THE MAUNGATAPU MURDERS. [BY ELECTRIC TELEGRAPH.]

North Otago Times, Volume VII, Issue 139, 21 September 1866, Page 3

THE MAUNGATAPU MURDERS. [BY ELECTRIC TELEGRAPH.]

Nelson, Sopt. 13th, 1.35 p.m. Tho special commission for the trial of the men accused of tho Maungatapu murders was opened yesterday morning by Mr Justice Johnston. His Honor addressed the Grand Jury at some length, commenting upon tho heinous naturo of tho crime winch had called for a Bpccial sitting of the Court, and its comparative rarity in tho colony. Ho also t>p. fitted tho conditions under which such deviations lrom the usual course of administration of justico ■were sanctioned by Government, and stated his belief that such a procedure in tho present instance was l)L l<it calculated to insure a calm and deliberate consideration of tho ease. lie alluded to Sullivan's ivadcnco a« an informer, in the case of the four men murdered on the Mauugatapu, having been admitted by tho Crown, and remarked on tho unsatisfoulory nature of such testimony, unless backed by correlative evidence. The jury should, us far us possible, confine their attention to tho evidence which would bo produced in support of Sullivan's statement. Sullivan had made his confession before hearing tho evidence of the various witnesses, and it was, therefore, more trustworthy than would otherwise have been the case. Still it must bo remembered his testimony could not possibly bo cleared of prejudice arising from the fact that it was dictated by tho strongest of all motives —namely, tho hope of saving himself from tho consequences of his crime. His confusion in Battle's case was totally different; it implied himself only;-and the jury must consider it ■in relation to the judicial admission of Burgess, in order that they might decide whether all four prisoners should bo triod for Battle's murder. The Urand Jury brought in a true bill against Burgess, Sky, } > and Levy, for tho murdor of Mathieu, KempDudley, and Pontius ; and later in the day, Jigiiinst all four prisoners for the murder of Battle. A special jury was sworn, to try the prisoners in tho lirst case. They all pleaded " Not Guilty," Burgess stating that, having already acknowledged his guilt, v ,r caaed tluis only for form's sake. Burgess and Kelly conduct their own defence, aud Mr Pitt appeari for Lovy. Tho trial is expected to last several days, n 3 Burgess and Kelly cross-examine tho witnesses at great length. m „ 6.30 p.m. Y' e o»prorao Court resumed its sittings at 9 a.m. lo-ttay. Sullivan was in the witness-box from 9.15 till dusk. Mr Pitt demurred to taking his evidence, as no had pleaded guilty to a criminal indictment. d»-«t g ?i? v T uled tho objection. The evidence was materially the same us that already given. About ZEh2 ? r 8. cs» commenced cross-examining Sullivan Thl ™ ! ence > insinuating his participation in tho murder of Dobson and Battle, and in several rob-

beries. Sullivan answered very coolly, and on the whole siKVrtjsfhlly. Burgess conclude.! at, dusk. The cross-examination is to bo continued to-morrow by Kelly, and by Mr Pitt on behalf of Lev) . — Press. Nelson, Friday. Sullivan, in cross-examination yesterday, stated that lie arrived in Tasmania in 1840, a prisoner of tho Crown. Ilo escaped to Victoria, nnd was sent to Port Arthur in 184S. Ho then went to Sandhurst, Victoria, in 1853, and was a storekeeper there. He states that ho was once stuck up by bushrangers, which ho reported to the police ; but he denies complicity in the proposed robbery of Mr Parr, at tho Ahaura River. He acknowledges going with Burgess and Kelly to rob Mr Kerr tho banker, lloss and Wilkie, tho storekeepers at tho G-rcy, and also to murder Mr Pox, tho gold buyer at the Grey, under tho influence of Burgess. Ho denied taking part in tho murder of Dobson, but was shown the body by Wilson, alias Murray, now in cut, tody. He also says he took no part in the murder of Battle. Tho cross-examination of Sullivan was resumed this morning, by Kelly, with far more point and acutencss. Sullivan disclaimed any inducement for confession, save a desire to divulge all the crimes of tho gang. He waited eight days to see what evidence the Crown would produce, to assist his information. He had not road the bill offering pardon before making the confession. Ho said that Kelly and his brother wero tried and acquittod of tho murder of Markis, who was shot on the goldlields of Victoria in 1852. Another man was executed. Sullivan and all the party were recognised by a sailor on board the Wallaby. Kelly tried by every means to shake Sullivan's veracity and motive for confession, but without success. Sullivan's accuracy as to facts and dates is most remarkable. Sullivan acknowledges to a false statement, and underwent cross-examination by the other prisoners regarding the Hokitika Camp robbery. Cross-examined by Mr Pitt, on behalf of Levy, Sullivan reasserted that he asked Burgess to let him go into the bush with the four murdered men, to free them by shooting Burgess ; without whom, Kelly and Levy wore cowards. Kelly endeavored, quite unsuccessfully, to establish an alibi, by cross-examination. Thirteen witnesses were examined. — Daily Times, 17th inst. Nelson, Saturday, L30 p.m. Tho Court opened at 9 o'clock this nioruiug. Sullivan weut under a severo cross-examination fiom Kelly for nrarly five hours. His testimony is in no way shaken. He nuido full dtsclosmes respecting his own foimer life. He was tried at the Old Bailoy iu 1840, aud transported. Since the expiration of tho" sentence, he had led a respectable life in Victoria. He :dso mado disclosures concerning tho antecedents of Kelly in Victoiia in 1852. Kelly and his brother and another were ti iod for murder ; ho and his brother got off, but the thinl was hanged. He made sevei.il (statements concoining the crimes committed by the gaug on the West Coast. Tho examination of other witnesses is uow going on. There ia a prospect of the trial lasting seveial dajs longer. — Press. A Monday's telegram states that for tho defence Burgess and Kelly called numerous witnesses, without auy leault. Levy's counsel called a porson who washed Sullivan's clothes., on which she discovoied unremovable marks liko poi twine marks. Burgess then addiessed tho Court, chaiging Sullivan with peijury, and attempting to get, up a sensation by his minute details of the mm dors. Kelly's address was a lambling tirade against Sullivan, and abounding in blasphemous platitudes and appeals to the Deity. Mr Pitt, Levy's counsel, contended that there was no evnlenco nguinst Levy of conspiring to tniuder, and impugned fcjuUivan's veiacity. The Judge v/a% to sum up on Tuesday. ( FROM OUR OWX CORRESPONDENT. ) Chiibtohurch, 20th Scptembei, 1SG6. Sentence of death passed on Burgess, Kelly, aud Levy for tho Maungatapu murders. Sullivan was tried separately for Battle's murder, and found guilty ; but it is (supposed that he will not be hung, his evidence being rcimiicd in the West Coast miuders.