The Argus at KellyGang 3/3/1882 (2)
In Superintendent Sadleir's case the Government decided upon a course some what opposed to the recommendation of the commission, which reported concerning him as follows :–
"That the evidence disclosed that Superintendent Sadleir was guilty of several errors of judgment while assisting in the pursuit of the Kelly gang; that his conduct of operations against the outlaws at Glenrowan was not judicious or calculated to raise the police force in the estimation of the public. That the commissioners are further of opinion that the treatment of Senior-constables Kelly and Johnstone by Superintendent Sadleir was harsh and unmerited. Your commissioners therefore recommend that Superintendent Sadleir be placed at the bottom of the list of superintendents."
A consideration of his case did not lead the Cabinet to feel that this condemnation was merited by any action of Mr Sadleir's, or that the suggested degradation would be just.
On one point however, they approved of the commission's finding, and that was in reference to his treatment of Senior-constable Kelly. In September, 1880, after the trial of Edward Kelly at Beechworth, that officer was ordered to Greta, but he requested to be relieved of that duty, in the following note, dated the 16th September, 1880 :–
"I beg to inform the Superintendent that my reason for asking him not to transfer me to the station referred to is the prominent part which I took in the capture and destruction of the Kelly gang, and the well-known feeling which exists against me there. I am the only member of the police force in this district who gave evidence against Ned Kelly, and I have been advised by many persons friendly to me to endeavour to get removed from this district, as after the execution of Edward Kelly there will be a much more bitter feeling of hatred against certain members of the force – myself in particular – and that sooner or later some serious or fatal violence will be committed on me. I do not desire to avoid going to live at Greta from any personal fear of such consequences, but I think that the ill-feeling which exists against me there, would be a serious obstacle to the efficient performance of my duties. My being sent there will be looked upon as a challenge to the friends of and sympathisers with the families connected with the outlaws, and will result as above referred to. I may remind the superintendent that being on leave at the time of the murders of the police at the Wombat. I at once threw up my leave and returned to Benalla, and went into the bush with a party of men, and have been for nearly two years exposed to the hardships of the search. Moreover, there is no place at Greta at which I can live except Mrs O'Brien's public-house. Her position respecting the Kellys is pretty well known, and I should receive but little consideration from her. I therefore trust that I shall be permitted to perform my duties in some locality where I can place my wife in a suitable home. – John Kelly, Senior-constable, 925.
As a result of this communication Kelly was sent to the Western district, but in consequence of his having requested not to be sent to Greta, Superintendent Sadlier made the following entry on his "record sheet."
" 25/10/80 -The senior-constable up to the date of the capture of the Kelly gang showed himself very efficient, and subsequently, when told off to take charge of the Greta station with three constables, he pleaded to be excused, from fear of personal risk. Another constable undertook the duty, and the senior-constable's transfer was recommended as a mark of my disapproval of his conduct. – J Sadleir."
The Cabinet regarded this minute of Superintendent Sadleir's as censurable, and he is to be censured accordingly. Apart from that, however, no action will be taken in reference to him, and his reinstatement will follow immediately. The minute upon Senior-constable Kelly's record will be cancelled by direction of the Government.
Inspector Brook Smith's case was not entered upon. That officer the commission recommended should be called upon to retire, but as his health at present is very pre- carious, and as it was understood that he was desirous of retiring, the Cabinet did not think it necessary that that portion of the report which referred to him should be considered.
Detective Ward was recommended for censure, and to be reduced a grade, because "he was guilty of misleading his superior officers upon several occasions, more especially in connexion with Mr Nicolson's cave party and Mr Hare's hut party." The Cabinet felt that the detective was blameable in this matter, but they considered that his punishment would be sufficient if he were reduced to the lowest position in the grade in which he is now classed. At present he is only senior to one other officer in this division.
Sergeant Steele was more severely dealt with by the commission than was any other officer. It was recommended that he should be reduced to the ranks because he neglected to take action when on his arrival at Wangaratta on the 4th November, 1878, he received trustworthy information that the outlaws had been observed on the previous morning passing under the One-mile bridge at Wangaratta. The Cabinet did not think that this finding was justified by the evidence, but no action was taken in his case, pending the appointment of a special board to inquire whether or not he fired deliberately at Mrs Reardon and other persons imprisoned in the hotel at Glenrowan, as was stated by Constables Arthur and Phillips. Steele applied for such an investigation, and a board will be constituted at once to deal with the statement.
Constables William Duross, Thos. Patrick Dowling, and Robert Alexander, who were recommended for dismissal because they in company with Constable Armstrong, who had resigned, had been "guilty of disobedience of orders and gross cowardice" while stationed at Aaron Sherritt's hut on the night that he was murdered, will be dismissed accordingly, the Cabinet agreeing with the commission in their estimate of the punishment which should be awarded to those officers.
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