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 Kelly Gang: An Overview

Few figures in history reach the notoriety and cultural impact of the Kelly Gang. As so much is easily available on the subject already, here is an easily digestible summary of the so-called Kelly Outbreak. For more detailed information, there is a swathe of articles available on A Guide to Australian Bushranging that examine elements of the history in more depth.

A contemporary postcard said to depict members of the Kelly Gang while on the run

The story of the Kelly Gang begins on 15 April, 1878. Constable Alexander Fitzpatrick was sent by Sergeant Whelan at Benalla to take charge of the police station at Greta. Greta was well-known to police in the district as members of the Kelly, Quinn and Lloyd families (all related) had selections there. These families were under particularly strict scrutiny by the police due to their recidivism and suspected involvement in crimes such as stock theft. In fact, Constable Fitzpatrick had heard there was a warrant out for the arrest of Dan Kelly, the seventeen year-old son of the notorious Ellen Kelly, for his suspected involvement in horse stealing. He made it known to Whelan that he intended to arrest Dan en route to Greta police station. Despite popular understanding, Fitzpatrick was not required by law to carry a copy of a warrant with him.

Constable Fitzpatrick [Source: Victoria Police Museum]

When Fitzpatrick arrived at the Kelly selection, Dan was not at home so he spoke with Ellen Kelly (who was nursing a newborn), then rode to their neighbour, William “Brickey” Williamson, and questioned him about whether he had a permit for the logs he was splitting. He lingered until dusk and returned to the Kelly selection in case Dan had returned rather than riding to Greta to take charge of the station as ordered. Dan Kelly answered the door and Fitzpatrick made his intentions known. Dan agreed to go quietly with Fitzpatrick on condition that he could finish his dinner first as he had been riding all day. He denied having stolen any horses and it would later be revealed that he had been in gaol when the animals in question were stolen, corroborating his assertions. What happened next is not known for sure due to conflicting evidence. What seems to have been the case, according to popular understanding, is that Fitzpatrick possibly made an unwanted sexual advance on fifteen year-old Kate Kelly and a fight broke out. Fitzpatrick claimed that Ellen Kelly hit him in the head with a coal shovel and Ned Kelly entered the house and shot him in the wrist, accompanied by Brickey Williamson and Ellen Kelly’s son-in-law Bill Skillion who were both brandishing revolvers. Ned Kelly would claim he was never there and Ellen would indicate that Fitzpatrick was drunk and had fought with Ned and Dan. Another version of the story states that Fitzpatrick injured his arm on a door latch and claimed it was a bullet wound, cutting himself to make it look like he had removed a bullet. Regardless, Fitzpatrick returned to Benalla and lodged a report. The following day Ellen Kelly, Brickey Williamson and Bill Skillion were arrested and charged with aiding an attempted murder. Ned and Dan Kelly had gone into hiding at Dan Kelly’s hut in the bush, and a £100 reward was posted for the capture of Ned Kelly for attempted murder.

Ellen Kelly

While the brothers were hiding in the Wombat Ranges Ellen Kelly, Brickey Williamson and Bill Skillion were sentenced. Ellen Kelly received three years hard labour, the two men were given six years each. Days later a search party was sent from Mansfield to find the Kelly brothers. Word soon reached the bushrangers that they were being hunted and they tracked the police as they ventured into the bush from Mansfield on 25 October, 1878. Despite the fact they had constructed a fortified hut with huge logs for walls and an armoured door made of sheet metal to protect them in an ambush, they remained on edge. The Mansfield police party consisted of Sergeant Michael Kennedy and Constables Thomas McIntyre, Michael Scanlan (of Mooroopna) and Thomas Lonigan (of Violet Town). They set up camp on the banks of Stringybark Creek, less than a mile from Dan Kelly’s hut. The following day Kennedy and Scanlan headed off to scout for the brothers, leaving McIntyre and Lonigan to tend the camp. McIntyre shot some parrots with a shotgun Kennedy had left him for the task of hunting something for supper. He returned to camp and began cooking bread. Unknown to them, the sound of McIntyre shooting had been heard and Ned Kelly decided to bail up the police. He and Dan were joined by Joe Byrne, a young man from the Woolshed Valley who had recently been involved in stock theft with Ned, and Steve Hart, a jockey from Wangaratta. Ned claimed his intention was to rob the police of their food and weapons.

