Royal Commission report day 24 page 2
The Royal Commission evidence for 1/6/1881
(see also introduction to day 24)
Sgt Steele giving evidence
9195 By Mr. O'Connor— Did I understand from your evidence that after taking Ned Kelly to the station you never went round again?— No, I did not leave the station except when a constable relieved me, and I went up to look at the remains of the outlaws that were carried out–the charred remains.
9l 96 That was about five or six?— I could not say what time, but I did not go beyond that.
9197 By the Commission— After the capture of Ned Kelly you went with him to the railway station and remained there till after the hotel was burnt?— Yes.
9198 By Mr. O'Connor— Had you an opportunity of seeing any person about the hotel?— Yes.
9199 Did you see me at any time?— Yes, several times.
9200 You saw me several times walking round?— Yes.
9201 Where?— Near Mr. Sadleir on one occasion, standing with Mr. Sadleir behind a tree. They were both firing on the one occasion.
9202 By the Commission— What hour?— I could not exactly say. I noticed Mr. Sadleir and Mr. O'Connor both moving about as they advanced.
9203 Cannot you say about?— It was some considerable time before the burning of the house.
9204 How long?— Two or three hours before.
9205 When did you first see Mr. O'Connor after the capture of Ned Kelly?— I think he came soon after the capture.
9206 Never mind about thinking; when did you first see Mr. O'Connor that you can swear to?— About twenty minutes or half an hour after the arrest of Kelly, at the railway station. I think he came up and had a look at Ned Kelly and went away.
9207 By Mr. O'Connor— In your opinion any person on the field there that knew me must have been me?— I think so. I know I saw you on several occasions when I went out; when I went out, as a rule, I saw you.
9208 By Mr. Sadleir — You mentioned about the crime about Greta before the murders, that was before I took charge of the district?— Yes, it was.
9209 And the Mansfield police, of whom I was in charge, had nothing to do with it?— I used to communicate occasionally with the Mansfield police with reference to Broken River and Avon Vale offenders.
9210 They were in no way responsible?— No
9211 Were not Senior-Constable Kennedy and Senior-Constable James who were there very active constables?— Yes, as good men as any in the police force.
9212 The Fitzpatrick affair was also long before I took charge of the district in July 1878–his affair was in April 1878?— I was under the impression that you had taken charge of the district before that, but I may be wrong.
9213 If those dates are correct, it would be before the Fitzpatrick affair?— Before I swear to that I would like to look at the notes I have made. I cannot tell; I did not keep a memorandum.
9214 As regards Mrs. Kelly's arrest and her statements, did she not on one occasion admit to Sergeant Whelan that she did split Fitzpatrick's helmet with a shovel?— No, you are mistaken. She made an admission to me. She asked me, when I was waiting outside for the horses to be brought in the paddock, “What does Fitzpatrick say I did?” I said, “He accuses you of striking him on the head with a shovel.” She said, “Sergeant, you would not like to see a son of your own taken; there is no telling what those wretches would not swear if they got him in.” I gave that in evidence on the trial.
9215 Did she afterwards deny being there at all?— Yes; and Kate Kelly admitted that only for her they would have finished Fitzpatrick off.
9216 The whole of that business of horsestealing that culminated in Baumgarten's arrest, and Constable Thom's inefficiency at Greta, are all before I took charge?— Yes, I think so.
9217 To come down to the day you left Mansfield , on the road to Rats' Castle, you corrected your evidence–it was on a Sunday?— Yes.
9218 In regard to that report about the outlaws crossing over the One-mile bridge–were you not the first to tell me about that?— Yes, I told you.
9219 Were you not the first to give me the rumor?— Yes.(Argus12/11/81)
9220 And it was then only as a mere rumor?— Just a rumor.
9221 I could give you no instructions on that?— You did give some.
9222 Not further than telling you that you were to go on to Wangaratta, and to act as you thought best?— No.
9223 I will put it another way–you were at perfect liberty?— No.
9224 If there had been no party under Mr. Smith at Wangaratta, might you not have felt justified in staying?— Yes....
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