THE MAUNGATAPU MURDERS.

New Zealand Herald, Volume III, Issue 895, 26 September 1866, Page 5

THE MAUNGATAPU MURDERS.

T-UIAIi OF THE PfiISOJN T ERS. SUJFREMK COURT, NELSON. (Bcforo His Honor Mr. Justice Johnson.) [From the Xelson Evening Mail, Sept. 15.] [Continued from our issue of Satu-day last] From a copy of the Nelson livening Mai', publishot on Saturdiiv, just before tho steamer left, we tuki th« following account of the triul, in continuation o that published in our last issno:— His Honor took his seat at nino o'clock. Burgess applied for his memoirs which ho had on> trusted to the Governor of tho Quo', and wished tc know if ho might present them to any ono. His Honor said ho could not ttt present interfere in tho rnat'er. Mr. Pitt wished to know if Sullivan iuia;ht be recalled, and a»kpd a question through the Court, whether, before he gavu his evidence, he hopi-d tc ba pardoned for the murder of Kcmp'horne, Pontius, Dudley, and Mathieu ? His Honor said it was well-established that Sullivan knew a pardon wns oftonid toauy accomplice who hud not a hand in tho murder. afr. Pitt called tho attention of the Judge to the objections ho had formerly raised,and to tho ruling of the Court in the case, which was in his (Mr. Pitt's) favour. His Honor said he ruled that in point of law the evidence of Sullivan could not bo excluded ; that it was entirely a question of credibility of tho testimony ; and that the adraixeibility of the evidence must be left to the discretion of th« Judge. Ho also cautioned the witness that his evidence would not influence his fate in Knltlu's cane. Sir. Pitt argued tlint the admissibility of Sullivan's evidence mi other grounds was not proper, but was overruled by the Oourt. Stephen (Avens, examined by Jfr. Hart—l keep the Jlitre Hotel; Sullivan camn thoro; I saw the other prisoners on board the Wallaby, in June last, and gavu Levy h card ; I saw them the same afternoon ; Levy and Kelly stopped and locked at the namo on tho door iibout two o'clook ; I next saw them on tho 14th June ; I saw Sullivan that niurtit; ho asked for nocommodtiticn ; next day I saw Kelly m my house : Sullivan was dressed in an old jacket and trouxor.s in boots when ho came ; he asked for a supper; he brought in a hv.g to the bar on Friday, the loth ; lifter hveiikfsi>t ho ha;l new clothes on; i-ullivan gave me two £20 notes and n £10 note to keep for him on tho Sunduy morning ; I returned them to him on tho Tuesday morning. To ]JnreeS3—l took particular notice of Kelly, who looked rather strange, like a burglar; it was Tuesday morning I heard the report of tho missing men; Sullivan was present, and heard us tiillf of it ; I euspocted some Q-ermans who had boon in tho house; Millivan might have heard me say so as wo talked it over; I iirst suspected Sullivan when Levy was arrested; on Tuesday, the liKh, I askeci Sullivan to ride with me to the IWaung.itapu becaust I suspected you, Kelly, and Su.livan; I suspoclec you from seeing you altogether on board the Wall" , 'v ( and from information given me by persona who c ) with you in the ship. To Kelly—When you were arrested I said 1 wanted you ; I did not mention McGep, the namo Sullivan went by; Sullivan suid you were a school mate of his, but did not eay he slept in a garden ; 'Ou were not always with him ; you told mo you were stopping at Carter's ; I saw you at Kichmond the dny you were arrested. To Air. Pitt—When Sullivan came to my honse ho had a swag ; he generally walkod over tho bridge before breakfast; I saw him go on Tuesday morning ; Levy vraa dressed on tho Wallaby very much lise what he is now; I did not notice a scarf, or a watch and chain. To Mr. Hart—The first night Sullivan came, he slept in a room with Tom ths butchnr. Francis Porcelli examined by Mr. Adams, Mr. Oottercll, senior, acting as interpreter—l am from Barlettsi, Kingdom of Naples ; I keep an oyster shop in Nelson; I ktiov Livy and Burgess; they came tt my house on the night of Wednendiy ; I think: the same month I went before iho Magistrate ; tho men wern at my houso five days boforo [ wont boforo the Magistrate; I don't know where the mon went the night they came to my house; Levy and Burgess came together ; they w,,r<; coverod with mud, bo >ts and all; they had a blanket and opossum rug rolled up; there wero two swags ; they slept at my hiuso on a crib or bunk ; I saw them in tho morning, they wont out to buy now things ; in tho morning when f saw them iirst they were dressed ii.