[Source: State Library of Victoria]

In the afternoon of 26 October, 1878, the Kelly Gang emerged from the bush and ordered McIntyre and Lonigan to bail up. McIntyre did as instructed but Lonigan ran and was shot by Ned with a quartered bullet. A piece of shrapnel pierced Lonigan’s eye and entered his brain, killing him. Ned insisted that Lonigan had gotten behind a log and was about to shoot him. McIntyre would refute this, stating that there was not enough time for Lonigan to have done so. The bushrangers raided the camp, gathering what they could. Dan Kelly insisted McIntyre be handcuffed but Ned refused. He ordered McIntyre to tell the other police to surrender when they returned or be shot. Joe Byrne drank tea and smoked with McIntyre as they waited. When Kennedy and Scanlan returned the gang hid and McIntyre attempted to get the police to surrender. Very suddenly shots were fired. Ned shot Scanlan in the back as his horse tried to run away. Kennedy jumped out of the saddle and began shooting with his pistol. McIntyre escaped on Kennedy’s horse and rode into the bush. Kennedy attempted to follow McIntyre and shot Dan Kelly in the shoulder. Ned pursued Kennedy and they fired at each other in a running gunfight. Kennedy was wounded and fell a considerable distance from the camp. Ned finished him off by shooting him in the chest at close range. He would claim it was a mercy killing. The bushrangers then looted from the corpses and took everything they needed from the camp before burning the tent. Constable McIntyre, meanwhile, had been badly injured as he escaped and hid in a wombat hole overnight. The following day he walked to a farm and raised the alarm.

[Source: State Library of Victoria]

Almost immediately parliament passed the Felons Apprehension Act, which gave them the power to declare people “outlaws”. This was based on the legislation of the same name passed in New South Wales in response to bushrangers such as Ben Hall and Dan Morgan. It meant that the outlaws were not protected by the law and could be murdered without provocation and the killer would not only be exempt from any repercussions, they would receive the reward money. Ned Kelly, Dan Kelly and their two accomplices (Joe Byrne and Steve Hart had not yet been identified) were officially declared outlaws in the colony of Victoria. £1000 was put on Ned’s capture, another £1000 was offered for the others. The assistant commissioner of police, Charles Hope Nicolson, was assigned to lead the hunt for the gang.

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Assistant-Commissioner Nicolson. [Source: State Library of Victoria.]

On 9 December, 1878, the Kelly Gang re-emerged. They stuck up Younghusband’s Station at Faithfull’s Creek and imprisoned the staff in a storeroom. That evening a hawker arrived to camp at the station and he was bailed up as well. The outlaws took new outfits from the hawkers wagon and spruced themselves up with perfume. Later, Ned held a Q&A session in the shed where he answered all the questions his prisoners had about his life and crimes. The next morning, Dan guarded the prisoners while the other gang members destroyed the telegraph lines. A hunting party was also captured and added to the prisoners in the shed.

The storeroom where the Kelly Gang kept their prisoners, photographed in 1940 [Source: State Library of Victoria]

In the afternoon of 10 December, Ned, Dan and Steve rode to Euroa to rob the bank. Dan guarded the back door as Steve went into the manager’s homestead via the kitchen. Here he was recognised by one of the servants who had been a schoolmate of his. He locked her in the drawing room with the rest of the manager’s family before heading into the bank. Meanwhile, Ned had tried to get in the front door with a dodgy cheque he had made the superintendent of Younghusband’s Station write out. When the bank clerk tried to tell him they were closed, he burst in and bailed the staff up and ordered them to give him all the money. Once the till was emptied he ordered them to open the safe but they needed the manager’s key. Ned and Steve bailed up the manager, Robert Scott, and after much hassle, including sending Scott’s wife to get the key from the study, the safe was emptied too. The outlaws then took the staff and the Scotts with them back to the station where Joe had been guarding the prisoners, and had even captured the linesman sent to repair the broken telegraph wires. The gang stayed until night time and then left, ordering the prisoners to wait until they were gone before leaving themselves. The gang escaped with over £1500 on gold and money. In response the reward was raised to £4000 and Assistant Commissioner Nicolson was replaced by Superintendent Francis Augustus Hare.

