This Day.

Nelson Evening Mail, Volume I, Issue 164, 13 September 1866, Page 2

This Day.

His Honor took his seat at 9 o'clock. The prisoners wore then placed in the dock, and the examination was proceeded with. Sullivan was the first witness placed in the box. Mr. Pitt biibmittecl that it was improper to call him till ;i prima facie case .had been made out against the other prisoners. It was for the Judge to decide as to the admissibility of the evidence. His Honor would be glad to hear any authority why the evidence of an accomplice should not betaken at this stage of the proceedings. Mr. Pitt cited several authorities, and contended that as the witness was charged with other offences, his evidence could not be taken. His Honor could see no ground for this ■ witness believing that his fate on the other indictment would, be influenced by the evidence he might give on this. I He should certainly caution him in "the most solemn I manner not to think so. Mr. Pitt said, Sullivan had confessed on the ground of the proclamation of pardon for the Maungatapu murders. His Honor said, then he was entitled to give his evidence. lie had already told him not to rely on an exemption from the second indictment. He should tell the jury that it was entirely a question of credibility. Mr. Pitt said his object had been gained in calling the attention of his Honor to the fact that Sullivan was indicted for another crime. His Honor said he was not certain it was in his power to exclude the evidence and if it was, he would not like to use the painful discretion. He cited arguments and decisions that had occurred in Charlotte Winsor's case, which was different from the present, and of such rave occurrence as to induce j the Court to admit the evidence, after having cautioned the prisoner, and told the jury to make it a question of credibility. j Burgess asked permission to question Mr. Adams i relative to some letters, and was told he might sub- ! sequcntly. 1 His Honor then told Sullivan that lie was under a fatal delusion if he thought Ins evidence would influence his fate under the other indictment. | Sullivan said : I will speak the truth. j Joseph Thomas Sullivan was then examined by Mr. Hart. He said : I arrived in New Zealand on the 10th April, 1866, in the Albion, at Hokitika. I ] became acquainted with the prisoners on the 27th ! April, at Ilokitika, I associated with them. I went ; from Ilokitika to Totara river with Levy and Bur- | gess on the 4th May, leaving Kelly behind. We reI turned on the 7fh May. Levy left us and went to the j Grey bv coach. Kelly was then at Ilokitika and I received us. Levy went by eoacti by himself. Levy J did not return for some time; we went for him. We j all met at the Grey on Friday, Ist June. We came to the Buller in the Wnilaby. Levy pive tickets to me. Burgess, and Kelly. My ticket was in the name [ o* William. I know the tickets. That produced is is the one supplied to me. I could not swear to the others. We stopped at the Buller Sk hours. "We { then came on to Nelson in the Wallaby. The money | was paid me, I don't know by whom. I applied to i Captiiin Palmer for four passages to Nelson, as we were short of funds. I received a letter from Burgess who desired me to go to Captain Palmer, of the Wallaby, to ask if he would give us a passage to Nelson. Burgess asked me to take a letter to the captain with this request —we were to supply ourselves with rations and support ourselves on board. I went on board and* gave Captain Palmer the letter, and had a conversation with him. He said he could not comply with it, and did not. Levy raised the money. I saw him borrow £2 from a Greek boatman whose name I do not know. He also borrowed money from a man named Chesterman. Burgess, Kelly and I came in the steerage. Levy had a saloon passage. We arrived at Nelson on Wednesday, June 6th. Levy took us to a boarding henisc in Bridge-street, kept by Mrs. Sharpe. It was in the evening. We staid that night and next morning, and had tea, bed, and breakfast. I saw Levy give Mrs. Sharpe £1. We left on the 7th, at Ito9 in the morning. We came out of the house i ogether. Levy arranged to see us to Picton overnight. Levy went up Bridge-street as we came out. Burgess, Kelly, and I had swags. We took Levy's bundle. Burgess had two guns and two pistols, some powder, bullets and caps. The guns were i double-barrelled, not rifles. The pistols were revolJ vcrs, one, silver mounted the other plain. They J :;;irh had six chambers. I saw the bullets. The gun univ produced is d;ie. I know it by a flaw on the stock. The second produced I know by the iron which fastens the stock, to the barrel, by the ramrod made at the Grey and by loss of the key. 1 know the pistol produced by the brass-work and loss of ramrod, the silver and general appearance also. I never saw a revolver of the same description and same kind of hammer. These were