-i on tho previous evening ; a quarter of an hiur after fjoiug out, they returned with new clothes tied in paper ; thoy went in*o their room, and I did not see what they aid ; half an hour after they came out with now clothes on; they stayed at my liouas and breakfasted and went out at ninn o'clock ; they lodged at my house five days ; I remember Levy being arrested; thev both remained till th*t time ; when Levy was arrested, they left all their clothos at my house ; tho police came and found tho things, arid took them away ; Burgess remained in tho house tho same night, and went away the noxt morning after breakfast; ht; did not return ; he took nothing away afcer Levy's approhonsion ; when they came, the clothes were both wet and dirty ; the trousers, stockings, and shirt were all wet; the flannel was moist with perspiration. To Burgess—l found you a mattress; on Monday night, when Lavy was, arrested, you wont to bod about midnight'. To, Mr. Pitt—Levy was wet and dirty when he canto tu uiy house ; he had not the same clothes on he has now ; ho had not a coat on, but a shirt; I did not sse rim next morning in the coat h« ivjw wears; I did not sen a scarf or handkerchief, that I remember ; Levy told me when he returned to tlokitika, ho would take eomo oysters with him; he said this on tho first or second night of his earning j I nover saw Levy' before he carao Buvgess. David Leslie, examined by Mr. Hart : T am a clo-rk v on tho second week in Juno, on u Wudnesday, I was going up the Maungutapu, with Mr. Bowen ; I was walking; i met Mr. Hirrol on the top of the mount dn ; Mr. Bowen had rode on ; I met him about 200 yards from the wator-shed; it Was about a qunrtor past two j I went a mile and a, half further to have- a view of tho country, nnd returned to Nelson the same day ; I left Nelson about nino and returnee} about halt-past six ; I did not see the prisoners. I saw no person squatting noar Dwyor's, nor appearance of camping ; I saw no lire, clothes, or opossum rue on Uie road. Timothy Dreed, examined by Mr. Adams—l was assistant to Mr. Morrington in, June lajf; I know Bullivan, Kelly, and Burgas ; on the ',Ith June the two former eamo to tho shop and purchased clothing; I can't say what Kul'y had ■ Sullivan spent £3 17b. (Jd.; they oamo iig.iin ; 1 served Kelly on tho day ho was arrested; I s°old liim a fancy femalo's dresa with trimmings ; ho paid about two guineas at that time ; I saw him buy a headrees and lady's mantle from the young ladies ; I think the dresses amounted to about £3 sb. Levy came to to the shop ou the 1 Uh, arid ordered a coat. To Kelly— I had r.o drink withyou ; -you said you liad a claim at "Kanieri;. I never said I knew you; you. did not say wHere you were stopping; I heard you got a ug lined there, I saw. ono being lined, at the tailor's shop ; I would not know it α^ain, To, Mr. Pitt—The first day tlip.v came at teilo "clock ■ Leyy came early in thu d»y, but I took no notice'. Je,aap. liuniu,' examined by Mr. Hart-—! , B a n assistant at Mr. Morrington's ; I sw al' tlie Prison" en,and aupplied three of them Wth iu V . :inm last; I Supplied Kelly wii.li a cap, 63. "6d., mackintosh, 37s- ou., valise, 155., aud lining an oppoesiim rug, 20j. ; tho rug had a dark mark in the centre ; BurgC3s had Home twoed j Sullivan had a mackintosh, 375. ed. .To Kelly—You came about nine a.m. ; I talked with you in the shop; I did not say I know you marked your name ; you said you we're stopping at Carter's; you mado eome reference to the Went Coast. To Mr. Pitt—l saw Levy once; he had a coat and waistcoat made for him of dark tweed £3 12s. 6d., not the coat he now wears. Thomas Corbott, examined by Mr. Adams—l am a storekeeper in Nelson ; I know Levy and Burgess j who came to my shop on the morning of the I4tb June; Levy came between 8 and i), and bou.'ht s pair of boots afterwards, 2ls. ; I saw Burgess liboul nine o'clock ; I sorved him with a pair of boots, 19s. he had a hat of tho shopman, a French wideawake To Mr. Pitt—Lovy got the boots a little aftor nini I saw him with them on repeatedly during tho day Levy was dressed much as he is now. J. It. Richardson, examinod by Mr. Hart Or the 14th June, Burgoje camo to my shop; I sole him a suit of clothes for £6 16s. Charles Flood, examined by Mr. Adams—l am 1 tailor in Nelson ; on the ldth or loth June last Kelly came to my shop, and ordend a pair o trouaera and black silk velvet vest.which I supplied ;he paid £i ; I supplied Sullivan with troueera an< ■ yeitjthe same as Kelly, for which he paid £4.

