The Argus at KellyGang 20/4/1881 (3)
Sadleir giving evidence
Mr Hare – I never heard that before.
Mr Sadleir –Mr Nicolson did not tell Mr Hare of the watch party at Sebastopol , whose withdrawal he ordered in the telegram to Mullane. Mr Nicolson had determined to withdraw the party because they had done their work, but had omitted to do so.
At this stage the commission adjourned until 11 am next day.
THURSDAY, APRIL 14
Present-Messrs Longmore (in the chair) Graves , Anderson , Gibb, Fincham, Dixon , and Hall.
Mr Sadleir continued – After Mr Nicolson left Benalla, in June 1880, Mr Hare and him- self went over all the papers. He concealed nothing from Mr Hare. Mr Hare asked him to assist him with his advice, and witness promised to do so. After the murder of Aaron Sherritt, witness and Mr Hare found some difficulty in finding and consulting Captain Standish, and in getting him to carry out what was required. Witness advised Mr Hare to wait for instructions, and not to go in pursuit at once, as he intended .Witness here put in copy of instructions sent under seal to the various stations, to be acted upon in the case of outbreak. The instructions were issued by himself, under sealed advice from Mr Nicolson. (One of the documents was read. It gave minute instructions to the police at the particular stations to which it referred as to how they should proceed in the event of an outbreak.)
The object of these instructions was to hasten the action of the trackers. The instructions were carried out at a certain bridge, and two of the outlaws were seen there On the 28th witness was at Benalla, and received several messages contradictory in their nature as to the arrival of Mr Hare's train. These messages all came from Wangaratta with which communication was kept up until Mr Hare's arrival was reported. When witness got the last message reporting the affair at Glen rowan, he rode off to Benalla, and saw Mr Hare who had desired to see him. Witness advised Mr Hare not to return to Glenrowan as it would be foolish to do so. Mr Hare reported to him that the Kellys were in Mrs Jones's hotel at Glenrowan.
Witness rode down from the post office where Mr Hare was, to the station, and went on to Glenrowan. On reaching that place, he saw Mr O'Connor. Senior-constable Kelly arrived and explained to witness how the men were placed, and he ascertained from Mr O'Connor the condition of affairs Mr O'Connor was in the watercourse, about 45 yards from the front door of the hotel. He was with his party. While witness was speaking to Mr O Connor, the outlaws came out. The outlaws appeared to have frequently come out and defied the police. Whenever the outlaws showed themselves they were fired on and the fire was frequently returned from the house all the morning. After consulting with Mr O'Connor in the early morning, before daybreak , witness went to look at the outpost of the police. One of the police Gascoigne, said he was certain he had hit one of the outlaws several times, and that he must have had armour on, otherwise he would have been killed. Gascoigne also said he saw one of the outlaws – evidently Ned Kelly – going into the yard among the horses and trying to catch one. Gascoigne at once gave information to the other police to prevent the escape. He was within 25 yards of the house. It was very difficult to get round from post to post, as the outlaws were firing. Constable Dwyer took some messages from witness and went round the posts.
The Wangaratta men were on the ground as soon as witness. He heard about half past 7 an alarm among the police that the Kellys were showing again, and he looked steadily at the building, waiting for an appearance. He learnt afterwards that this was the time of the capture. The prisoners of the Kellys had often been called upon to come out, and at 10 o'clock witness went up to the building. After hearing of the capture, witness want up to see Kelly at the station. Dr Nicholson was then in attendance upon him. While Kelly was being attended to, the outlaws were still firing on the police. Kelly was taken into a room at the station platform. Witness said to Kelly, We are going to ferret out these fellows; can you do anything. After consideration, Kelly said that it would be no use his trying, and at the same time he complained of his companions being "great curs." Witness inferred from that that they would do nothing brave or bold. Kelly also explained that their armour was different from and superior to his, and that they could not be got at. Witness did not thoroughly believe the information he had received to the effect that armour was being prepared for the Kellys. He never thoroughly believed Gascoigne's remark, that one of the outlaws must have worn armour. Mr Nicolson, he believed was the only one who thoroughly believed that armour was being made.
There was a crowd on the railway station, and the general discussion was as to how the men were to be got. Witness did not see his way clear. Some persons urged him to send for a cannon, and he communicated with Captain Standish on the matter. At about 10 o'clock , witness gave 10 minutes' notice to all innocent persons in the hotel to come out, or they would be shot. This warning was thrice given, and the people came out in great confusion. There was no firing at this time. Not a shot was fired. Two of the persons were detained as sympathisers. The others were allowed to pass. He was not aware that the Jones's were in the house at the time. He did not see a child borne out wounded. He was under the impression that Mr Jones's two children escaped before he arrived from Benalla, and that Reardon came out with the other prisoners. He was not aware that a man named M'Hugh rushed out, and informed the police of the position of the outlaws and the prisoners. They learned from Reardon that Cherry was in the building wounded. After the prisoners left, several very hot volleys were fired into the building from both ends and the back. The shooting had no effect. The fire was answered.
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