The Nelson Evening Mail. TUESDAY, JUNE 26, 1866. RESIDENT MAGISTRATE'S COURT. This Day.

Nelson Evening Mail, Volume I, Issue 96, 26 June 1866, Page 2

The Nelson Evening Mail. TUESDAY, JUNE 26, 1866. RESIDENT MAGISTRATE'S COURT. This Day.

[Before J. Poynter,Esq.,R.M., his Honor the Superintendent, and a fall Bench of Magistrates.] Sullivan, Burgess, Levy, and Kelly were brought up on remand this morning, and charged with the murder of the Deep Creek missing party. Mr. Adams conducted the case for the Crown. Mr. Pitt defended the prisoners. John Shallow: I know all the four prisoners. They were -assengers from the Grey. They arrived on the 6th June. They went on board the Wallaby at the Grvay. They kept prett}** well together on the passage ; one "was in the cabin, and three in the steerage. I ain a seaman on board the steamer referred to. Patrick Birrcll sworn, said : On the 7th June I left Nelson for Picton, about 10 o'clock a.m. On the way, about three miles from town, near the cottage, I met three men, two of whom I recognise amongst the prisoners. Thej' are Sullivan and Levy. They were dressed as diggers, and had swags on iheir backs. I saw them au hour afterwards about 2 miles further on. 1 "returned on the Wednesday following. I started from Wilson's at the Pelorus about 8 in the morning. On my return I suw a party of four men sitting at Franklyn's Flat on the Maungatapu. They had a p-ifckhorse with them eating a feed of oats. I spoke to one of them who was Mr. Kempthorne. I knew Pontius. The names of the others were Dudley and Matthew. This was close to 1 o'clock. I left them there and proceeded on my way to Nelson. ' On my way 1 met a man and woman about a mile further this way. They were on foot. I know not who they were, A mile still further and two miles from Franklyn-s Flat, I met a man on horseback. I saw nothing of the prisoners that day. Margaret Smith the wife of James Smith : I saw Sullivan pass my house in the Maitai Valley. I can swear to another of them. I am almost certain I saw five pass. It was about 12 o'clock, three weeks ago next Thursday. I can swear to Sullivan and Burgess, but not to the rest. It was when I went to call my husband to dinner. One man had a dark billy cock hat on, and the other a light one. They were dressed as diggers. One had a new tent of white canvas neatly folded up. Another had two long handle shovels that had been used. The head one, I fancy Burgess passed the time of day with me. I saw Mr. Bin-ell the same day. He passed just belore the men. There were two otlier men ou horseback with him. I recollect the day by two persons stopping at my house. By this I know it was a Thursday. John Cowper sworn said : I keep an accommodation house. On Friday the Bth June I saw Sullivan, Burgess and Levy there, about 4 p.m. They were camping about 40 yards from the house. They stopped till next day, and then went. They went towards Canvas Town. I saw thern again the following Monday morning, I believe the whole four, but not close enough to speak positively to them. This was at Canvas Town in a paddock. To Mr. Pitt : The weather was dull but not rainy. It rained on Saturday. George Jervis examined, said : I am a storekeeper at Canvas Town, 32 miles from Nelson, over the Maungatapu. I know the four prisoners. I saw them at Canvas Town on the 9th June, and gave them permission to occupy an empty liouse, where they slept that night. f They all c;ime together. I spoke to Burgess. He bought some goods. On the Sunday I had conversation with two of them. Burgess said on the Saturday, he came from Pelorus bridge. On Sunday I had conversation with Burgess and Sullivan, and saw Kelly the little one outside of the door. He went in directly he saw me. Sullivan said one of his mates was gone up to Deep Creek to have a look round. Burgess said he had been at the Buller, and mentioned several parties I was well acquainted -with. They stopped from Saturday night till Tuesday morning. They left about S o'clock. I saw them crossing the river towards Nelson. They saw me on the bank and hailed me, saying " good, bye, old fellow, we are going to leave the b — y country, there is nothing to be done here." They all had swags, I cannot say if they had shovels or guns. They had something in their hands. One of them had a rug. I examined it and found it to be the skin of a flying squirrel. On the Saturday night the Resident ..'Magistrate of Havelock requested me to keep a close ' watch on thero — saying, a turkey was missing from Pelorus Bridge. Felix Matthew kept an hotel at Deep Creek, He was at my place this day fortnight, about half-past three o'clock in the afternoon, accompanied by Kempthorn, Pnotius, and Dudley. They had a packhorse of a bay color and white hind feet. They had a portmanteau. I loaded the packhorse with four or five swags, a large and small portmanteau and other things. I believe they were totally unarmed. A parcel was left in iny charge by Mr. Kempthorne, containing at one end 50 ozs. of gold and a roll of notes at the other end. I knew it was. gold by the weight. I have been in the habit of taking care of his gold when he came. When they left, I accompanied them some way towards Nelson. They said they should^stoo at Bennett's that night. I saw no more of tlienx. f came to Nelson to see after .theni, on hearing they were missing. •• HttHJI Mr. Pitt : On the Monday some other men H^Hl at my house who were armed. They had two a double-barrel and a single. I examined the HHt. I know the men. I saw the guns lying on the HSBRard-table, took them up, and looked at them. These men came from Deep Creek. They stopped J about an hour with me. I know two of the men.

