The Nelson Evening Mail. SATURDAY, SEPTEMBER 15, 1866. SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 166, 15 September 1866, Page 2

The Nelson Evening Mail. SATURDAY, SEPTEMBER 15, 1866. SUPREME COURT.

CRIMINAL SESSlONS.— September 14th. [Before his Honor Mr. Justice Johnstone, j

R. Burgess, T. Kelly, and W. Levy were charged with the wilful murder of Felix Mathieu on the 13th June last.

Continuation of Evidence. On the court resuming the examination of witnesses went on as follows : —

Abraham Palmer sworn : I was master of the Wallaby steamer, in June last. I saw Levy ,->n board first at the Grey, when he came aboard. The ticketproduced is the one Levy showed at tlie Grey, The name of the passenger is Lane. Ho showed no other tickets. I can't say if there were others in his company. On arriving at the Buller he applied for a free passage to Nelson for himself at first. I refused, and requested him to make the ticket a Nelson instead of a Buiier ticket. It was arranged that I was to alter Lane's ticket. Levy then snid be knew of three or four fellows who were hard up, and asked me to give them a free passage. I said I would do the same with them as I had agreed to do with those. Levy paid £2 for himself, but I can't say who paid the £1 each for the others. I told Levy as he was acquainted with the other men, to bring them on board. I know not if any one but Lev}- spoke to me of the matter. I endorsed the tickets. Those produced are the same. They are in the names of Jones, Williams, Lane, and Morrison. I don't know the men who got those tickets. I spoke to Levy alone. I may have receiver! a letter, but don't recollect it.

To Burgess: I gave up command of the Wallaby last Friday. I know not where the colored cook is. He has left tiie ship. I have seen hi_ knives, but I could not identify the handles of any of ihein. I could not swear to the handles produced. The cook had several like it.

To Mr. Pitt: I know. not who paid the balance of Jones. Levy may have paid the whole. It was £1 each 'extra.

To Mr. Adams: I merely left the Wallaby to be present here as a witness.

John Shallow examined by Mr. Adams: I am a seaman, residing in Nelson. I belonged to tlie Wallaby in June last. I know the three prisoners. I saw them in the Wallaby on the 3rd June. I saw no one else with them but Sullivan. [Sullivan was here ordered to stand up.] It was at tlie Grey. I did not see them come on board. They were passengers on board. I saw them with their swags. There were live or six other passengers. They associated together on tbe passage up to the Buller. I saw Burgess and Kelly often together. They came on to Nelson together, where we arrived on the 6th June. They then left the vessel. lam a British A merican.

To B.urgess : I was on board on the Sunday night. I was on duly. I observed Sullivan on deck that night. I did not see him lie or sleep on deck. I afterwards saw Sullivan at the Mitre Hotel some time after the voyage, after Levy was given in charge. I told Sullivan Levy was arrested. I had a row with him on the passage, and told him the man was arrested who told me about him. Sullivan did not listen but walked out. I did not say I was drinking with Levy on board.

To I__y: I have never made a mistake as to the identity of a person.

His Honor said the witness was an exception if he had not.

To Mr. Pitt: I did not see Levy drinking on board. As I was throwing water on the house I told Sullivan to get out of the way and he would not. I splashed him and he kicked up a row, called me everything, and said if he had me on the deck he would heave me overboard. I saw no one sleeping on the hatches in an opossum skin rug.

To Mr. Adams: Levy told me it was well I dir l not get into Sullivan's hands, as he was a fighting man, and lie had seen him fight a good bout on the Dunstan.

George Nich oils, examined by Mr. Hart: lam a boatmau at the Buller. lam a Greek. I know the prisoner Levy. I saw him at the Grey about six months ago, and at the Buller in June last when the Wallaby came down from the Grey river. He asked me fo lend him some money for going up the country

with. He named the sum of £5, saying he had no money. He asked me in the street. I had seen him at the Grey before but had not communicated with him. I used to pass hy where he was living at the Grey, and he knew me and recognised me as having seen me before. I lent him £l and he made a promise about payment.

To Mr. Hart: I have not seen Levy from that day to this.

_To Mr. Pitt: I have a mate named Allec. Levy did not say Allec owed him money ; I said nothing about it. I did not know that Levy sold cheap clothing at the Grey. I had seen him with Jews in the shops. He said he was going up -the country; he did not say the Little Grey. I don't recollect if I said carriage was £-10 to £50 per ton. I did not promise to pay him money for my mate.

