Spotlight: The Police Commission at Greta

Age (Melbourne, Vic. : 1854 – 1954), Wednesday 18 May 1881, page 1


THE POLICE COMMISSION AT GRETA.

[BY OUR SPECIAL REPORTER.]

The royal commission appointed to inquire into the working of the police department concluded their task of taking evidence at Benalla on Friday night. On the following morning an early start was made for Greta, the party being conveyed in three two-horse waggonettes. The morning being fine, the drive proved a most enjoyable one. We drove over a tolerably good bush road to the north of Winton, and did not stop until we arrived in the locality of Seven-mile Creek, in front of the land occupied by Mrs. Kelly, the mother of the deceased out-laws. It is an allotment of 68 acres, pleasantly situated on a well grassed flat, the Warby ranges rising not far off in the back-ground. Immediately fronting the road are the ruins of a slab shanty that at one time did duty us an unlicensed bush public house. Within the larger enclosure a small plot of ground is securely fenced, and is carefully cultivated as a kitchen garden. This appears to be the only cultivation going on. The house in which the Kelly family live is a slab hut of small dimensions. It is roughly built, but, like thousands of its class, it is well calculated to afford all the shelter and convenience required by its bush occupants. In front of the door a domesticated kangaroo was browsing ; a few fowls, a cow and a horse in the distance, appeared to be all the livestock on the ground.

Mrs. Kelly at home with her children: Alice, Kate, Grace, Ellen and Jack.

Mr. Graves and Mr. Anderson went to the house and knocked at the door. Their summons was answered by Mrs. Kelly, who has been liberated from gaol for some eight weeks. They told her that they had called to ask her if she or any members of her family wished to make any statement to the commission, as they were quite prepared to hear their complaints if they had any to make. They told her that it had come to their knowledge that the female members of the family had complained of the conduct of the police, and if they desired to prefer any such complaint the commission would hear it. Mrs. Kelly replied that her daughters, Grace and Kate, would tell the commission how they had been treated. After some delay Grace came forward, but owing to an awkward shyness, not unnatural to a girl of 14 in her station of life, she was unable to make any statement. Mr. Longmore and Mr. Graves went into the hut and endeavored to put the girl at her ease. Her mother asked her to relate what Ned Kelly had told her as his last request to repeat to the authorities. The girl, then, after some hesitation, said that Inspector Brook Smith had dragged her and her sister out of their beds and made them go before them (the police), while they searched the place, their object being, to protect themselves against any sudden onslaught of the bushrangers. She further stated that Inspector Brook Smith had wantonly upset dishes of milk, a bag of flour, and had torn down the wall paper without reason or provocation. Mr. Longmore then asked the mother if any of the police had made improper overtures to any of her daughters, and was answered in the negative. Grace further said that Detective Ward had threatened to shoot her if she did not tell where her brothers were. Some words passed as to the question of Mrs. Kelly selling out. She stated that she would be willing to sell out and go to another district, but there was some difficulty about the title. The interview closed, and the two commissioners retired. There are some very young children about the premises, the offspring of Mrs. Kelly. Grace Kelly is not a prepossessing girl, though her sister Kate is said to be tolerably good looking. Mrs. Kelly is a woman who might very well pass for 40, and if she were well dressed, for even less. Her hair is jet black : she has a good color, regular features and by no means a bad figure. There is, notwithstanding, a restless and furtive movement in her dark and somewhat small eyes, and a worn expression creases her face at intervals, showing that the calamities that have overtaken her have left their shadows of sorrow. Kate Kelly, who was said to be in the house, did not make her appearance.

Before leaving this part of the sketch it is advisable to say a word or two about the position of the allotment held by Mrs. Kelly. If it was not chosen for its many advantages, it has happened that good fortune gave the late outlaws a situation that was admirably suited to serve the purposes of their vocation. They had an allotment on a flat piece of land where they could watch the approach of anyone coming ; they were within a few minutes’ ride of two intricate and almost inaccessible ranges of hills; they could reach the hills after a short ride, going to almost any point of the compass ; they had all the back country on which to operate, and for a market they had New South Wales to reach, which was only a long day’s ride ; they were within easy riding distance of Mansfield, Myrtleford, Everton, Beechworth, Wangaratta, Glenrowan, Benalla, Violet Town, Euroa, Longwood, Avenel and Mangalore. These advantages were used with perhaps as much skill as could be employed by any set of uncultivated bushmen. This Alpine country, with its rugged and inaccessible hills, intricate ranges, its numerous caves and its many swamps, may at any time become the retreat of a class of criminals who either wish to escape from the officers of the law or to lead lives of open lawlessness. The commission left Mrs. Kelly’s selection and drove on through what is known as the Gap to Greta. This place can hardly be called a village. It has one public house, a store, and one or two other places of business. There are four mounted constables stationed here.

After a short stay the commission drove on towards Glenrowan, leaving the long Greta swamp on the right hand at some distance from the road. It has been settled now beyond a doubt that the outlaws spent many months of undisturbed repose in the quiet retreats afforded by the islands in this swamp. The tall reeds make it impossible to see men at any distance beyond a few yards. In some places a horse can travel without being seen until you actually come upon it. The gang acted upon the plan of never remaining twenty-four hours in the same place, and whenever they were seen by accident they put long distances between the place where they were observed and their next resting-place. They had no horses with them ; they were always left with friends or blood relations. They slept by day and travelled by night. Although they changed their quarters frequently, there can be no doubt they spent the major part of their eighteen months’ liberty within six hours’ ride of Greta. They changed from the ranges to the swamps, and vice versa. The advantages of this plan were obvious enough. They were near their faithful blood relations, without whose assistance and information they could not have lived, and they were in a country every intricate nook of which they were familiarly acquainted with. Many and many a night the members of the Kelly family turned out from the several places where they assembled, and, with their half-dozen dogs, dislodged the police who were lying in ambush under cover near their houses. Of course they never made themselves offensive to the police, but they came upon them, chaffed them, and allowed that they knew perfectly well where they were. This made further watching for the time futile. In the matter of search, again, it is well known that the gang had better opportunities for watching the police than the police had for searching after them. In addition to their being advised of every movement of the police, Ned Kelly always carried a powerful field glass. On one occasion when Mr. Hare and his party were in the Glenrowan Ranges, Ned and his men were on the opposite slopes. The police could never tell at a long distance what men they might be looking at, but the bushrangers could always make a very shrewd guess as to whether men they saw were police or not.

The party arrived at Glenrowan station at a tolerably early hour in the day. The primary object of the visit was to ascertain if Mr. O’Connor had any special qualifications entitling him to be promoted over the heads of several deserving officers in the force, who have striven hard for several years to distinguish themselves. The commission were advised that if Mr. O’Connor were promoted or appointed over the heads of other Victorian officers it would create intense jealousy and dissatisfaction, even if the effect were not the demoralisation of the force. It has been pointed out that Sergeant Steele, Sergeant Whelan, Senior-constable Kelly and other sub-officers distinguished themselves, and that the effect of placing a stranger over their heads would have a most dispiriting effect, unless the person so appointed had special qualifications of such a character that all the sub-officers would have to admit his superior claims. The immediate object of the commission was to solve this question. Though some evidence was taken, the major portion of the work done was to go over the scene of the contest, and by a series of observations and questions fight the battle over again. The more the plan of the gang is examined the more is its diabolical cunning and cruelty seen. The soundness of Kelly’s judgment in going to the station at all may be questioned. Had the gang remained in ambush at the point where they intended to wreck the train, made prisoners of all they saw, and cut the line themselves, the success of their scheme was almost certain. Just before the curved embankment, over which the train was to have been wrecked, is reached, a curved cutting has to be passed through, and even the precaution of using the pilot engine would not have saved the party. The pilot only ran about two yards ahead of the police train, and as the curve in the line would have hidden the lights of the pilot from view the rear train would have been too near to the scene of the first accident to be able to pull up when the disaster was discovered. Both engines would have shot over the bank, one after the other. The mode adopted by Mr. Curnow in warning the police of this awful trap was as clever as it was brave. To avoid being seen by the gang, he went some distance along the line, and, before displaying the light, he got down a deep cutting through which the train had to pass. According to the evidence of Reardon, a platelayer, as given on Saturday, as soon as Kelly heard the train stop in the distance, he remarked at once, “This is that —— Curnow’s work.” Mr. Hare pointed out on Saturday the exact spot on which he stood when he was shot by Ned Kelly — within a few yards of the point of the house. Mr. Hare passed through the wicket-gate on the side of the railway, and being the first on the ground, became a conspicuous object for the gang to fire at. From that moment the fight became a work of earnestness. Senior-sergeant Kelly took up the work, and carried it on with energy till Mr. Sadleir came from Benalla. The trench in which Mr. O’Connor stood was examined, and found to be quite up to the terse description of a constable on the previous day, “a safe place!” At the same time it is only fair to say that the position commanded the front of the house. The plan of attack proves, on examination, to be a gross mistake. The surrounding of the house by a cordon of police, all of whom were allowed to carry on independent file firing, was an error of judgment, as the firing to the centre involved the necessity of the police practically firing at one another. How they all escaped is a miracle. The corrugated plates of the roof of the hotel are lying about in all directions, and there is not one of them that is not riddled with shot, showing that the firing must have been “high.” The relic-mongers have cut away parts of the fence and niches out of the trees to get the bullets, while they have neglected the riddled iron plates of the roof. The evidence given on Saturday went to confirm previous evidence, and showed clearly that the men, after receiving a general order to surround the house, were left to their own devices. Sergeant Steele pointed out the tree from which he started to attack Ned Kelly alone, and before he was joined by his comrades. He also showed the place where the outlaw fell after being shot in the groin by him (Steele).

After examining the site of the fight thoroughly, the commission proceeded to examine witnesses. Mounted-constable Wm. Canny was examined, but his evidence was not of much importance. James Reardon, a railway laborer, described how he had been imprisoned on the Sunday by the outlaws, and how he was obliged to take part in breaking up the line with a man named Sullivan. At that time Kelly said he had shot a lot of police at Beechworth, and threatened to shoot witness if he did not do as he was told. He (witness) said Hart was drunk on Sunday. The others refused drinks several times, though they were under the influence of drink to some extent. Towards the evening they got more sober. There was no chance of escape from the hotel, Mrs. Jones insisted on their remaining in the hotel after Dan Kelly said they might go. He (witness), with others, made three attempts to escape, but was driven back each time by the volleys fired. It was very hot, and any one would have said so if they had been there. When he made the third attempt he went towards the railway, and was challenged by someone in the trench, who said, “Who goes there?” He answered, “A lot of women and children.” Immediately after a volley came from the trench, and he ran back towards a place occupied by Mr. Sadleir, who told him to lie down on the ground, and he did so. He did not hear the police call out to the prisoners to come out till half-past nine. Three or four hours before that the outlaws were willing that they should go out. At one time they held up a white handkerchief to the window as a sign of truce, so that the prisoners might get out. Immediately three bullet holes were made in the handkerchief. The women attempted to get out but were driven back. Sergeant Steele fired at his wife, who had a child in her care. Her dress and the dresses of several of the women were torn with shots. Constable Arthur threatened to shoot Sergeant Steele if he fired at his (witness’s) wife again. On one occasion one of the police called out, “Cease firing,” and Constable Dwyer said, “Let us polish this lot off first.” Sergeant Steele shot his son as he was attempting to escape with his little brother. He had to turn back into the hotel. He had the bullet in his breast now. On the evening before the fight Mrs. Jones led off the dance and gave her boy 6d. to sing the Wild Colonial Boy. It is only just to Sergeant Steele to say that he stated that he saw a young man coming out in the dawn of the morning on his hands and knees. He challenged him, and told him to hold up his hands. When he did not obey he (Steele) fired at him. The lad is evidently broken down in consequence of the shot. He has never worked since. The commission returned to town by the last train.

TUESDAY, 17th MAY, The sittings of the Police Commission were resumed, there being present Messrs. Longmore (in the chair), Fincham, Graves, Hall, Gibb, Anderson and Dixon. Mr. O’Connor said he wished to call the attention of the board to the great injustice which had been done him by the publication of a paragraph in The Age on the previous day. In that paragraph it was alleged that the object of the board was to inquire into his fitness for the position which the Government proposed to appoint him. Under the circumstances he felt it to be his duty to ask the commission if they had given authority for the paragraph alluded to. Mr. Graves replied that he simply answered the question out of courtesy. He knew nothing about the paragraph. Mr. Hall remarked that he had replied to the interrogations of the members of the press to the effect that so far as he knew the visit of the board was made to the country respecting the conduct of O’Connor, and the appointment it was proposed to give him. He believed that was so, as the inquiry was confined to that point. Mr. O’Connor said he still must say that he felt that a great injustice had been done him, and that the statements made in the paragraph were perfectly unjustifiable, because the evidence that had been taken showed that he left the station with Mr. Hare. No evidence had been given that he acted in a cowardly manner, and the insinuation that he was in a place of safety went for nothing. The chairman remarked that the commission were not responsible for paragraphs which appeared in the press.

