The Argus at KellyGang 19/5/1881 (3)
see previous
Const Barry giving evidence
Mr Graves stated that he understood the officers were supplied with proofs of evidence to correct. He did not approve of that.
The Secretary explained that proofs were sent to the witnesses on the understanding that they should make verbal alterations only. Any other alterations were submitted to the chairman.
Mr. Dixon. - That is the usual course. The Acting Chairman told Mr O'Connor he might ask questions affecting his own conduct
Witness (to Mr O'Connor).- Heard voices challenging the women prisoners. Could not say whose they were. There were no trees in the front of the house. Mr O'Connor's position was not a good one for shooting at the outlaws. There was a drain in front, but nearer to the house. He noticed that Jacky, one of the trackers, could not speak for fear when news of the outlaws being at Glenrowan was brought to the train, and the party had not yet left the platform. But Jacky was singing out loud enough to the outlaws during the day to "come out."
The commission adjourned until 11 a.m. next day.
Wednesday, May 18
Present - Messrs Longmore (chairman), Graves , Fincham, Hall, and Anderson , MLA's, and Mr Dixon.
Constable Barry stated he desired to give further evidence. When Mr Nicolson sent out the cave party of four men, his chief instruction was to maintain secrecy. If the four outlaws came the party was not to attempt to capture them, but to preserve their tracks and send for the black trackers. If Byrne came alone, the party was to attempt to kidnap him.
Senior-Constable Kelly deposed that he did not think that the horse found by Mr Brook Smith's party in the Warby Ranges and left by the outlaws had been relinquished as long as a week back from the time it was found. When news was received of the murder of Aaron Sherritt, Mr Hare instructed him, he being then at Benalla, to get ready a body of men to start for Beechworth. This detachment of men, with horses, got into the special train at Benalla. When Bracken, at Glenrowan, brought the information that the outlaws were at Jones's Hotel, Mr Hare sang out, "Come on, men." Mr. Hare was ahead, with three or four men, of whom Mr O'Connor was not one, so far as witness saw. When the first shots were fired from the hotel, witness was six or seven yards behind Mr Hare, and between the railway fence and the hotel, and near to the fence. Saw two of the black trackers outside the railway fence. Mr Hare and the others seemed to be rushing straight for the house, when the volley was fired. After Mr Hare was shot, witness saw him reload his gun and fire it in the direction of the hotel. Did not see Mr O'Connor then. Mr. Hare told witness to surround the house, and sang out to Mr O'Connor to do the same with his boys. Did not then see Mr O'Connor, but heard his voice. He was inside the railway fence. Mr Hare went back to the railway station, and returned again, and called out, "Stop firing." Screams of women had been heard. Went to look for more ammunition. Saw Mr O'Connor in the drain five or six minutes after the first volley. Two black trackers were with him. The drain was within the railway fences. Asked him to come round and place the men. He said, "No, I will stop here." Witness then went round, and saw Constables Gascoigne, Kirkham, Barry, Arthur, Phillips, and some black trackers. Went round by the back of the hotel with Constable Arthur, and they found a rifle, covered with blood, and a skull-cap, on the north side. It was a revolving rifle. The blood was quite fresh. Saw people passing in and out from the kitchen into the main building. Heard Mrs Jones cry out her child was shot. It was bright moonlight. When Mr Sadleir came he asked witness where Mr O'Connor was.
Witness told him, and Mr Sadleir said he wanted to see him, and witness took him down the drain. When Mr Sadleir got within 10 yards from Mr. O'Connor he said to Mr O'Connor, "Come here, O'Connor." Mr O'Connor replied, "No, you come here." Mr Sadleir then told witness to place the men round the hotel, and witness did so. Next saw Mr Sadleir after the capture of Ned Kelly, or two hours after receiving his last order. (Witness described the capture of Ned Kelly.) Ned Kelly himself afterwards said he was shot at the first volley from Mr Hare and others in the leg and arm; that he went out of the back of the hotel, asking Byrne to follow him, but that Byrne would not do so. Witness was on leave at the time of the police murders near Mansfield; and then he went back voluntarily to the North-eastern district. After the Glenrowan affair witness was ordered to Greta, one of the most dangerous posts; and he pointed out in a report why he ought not to be placed there after the part he had taken in the operations and the trial of Ned Kelly. It was from no personal fear that be objected to being stationed at Greta. He was transferred to the Western district, where be was now stationed. He would have been the only constable stationed in the Greta district who had given evidence against Ned Kelly. If a record against a constable was entered by an officer, the constable might never know of it (Record by Mr. Sadleir produced, dated 25th October. 1880, and referring to witness's report, in which Mr Sadleir stated witness had pleaded to be excused from going to Greta "from the fear of personal risk," and that he (Mr Sadleir) had recommended witness's transfer as a mark of disapproval of his conduct). Witness construed that record of Mr Sadleir's into a charge of cowardice against himself. The Greta police barracks were in a public-house, the landlady of which (Mrs O'Brien) was considered by many to be a Kelly sympathiser. There was an ill-feeling against Mr. Hare's party amongst some of the other constables, because they were Bourke men. Mr Hare and Constable Canning were the only men who had shot-guns in the party who fired the first volley at the outlaws at Glenrowan. Between the time that Mr Hare left and that Mr Sadleir arrived there, witness considered he was in charge of the party, because Mr O'Connor had refused to go round and see to stationing the party. The Greta police were now stationed in Mrs O'Brien's public-house. There were no other quarters for them there.
To Mr. Sadleir.- If the hotel at Glenrowan had been rushed life would probably have been lost, and unnecessarily.
To Mr. O'Connor.- Did not tell Mr. Sadleir that Mr. O'Connor had refused assistance.
The commission adjourned until next Tues- day week.
end
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