Steve Hart and Ned Kelly bail up Robert Scott and his staff. [Source: State Library of Victoria]

With all four gang members now officially named, it was harder for them to move around, so they got Joe Byrne’s best friend Aaron Sherritt to keep the police distracted by giving them false information. In early 1879 he informed Superintendent Hare that the Kelly Gang would be going to Goulburn. The police immediately headed for Goulburn, but the outlaws were actually heading for Jerilderie, further west. They split up and Ned and Joe went to the Woolpack Inn to get information about Jerilderie. They soon rejoined Dan and Steve and headed into the town.
At midnight on 7 February, 1879, the Kelly Gang woke the Jerilderie police up and captured them. They locked the police in their own lock-up cell and planned their next heist. The next day Ned and Joe disguised themselves as police reinforcements and went through the town with one of the constables. They made note of where everything was. Later, Joe and Dan traced the telegraph lines and got their horses shod. The next day Dan guarded the wife of the town’s Sergeant as she decorated the town hall for mass. The gang then began to round the townsfolk up and imprisoned them in the Royal Hotel. Joe went into the bank via the back door and bailed up the staff. Ned and Steve soon appeared. They robbed the till, but again had to get the manager’s key for the safe. Steve was sent to find the manager and caught him having a bath. Eventually the safe was opened and emptied. Ned began destroying records of the bank’s debtors and the bank staff were added to the prisoners in the hotel. Ned and Joe had written a letter that was to be published in the local newspaper, but the local news editor had run out of town once he realised the Kelly Gang were robbing the bank. Ned gave the letter to one of the bankers to be passed onto the press. The gang soon headed off with £2000 pounds of stolen money and gold. This caused the New South Wales government to contribute another £4000 to the reward.

Bailing up the Jerilderie police [Source: State Library of Victoria]

For months the gang seemed to disappear. During this time Aaron Sherritt kept the police distracted by hosting watch parties at the Byrne selection every night. Sub-Inspector Stanhope O’Connor was sent from Queensland with a party of native police. The native police were feared for their incredible tracking abilities and their discipline. During the latter months of 1879, Superintendent Hare took ill and was replaced by Assistant Commissioner Nicolson. Nicolson stopped the watch parties and relied on a syndicate of police informants to keep track of the Kelly Gang. Unfortunately a lot of information the police received was either outdated, false or cases of mistaken identity. The media criticised the police for their apparent ineptitude.

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Aaron Sherritt and Superintendent Hare watch the Byrne selection.

At this time the outlaws had begun to collect steel plates, mostly plough mouldboards, in order to craft bulletproof armour. Ned Kelly would claim his original intention was to wear the armour during bank robberies as the banks were now all guarded by armed soldiers. Each gang member had their own suit, but mystery still surrounds who made the armour. Many believe it was made by blacksmiths or by the gang themselves.

The Kelly Gang armour: Ned; Joe; Dan; and Steve.

The gang had also been very reliant on their sympathisers for fresh horses, food, shelter and information. The proceeds from the bank robberies had all gone to their supporters. The most prominent sympathisers were Tom Lloyd, Wild Wright, Paddy Byrne, Ettie Hart and the Kelly sisters. Aaron Sherritt was a sympathiser too, but many of the gang’s other supporters thought he was working for the police and had told the gang to murder him. Sherritt’s family had actually been working as police informants, his brother Jack Sherritt in particular, but Aaron had remained a supporter of his closest friend. Nevertheless, the rumours were persistent and Joe Byrne and Dan Kelly frequently tested the Sherritts by giving them useless information to see if it reached the police. When Superintendent Hare returned as head of the pursuit, he re-employed Aaron to take watch parties to spy on Mrs. Byrne. When the threats against Aaron became worrisome, Detective Michael Ward, one of the heads of the hunt based in Beechworth, had arranged for Aaron to be guarded day and night by police.
Meanwhile, Ned Kelly had decided to escalate the conflict with the police and take out as many of them in a single go as possible. He planned to lure them out on a special train and derail it. A commotion at Aaron Sherritt’s hut would cause the police, who were based in Benalla, to go by train to Beechworth and resume the hunt with a fresh trail. In order to get to Beechworth they had to pass through Glenrowan, where the train line would be broken on a treacherous bend, causing the train to fly off the tracks. The intention seems to have been to murder the police on board in order to force the government to stop pursuing the gang out of fear.

