The Argus at KellyGang 7/4/1881 (2)

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(full text transcription)

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Hare giving evidence

At the time there was a dispute between the New South Wales and Victorian Governments about Murray River Customs duties, and the former Government had threatened to seize boats on the river.

Sir James M'Culloch gave me notices to exhibit in opposition to the New South Wales Government notices. I had the notices published, and I told a New South Wales officer that I intended testing the question by putting dutiable articles in a boat. Did so, and the New South Wales officer said he would seize the goods. I said if he put his foot on the boat he must take the consequences. He asked if I meant it, and I replied “Yes." I put the goods on at Moama and landed them at Echuca. Remained at Echuca for a fortnight farther, but nothing transpired. Sir James M'Culloch expressed his approval of my conduct, as did also the Commissioner of Customs. My duty was to protect the boats belonging to Victorian people, which the New South Wales Government had threatened to seize. If the New South Wales officer had come on board I should have pitched him into the river. Then came the Power affair. Received a letter from the Chief Secretary thanking me and the other two officers concerned for the capture. In Parliament Sir James M'Culloch said he intended to promote those officers when an opportunity arrived. I was never promoted. In July, 1880, His Excellency the Governor thanked me for my services in the Kelly business.

Mr Carrington, who bound up my arm at Glenrowan, wrote to me in July, 1880, expressing his regret that I was wounded, and stating that for some time the police there were unfortunately left without a leader until Mr Sadleir's arrival. Mr Carrington represented The Sketcher at the Glenrowan affair. I did not inspire any of the reports in the newspapers about the Glenrowan affair. The reporters had a good opportunity of seeing the affair,

Mr O'Connor. – They did not leave the platform.

Superintendent Hare. – They were in the beat position to see what was going on. They obtained information on the spot and at the time. They would have gained their knowledge from personal observation, I presume.

With reference to Mr Nicolson's evidence, he stated he found a number of men using hired horses at Benalla when he went up there on the second occasion, and that he stopped the hiring of horses. That is a mistake. When I left the district there were no hired horses in use. On the first occasion when I went up I found a number of men using hired horses by his orders. When I left the district the police were not using hired horses. He also states he turned out horses to grass. That was done three months before he relieved me. He also read a return of police expenditure in connexion with the Kelly business. When Captain Standish and I went up we found the men had not received any travelling allowances. They were paid the arrears in our time, and those arrears are charged against the time when they were actually paid. He says he was determined to prevent the Kellys from making a raid, and succeeded. I, on the other hand, wanted them to make a raid on a bank, in order that we might get information as to their whereabouts.

Mr Nicolson also said that Dan Kelly and Hart were in a very emaciated state when be left the district. Constable Bracken, on the other hand, stated that they were in good condition at Glenrowan. Ned Kelly was in first-class condition when captured. With regard to the statement of Mr Nicolson that the formation of the cave party had been divulged at the depot, I received information from a constable stationed 60 miles from Beechworth that the existence of the party was known through the district. There were people carrying food to the party, and the whole of the Sherritt family knew of the party. Mr Nicolson stated he kept Aaron Sherritt on as an agent on his own responsibility, paying him out of his own pocket, in the expectation of being reimbursed. For some time also I paid secret service money out of my own pocket.

Mr Nicolson – I kept Sherritt on against orders.

Superintendent Hare – I paid no state school teacher as an agent. Captain Standish and Mr Nicolson did.

Mr HALL – Was it not afterwards found he was a Kelly sympathiser?

Superintendent Hare – Yes. He was a schoolfellow and intimate acquaintance of Joe Byrne. This person is still in the employ of the Government as a school-teacher, but he has been removed from the North- eastern district. With regard to Mr Nicolson's statement that he found some of the police very ignorant of the use of firearms, I can only say they had much practice in firing at Benalla while I was there, and that many of them were excellent shots. I never said there were only three good bushmen in the force in the district, What I did say was that there were three good bushmen in my party. Mr Nicolson stated he had received an intimation from Captain Standish that ammunition was being wasted when he (Mr Nicolson) was in charge at Benalla. I had nothing to do with that, but only reported to Captain Standish that a certain quantity of ammunition, of which I had charge, had been used.

This concluded Mr Hare's evidence.

Henry Moors , chief clerk of the police department, was the next witness.

The CHAIRMAN explained that witness had been called with a view to eliciting from him some information bearing on the statement of Captain Standish to the effect that when he returned from Benalla he found the office in a frightful muddle.

In reply to the CHAIRMAN, witness stated that as chief clerk he would know whether the office was in a muddle or not. He remembered the time when Mr Nicolson had charge of the office. Witness did not think that Captain Standish could have intended to imply what his remarks actually meant.

Witness had not seen confusion or a state of muddle in the office. There had certainly been very important differences between the systems of the two heads of the department, Captain Standish and Mr Nicolson. Captain Standish was very prompt, quick in judgment, very ready in forming a conclusion. Mr Nicolson was more slow, careful and deliberate. He had not had as long experience as Captain Standish. The consequence was that there would occasionally be a delay in sending off papers.

continued

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