One is named .Harvey. They crossed the ferry towards Nelson. I came to town the Sunday after. I knew nothing of the prisoner's character before that. I had conversation with Mr. Owens about Kelly, about his being a bad character, and as to his being suspected of belonging to the party of prisoners. The conversation was on Sunday night. I suspected him from eircumstajices, and not because he was a bad character. I sav Sullivan in the lock-up last Saturday night, and had a conversation with him about doctoring him for dysentery at Canvas Town. I said, " what have they got you here, and are you cured of the dysentery? " He replied, " I have felt no more of it since." I told him I wished I had poisoned him at the time, and I wish so now (sensation in court). William Harvey: I am a digger, residing in Nelson. I was at Deep Creek last Sunday fortnight. I saw Levy there. He was at Felix Matthews', where I saw him. He stopped there that night. I knew that Felix was coming to Nelson. I believe Levy was aware of it. He was present, and heard me ask for my swag. I left Deep Creek on the following morning, with my brother, and a mate, and Levy. The latter accompanied us till within a mile of Canvas Town. I spoke to Kempthorne, in Levy's presence, about two miles from Deep Creek. Kempthorne said he was going to start next day. He kept a store at Deep Creek. I started from Canvas Town, for Nelson, on the Monday. We had a double and single barrel gun, wliich we brought to Nelson. We had no shovels with us. I saw Sullivan, Levy, aud Burgess iu Nelson, the Thursday following. I swear positively to Levy and Kelly. It was on Thursday morning. I had seen Sullivan and Kelly previously. I did not see Burgess at all. I asked Sullivan, at Canvas Town, if lie had seen Levy come down. They were at Canvas Town on Monday, between 1 and 2 o'clock, when I left. Francis Porcelli: I keep an oyster saloon in Bridge-street. 1 know Levy and Burgess. They came to my house last Wednesday week, about 7 o'clock in the evening:. They asked how far it was to Collingwood diggings. Levy first spoke to me, and asked where Jack was. I said he left long ago. They asked if they could lodge there. I said no. Levy said he would leave his swag and coarse bag. He did so. Both were dressed like diggers. They did not change their dress. About an hour after they left they returned, and stopped all night. When I told Levy it was 50 miles to Collingwood diggings, he said nothing. Next morning they put new clothes on. They left about 9 o'clock, the first time. I don't know where they got the new clothes from. They got some in the morning, and some in the evening. About 8 o'clock they went out in their old clothes. About 9 they returned with new clothes on. This witness was an Italian, and it was very difficult to ext ract his evidence from him. He said the clothes of the men were wet when they came, and he hung them out to dry. He gave the clothes to the constable that Levy did not take away. H. Phillips: I keep the Otago Dining Rooms. On Wednesday, the 13th, and another came to my house, and asked for supper and got it. It was either twenty minutes past nine or ten. They were roughly dressed, like diggers. One said they had been stopping down the beach. I did not see them when they came next day. W. H. West: I know Burgess, Kelly, and Sullivan. They came to my shop. I saw Sullivan and Kelly last Sunday week. Burgess came to my shop on Thursday, the 14th, between nine and ten o'clock in the morning. He had a shave, a bath, and bought a purse, fie had a long beard before he came. I shaved Kelly and any man shaved Sullivan. When Burgess bought