The Argus at KellyGang 31/3/1881 (3)

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(full text transcription)

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O'Connor giving evidence

At last Mr Sadleir ordered the plan to be carried out. A constable reported that a shot was fired from the house two hours before it was fired. Another man stated he saw Dan Kelly pass a window 20 minutes before it was burnt. We called to the outlaws to give them so many minutes before firing the house. Fired some heavy volleys, under cover of which Johnson set fire to the house. There was firing by the police after we were told that there were prisoners in the hotel, and before they were released. The prisoners were in the kitchen. Shots were exchanged after the police knew the prisoners were in the kitchen, which was a distinct building, separated by several feet from the main building, where the outlaws were. Did not believe about the number of people in the kitchen. There were about 15 or 20 that came out. We did not fire into the kitchen.

I did not direct the force not to fire at the kitchen. Senior-constable Kelly went round to tell the police that. Did not order him to do so. At such a time of excitement, one cannot always do the best thing. Believed if there were other people in the house they were friends of the Kellys. Believe a big gun was sent up from Melbourne towards Glenrowan. Captain Standish was responsible for that. The gun was stopped at Seymour . After I was told there were prisoners in the hotel premises, there was no indiscriminate firing into the buildings on my part or that of the men near me. Cannot remember when I heard the old man Cherry was in the place wounded. The house was burnt, and the bodies of the two remaining outlaws were recovered with that of Joe Byrne. Was present when Cherry was taken out. Could not hear what he said. He could barely articulate. Captain Standish arrived at Glenrowan at half past 5 pm . He saw me, but took not the slightest notice of me until I put out my hand, which he just touched. Mr Sadleir also told me Captain Standish was very cavalier in his manner to him. After a little delay nearly the whole party returned to Benalla. Captain Standish said he told Mr Sadleir not to give up the charred bodies of Dan Kelly and Steve Hart.

To the best of my recollection, heard Captain Standish tell Mr Sadleir to give up the bodies to the friends of the outlaws. Recollect Kate Kelly trying to go to the house alter it was set on fire. She was stopped by the police. She was asked if she would get them to surrender. "Surrender to you — dogs? No, I would sooner see them burnt alive," she replied. Mr Sadleir would not allow her to go on to the house. Before the priest went up to the hotel, Mr Sadleir stopped him for a moment, but he went on, and entered the house. Some men followed him. The priest said he saw the two outlaws, Dan Kelly and Steve Hart, dead. Captain Standish did not thank me or recognise me, except by touching my hand. At Benalla, I saw Mr Hare, who said "Let bygones be bygones," and seemed friendly. I had had a misunderstanding with Mr Hare, but it was about a private matter. Can't remember any civilians offering to go into the house before it was burnt.

My private quarrel with Mr Hare did not interrupt my official communications with him. When I saw him at Benalla he gave me to understand he had recommended or approved of the burning of the house. Next morning I left Benalla for Melbourne . Mr Hare and Ned Kelly were in the same train. At Euroa I got an Age newspaper containing an account of the affair. My name was not mentioned therein. Spoke to Mr Hare about that, and he said, "Wait until you see The Argus. That makes you all right." The Argus report merely mentioned we were there. My friends thought either I had not been there, or had done nothing. Upon arriving at Queensland after that, my Government asked me to explain why I had not done my duty. That so stung me that I reported and resigned. When they asked me why I had not done this and that, and why Mr Hare had done everything, I felt annoyed. The Queensland commissioner of police was hurt at my resignation, and begged of me to withdraw it. He said it was the Colonial Secretary who had called for a report. I agreed to withdraw my resignation.

The Governor then sent for me, with the Colonial Secretary, and asked my opinion of several matters. Told them I must return to Victoria to demand an inquiry into Mr Hare's report. They concurred, and, on that understanding, I came back to Victoria on leave of absence. There was such a delay in holding the inquiry that the Queensland Government told me they could not give me unlimited leave of absence. Then I resigned. The Queensland Government asked me to represent them officially at the inquiry in connexion with the Kelly re ward I resigned in consequence of being unable to get an inquiry into this matter, but I don't say I should have stayed long in the force. From the time of the publication of Mr Hare's report on the Glenrowan affair – which was calculated to make my services slightly esteemed, and to injure me seriously in my position as an officer of police – there has been a general opinion that I did nothing at Glenrowan. Captain Standish, on July 2, wrote to me conveying the thanks of the Governor of Victoria for my "important services" at the Glenrowan affair. For some time nearly everyone thought that Mr Hare had done everything, from what appeared in his report and in the newspapers. Mr Ramsay wrote to the Queensland Government, thanking them for the great services rendered by myself and men, and stating we rendered most valuable assistance. In that letter it was stated that Captain Standish denied there was any jealousy between the Victorian and Queensland police.

Captain Standish knew there was jealousy. Told Captain Standish, before that letter was written, that he had not treated as properly. There was no jealousy between Mr Hare and myself. We all worked most harmoniously together, excepting Captain Standish. As bushmen the Victorian police as a body, were inefficient. Men also were sent up to Benalla who scarcely knew what a rifle was. As a body, they were most courageous men, they were also well disciplined. There were no guides, with local knowledge of the country, in the police force, and that was a great drawback. Mr Nicolson made it his first duty to get guides. Mr Hare used to go out with his own men from the Bourke district, instead of taking men with local experience. With regard to the long delay in capturing the Kellys, I attribute it to a great extent to the want of bush knowledge on the part of the police. As a rule they were not accustomed to leave the main roads. What was wanted was men in the force of the stockman type – good bushmen. The system of scouring the country in search parties was utterly useless. Did not notice any want of promptness of action. Certainly Captain Standish once ignored important information about the out-laws. That was when he heard they were in a hut. Do not think it would have been possible to cut the outlaws off from their supplies.

This ended Mr O'Connor's evidence

The commission adjourned until 11 o clock next day.

end

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