The Nelson Evening Mail. FRIDAY, SEPTEMBER 14, 1866.

Nelson Evening Mail, Volume I, Issue 165, 14 September 1866, Page 2

The Nelson Evening Mail. FRIDAY, SEPTEMBER 14, 1866.

SUPREME COURT. CRIMINAL SESSlONS.— September IStii. [Before his Honor Mr. Justice Johnstone. J R. Burgess, T. Kelly, and W.. Levy were charged ■with the wilful murder of Eelix Ma.thieu on the 13th June last. Continuation of Sullivan's Evidence. The following morning I saw Kelly standing at the corner of the street, about 20 minutes to eight o'clock. He beckoned, Ifollowed him down towards Trafalgar-street, on getting to the corner, he said he J wondered where i Dick- and Phil had got to. We passed the Otago Dining Rooms to see it' we could find them. We did not see them. Kelly had new boots on which lie had not the night before. I went back and promised to meet Kelly after breakfast. I came out and found him waiting, about nine o'clock. He asked me to go to a draper's shop with him, [ did, and procured a hat for myse'f. It was in Mr. Merrington's in Bridge-street. Wa then took a bus und went down the port, to tne whirf. wherh wo remained till 11 o'clock. It was the wharf at which we landed. Burgess and Levy came down there. I did not know the former, his dress was so different. He asked us where we were staying, I .said. I was staying at the Mitre, Kelly told him lie was staying at Carter's-, Burgess said, he and Phil were staying at the fisherman's, sleeping on some nets. He said it was a rough place to stop at, but a safer one than an hotel. After conversation lie said to l J hi!, go on one side and put that gold out, the same amount in each bag. He said he wanted to speak to Tommy I and Levy went f>o or 60 yards along the beach, where there was a recess in a cutting. Levy laid down a handkerchief with a brown border, and emptied the three bugs of gold on it, my bag, his own, and the one Kelly had just given him. It was mixed up together and then put back into three bags in a careless manner. Kelly gave his bag to Levy when Burgess said he wished to speak to Tommy. I drew Levy's attention to blood on the handkerchief. He said, you had better look at your sash, which was on my body, Kelly hud given it back to me when he came to where the horse was. I had not looked at it. He put a stone in the handkerchief and threw it into the sea. ile then told me the blood came from the fellow he and Tommy had squeezed, which meant strangled. I never heard it before. I asked him why there was so much firing, and he related to me the manner in which they destroyed the men. It was at the time I have referred to in the morning. Mr. Pitt submitted this could be no evidence as against Kelly and Burgess. His Honor said he should direct the jury in the matter, but he should not exclude the evidence. Examination resumed : I asked the reason of so many, shifts. We bad no time to converse the night before. Levy told me one man was taken away to hand him over to a fictitious person named Charley, who was supposed to be in the bush. Burgess told him in presence of the men to take them away one at a time, as it was difficult to go in a body; they would be taken and handed over to Charley. There was no such person. Levy and Kelly, he said, took a man away and squeezed him. They came back and told Burgess Charley said it was getting late and he must let them all go. Burgess suggested the men should be parted from where they were sitting at the bottom of a hollow tree and let go. Burgess told the men not to be alarmed if they heard a gun shot, as it was only a notice to Charley that they were going. They each took" a man away. Levy said he fired three times at his man. Burgess took his man to where the man was squeezed, and Levy called his attention to it. Levy said he himself fired three times, and Tommy took his man. Levy said he covered his man up that they would 1 never find him. He said it was stunning to see the job they had to get the men by the scruff of the neck, up the creek. After that Burgess and Kelly came and joined in theeonversation. Kelly heard Levy tell me, and laughed, saying if it -was found out .they would think it was the Maoris. Burgess then inquired what banks we were going to, as tAvo should not go to one bank. It was arranged I should go to the Union Bank, Levy to the Bank of New Zealand, and Kelly to the Bank of New South Wales. Burges3 told me to take particular notice of the place and how many persons were inside. Each of us then took one'bag. I and Kelly took a bus, which stopped at the corner of Hardy and

