The Argus at KellyGang 16/5/1881 (2)

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Sgt Whelan giving evidence

The police were not hampered by instructions from their superior officers. The men were at liberty to act on information they received. Objected to say whether he expected another outbreak of bushrangers but would give any information be had on that point to the commission privately. Not more than three trackers ought to be with a party. They are capital trackers.

To Mr O'Connor - First saw you between 1 and 2 o'clock pm. between the station and the drain.

The CHAIRMAN - According to the police regulations Mr O'Connor's appointment ought to have been made by the Governor in Council, and it would then have appeared in the Gazette. As that had not been done, Mr O'Connor and the force had been unjustly treated.

Witness (to Mr O'Connor) - Did not see you and Mr Sadleir following the priest to the hotel at a distance of six or seven yards. Saw you with Mr Sadleir near the hotel afterwards.

To Mr Hare - When you were in charge at Benalla the men had much practice in the use of firearms. Thought the officers were on the best of terms. Know of no chances being lost through jealousies. Frequently saw Captain Standish, Mr Hare and Mr O'Connor together. The trackers - a party of 19 horses - could never catch the outlaws by them- selves. There used to be six horses for the boys, three or four packhorses, six mounted troopers, and three or four officers. That was the strength of one body that went to the King River . Think that no more than two trackers should accompany a party of white troopers. The trackers ought however to be kept together in one barracks. The white troopers used packhorses, but the trackers will not work unless they have blankets and tents.

To Mr O'Connor - Mr Hare generally took out six or seven men. Am not aware he took out 11 men once.

Mr GRAVES - I have formed an opinion from the evidence that the force was not efficient in the use of firearms. Is that correct?

Witness - As to my own men, they were pretty well able to use their firearms.

Constable Thomas Reilly was examined with reference to the Glenrowan affair, at which he was present. He said he was there at 5 o'clock am, and did not see Mr O'Connor until shortly before the hotel was burnt. Saw one of the outlaws at one of the windows at 12 o'clock. Shots were fired from that window up to 1 o'clock pm.

Constable Thomas Kirkham , of Benalla, deposed that he was present at the Glenrowan affair. Got there about 3 o'clock am in the special train. Mr O'Connor started for the hotel shortly after Mr Hare. Saw Mr Hare wounded. Took up a position at the Benalla end of the hotel. Mr Hare said, "For God's sake don't let them get away." Witness received no other order. Did not see Mr O'Connor after he followed Mr Hare to the station, for about three-quarters of an hour. When the women came out of the house witness heard Mr O'Connor, who was nearer to the hotel than he was, speaking. Witness went to the station for ammunition, but, not getting any, returned with a loaf of bread to where Mr O'Connor was in a drain. Witness stayed there some time. It was a secure position. Took round provisions to the men. Saw Mr Hare fire at the hotel. Could not say how many shots he fired. Was looking for ammunition at the station for half an hour. Went there about three-quarters of an hour after the first volley was fired. Was in charge of the Queensland black trackers now. They would not fight without the white police. Two trackers would be quite sufficient for one party at Glenrowan. Constables Dwyer, Montiford, and Armstrong offered to rush the hotel. Was told Mr Sadleir would not consent. Saw Mr Sadleir going round giving orders after Mr Hare was shot, and before Mr Sadleir arrived Senior- constable Kelly was in command, being a Victorian sub-officer. Did not know Mr O'Connor was a Victorian officer of police. Witness was specially handed over to Mr O'Connor by Mr Sadleir to do duty in connexion with the black trackers. Considered Mr O'Connor severed his connexion with the police when he started for Queensland . Was out frequently with Mr O'Connor and his trackers. They seemed to like him and obey him. Had had a lot of shooting practice in the district, was supplied with 20 rounds of rifle ammunition, but could not use it for practice without orders. Believed he could obtain ammunition for practice if he asked for it. Some men bought ammunition for practice out of their own pockets, to make themselves perfect shots. Two of Mr O'Connor's trackers were good shots, and the others were very bad. The present trackers are tolerable shots with revolvers, but have had no rifle practice.

To Mr O'Connor - Doubted the courage of the trackers at Glenrowan. When the prisoners were called out the trackers went under a culvert. They said they had no ammunition. Never mentioned that before. That was the only occasion he had to doubt the courage of the trackers. Mr O'Connor held that it was good, because it was a safe position. It was also good because it commanded the front of the hotel.

To Mr Hare - Did not see Mr O'Connor for some time after he first left the platform.

Senior constable Johnston deposed that he reached Glenrowan about half past 11 o'clock am on the day the gang was destroyed. Some shots were fired by the outlaws from the hotel after he arrived. The last shots were fired from the hotel about 1 o'clock pm. Witness proposed to Mr Sadleir to rush the hotel, the front door of which was open. About 2 o'clock p.m. he and Constable Wilson saw one of the outlaws come to the back door. The police frequently called on them to come out. He made the proposal to burn the house. Thought it would drive the outlaws out; did not know anyone else was in the hotel. Mr Sadleir told him he had sent for a cannon. Witness suggested then that the hotel should be fired, Mr Sadleir said - "In the name of God, do it." Witness got some straw and kerosene, and it was arranged that while he ran up to the house the police should fire a heavy volley into the hotel. The arrangement was carried out.

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