RESIDENT MAGISTRATE'S COURT.

Nelson Examiner and New Zealand Chronicle, Volume XXX, Issue 81, 3 July 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, July 2.

[Before J. Poynter, Esq., Resident Magistrate, and a full Bench of Magistrates.] mi MAVNOATAPU MUBDERS.

The four prisoners, Burgess, Kelly, Sullivan, and Lery, were again brought up on remand, on the charge of having murdered, on Wednesday, the 13th day of June, John Kempthorne, Felix Mathieu, James De Pontius, and James Dudley.

Thn large crowd which was expected to be present at an investigation of so important a character, induced the Resident Magistrate to hold his Court in the Provincial Hall, instead of at the Court House. The hall was filled in all parts, both galleries and the body of the hall being alike crowded. Alexander Thompson, being sworn, said : lam a miner residing at the Wakamarina. I left there on the 7th June. I recognise two of the prisoners, Sullivan and Burgess. I saw them in the Maitai valley. I was going up the valley, and they were going in the same direction. They overtook me. Sullivan was first, and carried a swag and long handled shovel. I spoke to him, and bade him Good Morning, and asked him where he was going. He said ho had landed from the Wallaby on the previous night from the Grey and Buller, and was going to Canvas Town. He said he was going to look about. Sullivan was in advance There were four altogether. I can't identify the other two. Sullivan stopped to fix his swag, and the others came up and joined him. We went together as far as Dwyer's. I had dinner there, the others passing on. I again saw them two miles beyond Dwyer's Accommodation House. They were having something to eat. I had a pannikin of tea with them, and then went on. This was about three weeks ago last Sunday.

Henry Moller, being sworn, said : lam a storekeeper residing at Deep Creek. I knew the four men, Kempthorne, Dudley, De Pontius, and Mathieu. I was engaged to come to Nelson onjthe 12th of June to fetch tho horse bock which they had hired. I left the Wakamarina on Wednesday, the 13th of Juno, in the morning, before daylight. I met a gentleman at Cooper's Inn, on the Marlborough side of the Pelorus Bridge. I met there Jones and Rutland driving cattle about a mile and a-half on the Marlborough side of the Heringa Bridge. I met Bowti on the road, and a man and woman ; I met them a mile from Franklyn's Flat towards the Marlborough province. I met Bown about half a mile this side of Franklyn's Flat. I spoke to him. I saw no one else until I passed Dwyer's place. I saw none of the men who had left. Neither could I see the horse or gain any information respecting its arrival.

