THE MAUGATAPU MURDERS.

New Zealand Herald, Volume III, Issue 892, 22 September 1866, Page 5

THE MAUGATAPU MURDERS.

TKIAL OF THE PRISONERS. [ supr one court, nelson. WkTIXESDAY, SIPT-EStbEK 12. (Before His Ifonor Afr. Justice Johnston.) f Condensed from. Kelson jauynals.) PrxcxTAI.LV at ten o'clock His Honor 111 c fudge entered the Court-roont, accompanied by .lie y.lieri.i'l and iTr. J?oynter, Resident Alagisirate, and took his seat on .the Bench. TIIIS JUDGE'S CiUROK TO THE GRAND JURY, Mr., lYinmrAjr asd Gentlemen oi? the Gkaxd Jrjrv The occasion of out meeting together at this 'xtraordinary sitting of this Court is hut too lotorious.. Great crimes have been committed vithin this district, and great excitement has. laturally arisen on the discovery of those Times. The natural instinct of self-preserva-ion, which is called the first law of nature, must lcccssarily exercise a vast influence on the feeing of a community.; and it would require the ncereiso of a great effort to overcome this feeling : )t our common nature. But it is one of the lighest triumphs of civilization and religion that, without ignoring the existence of our human >assions and human instincts, they guide md control those natural foeli.ng.s, so hat their legitimate exercise shall load. ;o -'-the welfare and general advantage >f (he community. The feeling of revenge has jeen called wild justice, and any System of phi* Osopliv which would ignore that feeling as a latural instinct, exercising a certain amount of influence, would he based on erroneous principles. But, as J have said, it is the viutnph of civilisation that it guides and imits in action ; and, when the first expression >1 indignation at great crimes is over, that, civilization enables us to approach their final investigation in a tone of calmness and reason. V distinguished writer on jurisprudence has •ecently said, respecting our criminal jurisirttdence, " viewing it (the English Criminal L'roeedure) as a whole, it would be unjust to lefty it the praise of being a generous, humane, ind high-minded system, eminently favorable to individuals, and free from the taint ot that fierce :owardice which demands that, for tlie protec* ! :iou of society, somebody shall bo punished when i crime has been committed." In a wholesome system of procedure, time is afforded to allow 3f the cessation of the feeling which great outrages create, and for the discovery of all avail- • ible evidence, to trace every species of fact tendng to establish the guilt of innoce.nco of persons iharged, or to discover tlie persons on whom •est* the Strongest suspicion of guilt. And, no loubt., it is a wise course which eschews pre-., ;ipitatiou on the ode hand, and at the same iime does not allow lapse of time to exhaust mblic patience, or to diminish tlie means of jstablishing the truth. Now, gentlemen, his Kxeellency's advisers, actuated, I presume, by/ :his' s consideration, resolved on proclaiming a special sittings of the Supreme Court in this listrict; and I think I may congratulate you vnct the country at large, that we jy:o now able to Uitj discharge of our duties at this ime. We must take all proper precautions in. swell grave affairs as we are here to consider* est';; tlie - eye of reason should be jaundiced by vrejudice-, or dazzled by passion, or tlie arm of ust ice should smite wildly or without discrimination; Having said this much I shall proceed, to. aotiee the cases which are to come before .ho Court. His Honor thou explained that": the four murders o.? Kcmpthcrrne, IJuuley, -Maf.Viieu. and Do. Pontius would be ueocssar'Ay the. subjects, of four separate indictments. On Sutilran's evidence he said, I understand that leave will be asked from the Court to allow ono of the parties charged with the crimes, although ho was not oommittcd for the .offence-—! mean SulUvan—to go before you to. give evidence in the ease. Now, on the assumption' that an iit;t:oiiiplicc will be offered as a witness, -in tlie case, I iiiay without travelling into the details, do my best to make you aware of the leading features of the ease, and I will, ask you first to consider the case apart from, tho evidence of the accomplice. It may be that his evidence will not be required, that there will, be sufficient proof without tho evidence of the ssamc accomplice. His Honor then shortly reviewed the case as it would standi"without Sullivan's evidence, and concluded his remarks on this ease by saying,-— The doctrine regarding the evidence of an. accomplice is this'; in strict law a man may bo convicted on the evidence of an accomplice,.' without any corroborative evidence, but judges usually, advise jurors, and juries generally follow their advice, not to convict unless tlio evidence of the accomplice bo corroborated by that ot"other witnesses in important parts, not. only as to the offence, but also as to the identity of the parties who committed it.With regard to Sullivan's evidence, that was taken before the Magistrates where he was' liable to 'bc.:rross-exaniiued J and if his statement then; was tho only one made by him—made, after having heard the other witnesses in tlie "if.was to" be considered how far he was actually or probably adopting the evidence, he hadheard,; and concocting a story to agree with that-.s But I am informed that this was not the. first statement that he had made, and that he had made tho same statement to the police long before the time when the evidence... was given before'the magistrate. This makes "a considerable difference iu the matter, and renders his statement less open to objection 'than if it had been made for the first time after he. had heard all the evidence of the witnesses. Yon will hear his