heffernan were with him (Weldon) but there were no other officers present. He could not give the date of the occurrence. Witness kept a pocket book but he did not make any entry of the occurrence nor did he report it. The pocket book was at his home and he could get it.
Mr Winch made an inaudible remark.
Mr DIXON -It is no use your trying to throw cold water on this. We will have this book.
Mr Winch -I don't wish to throw cold water on it.
Mr DIXON -I can see by your style what you want.
Mr Winch-I don’t think you have any right to make such a remark. My style is as easy as yours.
Mr DIXON -Mind we have got fresh evidence here to day.
Mr Winch -I don't care about your fresh evidence.
Witness -I did not see Sergeant Dalton in the house. From the circumstances under which I found Mr Winch I adhere to my opinion that he was not there on police duty. My right to enter the room in which he was was challenged by the woman of the house.
Mr Winch -I suppose your right to enter any room was challenged.
Witness -Yes
To Mr FINCHAM -Sergeant Dalton might have hidden himself in the house when he came in. If he knew that Mr Winch was upstairs, and that there were other constables in the house he might have remained down stairs and been there when witness and the other constables left the house. Witness could give no reason why Dalton should purposely hide.
The CHAIRMAN - Must Mr Winch have been in the house when you went in?
Witness -I think he was.
The CHAIRMAN -If he was there would he not naturally tell you the cause of the disturbance when be met you?
Witness -It is not usual for an officer of police to tell a constable what has taken place. He simply said that he had come over to see what action the police took when such disturbances occurred.
The CHAIRMAN -Could Mr Winch have entered the house after you went in?
Witness -I don’t think he could. After I entered it was possible for some one to come in.
The CHAIRMAN -Did you expect under ordinary circumstances to see an officer of police in a woman a bedroom?
Witness -No
The CHAIRMAN -After you had searched every other room what did she do to prevent you entering the room in which you after- wards found Mr Winch.
Witness -She stood at the door and said she would not let me go in but I instated upon going in.
The CHAIRMAN -Did she assign any reason for refusing?
Witness -No
The CHAIRMAN -Did the woman say that the room was her bedroom?
Witness - No. The door was closed and when I insisted upon entering the woman said, "Let me go in first" I consented and she went in, closed the door for about a minute, and then carne out and allowed me to enter. Mr Winch was standing by the door and from the circumstances, I was led to believe that he was not concealing himself.
Mr Winch -I shall traverse these statements. On the door being opened did you not enter with the woman?
Witness - No
Mr Winch-You say that it was quite possible for a person to enter the house after you went in
Witness -Yes
The CHAIRMAN -Could anyone have entered without your knowledge and gone upstairs to the room?
Witness -No
Mr W inch -Is it not the duty of police officers to occasionally visit disorderly places for the purpose of ascertaining how they are conducted?
Witness -Yes
Ex constable Cash -Did you not tell me in course of conversation that Mr Winch asked you not to tell anyone that he was m the house?
Witness-Yes. I forgot to mention that to the commission before. He did tell me not to mention it to anyone.
The CHAIRMAN -Will you give that as a reason why you did not make a report of the occurrence?
Witness -I think it would be the principal reason.
The CHAIRMAN -Did you consider that a sufficient reason?
Witness -I might have thought so. The offence was trilling. The noise and screams were louder than any injury that was done justified. When the commission first asked me why I did not report the disturbance, I did not remember at the time that it was becouse Mr Winch told me not to tell anyone otherwise I should have assigned that as the reason.
Mr FINCHAM -Had Mr Winch left the bedroom when you came away? Witness -I left him upstairs.
Mr Winch -Might not orders be given that nothing should be said about certain matters for official reasons?
Witness -Yes
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