Trafalgar-streets. I had to ■ screen Kelly from Trimble's hotel.' He said Trimble was formerly a police officer, knew him, and would not sleep in his bed if he knew he was in town. I showed Kelly to the Bank of Ncav South Wales. Going into the Union Bank, seeing some gentlemen there I Avould not go in: while standing there I observed Levy go into the Bank of New Zealand. A feAv minutes after, I entered the "Union Bank and told them I had some gold for sale. It was cleaned and weighed. Burgess had instructed each of us to get a receipt, Avith the amount of gold and the price given for it. The gold came to £106 7s. Cd. The young man asked me what name, and I gave the name of Everett, which I saw on the door of an hotel as I Avent in. I took the cheque and obtained four £10 notes, 60 sovereigns, a five shilling piece, and half-a-------crown, and got a receipt for the amount of gold and the price given, which I put into a bag and took home with the whole of the money. The bug Avas a digger's gold bag. 1 returned to Bridge-street Avhere I met Kelly. He had made more purchases. He had a new "cap on. He said you had better get certain things, and introduce me to the young man at Merringtoii's. He asked the young man to shout some sherry, saying, he would be a good customer, and bring his mates. The young man brought a bottle of sherry, and we each had tAvo glasses, I purchased some things. Levy came along, and Kelly fetched him in. He purchased a new hat, and inquired if they made clothes The young man said they did. More sherry Avas given, and Levy said he ' would come and get measured. We met at 12 o'clock at the top end of Bridge-street. I did not know Burgess, he was so changed. He had a new suit of clothes, and his whiskers Avere altered since the morning. He had new boots and shirt. We turned up a lane to the left hand, sat down, and each man -rave Burgess the money and receipts from the different banks. He looked at them and said they were correct, as he had the Aveight which he found last night, in a pocketbook. We then sat tiown on the grass, all four of us. Burgess emptied the Avhole money out on the ground, U3 AA'e sat facing each other, and looked at by the boys coming out oi school. lie complained of me for bringing gold. I said it was more negotiable than notes. The money was divided into four equal parts. Mine avus paid in gold. I don't recollect the amount exactly. I had fifty odd sovereigns. Kelly said his share avus .£(iO odd, and Levy's £40 odd. After the money was given, Kelly made a report on the bank of New Soutli Wales, according to 'his instructions. He wished Burgess to go and visit the bunk. He said there were only two men and' a boy behind a bit of a screen, and it Avas the easiest place to rob lie hud ever seen. Had we known it there was no occasion to go so far. Burgess was at a loss how to go there. He said to me, give me some of those sovereigns and I Avill give you big notes. He said he hail instructed me to get £20 notes to secrete on our persons if anything happened. He suggested we should secure each of us a £20 note inside "our flannel shirt, in case any accident should happen. I gave him 40 sovereigns, and Kelly took five flat pieces of gold from his waistcoat pocket, and one small specimen of gold in quartz. The stone Avas broken and the gold picked up. Kelly said to me, you may as well go and sell the gold and show Dick AvhereVne Bank of New South Wales is, and evade Mr. Trimble's house, lest he should see Burgess. I Avent round the back Avay and showed Burgess the Bunk of New .South Wales, and proceeded by the bank of New Zealand, promising to meet near the church steps. At the Bank of Ncav Zealand the young man asked me where the gold came from. Kelly had told me such gold was found at Jones's Creek, West Coast, it Avas remarkable gold. Kelly told me this in case of questions being asked. I told the clerk the gold came from Jones's Creek. He looked hard at me and doubted me, and called another young man, who looked at the gold and said it Avas worth only 735. per ounce. The other gold fetched £3 los. fld. I Avas going to accept, and he detained me till he sent for the manager. I remained 20 minutes, and thought they had sent for the police (laughter). The manager s.w the gold, and the youngman told me only 735. per oz. It came to £5 3s. 4d His Honor suggested that the unimportant portions of the evidence of this Avitness might not be corroborated, and might possibly be excluded. He would not stop the evidence but he woxild watch it. Witness: I gave Burgess £2 Us. 6d. at the corner of the street, as half of proceeds for himself and Levy who living together. I gave Kelly his share. We both purchased more things from the same linen draper. I then cleaned myself and spent the renusinder of the day with Kelly. Next morning we all met and took a Avalk tOAvards the cemetery, and discussed the mode of robbing the Bank of Ncav South Wales. In the evening Kelly ordered a pair of trousers at a tailor's shop. He Avished me to have a pair and I refused to give an order. I saAv Kelly every day till 1 was arrested on the 19th June. Levy was arrested on the Monday night. I saw Burgess and Kelly arrested at different periods of the evening, on which I Avas arrested. Burgess gave me tAvo £20 notes from the gold I brought him. He gave it me in the street on the Thursday, after coming from the Bank of New South Wales. I srav Kelly's knife that was broken at the point. I have never seen it since, when he rubbed it on a htone on the 13th, when Ave wanted to discharge the guns. The knife produced is the same. We brought a turkey from l J elorus-bridge, and Avanted to steAV it doAvn. On arriving at Jervis's store it smelt strong and bad. There was a canister of pepper there half filled. I fetched it from the store that we were first shoAvn to by a Maori employed by Mx. Jervis who took it across . the river. We used some of this pepper. The tin Avas thrown aAvay and some of the pepper put in paper Avhen Ave packed up to start. The turkey was put into a newspajjer by" Levy when we started. Kelly goes by the names of Thomas Noon and Han-