Constable Daniel Barry was called, and deposed that he was ordered to do duty in the North-eastern district when the Kelly gang was at large. He thought, at the first, Aaron Sherritt was acting faithfully to the police, but his apathy towards the last caused him to doubt him. When the cave party was in existence he heard one night some voices and reports like crackers. In consequence he asked Sherritt to go and see the cause. He replied there is nothing in it, but he at once ran into the bush and hid himself. He was of opinion that Mrs. Barry, Sherritt’s mother-in-law, knew of the existence of the cave party. The witness proceeded to describe the scene at Glenrowan. When within about twenty-five yards of the house, Mr. Hare was fired on, and the police returned the fire. The order to stop firing was given, and then Mr. Hare said “O’Connor, get your boys and surround the house.” He also said to Senior-constable Kelly, “For God’s sake surround the house, and see that none of them escape.” Mr. Hare, in passing him from the front, said, “Good gracious, I’m hit, the very first shot.” Heard him calling out to them not to let one of the outlaws escape. Saw Mrs. Jones, who walked about the house and abused the police, and saw Stainhurst, Mrs. Jones, her children, O’Neil, and McHugh come out of the house. After Mr. Hare left, and until Superintendent Sadleir arrived he looked upon Senior-contable Kelly as being in command. He received orders from him, and was told by him to remain where he was, as the position was a good one. During the whole of that day he fired about twenty-five shots out of his rifle. A number of the police did not fire at all, as they, with himself, did not think it would be advantageous to do so. The witness gave evidence with regard to the cave party, similar to that already given by Constable Faulkener. Mr. Hare said that when at Benalla, Constable Kirkham had been asked if he had seen him (Mr. Hare) firing after he had been wounded, and he replied in the negative. Mr. O’Connor insinuated at that time that he (Mr. Hare) could not load his gun with one hand, and Kirkham had agreed with him. To show that his (Mr. Hare’s) evidence that he had loaded and fired his gun was correct, he had obtained the gun he had used on the occasion and would show how he used it. Mr. Hare then loaded his gun with empty cartridges, using one hand only, and fired rapidly. Mr. O’Connor said it was because Mr. Hare was in pain that caused the opinion he formed that he could not load and fire his gun. It should be remembered that he was not now in the same condition as on that morning. Constable Barry continued his evidence. In reply to Superintendent Sadleir he said that it was generally understood that the Kelly horses were shod. He did not know why that opinion was formed, but he believed that those horses appropriated by the Kellys, and seen with them, were gazetted as shod horses. To Mr. Hare : It was after Sherritt got married that he lost faith in him. When the first attack was made on the outlaws at Glenrowan the gang fired about fifty shots. The police fired at least twice that number. Mr. Hare remained near to where he was hit for a short time giving orders. Witness heard him say, “O’Connor, get your boys and surround the house.” He did not see O’Connor. He was not on the hotel side of the railway fence. It was Mr. Hare’s order, on the pilot engine, that if any of the men were wounded to leave them and throw their whole attention into the capture of the Kellys. To the board ; Received an order during the day, but none direct from Mr. Sadleir. The order came by a constable, and he supposed it emanated from an officer. When the prisoners were escaping he heard shots fired by the police. To Mr. O’Connor : He was one of the first party which watched Mrs. Byrne’s house. Mr. O’Connor asked if the witness considered it a wise thing to turn the police horses out in Aaron Sherritt’s paddock. Mr. Fincham remarked that he would like to know what object Mr. O’Connor had in asking these questions. Mr. Hare said his object was to throw discredit on him. Mr. Nixon considered that officers should only examine witnesses with regard to matters afecting themselves, and not go out of their way to attack their brother officers. He thought every member of the board would agree that the witness had given his evidence in a straightforward and manly way. Mr. Hare had only examined him with regard to his own conduct. The officers were not there to attack one another. Mr. O’Connor desired to say that he thought he should be permitted to continue his line of cross-examination. Mr. Hall said if this sort of thing was to go on they had better adjourn and determine whether the officers should be present. Mr. Anderson said it was the desire of the board that the officers should only ask questions affecting their own conduct. Mr. O’Connor said he considered he should be allowed to elicit evidence which would throw discredit on Mr. Hare, who had made insinuations against him. Mr. Dixon said that it appeared as if Mr. O’Connor was desirous of usurping the functions of the board. Mr. Graves said it was clearly the desire of the board that one officer should not attack another. Mr. Sadleir said he concurred in the wisdom of the determination of the board, and so far as he was concerned he would assist them, but, at the same time, if the board were going to do this now they should excise some of the evidence that had been given. The board, for instance, should excise that portion of the letter from Mr. Carrington which had so unfairly been put in by Mr. Hare. Mr. Dixon said that it had already been pointed out that Mr. Carrington would be called to give evidence, and Mr. Sadleir would then have an opportunity of cross-examining as severely as he chose. Mr. Hare said he would have no objection to the letter being withdrawn. Mr. Graves thought that could not be done, because the letter was in print. Mr. Hare pointed out that the evidence was only undergoing correction. A discussion ensued, in which it was stated that the evidence was sent to witnesses for correction, but only verbal amendments were permitted. The chairman informed Mr. O’Connor that he could only cross-examine the witness with regard to his own conduct. The witness continued : He did not see Mr. O’Connor in the drain, but heard he was there. It was a good place for personal safety. Hero, the black tracker, conducted himself well, but Jacky was rendered speechless with fear when the firing commenced. At this stage the board adjourned till next day.

The Siege of Glenrowan (Part 2)

In part one we covered Ned Kelly’s Glenrowan plot, the murder of Sherritt, the gang’s occupation of Glenrowan, the bungling of the police response and the machinations of Thomas Curnow to foil Kelly. At the conclusion, Ned Kelly had allowed Thomas Curnow to return home and the police train was leaving Melbourne with a team of journalists on board. This is where we resume our narrative…

Train Damaged

At 10:00pm the train departed from Spencer Street and proceeded north. A little under an hour later it arrived at Essendon train station where it collected Sub-Inspector O’Connor, his five trackers, his wife and sister-in-law. Once the passengers were settled in it was full steam ahead until they reached Craigieburn. Despite the order to close the railway gate, the Craigieburn stationmaster had left the gates open across the track to allow the regular traffic to cross unimpeded on the Sunday. As a result when the engine did not slow down as it passed the station, believing the track was clear, it ploughed through the iron gates causing considerable damage. The collision had destroyed part of the braking mechanism as well as pulverising a lamp and the footplate on the carriage. A stop at Seymour allowed the passengers to get coffee while the engine was patched up well enough to continue.

The police special arrived at Benalla a little after midnight. In the meantime, a second engine organised by Hare and Sadleir had been raising steam and was ready for action. When Hare was informed about the damage to the engine there was a discussion about how to assess if there were further hazards along the tracks, especially in light of the rumours circulating that Kelly sympathisers had sabotaged the line. Hare’s initial idea was to tie a constable to the engine as a lookout, but this was scrapped when it was pointed out that this would be lethal and impractical. Instead the damaged engine would journey ahead as a pilot to ensure a clear path, and the carriage would be shunted onto the spare engine to carry the passengers.

Curnow swings into action

All the time that the drama had been unfolding with the trains, Curnow had been attempting to convince his wife to allow him to leave and warn the police train. She was terrified that the bushrangers or their sympathisers would find out and murder them but Thomas’s mind was made up. Once his wife was asleep, he snuck out with a candle, matches and his sister’s red llama wool scarf. He took his horse and rode down the train line to a spot where it would be safe to flag down the train.

A Fateful Decision by Mrs. Jones

Once Ned had returned from capturing Bracken, things had stayed fairly quiet. It was just before 2:00am when Margaret Reardon asked Dan Kelly for permission to go home. Dan agreed that it was time for everyone to leave and instructed the prisoners to head home through the back door. However, Ann Jones panicked and blocked the door, telling the crowd that Ned would give a lecture first. Ned, of course, relished the opportunity to hold court again and proceeded to begin a rambling rant. Twice he attempted to stand on a chair and failed, seemingly incapable of retaining the necessary balance either through exhaustion, intoxication or the weight of his armour. During the lecture he took verbal potshots at the police, which Constable Bracken rebuffed with great indignation. While all this took place in the inn and unbeknownst to the gang and their captives, the police train was approaching Glenrowan and was minutes away from arrival.

Curnow stops pilot engine

As the pilot engine came into view, Curnow lit the candle and held it behind the red scarf as a warning signal. When the engine stopped, Curnow explained the danger ahead and the warning lanterns were lit. A whistle was blown to alert the police special bringing up the rear.

Curnow stops the pilot engine

While the trains sat idle, Hare went outside to get information about what was happening. He positioned some of the constables on the rise that overlooked where the trains were stopped and learned that the Kellys had pulled up the tracks just beyond the Glenrowan station. Curnow mounted and rode home, fearing that the longer he stayed the more likely he would get caught. The journalists in the press carriage caught wind that something was amiss and brought the lamp in from outside the carriage and pressed the seat cushions into the windows so they couldn’t be seen. Slowly the trains began to move towards the station.

As Dan kept watch outside the inn, he heard the train whistle then ran inside, interrupting Ned to tell him the train was coming. Joe Byrne locked the front door and put the key on a shelf as the gang ran into the bedroom they were using as their armoury. When he was certain the outlaws were occupied, Bracken stole the key and hid it in his trouser cuff before positioning himself near the rear passage to eavesdrop. In the bedroom, Dan and Steve helped each other into their armour while Ned went outside to investigate.

By his own account, Ned mounted his horse and rode out of the inn’s paddock and down towards the train line. Here he was able to see the pilot engine arriving and slowing down, the police special close behind. Ned would have realised at that moment that he had been betrayed. Some of the police on the train spotted Ned as he rode back to the inn to break the news to his gang.

As the train arrived, Hare saw a candle burning in the window of the gatehouse. As the police and their equipment and horses were being unloaded, Hare took a small party with him to the gatehouse, leaving Sub-Inspector O’Connor in charge at the station. At the gatehouse, Hare roused Mrs. Stanistreet who, terrified and weeping, informed him that the Kelly Gang had kidnapped her husband and taken him away, pointing towards the Glenrowan Inn. The police, thinking Mrs. Stanistreet had pointed to the Warby Ranges, headed back to the station where they would prepare to ride into the mountains on horseback.

The daring of Constable Bracken

When Ned returned to the inn he ordered Ann and Jane Jones to snuff out the lights and put out the fires, which they promptly did. The gang then went outside where they presumably discussed their plan of attack.

Constable Bracken

Meanwhile in the inn, Bracken told the prisoners to keep low in case there was shooting before unlocking the front door and leaving. He ran across the railway reserve as fast as he could go. When he reached the train station platform he found Superintendent Hare and explained that the outlaws were in Jones’s inn.

The Kellys, in full armour and well-armed, shifted the sliprail next to the inn’s sign as they walked around the side of the building, believing the doors were still locked, and took position along the verandah. Hidden by the shadows, there was no way for the police combatants to see they were in armour. They waited patiently for the onslaught.

Hare called out to his men to join him in storming the inn. There was some confusion and only a handful of the men initially headed down with Hare leading the charge. The police horses that were being unloaded were let go and allowed to run free. Bracken took one of the horses and began to ride towards Wangaratta in order to gain police reinforcements.

As Hare passed through a gate and took position, a blast from Ned Kelly hit him, shattering his wrist. He reeled and perched himself on a tree stump. He managed to get at least one shot off before realising he needed first aid. With the opening of fire the rest of the police ran to join the fray. O’Connor and the trackers took cover in a drainage ditch, which provided reasonable cover directly in front of the inn.

The siege begins

The outlaws mocked and jeered from the verandah as their armour protected them. Bullets went past them into the building, causing mass panic inside. The gang’s sense of invulnerability was short-lived however as Ned was injured when a bullet struck him in the foot, and became lodged. Another shot struck his bent left arm at the elbow rendering it essentially useless. He wasn’t the only outlaw casualty, with a bullet tearing through Joe Byrne’s calf, leaving him unable to walk.

It was at this stage of the battle that two skyrockets were fired from just near McDonnell’s railway tavern. Whether this was a signal to summon an army of sympathisers or a signal to turn them away, or perhaps something else altogether, remains a mystery, with only oral traditions providing any explanation.

Retreat

Hare, losing copious amounts of blood due to the severity of his wound combined with a pre-existing heart condition, was forced to retreat to the train station. He left instructions to surround the inn and ensure the outlaws were unable to escape. When he reached the train station, the journalists had created a barricade with the police saddles. Upon seeing Hare was injured, Thomas Carrington offered to help as he had some knowledge of first aid. A handkerchief and scissors were taken from O’Connor’s wife and cut into strips that were used to bandage Hare’s wrist. Once the makeshift bandages were applied, Hare attempted to go back onto the battlefield but soon passed out from blood loss. He was helped back to safety by Rawlins, the volunteer.

Back at the inn, with Joe and Ned injured, the gang decided to retreat to the rear of the building to regroup and reload. While Dan and Steve went inside, Joe and Ned were overheard at the back door having a discussion by Constable Phillips, who had positioned himself at the rear of the inn. Unable to reload his carbine, Ned ordered Joe to perform the fiddly task for him. The pair bickered about their situation with Joe saying, “I always said this bloody armour would bring us to grief.” Ned tried to buoy his spirits by bragging about Hare having been taken out and boasting that they would soon do the same to the rest of the police. It was at this time Ned was able to observe that the only way Joe could move around was by crawling on all fours.

In the early fray the police fire had resulted in multiple civilian casualties. Johnny Jones had been hit by a police bullet that tore through his pelvis and up through his body, exiting under his arm. George Metcalf was hit in the eye as police bullets hit the bricks of the chimney he was hiding behind (though it was later claimed by some of his colleagues, when questioned by police, that he was shot by Ned Kelly the day before, though no other witnesses seemed to notice one of the prisoners having been shot in the eye during during the many hours leading up to the siege.) In the kitchen, a police bullet ricocheted and hit Jane Jones, cutting across her forehead and lodging behind her ear. Civilians were laying low in the inn, the bulk of the women and children were sheltering in the kitchen where they were further away from the police who continued to fire into the inn relentlessly even when there was no return fire. The order was raised to fire high to avoid civilians cowering on the floor after the police had heard women screaming inside the inn.

Ned’s Escape

Ned Kelly decided to find an escape route. He tried to mount Joe’s horse but she broke free and bolted into the bush. Ned followed her. This was noticed by Gascoigne who shot Ned, but the bullet took no effect except to throw him off balance, leading Gascoigne to surmise that he was wearing protection of some kind.

Shortly after heading into the bush, Ned passed out near a fallen tree. It is uncertain how long he was unconscious for, but when he came to he crawled into the bush leaving his carbine and skull cap behind in the mud.

Brave Jack McHugh

Ann Jones was distraught over the wounding of her son and began wandering through the inn, shouting at Dan, Joe and Steve to go out and fight, before turning her ire towards the police. A torrent of lead saw her retreat to the kitchen.

Aware that the boy needed urgent medical attention if there was any hope of preserving his life, Jack McHugh draped the boy over his shoulders and ran out into the crossfire. Somehow avoiding getting shot, he made it to the train line where he was spotted by police. After explaining his mission he was allowed to seek shelter in McDonnell’s tavern. Young Jones was made as comfortable as possible, but his life was fading fast.

Contemporary illustration of the siege showing prisoners escaping the inn under fire.

Emboldened by McHugh’s miraculous escape and desperate to get out of the mess, John Stanistreet also managed to escape under fire to warn the police that there were women and children trying to escape. Ann Jones rallied the women and children in the kitchen and Jane took a candle and held it aloft to guide the escapees as they ran and to show they were not the bushrangers. Despite being fired at, most of the women and children escaped, with only an odd few retreating or remaining inside the main building.

Senior Constable Kelly and Constable Arthur ventured into the bush behind the inn hoping to find a spot to close off any escape route. Here they found Ned’s carbine and skull cap. While Arthur took position, Kelly took the items. When he returned to the front he wore Ned’s skull cap, claiming that his own hat had gone missing. Ned, who had been close by, managed to go deeper into the bush without being noticed.

Superintendent Hare tried to gain passage back to Benalla, but the pilot engine was hit by bullets from the inn and took off without him. The police special then turned around and carried him back. Once in Benalla he managed to make it to the telegraph office and secure medical assistance from Doctor Nicholson. Superintendent Sadlier was summoned and Hare sent word to Beechworth, Wangaratta and Violet Town to send all available police to Glenrowan before falling unconscious.

Death of Joe Byrne

Witnesses in the inn reported that close to 5:00am Joe Byrne was killed. Joe was observed pouring himself a drink and shortly after toasting to the effect of, “Here’s to many more days in the bush, boys!” It is unlikely this was a triumphant gesture so much as a darkly sarcastic one. After this he was struck by a bullet in the groin and collapsed across the prisoner named Sandercook and bled out within a couple of minutes, the femoral artery having been severed. Despite popular belief, there is no evidence to support the claim that Ned was present at this moment. In fact, all of the prisoners in the inn that testified stated that once the firing started Ned never re-entered the inn. The only account that stated otherwise was Ned Kelly’s, though his personal recounting of what transpired at Glenrowan changed slightly every time he discussed it, making such accounts unreliable.

