THE MAUNGATAPU MURDERS.

Nelson Examiner and New Zealand Chronicle, Volume XXV, Issue 99, 11 August 1866, Page 3

THE MAUNGATAPU MURDERS.

CONFESSION OP BURGESS.

COMMITTAL OF THE FOUR PRISONERS FOR THE MURDER OF JAMES BATTLE. RESIDENT MAGISTRATE'S COURT. Thubsday, August 9. [Before J. Poynteb, Esq., Resident Magistrate, and a full Bench of Magistrates.] THE MAUNGATAPU MUEDEH3. On Thursday morning, the four prisoners Burgets, Kelly, Levy, and Sullivan, were placed in the dock, in the Magistrate's Court, on the charge of having murdered James Battle, on the 12th of June last. Notwithstanding it was pouring rain in torrents, the Court waa crowded. The first witness examined was Sergeant-Major Shallcrass, who, being sworn, said : I received information from Sullivan, on the 28th June, that he wished to communicate something to me. I afterwards saw him, and hod some communication with him. He made a statement relative to Battle's murder. I took it down. Mr. Pitt objected to the statement of Sullivan to Mr. Shallcrass being brought as evidence against the other prisoners, as it had been elicited by the promise of a reward from the Government.

Examination continued : Previous to making his statement, I beld out no promise, inducement, or threat j on the contrary, I cautioned him that whatever he told me would be taken down in writing, and might be used as evidence against him. He said, " I am aware of that ; but I wish to make a statement." He made the following statement, which I wrote down. Mr. Shallorass then read the following : — Burgess, Levy, Kelly, and myself, started early on Tuesday morning, on the 12th of June, from the Wakamarina, towards Nelson. I walked on some distance ahead, aud made a fire for dinner. My mates came up, and while we were at dinner, an old man passed towards Nelson. After ho had passed, one of the party, I do not know which, said, "Did you notice what a 'poke' he had ? "—meaning did you notice the bulky appearance of his pockets. I said "Oh, he is an old ragged man, and not likely to have anything on him." Levy remarked, "If I had my will, nobody should pass to-day." I was deputed, being the fastest walker, to follow the man, and get him into conversation, to ascertain where he came from, and what means he was likely to have. I overtook him and conversed with him. He told me he had been working for Wilson, cutting flax ; that he was an old whaler, and that he was going to Nelson for the purpose of getting a ship. We' stopped for a short time at the Tinline bridge. While there the rest of my mates came up. The old man went on. I told my mates who the old man was and said he had got nothing. Burgess replied, " it was a bad thing to let anyone pass. He is sure to know us, particularly you." Levy said, " I observed a bag in his pocket. ' Kelly said the same. I went on after the old man. I got into conversation with him again, and shortly afterwards the others came up. Burgess said to the old man, " Come, old man, I think you have got some gold on you." At the same time presenting a revolver at his head. The old man drew a sheath knife from his side and resisted. Levy took hold of him, and fastened his arms with a strap. The old man said, " Are you going to murder me ?" The old man said these words in a very loud tone of Toice, when one of the men replied, " We will, if you let the pay out " — meaning, it he hallooed. Burgess then sent me up the road, and Kelly down the road, to intercept any person that might be coming along, and shortly afterwards I came back again and met Kelly. I heard a noise in the bush, which sounded like persons coming through the underbrush. This was opposite where the old man had been stopped. Levy was carrying a long-handled shovel, which had been taken from the old man, and Burgess had a revolver. Three £1 notes, and a small quantity of silver was taken from the old man. Levy was the hanker, and kept the money. I did not know what had been taken from the old man until we camped for the night at Franklyn's Flat. Mr. Shallsrass here stated that, at the spot indicated by Sullivan, search was made, and the body of Battle was discovered, by a man named Baker. Cross-examined by Mr. Pitt : Sullivan afterwards told me that they had come on through to Nelson. He told me that on the way to Nelson he had planted a shirt. A shirt has since been found where indicated. The shirt has not been shewn to Sullivan I think. He may have seen it but Ido not think he has. It answered to the description of the shirt which he says he hid. I got it from Constable Marten. It has been in my possession ever since up to yesterday afternoon. Dr. Cusaek has it now. The reason why the shirt has not been produced, is because it has never been asked for. There are other things whioh have not been produced— other things that tended to corroborate Sullivan's statement have not been produced. Cross-examined by Sullivan : You mentioned the locality of, but not the exact spot where Battle's body would be found. In giving me the information, you mentioned that you had marked a portion of the road that would lead me to the body.

Mr. Adams stated that the evidence was now com-plete-in this case. Mr. Pitt argued that there was no evidence on which to commit the prisoners Kelly, Levy, and Burgess, as Sullivan's statement could only be accepted as evidence against himself, and not against the others.

The depositions of the former witnesses, J. Jervis, J. Wilson, D. Cooper, G. J. Baker, O. E. Cotterell, and T. Galloway, having been taken, The Resident Magibtbate asked the prisoners if they had anything to say, and read the usual caution to them.

Sullivan said: I have nothing further to add, except that the statement furnished to Mr. Shallcross was rather brief, and that I have sent in a more detailed statement of the mode in which the old man was destroyed, written from the information I received from the other three men at the camp fire. I refer to the statement sent to the Crown Prosecutor. I wish to make a statement whioh is relative to the case, which is, that I have been threatened several times by Burgess and Kelly, since I have been in gaol, that they will hang me. His Honour the Supkbihtbndent : Hang you, or get you hanged P Sullivan: Get me hanged. On the Wednesday morning, after Levy was taken away, both Kelly and Burgess told me not to be alarmed; that they could "cook" him— that is a cant word, meaning that they would do something to convict him. Kelly threatened, in gaol, to come and see me hanged, and then he would go and squeeze my wife and children. Kelly, on being asked whether he had anything to say, replied : "I told you I had not ; lam innocent." Levy said he had no statement to make. Sullivan laid that Burgess had composed a song about him, in which he abused his wife, and said he would see him swung. Burgess said he wished to make a statement, hut was interrupted by Sullivan, who asked the Magistrate to allow him to hand in another statement first. Burgess said he had prepared a statement which he wished to be read in Court, hut he desired that this might be done in the absence of Kelly and Levy, and in the presence of Sullivan alone. The Resident Magistrate : I cannot comply with this request. Sullivan passed to the Bench a written statement, which he begged might be read before Burgess. He •aid, " I have dangerous men to deal with, and the coinage of their brain is very great. I wish to protect myself against them."

The Magistrate received Sullivan's statement, and said, that the request made in it would be complied with as far as possible.

Burgess then commenced, in a firm voice, to read as follow*, requesting that it might be headed