[Source: State Library of Victoria]

On 26 June, 1880, Dan Kelly and Joe Byrne bailed up a German neighbour of Aaron Sherritt named Anton Wick. They took him to Sherritt’s hut and used Wick to lure Aaron to the back door. When Aaron opened the door Joe murdered him, shooting him twice with a shotgun. Aaron died instantly. The four police constables that had been assigned to protect Aaron cowered and hid in the bedroom. Joe and Dan tried to force the police out of the bedroom for two hours before giving up and riding off to join Ned and Steve at Glenrowan.

Some of Thomas Carrington’s images from the Glenrowan tragedy depicting Sherritt’s hut, Joe Byrne’s horse, Music, and a view of the battlefield. [Source: State Library of Victoria]

At Glenrowan, Ned and Steve bailed up a team of quarrymen and some plate-layers to pull up a section of the train track. Ned also captured Ann Jones, proprietor of The Glenrowan Inn, and her daughter Jane. The prisoners were taken to the gatehouse where Joe and Dan arrived at around five in the morning. At daybreak the prisoners were split into two groups: women and children were kept in the gatehouse to be guarded by Steve, everyone else was taken to The Glenrowan Inn. Throughout the day more prisoners were captured as Ned waited for the police. To keep the prisoners occupied there were sporting games held at the inn, card games were played inside, drinks flowed freely and there was even a dance in the bar room. Still, there was no sign of police. As it was a Sunday, no civilian trains would be running and Ned expected the police to arrive as soon as they heard the news of what had happened at Aaron’s hut. What Ned had not discovered was that the news of Aaron’s murder did not reach the police in Benalla until after lunchtime. The police took a long time to make any arrangements but as dusk approached, arrangements were made for a special police train to be sent to Beechworth.

[Source: State Library of Victoria]

That evening Ned decided to bail up the local policeman, Constable Bracken. Thomas Curnow, the schoolteacher, had been trying to convince Ned he was on his side all day and Ned finally agreed to let Curnow take his sick wife home when they went to capture Bracken. As soon as he got home, Curnow gathered materials to help him stop the train. He took a candle and a red scarf and rode off to the train line. Back at the inn there was more dancing and after midnight Dan Kelly told everyone to head home. However, Ann Jones stopped them from leaving so Ned could give a speech. As Ned was talking the police train finally arrived and stopped at the station. Curnow had used the lit candle behind the red scarf as a danger signal and warned the train about the damaged line. The Kelly Gang donned their armour and prepared for battle. Constable Bracken escaped and ran to the train station where he informed Superintendent Hare that the gang were in The Glenrowan Inn. The police headed to the inn and a battle commenced.

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Police battle the Kelly Gang. [Source: State Library of Victoria]

In the initial exchange Superintendent Hare’s wrist was smashed by a shot, Joe Byrne was shot in the calf, and Ned Kelly was shot in the foot and his left elbow was smashed. As the battle continued, the prisoners tried to escape. Jane Jones led a group of women and children to safety after she had been hit in the head by a police bullet and her little brother had also been mortally wounded by police fire. Over the next few hours, Ned escaped into the bush, most of the women and children escaped even though the police continued to try and shoot them, and Joe Byrne was killed by a police bullet to the groin. Police reinforcements continued to arrive throughout the early hours of the morning and just before sunrise Ned Kelly reappeared behind the police lines.

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Thomas Carrington’s depiction of Ned Kelly’s last stand. [Source: State Library of Victoria]

Ned fought the police for almost half an hour before Sergeant Steele blasted his unprotected knee. He was captured alive but badly wounded. Dan and Steve remained in the inn. At ten o’clock the rest of the prisoners were let out. By this time people from all around had descended upon Glenrowan to watch the siege. At three in the afternoon the police decided to burn the inn down to flush Dan and Steve out. They had previously ordered a cannon to be sent from Melbourne to blown the inn up but it had not yet arrived. As the inn was set on fire a Catholic priest, Matthew Gibney, ran inside to rescue anyone that was still in there. Joe Byrne’s corpse was dragged out and the dead bodies of Dan and Steve were found in the bedroom but could not be retrieved before the fire took hold. Another civilian shot by police, Martin Cherry, was rescued from the fire but only lived long enough to be given the last rites. After the fire had stopped, Dan’s and Steve’s bodies were retrieved. They were charred beyond recognition. The onlookers crowded around to get a good look at the dead bodies and to grab any souvenirs they could. Photographers captured images of many of the scenes.