in Burgess's swag. My own swag contained two opossum rugs, a tent fly, a pair of blankets, and some flannel. In Kelly's swag was an opossum rug, outside shirt, flannel shirt, small tent, and some socks, no weapons. He carried a bottle in his pocket. In Levy's bundle were seven or eight pounds of biscuits, some tea, coffee, sugar, and butter. We started, I, Burgess, ■and Kelly, went along Bridge-street, turned up the Waimea-road, and met Levy on the road to the Maitai Valley. We started as if we were going to the wharf and in an opposite direction from that where we met Levy. I went ahead up the valley six or, seven hundred yards. I was talking to a man when they came up. " Three men on horseback passed me before this. They passed me from behind. I knowone of them, Mr. Birrell, who was with two others. They passed me together. The man I came up to was a miner, going to Deep Creek. lie carried a swag. I staid to adjust my swag. When the others catne up we all stopped to smoke. I had gone about

two and a half miles from Kelson when the other prisoners rejoined me, and a mile and a half when the horsemen overtook me. That day we went as far as the rock on the other side of Maung'itapu, and on the Nelson side of Franklyn's Flat. (Here the map was handed to the witness.) He continued : I see ttie rock marked on the map. We remained there Iliat night. On "Friday wo reached the Pelorus Bridge. We camped there that night. Next morning we left about 1 o'clock, and went as far as the Wakamarina River and called for a boat to take us across. Canvastown is on the Pelorus estuary. We . arrived there between 4 and 5 o'clock in the afternoon. We got permission from Mr. Jervis, a storekeeper, to remain in an empty store. We staid there till Tuesday morning, all except Levy who was sent to the Deep Creek on Sunday morning. He returned at half-past two on Monday. He was sent to see if there was any place that could he robbed. Pie brought a newspaper lo Burgess. It was a Marl borough paper. I can't say what. Levy said he stayed with two old acquaintances in Dunedin. He said they were going to the West Coast on Tuesday with two other men. 13 e saw a considerable sum of monoy with one of them, and some long tailed ones — a cant expression for large notes. They intended to start on the Monday, but had to stop to cover a store. They were sure to start on Tuesday, and it was possible they would bring all the gold with them. Burgess said he thought it would be bettor not to proceed any further on the road to Picton. Levy agreed to it, and ■urged the necessity of going buck on the road to stop these men. Burgess was considered captain or leader of the party. He said there was a certainty about that, and an uncertainly about Picton. It was proposed at first we should endeavor to rob the bank at Picton. Levy stated what took place at Mathieu's. It cost him 15s. there, but he had no money. He wished to ascertain what we had. Burgess had 45., Kelly, Ss., and I sixpence. Levy had nothing. Lvy was tired and lay down. Burgess desired me to come and assist him to grind two knives. Kelly wore one in a sheath, the other was carried in a bag with the provisions. The knives were called fossicking knives. They had large blades, but one was much larger than the other, a kind of butcher's knife. The knives were ground on the back and front, at a grindstone belonging to a Maori who gave us permission. We made both sides of the knives sharp. The sheath knife was Kelly's, tho oilier Levy brought from the Wallaby steamer. The knives produced ure tha same. The knives were taken back to thp store when sharpened. The guns wore cleaned, oiled, and put away on Sunday night, by ISuvgess. On Monday lihrht, ■when it was dark, I saw Burgess loud the guns with ball. He got a tomahawk and cut bullets for the pistols. lie stole iiis bulk'ts from a shooting gallery at the Grey. They were round bullets. I saw him take them. I did not see the bullets put in tiie pistols. The bullet produced is smaller than that taken from the shooting gaiiery. The bullets were 100 .small for the iuin<: and recriireil wadding. J did not take particular notice of the wadding, but 1 saw Burgess put :i piece of brown paper round a bullet for a gun. One of the guns had no key to fasten the barrel to the stock. Burgess got some hoopiro: 1 ., split it with a tomahawk, prior to loading the gun, imd fastened the bm-rei to the stock, lie then: put the pieces in his purse, in ray presence. When he loaded the gun the barrel and stock irere not attache:!. The hoopiron produced is the same. I select :i piece thi: other two pieces were cut from, and apiece that was rejected us being too thin for the purpose. Several pieces were cut and thrown aside. Burgoss loaded the pistols in presence of all of us. This was Monday night. Burgess took the firearms as a pillow to place under his head. They were placed in an old shirt of Levy's and wrapped up in oilcloth. It was arranged we should start before Mr. Jervis was up, that he might not see which way we shouid go. We could not start so early as we were without sugar, "which I had to buy with :•„ shilling given to me by Bitrgess. Wo started at }toB in tho morning, in the direction of Noison. We had to go down the river. On coming to the Wakaivmrina, we could not cross without a boat, and wo wen!: down to find a fording place. We- walked up the bed of the river after crossing. I me! the witness Cooper, tin; elder half a mile from Pelorus-bridge, and three and a half miles from the place where we crossed. 