Royal Commission report day 13 page 8
The Royal Commission evidence for 14/4/1881
(see also introduction to day 13)
Superintendent Sadeir giving evidence
2865 Of that gully we have heard of?— Yes, while he was going round I made arrangements for a firing party to cover his approach to the house.
2866 From what position?— To fire from the reserve, the railway reserve, almost to where he would reach just keeping, say, half the length of this room, at which he was to set fire to it, to keep their fire just that distance from him. I had another party immediately under my own direction firing at his side as it were, as he went along the building. We kept a very warm fire for just the few minutes while he was approaching the building. He walked up quite coolly, got behind the chimney, he was protected so far, lay down his bundle of straw and set fire to the south end, saturated the straw and dashed kerosene on to the wood work. I think his first match missed fire; the second match he set fire to the bundle of straw and got easily back again to cover without a shot. There was no firing that I could hear from the building at him while the fire was going on. I thought it had failed to catch the building; Mrs. Skillion, sister of Ned Kelly, approached just about this time, before I was certain whether the fire had taken, and I had her stopped as she came; she wanted to go to the building and enter it; and Father Gibney also came on in the same line that Mrs. Skillion was coming from, the railway gates, urged on by the crowd, and I called upon him to go back; he stopped, then the crowd urged him again and he went on, and the police still tried further to stop him; and then I saw him make the religious sign of the cross on his face, and I knew he was going for the building. Then, at this time, while what I am speaking of was occurring, the smoke began to come through the roof, and I saw the building was then taking; he rushed into the building, the police near, myself and all, rushed after him. My intention first was to stop him, but he was first in and out again the whole thing then took but a moment. When he came out he repeated that there were three men dead lying on the floor, one in the passage and two in another room. I ran round the end of the building to save Cherry. That was arranged I should have said at first—the first thing that was to be done was to save Cherry.
2867 Before that what distance was it between the police and Father Gibney?— The nearest police about ten yards; the men crossing Armstrong, the police would almost pass him; they were, as I said, about ten yards, and some followed him from behind, and some rushed from where I stood. There was a general rush of all those in sight as soon as the priest went for the building. He was very nearly unable to get out again through the fire.
2868 This was Dean Gibney?— Yes.
2869 Nearly smothered?— Yes. I was on the verandah with him in half a minute; and the heat and the smoke had descended from the roof in a cloud of fire and smoke down close to the floor. The iron roof of the building was lined with paper and canvas, the fire ran up along the sides and caught the ceilings, if there were ceilings; and when I went up the fire was descending like a cloud, there was no getting into the building. If he had stayed a few minutes more he would have been burnt; there was no getting in. I got round to the back of the building and found a man named Dixon , a private citizen of Benalla, and, I think, three others lifting out Cherry.
2870 Dixon the bootmaker?— Yes; the others were lifting out Joe Byrne who was perfectly cold and stiff at this time, the corpse, and his armour on, part of the armour. His helmet was outside the building altogether, I believe, at that time. Cherry merely gasped a few dying gasps and died within three minutes; he was perhaps dead almost immediately. There was no sign of fire on Cherry or in the building where he was. There was a sign of fire on Byrne's knuckles. His hands were clenched and lying somewhat in this fashion—[illustrating his meaning]. The very point of his knuckles were cracked with the heat of the fire, scorched. It took some time before the remains of the others could be seen, and still longer before we could get them out. It was, perhaps, close upon half-past four when we got the charred remains of Hart and Dan Kelly out on the platform.
2871 Were they in armour?— No, their armour was lying immediately beside them. I think they died in armour. It is only my impression, and from reflection on the subject since. The armour being beside them was simply that the thongs that held them were burned, and the armour fell off.
2872 Then a portion must have been on the body?— It depends upon how they lay; they would he on the side, and it might fall off. They were altogether in a lump; the armour and the two bodies were as close as this—[describing by spreading his hands]. I saw the bodies as soon as they were to be observe by anybody. The smoke rose again for a moment. I was with Senior-Constable Johnson, and he said, “There they are,” and we could see them, and my impression was that the armour was on them then, but I found that was a mistake—the armour was lying close to them.
2873 Do you think they shot themselves or shot each other?— You have all I know of the matter. When I came again the bodies were being removed.
2874 Who removed the bodies?— Any one of the 50 constables there, or several of them. It was done by the police; that was from the charred position in which they were found.
2875 Who did it?— I do not know who did it. The bodies were brought down to the platform. After the bodies were removed on to the Glenrowan platform, I offered to Isaiah Wright, if the friends wished it, to give them over the bodies of Steve Hart and Dan Kelly. This seemed to please them very much, as an unexpected favor......
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