Mrs. Jane Sharpe examined by Mr. Adams : I keep a boarding-house in Nelson. I remember some men coming to my house in June hist to ask for lodgings. I don't recognise the prisoners as the men. There were four men. They put their luggage in the room, which was like swags. They all came together, stopped all night, hud tea and breakfast, and left about quarter past eight in the morn ing. They paid mea £l note for their entertainment, the above charge I made them at the rate of ss. each. One came to tlie door and asked for lodgings for four. 1 don't know which it was that paid me.

Patrick Birrell examined by Mr. Hart : I was a Hvery-stablekeeper in June last. On the 7th June I left Nelson for Picton, on horseback, on a grey horse, at ten o'clock in the morning. On the road about two or three miles from Nelson, Ipassed'four or five men, who were on foot. I see two of them, Sullivan and Levy, who were dressed as diggars. I cannot swear to the other two, but they resemble them. 1 saw them two miles further on, they were carrying swags. I stopped on the road. I went to the Pelorus hotel that night. They neared me tho second time, coming within 100 yards, but did not overtake me. I left Picton on the 12th, about eight o'clock in the morning. It is 70 miles from Nelson. I reached Wilson's that night, at Pelorus Valley. I left the Pelorus at quarter-past 8. I passed several persons on the* road. I first passed two diggers beyond the Wakamarina river. I then met tsvo horsemen, one oft hem was Mr. Galloway, and the other Mr. Cooper. I met another pnrty on horseback after passing Pelorus bridge. I next saw some parties with a mob of cattle, one of whom was a European. I then came to Franklyn's Flat between twelve and one o'clock, when I saw a packhorse feeding. It was a bay horse, with a white mark on the forehead. Four men were squatlingdown having something to eat and drink. They were Messrs. Kempthornc, .\t:„liieu, Dudley, and Pontius. I know the first num. He spoke to me. I then met a man and woman, a mile further on; the woman's name was Fulton. They were walking from Nelson. I was going about four miles an hour. I next met Mr. Bowen, a mile further on. I recollect the creek and the well. I met him a mile nearer Nelson than the well. He was on horseback on a chestnut horse, and carrying a basket, in his hand. Between meeting the woman and Mr. Bowen I saw no person on the Flat whatever. I met another party, Mr. Leslie, 200 yards this side the Maungatapu and 3 miles from Dwycr's. I stopped there, and met no one else.

To Kelly : No one has told me you were going* to ask me questions. I have been doing duty in the gaol, as special constable, for three weeks. I was not at Suilivan's cell all tlie time. I watched it along with others. 1 seldom spoke to him. He never asked me what 1 thought of his confession. I heard him say he saw me on the 13th June, on the Maungatapu. He did not ask me who I met that day. I saw no one camping on the left-hand side of the road half a mile before coming to Dwyer's, I noticed no smoke. I saw no opossum rug and a tent spread on some bushes. I did not see a man smoking before coming to Dwyer's. I can't say if you might have been camping there on that day. Sullivan did not ask me if the search party found anything belonging to this case.

To Mr. Pitt : It was a quarter past 1 when I passed the rock. I was riding about four miles an hour. I met a man and woman about a mile on this side of Franklyn's Flat I can't say which side of the rock. There might be a place for camping half a mile ou the otlier side of Dwyer's.

Margaret Smith examined by Mr. Adams : I live between Nelson and the Maungatapu. On the 7th June last I saw five persons pass my house, which is five and a half miles from Nelson. Four passed jni horseback, of whom Mr. Birrell was one, and two other horsemen. . Then five men passed on foot. I know Burgess and Sullivan. They passed directly after Mr. Birrell, in tlie same direction. They wore all carrying swags, They walked in a row two and two together. Burgess carried a long handled shovel, the other a new tent. Burgess bid me good day as he passed.

To Burgess: I think you passed me first. I made a mistake in saying before the Magistrate, Sul livan carried a long-handled shovel. If not a shovel it was a gun. I saw two things. lam positive one was a shovel.