1 should not imagine it is four miles from Canvastown to Pclorus-bridge. Cooper had an axe on his shouklor. Later in the day, about two miles from Tiniinebridge, about 2 p.m., I met a man o:i horseback, more than halt- way between Pelorus-bridge and Franklyn's Flat, i should think it was two miles on the Picton side Timber-bridge. It was witness Galloway I mot, who was coming from Nelson. His Honor remarked that the distances had been taken on the map, as the crow flies, and that tiie chain distances were the best to rely on. Sullivan resumed : It was beyond the Tinline bridge where I met the man Gn horseback. I arrived at Franklyn's Flat about a quarter past 4. We all stopped there that night at a tent hi an ok! building. Burgess and Kelly had the firearms under their head when they slept. The tent could be seen from the road. We left about half-past Bin the morning in the Nelson direction, and went nearly a mile to tiie rock. We put our swags on one side in tho bush above the rock. 10 or 12 yards to the back. They containert bedding and firearms. It was about 12 yards from the track, on rising ground at the back of the rock. Three men on horseback passed towards Canvastown from Nelson. Two others passed leading their horses and driving cattle in the opposite direction. I imagine they were Maoris. They could not see us, we were hid behind the thick vegetation. there. There was thick undergrowth as well as timber. Burgess said we must now select places, and every man man must take hi3 position. Burgess cleared three places with our assistance, with hand

and tomahawk. An opening was made from the road towards the creek on the left hand-side, the higher side of the road: The opening was a considerable distance into the bush, and was passable to the creek. The bush was cleared midway between the rock and creek 14- or 15 yards back. Another place was cleared on the valley side of the road, and some dead bushes thrown up to form an ambuscade. After this each man iiad a station allotted him by Burgess. Levy was behind the rock to watch for the four men coming from Deep Creek ; Kelly on the valley side opposite the rock ; Burgess and myself at the bottom of the creek, below where the" place was cleared. Burgess and 1 were to be armed with double barrelled guns, Kelly and Levy with a revolver and knife each. This was the arrangement made early in the morning. We sat down for some time out of sight. Kelly proposed to get straps in readiness to tie the men, there being no flax, which he preferred, and we took the straps from oft' the swags. Kelly and myself took nine straps. Kelly tried the strength of the straps on his arm, and broke one. Some were too short and too thin. Kelly tried these. There being a deficiency of straps, Keily asked me for my red silk sash, lie put the straps round his waist and twisted the sash and put it over all. After this was arranged, we all went to the edge of the road. We had been two and a half hours at I the rock. We came to the rock side of the road where the swags were. Anybody could see us coming either way. We sat down in the sun and conversed a considerable time. A man ridng a bay horse came up the rise. I recognised him as Mr. Bin-ell, whom I had met the previous day. We hid ourselves behind the rock. Had he turned his head round, he must have observed some of us. We were not armed at. that time, not all of us. Levy and . Burgess had pistols in their dress. After Birrell had passed, Levy proposed to Burgess to walk down the road and see if the blokes were coming. They went. The guns were at the swags. They went down the hill. I went to the swags, and took a shirt, needle, and black thread, and sat down at the rock. It was a Crimean shirt with black spots. I was about to repair it when I heard somebody approaching from Kelson. I heard two persons talking aud drew Keliy's attention to it. 1 threw the shirt on one side in the bush, and went up to the swags where Keily was, and threw myself down. I left the needle and thread by the road. I remained a short time, and heard Burgess calling " Tommy."' A noise was made to draw their attention to us, and Burgess and Levy, who were behind the rock, on hearing ! this noise, threw themselves down. At that j I moment, a man and woman coming from Nelson, appeared on the abrupt rise. . As the road was sweeping they could not be seen till they came suddenly upon us. The man and woman stopped opposite the rock and looked about. They went on a little further, stopped and looked tip the hill, us if they heard a noise. 