The Nelson Evening Mail. THURSDAY, AUGUST 2, 1866: RESIDENT MAGISTRATE'S COURT This Day.

Nelson Evening Mail, Volume I, Issue 128, 2 August 1866, Page 2

The Nelson Evening Mail. THURSDAY, AUGUST 2, 1866: RESIDENT MAGISTRATE'S COURT This Day.

Before J. Poynter, Esq., B.M. His Honor the Superintendent, Captain Kougli, Messrs. Adams, Hunter jßrown, Walmsley, Blackett, Burnett, and others. Burgess, Kelly, Levy, and Sullivan, tlie men charged with the Maungatapu murders, were brought up for exa oii nation. Mr. Adams conducted the case for the crown. Mr. Pitt appeared for the prisoners. Mr. Pitt asked that some paper and a pencil be supplied to the prisoner Kelly, which was done. Tlie witnesses were examined as follows : — Timothy Creed sworn : I am an assistant to Mr. .Merrington. I know the prisoners Sullivan, Levy, and Kelly, on the Hth June last, Kelly and Sullivan came to our shop together. They purchased some goods, valued at £3 1 7s. 6d. Sullivan had a suit of clothes. Kelly had something from another young man. I can't say what the things were. I sold Kelly afterwards, a ladies' dress and some trimmings, wliich came to £-2 odd. Sullivan paid £3 17s. Gd. I saw Kelly purchase a hat for£L 10s., and a ladies' mantle, for £ I 15s. I don't know what, was paid to the other shopman. I served Kelly with a ladies' dress that came to two guineas. There was no account made out of the articles. I saw other goods supplied to the amount of £3 Ds. I did not supply ain r of the others with goods. Levy ordered a coat which I did not serve. He came by himself, also with others. Thomas Corbett, sworn : I am a storekeeper in Nelson. I have seen Burgess and Levy in my shop; Onthe 1-Uh June. I ser veil Levy with a pair of ?ocks. lie bought a pair of boots in my absence in exchange for.the socks. The same morning I sold Burgess a pair of boots. The shopman sold Burgess in my presence a drab felt hat for 10s. fid. The price of the boots and socks was Si's. 9d. The price of the boots bought by Burgess was 19s. Jolm M. Richardson sworn: I am a storekeeper in Nelson. On the Uth June I supplied Burgess wifh a suit of clothes and other things. It was about 9 o'clock in the morning. The whole of the goods amounted to £C> ICs. Sd., which he paid me. John Thornton sworn.- I am a storekeeper iv Nelson. I supplied Kelly and Sullivan with goods on the 14th .June. Keily had a pair boots 365., and Sullivan a pair boots 20s. The foliowing Saturday Kelly liad a pair boots and cork soles 21s. They came about ten o'clock in the morning. Charles Flood, sworn: I am a tailor residing in Nelson. I supplied Kelly with goods on a Saturday, the date of which 1 don't remember. It was two or three days before the prisoners were arrested. Kelly ordered a pair of trousers and a black silk velvet . vest. I supplied them, and received £i for them. 1 made a pair of trousers and a black .-ilk vest for Sullivan, who paid t-l for them, Kelly came first, and afterwards Sullivan, it >vas early in thu day when Kelly came. j George Potter sworn : lam an lintel-keeper in Nelson. Suilivau and Keily came lo my liouse on Friday evening, previous to their arrest. They came between 4 and .0 o'clock in tlie afternoon. Sullivan came in first and we had some sherry together. On the Sunday following I drove Sullivan and Kelly to John Palmer's, Waimea West. We stopped at the Turf and had some sherry there. We stopped at Moonlight's and spent some money there. ,We J stopped going and coming back. I can't say wliich i prisoner paid for the drink. We dined at the Bridge Jlotel and had a bottle of sherry after. I can't tell which of the prisoners paid for the dinner, sherry, and horses. We stopped at Palmer's an hour, and bad two bottles of sherry, which the prisoners paid for. They stood treat for twelve or fourteen people. Isaac Lamb sworn: [ am an assistant to Mr. Merrington. I supplied Kelly and Sullivan with goods four or five daj s before they were arrested. Kelly had a cap, shirt, and collar, on a Thursday morning, about nine o'clock, The next day he had an opossum rug lined, and bought a waterproof coat and valise. 1 don't recollect the amount. It would be about £4 2s Gd altogether. Burgess had a length of cloth, two yards anil a half of scarlet check, at ( Js 6d the yard. Levy had a hat. Sullivan bought a waterproof coat, the same price as Kelly's. Mr. Adams said this was all the evidence lie had ' at present, and he proposed to put Sullivan in the box. Mr. Pitt objected to Sullivan being placed in the box, unless he were at first discharged. It was contrary to law to place him in the box unless he were either acquitted or a role prosequi entered. Being overruled by the Bench, Mr. Pitt requested that a note be taken of his objection. Sullivan Avas then placed in the box, the Magistrate saying if his evidence wero taken he could not commit him. Mr. Adams said he was not bound to give evidence to