The Argus at KellyGang 20/4/1881 (4)

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Sadleir giving evidence

Seeing that the firing was unavailing, it was presumed that the outlaws were sheltered in some part of the building. The outlaws did not show themselves when the prisoners escaped. About 2 o'clock Constable Armstrong said that the last volley had brought down one of them. The police had instructions to fire when they saw good opportunities. Armstrong was confident that one had been shot, and judging by the noise made by the armour, it was supposed that he fell down in the fireplace. About half past 2 Constable Johnston offered to fire the building, but witness doubted the practicability or expediency of the course. Witness preferred to send some one else, as Johnston was a married man with a family, and witness preferred to send a single man. Johnston insisted on going, and witness then instructed him to get some straw and kerosene, and carry out his intention. He approached the building from the south, and witness told the firing party to cover him. A warm fire was maintained. Johnston walked up coolly, and set fire to the building at the south end. While the fire was going on, Mrs Skillian came up and witness prevented her from going up to the building. Father Gidney also attempted to reach the building, and rushed to wards it. The police followed, and stopped him. Witness ran round the building to save Cherry. The police were about 10 yards from the building. The heat was intense, and it was impossible to get into the building. Cherry, on being rescued, gave a few gasps, and died. There were no signs of burns on him. It was some time before the charred remains of Hart and Byrne were recovered. He believed the men died in armour. The men and the armour were found in a lump. The bodies were taken to the Glenrowan Station, and he offered to give over the bodies of Byrne and Hart, an offer which gave satisfaction. When Captain Standish arrived, witness told him what he had done, and Captain Standish did not interfere. There was no doubt that the bodies were those of the out- laws. To return to the time before the burning of the building, some of the police wished to rush into the building, but he told them all that it was not time to rush. The people on the platform urged the police to rush, and laughed at them for not doing so. This made the men somewhat unsteady. This was immediately after the escape of the prisoners.

To Mr HALL – One civilian, not a party of civilians, offered to rush the building. He never remembered a Frenchman offering to rush the building. The statement that a party of civilians offered to rush the building had no foundation in fact. He never heard of such an offer. He deemed it safest to defer the rush until the last moment before firing the building, as the outlaws were well supplied with ammunition. On the following day the usual arrangements were made for a magisterial inquiry. It was understood that the bodies given up were not to be buried without an inquiry. Captain Standish's statement that he asked me not to hand over the bodies must be a mistake. The handing over of the bodies produced a most beneficial effect. The subsequent murmurings and threats against the police were traced to a few drunken persons. At the inquest on Cherry the verdict was that he was shot by the police in the execution of their duty, and that on Byrne was that he was shot as an outlaw. He desired to contradict a statement in the press to the effect that he was off the ground at the time of the Glenrowan affray, and that the police were out of his control. He gave that a most emphatic denial, and could only account for it by the supposition that the writer of the statement was not at the place, and did not know him (Mr Sadleir).

To Mr DIXON – He was perfectly satisfied when Mr Hare was sent up that Mr Nicolson was doing everything that could be done. There was no coolness between himself and Mr Hare. They were good friends.

The CHAIRMAN read a document dated 28th November, 1878, sent to Mr Nicolson and Mr Sadleir with regard to a probable raid on the bank at Seymour .

Witness to Mr GRAVES – He did not re- member a party of police seeing Kate Kelly on the way to Seymour on the day of the bank robbery at Euroa. He was positive there was no offer of civilians to rush the hotel in which the outlaws were.

To Mr DIXON – The police obtained some more certain information since the capture of the outlaws as to their movements, but very little had been learned. Info rmation had to be paid for, and the Government was not inclined to pay except for salaries and wages. One hundred was the strength of the police in the district before the Kelly outrages. He thought the prospect of the district was very serious, and at no distant date some serious outbreak might occur. Witness referred at some length to the various relatives of the outlaws and their criminal proclivities. Many of them did no work at all, but lived by robbery. The Wrights sheared during a portion of the year, and that was all the work they did.After some questions with regard to certain official documents,

The committee adjourned until May 3.

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