Alexander Thompson examined by Mr. Hart: I am a miner at Wakamarina. I left Nelson on the 7th June last logo lo Wakamarina. I leftat 9 o'clock in the morning. In the Maitai Valley Sullivan overtook me about 2i miles on the road. We exchanged salutations. He carried a swag and long-handled shovel. After proceeding a few minutes Sullivan stopped to fix his swag. I waited for him, and Burgess came up, followed by two other men. I cannot swear to Kelly and Levy as the two. They conversed together and seemed to know each other. We went in a body up the valley about nine miles.' We passed Mrs. Smith's place together, and separated at Dwyer's accommodation house. After dinner, 2 miles further on, I overtook the four, who were having

Ml ' , "^^" ll " a * M * w *' a '' l^* M " , ''***^"' lM ' Mli * w, * w^ M ""^ <Mwlw^ ,^K___gSgt» something to eat. I took a pannikin of tea with them. They said they were not going far that night. I took my leave and passed on. George Jervis examined by Mr. Hart : lam a storekeeper at Canvastown, 32 miles from Nelson. I know the four prisoners. I saw them on the 9th June, about dusk. They asked and received permission, to occupy an empty house from Saturday evening to Tnesday morning. I conversed with Burgess and Sullivan. I sold them some mutton on the Saturday evening and some sugar. On Sunday morning I sold them some flour and soap. I saw them leave. Sullivan was ill of the dysentery, for which I prescribed burnt brandy and pepper, which he said had quite cured him. Burgess told me he had come, from the Buller, where he was prospecting, and mentioned the names of several persons I knew there. He said they had come from the Pelorus-bridge that day. I saw them cross the river. Burgess called out, good bye, old fellow, we are going to leave the b— y country, there is nothing to be done here. They had swags, blaukets, and opossum rugs. I saw a r.ig with a large black patch in the centre, and noticed a patch of a flying squirrel. Tho rug produced is fie same. It has been lined since. They spent 14s. or 15s. or under a pound with me. On the Mor.d.iy, Sullivan said they were short of money. I knew Felix Mathieu . I wrapped up the goods I sold in a copy of the Marlborough Press of the 30th May, which was lying on the counter at the time. Last Monday I delivered a lot of iron hooping to Mr. Sharp. That produced by Mr. Shallcrass is the same. The small piece I found in the room the prisoner's occupied. Felix Mathieu lived at Deep Creek. I last saw him on the 12th June, crossing the Wakamarina River, on his way to Nelson, about 4 o'clock. He was in company with Dudley, Pontius, and Kempthornc, whom I knew well. They stopped at my house two hours. They had a bay packhcrse. with a white star in the forehead, and white hind feet. I unloaded and loaded the packhorse at my place. It carried swags and portmanteaus. On one side there werp two swags, on the other a large swag and a bag with a small portmanteau inside, on the top was a large portmanteau and a small parcel or two. All was fastened by straps to the saddle. I saw no arms. This is the first time I have given an account in Sullivan's hearing of the way in which tbe horse was loaded. The contents of a parcel belonging to Kempthornc I know. He came before the rest. Ho gave me a parcel containing gold at one end, and a roll of notes at the other. He carried this parcel in his hand when he was leaving. When they started towards Nelson, I accompanied them towards the river, and saw them camp about 4 p.m. on Tuesday afternoon. I think the gold was 60 ozs. My place is 16 miles to Frankly n's Flat, half-way to Nelson. On Sunday, I lent the prisoners a tin dish, and Sullivan a stone to sharpen a razor on, as well as some oil. He returned the sto__and oil.

To Burgess: The river was rather low on your arrival, and when you left it was very low. In conversation you spoke chiefly of the Buller. You asked if Havelock was a prosperous place. When you left tiie river could have been crossed without a man getting wet. A boat could not get across. The lower bar where you crossed was very shallow. You said you were going to leave the b y country. 1 did not mention you before the magistrate because I was not asked the question. You were nearly across and 30 or 40 yards off when I saw yon, the water running between us. I am sure you used that language. I did not dine at tlie Mitre on the Sunday. 1 first saw you in the lockup after seeing you at Canvastown. On seeing Sullivan in the cell I said "Old fellow, are you cured of tho dysentery?" He said, "I have felt nothing of it since." I said "You wretch, I wish I had poisoned you at the time." My feelings caused mo to use that expression, because I thought iie was connected with the missing men. He offered to strike at me, but was prevented by the officers.

To Mr. Pitt: I gave the mutton to Burgess. .1 saw Levy when he came and left. He was dressed as a digger. I saw no watch, or chain, or scarf on him. He had a grey shirt on. Mr. Sharp instructed me to look for the hoop-iron, saying some pieces had been cut off of it.

