Royal Commission report day 23 page 1 at KellyGang

The Royal Commission evidence for 31/5/1881

full text

(see also introduction to day 23 )

SConst John Kelly giving evidence

Present:
The Hon. F. LONGMORE, M.L.A., in the Chair;
E. J. Dixon, Esq., J.P., J. H. Graves, Esq., M.L.A.
J. Gibb, Esq., M.L.A., W. Anderson , Esq., M.L.A.,
G. W. Hall, Esq., M.L.A., G. R. Fincham, Esq., M.L.A.

8796 By Sergeant Steele— Did you hear me tell the men who came from Wangaratta to scatter round to the back to prevent Ned Kelly getting away?— I do not remember that you said so.

8797 I wish to show that the report furnished by Mr. Sadleir in reference to the outlaw Kelly was based on the report of Senior-Constable Kelly, and that I was never applied to in regard to it, though I was the senior officer on the ground at the time?— I never wrote a report.

The Chairman (to Sergeant Steele) — You will have an opportunity of referring to these points in giving your own evidence, and you will then be on your oath.

8798 By Sergeant Steele (to the witness)— Were you called upon by your senior officer to send in a report?— No; only about the reward.

8799 Did you make a report verbally?— I may have done so.

Mr. Sadleir— No doubt he did make various statements to me, and Sergeant Steele objected to some statements in my report and was allowed an opportunity of forwarding his own view. All the reports, together with his remonstrances, are in the office.

8800 By Sergeant Steele (to the witness)— Did you furnish a statement to the newspapers?— I did at Glenrowan, and you made a statement at the same time.

8801 Was the statement in the Age of the 25th a correct account of what transpired that morning?— I am not aware what it is.

8802 Have you not read it?— I have, but it is a long time ago.

8803 By the Commission— Did you and the others at Glenrowan make certain statements to the reporters of the press?— Yes.

8804 Did you do it by making a verbal statement which was taken down by a member of the press?— Yes, there was one reporter there.

8805 Did he ask you to give a detailed report of what took place, and he took it down verbatim?— Yes.

8806 Did any other members of the police force do the same?— Yes.

8807 You were never asked to send in a written report to a superior officer?— No, I never was.

The witness withdrew.

Sgt Arthur Loflus Maule Steele sworn and examined .

8808 By the Commission— What are you?— A sergeant of police. I joined the police force on the 8th of June 1857 . I took charge of the police station at Wangaratta on the 6th of November 1876 .

8809 What were you then?— Sergeant.

8810 Was that your first acquaintance with the North-Eastern district?— No, I had been in the district for thirteen years previous, about Yackandandah and other parts, and knocked a good deal about the district.

8811 Can you inform the Commission as to what led up to the Kelly outbreak?— Yes. Horse stealing at that time was very rife indeed, and one of the outlaws–Steve Hart, who lived near Wangaratta –was arrested by me on several charges of horsestealing.

88l2 Have you the date of the arrests?— I have not, but I know it was about eighteen months before the outbreak. He had done a sentence, and came out of gaol about eighteen months before the outbreak, I think, as near as I can remember. And there were also a great many horses stolen from the neighborhood of Greta, which were traced to the Murray–Baumgarten's place. The two Baumgartens, and a man named Studders, and another named Kennedy.

8813 What Kennedy is that?— A man named Samuel Kennedy, residing at Howlong in New South Wales , on the border. Kennedy and Studders live in New South Wales , and the Baumgartens in Victoria . Kennedy and William Baumgarten were convicted for stealing those horses from Greta. Detective Brown and I found out that the Kellys–Edward and Dan Kelly–were connected with the larceny of those horses.

8814 About what time?— At the time those horses were stolen, and they brought the horses to the Murray . There were other convictions as well. A man named Loury, alias, Cook, was convicted also for being implicated in the same mob of horses. Warrants were issued for the arrest of the Kellys at Chiltern. I think a constable named Robinson laid the information.....

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