1 would not know the people ugtim. Burgess and Levy then said, there is no time to lose, every man to his position, they are coming. Levy saying he thought ha was observed by the four men coming from Deep Creek. Both said Lhey had gone near Franklyn's Mat, and had r-ivn the men ready to start towards Nelson. It had boon arranged that I was to stop them where the creek crossed the track, with the assistance of j litirgcss. on theXelson side of the rock ; at the creek ! between tt...u rock and Xelson. They were to be allowed to pass the rock. [Here the witness drew on paper a sketch of the position and handed it to the judge.] Where I and Burgess^was stationed, we ronld not be seen from the rock, in consequence of a hollow in tire ground. We posted ourselves according to arrangement. Burgess took from his purse tht* hoop-iron to adjust the gun and gave it to me, after iUstc-nmg it. lie took the pistol from the bundle :uul gave it to Kelly. As soon as the men were stopped, I was to proceed to the rock aud take possession of the road. Keily and Levy were to follow the men behinl after I and Burgess had stopped. I was to take station on the rock, because I could see 200 yards towards Nelson, by looking through ftn opening in the wood, and quarter of a mile towards Franklin's Plat. We remained a short time at our position as arranged, when the word was passed from Levy at the rock, " they r.re coming, be rcaiy." I asked Burgess to let me form one of the party to take the men into the busli. lie said no, the work is all cut out, and could not be altered. The men came down the hill and Burgess allowed them to come within 15 paces. They were walking two and two close to the horse, on the lefthand side o' 1 the road, the same side of the road as we. It wan a dark chestnut horse witli white on the feet, and a star on the forehead. Burgess stepped out, and I stepped out at his back, towards the valley. I saw Kelly with a revolver in one hand and a knife in the other, about eight yards behind the men. When the men were stopped they were frightened, full in a crouching position, and put their hands up, as we presented our firearms. The horse and the men were altogether, we covered all of them in the middle of the track. Kelly said you were nearly a dead man, old follow, I observed one man with a large beard, I passed to the rock at that moment. Levy closed in upon the men with Keily, and Burgess remained in his first position. At the rock I lost sight of all except Burgess. 1 then watched in both directions. After five or six minutes, I saw Levy, who came with the horse, which he took into the bush midway from where the men were stopped, on the left-hand side of the rock towards Nelson. After a short time he asked me if I could observe the horse from where I stood. He desired me to go in the road to see if I could see it. I did so, and eoi;ld not see the horse, and told Levy so. I went to the bottom where the men were stopped, and they were no longer there. Levy then went away. About 20 minutes from that time I observed a man walking in great haste from Franklin's Flat towards Nelson. I have heard Holler give evidence,

hut Ido not know if it was he. I heard a horse at the same time, and looked for a place of security. It was a chesnut horse. I went into the bush on the left hand side. After a short time I heard a conversation and the word " no" used. The voice came from the hollow in the front of where I was. I saw no tree over the track. The sound seemed to come from the road exactly opposite me. I could not hear the conversation. I renamed where I was till I heard the horse going :•„ way and a man coughing, ascending the hill towards Nelson. About tea minutes after, as I was in sight of the roarl I heard the report of a pun come from the direction of the creek in the hollo w nearer Nelson. I had my back to the creel: find the echo came down it. I heard five pistol shots -within the space of two or three minutes, almost instantly after the report of the gun shot. The last seemed more towards Nelson. I then shifted my position towards the lower side of the road. f was on the left hand side the road, when I heard the siiots. I got on to a fallen tree whence I could see the creek and the horse both, on the place where the horse was. About quarter of an hour after I saw Burgess emerge from the bed of the creek, with a double-barrelled gun in his hand. He made a noise, a kind of cough, to call my attention as he stood in the road. I came from the valley side of the road, and he asked me what I was doing there. I told him I became alarmed at