The Argus at KellyGang 30/6/1881 (2)
SConst Johnston giving evidence
Saw Mr Nicolson there who gave orders that first thing in the morning the tracks should be followed again. That day the party had a tracker with them. Mr Smith said that his men would shoot the outlaws if they found them. Mr Nicolson told him to follow his orders. The men believed they could have caught the outlaws had they followed up the tracks promptly. On the following morning the party was to start at 4 am but had to wait until 9am as Mr Smith was not ready to start before, not having got out of bed. The party left before Mr Smith started. He overtook the party. When they got near the ranges Mr Smith asked where he was being taken to. Told him he was being taken to where the tracks were last seen by the party. He insisted on going 10 miles further back to where he had last seen the tracks. That was contrary to the wish of the men. Ultimately the party got to where the tracks were last seen by them. That was on March 10. Followed them some distance.
On March 11 the party followed the same tracks towards Greta. But there were then the tracks of four horses only. Heard three men had been seen near the railway line. The tracks were going in the direction of the Warby Ranges again, and they learned that the chestnut horse which was taken from the police at the Wombat had been found on these ranges. Went then to Wangaratta, and next day a party including Mr Nicolson, Mr Sadleir, Mr Brook Smith and Sergeant Steele returned, and having picked up the tracks, followed them northward for some distance. Gave up the track in the midst of some thick scrub. The trackers were rather slow on this occasion. They retraced their steps. Witness intended going up the Warby Range , but was called by his officers to return to Glenrowan. Witness considered that the tracks should have been followed up through the scrub. The men were very anxious to follow.
Witness told this to Mr Smith, who replied that the men had to obey orders. Afterwards witness complained to Mr Hare and Mr Sadleir that he was badly treated at the Warby Ranges , and that if he were burked in a like manner again he would act on his own responsibility. Also complained that Sergeant Steele was allowed once to leave his officers and act by himself, and Mr Sadleir said that Steele did so on his own responsibility. If witness and his men had been allowed to go out by themselves they would have given a good account of themselves. Considered they were then close to the Kellys. Held that the officers on the occasion he referred to baulked the men. Believed the Kellys could have been captured three weeks after the police murders, had prompt steps been taken in the ranges. For a time Mr Nicolson's system was similar to that of Mr Hare. Held that Mr Hare's scouring parties were calculated to keep the Kellys on the move. The present system by which the police had to travel throughout their district was good inasmuch as it enabled the constables to obtain that knowledge of the country which was indispensable for efficiency.
Witness was at present stationed at the Victoria Barracks. He had been removed from Euroa, and he considered this a punishment, as no other station had been provided for him yet. It was he who set fire to Jones's hotel. He had previously wanted to rush the place, and that was what he would have done had he been in charge. It was on hearing that a cannon had been sent for that he asked permission to burn the house so that the outlaws might be driven out. Saw one of them at the back door 10 or 20 minutes before setting fire to the house.
The commission then adjourned until Tuesday, at 11 o'clock .
WEDNESDAY, JUNE 29
Present – Messrs Longmore (chairman), Anderson , Gibbs, Graves , Hall, MLA's; and Mr Dixon.
Superintendent Nicolson attended and explained that Mr. O'Connor was under a misconception when he said that he (Mr Nicolson) favoured his appointment.
Mr. GRAVES said he had received a letter from Mrs Sherritt denying the statement of exConstable Armstrong that her children went to school with Byrne's children, and that this was the secret of the discovery by the outlaws of the cave party. She averred that the cave party revealed their own existence by going into Beechworth as often as they got a chance.
The following resolution, proposed by Mr Anderson, and seconded by Mr Graves, was carried unanimously:-
"That the resolution passed at the meeting of the commission held on Wednesday, 1st June, dipensing with the further attendance of the officers of the police, be rescinded, and substituted by the following - "That the officers be permitted to attend the meetings of the commission while evidence is being taken and where statements are made reflecting upon their character or conduct; and that they be allowed the right of cross-examining the witnesses, their questions to be submitted in writing and put through the chairman.'
Copies of the letters which had passed between Mr O'Connor and the Queensland commissioner of police having been received from the latter, they were now read by the chairman, and were as follows:
“ Melbourne , July 1,1880 .
"DT Seymour, Esq, Commissioner of Police, Brisbane.
" Sir,-I have the honour to report that on Sunday, the 27th June, at 7 pm , I received a letter from Captain Standish (copy attached). I saw Captain Standish about half past 7 pm , and informed him that I was most willing to assist him, but as I was under marching orders, I should like the Chief Secretary to wire to you, so as to hold me blameless. If I should be doing wrong in going, I, with my five troopers, left here by special train at 10 pm , en route for Beechworth. We arrived at Benalla about 1am , and picked up Superintendent Hare and six men. From here our train was preceded by an engine as a precaution, when upon nearing Glenrowan station the advanced engine was observed to have come to a halt, and then we found that a man had rushed out of the bush, and informed the advanced engine-driver that the outlaws had torn up the rails about a mile farther on. Superintendent Hare and I consulted, and we decided to draw the train.
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