The Argus at KellyGang 16/5/1881 (3)

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SConst Johnson giving evidence

As the priest went to the hotel the police closed up on the building. Cherry was not injured by the fire. Saw the bodies of Dan Kelly and Hart in the hotel. Their armour was lying about a foot and a half from them. When they died they could not have had the armour on. They appeared to have laid down in one another's arms. Believed they were under the influence of drink, and were suffocated - not shot. Did not see Mr O'Connor going about among the men during the attack. About 2 o'clock pm he heard the two outlaws barricading a door and judging from the noise - throwing off their armour. If the outlaws had not had armour on, they could have shot several of the police, all of whom were not covered. Believed if they had access to drink, they would have freely indulged. Was told they were drinking freely. Did not look on Mr O'Connor as an officer of Victorian police.

The commission intimated that they purposed examining Mr Johnston and other witnesses called this day on other matters at some future date, but that on this occasion they had tried to confine themselves to the Glenrowan affair. The sitting ended at half- 9 pm.

BENALLA, Saturday, May 14.

On Saturday morning the commission went by road from Benalla to Glenrowan, passing through Greta. En route a short stay was made at the residence of Mrs Kelly, mother of the late outlaws, Ned and Dan Kelly. Her residence, a four-roomed slab hut, with a bark roof, stands in the middle of a paddock comprising about 10 acres. It is within a short distance from a mountain, called Quarry-hill, whence a good view of the surrounding country can be obtained. Within the paddock there were two or three horses and as many cows, and there were a few fowls and a tame kangaroo about the house. But the place presented a gloomy, desolate appearance. There was a very small kitchen garden, but there was no other land under cultivation. Some of the panes of glass in the windows were broken, and, excepting that some creepers had very recently been planted at the foot of the verandah posts, no attempt had been made to beautify the house, or make this home look homely.

When the commission pulled up on the road opposite the front-door that door was closed, and there was no sign of any human being about. Presently, however, a child was observed peeping round the back of the house at the strangers. After a short consultation it was decided that it would be better for the commission, as they were near the house, to ask Mrs Kelly if she had any statement to make on the subjects that they have been appointed to inquire into. Accordingly, Messrs Graves and Anderson were told-off to go to the house and open up communication with Mrs Kelly. She came round from the back of the house to meet them, and intimated, when she was told of the object of the visit, that she had no objection to see the commission.

The remaining members were then called up, and introduced by Mr Graves to Mrs Kelly. She was dressed in black, and seemed to be between 40 and 45 years of age. In her younger days she was probably comely, and her hair is still abundant, and black as a raven's wing. Although looking careworn, she has evidently a large stock of vitality. Her eyes and mouth are the worst features in her face, the former having a restless and furtive, and the latter a rather cruel look. When Mr Graves introduced the other commissioners, Mrs Kelly said with a smile, "I didn't know who you could all be; I thought it was a circus."

It may be here mentioned that the commissioners were driven in three wagonettes, the only horseman of the party being Inspector Montfort. True, the latter was in his uniform, but to an ordinary unprejudiced observer there seemed nothing in the appearance of the commissioners, or in the vehicles in which they rode, to warrant the impression that they were circus performers. However, after a short and rather uncomfortable pause, Mr Longmore undeceived Mrs Kelly by informing her that they were the Police Commission and would be glad to listen to anything she had to say. She did not invite the commissioners into her house or open the front door, and two or three very young children - her offspring - could be seen inside the house, peering through a window. One of these children was a pretty little girl about four or five years old and her face reminded one very forcibly of Ned Kelly, whose hair and eyes were of a different colour from his mother's.

Mrs Kelly made the following statement - "The police have treated my children very badly. I have three very young ones, and had one only a fortnight old when I got into trouble (referring to her recent imprisonment in connexion with the assault on Constable Fitzpatrick at Greta). That child I took to Melbourne with me, but I left Kate and Grace and the younger children behind. The police used to treat them very ill. They used to take them out of bed at night, and make them walk before them. The police made the children go first when examining a house, so as to prevent the out- laws if in the house, from suddenly shooting them.

Kate is now only about 16 years old, and is still a mere child. She is older than Grace. Mrs Skillian is married, and of course, knew more than the others, who are mere children. She is not in the house now. Mr Brook Smith was the worst behaved of the force, and had less sense than any of them. He used to throw things out of the house, and he came in once to the lock-up staggering drunk. I did not like his conduct. That was at Benalla. I wonder they allowed a man to behave as he did to an unfortunate woman. He wanted me to say things that were not true. My holding comprises 88 acres, but it is not all fenced in. The Crown will not give me a title. If they did I could sell at once and leave this locality. I was entitled to a lease a long time ago, but they are keeping it back. Perhaps, if I had a lease, I might stay for a while, if they would let me alone. I want to live quietly. The police keep coming backwards and forwards, and saying there are ‘reports, reports ' As to the papers, there was nothing but lies in them from the beginning. I would sooner be closer to a school, on account of my children. If I had anything forward I would soon go away from here."

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