statement from his own lips, and be able to ascertain whether it is in keeping Tith truth or probability, and whether the time and plate and other circumstances arc corroborated by Other witnesses. No doubt Sullivan, in making this statement, or confession, was actuated by motives either of obtaining pardon or reward, for he knew, as you now know, that he wa,s not only charged with complicity in those uuirdevs, but also in theother nu'.ruers • and therefore ho must have hs/i interested motives in making his confession. It is true that the highest: authorities in England ha:?e recently ruled that it is wrong to accept the testimony of accomplices until after they have been acquit ted or convicted, and sentenced, so as the witness may lie free from the influences which the hope of pardon or the fear of punisliment may have upon him. But in a ease like this, when, the accomplice is charged witl several crimes, and his evidence is deemec necessary in one case, it may be impossible prac tioally to apply the principle just mentioned His Honor next adverted to the murder o Battle, and pointed out that Sullivan's con fession on this point would only go as evidenci against himself. On Burgess' statement hi said, you will also be asked to take into con sideration the judicial statement made by th prisoner Burgess before the magistrate, an< in. which you will observo that while Burgess ' appears to admit his own participation in th Crime, he throws, the greater part of the guil on another. lam bound to tell you, and yo ■ cannot shut your eyes to the fact, that hj , statement is not made on oath, and he was nc 1 liable to cross-examination ; and that, therefore jj I though the statement is evidence against him t self, it is not evidence against any one else. 1 Til R TRIAL. 1 At about, twenty minutes to one o'clock th e Grand Jury brought in true bills against ti prisoners Burgess, Levy, and Kelly, for tl 0 murder of Felix Mathieu, John lvompthorn James Dudley, and James De Pontius, an n thereupon the three, men were brought, in an : placed in the dock, and the several, indietmeni j. read to them, charging them with the murde I, of Felix jMathieu. On being severally callec oa to p lead to the indictment,

Burgpss said: I have already acknowledged before (!od and the public, that I am guilty: of these wilful murders, and I do not mean to depart from that now; but for the sake of form, I shall, plead not guilty.. Kelly pleaded JN' ot Guilty. Levy pleaded Not Guilty. After all the pleas were put in, the prisoners asked to be tried by a special jury, which was ordered by the Court. Kelly said : I understand I am not to be tried until Monday, The. Judge: Who told you that? Kelly: 1 heard, it this morning on my way down in the coach. The Judge said that a misleading statement: of this kind had appeared in one of the papers, and ho censured, the publication, of s.uch un- 1 founded assertions. Kelly then made a rambling statement, purporting to complain of the evidence given in the -Magistrate's Court by oue of the medical witnesses respecting the weapon which may have, caused the stab wound in Mathieu's body. In reply to the .Judge, burgess said he was undefended by counsel. Levy said that Klri Ihtt would defend him :. and Kelly said he was ■ ■ prepared to go on with his own defence. The names of the Special Jury were called over. Levy challenged • two of the jury, and Kelly also two, The Judge here asked the prisoners whether they had been supplied with writing material, and was answered in the affirmative. The first indictment against the prisoners was: for the murder of hVlix Mathieu. .Mr. Hart then addressed the .Jury for the prosecution. He said, in the face of the possibly very extended inquiries which it may be necessary to cuter into in this case,.he would not_. detain them by any remarks upon the impo rtance and gravity of the circumstances attendant On it, which happily were, but rare in the colony. He was able alike to congratulate tlieOrOwn and prisoners that the ease to be tried by a special jury—by those who would most likely be free from the prejudices whie.li beset a. common jury. before stating the. facts of the rase he would state that there, were many circumstances in connection with it which, although trivial in appearance, would require the utmost attention on their part. The' three prisoners : were first indicted for the murder of Felix. Mathieu. He was a respectable storekeeper residing at Deep Creek, and together with threeothers, left Deep Greek for the purpose, of coming" to Nelson. The learned counsel then went briefly through the evidence, which, it is unnecessary we. should follow. Thomas Bruuner, a surveyor, deposed to' Laving mapped the road over the Maungatapu from iS'elson to Canvas Town. Copies Ot the map were produced and to the judge, jury, Mr. Pitt, and to Kelly and Burgess, who were undefended. The road is distinguished by letters, marked along it in various parts, and an explanation will be necessary to oiiable readers to follow*" tlie evidence—A. represents the spot where Battle's body was found, next eOmes iVanklyn's Fiat. Eis a spot where a tree was found lying across the road, but under which a horse cbuld pass. Cis the rock cropping out of the near to the creek up which the men w profound. 