“The Press” In 1866

Press, Volume CVI, Issue 31169, 20 September 1966, Page 14

“The Press” In 1866

September 20 MAUNGATAPU MURDERS. The Court opened at nine o’clock this morning, and was crowded. Several females were present. The Judge occupied seven hours in summing up evidence. The jury retired at about half past four, and after an hour’s deliberation returned a verdict of guilty against all three prisoners. There was a. dead silence in Court when the verdict was given. The Judge asked the prisoners separately if they had anything to say, in point of law, why sentence of death should not be passed. Kelly made many abject appeals to explain the facts of the case. He vehemently protested his innocence, and said that the Judge did not charge the jury correctly when stating that everything found, described by Sullivan, corroborated Sullivan’s

evidence. He proceeded to discuss the evidence, and the Judge, after tolerating a long altercation, stopped him. Kelly then said, “Won’t you allow me to speak.” The Judge—“No longer.” Kelly —“Oh that’s bad, let me speak, nobody will be sorry for my death. I will leave no one; still I ought not to die wrongly.” The Judge then addressed the prisoners separately, and passed sentence of death on each. After the sentence was passed, Burgess bowed, and said, “I accept the sentence with humility.” Kelly, abject and overpowered, said nothing. Levy said, “I am happy in my own mind, and by the God I worship I leave this bar an innocent man.” The Judge replied that he had no right to say so, and such a statement made no impression on him, nor should it do so on the jury or the public. —Nelson, September 18.