The Argus at KellyGang 23/12/1881

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(full text transcription)

THE POLICE COMMISSION

FURTHER REPLIES FROM OFFICERS

Copies of further correspondence relative to the recommendations of the Police Commission were laid on the table of the Assembly yesterday afternoon. The correspondence consists – 1, of a letter from Sergeant Steele relative to his case, and certain memorials connected with it ; 2, memorials relative to Detective Ward's case ; and 3, a protest from Mr Stanhope O'Connor against the finding of the Police Commission so far as he is concerned.

Sergeant Steele affirms that injustice has been done to him in a variety of ways. He declares that throughout the pursuit of the Kellys he acted strictly in accordance with the discipline of the service, and from the imperative nature of the orders received from Mr Sadleir, he had no discretionary power left, but was simply compelled to adhere to his instructions. He states that there is not a particle of truth in the evidence of Constables Arthur and Phillips, on whose testimony the com- mission condemned him. Alluding to these witnesses, he writes – "The men who gave the evidence were actuated in doing so through malice, because I accused them of cowardice in running away from Ned Kelly at Glenrowan." Sergeant Steele further says that at the time "the false testimony was being given against me, I was attending to my duties at Wangaratta, and was never afforded an opportunity of cross-examining them (Constables Arthur and Phillips) or of calling a witness to rebut their statements."

Sergeant Steele, however met a member of the Police Commission at Wangaratta, and protested against the injustice done to him, if the commission intended to place any faith in the evidence complained of. He submitted that the procedure of the commission as far as he was concerned was not in accordance with British law and justice. He says that he told the member of the commission referred to that “I had several witnesses that could repudiate the statements of Constables Arthur and Phillips. Some of his witnesses, he asserts, were actually lying beside them during the Glenrowan affair, others between the constables and himself; "yet not one of them saw or heard what these men allege to have seen and heard."

The member of the commission whose name Sergeant Steele does not reveal, promised on receiving the names of the wit- nesses referred to, to have them called. The names were duly furnished, but not one was examined excepting Mr Marsden, whom the sergeant called during the visit of the com mission to Wangaratta.

As indicating "the jealousy which existed towards me by the first party of police from Benalla," writes the Sergeant, "a few days after Mr Marsden's evidence appeared in print, I received a letter from the secretary of the Police Commission, calling upon me for specific answers to six allegations of a most shameful nature, purporting to be made by Senior-constable Kelly against Mr Marsden and myself (evidently with a view of throwing doubt on the latter's evidence), at the same time informing me that the matter might "hereafter form the subject of an inquiry upon oath." I replied to these, and received an answer to the following effect :- "The charges resolve themselves into idle gossip undeserving of notice, and appear wholly unfounded."

In conclusion, Sergeant Steele, because he believes that people may be misled by the evidence against him, which is uncontradicted, and because he feels sure of being able to refute the testimony in question, asks the Chief Secretary to afford him an opportunity of proving his innocence, and "exposing the persons who have conspired to injure him."

The document of which the above is a précis was forwarded by Sergeant Steele to Inspector Montfort for transmission to the Chief Secretary, Mr Montfort placing the following minute on the document:- "I trust I am not out of place in saying here that Sergeant Steele is a most valuable member of the force, whose antecedents render it most improbable that he acted in the manner he is accused of at Glenrowan."

Memorials in Sergeant Steele's favour are attached to his letter. One from Wangaratta bears 310 signatures; a second from Yackandandah bears 23 signatures; a third from Chiltern has 12 signatures.

Detective Ward has forwarded memorials testifying to his efficiency and good con- duct, from Wangaratta, Beechworth, Stanley, Bright, Chiltern, and Yackandandah, bearing respectively 22, 19, 31, 42, 77, and 58 signatures.

Mr Stanhope O'Connor addresses the Chief Secretary, as the late officer in command of the Queensland native trackers, and a witness who was examined by the Police Commission He says:-

"I hereby protest against the verdict of the said commission, so far as I am concerned, as it is not in accordance with the evidence. The Royal Commission hale never notified to me their finding, and all I know I have gathered from the daily papers. All I require is to see justice done; as up to this time I have not received it from the Royal Commission or from the Victorian Government."

The above concludes the correspondence.


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