51 mouth of the creek where it cm _. bouehos cm the road. £i represents the p' jint in the creek up from which the bodies of t\ le j nux . d.ered men were found, Dis the spot ' .there the body of Dudley was found. E \vh'. re 0 f Mathieu. lay; JP, Kempthorne ; G-, Pontius, as stated by those who found the lj odies. K* represents the spot where the bodv of the liorsp was found. H I where Swag found. JLis where the old chimney sta.rtds, on the Nelson side of the Maungatapu.. Hie question having arisen, as to whether' the undefended prisoners, or Mr.. Pitt, Xjevy's : counsel, should, first cross-examine the witnesses, it was decided that the undefended men. should do so, Burgess saying, '' I merely stand here as an expert in this awful tragedy; I donot anticipate any advantage to myselK but I, on consideration, should wish to cross-examine-Sullivnn before Mr. Pitt. Mr, Brunner was cross-examined shortly by Burgess, as to the various positions marked. [The Grand J Ury here entered with a true bill rigainst Burgess, K oily. Levy, and Sullivan, for the murder of James Battle,] The Judge: It will be necessary to take the pleas of the prisoners in this case as to the. jury by which they will be tried. You will see the reason by and by. Let Sullivan be sent for. Sullivan, was brought into Court, and placed, in the dock with the other prisoners. Tile .Tudge : Prisoners, do you wish, to bcr tried by special jury ? .Tho prisoners Burgess, Kelly, and Levy, expressed. a wish to be so tried, but Sulli van said lio was indifferent oil the subject. It was; then agreed that the trial should be oy a special jury.. To the question, whether guilty or not guilty,. Burgess said lie was guilty, but as a matter of ' form, and to forward the ends of justice, he would plead not guilty. The other Uhree prisoners also pleaded not guilty. AV. Flett. a police constable, was next examined, and described the position in which he found the bodi?S--He was cross-examined at some length by Burgess, but nothing particular was elicited. C. \v\ Davis, another constable, also deposed to, the position in which the bodies were found, and differed slightly from the previous witness on the matter, upon which Burgess said, " The witness is right, tho diagram Wrong. I am the unfortunate man who did the deed, and therefore I must know." hVL. Vickernuui, a surgeon, deposed to having examined the bodies, and described the nature of the wounds. Two other -witnesses were then, examined, and: the Court adjourned. | . "j; SECOND DAY. TncBSDAY, September jig. The Gourt opened at nine o'clock,, and Bulliyair the accomplice, was put in the witness box, Mr. Pitt (Levy's counsel) objected to his evidence being taken, on the ground that it was not proper to admit him as King's evidence while still charged ; with another offence. His Honor over-ruled the objection, and in the . course of hia remarks said of Sullivan, in the preL sent caße there is not the smallest grounl of toy kind for this -witness believing, or being led to believe , that his giving evidence in this case will in any way free him. from the consequences of the other crime * with which he stands charged. I shall very carefully, and very solemnly warn the witness against " that. [His Honor then went over a few points in 5 the case, anrt pointed out that On no occasion was 3 thero any hope hold out to: Sullivan by the M!agi.= . - I trate ; and he made, reference to the proclamation of e pardon to an accomplice in these four murders' 1 pointing out that the proclamation was perfectly 5 silent respecting the other murder with which ' Snllic van was charged, and had no effect whatever on his (, position with respect to that murder.] Ll J-oseph Thomas Sullivan (who remained in the , witness-box while the debate on the admissibility of " his evidence was going on) was then sworn. ■ The Judge then addressed him: Sullivan, you ! > have heard what I, have just said respecting you ? Sullivan : I have,, your honor. The Judge: Then it is .mj duty to teli you. that,, whatever motives, may have induced you to make the e statement or confession which .you have made, you e labour under the strongest possible delusion if you Le Suppose that tho manner in which you give your evident; o in this case to-day will have the Biighest effect I' on tho result of tho trial of the charge of murder for 4 which, you are indicted.. ■ Sullivan: I shall confine myself to the truth, your ■ • s honor. _ -:: _ r Ho then proceeded; to give at length the evidence* ■ I [ which we have already published when, ho gave it • the Resident Magistrate's (Jourt.

The Judge then said: Now, Hings?, ii is your time to cross-examine the witness Burgees: I <'o not l:now -.our Hi- <-r. being inexperienced in such lniitt'T-., what l.iiitudo I am allowed in putting questions to thv ".V i' 11 What I •wish to do is-merely to forward the (»ml< uf justice. Tho Judge : The Court cannot admit Mint you are here as an advocate of justice. Tour positionistlr.it of a nrisoner on trial for a capital offence, who has admitted being iruilty. yet pleaded not guilty in order, as i:. appears, to hive an opportunity of accusing another. 1 must here inform you tlmt you cannot state facts which do appear in evidence. If you do so 1 must stop you, and you must oi:h cross-examino 011 matters wh.ch. are revolaut to till ease. Burgess: When did you arrive in the colonies, Sullivan ? Sullivsn: I arrived in Tasmania in January, IStO, as a prisoner of the Cr wn. I «m an expiree convict of six-and-twenty years standing in the colonies. 1 arrived by tho Cant-on. I was tried in Kngland, at the Central Criminal Court, Old Bail;)', for robbery from a ship. I did not hear the sentence. It mil either seven or fourteen yi- lis 1 think seven, because I only served soven years. I was first at Newton, in Tasmania. I was afterwards at Port Arthur, in 18-IS. I was a pri-oner for five years in Van Dieman's land, and I never hive been tried or charged •with felony, or any other crime that could constitute felony, since I arrived, for a period of eighteen yeirs, until X was with Burg.