The Argus at KellyGang 6/5/1881
THE POLICE COMMISSION
Thursday, May 5.
Present – Messrs Longmore (chairman), Anderson , Graves , Gibb, Hall, and Fincham, MLA's and Mr Dixon.
Constable Thomas P Dowling – I was sent to Mooroopna, in the North-eastern district, in 1879. Was one of the party of four told off to Sherritt's house to watch Mrs Byrne's. Recollect Mr Hare and Detective Ward visiting Sherritt's on the Saturday previous to Aaron being shot. I and Armstrong, another of the party, were then some distance from the hut cutting firewood. Mrs Sherritt met us and said Ward had asked her to tell us to take up our positions at Mrs Byrne s house. I said we ought not to tell a lie. We next met Ward, who gave us the same advice. He said he had told Duross to tell Mr Hare the party was watching Mrs Byrne's. I declined to be a party to a lie. We went at Ward's direction, to Mrs Byrne's, where Mr Hare found us.
Mr DIXON here called attention to the statement made by Mr O'Connor on the previous day to the effect that he had been appointed to an inspectorship in the North-eastern district. He had no personal motives in this connexion, as Mr O'Connor was a perfect stranger to him. That gentleman was one who asked for this inquiry, and he, together with Messrs Nicolson, Sadleir, and Hare, who had been relieved from duty pending the report of the commission, were to a certain extent on their trial. The commission might find it necessary to censure or praise any of those gentlemen, and this appointment of Mr O'Connor was, under the circumstances, an extraordinary step. Mr O'Connor had only been connected with the Victorian police temporarily. It might be urged that he was appointed because of his experience in tracking. But the commission had yet to determine whether it was advisable to employ black trackers in this district, and if so, whether Mr O'Connor was competent to command them if they were appointed. The black trackers might do their part of the work well, but yet might not care to arrest desperate armed men. Consequently, they ought to be led by a man of indomitable courage, and the commission were not yet in a position to say that Mr O'Connor was qualified for such a position. But he had nothing to say against Mr O'Connor personally. He concluded by moving a resolution expressing surprise at Mr O'Connor's appointment, considering that he was one of those who asked for an inquiry into their conduct in connexion with the search after the Kellys, and that the commission had not sent in a report.
Mr GIBB expressed his disapproval of the appointment under the circumstances, if it had been made. It would be well to send for the official papers.
Mr GRAVES – We ought to send for the papers, as it might be only a temporary appointment.
The CHAIRMAN –The Chief Secretary told me he was anxious to send Mr O'Connor to the North-eastern district.
Mr DIXON –Mr O'Connor gave me to understand it was a permanent appointment.
Mr HALL – If the appointment is only temporary, we ought not to object to it.
The commission sent for the papers in connexion with the appointment, and the secretary went for them. On his return he reported that there were no papers in the case. The acting-chief commissioner of police, in his late report on the North- eastern district, had recommended that Mr Montfort should be appointed to take charge of the district, and that Mr O'Connor should he offered the appointment of second in command. Mr Berry had offered Mr O'Connor that position, but Mr O'Connor informed him that he could not accept it, as he had to attend the sittings of the commission. Then Mr O'Connor was recommended to obtain leave of absence from the commission, and did so. Mr O'Connor had told him he had received the appointment, and he (the Secretary) suggested at the time that he should give the information to the commission. It was expected that the appointment would be formally made that day.
Mr HALL said there might be an emergency, and the appointment might be only temporary.
Mr ANDERSON – Unless there is an emergency, the appointment ought not to have been made.
After further discussion a resolution was carried, expressing disapproval of the appointment pending the result of the inquiry, there being two dissentients, viz., Messrs Fincham and Hall, and the chairman and Mr Anderson were requested to wait on the Chief Secretary, and present the resolution to him.
The commission adjourned for an hour and a half. On resuming, the CHAIRMAN reported the result of the interview with the Chief Secretary. Mr Berry stated he had not made the appointment, and would not make it except with the concurrence of the commission, and that he desired the commission to inquire into this portion of the case as soon as possible, as he knew of no one more competent to command the black trackers than Mr O'Connor.
Constable Dowling resumed, and gave an account of the murder of Aaron Sherritt. He said -When Weeks, the German, outside the hut called out for Sherritt, Mrs Sherritt asked her husband to show him the way. Aaron opened the door, and was pointing out the way to Weeks, when two shots were fired. I and my mates kept a sharp look-out from the bedroom into the kitchen, and outside the doors when opened, but could see nothing. Armstrong said "What about rushing?",' I said, "I will ask the others."He asked them and they said "Yes." Arm- strong then said "We had better remain inside until the morning," as he believed the outlaws would stop outside, and then we should be on equal terms with them. Mrs Sherritt told us Joe Byrne had asked her to ask us to go out, and that he would not shoot us. We asked her and her mother not to go in and out of the hut.
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