Death of Joe Byrne as illustrated by Thomas Carrington.

Arrival of Police Reinforcements

Bracken had by this time ridden to Wangaratta and roused Sergeant Steele who had received the telegram from Hare and organised a police train. Not wanting to waste a moment, Steele and his mounted troopers headed to Glenrowan on horseback while the foot constables took the train. The train arrived slightly before the rest of the Wangaratta party and Rawlins briefed them on what was happening. As the mounted troopers arrived, they heard clanking in the bush that they dismissed as stirrup irons. Ned Kelly would later claim they had ridden so close to him as he lay in the bush that he could have reached out and grabbed them, but instead he tried to remain silent and let them pass. Immediately upon arriving at the inn, Steele took a position at the rear and began firing into the building without having received any instructions or waiting to be updated on the situation.

Steele (kneeling with shotgun) and some of his party.

Simultaneously, a train from Benalla carrying Sadleir and his party arrived. The men were sent out to reinforce the existing troopers while Senior Constable Kelly and Sub-Inspector O’Connor got Sadleir up to speed. Sadleir maintained the strategy of surrounding the inn and directed his men to fan out.

A mad dash for freedom by Mrs. Reardon

Margaret Reardon had enough of hiding and attempted to flee with her children. Dan Kelly called out that women and children were coming out and as they did, police ordered them to stay back. The prisoners continued to run towards the fence, desperate to escape the firing. Sergeant Steele took aim at Margaret Reardon and fired, the shot passing through the swaddling cloth her baby was wrapped in and cutting the infant’s head. The group scattered in terror. 19 year-old Michael Reardon tried to double back and get inside the inn, but Sergeant Steele shot him in the back, the lead lodging in the teen’s back and lung. When the police around him told him to stop firing he simply replied “I don’t care; I shot mother Jones in the —!”

Where is Ned?

By now Ned had been missing for several hours while Dan and Steve had been left to hold the fort. The police had shot dead all of the horses in the paddock, whether they were the gang’s or not, to cut off a potential escape. A local man named Martin Cherry had been shot in the belly by a police bullet and was taken to the kitchen and hidden under a mattress. Dan had taken to standing at the back door and calling out to his big brother with no reply. Witness accounts stated that both remaining outlaws seemed greatly deflated after Joe’s death.

The police had shot the horses in the inn’s paddock to prevent an escape attempt.

The remaining prisoners were almost entirely men, with a few children in the mix. The majority of those who were trapped had migrated to the bedrooms in order to get some distance and some barriers between them and the police. With the arrival of Sadleir’s party and Steele’s party the opportunity for the prisoners to escape had effectively evaporated.

Nobody in the inn had any idea what had happened to Ned. Oral tradition states that he had been found in the bush by his cousin Tom Lloyd who helped him prepare for a return to the inn. Ned himself would never make such a statement, but evidently something transpired in the bush and at sunrise, rather than make good his escape Ned decided, for whatever reason, to turn back and face the police again in open combat.

Ned Kelly’s last stand

The first policeman to take notice of Ned was Constable Arthur who warned him to stay back. Instead Ned threatened him and drew a pistol. Arthur fired his Martini Henry rifle at close range, badly denting the armour but not stopping the outlaw, who replied by bashing his revolver against his chest and boasting about his invulnerability. Other police left their posts to confront the mysterious figure. For around half an hour, Ned stumbled around half-conscious through blood loss, sleep deprivation and alcohol consumption. He occasionally steadied himself by resting his broken foot on the odd tree stump. For all the firing he managed, cycling through three different revolvers, not one trooper was killed or injured.

Eventually Ned reached the fallen tree where he had collapsed earlier that morning. Senior-Constable Kelly and Jesse Dowsett, a railway guard, approached. Dowsett began shooting Ned’s helmet and taunting him. As Ned was distracted, Sergeant Steele emerged from the bush and shot Ned in his right knee and pelvis. The shots were enough to knock the wind out of his sails and Ned collapsed. In a moment police piled on top of him. Senior-Constable Kelly removed Ned’s helmet, whereupon Steele began to strangle the outlaw and put a pistol to his head. Before Steele could pull the trigger he was threatened by Constable Bracken who levelled his shotgun at Steele and declared, “If you shoot him, I will shoot you.”

The fallen tree where Ned Kelly was captured

The crowd that had formed around the fallen bushranger had to react quickly as they were being shot at by Dan Kelly and Steve Hart. Ned was picked up and carried a short distance where Dr. Nicholson was able to use a penknife to cut the straps on one side of the armour to remove it. He was lifted over a fence and taken to the train station. He was put in the guard van of the train, but a flurry of bullets struck the van so he was transferred to the station building. A mattress was procured and Ned was laid upon it with his head resting on a large roll of cotton. The boots were cut off his feet and most of his clothing stripped from his body for medical examination. The main injuries that required attention were his shattered left elbow, a pistol ball lodged in his right thumb, the injury to his right knee and the bullet lodged in his foot. The rest of the injuries, of which there were more than twenty, were considered minor. He complained of hunger and was given bread and brandy, the dribbles of which he sucked out of his beard.

While he was in the station various police and journalists interviewed him, though he would often slip into unconsciousness. He explained that he had intended to fight to the bitter end and that the other bushrangers would not surrender. The whole time Steele kept watch over Kelly as if he were afraid he would vanish.

Then there was two

Likely believing Ned had been killed, Dan and Steve remained in the inn. Occasionally they would shoot at police but Dan was shot in the knee and retreated inside where he remained. When Dave Mortimer asked permission to try and escape Dan allowed it but as soon as the white handkerchief was presented to the police to signify surrender, the police opened fire at it. Thinking better of walking out to be gunned down, the prisoners remained in the inn. Now they were made prisoners by the police rather than the outlaws.

At 10:00am the decision was made to allow the civilians to come out. They were instructed to keep their hands raised and to lie on their bellies. The terrified victims were then scrutinised to prevent the risk of Kelly or Hart escaping. Two brothers were recognised as Kelly sympathisers and arrested; the rest of the crowd were allowed to disperse. Now the inn was empty apart from Dan Kelly and Steve Hart, Joe Byrne’s corpse and old Martin Cherry who was still in the kitchen under a mattress.

Prisoners on the grass after their release

Sadleir brings in the artillery

Desperate for a way to get into the inn that would mean no police casualties, Sadlier ordered artillery be sent up from the garrison in Melbourne to blow the inn apart. Sadleir had also brought thick ropes with him to pull the chimneys down, thinking the outlaws could be hiding therein, but had decided it was too risky. Sadleir continued to mull over options for capturing the two remaining outlaws while bored police continued to shoot at the inn.

By this time the rails had been repaired and trains were running along the line, bringing gawkers in from all over the region. Amongst the crowds, Father Matthew Gibney arrived. Gibney, the Vicar General of Western Australia, had heard of what was transpiring and wanted to be available to provide spiritual assistance where possible. He gave Ned the last rites and asked if the others would surrender to him. Ned told him they would not know him from a policeman but Gibney was determined to get into the inn, believing that a man of the cloth could bring the outlaws to reason.

Crowds gather on the train station platform with the inn visible in the background

More reinforcements arrived from Beechworth, led by Senior-Constable Mullane. Given how late in the siege it was, they had little to do other than use the inn for target practice, which was exactly what they did. There remained no definitive instructions for the police from Sadleir though the suggestion had been made to him that the police should rush the inn. Sadleir considered even one police casualty to be too many and refused to agree to such a measure.

Kelly sympathisers arrived in Glenrowan to see what was happening. Among them were Ned and Dan’s sisters Maggie, Kate and Grace who were all dressed as if for a great celebration. They were granted admittance to see Ned and briefly spoke with him. When Superintendent Sadlier asked Maggie if she would get Dan to surrender she proclaimed she would see him burn first. Also present were Wild Wright, Tom Lloyd and Dick Hart. The presence of such high profile sympathisers put the police on edge.

That afternoon a telegraph was set up by the telegraph operators from Beechworth using a portable receiver and transmitter that was connected to the wire that went past the train station. This enabled messages to be transmitted directly to Melbourne from the battlefield.

Burning the inn

After consulting with Sadlier, Senior-Constable Johnston gained permission to start a fire to smoke the remaining gang members out. Johnston gave the inn a wide berth as he gathered items to use to light a fire. While going about this duty he was stopped by armed Kelly sympathisers who interrogated him about what was happening. Luckily for Johnston, they did not suspect him of being a policeman. He gathered straw, kerosene and matches and as he approached the inn, the police intensified their firing to create a diversion. At 3:00pm Johnston set fire to the exterior wall of the parlour and ran for cover.

The inn, well ablaze, billows smoke as police watch from cover.

The fire spread quickly through the weatherboard building. Seeing this Kate Kelly attempted to run to the inn but was held back by police. Instead Father Gibney rushed inside in search of survivors. He entered the dining room and upon entering the bar saw Joe’s corpse. After establishing it was cold and stiff, he checked the other rooms. In the makeshift armoury he found Dan Kelly and Steve Hart lying dead on the floor with their heads propped up on sacking. Beside them was the greyhound, which had been shot. With the inferno spreading to the bar, the alcohol exacerbated the fire. Joe’s body was dragged out by police but the bedrooms were too aflame to risk retrieving the others. As the kitchen was explored Martin Cherry was found and rescued. Once he was dragged clear Gibney gave him the last rites, whereupon Cherry passed away.

With the exterior wall having Byrne’s away, the crowds gathered to see Dan and Steve burning within the bedroom. Thomas Carrington took the time to draw the scene as the crowd watched the gruesome spectacle.

Dan Kelly and Steve Hart in the burning inn

The fire was allowed to take its course and the burnt out shell collapsed around half an hour after the fire had started. As the wrecked lay smouldering the police began sifting through the rubble. The unrecognisable corpses of Dan Kelly and Steve Hart were dragged out with long poles and laid out on sheets of bark. One of the bodies was photographed.

The burnt bodies were taken to the train station where they were seen by Maggie Skillion and Kate Kelly, who wailed mournfully at the sight. Sadleir made the executive decision to allow the families of the outlaws to take possession of the bodies. He assumed that such a gesture would quell any rumblings of revenge against police. When Captain Standish arrived at 5:00pm he agreed that the families should have taken the bodies, though he would later try (unsuccessfully) to retrieve them for a coronial inquest.

Ned was loaded onto a train and, along with the bodies of Byrne and Cherry that were loaded onto the guard van as well taken to Benalla. Overnight the corpses were kept in the police lockup with Ned housed in a lockup under the Benalla courthouse. Thus ended the Glenrowan Siege.

Aftermath

The following day Joe Byrne’s corpse was strung up for photographs and gawkers. After his post mortem his results casts were made of his head and hands that were then used for a wax figure in the Bourke Street Waxworks. At the same time the corpse was being viewed Ned Kelly was surreptitiously taken to the train station and transported to Melbourne.

Joe Byrne’s corpse on display in Benalla

Ned was taken to Melbourne Gaol where he was put in the prison hospital in order to recover well enough to stand trial.

Souvenir hunters took no time in scouring the Bartley and picking it clean of bullets, bits of the inn, even dirt and leaves. Charred bits of Dan and Steve which had separated from the trunk were even salvaged. Nothing was sacred and everything was up for grabs. Some might say not much has changed.

When Ann Jones eventually returned, she build a hut around the parlour chimney to live in. Thereafter she faced many more difficulties. On the day of Ned Kelly’s execution she was arrested for harbouring outlaws, but beat the charge. Magistrates refused to issue her with a liquor licence, which meant she eventually opened a wine saloon in place of the inn. Jane Jones died two years after the siege. She had been in failing health ever since that weekend in 1880. The inn site was later leased to the police department in a strange turn of events.

Joe Byrne was buried in a pauper’s grave in Benalla cemetery, while Dan and Steve were buried in unmarked graves elsewhere. Officially they were buried in a twin plot in Greta cemetery, but oral tradition begs to differ, helping to fuel rumours that they never died at Glenrowan and it was all a hoax to allow them to escape.

The siege of Glenrowan has become an important part of Australian culture, taking on the significance of historic battles such as Gettysburg or Waterloo (even if the scale was hardly comparable.) It is often seen as an exciting tale of rebellion and defiance though the reality is far less fanciful. While some may speculate the different outcome that may have come about if the police train had been derailed as planned, perhaps it is more apt to consider the fact that the outlawry on the bushrangers was weeks away from expiring when they were destroyed. It is unlikely that the police would ever have allowed the gang to avoid meeting their demise at the end of a rope or a bullet, but it is curious to consider a world where the Kelly Gang managed to run out the clock, so to speak, and regain the rights and protections of the law. Speculation aside, there was no glory in what transpired at Glenrowan. It was a tragedy from beginning to end with no real winners. Civilians lost their lives or were permanently scarred and traumatised; three of the outlaws were killed; a considerable number of police were later demoted or sacked either directly or indirectly due to their conduct during the siege. The site where it all played out is marked by signs and plaques, but there are no monuments to memorialise the tragedy. Thus, with many myths and half-truths still accepted as facts, Glenrowan sits in the awkward place between history and folklore where imagination turns devastating tragedy into a rollicking good yarn. Such is life.

The site of the Glenrowan Inn as it currently appears.

The Siege of Glenrowan (Part 1)

Few events in bushranging history have the fame of the Glenrowan Siege. The incredible and spectacular close to the career of the Kelly Gang has been immortalised in print, song, film, painting and more. Over time the events have become obscured by retellings that embellish and dramatise them. Here, on the 140th anniversary of the siege, we will take a concise look at what ended one of the most renowned and dramatic chapters in Australian history.

The Glenrowan Plot

There is no definitive understanding of what the Glenrowan plot actually was. Most of what we know has been taken from the witnesses accounts of being told by the outlaws, and Ned Kelly’s own unreliable narratives in his interviews and the letters he wrote in gaol. Anything else is either unsubstantiated oral history or inference. All we know for certain is that Ned Kelly intended to derail a train full of police and trackers at Glenrowan, and an event on a Saturday night at the hut of Aaron Sherritt – a sympathiser who the gang had reason to believe had been assisting police – was to provide a lure for a special police train. No civilian trains ran on a Sunday, so the only vehicle that would be on the tracks that day would be one specially assigned to move police from Benalla to Beechworth. This is all that we know beyond dispute. There are many various elaborations on this information that historians and researchers have put forward to describe Ned Kelly’s plan:

1) The Republic of North East Victoria

One explanation that was championed by some notable Kelly historians was that Ned Kelly was attempting to kick-start a revolution and establish a republic. Once the train was derailed, the survivors would be killed excepting any notable survivors who would be bartered for Ned’s mother’s release from prison. The Kelly Gang, in armour, would be joined by a “phantom army” of heavily armed sympathisers that were waiting in the hills behind the Glenrowan Inn, summoned by skyrockets acting as a signal. The militia would then ride to Benalla, capture the town, and declare a republic. It must be noted that there is no official contemporary record to indicate this was the plan or even rumoured, and none of the documents that were supposed to have proved the legitimacy of the claim have surfaced.