-ss and the others. I was sent to Port Arthur from Victoria in 18k?. Burgess: Ah! Were you eve- in the bush in Van Dieman's .Land? or did you ever st.-al a boat while you were a Crown prisoner thoie ? Sullivan: No, never; I arrived in Victoria in 1845. Burgess: Were yon an escaped convict? Sullivan : I was. I arrived a passenger in .a ship. My employer in Launce-ton afterwards was Mr. John Crocks, merchant. When 1 escaped from Tasmania, I waß holding an indulgence, and, like many others, I thought I should never be misled. I was in T-raunceston in ISSI, IS >2, and IS-53. I was sont to Port Arthur because I had escaped. A person to •whom I used to give money informed against me, and I got only a nominal sentence because of my previous character. I got twelve months at Port Arthur. Esciped convicts were usually eent to Norfolk Island. Burgess : Whin did you go to reside in Victoria permanently ? Sullivan: In Sepetmber, 1553, to Sandhurst, Now Bendigo, I was a storekeeper there. I went to Wedderburn in 18-3-1, and nev-'r was away from it a week until I got acquainted with you at Hokitika. I did not know Detective O'Neill. [ was once stuck up by bushrangers. I knew one of tbcin. Two of them have been executed since, and one is doing penal servitude; I do not know his name. They stopped about thirty men that day. I reported this stickingup to the inspector of police. Some others were taken as early as eight in the morning, and mv trap •was stopp d on the road sit two. 1 reported for tho furtherance of justii-e. One of the police got shot. I don't know the name of one of the men as Gii'sy Smith; he went by the name of Turner when he kept a store at Sandhurst. Burgess: Were you ever caricatured at Weilderburn as in the act of choking two men, one in each hand, and joar wife rifling their pockets ? Sullivan: No, never; I never saw such a thing. (To the Judge) : I wish your Honor would ask hin not to speak about my wife's name ; I cannot go on if he doe?. (Here he stooped his head, aud leaned over the box.) The Judge : I cannot stop him. Tou need not answer questions unless you please. Sullivan (in a subdued tone) — I shall endeavour to answer ail he asks. Burgess: Were you suspected of horse-stealing at Wedderburn before leaving for the West Coast? The Judge here interposed, and pointed out that the witness need not answer the q"estion, and that these questions had nothing whatever to do with tho case of the murJer. If a question was put to damage •the former character of the witness, and even if he .answered wrongly, Burgess was not entitled to prove that it was wrong, but he must accept the answer. Sullivan: I'll answer him your Honor. I nover ■was suspected of horse-stealing. Burgess . What female was that y>u had at 110Ktika ? Sullivan: iV'one. I know Walker landlord of the Hope and Anchor Hotel at Hokitika; I owed him money j t>vo weeks board while waiting for you when you were in the lock up. Burgess: How did you become acquainted with ane? Sullivan : You became acquainted with me rather—l was in Pokitika, and I brought •with me a considerable sum of money, what I call a considerable sum, and began to go to the the;.t.-e and to a hotel, and I used to see yon and Kelly in the theatre with women, and wo used to meet, but did not speak; on the 27th April, Lcry stopped me in the street, and took me to a man named Solomon, near the Jockey C ub Saloon, and then Levy intr-jduoi'd me to you and (vellv as men •who wished to sell shares in the Kanieri claims. X .quarrelled with a m.in who attempted to rob me of half a-sovereign, and gave him in charge. I did not prosecute, because you ail Kelly go- me away in a boat to the South Spit. I did not go on Sunday t) rob Mr. Parr, at the Ahaura river. I went with you and Levy to rob Mr. Kerr, she banker, at .Ross,"because >>n the previous night when Burgess and .Levy and K-.-ily took me aw.y to the Jiouth -Spit to prevent from appearing against the man who stole from iine, I came homo the worse for liquor, Burgos .-afterwards went io a hou-e in a back street and left .me, and then they w.-nc rom that house and ribbed a store. I wis called out and given £■'). as proceeds ■of the robbery, 'ih'-y stole a cash-box with £-'■) in it they told >ne, and I saw Burgess burn a Bank of Sew South Wales cheque for £- iO. Bur-jess : Were you a witne-s in my behalf when I waß charged with the Camp robbery ? Sullivan : I was. Burgess : Statu tho evidence you gave on that .occasion. The Judge: I do not think thi* is relevant. IBurgiss : It is a matter of direct perjury, your Sionof. The .Judge: Then the witness is not bound to ; answer. Burgess : Did you perjure yourself? The Judge : You need not answer that question. Sullivan : I refuse to answer. Burgess: Did. you swear I was in your company when the mar. Chamberlain found and gave me some revolver eases ? Sullivan : Yes, I did. Burgess : Was io the truth. iiullivan : I refuse to answer. ' Burgess : Did you charge this same Chamberlain with tuis robbery of the cam}) ? Sullivan : No. Burgess : You went with me to the Grc-y ? Sullivan : Yes, aud stopped at the Provincial Hotel, and stopped till the following morning. I ■came away with Kelly at six o'clock, before daylight, in the morning. Burgess: Did you go with me to rob Mr. Wilkie, •while at the Ore-', on tho Sunday afternoon ? Sullivan : I did. .Burgess : When did yon murder llr. Dobson ? The Judge: You need not answer that question. Sullivan: I will answer him >,our Jioucr. I saw Mr. Dobson lying dead in the bush. His body was shown me by two men. Burgess : Was the man Wilson at Hokitika one of the two men ? Sullivan : Yes, lie went by the name of Murray. "The Judge : I can see the drift of these questions ■ij