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Joe Byrne’s corpse strung up against a cell door in Benalla. [Source: State Library of Victoria]

Ned Kelly was taken to Benalla, where Joe Byrne’s corpse was strung up against a door of the police lock-up to be photographed. Ned was then sent to Melbourne Gaol to be treated for his wounds but was not expected to survive. Meanwhile, Dan and Steve were buried in unmarked graves to prevent the police taking the bodies away from the families. Months after Glenrowan there were still bullets and bits of shot being removed from Ned’s hands, feet and limbs. When he was deemed fit, he was sent to Beechworth for a committal hearing. Authorities were worried that having a trial in Beechworth would mean there was a strong likelihood of there being sympathisers in the jury so in order to have the best chance at convicting him, he was transferred back to Melbourne for his murder trial.

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Ned Kelly being carried on a stretcher into Melbourne Gaol. [Source: State Library of Victoria]

The trial in the Supreme Court was quick and Ned Kelly was found guilty of murdering Constable Thomas Lonigan and sentenced to death by Sir Redmond Barry, the judge that had sentenced his mother to gaol in 1878. While he was held in Melbourne Gaol to await his execution, his sympathisers tried to get a reprieve. Petitions with tens of thousands of signatures were gathered and there were protests and riots in the streets of Melbourne. Kate Kelly met with prominent politicians to beg for mercy but the Executive Council were unmoved and the sentence was upheld. Ned dictated several letters from his cell in order to make his version of events heard. As he was unable to write due to his injuries another prisoner was made to write for him. On 11 November, 1880, Ned Kelly was hanged in Melbourne Gaol. Thousands of people gathered outside the prison and Ellen Kelly worked in the prison laundry within earshot of the gallows. After his execution, his body was taken to the dead house, his head was shaved and a cast made, then his body was removed to be dissected by university students. The remains were buried in the gaol.

The Kelly Gang was not prolific by a far stretch. They did fewer robberies than the Hall Gang; they murdered less people than Jimmy Governor; they were not at large as long as Captain Thunderbolt; and there were not as many members as The Ribbon Gang. But what distinguished the Kelly Gang was that there was a political element to their story that was unprecedented, and a sophistication to their operations that surpassed similar feats from the “golden era” of bushrangers. Most people believe bushranging ended with the Kelly Gang, but in fact bushranging continued well into the 1920s before it began to evaporate.
Certainly the armour is a powerful piece of iconography and it encapsulates a lot of what makes the Kelly story so unique. In almost 100 years of bushranging, starting with Black Caesar in 1788, nobody had thought to protect themselves from bullets. Ned Kelly mixed the best bits of old fashioned bushranging with a fresh, more methodical approach: to prevent being shot they made armour; because mail coaches were not lucrative targets they robbed banks; they destroyed telegraph lines to prevent information reaching the police quickly; to gain sympathy they gave speeches and wrote letters to the press and politicians; to prove they were not cold blooded murderers they performed intricate heists with no bloodshed. They were bushrangers that didn’t act like typical bushrangers and that made them a cut above the rest.

A policeman with some of the gang’s revolvers and pieces of Dan Kelly’s and Steve Hart’s armour in the 1960s [Source: National Archives]

Because the Kelly Gang came from the selector class and so many people identified with them, they became representatives of people in a way not seen since Jack Donohoe became the hero of the convict class. They came to represent everything one group of people tried to suppress, at the same time as being everything the other group wanted to be, which struck a chord and captured the imagination. Even now, they capture that same spirit because a lot of the class conflict in the modern day is merely a mutation of what it was then and stems from the same things. People will always be able to find something in the Kelly Gang they either love or hate because they have transcended history and become part of the cultural tapestry.

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.

