THE MAUNGATAPU MURDERS.

Grey River Argus, Issue 109, 22 September 1866, Page 2

THE MAUNGATAPU MURDERS.

TRIAL -OF THE PRISONERS. , ; [We take- the following . account from the telegraphic news in the -'Lyttelton Times.].. :,.:; . :. ; The special commission for the trial of the prisoners charged with the murders : at Maungatapu was opened *at Nelson on i the 12th inst. , . as previously arranged . The Judge, Mr Justice Johnston, in ad- ,; dressing the grand jury, commented upon ' the heinous nature of the crime that had I called for a special sitting of the Court j and its comparative *rfrity in the colony' f He also specified the conditions under i which such deviations from the usual I course of administration of justice were * sanctioned by Government, and stated lus belief that such a procedure in the : present instance was .best calculated to insure a calm and deliberate consideration of the case. He allHfcled to Sullivan's evidence as an informer, . in the case of i the four men murdered on the Maunmt," tapu haying been admitted -by theG^own 1 and remarked on the unsatisfactory na - 1 ture of such testimony, nnless backed by ' ' con-elative evidence: • The : jury should as far aj3, possible, confine their, attention to the evidence, which would be produced in support of Siillivan's statement. Sullivan had made; hja confession before hearing the evidence of .tho various Avit. ' nesses, and' it was, therefore, more trustworthy than would • otherwise»liaye beefA the case. Still it must be remembered^ that v hjs_ toi^imony could not possibly be vcikfrecTo£ prejudice arising from the fact that it was dictated: by the strongest of all motives, namely, the hope of saying himself;, fyoin, ijlie consequences of : his crime, His confession- in Battle's case was totally different ; it implicated him, self only ; and. the jury ; must Consider it in relation to" the judicial admission of Eurgessi iu^prder that .they might decide whether all four prisoners sliould be tried for Battle's Murder.,,. The Gr.ind Jury brought in a trae bill ;ag^st Burgegsj^elly; and -Levy; for the murtter of Mathieu, Kempthorne, Dudley, and Pontius; ; and later in the day against all four prisoners for the murder of Battle. ; special:; jury was sworn to - try the prisoneia in" the first case., They 9^ all pleaded Not^GuUt^ .J^g^/Stati n w that having already acknowledged hja guilt he pleaded ;thiiß onl" for form's sake, Burgess and Kelly conduct their ownde^ fence, and Mr Pitt appears for Levy The trial ia Qxpecteclto laat several days' as Burgess and Kelly crpss'-examine the. witness.es at great length. ; Vi ;: 14; 4.5 p.m. .; Sujlivan, in cross-examination yeaterr day, stated that lie arrived in Tasmania as a prisoner of the Grown in 1840. He esfia.pe,d : tQ Victoria, -and' was sent to Port Arthur in 1848. ... He went to reside pernaaneritlyi at Sandhurst, Victoria, in 18E JJ, '"ij and: went into as storekeeper j there. 'He was once stuck up by bushr j rangers,; which he "reported to the police. Hed^n;Sa. ; coinplicityJin. the proposed robbery of Pan;- at the Ahaura River, but \ acknowledged- going with Burgess and '■'■! Kelly to rob Ken-, banker, atJßoss, and i Wilkie, storekeeper, at the Grey, and to •■ murder : Fax,; gpl(l; buyer; vat the Grey; J under the influence of Burgess. He, ' denied miy -pairfc in the murder of Dpbson," . but was shown the body by Wilson, alias Murray, now in custody. / He -alleged that he took no part in the miu-der'of '' Battle. :;.'/■ :: ... : ... . V ? Th§ Crp.ss-e^«aniination.. pi Sullivan was -i resumed this morning, by Kelly, with far- * iuprft point and ; astuteness! Sullivan disclaimed any inducement. for his confession save a desire to divulge all the crimes p| the gang. He . had waited eight days to see what evidence the Crown would'produce to assist his information ; he had not rea^d the. bill offering pardon > before making his confession;' He .said that Kelly and Ms. brother were tried' and acquitted for tlie murder prone Markes, who was shot pu the gold fields in Vie-, toria. .in 1852, for- whicfc crime,* anotherman was executed, i ; • Sullivan : and party was recognised by? a : sailor on board the Wallaby. Xelly tried by every- means to shake. Sullivan's veracity and motive for conf osßionj < but ■without success. Sullivan's acciiracy, in, fact, and dates is most remarkable, Sullivan acknowledged to a false statement as to his having under-* gone coercion by other prisoners regards ing the Hokitika. camp robbery. Cross-i examined by Mr Pitt on behalf of Levy : Said that he asked Burgess to. let him go. into the hush with the four murdere^^ men, in order that he might free them by^ shooting Burgess, as the other; itwb^were cowards without him. 1 ; iy . Kelly^endeavored quite. unsuccessful^ -to^ e^tablish-f^h alibi by cross-ex?jm>atidni. Eighteen fitnesses werGexaminedv ; ;;^>N.^-- -vH^;; V : --~ :; ;. ■