ba apart from the care altogether, I can't see how ■-they can bo relevant to the murder of Mat hi u. Burge-s : It bears a great de il, because I was privy to the murder of Dobson ; and this unm Wilson was with me at the Grey, and Suilivan has since • charged hina with the murder. (l'o Sullivan.) ilow •far was the place you saw the body of Dobson from ■Greymouth ? Sullivan: About seven miles. The Judge : Have you charged Wilson with the •murder of Dobson ? Sullivan: I have not charged him. I gave information relative to the murder of Dobson against a :ir.an namtd Wilson or Murray. He was one of the ■men who showed mo the dead body of Air. Dobson. Burges : Did you go with me on purpose to mur- • der Mr. Fox, tho gold buyer at the (iny ? Sullivan : Yes. Wils-'ii took the firearms. They •were always taken to a Jew's house at night, until ho •refused to have them any longer. I took the arms on board the Wallaby. Burgess: Have you given information against the man who kept the arms for y. u. ? Sullivan: No. I left the arm> at a public-house 1 kept by Cross. :

Burgess: Did you give information against Mr. De ] Lac> ? Tim Judge objected to this question, and ruled that it could not be put. Burgess : Did Do Lacy boo you on tho road the day that you murdered Mr. Dobson? Tho Judge : Ho has told you ho did not murder Mr. Dobson, and you cannot put the question thus. Burgess: Well, the day \ou saw the murdored hody of i'obson ? Sullivan : i\<»t that day, but the day before. Burgess: Ik he a witness against you for tho murder of Dobson ? Sullivan: So, I think he is more liko a criminal than a witness. The Judge: He cannot bn a witness ng.ain=t him; Sullivan is not charged witli that murder. Burgess: But, your Honor, there is a proclamation out giving his description. Tho Judgo : It has jnovor boon boforo,the Court. Burgess: Did you propose that as there was probably (jold on board tho steamer Wallaby, that we should soize tho ship ? Sullivan: .Never; such a thought novor entered my mind. Burgess : Who took the large knife from on board tho Wullaby ? Sullivan: J saw Levy take it. [Handle of knife produced and identified by witness.] Burgess : Why did you murder that poor unfortunate man. Mr. Battle P The Judge to Sullivan: Don't answer the question. Sullivan : Yes, your Honor, I'll answer it. I did not murder him, neither did I see him murdored. I was told he was murdered, and I know about the spot where ho was taken. Tho Judge: Tho Court cannot allow this to go on. It is most irregular, and has nothing to do with this case. You must not answer. Sullivan : Well, your Honor, I will not answer. The Judgo cautioned Burgess to limit tho scope of his questions, which were beyoni the limits of tho loosest cross-examination. Burgess: Vou said I lotded tho guns on Monday night at Canvas l'own ? Sullivan : Yes, so you did. I saw you load them, and the pistols too, aud cut the bullets. You put a bag on one window and Levy's macintosh on tho other, bo that nobody should see what we were doing. We staid up later than tho storekeeper that night. Burgess : Why were you not allowed to go into the bu-in with tlnse four unfortunate men whom we t >i k up the creek ? Sullivan: I can't toll you. You would not allow me to go. Burgess : Were you privy to any arrangements of ours the previous night ? Sullivan : N'o. Burgess : Were you considered as our equal ? Sullivan : I don't know, nit altogether. I was in some things, but I was rather your slave. Burgess . Were you in our confidence ? Sullivan: Not altogether. I was not allowed to know much, but was Kept in the. dark about some things Burgess : Why did you not stop Mollor ? Sullivan : I did not stop him for fear ho should bo destroyed like the others, aud like the old man. Burgess : Then you were privy to their murder, were you ? SaUivan : I knew Battle was killed. Burgess : Why did you hide the shirt ? Sullivan : Because X wanted to know whore I had hid the gun, that I might discover it at another opportunity. Burgess : How was it that you woro deputed to hide the satchel at tho chimney ? Sullivan: Because you and Kelly were employod packing up your bundles, and Levy was putting out the tiro. Burgess : What gold did you give to Miss Owens ? Sullivan: A small speck, about two grains, that I found in my pocket. [ believe I may have told Mr. Owens that I was one of a party who got ounces at the West Coast; there was a great deal ol talk going on, and I may have said 7''oo o '.nees. On Thursday mooting at breakfast time, Owens said he knew my features, and he asked me if he had not eeen me the previo"s morning drinking at the Port; and i led liirn to believe that he had. I did not tell you On Saturday, llilh June, that Owens had sent a te'egram. I did so (you that night-. I heard that tuid, but not on Saturday night. Burgess: Did we not ass-imblo together frequently ? Suiavan: only one night. Burgess: Our rendezvous was Edward's store ? Sullivan : Yes; wo met there on Friday, 15th, and you quarrelled with Kelly, and you insulted me, and from that minute 1 intended never to meet you aga n on earth, and that was my reason why wo did not meet till Tuesday. I was in Potter's, the Coach and Horse:-, on Monday. The subject ofthe present trial was spoken of. Mr. i 'otter did not on any occasion point to ino and jocularly Pay " thero is tho murderer he never said anything of the sort to mo. Burgess: Did you ask for legal advice when you were arraigned ? 