noh. He assumed that of Kelly in Otago. At Hokitika lie Avent by the names of Noon and Kelly. His Honor told Burgess he was allowed to crossexamine Sulliyan. Burgess said he knew not what limits would he prescribed to him ; all the questions he put would be to further the ends of justice. His Honor said he must confine himself to the facts that had appeared in evidence. Sullivan: I arrived in Tasmania in 1840 a prisoner of the Crown. I am an expired convict of 26 years standing in the colonies. I arrived by the ship Canton. I was tried at the Central Criminal Court, Old Baily, for robbing a shop. I don't know whether the sentence was seven years or longer. I was sent to no penal depot. I did my time first at Newton. I was at Tort Arthur in 1848, eight years after my arrival. I was five years a prisoner in Van Diemen's Land. I was never convicted a second time, nor have been charged with felony for the 18 years I have been in the colonies till I came in connection with these men. I was sent to Port Arthur in 1848 from Victoria. I was never in the bush, nor took a boat while a penal prisoner. I arrived in Victoria in 1 8 43. I was an escaped conviet. I got there as a passenger of a ship. Mr. John Crooks was my employer in Luunceston in 1850, 1851, 1852, and 1853. I left Tasmania thinking I would not be missed. I was informed against by a person I employed to keep quiet, sent back, and.got a nominal sentence of a year in consequence of previous good character. I never got an hour for robbing my employer. I came to reside permanently in Victoria 20th September, 1853. I went to Sandhurst. I went to Wedderburne in 1 854. I was not away from it more than a week at once tili I came to Hokitika and met you. "Whilst at Wedderburne 1 was stuck up and robbed by some bushrangers whom I know. Two were executed and the other is doing penal servitude. They stopped about 30 men that day. I informed the police. I had no bad motive in giving information ; it Avas to further the ends of justice. One police got shot. I did not know Gypsy Smith. I knew Turner who kept a store in Sandhurst. I was • not caricatured at Wedderburne in the act of choking two men — at least to my knowledge. I was not suspected of stealing horses on the West Coast to my knowledge. I know nothing of a caricature alluding to my wife, and I hone his Honor will not allow my wife to be alluded to.* His Honor: You must answer all questions. Sullivan: I will answer all the questions. His Honor told Burgess he must confine himself to matters pertinent to the inquiry. A witness was not to answer questions relative to other crimes. Sullivan: I had no female at Hokitika. You got acquainted with me in this way: I went to the theatre, and began to spend money. I observed Kelly and Burgess there. Levy introduced me to three men on the 27th April, at the house of a person named Solomon. Levy told me they were lucky diggers who had claims at the Kanieri. I charged a man with robbing me of half sovereign, on the 2Sth April. I did not prosecute him because you and Kelly took me away. I did not go to rob Mr. Parr; I went with yon and Levy to rob Mr. Kerr. I got in your power and that of a constable, this was my reason for lending myself to the robbery so easily. On the 7th April Burgess took me away in a boat, to the South Spit, to prevent me prosecuting a man. I came home the worse for liuuor, and he left me in a house in u hack street, and I lost sight of him. £5 was given to me for not prosecuting, and I was told it was part of the proceeds of o. robbery. 1 was willing to go to the South Spit. I was a witness in your behalf when you were tried at Hokitika for stealing revolvers and clothes. I swore you were in my company when two revolver cases were found by a man named Charlatan, and given to you. I refuse to say if it was the truth. I went to the Grey with you, and put up at the Provincial. I stopped there till next morning, and came away ivitli Kelly. I went with you to rob Mr. Wilkic. on Sunday afternoon. I saw Mr. Dobson lying dead in the bush, shown me by two men. His Honor said, the questions had a drift beyond the purpose of this investigation, and he thought it was carried too far. Sullivan : It was Monday, the 28th May, seven miles from Grey mouth. I have charged Murray or Wilson with the murder, or I have given information relative to the murder of Mr. Dobson. He was one of the two men who pointed out the dead bodies. I went with you to rob Mr. Fox, at the Grey, I and two others, on the Wednesday and Thursday after ! 1 lie murder of Mr. Dobson. I did not carry the fireii cms in, Wilson did every night. I took them on huun) the Wallaby, on going to the Buller. I have given no information against any one in particular about these arms. I have informed against Mr. De Lacy. I saw him the day before Mr. Dobson was murdered. I have not been charged with that murder. I proposed nothing to you about stealing gold from the Wallaby and taking the ship. I took no knife from the Wallaby. It was Levy whoj took it. The knife handle now handed to me Avas produced before the magistrate. I saw a handle very much like it on the Wallaby. I took notice of the marks. The handle is the same size. I told Mr. Jervis I had been three months prospecting at the Buller. I was instructed by you to say so. I assisted to grind the knives. I can't say which. You and I changed about the grindstone. ' I anticipated assisting to rob the storekeeper on the Tuesday. I got wet in crossing the river. I spoke to Mrs. Cooper at the Pelorus bridge. I did not stop Battle, murder him, or see him murdered. His Honor here said that Burgess was attempting to do more than defend himself in this particular case. ' Sullivan : You cut the bullets for the pistols ;in Mr. Jarvis's empty storeroom on the Sunday night. A bag was put to the windoAv to prevent any one seeing Avhat we were doing. I can't tell why I was not alloAved to go in the bush with the men. I waa

