The Argus at KellyGang 2/6/1881 (2)

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(full text transcription)

Sgt Steele giving evidence

Witness – Yes. There were old wounds on prisoner, which he must have bled considerably from before I shot him; and Kelly also stated, as his wounds indicated, that he had been shot in the early morning. The other police had been on the ground two or three hours before witness, but he believed that he heard the first volley when coming down by train. He believed, from information he received, that it was the first volley he heard.

Mr Hare – When you heard that the Kellys had crossed the line at Wangaratta, did you telegraph to Mr Sadleir that you were certain that the tracks which had been seen were those of the outlaws?

Witness. – I do not recollect.

Mr Hare. – Were you not told that the men who had crossed the line at Wangaratta had a horse similar to one stolen from Kennedy?

Witness. – Certainly not. No definite in- formation was given.

Mr GRAVES would like to know whether witness did telegraph at any station after leaving Wangaratta?

Witness could not remember.

Mr GRAVES. – Did you communicate to any senior-constable, sergeant, or officer.

Witness. – No, I left the matter to Mr Brook Smith.

To Mr Hare – He understood that Mr Smith had a party of six men, horse and foot, with horses available. Did not know that the station-master at Wangaratta had sent in a claim on the strength of the information he gave with regard to the men who crossed the line. Witness went on to Rats' Castle, on information received from Mr Nicolson with regard to a bell brand horse being recognised there.

The CHAIRMAN, at this stage, ruled that nothing would come of Mr Hare pursuing this examination, as he was not in the district at the time.

Witness continued to Mr Hare – Remembered a conversation in June with Mr Hare about secret agents. Witness told him he had no faith in Aaron Sherritt – that was the only agent in whom witness had no confidence.

Mr Hare – Do you remember telling an anecdote of an agent set to watch — —'s house, and saying that you had no faith in him?

Witness said what he did complain of was Mr Hare's not telling him (witness) of the agents. The anecdote referred to was told to illustrate the evil of Mr Hare not letting witness know of his agent. On Mr Hare's second visit he reposed more confidence in his sub-officers than before. Witness was in charge of the Wangaratta district. Superintendent Fennell was the nominal head of the station, but he was not fit for the work. He had been discharged from the force. Witness did not recognise him as a superior officer.

Constable James Dwyer deposed that he was now stationed in Melbourne . Was sent to the North-Eastern district soon after the police murders on his own application, as he wanted to assist in the capture of the out- laws. Wrong information was frequently given purposely to the police. Believed Aaron Sherritt did not act faithfully to the police. Was at Wangaratta when Sherritt was shot. Arrived at Glenrowan about 5 a.m. on the day the gang was destroyed. When Mr Sadleir arrived, he asked to be shown by Senior-constable Kelly to where Mr O'Connor was, and that direction was complied with. Mr Sadleir went into the trench where Mr O'Connor was, and asked him how he was getting on. Mr O'Connor reported the previous events. Witness was also in the trench. Screams of women in the hotel were heard, and Mr O'Connor said the hotel was full of them. Mr Sadleir said "We can't fire at the hotel, then, because of the innocent people." The police on the Benalla side of the hotel were then firing into it. Messrs. Sadleir and O'Connor called out to the innocent people to throw them- selves flat on the ground. At half past 6 o'clock a.m. it was known the outlaws were in armour. When Ned Kelly was captured, he was trembling with fear, and said, "Don't kill me, let me live as long as I can. I never injured any of you." Witness said, "You wretch, you shot Hare, and my comrade Kennedy, when he was begging for his life."

Witness just kicked Kelly like he would have kicked an old cur to show his contempt for him. The kick would not hurt anyone. Did not see Constable Arthur running away. After Kelly's capture witness returned to the trench, where he found Messrs. Sadleir and O'Connor .Subsequently witness gave Ned Kelly a little brandy. Ned asked for a bit of bread, as he was very hungry, and witness got him some, and, at Mr Sadleir's direction, some more brandy. Mr Sadleir asked Ned to send a message to the other two outlaws – Dan Kelly and Hart – to surrender. Ned said he would not, as his best friend, Joe Byrne, was shot. Again saw Mr O'Connor in the trench after 8 o clock am. Witness had expressed regret to Mr Sadleir that he had kicked Ned Kelly. The kick was meant as a mark of disgust at his cowardice. Witness reported to Mr Sadleir immediately after Ned's capture that he had kicked Ned. Witness went to the railway station to put on Ned's armour, with the object of rushing the hotel. But he abandoned the idea, as he found the armour so cumbersome and heavy.

At half-past 2 o'clock pm , witness saw Mr Sadleir, and told him that four constables, including himself, were willing to rush the hotel. Mr Sadleir would not sanction the idea, and said witness should not have asked him, and ordered him back to his post. Then Constable Montford made the same offer to Mr Sadleir. Saw the two outlaws at half past 2 pm , going from the back kitchen to the main building. The last shot from the hotel was fired about half past 2p.m. Before that heard a noise inside the hotel, as if one of the outlaws had fallen in his armour on the floor; and heard a similar noise about an hour before the house was set on fire. Witness was one of the first into the hotel after it was fired, and saw the dead bodies of Dan Kelly and Hart. They were about six yards apart. They were at opposite ends of the room. Hart was half lying in bed. He did not believe they had shot one another. Dan Kelly was lying on another bed. Byrne's body was taken out of the back door. The priest came out of the hotel by the back door.

The CHAIRMAN announced that the commission had passed a resolution dispensing with the further attendance of officers. This did not, however, apply to Mr O'Connor, who was not an officer of police, and whose conduct was immediately under consideration.

The commission adjourned until 11 am next day.

end

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31-aug-10

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