The Complete Inner History of the KellyGang and their Pursuers (89)

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CHAPTER XXII

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Royal Commission’s Report

“That immediately prior to the Kelly outbreak, and for some time previously, the administration of the police in the North-Eastern district was not satisfactory, either as regards the number and distribution of the constabulary, or the manner in which they were armed and mounted; and that a grave error was committed in abolishing the police station at Glenmore, and in reducing the strength of the stations at Stanley, Yackandandah, Tallangatta, Eldorado and Beechworth.

“That the conduct of Captain Standish, as Chief Commissioner of Police, as disclosed by the evidence brought before the Commissioners, was not characterised either by good judgment or by that zeal for the interests of the public service which should have distinguished an officer in Captain Standish’s position. The Commission attribute much of the bad feeling which existed amongst the officers to the want of impartiality, temper, tact, and judgment evinced by the Chief Commissioner in his dealings with his subordinates; and they cannot refrain from remarking that many of the charges made by Captain Standish in his evidence before them were disproved by the evidence of other witnesses.

“That Mr Nicolson, Assistant Commissioner, has shown himself in many respects a capable and zealous officer throughout his career in the force, but he laboured under great difficulties through undue interference of the part of Captain Standish and the jealousy occasioned by that officer’s previous favouritism exhibited towards Supt. Hare. The want of unanimity existing between these officers was the means of preventing any concerted action in important matters, and the interests of the colony greatly suffered thereby. In view of these facts, the Commission do not think that the force would be benefited by reinstating Mr Nicolson in the office of Acting Chief Commissioner of Police. Further, we recommend that, in consequence of his age and impaired constitution, which suffered through hardships endured in the late Kelly pursuit, Mr Nicolson be allowed to retire on his superannuation allowance.

“That the charge made by Supt Hare in his report of July 2, 1880, that Mr Nicolson, Assistant Commissioner, ‘gave me (Hare) no verbal information whatever when at Benalla,’ is disproved by the evidence.

“That Superintendent Hare’s services in the police force have been praiseworthy and creditable, but nothing special has been shown in his actions that would warrant the Commission in recommending his retention in the force, more especially when the fact is so patent that the ‘strained relations’ between himself and Mr Nicolson have had such a damaging influence on the effectiveness of the service. This feeling is not likely to be mitigated after what has transpired in the evidence taken before the Commission; and we would therefore recommend that Mr Hare be allowed to retire from the force as though he had attained the age of 55 years, and, owing to the wound that he received at Glenrowan, that he receive an additional allowance of £100 per annum, under Clause 29 of the Police Statute, No. 476.

“That the evidence discloses that Supt Sadleir was guilty of several errors of judgment while assisting in the pursuit of the Kelly Gang; that his conduct of operations against the outlaws at Glenrowan was not judicious or calculated to raise the police force in the estimation of the public; that the Commission are further of opinion that the treatment of Senior-Constables Kelly and Johnston by Supt. Sadleir was harsh and unmerited; and the Commission recommend that Supt. Sadleir be placed at the bottom of the list of superintendents when the changes necessitated in the force by the recommendations of the Commission have been carried out.

“That the most favourable opportunity of capturing the outlaws at a very early period of their career in crime, namely, on November 4, 1878, was lost, owing to the indolence and incompetence of Inspector Brook-Smith. Your Commission consider that Inspector Brook-Smith committed a serious blunder in not having started in pursuit of the outlaws immediately upon receiving information of the gang having been seen passing under the bridge at Wangaratta, and also in not having properly followed up the tracks of the outlaws in the Warby Ranges, a proceeding which would have warranted your Commission in recommending his dismissal from the force. Your Commissioners, however, having in view his former efficiency, recommend that Inspector Brook-Smith be called on to retire on a pension of £100 per annum.

“That, in the opinion of the Commission, Detective Ward, while he rendered active and efficient service during the pursuit of the gang, was guilty of misleading his superior officers upon several occasions, more especially in connection with Mr Nicolson’s cave party, Supt. Hare’s hut party, and the telegram forwarded to Senior-Constable Mullane by Mr Nicolson when the latter was superseded on June 2, 1880. The Commission therefore recommend that Detective Ward be censured and reduced one grade.

“That in the opinion of your Commissioners, the conduct of Sergeant Steele was highly censurable in neglecting to take action when, on November 4, 1878, he received reliable information that the outlaws had been observed on the previous morning passing under the one-mile bridge at Wangaratta. Although despatched on special duty, there seems no reason why, having under his command at the time a large body of troopers, he should not have gone immediately in pursuit. The tracks were plainly discernible; the men observed were undoubtedly the outlaws, and had they been followed they must have been overtaken in the Warby Ranges, inasmuch as their horses and themselves were exhausted in their journey to and from the Murray. Sergeant Steele had full power to act upon his own discretion, and there can be little doubt that, had he exhibited judgment and promptitude on that occasion, he would have been the means of capturing the gang, and preventing the loss of life and the enormous expenditure of money incurred subsequently in the extermination of the gang. Your Commissioners therefore recommend that Sergeant Steele be reduced to the ranks.

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This document gives you the text of this book about the KellyGang. The text has been retyped from a copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. We also apologise for any typographical errors. JJ Kenneally was one of the first authors to tell this story from the KellyGang's point of view