To Kelly—You said you were stopping at Carter's and came irbm the West Coast. . John Thornton, examined bv Mr. Hart-lam* shoemaker, m Nel«on ; oh the lath Juno, Kelly ?,m «hich he pfldd 30*5 Sullivan camo with him in th afternoon and. bought a pair of boots, for whi.+, hi paid -(M,; on the fjaHirdly afternoon Kelly hud e .pair of boots, 20... and a pair of cork 501e,,.1 s r ,° Kq \— Qno Of y P" sp«k6 of the West Coast. 1 PotWr . twined by Mr. Ada,us-r koer > the Coach and Horses,, in Nelson ; I know Sullivan f aud Ive.ly; they came to my lionso in June last previous to their arrest; they hnd some drink; I sa-* Ihnin tho same evening ,- they ciime together ; on the Saturday, I aa-v them both ; on the Sunday I saw , all day together; I tack thorn to Waimea West m rr.y frig ; ray daughter was with ua • we , stopped at the Turf, four miles from Nelson, whore we luid drinks, for which one of them paid; we stopped at Moonlight's, at Richmond, where we had drink, fpr which one of tboni pai'l ; Ave dined at the , Uridge Hotel, and had wine and beer, for which one paid; I did not pay for anything; wo crossed the river to I aimer s, vvhrre wo had srttne sherry—two bottles,; from -twelve to fourteen persons were picecnt, who witfi-i treated, by the prisonnfs to ale and Blii>rry; we nitur.nqd that ni.^ht; on Monday morning they catne to my house and had drink; also in thrt evening; on Tuesday I took Kelly to Disljer's sale at llicjinio.nd ; niy wife and child went with us ; 1 left a hoMO for Sullivan ; whilst in. my Company thoy said they had done well on the "West" Coast.' To rjurgess : I hoard tho raport of the missing men on Monday evening ; it wis talked of; I think in Sullivan , r pvosoneo ; I «m not, certain ; I saw you in the Waimea-rond on my return : I passed Sullivan, on my pony and anoth»r man 'on a bay/horse ; on parting, I tokl Sullivan. [ would give" a bottle of chiimpugrio tor hems Mo for a rido ; ho stopped with mn at the Turf; Hie other man dfil not.^ I * '■V^ '* ! s;> To Kelly—i'hero was no talk of the missing' nien / whon wo went to iiichmond.; I 1 know Sullivan 23: ! ye.irs ago at when 1 I was;driving a coich and horces ; -Suilivan never'gave intf",,a:'ponoile:i3« or iingtfots ; I have not-got any-.in my housn that 1 know of; while put on Tn -.sday!- the police. wori}-iiiq.iuj-in-g about tho mitsing inon"-ai'id. pi-iSQti* suspeeleii; tluy wero spoken of Viy the women at tile toM-bivr ; I said the missing men had not beon heard of yet; a man riin out of a honse, and asked me ll thiJy werg faimd ; I said, no ; I- said to Kolly it WIIS hk«ly they Wero. ti.-d ui> a trbo, and starved to death, and that tin- people of Nelson who'could ! not "leave ■ their husii.iOos ought to hire a man each, and go out and march for: them, Serjeant U.dwards, oxarainoi hv llr! Hart—-On' the'JUt-h-June, 1 went ta tho Lord Nelson Hotel, kept, by Mr, Carter, and fetched away an opposunvrng, contu-in-iii* ii valiso and knife; -i" found it'ori a bed said to be occupied hy Kelly; I "cbllocted 'other articli'S, ajid took them to tho lockup ; thoso now produced are the same ; I identify ''the rug and knife ; I fjund the knifo in this rug ' lings wnre lying looso about. '; - ; ; v .'■■•■■ ■"'•' ''-!