a slave amongst you. I was not in your confidence. [ did not stop Moller, because I thought he would be sacrificed as the old man. His Honor again said the question and answer were alike improper, and requested Burgess to confine himself within proper limits. Sullivan: I hid the shirt to be enabled to discover where the gun and bundle were, or tell any other person where -they were. I was deputed to hide the satchel because I was doing nothing and the others were busy. I gave Mrs. Owens a speck of gold weighing 2or 3 grains. I knew how the gold was obtained. I had none of my own. I don't know what I told Mrs. Owens: there was a deal of idle talk. [ might have said I was one of a party who got 700 ounces of gold at the West Coast. I told Mr. Owens on the 14th, when he said he saw me at the Fort, that it was possible he did see me. 1 did not tell you on the 16th Mr. Owens had sent telegrams to Hokitika. I would not go to you at night. We never assembled but one evening; that was at Edwards's store, on the 15th June. Burgess quarrelled with Kelly, and threatened us both. I avoided him after at nisht till the night of our apprehension. I was at Potter's on the Friday night. The missing men were not spoken of. On the Monday I heard them spoken of. Mr. Potter did not point to me jocularly as the murderer. I did not hear him. I did not steal a Macintosh from Merrington's store while buying goods. I don't know what I said to Mr. Chesterman about gold. I did not walk to the beach with you after Levy was arrested. On Tuesday, the 19 ch, I saw you in the yard of the Oyster Saloon. I hired a horse from Newton's for you. I rode with you and stopped at the turnpike, Waimea-road. 1 rode after Kelly, Potter and wife, who had gone on in a trap. We stopped at the turnpike. A female made a remark about the missing men, saying the police had gone up the road after some suspected person. I did not say one|rnffian was apprehended. I got off at the Turf Hotel. I there exchanged horses with you. I told you Mr. Owens had no suspicion of me. He asked me to ride with him to the Maungatapu to see if we could discover any traces. Miss Owens might have nsked me. I drew the money I had deposited with liim, at your request, because you wanted to go away. You said you were afraid to stop at the oyster saloon, as Phil was pinched over-night. I was willing to go with you. I wanted exercise. I did not see you shake hands with Kelly on Tuesday night. I did not go to the oyster saloon at Constable Murphy's request. When examined before the magistrate, I was rsquestcd to represent the party. I was to conduct the case for all, and ask the bench for a legal adviser. When Mr. Pitt came lie went to Eurgess instead of me, because I would not trust him. I was waiting to g'ive information. I was not in a position to do so before, so as to further the ends of justice. I should have given information had I not been arrested. I diet not tell where the remains of Battle were to be found. I told when I last saw the Deep Creek party. I did not say there was blood on my shirt. I described the locality where the pistols and strychnine were to be found. Burgess here said the witness knew too much for 3iim, and he would not ask any more questions. On being told by his Honor that lie must finish his questions to-night, and not resume them in the morning. Burgess asked a few more questions of an unimportantjeharaeter, which were answered b} r Sullivan with the greatest readiness as were all the questions put to him. His Honor then adjourned the Court till this morning, saying Kelly would then go on with Iris cross-examination. This Day. His Honor took his scat at 10 o'clock. Sullivan was placed in the box and cross-examined by Kelly. In reply to questions put to him, he said : All I have stated at this trial is true. What 1 have said about you is true. I have said nothing about Mathieu that I know of. I first saw you the 27th April. I never saw you in London, or wont to the same school with you in England. I have not been to school since 1527. I made a confession to endeavor to bring' you to justice and convict you if pos- I sible. I had no other motive. From the first I could ] not lose sight of them. My sole motive was to assist justice. X was not aware any pardon was then offered to me, or inducement held out to me. No inducement was held out at any time. I was in the lock-up eight days before I made a confession. I waited to see what witnesses the Crown would bring forward to assist me, before I laid the information. I saw no bill