RESIDENT MAGISTRATE'S COURT, This Day.

Nelson Evening Mail, Volume I, Issue 134, 9 August 1866, Page 2

RESIDENT MAGISTRATE'S COURT, This Day.

[Before J. Poynter, Esq., R.M.; His Honor .the Superintendent ; Messrs.. Barnicoat, . Sinclair, H. Brown, and others.] Burgess, Kelly, Levy," and Sullivan "were placed in the dock -and charged with the murder of James Battle. - ;■ Sergeant-Maj or Shallcrass sworn: I. am chief of,, police, Nelson. I received information from Sullivan that he wished to communicate something,- on June 28th. I afterwards had conversation with him. He made a statement relating to Battle. . I wrote it down.

. Mr. Pitt objected.to this evidence if^^jidrmssable, as a promise of reward had beefetieldpttiiby the Government. , . ?"« 'WM : < . . SergeadferMajor Shallcrass: Lheld omPjfo'threat or promise to him. previous to his makin^the statement, but I cautioned him that whatever he said I would take down in writing, and that it might be used against him. He said, "t am aware of that. I wish to make a statement." From the statement 1~ now read as follows: — Burgess, Levy, Kelly, and myself started early on the 12th June, from the Wakamarina. towards Nelson. : I walked on some distance ahead, and made a fire for dinner. My mates came up, and while we were at dinner an old man passed towards Nelson. . After he had passed, one of the party, I know not which, said, " Did you notice what a poke he had V meaning the bulky appearance of his pockets. I said, " Oh, he's an old ragged man, and not likely to have anything on him.". Levy remarked, "If I have my will, nobody shall pass today." I was deputed, being the fastest walker, to follow the man, and get him into conversation, to ascertain where he came from, and what means he waslikely to have. I overtook him, and conversed with him. He told me he had been working for Wilson, cutting flax, that he was an old whaler, and was going to Nelson for the purpose of geting a ship. We stopped for a short time at the Tinline Bridge. While there my other mates came up. The old man went on. . I told my mates who the old man was, and said he had got nothing. Burgess replied' it was a bad thing to let any one pass, he is sure to know us, particularly you. Levy said, I observed the bag in Ills pocket. Kelly said the same. I went on after the old man, got into conversation -with him again. Shortly after the others came up. Burgess said to the old man— Come, old man, I think you've got some , gold on you, at the same time presenting a revolver at his head. The old man drew a sheath-knife from his side' and resisted. Levy took hold of him and fastened his arms with a strap. The old man said, are you going to murder me ? He said these words in a very loud tone of voice. One of our men replied, we will if you let the pay out, "meaning if you hollow. Burgess then sent me up and Kelly down the road to intercept any person who might be earning along. Shortly after I came back again and met Kelly. I heard a noise in the bush like persons coming through the underbrush. This was opposite where the old man had been stopped. Levy was carrying a long handled shovel which had been taken from the old man, and Burgess had a revolver. Three £1 notes and a small quantity of silver were taken from the old man. Levy was the banker and kept the money. I did not know what had been taken from the old man till we camped for the night on Frankly n's Fiat. * The witness said, Sullivan afterwards told him where the body was to be found. He searched the spot, and the body was found in a few hours after by one of the search party named Baker. i To Mr. Pitt : Sullivan afterwards told me] they came on to Nelson. On the road he planted a shirt. A shirt has since been found. It has not been shown to Sullivan; at least I think not. It answers the description of the shirt he said he hid. I got the shirt from Constable Martens. It has been in my possession till yesterday afternoon. Dr. Cusack has it now. The reason this shirt has not been produced is that it has not been asked for. Everything else has not been produced. All the things that tended to corroborate Sullivan's statement have not been produced. To Sullivan : It -was the locality where the body was found that you described, not the spot. You said you had marked a portion of the aoad to guide me. Mr. Adams here stated that this was all the evidence lie had to offer. Mr. Pitt submitted that there was no evidence against any of the prisoners except Sullivan. His confession was against himself only, and not against the other prisoners. The Clerk of the Court then read over the evidence that had been previously taken. The witnesses were j J. Jervis, J. Wilson, D. Cooper, G. J. Baker, C. E. Cotterell, and T. Galloway. The Resident Magistrate asked the prisoners if they wished to make a statement, cautioning them at the . same time, that what they said would be taken down in writing, and used against them on their trial. Sullivan said: I have nothing further to add, ex- " cept that the statement I made to Sergeant-Major Shallcrass was rather brief, but I have given a more detailed account from the statements of the other three men, who told me, near the camp fire that evening, the mode in which the man was killed. I refer to the statement I sent . in to the Crown Prosecutor. Since I have been in gaol I have been threatened by Kelly and Burgess, on several pcca- . sions, that they would hang me; The Superintendent: Do you mean, hang you, or get you hanged? Sullivan: Get me hanged. They said to Levy, when he was taken to the gaol, that they knew sufficient to cook him, and told. me. not to be alarmed,, as they would cook him. Kelly has threatened me in gaol that he would see me hanged, and then squeeze my wife and children. I had to call to the warders for protection. Kelly on being asked if he had anything to say, replied, " nothing, lam innocent; " a statement which excited great ridicule in Court.- - Levy, in reply to a similar question, said, he had . nothing to say. ■ . . • . ; : . . Sullivan said Burgess had .composed a song to the tune of " Willie, we have missed you," in which he had abused his wife, and said he would see me swung .off. ■■„. Burgess said he had prepared a statement in writing which he wished to be made public. Sullivan' said' he had also another statement which he wished the Court to read before Burgess's was put ... in. ' " ■ ■ • ,'. - ' The magistrate read Sullivan's statement, and said-

it would- be. attended to and inquiries would be made about it.' Burgess said he wished his statement to be read in the absence of the other prisoners, except Sullivan. The magistrate said he had no power to exclude the other prisoners. . . Burgess then commenced reading what he termed his confession. The reporters' table was placed at such a distance from that part of the dock where Burgess stood, and he spoke in such a subdued tone, that our reporter was unable to hear the whole of tiie statement, and after making several ineffectual attempts to take down the confession, gave up the effort in despair. We presume we shall be permitted to copy the confession from the official document, and be enabled . to place it before our readers to-morrow. At the commencement of his statement, Burgess said he had been induced to confess through the instrumentality of a minister of religion. The first part of the statement was full of scriptural quotations, and the gist of the whole of it was to throw upon Sullivan the responsibility of the . crimes with which he had - charged his associates. Burgess had not finished his statement at the time of our going to press.