The Last Outlaw portrays the motivation for the Glenrowan plot as a desire to establish a “Republic of North-Eastern Victoria”.

2) Mass Murder

The least imaginative explanation of Ned’s plot is that he had no plans beyond murdering as many people as he could. This supposition relies on a very skewed perspective. It derives from the simplistic view that Ned Kelly was a psychopathic terrorist that was only interested in killing people, specifically police. Given Kelly’s two previous well-planned outings in Euroa and Jerilderie, during which no blood was spilled, it seems unlikely for straight up massacre to have been his next move. Given the efforts he had previously gone to in order to prove he was not bloodthirsty, this is not a consistent mindset. To accept this explanation does not require a deeper look into the behaviour and psychology of Ned Kelly or his gang, relegating them to be cast as cartoon villains.

True History of the Kelly Gang portrays Glenrowan as a plot to wipe out as many police as possible.

3) Escalation of a war with police

By looking at what has been definitively established, contemporary rumours, and Ned Kelly’s own statements such as the Cameron and Jerilderie letters and the letters he dictated in gaol, we can see that Ned Kelly saw himself as being in some kind of war with police, referring to them as his “natural enemies”. In light of this, it could be supposed that Kelly intended to disable the police in order to remove the threat of capture. Such a large scale attack would in turn potentially make the government wary of continuing to pursue the outlaws. Taking out the bulk of the police force that were stationed in Benalla, the regional headquarters, would leave the Benalla police station unmanned, whereupon the gang and sympathisers would be able to take control of the station as a headquarters for themselves and take control of the town. Ned intimated on occasion that he desired to rob the bank in Benalla, and it was well known that since the Jerilderie raid the gang had been looking desperately for a suitable target for a robbery around Beechworth or Yackandandah in particular. Such a plan is more in line with what the gang did when they bailed up the town of Jerilderie, using the police barracks as a base of operations. It also demonstrates a more extreme thought process, whereby Ned was willing to take out huge numbers of police in order to ensure a greater chance of success and to intimidate his remaining opponents into backing down. If this was his aim, it has echoes of the kind of guerrilla warfare carried out by the IRA and implies a far more militaristic mindset than on the gang’s previous two outings. Ned established that he felt that he was right in striking first, even with lethal force, in order to protect himself. By 1880 the pursuit had likely taken a physical and mental toll on him and made him desperate. It is also worth noting that Mrs. Byrne had been bragging the gang we’re going to do something to make all of Australia’s ears tingle.

Ned Kelly portrays the Glenrowan plot as an escalation of a war between the Kelly Gang and the British Empire.

There is room to speculate what the intention was at Sherritt’s hut. Ned Kelly would later claim he had not ordered Sherritt’s murder; that it must have been a decision made by the others. This seems to marry up with Ned’s claim at the time he was trying to break the train line that many police had been shot in Beechworth and he was expecting a train full of police and trackers in response. It was known that Aaron Sherritt had police staying in his hut with him. Later, Ned would suggest that the police must have tortured Aaron to make him complicit. It stands to reason that if Ned was intent on taking out a train load of police that he would also be inclined to take out a party of police that he suspected were stationed with his friend against his will.

Regardless of the exact plan, Glenrowan was picked as the location and Ettie Hart was sent to scope out the area and gauge the sympathies of Ann Jones who owned one of the two pubs in town, the other being the McDonnell’s Railway Tavern, which was run by known sympathisers. As Glenrowan had no telegraph station of its own it would be unlikely that news of the train line being damaged there would be able to get out in time to warn the police. Ned knew there was a chance, however, that he might need to take prisoners to prevent someone raising the alarm, thus it suited his purpose to have access to Ann Jones’s inn.

The Armour

The gang each had a home-made suit of iron armour to protect them from bullets. It is unclear what the initial idea behind the armour was, but based on Joe Byrne’s later comments it was Ned Kelly’s idea alone. Ned would at one time indicate they were meant to protect the gang from guards when robbing banks, but the unprotected legs and arms may have gone against this idea.

The gang in armour from Ned Kelly.

Some have speculated that the design of the armour was devised with the intention that the wearers would be shooting downwards from an embankment, thus eliminating the need for leg protection. This very specific application seems unlikely if there was to be any further use of the armour after the derailment. It may simply have been the case that armour thick enough to be bulletproof would simply have been too heavy if it also covered the arms and legs.

Ned Kelly’s armour

The notion of the armour is mysterious as there has never been a definitive primary source found that explains the genesis of the idea. It is known that the gang’s hideout on Bullock Creek had an armoured door, so it seems likely that Ned Kelly was aware of the usefulness of a bulletproof protection as far back as mid-1878. There have been scores of suggestions as to where the idea for the armour originated from the novel Lorna Doone to a suit of Japanese armour in the Burke Museum in Beechworth.

Replicas of Joe Byrne’s and Steve Hart’s armour in the Ned Kelly Vault, Beechworth

The armour covered the head, chest, back, thighs, and in Ned’s case his upper arms as well (he probably also had a plate to protect his buttocks that has long disappeared, but is featured in contemporary illustrations.) Joe and Dan also had iron plates that joined the body armour together to encase the torso like a cuirass. The helmets offered limited scope of vision and we’re supposed to have had quilted lining sewn inside to pad them. The iron was taken mostly from ploughs, the mouldboards being an appropriate shape and size to use. It also appears that some sheet metal was likely also used in some instances such as Steve Hart’s backplate. Rumours persist that the armour was either made by sympathetic blacksmiths or the gang themselves using a partly submerged green log as an anvil that would dull the sound of hammering. The quality of the smithing indicates that a blacksmith was probably involved at some point.

Murder of Sherritt

On the evening of 26 June, 1880, Anton Wick was walking along the road to El Dorado as night fell. He knew the way well enough as he had lived there a long time. As he was walking, he was passed by two riders leading a packhorse who ignored him before doubling back. One of the riders asked Wick if he recognised him, to which Wick replied that he didn’t. The rider revealed himself to be Joe Byrne and flashed his pistol. Wick was handcuffed by Dan Kelly, the other rider, and walked back up the road to the Devil’s Elbow where Aaron Sherritt lived in an old miner’s hut with his wife. The bushrangers hitched their horses and walked up to the hut. Joe Byrne took Anton Wick to the back door and Dan Kelly guarded the front door in case anyone tried to escape.

Byrne ordered Wick to call out to the occupants. Inside were Aaron Sherritt, his wife Belle as well as his mother-in-law and four policemen, who were in the bedroom preparing for the evening’s watch party at the Byrne selection. When Wick called for assistance it was Belle who asked who it was. “It’s Anton Wick; I’ve lost myself,” was the reply. Ellen Barry told Aaron to tell the old German where to go. Aaron opened the back door and said “Do you see that sapling?” before noticing movement by the chimney. Aaron asked, “Who’s there?” Suddenly Byrne pushed Wick aside and unloaded a barrel from his shotgun into Sherritt’s torso, followed by a second blast that tore Sherritt’s throat apart. Sherritt staggered back and hit the dirt floor without any utterance. Joe coldly stated “That’s the man I want.” He would also say, “The bastard will never put me away again.” As Belle wailed over her husband’s body, Dan Kelly was brought inside. For two hours the bushrangers attempted to flush the police out of the bedroom but the officers cowered inside, even trapping Belle under the bed, pinning her against the wall with their feet until she passed out and did the same with her mother. At one point Dan Kelly attempted to set fire to the house but the wood was too wet to catch and there was no available kerosene. Dan and Joe freed Wick and left at about 9:00pm. Inside, constables Duross, Dowling, Alexander and Armstrong remained, too petrified to see if the bushrangers had gone until after sunrise the following day. They were convinced the gang had surrounded the hut to trap them. It was unclear what the packhorse the bushrangers had with them was carrying. There is some reason to believe it was their armour, which they never wore during the affair.

This contemporary illustration shows a view of the outside of Sherritt’s hut and a floorplan.

Meanwhile in Glenrowan

Ned Kelly and Steve Hart arrived in Glenrowan around the same time Dan and Joe left El Dorado. They put their horses in the paddock of McDonnell’s tavern and took tools to try and take up the railway track. They went a short distance down the line to where the track curved on an embankment and attempted to break it. In the event that a train did not stop before hitting a broken line at this spot it would have resulted in catastrophe, but they had the wrong tools and were unsuccessful in their sabotage. Already things were not going to plan, but Ned Kelly was resourceful.

Realising that they were out of their depth, the bushrangers went to a row of tents pitched between the train station and Ann Jones’ inn. Thinking these were railway workers, they awoke them one by one with the intention of making them damage the tracks for them. Ned interrupted the foreman Alfonso Piazzi attending to “country matters” and a scuffle ensued. Piazzi pulled a gun on Ned but the bushranger knocked it aside with his carbine causing it to go off. Fortunately nobody was injured, but soon all the men, and the woman Piazzi had in his tent, were rounded up and ordered to break the line. It was then explained to the outlaws that they were not able to do as asked as they were not railway workers, they were labourers who had been working with the gravel along the line and knew nothing about the tracks. Ned was then informed that he would need the stationmaster. He proceeded to take the men with him to the gatehouse where John Stanistreet, the stationmaster, resided.

The labourers’ tents with the Glenrowan Inn visible behind.

Stanistreet and Jones

John Stanistreet and his wife were roused by knocking at the door, which was not uncommon as they had frequently been pestered by people travelling late at night requesting that the railway gates be opened so they could pass through (a substantial amount of whom were Kelly sympathisers.) However, before the door could be answered, Ned Kelly burst in and held the couple at gunpoint, demanding Stanistreet come with him. When Ned ordered Stanistreet to instruct the gravel collectors on how to disassemble the track, Stanistreet informed him that he had no understanding of how to do that himself and that it was the plate-layers that would know what to do. Ned’s patience was wearing incredibly thin and he took Stanistreet with him to the Glenrowan Inn which was not much more than a few metres away. Steve Hart was left to guard the labourers.

Ann Jones and her daughter Jane, who were sharing a bed, were woken up by Ned knocking at the door. When Ann answered, John Stanistreet and Ned Kelly were there waiting. Ned ordered Ann to accompany him to the gatehouse but before they left Ned watched Ann and Jane get dressed to make sure there was no funny business. He then took the keys and locked the door to the bedroom where Ann’s sons were sleeping. Ann and Jane were taken to the gatehouse and added to the growing number of prisoners. Ned left Steve in charge while he went to look for the plate-layers.

Bailing up the plate-layers

Ned walked down the line and bailed up a plate-layer named Sullivan, then as he was crossing the tracks they met James Reardon. Reardon had been roused by his dog barking and asked what Sullivan was doing out at such an hour, whereupon he was told that Ned Kelly had bailed him up. Ned appeared and pushed the muzzle of his pistol into Reardon’s cheek and demanded to know who he was. When Reardon confirmed he was a plate-layer, Ned stated that there had been a conflict near Beechworth and many police were killed. He explained that he was expecting a train full of police to come in response and that the plate-layers would help him dismantle the track to wreck the train. They were marched back to the gatehouse.

When Ned returned, the gravel collectors and Stanistreet were waiting with Steve Hart. Reardon announced that his tools were at home. Ned sent Steve to get the men to fetch tools from the shed while he went back with Reardon. After much hassle a length of the rail was displaced. The half hour job had taken two hours. With this, the group retired to the gatehouse for refreshments.

The sabotaged track.

At around 5:00am, Joe Byrne and Dan Kelly arrived in Glenrowan, left their horses at McDonnell’s and went to the gatehouse to meet Ned. It is unclear if they expressed any details to him about what had transpired in El Dorado the previous night.

At breakfast time, Ann Jones suggested sending Jane across to stoke the fires and begin preparing meals. She also suggested Ned could have a wash up there. Ned sent Joe Byrne across to the inn with Jane to keep an eye on her. The fires were stoked and Jane checked on her brothers. Soon the male prisoners were brought across to the inn and the women and children were left at the gatehouse under Steve’s watch, excepting the Joneses who remained at the inn to serve the food and drinks.

The police in Aaron’s hut

When the police felt safe to leave the bedroom it was already morning. They asked Ellen Barry for a drink. She told them that there was water on the table. Belle tossed the water out saying it may have been poisoned and was then told by the men to go outside and fetch water. The first attempt by the police to get help failed when the local schoolteacher they asked told them his wife wouldn’t let him go. The next attempt was when a Chinese man was stopped and paid to take a note to Beechworth police station. The Chinese man soon returned saying he couldn’t take the note as it was too far. He kept the money.

Stuck for options, the police asked Aaron’s neighbour to send word but although the neighbour said he would do it when he made a trip into town the police did not trust him to follow through. Frustrated, Constable Armstrong commandeered a horse and rode to Beechworth. It was midday when he arrived to tell Detective Ward the news. Once the information reached Ward he sent telegrams to inform his colleagues.

More prisoners

As Sunday rolled on the gang continued to add to the number of prisoners. The longer the wait, the more difficult it was proving to be to stop people from noticing what the gang was up to. Male captives in the Glenrowan Inn occupied themselves with card games such as cribbage and bought drinks. Ann Jones would comment to Ned Kelly that she would be glad if he came every weekend given how much business he had drummed up for her. Steve Hart continued to guard the women and children in the gatehouse but grew increasingly laissez-faire, drinking heavily and even napping on a sofa with two revolvers resting on his chest. Mrs. Stanistreet would note that despite how much he had to drink, he managed to retain an admirable level of sobriety and self control. At one point Dan Kelly burst into the gatehouse in search of a bag. It was unclear why he was so desperate to find it.

Berating Delaney

Around mid-morning, three boys, the Delaney brothers, went out with the intention of going kangaroo hunting with their greyhound. They went looking for Michael Reardon to accompany them. Unable to find anyone at the Reardon house they continued to walk down the line. As they reached the crossing they were bailed up by Ned Kelly, who was riding Joe’s grey mare. He escorted them back to the gatehouse but when he recognised 15 year-old Jack Delaney as a youth that had helped police some months earlier, he became apoplectic. Kelly ranted and abused the boy, accusing him of trying to sell him out to the police. Delaney was trembling so violently with fear that he shattered a clay pipe he was borrowing. Ned went so far as to thrust a pistol into Delaney’s hand, suggesting he shoot him right there if he was so keen on helping the police. Within moments, Joe Byrne emerged from the gatehouse and intervened, telling Ned to go away and cool off. Such an incredible outburst showed how the stress of his plan falling apart, combined with alcohol consumption and a lack of sleep, was causing him to act irrationally.

As the drama with the Delaney boys was unfolding, Thomas Curnow was driving his buggy, accompanied by his wife and baby, his sister and his brother-in-law. As they reached the railway crossing, they were flagged down by Stanistreet who warned them Ned Kelly had bailed everyone up. A moment later, Kelly appeared and confirmed this. He sent the women into the gatehouse and Curnow parked his buggy at the I before he and his brother-in-law joined the other male prisoners inside.

