The Royal Commission evidence for 21/7/1881
(see also introduction to day 38 )
SConst Patrick Mullane further examined.
13938 By Detective Ward— With reference to the reports referred to by Falkiner and Barry, had I any power or control over those men that, by bringing pressure to bear, it would make them give an untrue report?— You had no official pressure to bear on them. They were altogether beyond your control, they leaving the station next day, I believe.
13939 At any time those men came in from the cave party, were they not entirely under your control?— They were.
13940 Might I ask one question with reference to one of the party who was there—that is Armstrong. Do you remember May, this year, Armstrong guarding the jury window in this court?— He was here on duty, and so were you at the time.
13942 If so, will you state to the Commission what Armstrong said on that occasion?
The Chairman — You will have to be careful.
The Witness — I know, and it is difficult for me to tell it. I fear I call hardly tell it. I fear I can hardly tell it without my memory being refreshed in some way.
13943 By the Commission (to Detective Ward)— Do you mean to put the question did Armstrong acknowledge anything?
13944 By Detective Ward (to the witness)— Did he acknowledge or contradict anything?— I think Armstrong said that Ward never told him to tell a lie to Mr. Hare.
13945 By the Commission— Have you a clear recollection on that?— I know that was the subject they were speaking of at the time.
13946 Are you certain of that, because it is very particular?— Armstrong said he never told him to tell a lie to Mr. Hare.
13947 Did Armstrong say at that time who induced him to tell a lie?— I know Armstrong was condemning the evidence of Duross about this very lie; and he seemed then to agree with Ward's view of the conversation on what took place, and he was condemning Duross's action in the matter.
13948 By Detective Ward— Did he say Duross had no right to tell this lie to Mr. Hare, because they were not to be down till eight or nine o'clock?— He did say that when Mr. Hare went to the hut they were not supposed to be down. I do not know the exact conversation; but I know that Armstrong differed at the time from the evidence that was given at the time. I would like Armstrong to be present. They were speaking over the matter, and Ward felt aggrieved at this evidence given by Duross; and Armstrong agreed with Ward's view of the matter.
13949 Did I not ask Armstrong in your presence, “Did I tell you that I told Mr. Hare that you were gone down”?— I could not tell that; but, as I said before, it was a conversation, and the recollection I have of it is what I have said.
13950 Did he say Duross told a lie?— He did not say Duross told a lie; but he agreed with you that Duross was wrong. I could not give the exact conversation.
13951 By Mr. Nicolson (to Senior-Constable Mullane)— With reference to the allusion of the man Wallace knowing the cave, will you inform the Commission whether you alluded to the cave, or what?— That Wallace knew of the hut party.
13952 You did not refer to the cave?— I could not say that; I meant the hut party.
13953 Not to the cave?— No.
The witness withdrew.
Adjourned to to-morrow, at Wangaratta, at Ten
(Taken at Wangaratta.)
See next day
22/ 7/1881 ....
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