'I lie Judge : What will this prove ? Bur goss : His conduct, your Honor. Ho said he was prepared to confe-s at the first opportunity, yet he asked for legal advice and pencil and papor, and took notes b -fore the magistrate, and handed the paper to me put the other two men, and yet he siys he was prepared to do auything against us. Sallivan: I'll explain, your Honor. While we were in the lock-up it was suggested that one of us should cjndnet the ' ase for all of us, and the lot fell on me ; but X wou'd not have it, and threw the onus on Bur-'ess, as I would not give up the £20 I had hid about me, and which I kept for another purpose. Burgess give up his £-2U nolo, and when Mr. Pitt came lie we tto Burgess. I was waiting for an opportunity to give information. burgess .- Why did you not give information when you first came into town ? Sullivan : Because I was in danger. Burge s : Oh! how far were you residing from tho police station ? fcullivan : I was not in danger of being knocked down, but thero was a danger of not furthering the ends of justice bj- giving inform itiou too early. I'n-ge-s : If you had not been arrested, you would not have given the information ? Sullivan: Yes, I shcull. Burgess : Did you t. j li the place where the body of Battle was to bo found ? Sullivan : I lid not. I stateil tho locality. Burgess (to the Judge) : I do not think I shall ask any more questions of this man. In our phrase, your Honor, he knows too much for mo. Tho .fudge: You had bdter consider well before you determine, sis, if you close your crossi xamin -tiou to-nighl, I shall not allow you to re-open it to-morrow. Burgess : I find his answers are net satisfactory. Tiie Court was then adjourned exactly at "six o'clock, until nino next morning, Sullivan having been under examination for eight hours and a-half. TUIBD DAI'. Friday, Septkmiiek M. The Court assembled this morning at nine o'clock, and Sullivan was again plat el in tho box. The prisoner Kelly proceeded to cross-examine Sullivan. Kelt-- : Xs all you have stated at-this trial true ? Suilivan : \es; as fap as X can recollect, I havo stated nothing but too truth. Kel v : How long is it since you first met mo ? Sullivan : On the 27th of April last. Kel y : Did you not know mo in London ? Sullivan : Never. Xv-elly : Y/ere you not in the same school as mo in London as a boy ? Sullivan: >'cver. T!i a Judge: A t what school were you taught ? Sullivan : Partly in Ireland your Honor. I have not been at school sinca 18i7. Kelly : Wliut did you ri ake your confession for ? t-uliivan : To endeavour t) bring you to justice, and convict you if possible. Kelly : What other motive had you i, i Su livan : Aono. Tho Judge; Now, Sullivan, you reflect a little. Had you no other motive than this, no personal motive ? Sullivan : I had no other motive except to bring before the Cr-urt all tho facts connected with these murders and roboeries, and other crimes. The Judge: Had you no other inducement in the shape of pardon or leward ? •■•uilivau: ; f had no inducement of any kind. } Kelly : How long were you in the lock-up beforo making your confession ? Sullivan: Eight days; I was waiting to see what ' witnesses wo"Id be produced on the part of the Crown, 13 assist me in laying the information. Kelly: Bid yo 1 " bojf vo, before you made your confession, that the mi: siag bodies would soon be found ?

Sullivan : I did not believe they would soon bp found; you said that they would lietei bo found, becauoo the place was too inaccessible: to get to them. Kelly : What did you say when you were arrested? Sullivan : I said that it was a novel charge. I was sitting down waiting to be arrested, your Honor- I could have escaped if I had wished, fjr I had P' e oty 0 f time. I saw an advertisement lpiig. boforej and J know a constable had been 6erit for me, and I waited until ho came. Kelly: Did you believe before you mado your confession, that Burgess would make one befpr.i Sullivan : No ; certainly not. .1 never hoard he would confess. You Baid quite, different from that. You advised us all to keep quite, and hold our tongues, and nothing would be proved against us You said, too, that that was the way you and you brother were acquitted in Victoria in the case of th murder of Mr. Marks, and that: you and your brother kept a quiet tongue, and got off, and tlio othor man was executed. Marks was a person who was shot on the gold-fields in Victoria, in 1852. Kelly: When Air. Moorehouso. the Superinten. dent of Canterbury, came to look at you in th lock-up, why did you tell him that yoil knew nothing of the men ? 1 Sullivan: I never saw him to my knowledge. Various gentlemen visited us in the prison, looked into tho cell, and went out again. Kelly : Did you not abuse him when he came to 1 look at you, and a«k him who tho hell ho was, that he should look at you ? Sullivan : No. Kelly : What did you say to Mr. Jervis when ho 1 came to soe you in the cell, telling you. at the same timo how that ho wished be had poisoned you ? Sullivan : Mr. Jervis said, " Well, Sullivan, how ' iLrt! you?" I said, " Thank you, Mr. Jervis,. X am quite Willi—l am better." ilo said, " X wish the . dose I gave you had poisoned, you meaning some bni nd y and cuyenno ho gavo me .for dysontery, your Honor. Kelly: Did you say, when Jervis left the cell door, that your wife had given you what would poison all the Jcrvises and Owens in New Zea--1 land ? Sullivan : No, never. ' Kelly: Will you swear that when Mr. Potter ' drove you out in a break a gentleman did not cotnn out of a house and ask Potter whether anything had been heard of the missing men, and that, Mr, Potter ' did not sav that every house ought to turn *ome one ' out to search for them ? Sullivan : I will swear that that did not happen on Sunday. You told mo that a conversation similar to that had taken place on Tuesday, when riding out, but T was not with you at tho time. Kelly : Were not" tho missing men being talked about