Royal Commission report day 23 page 13
The Royal Commission evidence for 31/5/1881
(see also introduction to day 23)
Sgt Steele giving evidence
9015 That was the boy Riordan?— Yes. I thought he wanted to flank me in the tree. He persisted in coming on his hands and knees; and there was a statement made by Riordan to the effect that he was shot by me at nine in the morning. I did not fire a shot from the time Kelly was taken till I left the ground. I after this learned he made a statement, to which I sent a reply to Mr. Sadleir's office, that he was shot, with his hands up, at nine o'clock in the morning, nor did he know who it was till he spoke to the doctor in the hospital. I had said I kind shot somebody-evidently it was Byrne, and I could not imagine who it was I kind shot, Dr. Hutchison enquired from the boy, and I told the doctor about the slug, and it turned out it was only a slug. I fired two shots at him–one as he left the house, and the second at the door; but the top rail of the fence seems to have got the greater part of the charge.
9016 Then you did not keep firing upon the house steadily?— No. I only fired four shots altogether — two at young Riordan, and the two at Ned Kelly.
9017 Then the statement that the women and children were fired on when they left the house was not true?— Not up to the time I left the ground. I had charge of Ned Kelly after he was captured. I was hurt in the groin. Ned Kelly was not taken at this time. Things remained very quiet for I dare say nearly three-quarters of all hour, except an odd shot fired at some horses that were knocked over–some of the police firing at them.
9018 Was that from your side of the house?— No, the far side; and I believe there was one shot from below me. I heard some of the men say they shot some of the horses.
9019 What for?— They said they were afraid they would come out and get the horses and get away. It was near sunrise. I heard the police down behind me call out, “Go back you fool, what do you want to come this way?” I looked round, and I saw Ned Kelly coming from the direction of the range.
9020 It was sufficiently light to see who were coming out?— I could see the figures.
9021 You are quite sure young Riordan crawled as you said?— Yes.
9022 Up to the time of the police calling out had you any interview or did you receive any directions from the officer who then by seniority was in charge of the party?— No, never saw him at all.
9023 Do you know who it was?— I heard Mr. Sadleir's voice.
9024 Up to that time you had no communication with him?— No, I had not seen him at all. I heard what I thought was Mr. O'Connor's voice, just as Mr. Sadleir was coming down, calling out– “If there are any innocent people inside come out, and you will not be fired on.” I repeated that several times.
9025 When you did that you would be the nearest constable to the people inside?— Certainly.
9026 So they could hear you plainly?— They must have heard me. I called out as loud as I could, and it was a still, clear night. I took it at the time to be Mr. O'Connor's voice, because I kind been told by Senior-Constable Kelly where Mr. O'Connor was. He said he was in a drain in front of the house, with his blackfellows.
9027 Did he make any other remark about it?— Not then.
9028 Did he at any time?— He made a remark afterwards in the morning. He said– “You should see O'Connor down in the drown. If you gave him a thousand pounds he would not put his head up.”
9029 Did you consider yourself, upon coming up and speaking to Senior-Constable Kelly, then virtually responsible by usages of the force?— On that side of' the ground I did.
9030 That would be the usage of the service?— Yes.
9031 The moment you came on the ground?— I understood when I came there I was in charge of that side of the ground, and I would have acted on my own responsibility on that side of the ground, no matter whether Mr. Sadleir was on the ground or not, because I was not under his direct orders.
9032 You were senior in rank in the service to Kelly?— Yes.
9033 Why do you say “that side of the ground”; would you not equally on the Benalla side of the ground?— Yes. Not where Mr. Sadleir was.
9034 Before he came?— Yes, I consider I was the senior officer till Mr. Sadleir came there. Kelly, the bushranger, came walking down. He was wrapped in what I thought was a blanket, I found out afterwards it was a cloak. Constable Arthur tired at him, and I told him to be cautious what he was l firing at. l thought it was a blackfellow. He looked like a tall black man, an aboriginal about Wangaratta; and I thought curiosity had brought him down there at daylight to see what was the matter. Just then a shot was fired, and he threw his cloak back, and he pulled up his revolver, and raised his arm, and put the weapon on it, and fired at Constable Arthur. As Arthur ran down to the railway station he fired two shots at him. Then Constable Phillips fired at him, and he kept advancing towards him, and Phillips left his tree and joined constables Caussey and Moore at the back of the house. Constable Healy fired at him–fired two shots out of a shot gun as he came towards him. He then pulled out his revolver, but it did riot seem to go off, and he left his tree and joined the other three constables at the back of the house, remarking that he was either a madman, or a lunatic, or u ghost. There was several remarks by the police lying about there; some said it was the devil; in fact they did not know what it was, this man coming down. He then struck down towards Senior-Constable Kelly and some other constables, I do not know who, and Constable Kelly retreated towards the railway fence, and called to me to look out, I would be shot at the tree. Ned Kelly then walked in between some trees and reloaded. All this time they were firing from the back door and windows of the house–the other outlaws. When the fire slackened a little I ran down. I thought I would be able to get Kelly before he reloaded, while he was sitting loading. He saw me going down, and he stood up and covered me with his revolver. I knelt down to avoid his shot, lay on the ground, and I had a bullet from the back strike the dirt up in my eye, and I could not see clearly for a few minutes till I got my eye clear. He then fired at me and missed me, and walked out to his left, striking down towards the railway station.....
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