criminate himself. Sullivan replied he was quite willing io give evidence. He said — Before coming to New Zealand, I resided at Mount Korong, in Victoria, at a place called Weddcrburne. I resided there for 12 years, as a storekeeper and publican. I came to Hokitika by the Albion, on the 10th April last. 1 never saw the colony of Mew Zealand before. Whilst at Hokitika, on the 27th April, I became acquinted with the prisoners. I associated with them there. I afterwards went to the Grey with Kelly and Burgess. Levy was there 14 days prior to our going. I associated with all three at the Grey. We left there together, for the Buller, by the steamer Wallaby. I don't know who paid for the passage. Levy brought us the tickets. Mine was in the'name of Williams. I saw him give Burgess and Kelly a ticket each. We

remained a day at the Buller. We then got a passage in the Wallaby to Nelson. I don't know who paid for ifc. I did not. I had no money. I think Burgess had a little, and Levy borrowed some to make up the passage money. I saw him borrow some from a Greek boatman. We had not enough money to pay our fare. T saw the contents of a letter sent to Captain Palmer at the Buller, from Burgess, asking the captain to give us a passage to Nelson, as we were short of funds, and we would find ourselves. All our names were on the tickets. I don't know the other three names. They were not the same the prisoners go by now. Captain Palmer said that he would take us on to Nelson if we paid, tlie balance of the fore, £l each. We came on to. Nelson. We arrived in Nelson on Wednesday, 6th June. We went to Mrs. Sharp, in Bridge-street, for lodgings, about tea time. We had tea there and stopped all night. Mrs. Sharp did not take tea with us. She prepared it. Two other ladies were there, who had just taken tea. We left about quarter to nine the following morning. We all left together. Levy paid Mrs._Sharpe £1 for our board and lodging. On leaving there Levy went up the street; we went down the street and came up by the church, not to be seen with Levy. We met him, had a conversation, autl arranged we should go on to Picton or Havelock. We proceeded on the road on the Thursday, and E went in advance. Three horsemen came along the valley. I liave seen one of them since, it was Mr. Birrell. I met a man on foot, and came up to him. He was travelling with' a load of canvas. This man conversed with me. I have seen him since in the witness box. He was a tall man, a digger of Deep Creek. This man went and left us getting dinner. That night we stopped about fifteen miles from Nelson, atthe foot of the Maungatapu, before coming to the flat, near a large wall sticking out of the ground. Next morning, about nine o'clock, we went to the Pelorus bridge. We erected a tent to sleep in, tliat we carried with us. Saturday morning we started at noon, and went as far as Canvas Town, when we were permitted by Mr. Jervis to occupy one of his buildings. We had tea and stopped there that night. Levy was despatched to Deep Creek, to see what sort of a place it was. whether there was any place likely to be stuck-up. He went on Sunday morning, and returned on Monday at 2 p.m. He brought a Marlborough newspaper and gave it to Burgess, to decide some argument they had on the road relative to tlie bank at Picton. He reported he had seen at Deep Creek a man whom he knew. He said j he was acquainted with Felix Mathieu and Dudley, whom he had seen there. He stated, Duuley. Mathieu. and two other men were going to the West Coast. They were to have started on the Monday, but they remained to put a Hy upon a store. Tliey were sure to start upon the Tuesday. He said they had plenty of money, he had seen some long tailed ones, meaning large notes, lie proposed we should start early on the Tuesday morn ing. towards Nelson, to intercept them. Burgees tlie leader, acceded to it, because there was a certainty about that, but none about the Bank at Picton. We originally started to rob the Bank at Picton, but in conversation with travellers, we found out there was a diggings at Deep Creek. Burgess asked me to assist him to find some knives, I did so. We ground two knives, one was a bowie and the oilier a large size butcher's knife. I should know both tiie knives again. A knife was handed to the witness by Mr. Shallcrass, ami tlie handle of another, which he said were the knives referred to. He said — I sharpened one oflhe knives. A Maori was present, who permitted us to grind. I have seen the mnall knife frequently, we used it at meals. The knife belonged to Kelly. The other was produced by Kelly, and was stolen from the cook in the Wallaby. The knives, when sharpened, were taken into the building. I next saw the knives on the Wednesday following; Levy and Kelly had them. I don't know what became of them. I did not see them again till to-day. At the Wakamarina we had two doublebarrelled guns, and two