Royal Commission report day 48 page 18
The Royal Commission evidence for 1/9/1881
(see also introduction to day 48)
'Sup Francis Augustus Hare giving evidence'
16597 Are you sure of that?— I am confident of it.
16598 Was there not a watch party set by me at Skillian's?— Not that I am aware of.
16599 Why did you order the men to fire low at Glenrowan?— I did not. It was an order after I left.
16600 Was Sergeant Steele aware of armour?— Yes; he was the only man who knew about the armour.
16601 Did Sergeant Whelan know?— I heard him state he did, and he says I had a conversation with him about it.
16602 You stated that Steele was the only constable that received such information?— So I believe. Ward told me he did not know.
16603 With reference to that conversation that you had with Phillips at the Depot, when he stated to you that he had not been out — that the Kellys had not come into the barracks to surrender themselves yet?— Yes.
16604 Did you continue the conversation with him after that?— I do not remember. I remember those words.
16605 Do you consider, as officer of the Depot, the nursery of the Force, that that was proper on your part to allow a man to speak in a manner reflecting on his senior officer?— I do not see how he was reflecting. I put the question to him, “How is it you have not caught the Kellys ?” and he said what I have told you. I spoke to every constable that has been under me.
16606 I am speaking of what occurred at the Depot, the nursery of the Force, where men are taught discipline?— It is a fine nursery now.
16607 Do you think that a man who had never fired a gun in his life was a man likely to be sent out after the Kellys?— I do not know that Phillips never had, and I was informed afterwards that he was one of the best shots, and Whelan said in his evidence that he did not say he had never fired a shot.
16608 Do you not think that before you took Sherritt the force you ought to have been very clear as to whom that sheep belonged that he was seen skinning by the constable?— No, I do not think so. My reasons are for acting as I did that through some means or other these men were thrown on the Government. I do not know how, but when I returned to duty I found they were there, and the best means of disposing of them, and I made the suggestion, and Captain Standish said “Find out everything you can.” I did, and reported to Captain Standish , that is all I had to do in the matter.
16609 Did you not recommend their being taken into the Force?— Yes, certainly, in the first instance; and when I made inquiries I could find nothing tangible against them, and two clergymen and other inhabitants of the district with Mr. Zincke, a member of Parliament, all gave those men an exemplary character.
16610 That is since I spoke of it, and since you recommended them to be taken—was it not your duty to mane enquiries about this matter of sheep stealing?— All the enquiry was made that could be. Barry saw Sherritt skinning a sheep as he passed, and that was all. What further enquiry could be made.
16611 To whom did the sheep belong?— How could I specify to whom it belonged, when it had been skinned and eaten—whom could I have got information from?
16612 Could you not have used the police to ascertain for you who had lambs running about in that quarter?— Certainly; that would be a gross injustice to imply that a man stole a sheep. There was no proof of it; because a squatter ran sheep on the run this man lives on, and because this man is seen skinning a sheep, it is to be implied that he stole it.
16613 I did not say implied; I say enquiry?— Sufficient to prevent him getting into the force.
16614 No, but to make enquiries?— I did make enquiries.
16615 Did you make enquiries whether the Sherritts had sheep of their own?— No; they might have bought it.
16616 Would not the possession of this sheep be prima facie evidence of his stealing it?— No,
16617 Do you consider that if a man is for a short time in the Depot, with a couple of sergeants looking after him, and associating with respectable men, and nothing said against him, is that a guarantee of the character of the man?— No. I merely said they were well behaved men the whole time they were in the Depot.....
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