By the Court ; I spoke to Mrs Smith. I asked if there were any men passing by, and she told me that none had paused. William Flett, being sworn, said : lam a constable. I went to search for tho bodies of Kempthorno, Dudley, Mathieu, and De Pontius, and I found them. I found Felix Mathieu first. I found them on the Nelson tide of the third creek from Franklyn's Flat, at a distance less than half a-mile from the roadway. On the opposite side of the creek there is a large rock standing out from the road. I found the body of Mathieu in the place where a tree bad been uprooted. He wai lying on his baofc. His arms were tied behind him with a leather strap, and his legs were also strapped together. He was dead. I noticed a wound on his left breast. There was a ring on the third finger of the left hand. I found Dudley next, at a distance from the other body of about eighteen yards, he was dead and lying on his face. There was a handkerchief tied round his throat. I saw Kempthorne next. I only knew Dudley personally, the others were pointed out to me under their various names. Kempthorne was about twenty yards from the other body. He was lying on his back. I noticed a wound behind the right ear. His hands and feet were not tied. He was alto dead. About thirty yards further on I discovered De Pontius. I did not notice anything particular about him, except that he had large stones piled on him. When I discovered the bodies I cooeyed for about fifty minutes to bring others to the spot, and I then went down and communicated with Mr. Saxton's search party, who helped me bring the bodies down. This was on Friday last. They were brought down and were deposited in the engineroom, in Nelson. Charles William Daries, being sworn, said : I knew the deceased men well. I was present before the bodies were removed from the spot where they were found on the Maungatapu. They were in the same state as when lying in the engine-house at Nelson. I was not present when Dr. Vickermau examined the bodies. By the Court : I saw the prisoner Levy at Deep Creek, three weeks ago last Saturday. He said he had come to a new rush. I saw him at Mathieu's, but did not see him leave Deep Creek. I saw him in conversation with Dudley at Felix Mathieu's. I did not hear what the conversation was about, as I was not near enough to them. Dr. Vickerman, being sworn, said : lam a Member of the Royal College of Surgeons, residing at Nelion. I was called mto examine the bodies of four men then in charge of the police. I made an examination of all of them. Each was pointed out to me by name. The cause of death in Kempthorne was a bullet wound behind the right ear, which fractured the skull and penetrated the brain. I found some paper and the bullet in Keinpthorne's head I found no other wound ; the brain was cut by the bullet. Muthieu's death was also caused by a pistol wound. There was also a stab wound underneath the fifth rib in the region of the heart. This had penetrated tho covering of the heart, and there was a wound at tho side of the heart not sufficient to cause death. The upper position of the incised wound was a bullet wound which wounded the stomach, and passing through the large bloodvessels at the back, lodged between the seventh and eighth ribs on the right side, a little below the blade bone. This bullet caused death from internal hemorrhage. I found the bulletin the body. There was another wound on the same side as the incised wound. On the outside of the wound there was a piece of burnt paper. I produce the bullet, paper, and two pieces of cloth. The shot must have been fired quite close, from the position of the paper found between the clothes and the body. I examined De Pontius, and found two wounds — one a bullet wound at the bock of the head, the other in the corner of right eye, which might have been caused by a rock. The whole of the right side of the face was very much bruised and battered, and the right side of the lower jaw was completely smashed. The causo of death was the bullet wound at back of the head. Tho pieces of bone fractured by the bullet wounded the posterior arteries of the head. This would produce an effect similar to apoplexy, but death might not be instantaneous. Dudley died from strangulation. The o'nlv apparent mark of violence was that round the neck, which, from its appearance, I should say was caused by a small cord being tightly drawn round it. I opened the body, and found no other internal marks of violence} but the post mortem examination revealed internal signs of death by strangulation. Dr. Cotterell assisted me in the examination. Two bullets were found in tho body of Matbiou, which were tho

greatest number found in any one of the bodies, The incised wound did not cause immediate death.

In answer to a question from Mr. Poynter, If there were holes in the clothes corresponding to the pieces of cloth found in the wound? Mr. Vickermann said that, owing to the clothes being old, and from exposure to the weather, he could not positively swear that they were pieces of the clothes which were found in the wound.

Tho Crows Prosecutor here announced that there was no further evidence at that time, and the prisoners were again remanded until next Monday.

During the examination of the witnesses, the prisoners maintained the utmost composure, except when the strangulation of Dudley was referred to, when the prisoner Sullivan manifested symptoms of fainting. He was given a glass of water, and accommodated with a chair. The tears were running down his cheeks freely at this time. On the evidence of Elett being given with reference to the discovery of the bodies, the prisoner Burgess flushed slightly, the others taking apparently no notice of what was going on around them. All the prisoners were heavily ironed, and on the conclusion of the examination were removed to the Gaol, under an escort of police. The Gaol is now guarded night and day by a Btrong body of constables.

We believe that, up to late last evening, no intelligence was received in this city of the finding of the body of " Old Jamie," near the Tinline Bridge. We presume that the search is being prosecuted by the authorities of the Province of Marlborough. On their way to and from the Provincial Hall, the prisoners were loudly hooted and yelled at by the large number of persons assembled to see the villains pass by. Levy walked firmly along, heavily ironed though he was, preceded by policemen, and followed closely by Sergeant Edwards, with loaded revolver in hand ; then followed, in a car, the prisoner Sullivan, heavily ironed, who also received a share of the indignant execration of the people assembled. Kelly and Burgess had been confined in the Lockup.