revolvers. Burgess carried them there. One was a plain common revolver, and the other a silver-mounted revolver. One of the guns was wanting in a key. I know the gun produced by two pieces of hoop-iron Burgess cut at Canvastown, in Jervis's store. I know the pistol now produced. It is small hair trigger, and is deficient, in the ramrod. Tlie barrels of the guns were taken out of the stocks, and rolled up in a shirt of Levy's. ; Uurgjss kept the two pieces of hoop-iron in his purse. Tlrj firearms were at the Grey, and taken on board the Wallaby. They were packed up in the swag and bedding, and covered over with an opossum rug. Whilst at Jervis's the knives were ground and we liad tea. Burgess cleaned, oiled, and loaded the two guns. One gun was cleaned on Sunday night when I was bad with dysentery Burgess loaded the pistols in my presence and in presence of all of us. I saw him load both guns with balls stolen from a shooting gallery at the Grey. They were rifle balls. Being small a quantity of brown paper was put round them. We got some pepper from an empty store. We placed in a paper. It was taken from a tin. The pepper was brought away with the provisions. I don't know where the paper came from. It was arranged we should leave early on Tuesday morning, to prevent any one seeing which way we started, but having no sugar we remained until Mr. Jervis got up to get some for our breakfast. We left about _\ to 8. We had to walk across tho river, on the road to Nelson, I met a man near the Pelorus-bridge. I think it was the witness Cooper. At the bridge a female asked me if I was one of the persons who camped there. Whilst talking the other three came up, and we sat down and smoked. I then proceeded towards Nelson. I- staid and made a fire about 11 or 12 miles from Canvastown, and 7 or 8 miles this side of the Pelorus-bridge. The others came up and took tea. Whilst having something to eat, an elderly, tall man came along,

carrying an old hag, and a new long-handled shovel. After he passed hy at close distance, Kelly asked if we took notice of his pockets. We saw a man on horseback that afternoon. It was one of the witnesses. He was coming towards Nelson. We went onto Franklin's Flat, to a place with deserted buildings, and stopped for the night. Next morning, about half-past eight or nine o'clock, we started towards Nelson, and came to our former camping place, at the rock sticking out of the earth. We put our swags in the bush on tlie upper side of _ the road. In a short time some men passed by, driving cattle from Nelson. After they passed Bui-gess got the firearms out and put fresh caps on them. He gave me a gun, that now produced. We were hid behind the rock. Burgess kept a gun himself, and gave Kelly and Levy a pistol each and a knife. Theknives are those now produced. Burgess had the silver -mounted pistol, and Kelly one called his own. Burgess then laid an ambush to intercept four men supposed to be coming from Deep Creek, putting us through a sort of drill, and showing us how to act when the men appeared. After clearing and making an entrance in the bush, on the upper side of the road, a few yards from the creek, a man came along riding a grey horse. It was Mr. Birrell. After he passed, Levy said to Burgess, _lathieu / s party was approaching, and he should go to recognise them : it was about one o'clock. I was stationed at the creek with a gun, on the Nelson side, Levy and Burgess were away, for about half an hour. Tliey returned in great haste, saying they had seen the men on the flat, and we sliould get ourselves in readiness. I called their attention to a man and woman coining down the hill on the Nelson side. I hid myself, and so did the rest. I don't know the woman. Kelly and Levy were placed at the rock, and I and Burgess at the bottom, from SO to 100 yards from the rock. Whilst in ambush I asked Burgess to allow nic to go into the bush with the men- He said the work was all laid out, and we had to keep our stations. It had been arranged I should take possession of the road, that is, to stop anyone coming along. The others were to tie up the men and take tliem into tlie bush. I was to stop anyone coming along, if they did not stop shoot them. While we were in ambush Kelly tried the straps from the swags, he wanted eight. Some of them broke. To make up the deficit ncy he asked mc for a sash lhat I wore. I gave it hitn and he added a handkerchief. I can't say whose it was. He fastened them round his waist and put a grey shirt over them. We remained in ambush till "the men came. Wlien they were about six yards from Burgess, he stepped out. There were four "men with a heavily loaded packhorse. I did not know the men. I stepped out with Burgess. Kelly and Levy came up with a knife in one hand and a revolver in tlie other. The four men fell back alarmed, when Burgess told them to bail up. I took my position on the valley side. The men put their hands up in fear, in a stooping position. I saw Kelly and Levy coming down the hill. Kelly advanced towards one of the men witli a beard, saying he was nearly a dead man. I had to pass on to the rock lo command the road both ways, towards Nelson and Canvastown. I could see towards Canvastown half a mile, but not towards Nelson. I left the three prisoners and the three men altogether. About five or 6 minutes'] after Levy came with the horse, and took it into the bush on the upper side of tlie rock. Me ssked neif 1 could see it from the road. I said no. He left ihe horse nnd went away. In about 20 minutes I saw a man coming from Canvastown, on foot, and a chestnut horse coming from Nelson. I saw nu rider. 