Causes
Of The Outbreak:
The Official View
The Royal Commission on the Police Force of Victoria, 1881
Source: Royal Commission on the Police Force of Victoria: Second
Progress Report, in Victorian Parliamentary Papers, 1881, Vol. 3,
pp. 3ff.
In
the opinion of your Commissioners, the
abolition of the Glenmore station, the
reduction of the numerical strength of
the force in the district, and the substitution
of inexperienced and inferior constables
for those more competent, necessarily weakened
that effective and complete police surveillance
without which the criminal classes in all
countries become more and more restive
and defiant of authorities. The incident,
however, which seems to have more immediately
precipitated the outbreak was the attempt
of Constable Fitzpatrick to arrest Dan
Kelly, at his mother's hut, on the 15th
of April 1878.
The
constable appears to have borne a very indifferent
character in the force, from which he was ultimately
discharged. Mr. Fosberry, the Inspector-General
of Police, New South Wales, and Captain Standish
express in strong terms their adverse opinions
of Fitzpatrick, while the present Acting Commissioner
of Police, Mr. Chomley, writes a valedictory memo,
on his papers, describing him as a liar and a larrikin.
To
this man was entrusted, in April 1878, the temporary
charge of Greta, the very focus of crime in the district.
He had been stationed at Benalla, and prior to starting
for Greta he appears to have had an interview with
Sergeant Whelan, the sub-officer in charge, relative
to his duties. Whelan, in his evidence, is somewhat
contradictory upon the point as to whether Fitzpatrick
was justified in attempting to arrest Dan Kelly under
the circumstances. In almost the one breath he states
that the constable was wrong in going to the Kelly's
hut, and then and then urges that it was his duty
to act as he did. The arrest was attempted to be
made in consequence of a Gazette notice to the effect
that a warrant had been issued at Chiltern against
Dan Kelly and Jack Lloyd, on a charge of suspected
cattle stealing. Sergeant Lynch, at Chiltern, considered
that the men alleged to have been seen driving certain
horses through the township answered the decription
of those men, and warrants for their arrest were
issued accordingly.
Not
one friend of the outlaws, or one sympathiser,
was called to give evidence. Kelly’s own
accusations regarding the stock protection societies
and what amounted to flagrant prejudicing of
the law went ignored. To the root cause of the
outbreak - the systematic subversion of a whole
series of Land Acts by the North East squatters
aided by the police - the Commission gave not
the least recognition. By its every action except
the reply to Mr Dixon, the Commission revealed
its approval for the official policy of ignoring
the rights of the cocky farmers at the same time
elevating into a major crime any infringement
of the squatters’ interests. As if to prove
the point, Hare had emerged with the fattest
pocket.
Max Brown Australian Son
Fitzpatrick's
efforts to fulfil what he may have considered his
duty proved disastrous. He was entrapped by accepting
the invitation to accompany Dan Kelly into the hut,
where he was attacked by several members of the family,
and shot in the wrist by Ned Kelly. Warrants were
in due course issued against Fitzpatrick's assailants;
and those arrested, including Mrs. Kelly and a relative
named Williamson, were sentenced to long terms of
imprisonment for the offence of assault with intent
to kill. The alleged severity of the punishment inflicted
upon the mother of the outlaws has been the subject
of comment in the course of the inquiry, and Captain
Standish considers that it formed one of the many
causes which assisted to bring about the Kelly outrages.
One point in this matter should not be overlooked.
Jack Lloyd, who was implicated in the alleged case
of horse stealing for which Fitzpatrick sought to
arrest Dan Kelly, was subsequently taken into custody,
and, the charge having been investigated, he was
discharged.
There
can be little doubt that Constable Fitzpatrick's
conduct, however justified by the rules of the service,
was unfortunate in its results. It may also be mentioned
that the charge of persecution of the Kelly family
by the members of the police force has been frequently
urged in extenuation of the crimes of the outlaws;
but, after careful examination, your Commissioners
have arrived at the conclusion that the police, in
their dealings with the Kellys and their relations,
were simply desirous of discharging their duty conscientiously;
and that no evidence has been adduced to support
the allegation that either the outlaws or their friends
were subjected to persecution or unnecessary annoyance
at the hands of the police. |