■ hf */fif '-"■ :*> T'J Kelly—Mr. Carter said you went by the name .1 Thomas Noon; I had no nnm-e ; after your arrest you gitVμ that name; I ui-rested/ you'"on"the 16th June.; I had previously Qollected thes.o things ; I was not in the watfh-l.iouso when you. were searchodjvor when the chargq was booked-' .' Comtable William Fitzgerald; examined r b,v Mr. : Adams—l remember Iho prisoner being arrested ; on' the l'Jth, [ was present whon Kelly, Burgc3S, and Sullivan wero searched; I took ft memorandum of their things; Burgos* gavo the name of R. H. Miller; he had threo £1U notee, one £5 noto, five £1 notes, ono sovereign, one half sovereign, two shillings, in silver, two screws, and one puree •"-Kelly gave the namo of Thomas NoOn; he had one £10 note, one £5 note, three sovereigns, ono crown 'piece, one half-crown, one flqrin, threo shillings, four sixpences, ono miner's right name Noon, one watchgUnrd, two pipes, One one purAa, one pocket-book, two ha-udkorchiofe, one clasp knifo., ono necktie, ono skein thread, two buttons,' three bills, two and a half leaves English Grammar,* and piyco of twn;:d ; tho name on the gramsnar , is Thomas M'(irath, AVak-nmari-nu diggings ;■ Sullii'an ; ?giiVt : Uho name of Thomas Joseph M'Q-co ; he had oh hini one £20 noto, ona £5 noU, f-mr £L notes, ono shilling,four sixpences, four precious stoußs/ona meerac.liau.in pipe, 0118 eliup knife, one match box,' one thimble,' oiu! purse, one iiuukliti; I tie 1 the things up separately, and handed them to Mr. Slwllorass ; next day I made a memotaiiduin vf thoin, wlvicli I nw' produce with tho things. ■ ■ '■ ■■"-■'sJi-.s'jc-^fVvi^j'ig Kelly wiaho.'i. the receipted, bills andimiuer'Hiright to ho read.. Tiie latter bore the name oh Soon;- and it was for tho Canterbury district; tho receipts were fjr £17 155.,p.-jid for j,»w.jilory at Liokitika," iiii! January, , 18ue, and M.-irCA, IHOfi.- ■?'• ; To Kelly—[ saw nothing else from. what I spticilieil; I d">u't r''me!nlKip'abju.t,th-).i i specT. tacles, comforter*, and nujktie ; I don't kn hy'-wh:it roA port-book the scrgiunt; keeps ;'-:you'wero''liotVpreseut when the things- wero. booked. : tt'i'**--'' h ";S i **-"a*v-.,:S'Ki.:i". Constable Bradeosk esaminivl by Mr. Hart—l >vas on tho MaungittApU with M<ibilte, on tha ISth June, bo gave mo two pieces of piper and a*fl'<ur.(,bivg.; tho o.ie had pepper, tho uthor g.unp>w l h:r;' : 'Jthi!: paper produced is tho sume; tho. no.vspapor contained tho words Marlhorowjh ~lWx\ j 1 I noticed the day of the month, and Hh'3'•' words'Jfarloorouy/t Press on. tho paper that had the ■ pepperj't just-i aboTiithe leading article; I gave tl',o pipers to Constable Martin to tiikq to i"tf r. Shallcras.s ; T g papara from the camp, 1/rauklyn's Fiafc; I s,iw iii gun, found 10U yarcVi on tliii side the third .'owek froin'Fninklyn's Fl-iit, on this sicld th* rook ; * it \y:n a ' double-, barrelled gun, loaded and c-.vppad, this burrpl fastened to the stock Uy a pi.ero of hoop iron ; it. was.found on tho lower side of the track, 100 yards oil", in a lot of brushwood; It has boon, thrown from, the track; I saw a shirt found, from six tj ten feet lower down, nearer the rock in tbo hush; the shirt was rolled, up uudor a log ; I sent it tj Nelson along with the gun, by constable Martens ; I saw the horse lying- .w}; er a it was found, 120 yards Ingher up the hill tliim whore the gun was found, on thy lower sitlo of ..the road, between $1 and 100 yards from the track itself, in tho scrub ; th' 3 gun produced is the saino s I uotiued the ■' hoopiron which fastens the stook to the barrel by a key. To B urgoiiS^'L'he horsd Was found.,;Oα;..the the gun and ohirt on. the 22nd. . '. ■'■'■ffS,-'.', :ijTt'»& Oonstablc 11. M'vrtetis, qxaminod by Mr; I was in the settroh party in Juno last; I took:* Boine' trunks and swags from iiraddock to Nelson. " ittr. Pitt sijid Levy hai injormed him Sullivan had handed a .note to M,v. fjhallcrass, and ho : wished.i-'W know its contents. His Honor road it, siying it .was unimpovtivtxt, and at the siimo time irregular, i.v.f,?'" 