The Argus at KellyGang 8/6/1881 (2)
Melvin giving evidence
Senior-constable Kelly then took charge. That he did so was evident from the fact that he was continually employed placing the men around the house and supplying them with ammunition. He visited the platform two or three times whilst doing his rounds. Never saw anything of O'Connor after he left the platform with Mr Hare, but was informed by Senior-constable Kelly that he was stationed in a ditch in front of the house, and saw his firing. Mr Hare also stated that when he left the field O'Connor was in a safe position. At daylight, however, O'Connor came on the platform. Mr Sadleir with reinforcements from Benalla, and the Wangaratta police arrived between 5 and 6, and Mr Sadleir then took command. Saw Mr Sadleir go into the field towards the railway gate. Saw him afterwards at the railway station when Ned Kelly was captured, endeavouring to get from Ned a sign whereby he might induce the other outlaws to surrender, and again saw him amongst the trees on the right hand side of the house. Did not hear any officer giving instructions to the men, but knew that Mr Sadleir was now in charge, and saw that things were properly managed. Considered that the best plan was adopted when the house was burnt.
It was the safest, and Mr Sadleir would not have been justified in throwing away more life, as he would have done had he allowed the place to be rushed. The statement made by Sergeant Steele that Senior-constable Kelly ran away from Ned was absolutely untrue. Saw Senior-constable Kelly all through the fight. He steadily advanced along with Guard Dowsett until he got within 15 yards of the outlaw, when Sergeant Steele, coming from the rear of the house, attacked Ned and shot him down. Saw Constable Arthur making a half circle round the outlaw in order to get a better position for firing at him.
To Mr O'Connor – You occupied a good position for commanding the front of the house, and, as a volunteer deserved thanks for your services, but had I understood that you were then an officer of the Victorian police force, I would have held that you ought to have taken a more active part in the operations.
To the Board – I certainly did not suggest the desirability of sending for a cannon. When I heard it rumoured that a cannon had been sent for, I asked Mr Sadleir if it was really true. He replied that it was true, but asked that it might not be made known amongst the people who were now assembled at the railway station. When the prisoners came out of the hotel, it was feared that the remaining members of the gang would endeavour to escape amongst them. They rushed to the right and then to the left, and were checked on both sides by the police. They then commenced to run down towards the station, where at that time there were no police. Mr M'Whirter, of the Age, and I therefore ran out, stopped them at the fence, and rounded them up to Mr Sadleir and party on our right, where they were passed one by one.
John M'Whirter , reporter of The Age, stated that he was in the special train that stopped at Glenrowan. Nothing about the line having been broken up was known at Benalla when the special train passed there. (Witness described the stoppage at Glenrowan.) Mr Hare was 70 or 80 yards from the station when Mr O'Connor left the station. Mr O'Connor went into the drain, as did also wit- ness, who subsequently returned to the platform. Was on the platform when Mr Hare returned wounded. After Mr Carrington had bound up the wound, Mr Hare got his gun and again walked off in the direction of the hotel, but returned m a few minutes staggering like a drunken man (Witness gave evidence as to the events that took place at Glenrowan.)
All the police must have known there were prisoners in the hotel immediately after the first volley. The reporters knew it at the station, and the police were in a better position to get such knowledge than they. Did not see Mr Sadleir going round the circle of men much, but saw Constable Dwyer going to him for instructions frequently. It was known, before the hotel was fired, that old Cherry was on the premises wounded. Mr O'Connor's position in the drain was not a good one for general observation. It was a good one for preservation. Ned Kelly escaped from the building from the rear. He left it immediately after the first volley, had seen the late Aaron Sherritt's house. Believed that if the police in the house at the time Aaron Sherritt was shot had left the house to encounter the outlaws they would have been shot. It would have been a useless display of courage on the part of the police.
To Mr O'Connor. – The drain was not an unexceptionally good place for watching the front of the hotel from.
The commission adjourned until 11 o'clock next morning.
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