The Argus at KellyGang 9/9/1881 (3)
4. I had several consultations with the informer, and ultimately sent word to Captain Standish that the informer would be able to point out the exact hiding place of Power.
5. That soon afterwards Messrs. Nicolson and Hare arrived at my station, where they met the informer, and started on their memorable pursuit, which ended in the capture of Power.
6., That during both the interviews I had with Messrs Nicolson and Hare, I understood that Mr Nicolson was in command of the party. Nothing transpired to my knowledge which could convey any other impression."
"I, Stanhope O'Connor, of Flemington, In the colony of Victoria , woolbroker, &c., make oath and say, –
1. That I was, during the years 1879 and 1880. in charge of the black trackers sent from Queensland : to assist in the pursuit of the Kellys.
2. That on the 2nd of June, 1880 , I was present at the interview between Mr Hare and Mr Nicolson, held at Mr Sadleir's office, Benalla, when Mr Hare relieved Mr Nicolson. Mr Sadleir was also present. Mr Hare arrived at about half-past 11 o'clock , and after some general conversation occupying only a few minutes, Mr Nicolson said, 'Now, Hare, we will proceed to business.' They both sat down, and Mr Nicolson proceeded to give Mr Hare an account of the documents he held relating to the pursuit, and to describe minutely the movements of the police for almost a month previously. Mr Hare interrupted him, and said, 'I don't want to know anything about that. When was the last information of their (meaning the Kellys) being seen?' Mr Nicolson then told him exactly the latest information he had, and also gave him full particulars at length, and referred to Mr Sadleir as to whether he (Mr Nicolson) had forgotten anything. Mr Hare appeared satisfied.
3. I left the office at about 10 minutes to 1 o'clock , and stood outside the door. In about five or six minutes Mr Hare came out, and stood with me, talking on general subjects. He asked me if the lunch at the hotel was at the old time, 1 o'clock . I replied that it was, and pulling out my watch,' I said, ' Hang it, Nicolson is late again ; it is five minutes past 1.' Just then Mr Nicolson came out and joined us, and we proceeded to the hotel talking to each other on general topics, and went to lunch.
4. In the afternoon Mr Nicolson asked my wife and myself to dine with him, and meet Mr Hare, as he said Mr Hare and I were going to work together, and he thought we ought to be on the best terms.
5. Mr Hare never mentioned to me from the time he relieved Mr Nicolson to the time I left Benalla that he had received scanty information from Mr Nicolson, or that Mr Nicolson had appeared reticent, and seemed to me to have been quite satisfied with the information he had received.
(Signed) '. STANHOPE O'CONNOR."
Inspector Brooke Smith said he was at present stationed at Horsham. Was formerly stationed in the North-Eastern district, and had been there 24 years. Had read Senior- constable Johnson's evidence, in which he was accused there of not being ready to act on a certain occasion. The fact was that he was then thoroughly exhausted by previous work. On a certain date he was instructed by Mr Nicolson to proceed to Yarrawonga with a search party. On the following day they went to Lake Rowan . There he met another patty, under Detective Kennedy. Directed that he should take one side of the Glenrowan Ranges whilst witness took the other. Constable Johnson, who was with witness, came across some tracks. These tracks led in the direction of Wangaratta. They were lost for a little, and witness went into Wangaratta to inform the acting officer there. Saw Mr Nicolson that evening, and he directed the parties to go out on the following day. They went out without witness, and found one of the horses stolen from the Mansfield police.
On the following day witness again joined the, party, and was shown by Constable Johnson a place on the top of the Glenrowan Range near where they had recovered the horse. Went on with the party to Mr Newcombe's station. The tracks were traced to within a mile of that place, and then, turning to the left, they were split up into two. Next day went with the party to Glenrowan to follow up the tracks. After following them for some distance, witness went back to Wangaratta and reported what had been done to Mr Nicolson. The latter wanted witness to start again immediately. Witness was, however, very tired. Started again next morning with Mr Nicolson and Mr Sadlier and the black trackers. This was now the fourth day. Witness had no command after this.
To the CHAIRMAN – Constable Walsh once informed me that four horsemen had crossed the One-mile bridge, but I laid no weight on that statement. Have not the least recollection of receiving information from Sergeant Steele that the gang passed through the bridge. Walsh was the man who spoke of it. Directed him to ascertain what truth there was in the report. The statement was made by an old woman, who could not tell which way the men crossed.
Mr Dixon, – And didn't you go and make inquiries yourself?
Mr Brooke Smith. – Indeed I didn't. I would need something more than that rumour to act upon. (Laughter.) The out- laws, moreover, were known to all the persons living in the woman's house. But the fact was that no horsemen passed there at all. I examined the place and saw no marks.
As the witness could recollect no dates, he was informed that the report of the gang having been seen at the One-mile (railway) bridge was received on the 3rd November, 1878 , and he was then asked why he did not take immediate action.
Mr Brooke Smith replied that he was exhausted at the time by previous work.
Mr Dixon. – What were you doing just before?
Mr Brooke Smith could not remember, but the “Occurrence-book” would show.
A copy of the " Occurrence-book " was at once obtained, and it appeared there from that Mr Smith was in Wangaratta from the 1st to the 6th of November, 1878 . It was pointed out to him that he had been charged with remissness in his duty, and he was advised to attend on the following day prepared with a better explanation of his conduct.
Constable Twomey said that he was stationed at Wangaratta in 1878. On the night of the 3rd November, 1878 , Sergeant Steele arrived by special train at Wangaratta, and witness told him he had information that four horsemen had crossed at the One-mile bridge. He told witness to report the matter to Inspector Brooke Smith. Info rmed Mr Smith at about 2 o'clock in the morning, and was directed by him to go with Constable Hayes to see Mrs Delaney and her son, the persons who had seen the horsemen. Mrs Delaney said that about a quarter to 1 on the Sunday morning she heard the noise of horsemen. Getting up, she saw four young men on horseback, forcing on their horses towards the Warby Ranges . They passed through the railway bridge, and left distinct tracks. Witness reported this at once to Mr Brooke Smith. There were then in Wangaratta three foot-men and three mounted men. On the 4th, Constable Walsh told witness and Constable Hayes to return to Delaney's, and make further inquiries. They did so, and returned stating there was nothing further to learn. No steps were taken on the 5th, but on the 6th, about midday , a party left with Mr Brooke Smith for the Warby Ranges . After seeing the tracks at the bridge, witness concluded that they were those of the outlaws. Mr Brooke Smith was in Wangaratta from the 1st to the 6th of November, 1878 , and he never left the town, except to go to Chiltern on the 1st.
The commission adjourned until next (this) day, at 11 o'clock .
end
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