hearing so many shots fired, thinking the parties had obtained possession of the fire-arms. He said no. They have made a b — y mess of it. His Honor here drew the attention of Mr. Pitt to the nature of the evidence, and wished to know if he objected to it on the ground that two of the prisoners did not hear the conversation. Mr. Pitt said, as the evidence given would apply to Burgess, it was within the hearing of the jury, yet he doubted if it was admissible. His Honor ruled that the evidence must be admitted, but it was for the Judge to inform the jury that they must not pay attention to any portion of it that applied to any prisoner but Burgess. There was no ground for excluding the evidence. Examination continued : Burgess said, I knocked my man over the first shot, where is the horse, we'll search the things. I said, I have not searched. He said, it is a good job, it will save a deal of time. Then the others came up. They were in sight all the time I was talking to Burgess, and heard what we said. We went to the horse. We looked at the portmanteau. The things were fastened on by straps, which I unfastened. There were bags and other things on a packsaddle, all iastened by two largo straps and cords besides. I examined the pack, and the portmanteau was opened by Burgess. Levy holding the horse's head, and Kelly standing by. Burgess, on opening the portmanteau said, this is what I want, taking out a leather satchel. He opened it, and took three bags out, two from one and one from another compartment. The bag produced answers to the description, the leather was then new, but I could not swear to it. Two bags from one compartment contained each gold dust. The other coins, such as pennypicces. I have no idea of the quantity of gold. On finding the copper he called the owner "needy," and threw them into the bush. He then called Tomnn'to come and do the swags up. Kelly and Burgess went away to the back of the rock where the swags were left. Levy followed. 1 complained I could not put the things on the horse's back, when Levy came to assist me after a little altercation. Burgess said "3> thought I saw some straps in that portmanteau." It was opened ana three straps were found tied up with twine. Kelly came up impatient to know what we were doing. I drew attention to some letters on the straps when the twine was cut off. I observed the initials of a name. Kelly took his knif'o and cut off two. Kelly said they wanted straps to tie up the swags, as they had left the others behind. The strap produced is one iron* which the initials were cut. I did the. things up, and with the assistance of Levy fastened them on the horse. A small parcel was taken from the portmanteau. I kept and put it away. Nothing but gold dust was taken away. After leading the horse I told Burgess the things were ready. He told me to proceed on the road. He said he had finished with the things, and had destroyed several articles. I was ordered to go towards Nelson to a spot likely for concealing the horse, and if I met anyone 'coming I was to let them pass and follow thom buck. The gun given to rao was almost worthless, and Burgess said if this came oft' ail right, it was to be thrown away. I left the horse in charge of Levy and proceeded 100 yards up the hill, when 1 thought of the shirt I had thrown away. I asked all of them if they h-ad seen it, Ono said, what do you want it for, you can get :i new one. I got my shirt and went on with my gun and swag. £ went up tlia hill about half a mile and put ray shirt in the under-' growth of the bush, on the right-hand side of the road. 1 threw the gun away below where- the shirt was. It was loaded and oayptil. I threw the bundle as near as 1 could where the gun was. There Burgess came upjwith a gun in his hand. Burgess asked me what I had done with the gun. 1 said, I havv thrown it away. He wanted to quarrel, but Kelly quieted him, saying it was on his own words I threw it away. I said so too, and that I had selected that place for the horse. I wished to save the horse, but it was impossible to take the horse off the road down ihe descent. I went ahead abuuc 150 •yards. To cause the horse to go down I blind-folded the horse Levy took it and it would not go. . Burgess became excited, took the rope from kt-vy's hand and weut before the horse. 1 made an oponiaj? about 3D yards down the hill* The horse stumbled on a fallen tree and fell down. We ttftild cot got the horse up. Levy brought the gun down. Burgess held his head down, and I shot him in the forehead. We covered the horse and things with boughs ' and dead limbs. Kelly remaining on the road. Wo came towards Kelsoa. I don't know who carried