at every house We stopped at on tho road, especially where we stopped t.a dinner ? Sullivan : No. I never heard anything whatever said about them. The Judge, after considering whether such an examination was relevant to tho case, admitted the answor as being evidence which tended to test tho motive of Sullivan's confession. The Judge : Whore did you dine on Sunday. Sullivan: At the Bridge Inn, Waimea East. The Judge : Did any conversation about the ' missing men take place whilst there ? Sullivan: I never heard anytning whatovor about them then. Kelly : Or at tho other placos at which we stayed to take refreshments ? r Sullivan : I said before that I did not hear the circumstance mentioned anywhere. ' Kelly: When you made your confession, had you any of tho deceased mon's property in your mouth ? ' Sullivan: I know what you mean. I had a £20 note concealed in my mouth whilst in the lock-up, but not when I was making my statement to Air. Shallcrass. I took it out and gave it to Mr. Shallcrass when I went to mate my statement. Burgess had a £-0 noto too; all except Levy lnd. I kept mine in mv mouth whilst in the lock-up, Kelly : Your Honor, does ho admit having it ill his mouth P The Judge : Yes. [His Honor here read the evidence just adduced.] Kelly; Did you not give tho £20 noto to Mr. Shallcrass after you had gone to tho gaol ? | Sullivan : No, certainly not. Kelly : What did you bolievo about the bodies of j the midaing men being discovered, previous to your arrest ? Sullivan : I felt confident that they would be found; but you (Kelly) did not.. You said thoy : never would be found —the place was too inacessible. 1 Kelly: Kavo you not stated before, this morning, that 3'ou did not believe that thoy would be ■ found ? Sullivan : No, I never said such a thing. The Judge: Yes, you did. [His Honor read from his notes. Mr. Hart corrected him by Baying that Sullivan had said that ho did not believe tho bodies ' would soon be found. His Ilonor ramarked that it showed how necessary it wa-i for tho oounsel for the prosecution to take moßt accurate: and voluminous notes.] Sullivan : I always believed tho bodies would bo 1 found some time or another. Kelly : Did you not sleep in a garden on tKe 13th June, somo distance from Mr. Owen's Hotel, for tear of arrest r 1 Sullivan: I slept on the night of tho 13th Juno ' in Air. Owen's hotel, in a room with a butcher. The 1 room was a double-bedded one. t Kelly : Did I not tell you on the following day, that Owens and I had something to drink, whilst ; you were giving your coat, boots, and drawers to tho ' ostler Y The Judge remarked that it was an intelligent rule that facts which were not proved were not to be answered, and the question must first bp put as follows : Did you give your boots, poa-jackct, and piir of drawers to the ostler on Thursday, Juno 14th ? 1 Sullivan: Yes. 1 did your Honor. Kelly : After that, did I tell you that I had somo- ; thing to drink with Owens, and, whilst doing no, saw constable take the things you had given to tho ostler to the lock-up ? Sullivan: This is tho first time 1 hiive heard of it. Kelly : Is the statement you undo yesterday and . to-day as true as tho statement you. mado before. ? The Judge : 1 must put tho question thus—Have you made a statement before ? Sullivan : Yea, your honor ; I mado ono detailed statement concerning tho men. This is now ten weeks ago. It consisted of thirty-two folios, and was sont to his Ilonor the Superintendent. I have Written no other statements except those to the heads of police in other districts. Kelly : Do you know whether any of your letters had bi'en intercepted before your arrest? tSullivan : I am not aware that such has bqen the case. Kelly: If tho letter which you say ypu wrote at tho (irey to your wife has been intercepted and opened, will it not prove that part of your statement respecting me is false. Did you not toll your wifo that yoti had got plenty of money from me ; Sullivan: Yes, X did; and you read tlio letter afterwards. It was written at your dictation. The Judge: Was the lutter to your wife dictated I by him ? Sullivan : Yes, your Honor. Kelly : Will yon not swear to anytl ing you like ? Sullivan : I will swear to thy truth and nothing else. Kelly : How many witnesses did swear to you bofore you confe3eed ? Sullivan: If I tho list I could tell you. Ido not know. Tho Judge : "When were yo.u first examined before the magistrate ? Sullivan : I was examined on the 26th, and ruade my statement on the 28th. Tho Judge : When were you examined as a witness before the magistrate ? Sullivan : On the 2nd of August. The Judge then said : The depositions taken at the examinations will enable you (.Kelly) to ascertain the number of witnesses who have Sworn to this witness. Kelly: Did you hear the whole of the witnesses examined throughout the examination. Sullivan : I don't know whether I beard them all, but T heard a great many. Kelly : How many persons have visited you since you have been in tho t;oal ? Sullivan: Only the Visiting Justice, the Superintendent, a mercantile man from Victoria, and a young ■nan who came over in the same ship from Victoria with me, and tho medical man. Kelly : Before you made your statement, did you hear ilfr. Pitt Mr. Jervis ? Tho Judge: Was Mr. Pitt counsel for the prisoners then P Sullivan : Yep, your Honor, he was on tl occasion, and attempted to show animosity on the part of Mr. Jervis. 1 heard the examination*