while E was in the cell. I could not see it, and did not read it. The bill was on a door in the passage of the cell. 1 first saw the bill on the 20th June, but could not read it. Burgess read the bill to us, but before this, I had made several applications to give information to the chief of the police. I told the sergeant, I wished to write a letter, and to see the chief! I heard a reward of £400 was offered to any person who did not imrticipate in the murder, and who would make a discovery of the bodies. I heard Burgess read this. I did not expect any portion of the reward, the words of the proclamation excluded it. The Search Party went out the day of our arrest. I did not hear any property was found before 1 made a confession. I will swear you and I were not told by any person some property of the deceased had been found. We were all in separate cells, but we could hear each other if we spoke in an ordinary tone. I did not think the men's bodies would soon be found. " You said the place was too inaccessible. When arrested for murder I said it was a novel charge. I was sitting down and waiting to be arrested. I could have escaped if I wished. I had plenty of time. Saw the others arrested and knew a constable was sent for to arrest me. I did not say I would not go till I had something to drink. It would have been dangerous to confess when I was arrested and to have placed myself in a false position. I hud no motive but what I have told vou, or I would have given you all in

charge when we came to town. I never thought Burgess would confess. We had a conversation in the cell, and agreed if we kept our tongues still we should not be discovered. You said by this you and your brother were acquitted of the murder of Mr. Marcus in Victoria, in 1852, and the other man was executed, by keeping your tongue still. It was not safe to make a confession earlier than I did. This was why I left the bodies of the men on the hill, exposed to the elements and animals, and as the mischief had been done. Before making a confession I had been sworn to as having been seen on the road. I was waiting before I confessed to see what action the Government would take in getting Avitn esses together and connect the case. I did not wait to see if any person would swear to you. We had all been sworn to before, It was not because I wished to hear the statements of the witnesses. I knew we would be sworn to, as a sailor who came in tbe Wallaby told me he knew us all. This was at Owens's hotel on the Tuesday morning. I never spoke to Mr. Moorhouse that I know of. Several gentlemen came, but they did not converse with me. I did not abuse Mr. Moorhouse for looking at me, and ask him "who he was for looking at me. When Mr. Jervis said in the watch-house he wished he had poisoned me I was angry. He said, " How are you ?" I said, "I am better." He said, "I wish the brandy and pepper I gave you had poisoned you." As he was leaving the door I did not say my wife gave what would poison all the Jervises and Owens in New Zealand. I was spoken to about the missing men on Tuesday, the 19th, by Mr. Owens, who asked me to accompany him in search of them. When Mr. Potter drove you and me out for a ride I never heard the missing men spoken about. No action had been taken in the matter then. lam aware Mr. Potter is a witness in this case. I did not tell him those Nelsonians make a deal of fuss about missing men ; in Victoria they would hear of missing men every week. I did not converse with him on the subject. When Ave were riding with Mr. Potter on Sunday I did not hear a person tell him that all the people ought to turn out in search of the missing men. You told me Potter said so on the Tuesda} r , but not on the Sunday. I did not hear the missing men talked about at the places where you, I, and Potter stopped on the Sunday. The thing was not well known in Nelson on the Sunday we dined at the Bridge Inn, when I did not hear a word mentioned. When I went to make a statement to the police I had a £20 note in my mouth belonging to the murdered men, which I gave to Mr. Shallcrass. You and Burgess had a £20 note each. While in the lockup I had it in my mouth. I gave it to Mr. Shallcrass in his office. From the time of my landing in New Zealand to the time of my arrest I wrote letters to my wife from Hokitika, Greymouth, Mrs. Sharp's, Nelson, the gaol, and letters to magistrates at Wedderburne, and to Government officers in Nelson. I was tried before the magistrates I have written to for an assault case. This was how I became acquainted with them. I believed the missing men would be found during the excitement that prevailed, but you said they would never be found. I never said I believed they would not be found. (His Honor referred to his notes, and said the witness said he took Kelly's word for it, that they would not soon be found.) I have thought of my wife, and have been nervous ever since I have seen you. I thought I was a very bad man, before making my confession, because I had become acquainted with you. I slept in Owen's hotel, in the same room with a butcher, on the 13th, and not in a garden. I gave my boots, pea, jacket, and drawers to the ostler, at Owens' hotel, on the 1-ith June, to throw away. You never told me you saw a constable taking those things to