The Argus at KellyGang 31/3/1881

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(full text transcription)

THE POLICE COMMISSION

Wednesday, March 30

Present - Messrs Longmore (chairman) Anderson, Hall, Gibb, and Fincham, MLA's, and Mr Dixon

Mr O'Connor further deposed. - In my opinion Mr Hare's energy was misdirected. Mr Sadleir on several occasions remonstrated with Mr Hare and tried to show him the folly of going out, as he did, on no information. Captain Standish often spoke of Mr Nicolson in the most disparaging terms. Once, after Captain Standish had been running Mr Nicolson down, Mr Hare said, "You should not say that, Mr Nicolson is and always was a true and loyal friend to you." Captain Standish on one occasion referred to the death of Mr John Thomas Smith, and said, "Now Nicolson's billet as assistant-commissioner will be done away with, as Mr JT Smith got it for him. The billet is all a farce, and it will be all up with him now, as he has not another friend left." Captain Standish never went out with a party of police while I was with him at Benalla. He went to Melbourne several times, but never stayed long, telling me he was always hunted out of Melbourne by Sir Bryan O'Loghlen, Acting Chief Secretary.

After Mr Hare came back from his last bush trip, about the end of June, he was down-hearted and sick, and expressed himself as thoroughly beaten, and as not caring about staying longer, as he didn't expect to capture the outlaws. Captain Standish was most reticent and would never tell Mr Sadleir or myself anything until he had first told Mr, Hare, and then only some days afterwards. When Mr Nicolson resumed charge of the district, he commenced work in a totally different manner from his predecessors. He put him-self into communication with persons likely to know the gang's movements, and got some of them to act as spies. He was not reticent with Mr Sadleir or myself.

On 15th August 1879, Captain Standish communicated to Mr Nicolson the sticking up of the Lancefield bank, telling; him to start my party of trackers. We arrived on the same day at Kilmore. We picked up the robbers' tracks and followed them 18 miles, to Pyalong. Here heavy ram obliterated the tracks already faint from previous rain. But we ascertained the direction the robbers had taken, and through that the robbers were ultimately captured. In September, 1879 Mr Sadleir, then at Wangaratta, informed us by telegram that — — had told him he had seen five armed men answering the description of the out-laws. Mr Sadleir recommended our party to be got ready. Mr Nicolson told Mr Sadleir to bring the informant down. The man was afraid to be seen with the police, and so Mr Sadleir did not bring him. Mr Sadleir said he thought he could find the place where the men had been seen. I recommended as the tracks would probably be obliterated by other traffic, that we should not go unless the informer showed us them. Mr Nicolson, knowing the character of the informer and on my advice, decided not to go. Once we got information the outlaws were seen near Wangaratta, and that the telegraph line was broken. On arriving at Wangaratta, for which place we forthwith started, we ascertained the whole thing was a mistake. A threshing machine had pulled down the wire.

For some time after that information ceased to come in. The Kellys got frightened that if they stirred we should be after them at once. We decided then not to go out except on reliable information. After a time Mr Nicolson got information and told me to be ready any moment, as he knew the Kellys were within a certain radius, and he was waiting for exact information. Did not doubt that if he had remained the Kellys would have been taken. Everything was pointing to that result. Info rmation was continually coming in. About a week before he was removed an informer saw Joe Byrne and spoke to him. Twelve hours after we heard of it, but there were in the interval a few hours of heavy rain. We went to Beechworth, where we saw Aaron Sherritt, who begged us not to go out. He had followed Byrne's tracks to where they were lost on the main road. He also said if we did not get the outlaws they would know who had given the information, and would murder certain persons. Mr Nicolson was very anxious to go out, as he considered it would probably be his last chance, but he asked the opinion of Mr Sadleir, myself, Senior-constable Mullane, and Detective Ward. We all considered it would not be justifiable to risk the lives of the informers under the circumstances, as nearly all our agents were in this portion of the district. We hoped for another chance.

On 21st May 1880 , an agent sent in word that he had seen Joe Byrne up a gully near Mrs Byrne's house. We started at once, and reached the exact spot. Got a man s track but found it was that of a person collecting cows. Aaron Sherritt, who had met us near Everton, and acted as guide saw it was Joe Byrne's brother. Returned to Benalla, and Mr Nicolson was superseded by Mr Hare next day, June 2, 1880 . Captain Standish was constantly issuing orders and counter orders to Mr Nicolson. Sometimes he would order a reduction of the men employed, and at others he would order that men should not be employed at certain places. I often wondered that Mr Nicolson did not pitch the whole thing up. But he told me his private feelings were sunk, and that, for the public good, he stuck to the district. In my published report I say that Captain Standish "made a series of communications to the Queensland Government tending to depreciate me, and to remove the men from my control and supervision.

This was done without my knowledge, and consequently I had no opportunity of explanation to my Commissioner."He asked the Queensland Government that my men should remain without me, and did so without letting me know of his application. The application was refused, as were also others to the same effect. At last the Queensland Government allowed him to take over one man that I had enlisted in Victoria . Reported the matter to the Queens-land Government complaining of the discourtesy and requesting recall. Was recalled accordingly. Then I left Benalla. Mr Hare superseded Mr Nicolson on June 2, 1880 . Mr Nicolson, in the presence of Mr Sadlier and myself, handed over the documents and papers to Mr Hare. We talked together some time. Mr Nicolson gave Mr Hare information, and they and I had lunch together. From June 3rd to June 25, Mr Hare worked in the same way as Mr Nicolson had been doing before removal. Mr Hare told me he didn't know what to do, and that, although he had carte blanche as to money, he could get no information.

continued

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