The Glenrowan Games

In the afternoon, the outlaws became aware of the growing restlessness of their prisoners. Ned initiated a series of sporting games, even participating in hop-step-jump while holding a revolver in each hand. After the sports, Dan Kelly suggested a dance and the bar was cleared out to allow space for the activity. Dave Mortimer played concertina and Dan asked Thomas Curnow to join him. Curnow insisted he needed to fetch his dancing shoes and asked to go home and fetch them. Ned considered the request until he was informed that in order to get to Curnow’s house it required passing the police station. Ned immediately refused the request and Curnow begrudgingly accepted this outcome. He had spent the preceding hours gathering information about Ned’s plan and was determined to stop the police train from derailing. His first attempt may have failed, but he continued to scheme.

Telegrams

Superintendent Hare received word that there was a telegram waiting for him at 2:30pm. He immediately went to the Benalla Telegraph Office where he was informed by a telegram from Captain Standish of Sherritt’s murder. A request was sent to Captain Standish to arrange for Sub-Inspector O’Connor and his native police, who were about to return home to Queensland, to come back to Beechworth for a fresh pursuit. Hare was joined by Superintendent Sadleir and they began to formulate a plan to pursue the outlaws from El Dorado as soon as possible.

Sunday afternoon

After buttering Ned up, Curnow received consent to visit his pregnant wife at the gatehouse. Here he attempted to curry favour with Steve Hart by helping him remove his boots and soaking his sore feet in warm water. He later informed Ned that Stanistreet kept a loaded revolver in his office, which Ned ordered Steve to confiscate. Curnow hoped that this would bring Ned to trust him, then once trust was established he would be able to seek permission to leave.

Special train organised

It wasn’t until the evening that Standish was able to arrange for O’Connor and his trackers to return to active duty for the Victorian police. He then organised a special train to leave Spencer Street that night, consisting of a locomotive, guard van and first class carriage. Just as Ned had asserted, this was not to be a civilian train but a conveyance specifically to get O’Connor and his team to Benalla and then the entire police search party to Beechworth from there.

Spencer Street railway station in 1880

Once O’Connor confirmed his involvement, it was agreed that he and his trackers (Hero, Jacky, Barney, Johnny, and Jimmy) would board the special train at Essendon station that night. His wife and sister-in-law decided they would accompany him to Beechworth and packed for a holiday up north.

Another dance

Late in the evening another dance was held, with Dave Mortimer calling the sets and playing concertina. Those who weren’t dancing were mostly indoors playing cards or drinking. At this time Jane Jones was observed sitting on Dan Kelly’s knee and kissing him. Ned spent considerable time outside talking with Ann Jones who seemed to be going out of her way to accommodate him. As the dancing died down, Ann Jones was also seen flirting with Joe Byrne, attempting to pull Scanlan’s ring off his finger while he played with her hair. Johnny Jones sang for the crowd, performing “Cailin deas cruitha na mo” (The Pretty Girl Milking a Cow) and then performing “Farewell to Greta” for Ned Kelly with the promise of a sixpence from his mother if he did so.

Thomas Carrington’s depiction of the dance. Ned Kelly has his coat draped over his shoulders with his arms folded and wears his quilted skull cap.

Bailing up Bracken

At 9pm Ned and Joe put on their armour and gathered a group of prisoners to escort them to the police barracks, where they could capture Constable Bracken. Curnow convinced Ned to take Dave Mortimer to lure Bracken out, while also gaining permission to take his family home from the barracks. Bracken was the only policeman in the town, having been stationed there to keep an eye on Kelly sympathisers for Superintendent Hare. At the barracks the group roused Bracken, who had been in bed with gastro. Ned bailed him up, but as Ned was dressed in his full armour Bracken thought it was a prank. He was made to mount up but Joe kept a close eye on him to ensure he didn’t escape.

With Bracken captured, Ned allowed Curnow to leave, warning him not to dream too loud. When the Curnows arrived home, Thomas informed them of his plan to stop the train before it reached Glenrowan. His wife feared that if the bushrangers discovered he had stopped the train they would murder the whole family.

Thomas Curnow

Word sent to journalists

As the special train was being prepared, journalists from multiple publications were requested to ride to Beechworth in the train so they could report first-hand on the work the police were doing to catch the Kelly Gang. The police had been regularly criticised in the press for their apparent ineptitude for catching bushrangers since the Euroa raid in December 1878, and the government seemed keen to get good press for their officers of the law as a fresh lead had presented itself. John McWhirter, Joe Melvin, Thomas Carrington and George Allen were all sent to join the train, which left Melbourne at 10pm. Apart from rumours of a murder, there was no indication for the reporters of what was unfolding in Kelly Country, but they were soon to find themselves in a journalist’s dream and recording history unfolding right before their very eyes.

Continued in part two…

Dan Kelly: An Overview

Forever consigned to popular culture as Ned Kelly’s little brother, Dan Kelly was a young man of only nineteen when he lost his life fighting the police. Like so many “boy bushrangers” his young life was snuffed out without him having ever fulfilled his potential, wasting his youth on a life of crime. But there was more to Dan Kelly than just having Ned Kelly as his big brother.

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Studio portrait of Dan Kelly

Daniel Kelly was born on 1 June, 1861 to John “Red” Kelly and Ellen Quinn. He was named after one of his father’s brothers and christened in the church in Beveridge, Victoria, where the family were living in a house John had built. Before Dan was born, there had been Mary Jane (died in infancy), Annie, Ned, Maggie and Jim. Dan would be followed by Kate and Grace. Dan’s infancy years were quiet for the family. John turned his hand to a number of occupations but was primarily employed doing odd jobs around the district and splitting timber. Financial strain, however, soon saw John attempting to distill his own whiskey. Unfortunately he took to drinking most of the produce himself. The difficulty saw the family relocate to Avenel, but here their problems would not only continue, they would worsen.

[Source: The Illustrated Australian News, 17/07/1880]

John spent six months in gaol in 1866 for stealing and butchering a calf. This meant that for half a year Ellen was reliant on her brothers for help around the place. The Quinn brothers were not model citizens by the furthest stretch, Jimmy Quinn being the worst of the lot. Jimmy was too fond of liquor, quick to violence and did not discriminate when choosing a target. No doubt Dan’s exposure to this would have negatively shaped his young mind. When John was released from gaol he was a broken man. Dan was barely five years old when his father died of dropsy, an old term for oedema (build-up of fluid in the soft tissues), likely linked to his alcoholism. He was buried in Avenel. The family soon found themselves frequently homeless, moving from Avenel to an abandoned pub in Greta. Here the Kellys co-habited with Ellen’s sisters, both of whose husbands were in prison at the time, and their children while they attempted to make ends meet.

The new home in Greta was short-lived. One night John Kelly’s brother James had arrived at the house drunk and his sexual advances were rebuffed by Ellen. He returned later that same night and burned the place to the ground. The children inside were asleep but the sisters remained awake, fearful of retribution. After another binge at the local pub, James threw incendiary devices at the house until a fire took hold, but thankfully there were no fatalities. The families were now homeless again and devoid of earthly possessions such as clothes and furniture. When James was tried he was sentenced to death by Sir Redmond Barry. This was later commuted to a long prison sentence by the executive council. The Greta community got together and helped the victims get back on their feet. Ellen soon gained a lease on a selection on the 11 Mile Creek. Things were starting to look up.

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This portable lock-up was formerly used in Greta and likely was the one that held young Jim and Dan Kelly before they were transferred to Wangaratta.

With his big brother Ned, only twelve himself when Red died, acting as man of the house, Dan and his brother Jim often ran wild. By 1870 things had changed dramatically for the family. Ellen had her selection but the land was not fit for crops. The family had to rely on the money they made from lodgers and travellers looking for a drink. Fifteen year-old Ned worked for a time as Harry Power‘s offsider, and then found himself in and out of gaol, eventually copping three years for receiving a stolen horse. Jim was now the man of the house in Ned’s absence. Jim was not a good candidate, however, and would coax Dan into mischief; their first arrest occurring when Dan was only ten years old.

In September 1871, Jim and Dan had borrowed horses without permission from a hawker named Mark Krafft. Krafft had been grazing his horses at the Kelly selection, as he had frequently done, and the boys had taken them for a joyride. Jim had previously been working as Krafft’s servant to get some extra money, the pudgy child being less physical than his big brother and thus less suited to splitting work. Constable Ernest Flood, newly stationed in Greta, nabbed them on a charge of illegally using a horse and took the children to Wangaratta to be kept in the logs until trial. When they went to court two days later the case was quickly dismissed on account of Jim’s and Dan’s ages (12 and 10 respectively) and the fact that Jim had been a servant of Krafft for a time. One can only imagine the impact that the experience of being taken away from their family and locked up in a cell with a bunch of strange, grown men waiting for trial for two days would have been on the children. It would eventuate that Flood was nothing but bad news for the family, allegedly stealing their horses and selling them to railway workers and sexually assaulting Dan’s big sister Annie and making her pregnant, though the truth of this is debatable owing to there being no solid evidence to back the claims.

Jim, only fourteen, ended up in gaol in 1873 with two sentences of 2 1/2 years to be served consecutively for helping shift stolen cattle. With Red gone and Ned and Jim in gaol, Ellen was on the lookout for a new man to help around the house and to protect her from her brothers or anyone else that might come sniffing around with bad intentions. She took the bold move of selling grog on the sly to travellers and seemed to think she had found her man in Bill Frost, an itinerant worker who had lodged with the family. Frost engaged in a sexual relationship with Ellen, from which she became pregnant with a daughter. Frost was apparently not keen to be a father and skipped town. Ellen, not one to be passive, tracked him down and took him to court for maintenance. After a long and bitter dispute she won but the infant died before the first maintenance payment came through. One can only imagine how this would have impacted young Dan, who had to assume the role of man of the house.

It wasn’t all gloomy for Dan though. According to some accounts, while his big brothers were doing time, Dan was lavished with affection from his sisters. Some considered this made him spoiled, but at any rate he managed to keep his nose clean during this period. It was at this time that Ellen took in George King, a 25 year-old American-born traveller, miner and stock thief. It was a remarkably short courtship as they were married in 1874, just after Ned came home from Pentridge. Within a month Ellen gave birth again. No doubt Dan, now thirteen, was relieved not to have the responsibility of being the male head of the household anymore. Between Ned and George the role was well taken care of.

Dan’s main hobbies at this time were much the same as the majority of young men in the country – riding and hunting. Dan would latch onto groups of boys who were out kangaroo hunting and took much pride in his marksmanship. He also took much joy in racing his peers on horseback. A brilliant description of Dan came from Joseph Ashmead, a friend of the Kelly family, in an unpublished memoir:

He was riding a smart black pony, and proudly told us it was a galloper and could clear any fence in the north east. The boy was alert and active with piercing black eyes that took in everything at a glance. He wore strapped trousers, a red shirt and straw hat tilted forward, secured by a strap under his nose. The back of his head was broad and covered with close cropped hair as black and shiny as a crow; his jaw was heavy, his lips thin, and when closed tightly, there seemed to be something cruel in them, but when they relaxed into a smile, he appeared to be a jovial, good-natured fellow. His name was Dan Kelly and he was a great lover of horses. I was the only one of the boys who had a horse. A bay pony. She had belonged to a clergyman and was an honest goer. Dan ran his eye over my over my horse and proposed that we should have a race, a challenge that I gladly accepted. When Dan found that he could not shake me off, he developed a great respect for me, and declared there was not a kangaroo in all the country who could get away from us, so we went kangaroo hunting, not once but many times. I left my cows to look after themselves, or bribed some of the boys to look after them for me, with the promises of some sinews out of the kangaroo’s tail to make whip crackers with.

No doubt Dan’s hunting provided much needed meat for the family, or at least was able to be sold to raise money for other goods. Seemingly Dan left home at the first opportunity to seek work. By some reports he travelled into New South Wales to work on sheep stations around the Monaro region as a shearer. He was also reported to have worked in Chesney Vale with Ned as a brick layer, but was not very good at it. It is likely that this is when Dan took up possession of an abandoned miner’s hut by Bullock Creek in the Wombat Ranges and began prospecting for gold. Sluices were later constructed along the creek and this would have provided a bit of pocket money. No doubt the seasonal nature of most of these jobs left Dan with a considerable amount of free time in between and he soon found himself adopting the larrikin culture of the day.

[Source: Melbourne Punch, 30/10/1873]

The fast riding, clownishly attired, skirt chasing lifestyle of the larrikin had become a widespread issue throughout the colonies. Gangs of youths in porkpie or billycock hats worn on jaunty angles, short Paget coats and jackets, bell-bottom trousers, colourful sashes and pointy high-heeled boots would loiter in public areas making a nuisance of themselves. Dan became a founding member of the “Greta Mob”, who populated the streets around Greta and Wangaratta. Apart from Dan, the mob consisted mostly of his cousins Tom and Jack Lloyd and a young Wangaratta jockey named Steve Hart, with the rotating roster of associates typical of these forms of social group. Their primary interests were fast horses, smoking, booze and chatting up girls. The boys were known to ride full gallop through the streets and challenge each other to various horse tricks. Steve Hart, for instance, could get his horse to vault over the railway gates, much to the chagrin of the gatekeeper. The Greta Mob adopted as their signature the larrikin badges of high-heeled boots, cocked billycock hats with the hatstring worn under the nose (to stop the hat flying off when riding at full gallop) and brightly coloured sashes worn around the waist. The style was clownish but that’s not unusual for teenage boys of any era. Unfortunately, Dan was still living in hand-me-downs and cut an odd figure in his threadbare, oversized, outdated outfits. The only verified photographic images we have of Dan illustrate this clearly. He wears a rumpled hat, a baggy sack coat with missing buttons and fraying cuffs as well as baggy trousers held up with a piece of rope. He was known to grow his hair long and seems to have cultivated a moustache at some point. But what Dan lacked in creole couture he made up for in his riding and his drinking. It has been written that Dan had many sweethearts but whenever they were unavailable for a night of frivolity he would employ the services of working girls, though it is incredibly unlikely that a fifteen year-old boy would have the presence of mind or the funds to engage in that lifestyle, regardless of the usual rampant libido they enjoyed.

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One of the few times Dan graced the courts was in relation to a supposedly stolen saddle. In March 1877 he was charged with stealing the saddle in question in Benalla and was tried during the Beechworth general sessions before Judge Hackett. It had taken five months to lay charges against the teenager. The saddle in question was one that Dan had purchased from a man named Roberts in exchange for a different saddle and £1, and he produced a receipt to prove it, which was verified in court. Along with Jack Lloyd and his brother-in-law Bill Skillion, Ned Kelly was present during the hearing as a witness to back up his little brother. In the end the case was dismissed and Dan walked away with a sense of vindication. Judge Hackett stated that he “did not see why the prisoner was there at all” as his case was clear-cut. During this case Dan displayed a trait that distinguished him from his older brothers – he provided no resistance to arrest and complied happily with the police. This could be interpreted by some as overconfidence in his ability to dodge a conviction, but more likely Dan understood that resisting arrest was a fool’s game and further that he was innocent of the crime of which he was accused (which a trial would – and did – prove). This would not be the last time he displayed a conspicuous willingness to comply.