the purse he threw down a pocketbook, which I handed to the police. Robert Carter : I keep the Lord Nelson Hotel. I know Kelly. I saw him first on Thursday morning, the 14th. He came the previous night when I was gone to bed. I saw him at my liouse at a quarter to 8 o'clock. He had a felt hat on. He was not dressed as he is now. He came back and had breakfast. He went upstairs and came down with a pair of cloth trousers on different from what he had before. He remained at my house till he was arrested. He brought several parcels ia on the Thursday. We had several conversations, during which he said he was clerk to some large company at the Kanieri, and could dispose of what shares he thought proper. He said he would probably stop a fortnight or a month, but lie liked the place so well, he would perhaps, winter in it. Both Noon and M'Gee spent a good deal of money in the house, at different times. Noon said the first night he came to Nelson, he stopped at Sharpes. On Friday he said he had been stopping with a friend. He placed £50 in my hands. He had £30 of it back, and £20 I gave fo Mr. Shallcrass. Stephen Owens : I keep the Mitre hotel. I knew Sullivan and Levy. I knew Levy iu Victoria. I saw him come on shore from the Wallaby. I saw Kelly land also. I saw them together on the 6th of June in Nelson. Sullivan came to live at my house on Thursday, the 14th, he said he came from Collingwood, where lie had been five weeks. He had an old pea-jacket <m, no waistcoat, shabby trowsers, and long kneeboots. After supper, he said he would change himself, and get some clothes. He went out and came back again, went upstairs and dressed himself. On coming down he had new clothes on. He went out and brought in Kelly, who he said was an acquaintance of his. He said they had been schoolmates together. . He said lie had not seen Kelly for sor 6 years. He said he had been a baker, and had carried on storekeeping and baking at Bendigo. Kelly said, he had an engine claim at Kanieri, and .came to Nelson for the good of his health. He said a few hundred pounds were no object to him. He said he had been stopping at Carter's a fortnight. On the Saturday; Sullivan gave me £50 to take care of, two £20 notes, and a £10 note. On the Tuesday following he askecl for the money hack, and I gave

it him. He gave me the £10 to change, and paid his bill of £1. I asked him to ride to Maungatapu with me, he said he was too bad, and he did not like to ride. ,y To Mr. Pitt : I had no conversation with Sullivan about the missing men, beyond talking in the house about it. Ob Saturday we were talking about it. I sent a telegram to the West Coast on the Monday, to Kempthome's partner, Mr. Gardner. It was to hint that the men were murdered. I did not tell him I suspected anyone. I did not tell Sullivan I suspected three Germans. He heard us talking about it. Miller went back to the Wakamarina. I had no conversation with anyone about Kelly's character. Sullivan told me he had been on the West Coast as well as Kelly, My object in asking him to go to the Maungatapu was to get him to accompany me. I told him I was going in search of the missing men. I saw him on horseback tlie same day. He said he was going to Richmond. Sullivan said he had been a lucky digger at the West Coast, where he and his mates had cleared 700 ounces of gold. At this stage Mr. Adams said he vas not prepared with any more evidence at present. The Bench said they would remand the prisoners till Monday next. A man named Matthews was charged with setting fire to Mr. Corbett's premises, corner of Trafalgar and Bridge Streets. He was remanded till Saturday next.