1 hid myself in the bush. I heard a conversation, the word "no" passed. I could not make out the conversation, being too far. I did not know the men. About ten minutes after, I heard six shot fired in the space of about two minutes. The sound came from up the hill opposite where I was. 1 became alarmed and shifted my position to the valley, think'ng a general fight had taken place. About twenty minutes after I saw Burgess come out of the creek. I also saw Levy. At this stage of tbe proceedings the court wss ajdournel forhalf «n hour. It was now hajf-past 1 o'clock. On the Court resuming, Sullivan's evidence was continued as follows: — After Burgess came out of the creek I went across to him. On asking him the cause of the firing, he said, the others made a mess of it, I knocked my man over. He asked me what I was doing the other side of the road, at the same time whether I had searched the swags on the horse. I said no. He said it is a good job you havn't ; you need look at nothing except the portmanteau, in which there were 45 or 48 ounces of gold. It was opened close to the horse. They all came up now. The horse was where it was first taken. The things were taken off its back by me, in presence of the prisoners. In the portmanteau, was a leather satchel. Burgess took out two bags containing gold, and one containing penny pieces, one bag had more gold than the other. The satchel now produced I believe to be the same. The pence were thrown away. Burgess took three straps with him. They had initials , written in ink on them, about 4 or 5 inches from the buckle. Kelly cut the ink marks from one of the straps. The strap produced is like the one I saw Kelly cut. I have seen the strap in the hands of tho police, to whom Ide bribed it. I was left with Levy to pack the things on the horse, and Burgess and Kelly went to repack the swags, I was then sent on in advance. Before leaving I had no conversation with the prisoners as to the men. I was sent on with a double-barrel gun to stop anyone I should see on th. road. I went about half a mile carrying a small bmdle. I put a shirt about three ieet from the edge of the road, where I threw the gun and bundle. I threw the gun into the valley as far- as I could fling it. It was charged and capped. When Burgess put the gun together lie said, if this came off all right he v o ild not take the . gun any further, and said I

could have his gun. This was why I threw it away. I selected the spot for the horse which would not go down the hill. I went on about 20 yards further, and Levy tried to take the horse dovn the hill. Lavy got frightened, and Burgess led him down the hill blindfolded. He was being taken to the bottom of the valley and fell about 50 yards from the road, and could not rise. Burgess held his head and I tried in vain to get him up. Levy then came down with Burgess's gun, whicli had not been discharged, and I shot the horse in the star in its forehead. Burgess, Levy, and I covered him over with boughs. I was then sent ov a-head to make a fire and get tea. I travelled on to where I found an old chimney on the hill side. Having made a firo the others came up. Kelly and Burgess untied the swags, and took out some pocket hooks and three hags of gold. I was called to pick up some small heaps of money. I and Levy had been busy at the lire. I counted the money and found it £15 12s, which was a pound less than I was told. Burgess counted and said I was right as tomy portion and Kelly's. He and Levy had £16. The difference was to be made good next day. There was a number of papers, bills, and letters thrown into the fire and burnt. They laughed at me for attempting to put the purses in the fire, saying 1 must bury them, as they had brass mountings on theni. I put them at the foot of a tree and covered them over. We then went on to Nelson. We shunned the Ffirst liouse. At the second a woman came out, and told a dog to hold his tongue. The other three carried firearms. This was about 8 o'olock, and it was dark. In crossing the river Burgess and Levy fell, and got wet. We came on to the Maitai Valley, where Ivelly discharged his revolver. Levy's was Avet, and would not go off. We came on to the