Mr. Harvey examined by Mr. Adams: I am a digger residing in Nelson. I was on Deep Creek on tho 11th June, and saw Levy there, f„t Mathieu's hotel. He stopped there that night. I had no conversation with him. I left on Monday morning for Nelson, with two others, my brother and John Grey. Levy came with us to within a mile of Canvastown. i saw Mr. Kempthorne about 2 miles from Deep Creek, at a store there. He spoke to me in Levy's presence, and talked of coming to Nelson next morning. He said he would like to come with us, but he had promised to go with Mathieu. That night we reached Pelorus Bridge and slept there. We had a double and a single barrelled gun with us. We left on Tuesday morning, at 8£ for Nelson, which we reached about 10 o'clock in the evening. I saw Sullivan and Kelly at Canvastown, on the Monday,, but not on the road. I saw Sullivan, Kelly, and Levy at Nelson on the Thursday following.

To Kelly : I saw you in Nelson on the 14th, about ten o'clock, close to Merrington's shop in Bridgestreet.

To Mr. Pitt : I saw Levy spend no ' money at Mathieu 's, I spent money, and played going round the horn for drinks. The loser would have to pay 6s. or 7s. We tried this two or three times. Levy went in.for this. I did not see hini pay Mathieu. I saw no one playing! oto. When I spoke to Kempthorne, Levy was a few yards behind, he was keeping us company because I volunteered to show him a clean road. I knew Mathieu and Dudley, but not their circumstances. We played round the horn just before starting. I can't say who had to pay for it. I saw no quantity of money exhibited there. Kellywas alone when I saw him. I saw Levy and Sallivan together about the same time,

To Mr. Adams : Levy did not pay at all, going going round the horn. I saw no one playing cards that night.

Daniel Cooper examined by Mr. Hart : I keep an accommodation house, at Pelorus bridge. I saw the prisoners and Sullivan there on the Bth June. They camped there at 4 p.m. They left next day about 1 o'clock, in the direction of Canvas Town. I met them on the Tuesday following, half a mile on the Wakamarina side of the Pelorus bridge, Sullivan was ahead, and bade me good morning. Two horsemen passed that morning towards Nelson, a little after nine o'clock. They were Messrs. Hartman and Leo. Three diggers stopped all night, and left for Nelson about 8 a.m. The brothers Harvey were among "them. After passing the persons I met an old man. I knew F. Mathieu. Next morning I saw him and his party, who breakfasted at my house. They left a few minutes a'ter nine. My house is 10 miles from Franklyn's Flat. The road is not good. They went towards Nelson, with a packhorse. To Mr. Pitt : I was at home when Levy purchased some bread and two pigeons. He paid 2s. for the pigeons. I know not what he paid for bread.

Thomas Galloway examined by Sir. Adams : I am a draper, at Picton, I went from Nelson, on the 12th June. On Franklyn's Flat I met Messrs. Ifartman and Leo. Afterwards I met three diggers shooting pigeons. The witness Harvey was one. I then met an old man. I then met four men, this side of the Pelorus bridge, at the Tinline, about six miles from Franklyn's Flat. I recognise Levy as one of them. They were walking in a string towards Nelson. I passed the compliments of the day to them, they turned awaj- their heads. It was about 4 p.m., an hour before dark. They had swags, and were like diggers. I saw no one else on that Tuesday evening. I saw Mathieu and party on the following morning at the Pelorus bridge, and breakfasted with them. We started at the same time, about 9 a.m. in opposite directions. I met Birrell on a grey horse about an hour after. I met Moller a little this side Canvastown.

To Kelly: I have a partner at Hokitika, where I was last May. I don't remember seeing you there.

