Royal Commission report day 10 page 1 at KellyGang

The Royal Commission evidence for 7/4/1881

full text

(see also introduction to day 10)

Present:
W. ANDERSON , Esq., M.L.A., in the Chair;
J. H. Graves , Esq., M.L.A., J. Gibb, Esq., M.L.A.,
E.J. Dixon , Esq., J.P., G.R. Fincham, Esq., M.L.A.,
G. W. Hall, Esq., M.L.A.

The Chairman read the following telegram, giving the names of the constables engaged in the cave party:—

“ Beechworth, 6th April 1881 .
“ Telegram for the Secretary Police Commission.
“ Re names of Constables—cave party:—Alexander, 1649; Barry, 2710; Cox, 2810; Armstrong, 2475; Canny (probationer); Falkiner, 2784; McColl, 3033; McHugh, 2551; Hagger, 1979; Dixon, 3039; Alexander, 2755. — “ (Signature) P. MULLANE , S.C. ”

John Sadleir sworn and examined .

1717 By the Commission— What is your position?— Superintendent of Police, stationed at Benalla. I joined the service as a cadet in 1852, I was promoted to the rank of superintendent in 1874, and then took charge of the Mansfield district. The Mansfield district joined the present North-Eastern district, that is the Benalla district on the south.

1718 Is it a part of the district in the police management?— By the new arrangement of 1878 it is part. The present North-Eastern district (I will define the district exactly) is bounded from a line starting, say, from Wood's Point north-east to Tintaldra, 144 miles; thence west along the course of the Murray to Burmah, 160 miles; thence south to Whroo, 56 miles; and thence south-east to Wood's Point, the starting point, 100 miles. There are some 11,000 square miles altogether.

1719 Where is the crossing-place on the line?— I am taking the line across on from Whroo to Wood's Point.

1720 Where does it cross the North-Eastern line?— Between Longwood and Avenel, so as to include Alexandra.

1721 Avenel is out of your district?— Yes, Wood's Point is my most southern station. I have stated there are about 11,000 square miles; more than half of that is high mountain range. There are 49 police stations in the district and 100 police. While I was in charge of the Mansfield district the Kellys had committed an outrage upon Fitzpatrick before I left that district, and they were then in the bush. In July 1878 the Beechworth district and the Mansfield district, and part of the Kilmore district—that is, within the limits I described just now—were all run into one, and I was placed in charge, and my head-quarters changed from Mansfield to Benalla.

1722 Will you fix the date?— As nearly as possible the 1st July 1878 . I relieved Mr. Chomley, for a short time in charge of the Beechworth district, which included Benalla up to that time. Shortly after I got things straight at Benalla this Kelly business had to be attended to.

1723 Is that the Fitzpatrick portion of it?— Yes. The two Kellys were out; they were the only persons against whom there was any charge at this time. In going amongst the stations in the neighborhood I found that there was no real satisfactory evidence to be had. About August or September I proposed to the Chief Commissioner to send a detective through the district to get information.

1724 Of the same year?— Yes; Detective Ward was sent about the middle, I think it was, of September. I was instructed by Captain Standish not to let any of the district police know he was there. I was anxious to let one or two of the men mostly concerned know, but he forbade it. There is some correspondence that I can put before the Commission while I speak—[producing a large tin box containing papers].

1725 What are those papers?— All the papers connected with the Kelly business, telegrams, letters, and so on. They have been in my charge ever since; they have been in my office.

1726 And you have brought them down as custodian of the papers?— Yes; there is a catalogue the Board can have for them. That catalogue includes the full names of several of our agents. I would ask the Secretary to remember that, and that they are confidential communications between the Chief Commissioner and myself.

The Secretary. —No one else will have access to that, except the Commissioner.

1727 The Witness. —The principal business was sending Ward into the district. He was at work for about five or six weeks, and the result was reported by Ward to Mr. Secretan direct, and I was then informed through Mr. Secretan. I was frequently away; and it was more convenient to report through Mr. Secretan, whose first report was on the 8th October 1878 :— “I have reliable information that the Kellys have not been in Victoria for a considerable time, but are expected immediately. I believe if they do come that Detective Ward will be in a position to effect their arrest. I think your men are merely guessing that, as the trial of their mother is coming on now, they are likely to be about. I should have written you before, but really had nothing positive until yesterday: Faithfully yours, (Signed) FREDK. SECRETAN.” On the 17th October, Mr. Secretan thought it time I should make an organized search, of which I had spoken to him before, “about Greta, Fifteen-mile Creek, and thence to Mansfield, as it is now (on the 17th October), alleged that one or both of the Kellys are about there, and, if not, this move will cause commotion in their camp.” The last letter I got from Mr. Secretan was the 24th October, in which Mr. Secretan says:— “I have shown your note to the Chief Commissioner, and he directs me to say that he does not see the least use in your making the presence of Ward known to any of the police of the district, neither does he wish it done. I hope the move will be successful, for it begins to look rather doubtful; still, must hope for the best.” That is the whole amount of the information which the police had when going out with Sargeant Kennedy, on the 25th October, to Greta and Mansfield. The party was —Sergeant Kennedy, Constables Lonigan, Scanlan, and McIntyre. On the same day a party of four started from Greta—Senior-constables Shoebridge and Strahan, Constables Thom and Ryan......

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