end of Hardy-street, where we stopped. Levy proposed to divide the gold, which was done. We were desired to keep separate. Kelly accompanied mc to the Mitre, where we arrived at 20 minutes after 9 by Mr. Owenjjs clock. Kelly stopped outside the door, and I saw him no more that night. Next morning the others informed me that they had stopped at an oyster saloon. I stopped at the Mitre all night. Next morning I saw Kelly. He coughed hut did not speak. I followed him to the corner of Trafalgarstreet. He said he was staying at an hotel there, and that I must introduce him at tlie Mitre as an old school-mate. I returned to breakfast. We had all agreed to meet at 10 o'clock, at the wharf. I and Kelly went there and Burgess and Levy came a short time after. Burgess said the gold must be sold in different lots, ea&h lot of a different quantity. I and Levy laid a handkerchief on the ground on wliich I saw blood. The gold was replaced in the bags. I called attention to the hlood on the handkerchief, Levy said it came off that* fellow he choked, and told nic to look on my sash as he had that too, and there might be hlood upon it. A stone was put in the handkerchief, and it was thrown into the bay. It had a large brown border on it. While Burgess was away with Kelly, Levy told me how they killed the men. I asked why he '-trangled the man, I thought they were all shot. He said, they took oue man away while Bur- j gess stood over the other three. Thoy said they were going to take them one at a time to a party j already bailed up ; having destroyed this man, Levy and Kelly returned, and told Burgess that Charley , should say, he had hotter let theni all go, as it was getting late. Charley was a supposed person mentioned to 'quiet the'fears of the other 3 men. Burgess told the men not to be alarmed at the sound of firoarms, as it would only he a signal to Charley to let him know they were all gone. The men then went away *quite cheerfully, each prisoner leading one. Levy said when Burgess discharged his gun he fired three shots nt his man, and covered him up with stones so that he would never be found. lie did not describe the place they had taken them to further than they had to pull them up tlie face of the hill. He said Kelly took a man away. AYe returned to town. I was sent to the Union Bank, and saw Levy go to the Bank of N. Z. We had three bags of gold, one was given to mc, one to Levy, and oue to Kelly. I sold mine at the Union Bank for £106 7s. 6d. We all met at 12 o'clock, across tlie river in a lane. Kelly had a receipt from the Bank of New South Wales for £76 odd. I cannot state Levy's amount The gold of tliree bags had been mixed up together. The whole amount was £220 odd pounds, of which the gold was £212. Afterwards Kelly produced some nuggets which were given to me to sell at the Bank of New Zealand. I got a receipt for £5 3s. 4d. which I tool: to Burgess, who took his and Levy's share, " and I took Kelly's. Ou the Thursday I purchased a hat at Merrington's and several other things. Kelly and Levy purchased some things. Next day I went -with Kelly to a tailor's and ordered some clothes. In the afternoon I put on the new clothing. Burgess put his on early in the morning, Kelly had new boots on early in the morniug. Burgess requested me not to call at the Oyster Saloon, where he was stopping. He said they had planted tlie gun and pistol in some nets they had been sleeping on. This occurred in conversation when we met. After the apprehension of Levy, Burgess told mc he had taken the gun and pistol away half a mile, where they were all safe. A piece was chipped off the left-hand barrel of the gun. On the Tuesday morning after Levy's arrest, Ivelly put a bottle containing something in a bush in a lane. The bottle was labelled strychnine. I saw Kelly take it from a log three miles frotn G ray mouth. Kelly always kept the bottle. _ I was never away from Kelly's sight except when in bed. Where I went he came. We went up the country with Potter. Sullivan's evidence was read over to him, hy Mr. Sharp, und signed by him as correct. Mr. Adams said he had no more witnesses, and he thought he had adduced suflicieut to , jusfity the magistrate in committing them for trial.

The prisoners were asked if they wished to make a statement. Burgess replied, he should reserve his defence till his trial. ....... Ivelly said : I know nothing of it. I am innocent. Levy: I have nothing to say at present. Sullivan : I have nothing further to say. The Magistrate then committed Burgess, < Kelly, Levy, for trial at the Supreme Court, on the 12th September next, and informed them that a special commission would be appointed to try them. Mr. Adams asked the magistrate if he would convict the prisoners in Battled case. The magistrate said he considered the evidence incomplete. At the request of Mr. Adams, the prisoners were remanded, in Battle's case till this day week.