The Argus at KellyGang 4/8/1881
THE POLICE COMMISSION
Tuesday, August 2
Present - Messrs Longmore (chairman), Hall, Anderson , Graves , and Fincham, MLA's ; and Mr Dixon.
Mr GRAVES intimated that his duties as Commissioner of Customs would prevent him from paying much attention to the proceedings of the commission, and he thought it better to resign his position on the commission.
The other commissioners expressed their hope that he would remain a member of the commission, and attend its sittings whenever possible, and Mr. Graves promised to do so
Superintendent Winch was then examined for some time in private. When the doors were again opened, he continued his evidence as follows: - 'The police force ought to be governed by a chief commissioner and two assistant commissioners. The organisation as it was would be effective if carried out. But there had been a detrimental interference with officers having charge of districts. In the event of a crime being committed in any district, the working out of the problem ought to devolve on the officer in charge of the district, to whom all information on the subject should be given. Of course, if any such officer proves himself worthless, he should be dismissed. But until he proved himself worthless he should not be interfered with. The present organisation could scarcely be improved upon if it was strictly carried out.
Mr. Dixon here stated that it would be better to exclude the press and other officers of police, so that each witness could give an independent, unbiased opinion on the general management of the force.
The commission resolved to postpone Mr Winch's further evidence.
Thomas M'Intyre deposed that he was a mounted trooper. He was with Sergeant Kennedy's party when the Kelly gang shot Kennedy and two constables.
It was here stated that the Chief Secretary had referred M'Intyre's case to the commission, so that they might decide as to whether he should be allowed to retire, and if so, what compensation he should receive.
Some of the commissioners stated that such a question did not come properly within the scope of their duties as defined in the commission, and that if the commissioners began to consider such cases their duties would be endless.
A resolution was passed to the effect that the commission had no power to deal with questions of compensation or retiring allowances to members of the force.
Constable M'Intyre went on to state that he was 12 months in the " Kelly country" before the police murders. Those murders took place about 5 o'clock in the after-noon. The constables of the party were scattered at the time. Some were shooting parrots, and others patrolling. They anticipated no danger, and the attack was a complete surprise. There were no regulations as to how such parties should carry on operations. Kennedy and Scanlan went away together, patrolling. The sergeant did not caution witness or Lonigan as to the probability of the Kellys being in the neighbourbood. Supposed they went out on patrol to get acquainted with the country. The party never anticipated an attack, although they believed the Kellys might de- fend themselves. Each man had a revolver, and there was a Spencer rifle and fowling piece with the party. Did not believe the Kellys intended from the first to murder the whole party, but to capture their horses and arms.
To Mr. Sadleir - Sergeant Kennedy had instructions from Mr. Sadleir to go to the spot that was chosen as their camping ground, where the country could be thoroughly searched.
James Wallace , state-school teacher, was then examined, but at the request of the commission we withhold his evidence pro tem
The commission adjourned until half-past 11 o'clock a.m. next day.
At the sitting of the Police Commission yesterday, the examination of Mr James Wallace, a state school teacher, was resumed. Mr Wallace, who was a schoolfellow of Joe Byrne, one of the late outlaws, was, during the Kelly operations, in charge of a state school on the King River . He offered to assist the police, and as he was well acquainted with Byrne and likely to learn some- thing about the proceedings of the outlaws, his assistance was for a time accepted! and he received from the authorities about £80, not, as he states, in payment for his services, but in payment of his expenses in acquiring information. The evidence taken so far regarding Mr Wallace's proceedings led some of the commissioners to express the opinion that Mr Wallace had deluded the police and led them astray. Mr Dixon stated that Mr Wallace was thoroughly un- reliable, and ought not to be retained in the service of the state. At the request of the Commission, we withhold publication of Mr Wallace's evidence.
The other witness examined yesterday was John Sherritt, brother of the late Aaron Sherritt, who was murdered by Byrne. This witness denied a statement of Wallace's, that he or his brother had had in his possession the watch taken from Sergeant Kennedy, one of the police murdered by the outlaws.
The Commission deemed it advisable to request the reporters not to take notes of Sherritt's other evidence.
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