While he had been waiting to appear in court over the saddle charge, Dan met two boys from the Woolshed Valley named Joe Byrne and Aaron Sherritt. They were also waiting to appear in court that day over a charge of assault against a Chinaman named Ah On. It would eventuate that the pair would not get their day in court that same day, remanded to be tried in the next session. What exactly transpired between the young men in that cell can only be guessed at, but this would prove to be a fateful friendship.

Dan’s first and only conviction came from an incident at Goodman’s store, Winton, on September 28, 1877. Dan had travelled into town to exchange meat for goods. When he arrived the establishment wasn’t open and therefore no trade took place. Annoyed, Dan went drinking with his cousins Tom and Jack then returned with them to Goodman’s store, drunk. Dan smashed in the door and took the goods he sought. A man going by the name Moses Solomon was also there and claimed he was assaulted by the rowdy larrikins. Tom Lloyd lingered and flashed Mrs. Goodman, the other two pushing Tom into her with the lights out. Dan was found guilty of wilfully damaging the property and sentenced to three months in Beechworth Gaol. Tom Lloyd was additionally charged with intent to rape but was found not guilty, yet still got six months for his part. Dan did his time in Beechworth Gaol without incident. Almost miraculously for a Kelly boy he managed to get through his sentence without incurring any additional penalties. Three months crushing granite would have given Dan bigger muscles, but also greater resolve to walk the straight and narrow once he was out. Unfortunately fate had a different plan for him.

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Tom Lloyd, Dan’s cousin [Source: Victoria Police Museum, VPM3061]

While Dan was still in prison a warrant was issued for his arrest. A witness saw two young men they believed to be Dan Kelly and Jack Lloyd leading a mob of stolen horses near Chiltern. They reported it to the police and the paperwork was duly issued. This was noted by Constable Alexander Fitzpatrick after reading the announcement in the Police Gazette. On April 15, 1878, Fitzpatrick was sent from Benalla to take over at Greta police station. Fitzpatrick informed his superior, Sergeant Whelan, that he knew of a warrant for Dan Kelly and intended on arresting him on his way to the station. Fitzpatrick went alone to the Kelly property and what occurred has been subject to much scrutiny and debate. The general thrust is that Fitzpatrick enquired after Dan but found he was away. The constable then asked a neighbour, Brickey Williamson, about Dan’s whereabouts before electing to return to the Kelly house and wait. He was greeted by Dan who offered to go quietly on the provision that he could finish his dinner first. After this, a scuffle broke out and Fitzpatrick was wounded in the wrist. The policeman claimed Ned Kelly had shot him, Ned Kelly claimed he wasn’t even there. Each witness account conflicted with the others in some way. Regardless, Dan and Ned immediately fled to the Wombat Ranges. Ellen Kelly, Brickey Williamson and Dan’s brother-in-law Bill Skillion were arrested and charged with aiding attempted murder.

Constable Fitzpatrick [Source: Victoria Police Museum, VPM2580]

For six months Dan and Ned hid in the ranges. A second, fortified, hut was built further up the creek from Dan’s place using thick logs, and both huts were equipped with whiskey stills. The intention was to raise money for Ellen Kelly’s defence by selling gold and bootleg whiskey. Unfortunately it was not enough and Ellen got three years, the men each received six years.

After the trial police parties were organised to bring the Kelly brothers to justice. Warrants had been issued for their arrest. There was £100 on each of their heads; Ned for attempted murder, Dan for aiding and abetting. A party was sent from Mansfield to find the Kellys in the Wombat Ranges. The party consisted of Sergeant Michael Kennedy and constables Michael Scanlan, Thomas McIntyre and Thomas Lonigan. When Ned found the police party’s tracks he sent Dan to find their camp, which he duly did. The next day the brothers, roused by McIntyre firing a shotgun while hunting parrots, went to the police camp with Joe Byrne and Steve Hart. They hid in the spear-grass and intended on ambushing the camp to take the police guns and horses. When the bushrangers emerged they held McIntyre at gunpoint. When Lonigan ran to cover and moved to fire at the arrivals, Ned shot him. There was a moment of disbelief as Lonigan struggled on the ground. Dan remarked “He was a plucky fellow. Did you see how he went for his gun?” He then seized the police shotgun and searched the tent. When Lonigan’s identity was revealed, Dan exclaimed that “He won’t be putting any of us poor buggers away again.”

[Source: State Library of Victoria]

McIntyre took a particular dislike to Dan, describing his nervous laughter and his “grotesque” appearance in his oversized hand-me-down clothes. McIntyre fully believed that Dan would be the one to put a bullet in him.

Dan insisted McIntyre be handcuffed but Ned refused, believing a fear of being shot was incentive enough for the trooper to obey his orders. This did not sit well with Dan who grumbled that the police would just as soon clap cuffs on them.

When Kennedy and Scanlan returned from scouting McIntyre tried to persuade them to surrender but a gunfight broke out. Scanlan was shot, McIntyre escaped on Kennedy’s horse and Kennedy fired at the Kellys with his pistol. A bullet from Kennedy hit Dan’s shoulder as the sergeant retreated into the bush after McIntyre. Kennedy was soon killed by Ned a considerable distance from the camp. The gang looted the bodies and Dan took Scanlan’s pocket watch. The salvageable items were collected and the tent burnt as the gang escaped.

Source: Weekly Times. 16 November 1878: 17

As a result of the incident at Stringybark Creek, Ned and Dan were outlawed with a reward of £500 each. At this stage Joe and Steve were unidentified.

In December 1878 the gang re-emerged near Violet Town. They stuck up Younghusband’s Station on Faithfuls Creek in the afternoon and began herding the staff into a shed. They kept the staff as prisoners in the tool shed overnight and stole new outfits from a hawker’s wagon. That night the gang chatted with their captives, answering questions but with Ned doing most of the talking. Dan and Steve were overheard talking about how they’d like a lark with the female prisoners. In the morning the nearby telegraph poles were damaged by Ned, Joe and Steve. In the afternoon Ned, Dan and Steve headed into Euroa to rob the bank, leaving Joe on sentry at the station. The timing was meticulously arranged to coincide with a funeral that would keep the townsfolk occupied during the gang’s activities. Dan acted as a guard, standing at the rear of the bank, making sure that nobody escaped or interrupted while Ned and Steve robbed the place. Once the loot had been acquired the bushrangers headed back to the station with the bank staff and the manager’s family and servants. On the way Dan rode in the stolen hawker’s wagon and kept his gun trained on Mrs. Scott, the bank manager’s wife, who was driving a buggy alongside, in case she tried to escape or raise an alarm. The raid went off without a hitch and the gang escaped with thousands of pounds to distribute among their families and sympathisers. Before they left, Dan gave Constable Scanlan’s watch to Becroft, the hawker’s assistant, and money with which to repair it. It is unclear what the nature of the damage was.

[Source: Melbourne Punch, 19/12/1878]

In February 1879 the gang struck again at Jerilderie. They travelled over the border to answer a challenge that they wouldn’t last 24 hours in New South Wales. The gang roused the police in the middle of the night and locked them in their own cells. Mrs. Devine, the wife of the senior constable, recalled how as the gang occupied their home during their stay Dan would bounce her son on his knee but later spoke in quite a violent manner in order to make her work faster as she decorated the courthouse for mass. The gang then went through town disguised in police uniforms pretending to be reinforcements against the Kelly Gang. On the Monday Dan and Joe had their horses shod at the blacksmith and investigated the telegraph lines before the gang put their plan into full effect. Ned, Steve and Joe robbed the bank while Dan kept prisoners under control next door in the hotel. The gang had successfully managed to occupy the town for a whole weekend unmolested and rode away with thousands of pounds in unmarked notes that could not be traced. In response, the New South Wales government doubled the reward for the gang to £8000.

Dan Kelly (John Ley) helps Mrs. Devine (Anne Pendlebury) prepare the courthouse for mass in ‘The Last Outlaw’ (1980)

Upon leaving New South Wales, the gang split up to reconvene at the Byrne selection at a set date and time. Only Dan arrived on time. He stayed for dinner and questioned the Byrnes about whether the other gang members had been past. Dan seems to have had a good relationship with the Byrnes, frequently stopping by in much the same manner for a meal and a chat. Dan also seemed to be the most active gang member, being reported as having been spotted more than any other member of the Kelly Gang. It is also probable that he partook in Joe’s favourite past-time of visiting the Sebastopol opium dens for a smoke and card games.

Over the course of 1879 and early 1880, Dan and Joe Byrne tested the loyalty of the Sherritts and various other sympathisers that were suspected of turning on the gang. On 14 May, 1880, Dan paid a visit to his uncle Tom Lloyd. Lloyd’s neighbour, a police informant named Jacob Wilson, saw horses in Lloyd’s garden and began snooping. He was found behind the cow shed by the dogs and the barking roused everyone in the house. Uncle Tom sent the dog to chase the man down and he climbed up a cherry tree. Dan Kelly and cousin Tom Lloyd, who were unarmed, fetched the dog and yelled taunts to the police they assumed were nearby, before going back inside. Wilson was so terrified he stayed in the tree until morning. Incidents like this were increasingly common and the gang began to stop visiting certain people in case they were spotted.

24-A-Sherritt

More concerning to the gang however was the rumour that had been circulating that the Sherritts were in cahoots with the police, fuelled by the vicious game of “Chinese Whispers” that accounted for the gang’s bush telegraph. On one occasion Dan arrived at the Sherritt selection on Sheepstation Creek looking for Jack Sherritt, Aaron’s younger brother. When he was told Jack wasn’t home he pushed his way inside with a revolver drawn and searched for him. Dan said they wanted to speak with him. Unbeknownst to Dan, Jack was at that moment speeding away to speak to Assistant Commissioner Nicolson in a desperate attempt to seek protection. Nicolson told him to go to a local pub and use that as his alibi. It was clear to everyone that the gang was getting desperate and had cottoned on that something was up and Ned was determined to address it in his next big scheme.

In early 1880 a plan had been devised by Ned Kelly to escalate the gang’s activities. The banks were too heavily guarded to rob as they had done previously, so now they were struggling to find ways to keep their network of sympathisers on-side. The gang’s health was also deteriorating as the rigours of life on the run was wearing them down. Ned suffered sciatica and sandy blight, Joe struggled with withdrawals as his opium supply was cut off due to lack of funds, and Dan was described by one witness as looking gaunt and hollow-cheeked. Police parties were coming closer than before to catching the gang and even had the assistance of an elite team of black trackers from Queensland on top of a network of police spies and informants. Ned wanted to end the pursuit in dramatic fashion by luring a trainload of police and trackers to be derailed at Glenrowan. He sent Dan and Joe to create a commotion at Aaron Sherritt’s hut, where a team of constables had been allocated to protect him, as the bait. On Saturday 26 June, Dan and Joe kidnapped Aaron’s neighbour Anton Wick and used him to lure Aaron to his back door whereupon he was murdered by Joe with a shotgun. Dan guarded the front door in case the police that were hiding inside tried to escape. The two bushrangers then terrorised the party of constables as they cowered in the bedroom, Aaron’s mother-in-law and pregnant wife stuck between the two sides. Attempts to burn the place failed and the outlaws rode away two hours later. It would be midday the next day before any of the police were brave enough to see if they had gone. Initially Ellen Barry, the mother-in-law, stated that Dan had been quiet when entering the hut with a pistol. It was only later when attempts were being made to gain a payout from the police that she would describe him resting on the table as he looked at the murdered Sherritt with a grin.

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Aaron Sherritt’s Hut

Dan and Joe arrived at Glenrowan at around 5am on 27 June, 1880. Dan was immediately employed with tending the horses and carrying the gang’s armour into the Glenrowan Inn. Over the course of the day Dan guarded the prisoners in the inn and even initiated dancing to keep them entertained. He was seen to get intimate with Jane Jones, the publican’s daughter, she having been spotted sitting on his knee and kissing him, even being given one of his revolvers to use while she kept the prisoners at bay when Dan had to leave the room. As the weekend rolled on and the special train did not appear as expected, tensions began to rise. Multiple times during the gang’s stay at Glenrowan, Dan told Ned they should leave and argued the point only to be shouted down by his brother who was determined that they would stay and fight. The longer they waited the more difficult it became to keep the prisoners under control and the more they risked accidentally derailing a civilian train. Ned refused to heed his brother’s pleas. When Ned decided to release Thomas Curnow, the school teacher, Dan argued publicly with him as he knew Curnow could not be trusted. Curnow had spent the day trying to butter Ned up, a suspicious Dan watching like a hawk. Sure enough, when the train did appear in the early hours of 28 June, Curnow warned the police that the tracks were damaged and the gang was in Glenrowan. Just before the train arrived, Dan had told the prisoners to head home, however they were detained by Ann Jones who told them to wait for Ned to make a speech. If Dan’s instructions had not been countermanded a considerable amount of the tragedy that was to unfold could have been avoided.

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Dan Kelly’s armour [Source: Victoria Police Museum, VPM1799]

When the train arrived the gang dressed in their homemade armour and engaged in a gun battle. Ned and Joe were wounded early on and they retreated inside. Ned soon disappeared into the bush behind the inn and Dan took control of the situation, doing his best to evacuate the women and children despite the relentless firing from police. Joe was shot dead by a police bullet early in the morning and Dan and Steve became very disheartened, believing Ned had also been killed or had abandoned them. When Ned re-emerged just before 7am the remaining gang provided covering fire from the inn, but within a half hour Ned was captured and the two bushrangers were stuck in the inn surrounded by police in broad daylight. Dan had received a bullet in the leg that shattered his knee and necessitated a retreat into the inn. At 10am the rest of the prisoners were released and Dan and Steve remained inside. As the prisoners left they shook Dan’s hand.

What happened in the inn next is unknown but it is possible that Dan was struck in the neck by a bullet while his helmet was off and killed or that he took his own life by taking poison. All that is known for certain is that at 3pm the inn was burned and while it was on fire his corpse was witnessed by multiple people, in the back room still in body armour and resting on a pillow made of sacks. The body was effectively cremated in the fire and the burnt remains released to his family. Later, Dr. Hutchison, a medic who had been called up to assist during the siege, retrieved what was believed to be Dan’s foot from the ruins and the scorched bones were handed down through the family.

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The bodies of Dan Kelly and Steve Hart in the Glenrowan inferno, sketched by Thomas Carrington.

Around 200 people attended the wake at Maggie Skillion‘s home, many of whom were drunk and armed. Police efforts to reclaim the bodies were scrapped in response, the risks being too high. Though there are a number of (probably deliberately) conflicting oral histories with respect to the location of the last resting place of the two outlaws, most accounts indicate Dan Kelly was buried in an unmarked double grave in Greta cemetery with Steve Hart. The location within the cemetery of the exact double grave they were interred in is a closely guarded secret in family traditions in an effort to avoid the graves being disturbed. Unfortunately, this has added fuel to the fire of conspiracy theories and in one infamous case a particularly motivated “truther” went through the cemetery plunging steel probes into grave sites hoping to prove that there were no coffins in them. When Ellen Kelly died the 1923, she was buried in an unmarked plot next to the official spot where Red Kelly’s youngest son is buried.