Joseph Levestiim examined by Mr. Hart: I live in Nelson. I went to the Wakamarina on the 13th June last. I lefc with Ann Fulton early in the morning. We went to the other side of the mountain beyond Franklyn's Flat. I met Mr. Birrell near the Flat, about ten minutes before arriving there. We met four men and a packhorse. I knew Mr. Dudley, who was one of them. This was 9 or 10 yards on the Nelson side of the creek coming towards Nelson. The creek was alongside the Flat. I did not notice the house. I nodded to them. It was about one o'clock. After passing the four men and horse we met Moller walking fast, going towards Nelson, about li mile the otlier side of Franklyn's Flat, on this side the first bridge. I spoke to Moller. We met two diggers li mile further on. We went to within G or 7 miles of the Pelorus bridge that night. I did not see the prisoners that day, nor Sullivan. I saw no other persons than those I have mentioned. I did not see the prisoners on the previous day. To Burgess: I did not notice a rock near Franklyn's Flat. I travelled the road once before. I crossed several creeks from the mountain to the fiat, and noticed one on the Nelson side. I heard no one talking, nor did I look round as though I heard a voice. I don't know exactly where I met Mr. Birrell. I did not notice a large tree on the road near Franklyn's Flat. I have no knowledge of the rock by the road side. To Kelly: I did not notice any smoke or tent, or a rug on some bushes near Dwyer's. I don't remember being spoken to by a man there. Ann Fulton, examined by Mr. Adams: I accompanied the last witness on the 13th June last, from Smith's across the Maungatapu. I saw Mr. Birrell near Franklyn's Flat, coming towards Nelson. Ten minutes after I met the packhorse and four men. I did not know them. We met them 9 or 10 yards from the creek this side of Franklyn's Flat. We met two diggers 1 or 1_ mile further on. He was walking fast. I met the diggers after, later in the evening. I camped on the road that night. To Burgess : I did not notice the rock near Franklyn's Flat, nor any particular tree. I did not hear voices, as if anyone was speaking, nor did I look round as though I heard some one speaking. I met Mr. Bin-ell about ten minutes before meeting the packhorse and four people. I can't say at what rate 1 was walking. To Kelly : I noticed no one camping near Dwyer's. I saw no smoke or opossum rug near there. To Mr. Pitt : When passing Dwyer's I carried no bundle. Henry Moller examined by Mr. Hart : I knew the deceased men. On the 12th June I was employed to fetch back from Nelson, the horse of Felix Mathieu. I left tiie following day, between 6 and 7 o'clock in the morning. I met several persous on horseback. The other side of the IJeringa, I met Jones and others. I then met the two last witnesses a mile and a half on the other side of Franklyn's Flat. I met Mr. Bowen who was riding a chesnut horse, from which he jumped as he was passing a tree across the road. This was 10 to 11 minutes after passing Frenklyn's Flat. I was walking fast, at four to five miles an hour. I did not notice a rock on the side of tbe road. The distance from the Flat to the tree would be short of a mile. I spoke to Bowen in a loud tone, which could be heard a good distance off. I held his basket till he got on his horse again. The word " no" was used by Bowen, in a loud tone of voice. I passed on to Nelson, seeing no one till I got to Smith's place. I saw neither of the missing men, nor found them in Nelson. I saw neither of the prisoners on the road. To Burgess : I have passed to and fro on that road four times since that day. I have since {noticed the rock on the side of the road. I can't say how far it

is from the tree. It may be from 200 to 300 yards. After leaving Bowen, I heard no report of firearms. I reported the absence of the men to Mr. Jervis, the hotelkeeper, where I was to go for the horse, and which had not arrived. On Thursday I went to Owen's, and made inquiries about the missing men. I informed Sergeant Goodall on Saturday afternoon. To Kelly: I had not on a brown Crimean shirt on the 13th June. I might have carried a coat on my right shoulder. I wore a check calico shirt with my trousers. I had on a Californian felt hat with broad brim. I noticed no smoke, tent or oposum rug when I came near Dwyer's.

To Mr. Pitt: The wind was calm when I met Bowen. There are some times in the road from the rock to the tree and the bank is 5 or 6 feet high. The scrub is from 6to 10 feet high. I can't say how far you can see towards Franklyn's Flat from the rock.

To Mr. Hart: I wore the same clothes in Nelson I wore on the road.

Mr. Bowen examined by Mr. Adams: I live at Pelorus Valley. I left Nelson, 13th June, for that place. I crossed the Maungatapu, and met Mr. Birrell on the other side the highest part. I met Moller from Deep Creek, half a mile this side Franklyn's Flat. I was on the track close to the tree and had passed under it when I met him walking very fast. I spoke to him, in an ordinary voice. I recollect using the word " no," in rather a loud tone. I passed a man and woman on the road three and a half miles beyond Franklyn's Flat. I met two diggers further on. I knew Mathieu and I .empthorne. I did not see them that day. I saw none of the prisoners on the road.

To Burgess: I continued my journey at a slow pace. I heard no noise of firearms.

To Kelly: I had fowls in my basket covered with a white cloth. I carried it on my right arm chiefly. I noticed nobody camping near Dwyer's, nor did" I see a tent, opossum rug, or smoke.