the satchel. We met nobody. We camped at the old chimney about I past 5. It was very dark night. At 1 o'clock the Court adjourned for half an hour, when the examination of Sullivan proceeded: — - I made a fire and prepared tea. While so doing Burgess and Kelly undid their swags, Levy assisting to make the fire. We were both called to pick up some money lying on the blanket. There were four lots, in notes, gold, and silver, on a blue blanket. Kelly was on his knees, and so was Burgess. I was told by Burgess to take up one lot, so was Levy, the former remarking there was £16 13s. a piece. I took mine up, and counted only £lo 135., and noticed it. Kelly said he had only £15 13s. in his. Burgess counted the money and found only £15 13s. in each, lie asked Levy how much he had. Levy replied fourteen £1 notes and 2 sovereigns. Burgess suid he had the same. A mistake had been made. He had £16 13s. He thought he had 6 sovereigns. A light was brought to look, by a piece of "a letter lighted at the fire. A conversation took place between Kelly and Burgess, the former saying there were but 4 sovereigns which he took ' from the men, and he had them. Burgess said its of no consequence, it will be made all right to-morrow when the gold is sold. I then saw for the first time a bag containing virgin gold. A number of pocketbooks, purses, and gold bags lay on the blankets, one contained a ring. It had to be forced open by Kelly, who gave the ring to Levy, who said he was a judge of jewellery. He said it was sham, meaning base metal. It had a coat of arms, emu and kangaroo upon a shield. The papers were taken in a heap and put on the fire and destroyed. I was putting the purses on the fire when I was prevented and laughed at by the others. They were put into a satchel. Levy had some food, and a remark was made not to leave it. I was sent by Burgess to plant the satchel which contained the purses. I identify the purse now produced; it is changed in appearance. It contained the ring which was left in Levy's possession. I buried the satchel about 14 yards distant from the chimney on the left-hand side, near a tree or a stump; lam not certain, as the night was dark. There was a strap on it. I scratched a hole with my hand and covered it over with decayed vegetation. On returning I found Levy obliterating the traces of paper in the embers. Kelly and Burgess, meanwhile, bad their swags done up again. We then all proceeded along the road with our swags. Kelly being near-sighted, and the road dangerous over the high clifls, I had to lead him near the wall. I was ahead to enable the other two to sec me, having a, bundle of white calico on my back. We went very slowly for four or five miles in the dark, to prevent falling or death. We came to a refreshment house kept by Dwyer. A dog gave the alarm, and to avoid being seen, we kept wide of the track towards the river, on the right hand side. We parsed 50 yards wide of the house. We could see the lighi m the window. On crossing the river we made the track again and travelled on for a mile and a half, when aiming sharp round the corner where there is a deep cutting, I observed a man with a candle in a bottle coining towards us on the track. We all four returned and went back 40 yards to find a place to clamber up the j sides of the hill to hide ourselves. We remained { there a quarter of an hour without seeing the light j pass. I left Kelly and went in a stealthy manner. I told him a man had gone into a house there. We went along the road then, I taking charge of Kelly on the Avail side in the usual man- j ner. When we passed the house a woman came to the door and a small dog began to bark. A woman came out and spoke, and stopped its barking. A few yards further on is another crossing place. In walking quick with. Kelly, we crossed the river, and the others not seeing my white bundle, slipped, fell sideways into the river and got very wet. We proceeded on a good road, till we came to jSTeison, and had no difficulty with Kelly. On arriving at the open valley, we all walked together abreast, when within two miles of Nelson it was proposed to discharge the pistols. Burgess's gun having been discharged Kelly iired two shots from his revolver. Levy fired one barrel, could not get the other to go off as it was wet. lie tried others in vain. Kelly could not discharge one of his, and broke the point of a penknife in taking the hall out. We came on to the Hardy-street bridge, when we all sat down. Burgess desired each of us to go to a separate place, but cautioned us not to go to the Otago Dining "Rooms, as he was going there, no two of us were to go to one house. We undid our swags, took three bags of gold out. Kelly took one, Xevy another, and I a third. Burgess took the revolver from Levy, made a parcel in his ru<r, and rolled it up in a piece of black oibloth. Kelly put his pistol in a bottle in his swag, rolled up in a flannel shirt. He said, you and I will go ahead. Before this Burgess said we were all to meet at 10, the following-morning at the wharf were we landed. Sullivan was still being examined when we went to press.