the watchhouse. I showed you my bedroom at Mr. Owens' , on Friday. You brought a macintosh with you. I told Mr. Owens I had asked you to stop with me, and have a bed in the same room. I have subpoenaed some witnesses in this case, or they have been sum- j moncd at my suggestion from Hokitika. I had a i pair of cloth trowsers, flannel, and other things washed in Nelson, on the 14th. I did not snbpcera the woman who washed them, it was not relevant to the case. Whilst in town, I had some rides, games of skittles, and plenty of sherry with you. I used to play cards for drinks with Mr. Owen? or :>ny one else. I have made an information and a. detailed statement of 32 pages to Ms Honor the Superintend- | ent of all the circumstances since I have become j acquainted Avith you. I know not if any of my J letters have been intercepted by government officials j before my arrest. I told my wife you supplied me with any money I required ; this Avas written and posted by me at Greymouth, on the 20th May, and Kelly read it before it was ?ent. It Avas written at the 3ictation of Kelly to calm my wife's fears. I j don't know how man.y witnesses had sworn to me j before I made my confession. I made my first statement to Mr. Shallcrass, on the 28th June, after the first examination before the magistrates, on the 26th. I heard a number of witnesses examined before I was myself. The v roper tj that Avas shown to me as belonging to the missing 1 men, at my examination as a witness, was a strap which I iescribed to Mr. Shallcrass previously. It was brought and I recognised it. This is the only article that Avas shown to me from the time of my arrest to being placed in the witness box. I have since seen property in the possession of the police belonging to ourselves. I can't say how long I Avas in gaol before my irons Arere knocked off. I haA r e been furnished Avith rice and milk by the medical officer. I have seen no papers or copy of the depositions. I never saAv any gold Avith j-ou till I saAV it in Nelson. I uever went with you Avhen you sold gold or purchased jewellery at Hokitika. I never went -with you to any jeweller at Hokitika to sell greenstone. I Avas never warned, except by iris Honor, not to criminate myself. I haA r e been A'isited in gaol hy the Superintendent, visiting justice, medical officer, a commercial gentleman, from Victoria, and a person

Avho came in the steamer with me. Before: giving . evidence, I cross-examined Mr. Jervis, through.' Mr; Pitt, who was our counsel before the .magistrate. . The question was to show animus about poison.. Mr. Owens was asked a question you desired Mr. Pitt to. put, about sending a telegram: to the West Coast, after four Germans supposed to be the murderers of. • these men. I never believed you could . prove an . alibi, I was quite positive you could not, as you have, never been out of my sight. At Hokitika, when giving my evidence on oath, I deceived the magistrate and j ustice, by giving statements in behalf of Burgess and Kelly. The statement was not true. I swore to a false defence, under coercion, when they. . were charged with stealing arms and clothea .from the police camp. The Crown prosecutor visited me. in the gaol. Kelly said he had other questions to put, but he did not think it prudent to put them, in consequence. . of his Honor's noting. His Honor said: He would offer no obstruction to the questioning if it were confined within . proper, limits. The Court sat not for the purpose of convicting the prisoners, but for investigating the facts relating to the crimes with which they were charged. Kelly would not be allowed to question Sullivan . again, and to remove all causej or ground of complaint, he Would allow Kelly a few minutes to re-con? sider the determination, after which his cross-exami-nation of Sullivan would be concluded. His Honor then left the bench for a short time. Kelly's crossexamination had lasted an hour and three quarters. On the Court resuming, Kelly declined putting further questions, and Mr. Pitt cross-examined Sulli- ' van, who answered as follows: I suffer from bile,. sick stomach, and other complaints. Dr. Vickerman gave me nothing to wrap round my head. I . have been ill 10 or 12 years. My illness was. not occasioned by sea water in crossing . from. Tasmania to Victoria. I first knew Levy on the . 27th April. On the 3th May he went to the, G-rey. I was with him before this and travelled, some miles with him. I saw him on the lsi June in the Wallaby. In the interval I knew he left the Grey. In going from/the Euller to Nelson X slept below. It was very wet. We were only one night on the passage. I had blankets ' to cover me, not Levy's opossum rug. He had none. We had. two opossum rugs. I know not whose, they were. I used none. Kelly and Burgess brought them on shore. I brought a bundle only. Levy brought nothing. He acted the gentleman and came in the saloon. We carried his swag. Burgess alone signed the letter to Captain Palmer of the Wallaby. The names were fictitious. I paid no fare, and don't know who did. I was told it was £1 each. I saw Levy playing cards almost all day in the saloon. We could look through the windows. I saw no drinking* Levy paid for one glass lor me. I know not where the revolvers came from. After arriving at Nelson I know