To Mr. Pitt: I knew Moller. I am not in the habit of speaking loud. I did not notice the wind. I met Moller a little after 2.

11. Phillips, examined by Mr. Hart : I keep the Otago Dining Rooms in Nelson. I saw Levy and Burgess on the 13th June, about 10 o'clock at night. They had supper at my place. I spoke to them. They said they were stopping down the beach.

To. Burgess: I don't recollect if I thought you a stranger. I thought you came from the steamboat. You asked me if I had seen a digger named Tommy. You did not ask for accommodation. I never saw you in my house after that day.

To Mr. Pitt : I did not notice how Levy was dressed.

AY. 11. West, examined by Mr. Adams : I am a hairdresser in Nelson. I know Burgess and Kelly. The former came to my shop on the f 4th June and got shaved, and had a bath. He asked me to cut his board through; it was not previously divided. I did so. It made a great difference in his appearance. He bought a purse or portinonnaie. Kelly came and got shaved on the following Sunday. His appearance was not much altered.

To Burgess : I threw away your old purse which I afterwards gave to the It would hold money. The purse produced is the same.

To Mr. Pitt : I do not recollect Levy coming for a bath on Thursday morning. I did not find a clothes brush in the bath.

Robert Carter examined by Mr. Adams : I keep the Nelson hotel. I know Kelly, who came to me on the 14th June, about 7 a.m. He had slept in my house the previous night. He went out of the house and came in with a bundle, and went up stairs. When he came down to breakfast he had a new pair of trousers on of a dark color, I saw him bring parcels in at several different times of the day. He remained till the Tuesday following, when he was arrested. I had many conversations with him. He said he was secretary to tiie Kaneiri Mining Company, on the West Coast, and Sullivan was carpenter for the same company. They both said so. He said he had unbounded authority to sell shares, and was a large shareholder himself. He said he lodged at Mrs. Sharpe's the first night, since then he had lodged with a fri_id. Sullivan was much with him when he came first. His hands were scratched, which he said was done with the gravel in the mine. Kelly gave me no name. I called him nothing. Sullivan and others called him Kelly. Levy never came there. They spent a good deal of money in my house. Kelly spent £7 in sor 6 days. He gave tne £50 to keep for him on Saturday or Friday. It was £20 note, two £10 notes, and two £5 notes. I gave him £30 back: £20 on Tuesday and £10 on Thursday morning. I gave the balance to Mr. Shallcrass after his arrest. Sergeant Edwards took Kelly's things away when he was arrested. He took an opossum rug out of Kelly's room. He had it lined with green baize at Merrington _. To Burgess: The scratches on Sullivan's hand Avere recently done. To Kelly: I know nothing of the hat, mantle, and silk dress you bought my niece. They were not reckoned in the £7. I do not recollect serving you and Sullivan with drink at any particular time, or seeing a number of bank notes on the table. I remember a party being served in the long room. I have had several glasses with you in a day. You said you were a secretary a dozen times over. I don't remember your tearing a leaf from my pocketbook and giving it to Sullivan. The missing men were frequently spoken about. You told me you liked Nelson, and might stop here all the winter. At 6 o'clock the Court adjourned. Tnis Day. His Honor took his seat at 9 o'clock. Burgess applied for his memoirs which he had entrusted to the Governor of the Gaol, and wished to know if he might present them to any one. His Honor said he could not at present interfere in the matter. .

Mr. Pitt wished to know if Sullivan might be recalled and asked a question through the Court, whether before he gave his evidence, he hoped to be pardoned for the murder of Kempthorne, Pontius, Dudley, and Mathieu.

His Honor said it was well established that Sullivan knew a pardon was offered to any accomplice who had not a band in the murder.

Mr. Pitt called the attention of the Judge to the objections he had formerly raised, and to the ruling of the Court in the case which was in his (Mr. Pitt's) favor.

His Honor said he ruled that in a point of law the evidence of Sullivan's could not be excluded; that it was entirely a question of credibility of the testimony ; and that the admissibility of the evidence must be left to the discretion of the Judge. He also cautioned the witness that his evidence would not influence his fate in Battle's case.

Mr. Pitt argued against the admissibility of Sullivan's evidence on other grounds, and was over-ruled by the Court.