Somewhat grotesque depiction of the wake for Dan and Steve. Maggie Skillion stands at the door with a shotgun while an oath of vengeance is sworn over the charred corpses. Kate Kelly rests on her knees in the foreground. It was not reported who had sworn the oath in most accounts. [Source: Australasian Sketcher, 17/07/1880]

In the years after Glenrowan there were rumours that Dan and Steve had escaped to South Africa to fight in the Boer War. In 1911, novellist Ambrose Pratt, author behind the memoirs of Captain Thunderbolt’s apprentice William Monckton, published a book claiming to be the memoirs of Dan Kelly. In fact, many people claimed to be Dan Kelly over the years, most notably a tramp called James Ryan whose ridiculous attempt to cash in on the survival rumours were published in the press and convinced scores of people who lacked knowledge of basic facts of the story. Ryan’s story even inspired the utterly woeful film The Glenrowan Affair. Ryan was killed by a coal train in the 1933 and is buried in Ipswich, Queensland. In order to lure tourists, the cemetery even erected a memorial telling the story of the claimant. None of the alleged Dans ever had any solid case to back their claims up but the myths of a miraculous escape from the burning inn persist to this day.

Dan Kelly was, in most ways, at least as competent as his big brother. As a horseman, tracker and marksman, his abilities were perhaps even better. Certainly he was more ruthless than Ned, a pragmatism that some interpreted as callousness or even psychopathy. It must be remembered that the gang were wanted dead or alive (preferably dead) and mistakes could not be afforded. Dan was a much better judge of character than Ned and certainly better at performing under pressure. Even the Kelly matriarch was known to have held Dan in more regard than Ned in these measures.
Unlike his brothers, Dan was fairly successful at avoiding trouble. In fact, it is probably telling that the worst trouble in Dan’s life seemed to come from following Ned’s and Jim’s lead. Imagine how different the story would have turned out if Dan had been able to accompany Fitzpatrick as intended, before Ned and Ellen had attacked the policeman. A stint in the logs, a quick trial during which the mistaken identity could be proven and Dan could have gone home as a free man. Sadly, as in all things, life never pans out the way we think it should.

Francis Augustus Hare

Forever remembered as the Kelly Hunter, Francis Augustus Hare was an intriguing man with a biography full of excitement and misadventure. From a privileged upbringing in South Africa to good fortune on the Victorian gold fields and a thrilling career as a frontier policeman, Hare is a man often maligned for his seeming ineptitude when hunting for some of the most remarkable bushrangers that Australia has produced.

Hare was born in Wynberg in the Cape of Good Hope on 4 October, 1830. One of seventeen children of Captain Joseph Hare of the 21st Light Dragoons and his second wife Sally, Francis received a good education due to his father’s good social standing. Joseph Hare passed away in 1856 after many years as a professional wine taster and warehouse-keeper at customs, as well as the owner of a farm named Oude Wynberg where Francis farmed sheep for a time with his brothers. However, the life of a grazier was not one that held any kind of allure for Frank Hare and when news reached him of the remarkable quantities of gold that had been found in Australia, he knew where he wanted to be.

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Map of South Africa c.1880s. Wynberg is located within Cape Town in the south west. [Source]

On 10 April 1852 Hare arrived in Melbourne. After a jaunt in Sydney with a mate who had escaped from Norfolk Island, the 22 year old South African headed straight to the Goldfields in Bendigo where he staked a claim and later, on his claim on Springs Creek, he managed to dig up £800 worth of gold in one day. During his prospecting days he managed to avoid being nabbed for not having a mining licence, a serious offence in the days before the Eureka Stockade. Unfortunately, Hare’s constitution failed him and he fell deathly ill. Such problems would regularly plague him, but this illness was such that he ended up giving up mining in an effort to get to Sydney for treatment. At one point on his journey he found himself on a dray under a gum tree being watched by crows who he feared would peck out his eyes. Hare’s fear of death and carrion birds gave him the resolve to survive and recuperate. He soon got work with the gold escort, becoming a mounted lieutenant on 1 June 1854 and was assigned to escort the gold delivery from Beechworth to Buckland. The track upon which the escort travelled was notoriously difficult to traverse, the escort regularly having to swim across floodwaters and rivers and on one occasion a mule bearing 2000 ounces of gold broke away from the escort and bolted up a mountain pass and was shot to enable the escort to retrieve the gold as it would have been too treacherous to retrieve the mule as well. It was during this time that Hare had his first encounter with bushrangers.

At Dr. Mackay’s station on the Ovens River in 1855, the bushranger Meakin stuck up the station in search of £700 in cash Dr. Mackay had been paid the day before for horses. There were a number of people in the house that evening, the doctor’s wife bedridden and in precarious health, two women including the doctor’s niece and none other that Francis Augustus Hare, at that time a lieutenant stationed at Wangaratta. At 2am Hare was roused from his makeshift bed on a sofa by the two visiting women rapping on the French windows. They informed him there was a strange man on the deck with a gun and a large knife. Hare told the women to return to bed but they refused to leave his quarters until they were convinced he knew the seriousness of their observation. Five minutes after sending the women to bed the dogs began barking and Hare saw Meakin bolting across the courtyard for the fence. Hare called on him to stop to no avail and pursued him on foot. The chase was farcical, the hunter and the prey tripping up repeatedly as they headed for the garden fence, at one point Meakin becoming entangled in the vines in the garden. Hare took a shortcut to head Meakin off whereupon he tackled the bushranger into a mullock heap comprised mostly of rose bush cuttings. He grasped Meakin’s colt revolver in his right hand and with his left repeatedly pounded Meakin between the eyes. Of the event Hare would later recall:

The struggle was for life, and notwithstanding it was on the top of a heap of rubbish, principally rose cuttings, men never fought harder.

After wrestling for five or six minutes, Dr. Mackay finally arrived to discover the hullabaloo and Meakin surrendered. One can only imagine the sight of a 6’3″ tall South African dressed in nothing but trousers and a ripped shirt pinning a bushranger on top of a pile of rose clippings. Meakin was taken to the kitchen but made a run for it when Hare left the room to get dressed. Once more Hare was bounding after the criminal and brought him again to the ground, this time threatening to dash his brains out with a rock if he tried anything. Mackay bound Meakin with saddle straps and a constable was brought from Beechworth the next morning. Meakin was tried for burglary, having committed numerous similar offences. He was kept guarded by Hare at Wangaratta, the police station little more than a slab hut with earth floor. Despite having irons riveted to his legs, Meakin attempted again to escape custody. During the night he had fooled the sentry by getting right underneath his blankets and digging the earth floor of his cell and piling the dirt underneath the blanket to give the impression he was still asleep. Unfortunately for him the process took longer than he had anticipated and he was caught in the act the next morning. After he was transferred to Benalla he escaped through the roof of his cell, still in his irons, and was never seen again. It was not a complete loss for Hare, however, as Dr. Mackay gifted him a handsome gold watch as a token of his esteem for Hare’s astounding feat of daring. Hare would carry it with him until the day he died. Inscribed on the watch was:

Presented to Lieutenant Francis Hare for his gallant capture of an armed bushranger at Tarrawingee, the 23rd of June, 1855.

1855 also saw Hare attempt to bring justice to another bushranger known as “Billy the Puntman”. When the Ovens river had no bridges, the only way to cross was by punt. Billy, whose real name was John Hyde, was the puntman on the Ovens as well as a known stock thief. When a bridge was finally built, Billy was out of a job and turned to bushranging. On one occasion he robbed a mailman just outside of Greta, then known as 15 Mile Creek, but not far behind was a coach bound for Melbourne carrying Lieutenant Hare. When they found the mailman distraught on the side of the road and learned of his plight, Hare took one of the coach horses and rode off bareback after Billy the Puntman. Alas he soon lost the tracks and had to be satisfied with providing the information to the police at Benalla.

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On 28 July 1857, Hare married 37 year old Janet Wright Harper, the eldest daughter of Colonel Kenneth Snodgrass at Raymond Terrance in New South Wales. Harper had been married in 1844 to George Mitchell Harper who had died the previous year. In the years that followed, Hare moved between stations in the roughest areas such as Back Creek, Chinaman’s Flat, and White Hills, near Maryborough. This was almost like the Wild West where murder was scarily frequent (almost weekly) and the frontier lifestyle was one fraught with danger and excitement, Hare even having to attempt placate a lynch mob who tried to break a murderer out of his cell to summarily hang him resulting in a riot. In a strange sequence of events, that murderer – a man named Brooks – died that afternoon of wounds received from his victim. The coroner severed the head as a memento and during the inquest, which was held in a theatre, the disembodied head rolled downstage and landed in front of the assemblage. The head, stripped of flesh stayed in that coroner’s possession for many years until his widow gave it to Hare who kept it as a keepsake in his den. Yet, as grisly as that place was, Hare’s tenure there also had its share of absurd moments. Hare would recall fondly the cases he was privy to in those days such as that of the drunk coroner forgetting to put a heart back into a body after an autopsy and the organ being pinched by an enterprising feline, or the coroner who got the sack for misidentifying ham bones from a fire as human remains only for the real human victim to be located dead of suffocation from the fire in a tunnel underneath the burned shop a few days after the funeral. Fortunately for Hare his time in the region was relatively safe apart from once when he had a narrow escape from being shot at Back Creek by one of his own troopers. At this time Hare was routinely referred to by some officers as ‘kaffir’, a racist term used by white South Africans in reference to black people.

Hare gradually climbed the ranks of the Victoria police, soon reaching the rank of superintendent. His conduct had brought him friends within the force, none so conspicuous as Captain Frederick Charles Standish, the chief commissioner of police. It was Standish who sent Hare to north east Victoria in 1870 to help lead the hunt for the notorious Harry Power, the infamous highwayman bushranger who had been committing his depredations unhindered. Hare was not used to operating in this region in such a capacity but his ego refused to allow him to fail. While he worked closely with Superintendent Nicolson on the chase, the two would often clash due to their dramatically different approaches. Hare was a very hands-on policeman, whereas Nicolson, who had been a detective for decades, tended towards establishing a sophisticated net of spies and traitors to entrap his prey. Both superintendents were present at Power’s capture, though Hare would later suggest his own role in the event was far greater than what had been reported. Hare and Nicolson had worked closely with a magistrate named McBean to convince a man named Jack Lloyd, a sympathiser of Power’s, to assist in his capture for the £500 reward – the largest yet offered in Victoria for a bushranger at that time. Lloyd led the police to a mountain near Whitfield and after making initial contact with Power to prove his presence, abandoned the police to avoid being suspected as the informant. The journey through the bush was treacherous, torrential rain hampering the police in their quest. Nicolson and Hare were accompanied by Sergeant Montford and a tracker named Donald who was able to point out the location of Power’s camp on an outcrop overlooking the King Valley. Power was asleep in his gunyah when Nicolson pounced on him, grabbing his wrists. Hare and Montford dragged the indignant bushranger out by his feet. After Power was restrained, the police ate his rations as they hadn’t eaten for two days. The exposure took its toll on Hare’s health. Nonetheless, Hare was lauded as a hero and this led to him gaining a reputation as a force to be reckoned with.

It was business as usual until after that. Hare was a keen sportsman, taking much joy in hunting for kangaroo and fowl, often going for trips hunting ducks along the Murray river. Nine years after his famous encounter with Power he was appointed by Captain Standish as the head of the hunt for the Kelly Gang, which was to be the defining period of his life. Hare took over from Superintendent Nicolson on 2 June 1879 after public perception of Nicolson had soured after the failure to apprehend the Kelly Gang, the outlaws even managing to rob a bank in Euroa during Nicolson’s watch. Hare was equipped with an indomitable spirit and was determined to bring the bushrangers to heel.

Hare’s hands-on approach led to a dramatic change in the way the police conducted their hunt. Bush work was the main focus of the operation and Hare would take parties of men out with black trackers to search the forested haunts of the gang. Hare took to leading search parties through the Warby Ranges in pursuit of the gang, believing them to be hidden in that region rather than around the Woolshed Valley or Strathbogie Ranges. Captain Standish had headed up from Melbourne to keep an eye on proceedings and such was his obsession for Hare that he would wait at the gate of the Benalla police station fretting like a hound awaiting its owner until Hare returned safely. Hare would later express great frustration in the fact that the gang’s network of sympathisers constantly hampered his attempts to ensnare the outlaws. This combined with the police inexperience in such rugged and mountainous terrain proven to be an almost insurmountable obstacle. Hare also instituted a bold plan formulated by Superintendent Nicolson back in Melbourne to cut off support for the gang. Officers arrested anyone suspected of being a sympathiser and had them remanded indefinitely until a charge could be laid. The downside of the plan was that it required Hare to travel to Beechworth every week to apply for a further seven days remand because no evidence could be produced to formulate charges for the prisoners. The plan proved impractical with the key sympathisers, the sisters of the outlaws specifically, still supplying them with information and sustenance, and the prisoners were soon released but not before stoking sympathy among the masses. This calculated move to try and eradicate support for the outlaws seemed to reinforce a resentment of the authorities instead. It was at this time also that the police would, through their agents, start to receive frequent reports that the outlaws or their sympathisers were intending on blowing up a police train. Additionally, pressure was put on the police to investigate every reported sighting regardless of how unlikely leading to Hare allocating officers to go in pursuit of dead ends or else be forced to deal with complaints that the reports were not being taken seriously. Hare, like Nicolson before him, began to rely ever more heavily on spies and informants to get an upper hand. The most prominent of Hare’s informants was Aaron Sherritt, a young man from the Woolshed Valley who was the childhood companion of gang member Joe Byrne and a bush telegraph for the gang.

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Aaron Sherritt, dressed in the larrikin style of the Greta Mob.

Aaron would supply Hare and Detective Michael Ward with information in exchange for money, which would soon become his primary income. While Sherritt’s motivations and sympathies have been debated ad nauseum, Hare believed that Sherritt was honest in his support for the police effort, aided by the fact that Sherritt’s father had been a constable in Ireland (Sherritt’s brothers would later seek employment in the police force with their father writing a letter to Hare for his support in getting them jobs). Sherritt’s information often resulted in no successes for the police, though Hare continued to rely on him. It was Sherritt who informed Hare that the gang were planning a bank raid in New South Wales, stating he had been asked by the gang to accompany them to Goulburn. However the information proved incorrect and at the time the police were preparing to strike at Goulburn they stuck up the township of Jerilderie instead. On Sherritt’s guidance Hare established watch parties at the Byrne homestead to ensnare the outlaws on their return trip from Jerilderie. The stake-out proved a farce but Hare trusted Aaron enough that in the coming months he would establish a permanent watch party to observe the Byrne farm, fed all the while by information from Aaron that he had obtained from his fiancée, Kate Byrne, Joe’s sister. During this time Aaron and Hare became very close, Aaron letting Hare in on the trade secrets from his time with the Greta Mob when he would help Ned and Joe steal and sell horses. Hare had given him the nickname ‘Tommy’ to make his involvement with the police less conspicuous and had developed a keen admiration for Sherritt’s hardiness. Hare’s search parties were bolstered in March 1879 by the arrival of Sub-Inspector Stanhope O’Connor and his Queensland black trackers. Hare was so astounded by the abilities of one tracker in particular, named Moses, that he arranged for him to be transferred into the service of the Victoria Police, much to O’Connor’s chagrin.