not if Levy went on board the Wallaby. If he went it was in the night. We stopped at the rock the first night and at Franklin's Flat the next night. I was not troubled with my head. When we cariiped at the Pelorus on the Friday when tbe turkey was stolon, Levy got the provisions from Mrs. Cooper, including 2 clueks,-2 pigeons, and a pint of milk. I saw Levy with a paper, and read the advertisement of the bank at I-icton. They paid 2s, for crossing the Wakamarina in a boat. I don't know who paid it. I don't know how much money he had at Deep Creek except from his own statement. When ho came back he said he spent 155., and had no moneyl J He said he had seen the long-tailed ones at Mathleu'sl I had £15 13s. at the chimney. I don't know "what the others had. I had 1 5 one-pound notes. Burgess proposed we should ;:o no further, when Levy made j his report, and suggested that we should . intercept the men, as there was a certainty about it. Levy ! said Deep Creek was a miserable hole; there was no rush there. He got his information from the Maoris. When we ground the knives J^evy lay down! ' When we left we had only ss. 6d. One shilling was paid the previous night. We took nothing from Jervis's store, I saw a book there — an English grammar,' which Kelly took from one store to anotiier on the Sunday. ! I did not use the pepper, they did at every meal. "l had dysentery on the Saturday and Sunday, and Jer* vis gave me pepper and brandy. We found some pepper at the Maori's store, but I did not use it. X had never crossed the river before. Wo could not cross without the canoe because the river was up on I the Saturday. On the Wednesday I can't tell how | the wind was blowing at the rock. The road is good, it bends and is abrupt. I can't say how far it is from the road to the bank. The vegetation was of the usual kind, of a considerable height, from two to 20 feet, where we placed the swags. We could he concealed by this and the trunks of trees. The a:nI buscade was to intercept the men on each side of the road. The ambuscade was 80 yards irera the swags 20 yards from the rock. I was a considerable distance from Mr. Bowen where I was standing. I stood leaning upon my gun, but could not be seen from the road. Prom the completion of the arrangements to the passing of Mr. Bim'4 might be about three hours. I only judge from the appearance of the day. lam good at judging. I can't say at whac time the man and Aun Fulton went by. It was not long before the four men passed -with the horse, I can't tell when Moller passed. The people passed with the cattle early in the morning. I wished to go into the bush to free one of the men, and to shoot Burgess and take the others, who were cowards without him. lam equal to them armed, and on better terms when unarmed. I was never afraid of Burgess when unarmed, I was wheu he was armed and isaU the other men. near him. What he. said was law, whether right or wrong. . fie had more control over them than they over him. . I was not afraid of Burgess when I shifted my. position. I was behind him, and could have destroyed, him if I thought proper. I rolled up my shirt and .threw it on one side. I hays said things here I. did not .meution before the.riiagis-

trate. I never saw any blood on my shirt. 1 did not open it. [The shirt was produced.] I recognise the shirt as mine; it is red, and torn. I see no blood on it -without examining it. I now see a stain on the back T>f the shoulder, but I know not what it is. I have heard the shirt has been examined by a medical man, but I know of no results. I did not examine the satchel at the chimney when I buried them. The bundle I had was a new fly belonging to Levy. He never lent me a handkerchief at Canvastown. I have plenty and to spare. It was about 12 o'clock when we met about the banks. I saw Levy go to the Bank of New Zealand, between 11 and 12 o'clock. A short time before we met finally with the proceeds. 1 sold the nuggets about half-past 12, and waited 20 minutes for the manager, as nearly as I can remember. I have said I went with Burgess on the 27th of May to stick up Mr. Wilkie. I told the Superintendent it was Mr. Galloway. I compounded . the names by mistake, both to Mr. Shallcrass and the Superintendent. I did not knw Mr. Wilkie's father resided in Nelson. At Canvastown I had two flannels, two Crimean shirts, several pairs of sock, towel, and the clothes I wore, coat, trowsers, drawers, boots, . black silk and two white pocket handkerchiefs, and a sash round my body. I lent the sash to Kelly.. . Tt was more for ornament than use. I know not where the things are. I gave a peajacket, drawers, and boots to the ostler. I generally got up at 8 o'clock at Owens', not half-past 6. I did not. go for a walk before breakfast, except on Thursday, morning, when Kelly was with me. (The clothes, were produced.) . The shirt, waistcoat, trowsers, flannels, sash, handkerchiefs, pea-coat, boots, &c, are mine.Mr. Otrens was with me when I was apprehended. I knew his purpose, when he asked me to come in. I did not tell him where I was going. . L. said to another person I was going to take a_walk., I. don't know what things I sent to be washed.' •■- Mrs. Owens paid for them. I' sent the pair of trousers produced. I noticed no stains except mud on them. Everything