The Argus at KellyGang 30/3/1882
THE CHARGES AGAINST SERGEANT STEELE
The following is the report of the board appointed to inquire into and report upon the charges preferred against Police Sergeant Steele of recklessly firing at defenceless, people: -
The board examined the evidence contained in the report of the Royal Commission on the Police Force, and took steps to ensure the attendance of all witnesses who gave evidence before the commission respecting Sergeant Steele, and whom he had no opportunity of cross-examining. Such witnesses as Sergeant Steele desired to attend in refutation of the accusation brought against him were also in attendance. Constable Phillips was the only person whose evidence the board could not obtain, as he has left the colony.
In an inquiry of this nature, it became necessary to go to some extent towards ascertaining the position the police had taken up when Sergeant Steele, with his contingent, arrived on the field of action. Sergeant Steele, who was in charge of the police from Wangaratta, hearing the report of volleys and desultory firing on the line of road towards Benalla, collected his men and proceeded at once in that direction. On approaching Glenrowan, and having learned from Constable Bracken that the outlaws were in possession of the hotel, he dismounted his men and advanced on foot, when he was challenged by Senior-constable Kelly and Constable Arthur. After a few words of information he directed two of his men, Constables Cawsey and Moore, to take up positions at the back of the premises, and he said he would go to a tree a few yards from the side of the hotel. Senior- constable Kelly cautioned him that he would be shot before he reached the tree referred to. He, however, took up the desired position, from which he commanded the approaches to or from two sides of the hotel.
Shortly after this, Mrs Reardon, with a child in her arms, followed by her husband and son, made their appearance outside the hotel, with a view to escape. She advanced, screaming, and was called on, apparently by Sergeant Steele or one of the police, to hold up her hand. She did so, saying she would as soon be shot outside the house as in. It appears she must have passed close by Sergeant Steele, who states that he directed her to go through the fence.
She did so and went in the direction of the railway, when immediately two shots were fired, as she states at her. At this time there was heavy firing from various directions. Her child, which she was carrying, jumped in her arms, and she cried out that he was shot. She afterwards showed a bullet hole through the shawl which covered her child, but Sergeant Steele was armed with a double barrelled gun carrying swan shot. Can it be possible that within so short a distance and armed with such a weapon, had he fired at her she and her infant could have escaped unhurt? That the poor woman was justly terrified by the shots whistling past her there can be no doubt, but that she should know, or could possibly have observed, whence the two shots came is quite incredible. That at this time also she looked upon the police as her assailants may be safely assumed, as her life was imperilled through the cross fire of the police on the hotel. This feeling has been no doubt since intensified by the knowledge that her son had been wounded by Sergeant Steele. That Sergeant Steele fired on young Reardon he does not dispute, but at the time he was under the belief that the man was one of the outlaws attempting to escape.
It is further remarkable that the alleged firing on Mrs Reardon by Sergeant Steele was not reported or spoken of by Constables Arthur and Phillips until the Police Commission sat, a period of nearly one year after the date of the Glenrowan affair. Nor was this matter ever alluded to in any conversation or in any way whatever in the police barracks, or amongst the constables generally, and the witnesses called by Sergeant Steele and examined by the board distinctly prove that he did not fire at Mrs Reardon.
In the opinion of the board, Sergeant Steele showed himself to be a courageous man and excellent officer. He took up from the first moment the most prominent position. When the outlaw Kelly came under his observation he steadily advanced upon him, and over- powered him with the assistance of the other police. His superior officers, Messrs Nicolson and Sadleir, both speak of him in the highest terms of commendation as a most trustworthy and efficient sergeant of police.
The board unhesitatingly and unanimously acquit Sergeant Steele of the charges made against him.
The official notes of evidence are forwarded herewith.
E. P. S. STURT, Chairman T.D.S. HERON, P. M. C. MOLLISON,
Members of the Board.
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