'lA Witness oontiauud—Uradttjclcguve , me' the'-'gun,: , shirt, and papora now produced, which I handed to Mr. tibiillcrass oh the Sord Jane ; they aro io, ,tho samo condition now as when I rooeived t'nom.^'.' v> Constable Peter Levy, oxiiminod by Mr< Hart—l remember the inquiry into the itiurder of Battle ; Burgess then made a statement bafore the Resident , M'jgistr.ite; from what ho said I went to Toitoi • Valley'ta- look' for a gun and pistol j I found a parcel containing- a gun and revolver, in. n gorse hodjjo ; I' ; took them to ejergeant- Major Shullorass. ' . ■!/', ..' Tho Ooiivt. adjourned fot hulf-aii-hour,' and. resumed at hulf'pUsti ono. ":" Jamas S.triiut, exiimineci hj Mr, Adams—l live at Kanieri llivor, nuar Upkitika ; in January List. I had a gun in tny BOS»/desioi.i there ; that produced is the same j a 3" stolen from, me j it is altered; the veneer is gone, and the ramrod is not the same ; I know the gun by its being cut, a portion of the barrel having been taken oft" .while it was in my possession; the iron at the hreech end is loose; the initials of the maker and the star stamp are the same, as on the gun I lost; I know two iuches have heen cut oIT the barrel, because til? keeper of thu ramrod is cone. . ' To Mr. Pitt—When I had tho two inches cut oil I had anew-.key put to it. Wm. Warner, esamined by Mr. Hart—l livo in Cambria-streeti Nelson; I found a revolver in Los-man-street, iu a furaa hedge, and gave it to Mr. Helps; it was on the 3rd July; Mr. ijhallcruss got it in my presence; Tasmau-stroet is at the oud ot Bridge-street. . Sergeant-major ShallcrasS, examined by Mr. J*art —I was present when Levy wtts searched on the lbth L June ; ho hud one £20 note, two ten pound notes, ; ton ono pound notes, thirteen sovereigns, Qno halt ■ half sovereign, live shillings, and two sixpyuces, one gold watch, chain and Jacket, one fingef ring, one ! watch key, one pocket-book, tobacco pouch, one . clasp knife, one lead, pencil, one matcL,-boi and matchos, one necktie, one p>fca Vobacco, one 1 button, ono collar, oae pQcket-bandkerchiot, 1 four pieces paper; they <iro now produced; Lovj Kttid in answer to quojtions ho came from the Buller. i overland and .alone.; he w.is at iieep bYQfik on Sunday, 10th Juno ; 1 told him he was. charged, on. sasf picion of murder, and that he hail beiw ideutified. b> ; a person at Deep Crook 8,3 having been there or I .the 10th Juno; bo aaid he came down alone ot the 11th June, thufe he was accompanied by t