Stephen Owens examined by Mr. Hart: I keep tho Mitre Hotel. Sullivan came there. I saw the other prisoners on board the Wallaby, in June last, and gave Levy a card. I saw them the same afternoon. Levy and Kelly stopped and looked at the name on the door, about 2 o'clock. I next saw them on the 14th June. I saw Sullivan that night, he asked for accommodation. Next day I saw Kelly at my house. Sullivan was dressed in an old jacket and trousers in boots when he came. He asked for a supper. He brought in a swag to the bar on Friday the 15th. After breakfast he had new clothes on. I had not seen him before that morning. He gave his old clothes and boots to the ostler. He came back with Kelly about 10 or 1 1 o'clock, whom he introduced as a schoolmate, and had not seen for years. He had before said Kelly was his friend, and stopping at Mr. Carter's. On Thursday night Sullivan said he had dropped on an old acquaintance. Sullivan gave me two £20 notes and a £10 note to keep for him on the Sunday morning. I returned it to him on the Tuesday morning.

To Burgess : I took particular notice of Kelly, who looked rather strange, like a burglar. Kelly came on the 14th not the 15th June. It was Tuesday morning I heard the report of the missing men. Sullivan was present and beard us talk of it. I suspected some Germans who had been in the house, Sullivan might have heard me say so as we talked it over. I first suspected Sullivan when Levy was arrested. On Tuesday, the 19th, I asked Sullivan to ride with me to the Maungatapu. He said he was too unwell. I wanted to keep him in ray company. I did not go to the Maungatapu, because I suspected you, Kelly aud Sullivan. I made myself sure you were the right men. I suspected you from seeing you all together on board tlie Wallaby, and from information given me \>y persons who came with them in the ship. I saw Sullivan on horseback on Tuesdaj. He came from Newton's livery stable. He went up Hardy-street. Later in the day I accompanied Messrs. Shallcrass and Gnodall up the Waimearoad. I was looking for you and Sullivan, thinking the hitter had flown. I did not go to the watehhous. to look at Levy the night he was arrested, I did not say I had gone to see the black-looking ruffian. Sullivan told me he came from CoUingwood, and was a lucky miner on the West Coast. He and two mates divided 700 ounces of gold amongst them.

To Kelly: When you were arrested I said I wanted you. I did not mention M'Gee, the name Sullivan went by. Sullivan said you were a schoolmate of his, but did not say he slept in a garden. You were not always with him. You told me you were stopping at Carter's. I saw you at Hichmond the day you were arrested. I said nothing to Potter about the missing men or the suspected murderers.

To Mr. Pitt: When Suilivan came to my house he had a swag. He generally walked over the bridga before breakfast. I saw him go on Tuesday morning. Levy was dressed on the Wallaby very much like he is now. I did not notice his scarf, or a watch and chain.

To Mr. Hart: The first night Sullivan came, ho slept in a room with Tom the butcher,

Francis Porcelli examined by Mr. Adams: Mr* Cotterell, senior, acted as interpreter. I am from Barletta, Kingdom of Naples. I keen an oyster sliop in Nelson. I know Levy and Burgess. They came to my houso on the night of a Wednesday. I* think the same month I went before the magistrate. Tho men were at my house 5 daya before I went before the magistrate. I don't know where tho men went the night they came to my house. Levy sad Bur* gess came together. They were eoveied with road, boots and all. They had a blanket and opossum rug, rolled up. There were two swags. They slept a. my house on a crib or bunk. X saw them in tho morning, they went out to buy new thing. , In tho morning when I saw them first they wars dressed as on the previous evening. A quarter of an hou. aft ei< going out, they returned with new clothes t„d ifi paper. They went into their room and . did not see what they did. Half an hour after, they c_rae out with new clothes on. They stayed at my house and breakfasted, and went out at 9 o'clock. They lodged at my house 5 days, I remember Levy being wrested, They both remained till that time. When X_*vy .vr* arrested they left all their cloth.es at my ho ma Tlie police came and found the thing «, and took them away. Burgess remained in the house tho same eight, and went away the next, rooming after «_>».&«.* H<j did not return, He took nothing h w .y afte. ksvy's apprehension. When they canit* tho cloches were both wet and dirty. Ths hoots, trousers, stockings, and shirt were all wet. The fi,.nin_ was moist with perspiration. To Burgess: I found you a mattress, On Monday night, when Lt^ry w »8 arrested, you wont to bed. about midnight.

Fob Continuation 3eb Sur_t_„s_T,