TRIAL OF SULLIVAN.

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

TRIAL OF SULLIVAN.

lif^fSvj''VEßDlCT OF GUILTY. .*' : ' s <; [The. following is later, being received, by ■■.us yesterday uvqiiiug.] . ...... ■•« On* Wednesday, .T. T, Sullivan was placed on his trial, charged with tliii murder of James Battle, on the 12th June last. He pleaded not (hiilty : ...„, : | After the jury had heen sworn, Sullivan said lie wished to recall his plea. ~,.,-..'.,■ : V ilia -Honor said he was loth to allow him to do so.. The withdrawal of tliu plea could not iullueiiee his fate, , ami ought not to iiiUuonoe those who were dispensers of justice.. f .Sullivan : L did. not commit the murder, iior know that murder was committed. This is my object in iiHiuiuliiig lhy plea. * JTia Honor : He has pleaded not guilty, let the ■'- trial yo oh. ; ;i Jfis Honor asked >Sullivaii if he would like to he defended by counsel, and asked if Mr. Pitt wasliere. ■ K .Sullivan : 1 would rather defend myself thau bu defended by 'Wtt. :4, Mr. Hai-t wlio conducted the case for tUo Crown, ,' stated the facts which he was prepared to prove in evidence. He said the statement of the prisoner

would be put in evidence against him. He called ■■■» Uoorge James BaKor, who said : 1 am, a, tailor, in Nelson, ■ I wont to search for a body nbout. the 2nd •luly. ~ t wont tft Vrankiyn's Flat, and the ne.%t morning wo searched nhuut a mile further away Crc/m the river towards the Hiranga. Wo. were told otl', -0 of vis, u> gi> into the bush, we ■were about five yai'do apart oil the lower aide of the road from Nelson.,. I came to a fom. root about 100 yards from the track. On examining the place, and moving, a log three feet long, and the earth towards the root, [ came to the body of a man. The hip part below the fibs was naked. Constable Martiu then came and stripped the earth from the body. We turned the .body over. It was lying iu fapo. He had his clothes on, but a portion of the clothes the trowsera. w'cro torn. I forget if he had a shirt on. After tlio ; t I saw tsoiiie marks. The body was discoloured. The uhc.ib and neck were of a different colour to the rest. They looked like. bW{. The body was sown up in calico, and J: helped to carry it to Xolson on poles. I saw Dr.. Cusack and Dr. Ootteroll examine the body at the onginohouse. i saw the body identitied, ■,V;.'J\> Sullivan : We wore told where to search as to the locality. ■■ ;ty The medical evidence was next given but is n;ot material.i» ■ . ■■ :■ jGeorge .Tervis : I live at Canvastown. I knew James Battle.. ■ I last saw him on Tuesday morning, the I:2th June, going towards Xel.so.ii, about 3 o'clock. He was going from Wilson's, half a. mile from my place. 1. identified his body in the Maitai Valley and at the engine house. I knew .Sullivan, and. saw him cross the river that day with the othej' prisoners a little before Battle passed, a (marter of an hour or •20 minutes. I saw the place whore the body was found, but did not see it found. Baker was recalled and said the place was 15 miles from Jervis's place, and a mile from Frahklyn's Flat. "■ Jorvia continued : I saw .the'j prisoner on the 9th June at Canvastown in an empty house I gave them permission to ogeftpy. The three \vere there frdia Sunday till Tuesday, and spent about 15s or IGa thero. Levy was: absent on Snndiiy, aud returned on the Monday. I heard Burgess say when he left, he was going to leave the by country, there was nothing to be done 'there. They all came together and lived in my house together. .Sullivan told me oil the Monday he had been unfortunate at the liuller, was short of money, 6l I should have taken a few pounds, from them.' On coming to my place they said they c;une .from l J elorus-bridge. I saw them leaving a little before S on Tuesday morning, . 'IV. Sullivan : On the 17th or l.Sth Juiie, I spoke to Mr. Owqns of this niissin" niaA,. He Said he had no strangers in his house. Had I seen you. I should have caused you to ho ai-restei.l. lii the lockup you did not say your wife gave you something to ppison all the Jorvises in the country. You made use of foul language. I told Sullivan I was sorry I had not poisoned him, when 1 gave him something to cure him of dysentery. Sullivau said nothing about poison to me that I remember. The police were at the coll door, and. would havo heard you speak of your wife giving you poison if you. had done. so. Daniel Cooper :. I keep an accommodation house at Pelorus-bridgo. On, the 12tit June I saw the. prisoner a quarter of a mile. on. the Wakamarina side of the bridge. He was. alone, tlio three others Were behind him. Thoy were Burgess, Kelly, and Levy., ai.id a <iura-tcr oi a mile behind him. It was between ].(■) aud li in the forenoon. It is six miles from UauVastown to I was going from, my place to the AVakamarma al6ng the track.. They were coining towards Nelsqn. I bade the inan good morning. I had seen them camjiing on the bridge the previous i'riday. Half a mife further on, I met old Battle. I knew he had been in Wilson's employ. He >vas comiilg- -towards Nelson, carrying a swag and a long lianai.ed shovel. It was a quarter of sin hour after I saw the.Qth.ers. I have not.seen hiih .singe. He was the last that passed towards kelson, that day tiallowii-y came to my place from Nelson, and stoppgd all nights The .prisoner carried s-iyags aud, iiothiiig else..