The Armour: The Myths, The Facts (review)

On Saturday, February 22, 2019, the Greta Heritage Group held the second of what is planned to be an annual Ned Kelly themed event to raise funds to maintain and modernise the 104 year-old Greta-Hansonville hall. The previous theme was Max Brown’s Australian Son, this year the topic was The Armour: The Myths, The Facts.

Adrian Younger, master of ceremonies

Tickets for the event were sold out quickly this year and the numbers were bigger than the previous event. Support came from various quarters, with the Ned Kelly Vault in Beechworth loaning out their replicas of the armour to be displayed at the event. Each attendee received a goodie bag with postcards, a printout of documents pertaining to the armour, a copy of Chester Eagle’s The Armour and as a final sweet treat there was a small packet of Minties.

The event opened with a reading by Alan Crichton of a poem he had written about the armour that evoked the wild notion of the so-called Republic of North Eastern Victoria and the idea of the gang as “Knights of old”. There’s no doubt that Crichton has a gift for the written word and it was a perfect piece to set the mood.

Alan Crichton

The first presentation was Noeleen Lloyd’s run-down of the history of the armour. The story of the mysterious creation of the four iconic suits of iron and their subsequent misadventures through the siege of Glenrowan then years of being bounced around various owners, being jumbled, having bits stolen or acquired on the sly, attempts to destroy them and then eventually being recognised as culturally significant enough to display, is an incredible tale in itself. Noeleen’s talk covered this concisely, cleverly and without any need to discuss the moral arguments about the actions of the bushrangers or police.

Noeleen Lloyd

The second presentation was by blacksmith Nick Hawtin. Hawtin was tasked with creating exact replicas of the armour for the township of Jerilderie and in so doing gained some fascinating insights into how the armour may have been constructed. After a video of the Catalyst report on tests performed on Joe Byrne’s armour was shown, Nick spoke about his experience in studying the minute details of each suit and analysing the materials and process. He identified that while the majority of the steel was from plough mouldboards, there was also sheet metal used and likely much of it was scrap metal from various blacksmiths. By incorporating his knowledge of the craft, culture and history of blacksmithing, he was able to recognise the methodology used, the likely tools used and subsequently offer some valuable insights into the process. By virtue of the processes used it is incredibly unlikely that the suits were constructed in the bush or by one person. If the story of the suits being constructed by a creek have any validity, he supposed that it was that the armour was adjusted there rather than constructed in the bush. There was enough material in Nick Hawtin’s account to fill a decent sized book and hopefully some day we can get a published account of his knowledge.

Nick Hawtin

The third presentation was by Brad Webb of ironoutlaw.com. He discussed Ned Kelly in popular culture, drawing upon early etchings in illustrated newspapers through to film, television and comics, but especially comics (Webb believes Ned Kelly provided inspiration for the superhero The Invincible Iron-Man). There is no doubt that the Kelly armour has captured the imagination of countless people around the world and continues to do so.

Brad Webb

At this time there was a brief change of pace as Nick Hawtin got his forge fired up to demonstrate the difficulty in adequately heating steel of the thickness and type used for the armour. After several minutes of cranking a fan to heat up the coke the crowd was ushered inside for lunch to emerge again when the metal was heated. It was evident from the demonstration that a bush forge would have been impractical and inadequate in heating up the sheets of metal used to craft the armour, further asserting that the bulk of construction must have occurred in blacksmith shops, likely by multiple smiths.

Nick Hawtin demonstrates the ancient art of blacksmithing

The final presentation was by artist Joe Zapp, who had been painting a portrait of Ned throughout proceedings. He discussed his work and his fundraising before auctioning off the painting and some prints. Zapp uses an impressionist style to create images quickly and expressively. The result is a stylised portrait that is endowed with feeling and movement. The sale of his work raised a fair amount for the hall and no doubt the buyers will be pleased as punch with their purchases.

Joe Zapp with the painting he created during proceedings

It was fantastic to see so many people turn out for the event and demonstrating their mutual love for the Kelly story while supporting the fantastic work done by the Greta volunteers. While the Kelly story seems to often bring out the worst in people online, in person it seems to be a very different situation and it’s nice to be reminded that a mutual appreciation for history and folklore can be a wonderful tool for uniting people rather than a device for dividing them.

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.