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Hare poses with his favourite tracker Moses.

Aaron’s insistence on keeping a police watch party (known as the ‘cave party’) watching the Byrne homestead would prove to be the larrikin’s undoing. Aaron would visit Kate Byrne and while he was there her mother would express a concern that there were police about the place. Aaron’s efforts to allay her fears were completely dashed when Mrs. Byrne found the police camp and Aaron along with the police stationed there after noticing a sardine tin glinting in the sun. Her recognition of Hare’s star informant made Aaron go deathly pale and break out in a cold sweat. When Hare asked what the matter was, Sherritt’s reply was nothing if not prophetic:

“Now I am a dead man.”

Mrs. Byrne subsequently broke off his engagement to Kate Byrne and in retaliation he stole a horse he had gifted to his fiancée and gave it to Maggie Skillion, Ned Kelly’s sister. At the time this arose Hare was greatly frustrated with the lack of progress and his health had begun to fail him, further exacerbated by badly injuring his back after jumping his horse over a fence, so he was removed from the hunt in July 1879 to recuperate, Nicolson being reinstated. Nicolson had pulled strings to get Aaron off the charge of horse stealing but the damage was done and eyes were now firmly on Sherritt from all quarters.

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Upon Hare’s return to the campaign on 1 June 1880 he insisted that the trackers be sent back to Queensland, stating that their presence was too intimidating for the gang to be inclined to present themselves. Meanwhile, Hare had arranged for police to be stationed at key areas where they could keep an eye on the activity of the families of the outlaws. In addition, measures were put into place to protect Sherritt. A party of police were to remain with him at all times in the hut on his new selection at the Devil’s Elbow. Alas, word quickly shot through the bush telegraph and reached the gang that Aaron was working with the police and had constables living with him and his new wife Belle. Dan Kelly and Joe Byrne would begin a campaign of testing to see if Aaron was still loyal to the gang but in the end Sherritt’s fate was sealed.

On 26 June, 1880, Aaron Sherritt was murdered by Joe Byrne in his home. News of the murder was delayed in reaching the police until the following day. Hare was notified of the event at the hotel he was staying in and proceeded to attempt communication with Captain Standish in Melbourne. After much back and forth a special train was organised to leave Spencer Street train station. The train would collect O’Connor and the black trackers from Essendon and then Hare and his police party from Benalla before going express to Beechworth for a rendezvous with Detective Ward to pick up the trail of the Kelly Gang before it was too late. There was no inkling that the police were playing right into a trap set up by the Kelly Gang at Glenrowan who were finally making good on the threats to destroy a police train. When the train arrived at Benalla it had been badly damaged by a closed railway gate. Fortunately a second engine was ready to go as a contingency if the train from Spencer Street hadn’t arrived so the locomotives were swapped over and the damaged engine was to go ahead as a pilot. Hare proposed that the civilian volunteer Rawlins be tied to the front of the pilot engine with ropes and equipped with a lantern and rifle so he could spot danger. It was promptly pointed out that Rawlins would be killed by such action and the idea was dropped. The train, carrying Hare, 5 police officers, Rawlins, O’Connor and his black trackers, O’Connor’s wife and sister-in-law, a team of journalists, the police armoury and horses, headed out from Benalla not long after midnight on 28 June. Just outside of Glenrowan the train was stopped by Thomas Curnow, the local school teacher, who explained that the Kelly Gang had damaged the tracks. Hare climbed out of the window of his carriage to see what was up and instructed the pilot engine to guide them into the station. When they arrived in Glenrowan, Hare, accompanied by Rawlins and Senior Constable Kelly visited the Stanistreet house where a distressed Mrs. Stanistreet explained that the gang had taken her husband. By the time they returned to the station Constable Bracken had escaped from Ann Jones’ inn and informed Hare that the gang was there. Hare led a charge to Jones’ inn and in the opening exchange of fire between the police and the Kelly Gang Hare was shot in the left wrist, shattering the bones and severing an artery. He managed to fire another shot while perched on a tree stump before retreating to the train station where Thomas Carrington, a press artist, dressed the wound with a handkerchief from the ladies that had accompanied them. After a failed return to the battlefield Hare retired from the siege. No doubt Hare was disappointed in not being able to capture the Kellys himself, but he was more concerned with recovering from his injury. Recuperating in Rupertswood Mansion in Sunbury, an initial assessment was that he was to lose his hand. Fortunately for Hare he was able to recover without amputation. He later gifted the Clarkes, who had helped him recuperate in Rupertswood, Joe Byrne’s armour and Ned Kelly’s colt revolving carbine.

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Hare gives evidence at the 1881 Royal Commission.

After the execution of Ned Kelly there was still work to be done. A Kelly Reward Board was formed in late 1880 to assess claims for the £8000 reward for the gang. Of this Hare received £800. The following year a Royal Commission was held to investigate the conduct of police during the Kelly outbreak. The findings of the commission did not reflect favourably on many of the senior officers with a great many being demoted or recommended to be removed from active duty. One of those recommended to be removed from active duty immediately was Superintendent Hare, who was still suffering from the effects of his injury at Glenrowan. In his later years Hare worked as a police magistrate while living at Janet Terrace in Hotham street, St Kilda. In 1892 Hare’s health rapidly deteriorated. Diabetes saw him bedridden once more and he underwent surgery at T.N. Fitzgerald’s private hospital before being transferred to Rupertswood Mansion where he collapsed, slipped into a coma and died the following day, 10 July. He was survived by his wife Janet, but left no heirs of his own. Janet would pass away herself in 1896, collapsing after a shopping trip in East Melbourne. Hare’s body was interred at the Melbourne General Cemetery.

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Selected Sources:

Hare, Francis Augustus. The Last of the Bushrangers: an Account of the Capture of the Kelly Gang. 3d. ed. London: Hurst and Blackett ltd., 1894. [Link]

“OBITUARY.” The Australasian (Melbourne, Vic. : 1864 – 1946) 16 July 1892: 43.

http://oa.anu.edu.au/obituary/hare-francis-augustus-frank-13570

“DEATH OF MR. HARE, P.M.” The Bendigo Independent. 12 July 1892: 3.

Superintendent Hare and the Kelly pursuit

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Having successfully liberated the bank in Euroa of its wealth, the Kelly Gang went into hiding. The pursuit for the bushrangers was intensified and soon Superintendent Nicolson (who had been in charge of the hunt since the tragedy at Stringybark Creek) was replaced by Captain Standish. Standish felt that the perfect replacement for the cranky Scotchman was the man who helped Nicolson nab Harry Power in 1870, Superintendent Francis Augustus Hare. Hare was a towering, 6’3″ South African with extremely limited experience of bush work, almost no knowledge of the country the gang were hiding in and an ego big enough to convince him that these factors were irrelevant. Hare hand picked his troopers and held them in high regard for their temerity and their restraint in the face of grueling and unrelenting weather and terrain. Hare was also devout in his belief in the superior tracking abilities of the Aboriginals and had a Victorian tracker attached to his party named Moses who Hare adored then later another named Spider. Believing that he had the best task force the police could offer, Hare headed into the wild. The team would soon encounter significant obstacles in their pursuit. Hare went into detail in his memoirs about how difficult it was to find the gang:

There were peculiar difficulties connected with this undertaking… Firstly these men were natives of the district… They knew every inch of the ground, bushes and mountains; they had hiding places and retreats known to few, if any, but themselves, and they were acquainted with every track and bypath. Secondly, the sparseness of population. These men might disappear into the bush, and with their knowledge of the locality, ride hundreds of miles without coming near a dwelling-house, or meeting a human being…

Certainly this was a considerable setback for investigation. Kelly Country is an incredible patchwork of geography made up of softly undulating hills punctuated with heavily forested mountains in the Strathbogie and Warby Ranges in particular where the police knew the gang were reputed to be hiding. Ned Kelly would later brag about his ability to track the police without being noticed, even getting close enough to read and memorise the brands on their horses. When recounting details such as how many troops tended the horses or brewed the tea it was noted to be eerily accurate according to Hare. Ned of course used this to emphasise that he was no cold blooded cop killer because he could have picked off the police without setting a hair out of place if he had desired to. Yet, it was not only the geography that the troopers were struggling against.

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Superintendent Hare towers over his party. Among the men in the image are Conststables Thomas Lawless, Alfred Falkiner, Joe Mayes, John Milne, Tom Kirkham, William Canny and Daniel Barry. Moses the tracker is crouched at Hare’s feet. [Source]

Perhaps the most significant obstacles came from the people. Many reports that were made to the police about gang sightings were either misinformed or stale by the time police could reach the area.

And lastly – what aided them more than anything else – they commanded an enormous amount of sympathy among the lower orders. It was a well-known fact that they had friends and adherents either open or semi-veiled, all over the colony. The families of the Kellys, Harts and Byrnes were large ones… The Kelly family are the most prolific I have ever met in my life. There was no part of the colony from which we did not receive reports of them; in every part the Kellys had a cousin, an aunt, or something… And outside their family the sympathy they obtained was almost as great, though it was more of a meretricious order… If they had not a relation they had a sympathiser who was always talking in their favour and picking up the news… The gang was lavish with its money. They subsidised largely, instituted a body of spies known as ‘Bush telegraphs’ who kept them fully informed and aided them on every possible occasion to avoid capture. Apart from the money consideration the gang never behaved badly to a woman, but always treated them with consideration and respect. In like manner they seldom, if ever, made a victim of a poor man. And thus weaved a certain halo of romance and rough chivalry around themselves…

One could be forgiven for assuming from the way Hare spoke of the syndicate of sympathisers that he viewed the gang with a sort of admiration. Certainly Ned Kelly had learned some very important lessons from his time with Harry Power about the value of maintaining sympathy via the distribution of the proceeds of crime. Of course, robbing banks proved a short-lived solution as the raid on the banks at Euroa and Jerilderie prompted the government to supply banks with armed guards. This resulted in the gang disappearing for the majority of 1879 while they devised a plan. During this time the police made moves of dubious moral substance, first arresting anyone they suspected of being a sympathiser and holding them in indefinite remand until they could find something to pin on them, second there was a rumoured blacklist that prohibited members of the Kelly, Hart and Byrne clans to buy property in the district (this included relatives such as the Lloyds). This attack on the relatives and associates of the gang, in conjunction with the £8000 reward for their capture dead or alive (£4000 each from Victoria and New South Wales) meant that the gang were becoming desperate. Ned seems to have interpreted these as acts of war of a sort and began devising a plot to escalate things to a level that would truly reflect a war between the outlaws and their supporters and the forces of the law.

Having observed Superintendent Nicolson’s success with hiring spies and informants, Hare had set about recruiting his own spies. Most significant of these was Aaron Sherritt, who Hare considered the best chance they had of nabbing the gang. Sherritt kept the police at arm’s length from the gang at all times until things began to heat up and Dan Kelly and Joe Byrne began to put pressure on him and his brother Jack. Byrne would summon the brothers to meetings in the bush but wouldn’t always be there, or when he did would look very unwell. Meanwhile Dan was prone to calling on Jack Sherritt at home, on one occasion raiding the house with a pistol in his hand. This made Sherritt understandably edgy and constables were stationed at his place around the clock to protect him. Hare had taken a particular shine to Sherritt, as had Detective Ward, and the two lavished their star informant with gifts of silverware and clothing. As well-intentioned as the constables were, they would prove to be more of a liability than insurance.

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Aaron Sherritt posing in a jacket and boots gifted to him by Hare.

Hare’s attempt at active duty in the field resulted in poor health and he was replaced briefly by Nicolson but was quickly re-instated on the orders of the Chief Secretary Robert Ramsay who gave Hare Carte Blanche to tackle the pursuit however he wished. When Hare resumed work as leader of the hunt on 1 June, 1880, he took dramatic measures, arranging police to watch the domiciles of the Byrnes, Harts and Kellys (posting Constable Hugh Bracken as the lone policeman at Glenrowan to facilitate ease of spying on the Kellys in nearby Greta) then seeking to have the Queensland trackers sent home as he believed their intimidating presence was stopping the gang from emerging. When the gang re-emerged in late June 1880, Sherritt was the first domino in Ned Kelly’s master plan to land a decisive blow against the police and launch a war against the authorities. Hare had been trying to tackle seemingly deliberate inefficiency in his subordinates, namely the constables stationed with Sherritt, as their shirking of their duty was at risk of allowing the outlaws to go about unperturbed. It was in the midst of this attempt to force his constables to shape up that Joe Byrne and Dan Kelly murdered Sherritt and then threatened the other occupants of the hut – Sherritt’s wife and mother-in-law as well as the four assigned constables. This was to lure a train full of police to Beechworth to investigate while the trail was hot, only to be derailed at Glenrowan. The exact nature of Ned’s plan here was subject of much speculation, though based on comments he made to people over the course of the weekend they held Glenrowan captive, we do know he planned to destroy the train and kill all the police and black trackers on board, though his later claims contradicted this. Unfortunately Joe and Dan did such a good job of terrorising the police and then their sympathisers, clearly not understanding the plan, did such a good job of intimidating messengers that news of Sherritt’s death was unable to leave the hut until daybreak. Hare and Superintendent Sadleir would subsequently spend most of the day in the telegraph office in Benalla trying to reach Captain Standish in Melbourne in order to establish a course of action.

When things eventually fell into place for Hare, he and a party of police as well as Sub-Inspector O’Connor and his Queensland trackers headed for Beechworth via a special train. The hunt for the gang was shortly to be brought to a violent end when the police besieged Ann Jones’ Glenrowan Inn. In the fray Hare’s left wrist was shattered by a bullet from Ned Kelly – a wound that almost resulted in an amputation – and his absence from the field left a power vacuum until Sadleir arrived with reinforcements later in the morning.

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Hare’s last act as head of the hunt for the gang was to lead the charge against them at Glenrowan.

Hare’s recovery was prolonged but he was healthy enough to visit Ned Kelly in the hospital of Melbourne Gaol and remain active in the aftermath of the Glenrowan siege. He gifted Joe Byrne’s armour and Ned Kelly’s Colt revolving carbine to the family who looked after him as a way of thanking them. Hare would be brought into the 1881 Royal Commission as a champion of law and order but come out the other side with his tail between his legs and a recommendation from the commission that he be redeployed away from active service. He spent the rest of his career as a police magistrate, during which time he compiled his memoirs before succumbing to diabetes in 1892.


Selected Source:

Hare, Francis Augustus. The last of the bushrangers; an account of the capture of the Kelly gang. 3d. ed. London, Hurst and Blackett ltd., 1894.