The Argus at KellyGang 30/6/1881
THE POLICE COMMISSION
TUESDAY, JUNE 28
Present –Messrs Longmore (chairman) Hall, Graves , Fincham, and Anderson MLA's, and Mr Dixon.
Superintendent Hare , recalled, gave evidence as to a claim for compensation for assistance rendered to the police put in by a previous witness named Jacob Wilson.
The Very Rev Dean Matthew Gibney of Western Australia deposed that he was at the Glenrowan affair, having arrived there about mid-day. Was passing in the train when he heard the outlaws were bailed up at Mrs Jones's hotel. When he ascertained there was no Roman Catholic clergyman at Glenrowan he determined to stop there. He saw Ned Kelly, who was then lying wounded at the station. Saw Ned's sister subsequently and asked her if she would to to her brother Dan, and say a Catholic priest wanted to see him. She said she would go, and started, but was stopped by the police. Told her to ask Mr. Sadleir if he (witness) could go up to the hotel, and she could not get permission. Previously asked Ned it he thought it would be safe for witness to go up to the hotel, and Ned said it would not, as his comrades might shoot witness without stopping to think what they were doing. Was surprised no sign of truce was given by the police to show the outlaws that their lives would not be taken there and then if they came out of the hotel.
The police seemed not to be under any disciplinary order. There was an evident absence of generalship. The police were firing as they liked. Noticed no attempt to communicate with the outlaws on the part of the police. When the house was fired his feelings revolted. He wished in his heart the building might not take fire. When the building was actually on fire a volley was fired in to the house. He thought that was his time to go to the hotel, as he believed the outlaws would be glad of any truce. Started for the front door of the hotel. When he was halfway between the railway fence and the house Mr Sadleir called out to him that he ought not to go there without consulting him. Witness remonstrated with Mr Sadleir, telling him he was not in the police service, and was on his own duty. He was then allowed to go on to the hotel. There were about 500 persons present. They clapped hands as he walked to the hotel.
When he got inside he called out that he was a Catholic priest, and asked them to speak to him. First saw Byrne's body lying on the floor. The place was blazing considerably, and he was afraid he might be caught in the fire. Blessed himself in the name of God, and went into another room where he saw two corpses. Was certain the men were dead. They had not been suffocated by the fire, as witness went into the room. They were lying side by side at full stretch, with their armour off and pillows under their heads. Concluded that they had lain down and killed themselves to show the police, when their bodies were found, that the police had not killed them. In the eyes of one there were unmistakable signs that he had been dead some time. Life was quite extinct in both. There would have been time, had life not been extinct, to remove them from the building. A few police came up.
The outlaws must have lain down in the position witness saw them and shot themselves. They could not have got into the position in which they were after being mortally wounded. Noticed no weapons. His inspection was very hurried. No other man came near the house until he went out and said the outlaws were all dead. Then three police ran up. His great object was to see the outlaws get time for repentance. They were lying so closely together that witness considered they must have committed suicide. Witness had seen criticisms about his not having been offered any share of the reward. He might say he never in- tended to receive any part of the reward. In his opinion priests ought never to participate in the distribution of any such sums of money. Was surprised, knowing what he had seen at Glenrowan, that he was not called as a witness at the inquest. Was on his travels for the purpose of collecting money for an orphan institution in Western Australia . Cherry when brought out of the burning premises seemed conscious, but unable to speak.
Senior-constable Charles Johnston , recalled, stated that he was one of a party sent out under Inspector Brook Smith to search for the outlaws after it was heard they had passed Wangaratta. It was on 6th November, 1878 that the party went out. There were 22 in the party. When they got about 20 miles from Wangaratta they divided, Mr Brook Smith took one party and Detective Kennedy another. Mr. Smith's party went towards Yarrawonga. Witness was with the latter. They went to Yarrawonga and returned to Lake Rowan . On November 8, they picked up the tracks of five horses. Showed them to Mr. Smith. Both thought the tracks were those of the outlaws. Traced them on to the Warby Ranges about 25 miles. That would be in the direction the outlaws would probably go to get to Greta. Believed the outlaws had tried to get cross the Murray after the police murders, could not succeed, and were then returning. Night came on, and as the party had no provisions, it was deemed desirable to go to Wangaratta. Mr Smith said that black trackers might be procured at Wangaratta.
The outlaws, if they were the outlaws' tracks, could not have been more than 48 hours ahead of the party. Received orders to start at 4 o'clock next morning. The party consisted of seven persons. Called Mr Smith at 4 o'clock , and he did not get up. Called him again at 5 o'clock, but he did not get up until 7 o'clock am . He sent the party ahead, saying he would follow. He told them to remain at O'Brien's, and he would pick them up. Stayed at O'Brien's until 1 o'clock pm, and as Mr Smith did not turn up, they went without him and picked up the tracks, and followed them. Found a pack horse that Sergeant Kennedy had with him when shot. The party intended to camp on the tracks and follow them next morning, but Mr Smith rode up and gave the order to halt and form up. He asked if there were any applications or complaints. Told him the party had one of the horses taken from the police. He said, “Right; proceed to Wangaratta." The party returned to Wangaratta.
| ! | The text has been retyped from a microfiche copy of the original. We have taken care to reproduce this document but areas of the original text may been damaged. |