Kelly : What question did you ask Mr. Owens ? i Sullivan: You instructed, me to ask Mr. C.>wehs > whether or not lie had sent a telegram to the \Vest Coast, after four Germans who had gone to the Weft. Coast, and who were supposed to have committed the murders. Kelly told me that Owens had said Boon the Monday. Kelly: IJid you, before you made your confession believe that I could not prove an alibi ? Sullivan •. I was positive you could not do so, as you were never out of my sight; Kelly : t wish to ask/a fqw more questions, your Honor, but I dp not know whether you will permit.; them. The .Tudrje : If you put them I will tell you. Eelly : i'id you not deceive the magistrate on Court at Holtitika, when giving evidence in the case of the Ifokitika (.'amp robbery ? The Judge: Do you object to answer that qu a- : tion, Sullivan ? v Sullivan: No, your Honor. I made a statement . which was not. true to the magistrate. I made a false statement undt rcoercion of the other prisoners, respecting the theft of camp fire-arms and policeman's . clothes, and with respect to the tufin Chamberlain finding the arms. The Judge: Have you any other questions to ask ? Kelly ; No more. Burgess stated that he had no questions to put. Mr. Pitt then proceeded to cross-examine the witness, principally pressing him with regard to the voyages he had made un and down the West Coast.: On the subject of Sullivan's motive for making the: confession, the following; examination took place : — Mr. Pitt: At what time on the 28th of June did' you send notice to Mr. Shallcrass that you wanted to see him. Sullivan : I sent word to him on Wednesday, L'7th Julie., at nine o'clock in the morning. Mr. Pitt: Levy had been removed then? Sullivan ; Yes ; he was removed On Tuesday night. I did not mention to Burgess and Kelly that I was afraid of Levy. . Burgess said that I neod not be afraid of him ; that thoy could cook him if it was needed. Mr. Pitt: "Were you not tho express a fear that Jjqvy would confess ? Sullivan: I knew he would not confess. The Judge: How could you know that ?, Sullivan: I felt positive lie would not, your Honor. [Mr. Pitt displayed a printed placard, a copy of the proclamation oiloring a reward.] Mr. Pitt: Now was a placard like this placed opposite the door of your Cell ? Sulliv:!n: No; it was on the entrance door. I could not see it from my cell when the door was open, which it Was nearly all daylight. Sir. Pitt; Couldn't you put your head, out of your cell door and read it ? Sullivan; What! and the door locked.? . Mr. Pitt: Couldn't you put your head through tlio aperture iu. the door ? " Sullivan : No. My head is too big lor that. As long as tho door was open I could not read if. Mr. Pitt: Didn't Burgess read it ? Sullivan : I did not hear at all, I. was then writing a note to send to Mr. Shallcrass. I knew the purport of what he was reading. X knew it was an offer of a reward by the Provincial Q-overnment for the discovery of tho missing bodies. Mr Pitt: Did he not say anything about a free pardon ? iSullivan: That part I did not hear then, but I did afterwards. X first knew the full contents of the placard on the Otli J uno, in the gaol yard. I read the! placard through then, your Honor ; it is to the aamv purport as that produced. Mr. Pitt: Now, didn't you hear Burgess read that through in the lock-up, that about the pardon, too ? ' Sullivan : No. I did not hear it at all, I was engaged then writing, as I told you. Tho Judge : Now, Sullivan, listen to nje. Were you or were you not aware, before that time, that a ireo pardon been ofl'ered by the Government for any accomplice not an nctuU mu.dorer, who would give curtain information '■ Sullivan ; I was awarG there was something about it. I read it about the middle of Wednesday when the door was partly shut, but I could not make out all the small print at that distance, Mr. Pitt: Will you swear you were jjot aware of this before you made your first statement to the police P ; Sullivan : Beforci I made my statement to Mr. Shallcrass. I had heard of a free pardon. The note I was writing in the cell was to ask to see 3lr; Shallcrass in an important matter. I did not make any statement, j' Mr. Pitt: Ypu said yciu saw Kelly and B urges arrested on the Tuesday P .Sullivan i Yes. I had been speaking to them shortly before the arrest of Levy. We had all met to discuss his arrest, because Burgess eaiil ha could not now go back to tho Oyster Saloon. Mr. Pitt: Did you see any policemen about ? Sullivan: Yes. There were great numbers of policemen about, and. persons acting with the constabulary. A constable spoke to mo at the time, fiurgoss was then about fifty or sixty yards away, and Kelly was in at tea. Mr. Pitt: If you were so anxious to give the men up to justice,, as you say, . why did you not do it then? Sullivan..: Because I was in danger of not being able to establish the case. Theso men might have denied being in company with' me, and X believe they would U»ve done so. Mr. Pitt : But why did you wait ao long P Sullivan : To see if the Crown .could get witnesses to connect us all together. Did you know Birrell ? Bullivan; Yos. I saw him watching me and Koilv. Mr. Hart then shortly re-examined Sullivan, after .• which several other witnessed deposed to circumstances which served to connect the Vatrious links in tho chain of the career of the gang during their on the West Coast, aid tho Court adjourned at six. o'clock to noxt day . v Wo regret to say that- we are Unable to givo the proceedings on Saturday, in consequence of the break in the communication by telegraph with Nelson. Messages can only bo seiit by the wires as for as Picton, and have to bo conveyed from there to Blenhoim to be forwarded. This could not be done yesterday (Sunday), anil we are therefore without our telegrams ; nor could we obtain any information from tlio Tararua, ao thiit vessel, only reinained about ah hour and a half in the middle of the night at Nelson.