was sent to be washed, except, the dark handkerchief. I was in the gaol on the 29th June. I wrote a letter to my wife then. On the 27th, I sent for Mr. Shallcrass, before nine in the morning by Sergeant Kash. Levy was removed the previous night from the lockup, to the gaol, I did not tell Burgess and Kelly I was afraid Levy would confess. They said they would cook him and I was sa'e. I knew Levy would not attempt to confess. A white not a colored placard was placed on the door of the lock-up. I was in the furthest cell and could not read it. I could not see through the aperture of the cell, my head is too big (laughter). Burgess read it aloud in my hearing. He was opposite and I was writing to Mr. Shallcrass at the time. I knew the purport of what he was reading. At that time I knetv nothing about a pardon. I did afterwards. I first saw the placard during Wednesday. On the 30th June, when in the ■ gaol, I first knew "the contents of the placard advertising the reward. The placard produced is similar lo the one I read. The placard was read by the Clerk of the Court. It was a notice of the reward of £400 offered by the Government, for the recovery of the bodies of tlic missing men. j Sullivan : I was aware, during Wednesday, that a j free pardon was offered to any persons implicated, i •who should give information, except the actual murderer. The first statement I made to the police was taken down by Mr. Shallcrass. Before making this (statement, - 1 had heard of the free pardon being offered. What I was writing in the lock-up when Burgess read it, was a note to Mr. Shallcrass, no my confession. I was speaking to Burgess and Kelly after Levy was arrested, and saw many J policeman about who spoke to me, and I answered them. Burgess was 60 yards away from me •when I spoke to the police. I was in too great danger to give information then, as I was not then able to establish the case. I knew it was necessary for the Crown to connect my testimony with that of their witnessses. I had seen Mr. Birrell in town, but not Mr. Jervis who would have arrested me. I don't know Harvey who was at Canvastown, and did not see him in Nelson before I was arrested. I have made a statement to Mr. Shallcrass and the Superintendent before I w as examined by the magistrate, the latter being more general and detailed than the former. I have no copy of it either in print or writing. I have received no statement but the confession of Burgess. I vras taken ill in going to gaol. I have not been well since. I had chains on for some days, not handcuffs except when brought down the street. _ I have been in the debtor's ward in the prison. It is colder than the others, and brought on rheumatism. The piece of soldi gave to Miss Owens was a part of the only gold I have seen in New Zealand. I never saw any except, in the shop windows. I gave hearsay information of the robbing of the bank at Okarita. This was in my general statement to the Superintendent. I gave Mr. Owens £50 to keep for me. On the day I was arrested I drew it from him. My object was that Burgess said Kelly and I were asses to let a publican know what money we had. I was best able to take care of it. -It was near the wharf that Levy made the statement as to the way in which the men were murdered. It was about 30 yards beyond the tents. We stood and knelt down as we conversed. I saw Levy throw a ring away that was taken from one of the murdered men, as we were near the Custom-house. Pie-examined by Mr. Hart: When I said the gold was the first I had seen in the colony, I meant previous to my arrest. The shirt I threw away was in charge of others, and I never saw it till it was given to :ne by one of the party who picked it' up. Some one had possession of it before it was restored to me I mentioned the shirt to Mr. Shallcrass, on the 28th ! June, and told him where he would find it and the gnn. Before he took my statement, he asked me what I wished to say. He. said whatever I might Btate 0 him, might be used against me. I told him

I was perfectly, satisfied to make the statement. He asked me to write it and I could not. Alfred Chesterman examined by Mr. Adams: I am a publican residing at the Grey. I know the prisoner Levy. I saw him for the first time on board the Wallaby, coming from the Grey to the Buller, in June. In conversation with him, he asked me to lend him £2. He did not tell me why he wanted it, but said he would pay me when he came to Nelson. He did not say what he was coming to Nelson ;for.. He repaid £1, the day after we left the Buller, on board the Wallaby, the other £\ on the Thursday or Friday week following after we landed. - I heard of four men being missing, but can't, say at what time. To Burgess: I saw Sullivan on the Wallaby and in Nelson, and spoke to him. He told me he. sold some gold in Nelson, but did not give any reason for so doing. He said Kelly had sold some gold. To Kelly: I could not swear I saw you at the Bui- ; ler, or on the Wallaby. To Mr. Pitt : I saw Levy playing skittles at the Grey. The £2 I lent him was not capital to be used for gambling purposes. I played cards with him on the Wallaby. He won £3 or £4 at eucre, a game of chance. I did not notice his dress. It was similar to his present dress. At one o'clock the court, was adjourned for half-an-hour.