The Argus at KellyGang 6/4/1881
THE POLICE COMMISSION
TUESDAY, APRIL 5
Present – Messrs Longmore (chairman) Graves, Fincham, Hall, and Anderson, MLA's, and Mr Dixon.
The following copy of a telegram was put in as evidence:-
Benalla Railway Station, June 2, 1880.
"Send Constable Armstrong back to his station. Withdraw the watch party and send them to duty. Any further orders from Superintendents Hare or Sadleir. Detective Ward already instructed that no further authority for money or supplies to Tommy or his friends "CH Nicolson, ACP."
Mr Nicolson said he was ready to offer any explanation. He had ordered no agents to be paid off.
Superintendent Hare continued -I said what Detective Ward told me, that Senior-constable Mullane had received instructions from Mr Nicolson to pay off all the agents and that Detective Ward thought it strange the order had not gone to him.
Mr Nicolson-The statement of Mr Hare is not borne out by the telegram read. It is strange that Mr Hare, although the telegram has been available for his inspection all this time, never satisfied himself that the charge he had to make against me was well-grounded.
Superintendent Hare - Now I have read the telegram it does not bear out what Detective Ward led me to believe. The telegram was sent six hours after I had relieved Mr Nicolson, and no record of it was left in the Benalla office. The instruction to with-draw the watch party was most extraordinary. I don't know where the watch party was. For the first two or three days after going to Benalla, I spent my time in reading up the papers in the office, and getting information. Mr Sadleir gave me all the information in his power. Mr Nicolson communicated verbally with his agents, and some of the letters I found in the office were not much good to me. There were a few letters from the "diseased stock" agent. There is one produced dated 13th July, that I did not see. There were other letters from different agents. There were some from Joe Byrne and Ned Kelly to Detective Ward and Sherritt.
Visited various parts of the district, and had conversations with the men. Said that I would station black trackers at various points. All I asked the parties to do was that they should communicate by telegram with me be- fore starting anywhere, so that I might know where they were going. Of course the instructions were also that they should wait for an answer from me. The reply would have taken no time, as there was always someone at Benalla .The Yarrawonga party had carte blanche, there being no telegraph station there. Some parties were sent out with instructions to go where they liked, and stay out as long as they thought fit. Constable M'Henry was specially employed for his knowledge of the King River country. Gave him his discharge from the service, and he went into that country, where he had friends. He was to communicate with me under an assumed name. Received about four communications from him.
Also sent Constables Canning and Fawkiner into another locality. They went about the locality, which was known to Canning, seeking information. About three days before Sherritt was shot they returned to Benalla with important information they had picked up from a Chinaman. Wanted further information, and sent Fawkner back. In the meantime Sherritt was murdered. Fawkner subsequently told me that a Chinaman had told him and Canning that the outlaws were still in the colony, at Buckland, getting supplies from a Chinaman, and that the police were not to be so informed. The Chinaman did not know that Fawkner and Canning were constables. He was afraid, if he gave information to the police, that the other Chinaman would be endangered. Also received information that the outlaws were in a great measure dependent on their blood relations for their provisions. Sent a party of police into Aaron Sherritt's house. Sent another to watch Mrs Hart's house, near Wangaratta; and I also placed four men at Glenrowan police station. These three parties were ordered never to leave the houses during the day.
The Glenrowan party were ordered to watch Kelly's house. They were never to leave the houses by day, and at nights were to go away singly and meet at some appointed place. They were not to go out until an hour or so after dark, were to avoid observation when watching, and were to return singly to their shelter at daylight. Four men were in Sherritt's house when he was shot. The Wangaratta party heard the shooting at Glenrowan on the day the gang was destroyed when they were nine miles from there, and went there to take part in the affair. The Glenrowan watch party were removed on the Saturday before the Glenrowan affair, because Constable Bracken told me the weather was so severe that they would have to be sent into the hospital it they were not removed. It is unfortunate that the party in Sherritt's house behaved as they did. Had the Glenrowan party remained there, they would of course have been there when that place was stuck up; and I don't know how they would have behaved.
The outlaws were not aware that the police were in Sherritt s house at first. Mrs Sherritt told them, in reply to a question, that the men inside were police. I differ in opinion from Captain Standish as to the manner in which the police in Sherritt's house behaved. They ought to have tried to capture the outlaws, even if they risked their lives. Believe the outlaws broke out on the last occasion because of the steps I had taken in stopping their supplies and stationing parties where I did. It is well-known that when the Kellys came to Glenrowan that Sunday. Ned Kelly frequently spoke of me as if he had a down on me. He told many people he would have me and the black trackers. After I returned to Benalla I was privately informed that the outlaws were going to commit an outrage which would astonish not only Australia but the whole world.
Had interviews with Aaron Sherritt four or five days after arriving there. Met him near Beechworth with Ward. Never met him in the town. Told him I was sorry he had not lately given satisfaction. He said he could not work with "that cranky Scotchman," alluding to Mr Nicolson. He also said Mr Nicolson used to lose his temper and distrust him, and that he did not care about working for him. Asked him where the outlaws were, and he said they were about still.
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