. tall yoiing man, who. cairied a. doubierharrelled gun, and another youn? man with a: gun ; that he islept on Monday night at some distance this side the Wakamarina river in his opossum; rug ? alone; that ho had no mate..; lie .refused, to tell me where he lodged, in Nelson. I received information, where certain bodies were to be found from Sullivan on the 2Sth June; the ptisoner had tepn examined before ' this and evidence taken by the Magistrates ; I got' the information about halfcpast ten in the inorniug; he sent for me eeveral times the previou day.; I. declined to go; the messages had been eo frivolous previously - h« then sent the scraps of paper I produce, stating that he had some iinportaat information to give me in my office.; I wont to him and took him to the police office; lie said, he intended to mako a confession of all that had happened, between ■him and his fellow prisoners since his acquaintance with them ; j went to the Magistrate in consequence of this, and acted on the full coininunicatiou that: Was made. To Burgess—The proclamation was posted on the 2Hth June; Sullivan had asked to see me. on the previous dt»y ; he sent for me on tho 28th in the tn_orriing; he had said he wanted to. write a letter to his wife ; 1 had then: received his note ■ if the proclamation was read in a .loud voioe lie lieafd it; he eonld see it if the door waft closed ; Sullivan could not get his head through the anertiire of the cell door. To took Sullivan to find property necterl with this case ; we took him to find some strychnine and pistols he said he hid in a gorse hedge in the bti3h ; he did not find, it; I never sent him with constables to find other property. Sovon';een witnesses were put into the box during the day,, and the examination was drawing to a close when tile Mail weut to press. .- : SENTENCE OF DEATH PASSED. 1 We ()i'<riii/<iuiii CJifoiijclf, September, '2'!,) rel eeived the followiiigtelcgrams on Thursday evening) when they were published as an "Extra." N6 fuller account, having yet reached us, we reprint them, here :— j ',::., Nelson, CIO p.m., Sept. 18. [ t'onrt opened tit 9 o'clock this morning. Court crowded.. Many ladies, present. Judge occupied sevou hours iii summing u.]> the evidence. Jury retired at :>.l)out half-past f.ou-r, and after an hourjs diiliberiition .ret.UT.ned a verdict against all three lirisonpre. A dead silence in the Court. Foreinaii.' of .I'lu-y returned a verdict -of "GUILIY" against each jirisoncn Jitilge asked prisoners separately if they liiul jinytliing. to say on point of law why sentence of death should not bo passed. ■ : . ■■' Kelly made many abject appeals to explaiil the facts of tliu case,, ami. vehemently protested inii'oL'encc-, and s;iid the Judge charged the Jury incorrectly when telling them that everything found iis described hy .Sullivan wits corroborated by his evidence, asserting that Sullivan would, know where. Ife was proceeding to discuss the evidence, and the J-udgo tolerated a long altercation, -\vhich was iit hist stopped, But Kelly began again. | t . Kelly—Won't you allow me to speak ? . ■ ;;; The lollgCf. va»_ .' ■ . Iff Kelly—Oli! that's bail. Let me. sneak. .will bu sorry for my oleath. I love no one, Still I ought hot to die wrongly. " The Judge then addressed the prisoners separate- [ lyy and passed sentence of death upon each of them. ; -c After sentence was. passed, Burgess bowed, and said, I acue2>t my sentence with humility. ; ."? Kelly, abjectly overppwereil, said nothing. J Levy said, I am happy to inform you that I in my own mind and heart, and by the God I worship, leave this bar an .innocent man. ... * Judge replied that he had no right; to say so, and that such a statement made no impression oil him, nor should it on thu jury or the public.