. Baker recalled: The body was found between Sraiikiyii's Hat at the Heringa riyer. ■ ■ Thoiuas Galloway : I reside at Picton. I left JfelsQh for that place on the 12th June. At lyn's. Elai 1 met HarfmanandLeo, afterwards three -diggers. Two or three miles on the oither. side of. tlip Heringa Bridge. I met an old 'mad.Svith;a longhandled shovel. It was James Battle, whom I. had seen previously. It was about 3.p.m. He was. walking towards JJelsou. Further on about two miles I met four men like diggers, coming towards Nelson, of whom Levy was one. Ido not recpjniise Sullivan. I cannot swear to him, but I think, lie ■was one by his side face. I spoke, but they.turned, away their heads and did not seem to wish for conversation at all. I met no one else that day. I stopped atCooper's that;night. The interval between the diggers and the old man was about two miles, To Sullivan : I think you returned all answer. I know you by the side face. Sefgent-Major Shallerass : I know the. prisoner. Qn the 2Sth June he made, a communication to nie,.whieh I tpok down in writing, signed by , him. I took it from his dictation; and now produce ifc.' ■ He looked at it before it was sighed. I produce the paper containing his statement, To Sullivan :!Itooktheheadsof your statement only, The paper was admitted, Sullivan making no ' objection to it. S.jM. Shallerass : Sullivan said he was in company with these men next day. He told me the locality when the body was likely to be found. He gave no account of its condition* whether it was wburied or not. He described a mark on the. embankv Snent made with the heel of his boot, and a! large fallen tree. 1 was hot near the spot when the body was found. He said hq thought he had not been shot, or he would have heard the report of firearms. I have two shovels, which I received from Constable Marten. To Sullivan : I know where the body was found. To his Hoiior : Sullivan made a statement before ' the magistrate. To Sullivan : You said more than has been read; What has been read is only a brief statement. I recollect the most important facts. iPhis was the case for the Crown. Sullivan said that he had supbecnaed witnesses ■■' but should not call them. He then addressed tho jury. He read an account of his connection witli the other prisoners, -who he saiil had exercised terror . [over him and. threatened to kill him. He had boasted of crimes in order to gain their confidence. He gave his career as a prize-.iigh.ter, and ■trainer of fighting men. He never went to school with Kelly., or saw him in London,, although Kelly knew his brother. He intended to leave Hokitika, and : wrote and told his wife so. He told his wife he had met witli an old schoolmate who supplied hiniwitb.iuoney which was not the case. He had never been to: school since the death of the Duke of York.. Hqre Sullivan became so affected that he. was permitted to leave the Court and obtain stimulants to enable him to proceed. Sullivan having, rallied went on with his narrative.,. He remarked on the motives of Burgess but was stopped by the Court, He related all the facts that took place on the 12th Juno, the day of Battle's death. He admitted that he expected a pardon, but denied that he read the proclamation, of was able to put his head through, the aperture.. He koged; for-, a pardon independent of this. It was dangerous to inform till* material witnesses had come, forward!. He would have petitioned the Government f6r a~ pardon had not one been offered. He praised this witnesses Jef vis, Cooper, and Harvey, and said he would not explain the matter ofgiving false testimony lest it should defeat the ends of justice. He alluded to the bottle of strychnine, and said the reason ho was kept in sight was as important to him as his. confederates. He denied that liis antecedents iii Tasmania were such as he need be ashamed of. The way the blood crime oil the bag was that pigeons were put into it at Deep Greek. He never saw Slood ■upon the skirt. It was not likely that lie would have told the police that he had concealed a bloody shirt. I Sullivan wished copies of his letter to his wife, and his wife's letters to be read. His Honor said this could not serve him iii the least. If they could not assist liis defence it ivould be useless to read them. His Honor having looked through the letters said they must net be read. Sullivan/. His hands were scratched by takingtlue lior.se down the hill. The missing men were not spoke of till the arrival of Jervis on. the Sunday night. He complained that the confession of Burgess tfemied to damage other parties. In refer-em-.o to giving false evidence, at Hokitika, he had • infonngd the Superintendent