The Argus at KellyGang 1/6/1881 (2)
THE POLICE COMMISSION
TUESDAY, MAY 31
Present - Messrs Longmore (chairman) Fincham, Gibb, Anderson , Hall, Graves , and Dixon .
The examination of Senior-constable Kelly was continued.
Before he was called, Mr Hall stated that he had received numerous applications from persons who considered themselves entitled to rewards; but had sent in no claims to the Government, thinking that the commission would deal with the question of the distribution of the rewards. He desired to know whether the commission could deal with the rewards.
Mr Graves also said that he had had similar applications, and knowing that there was some dissatisfaction with the awards of the reward board, and an inclination to look to the commission to alter or to add to the awards, he would like the chairman to express a definite opinion on the matter.
The Chairman said that the question as to the distribution of the reward had not been referred to the commission. All that he had asked of Mr Berry was that he should defer the distribution of the reward until after the commission had furnished its report. It appeared to him that some of the awards were not such as would have been suggested by the evidence taken before the commission, but it was not for the commission to deal with the rewards.
After some further remarks in the course of which reference was made to the strong dissatisfaction felt with the report of the Police Reward Board, particularly in New South Wales , the matter dropped.
Senior-constable Kelly merely replied to some questions of Sergeant Steele which were of no great interest.
Sergeant Steele deposed that he went to Wangaratta in 1876. Horse-stealing at that time was very rife. A great many horses were stolen from Greta and traced to the Murray . (Witness gave the names of some of the horse-stealers.) Kennedy and Baumgarten were convicted for the stealing of the horses and the complicity of the Kellys in their crimes was discovered by witness and Detective Bower. Warrants were issued for the arrest of the Kellys. Witness made several attempts to arrest them In April, 1878, received report of the shooting of Constable Fitzpatrick. Mr Nicolson was at Wangaratta. Witness waited for instructions from Benalla, and receiving none, started with Constable Brown to watch Mrs Kelly. They arrested Willamson and shortly afterwards arrested Skillian, in company with Senior-constable Strachan. Afterwards arrested Mrs. Kelly. The charge was aiding and abetting the shooting of Constable Fitpatrick. The prisoners were taken to Greta and thence to Benalla. They were tried and convicted. Witness then applied to Mr Sadleir for a party to endeavour to effect the arrest of the other Kellys in the ranges. Mrs Kelly's husband was dead. There were some of her daughters in her house at which she was arrested.
On 25th October, 1878 , witness heard of the murder of the constables at Stringybark Creek. Witness had been constantly making efforts in the meantime to capture the outlaws when business let him leave the station. His principal reason for going out was the inefficiency of the constable at Greta. Witness reported him for his incapacity and he was subsequently removed. The constable in question was intímate with the some of the Kellys, and was an intemperate man. Senior-constable Strachan succeeded him. Witness thought that if there had been proper police arrangements at Greta the horse-stealing would not have been permitted, the outlaws arrested, and the murders prevented. He thought that with efficient police supervision, the outlaws would have been kept in check, and that with such supervision there would be no great danger of further outbreaks. After the Stringybark murder, witness started out with a party of police.
On November 1, 1878 , left for Benalla. Got special train started for Beechworth to search the ranges. Before leaving Benalla there was a rumour of the outlaws having gone through Wangaratta. Mr Sadleir told witness to go to Wangaratta and inquire about the rumour. Went to Wangaratta and heard that there were indications of the outlaws having passed, and he felt satisfied himself that it was the outlaws who had passed through. He believed that had the police followed the tracks then they might have captured the outlaws. He would have followed them himself, but he had to follow his previous instructions and go to search the Rat's Castle. Witness recommended Inspector Brook Smith to follow the tracks of the horsemen who had passed through Wangaratta. Witness did not know of the overtures made to Sherritt by the police. He did not hear Mr Nicolson reprimand Captain Standish for making those overtures.
To Mr GRAVES - When witness heard of the Kellys being seen near Wangaratta he was under orders to proceed to Rat's Castle, and he followed the instructions, instead of pursuing the Kellys in the direction which they appeared to have taken. He considered the indications very good and certain, and although he felt satisfied that the information was good, and that the tracks of the outlaws should be followed, he considered it his duty to act on his instructions and go to Rat's Castle. The search parties were at liberty to go where they thought best on receiving information.
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