of the fact, and made -no secret of it, He had not been in gaol for 18 years till ho came to Nelson, and was never charged with a felony till he met with the. other prisoners. He wished the Judge to allow a detailed statement to • be read that was in thehands of the Crown Prosecutor. ; His Henor- said he would allow it, but would, caution tho jury not to believe it, except as it was. established by evidence. Sullivan narrated what had taken place, oil the 12th June. He described the ambush that was prepared, and his overtaking James Battle, and the mode iu which he was taken off the road bv Levy and Burgess, whilst he and Kelly kept, a look out. The conversation with the old man was fully tailed, and the prisoner's, attempt to promote his I escape, as he had little of no money. Burgess I maiuteij the old man's gold, presenting a loaded; [• pistol at his head. The old man resisted, refused j his monay, and was. taken into the bush by Burgess ■ and Levy. Prisoner denied that he was present at I the murder. He saw tlie two prisoners emerge from the spot where it wa.H committed, and cut the bank with his boot. He- did not converse with the other • prisoners abrsut the .murder. The prisoner described his subsequent proceedings at Franklyn's Flat, at the camping place. There Burgess spoke about the. murder, and Levy produced the money taken from the Old man, £3 14s. Levy and Burgess threatened him because he had tried to save the old man, and. described the manner in which the old man wast destroyed, by strangulation, with the two thumbs. The statement Was. a repetition, of murders that had been committed in other places. The jyrispner disclaimed all knowledge of the actual, murder, he. was an associate for an unlawful purpose, but he did not know the man was going to be murdered, and he.' did all' he could to prevent his being robbed , .. This was the end of Sullivan's statement, and the • Court adjonrnod for half;-an-houf. On the Court resuming his Honor; addressed the' jury. He said the jury would estimate Sullivan's:, statements at their proper value, and acquit him if they entertained a reasonable doubt of his responsibility in the transaction. Sullivan said he dared not leave the men at. the Grey, and was under- tho of terror whilst in their company. His Honor said the jury , would test: the value, of that statement. His Honor then analysed the evidence that hadL been giveiij and in reference to Sullivan's written statement, said what a man said- in favour of "himself was not listened to in law, but what >: ae sa j,j, against himself was used against him. Remarkingon the assertion of Sullivan that lie could n&b escape from the party, he invited the jury to .determine vfhetber lie had not numerous;opportunities to do so. If he was really ignorant that murder was contemplated, wheii lie acted as a scout on. the road, the jury would tako it into consideration ;.but could, he be possibly unaware b'f the actual fact,, which was subsequently reheated in liis hearing, at tlie camp fire by a gang professed mui-derersL The proclamation of the shirt, and ,tM history of his life, hadi nothing to do -With the Case., Was the crime in spite of and could he-, not possibly get away. The fact of his of other was no excuse.for liis getting away. If. tbie jttry thought the prisoner was riot :a voluntary accomplice in the guilty acts they would, give him the benefit of such conclusion; if they thought hini responsible.for the acts of the Iconfederates they would not. shrink froni discharging; the duty which devolved upon them. At 10 minutes t0.3 the. jury retired, : to Court at a quariei* past 3; with a verdict of Guilty.. :. Sullivan said nothing. • His Honor addressed the prisoner m solemn i language, saying he did not intend to review -'titer ■ ciniumstances of the crime he was guilty, of. : H& l endorsevl the verdict of the jiiry. Admitting that l he had aided'in the detection of other .qrimes : he-: i had no claim 6n society in reference to : tljia. ,Th& ; case of the prisoner illustrated the danger of evfl., I communications,, and the necessity of resisting.first ; temptation. It w r as the,duty Judge'to "pass ; the extreme sentence of thfelaw ■Nvitbout'.suggestiiig . any consideration of the probability .of escape.' He. r. trusted the prisoner wouldiqir.- tb.e : sake , . oi iliiniself i ■..anil;.o.ta , 6ral..us , .e , ;th'o-iiioine.nts. thit reniainekl :t6'hiiii;. t". of life iii .preparation ipr,tb.e.,.df<KuLfu)' : ;' , i/ awaited him.. • . ■~'■'. ■■..v:./-.-/..'. ,, ;. ,'■ His Honor then passfecV. v entenc6 of- death on the ■ j prisoner ia the usual fcum, .. ; ... : . .:..-' Sulli,vaft waa..muohi^9yed.9ahwrinshiasentea<^