SUPREME COURT. Criminal Sittings. Before Mr. Justice Chapman. Monday, June 3, 1850.
William Good alias William Hill, Peter M'Ausland, and John Jones were indicted for the wilful murder of Jobu Ellis late sbipkeeper on board the General Palmer, on the 16th day of March. The indictment, which was of considerable length, was laid in five counts, each count charging the prisoner Good as being the principal, and M'Ausland and Jones as aiding and abetting Good in the commission of the crime. * Owing to the intense interest excited by the trial the -Court was extremely crowded in every part. i The Attorney- General assisted by Mr. Hart conducted t% prosecution, Mr. King defended the jwisonet Good.
On the names of the Jury being called over J. Flyger was challenged by the prisoner Good and J. Filchet was sworn in bis stead. The following jury were then sworn — J. Fraser, foreman, J. Ford, D. Frazer, R. Fill, J. Foley, D. Ferguson, J. Fisher, J. Fulsber, T. Floyd, J. Fisher, and J. Fitchet. On the applicatiou of Mr. King all the witnesses were ordered to leave the Court. The Attorney -General in opening the case said that in discharging his duty as public prosecutor he mast confess bis feelings, in common with those of the public, were most painfully excited on the present occasion, but, though those feelings impelled him to wish that justice should be done on the perpetrators of this horrid crime, he was anxious that the prisouers should have every advantage that our lenient criminal law affords, that one of them would have by means of his counsel, and that all of them would enjoy under the direction of the Judge now presiding. He I said the indictment charged Good as principalin the first degree, and M'Ausland and Jones as principals in the second degree by aiding and abetting Good. It mattered not who really fired the pistol, or who used the knife and the hammer, provided the other prisoners were either present or knew what was going to be done. The jury might find one or two or all the prisoners guilty of the murder. He then stated to the jury an outline of the principal facts of the case which he said he would clearly prove to them by the testimony of the witnesses he should call. The following witnesses were then examined: Nicholas Oxenham, private in the Armed Police. — On the 29th March I went in pnrsuit of the three prisoners ; on the 7th April I apprehended Jones at Tuingara on the East Coast about 70 or 80 miles beyond Castle Point; on the morning of the Bth I apprehended Good at Mr. Tiffen's inland station about 12 miles further ; M'Ausland was apprehended by two natives and brought to me on the 12th at Mr.' Tiffen's beach station ; the prisoners remained in my custody; I searched Jones on the evening of the 7tb ; I did not search Good until I reached Castle Point on my way to Wellington ; On 16th I searched the prisoners again at Castle Point ; I found a watch, there were other articles, among them a towel marked with blood ; 1 received a pair of boots (now produced) from Mrs. Guthrie at Castle Point ; the shirt produced I received irom Mr. Tiffen ; at Wellington gaol I ; took the towel, cap, waistcoat, and black silk handkerchief now produced; I took them on the 23rd April. Cross-examined — The towel was taken by me from Good on the 23rd April ; I arrested Good on the Bth ; between that time and the 23rd I saw the towel in Good's bundle, there was a deserter with us and I used bis towel ; I will not say I did not use the towel produced ; the watch, waistcoat, and cap were taken from Good. Richard Barry, gaoler at Wellington — I received the prisoners in custody on the 23rd April, I searched them and found on the prisoner Jones a knife and six-pence, on the prisoner Good in the waistband of liis trousers I found some silver sewn in, in a handkerchief tied up there was a sbirt, a purse, a comb, a needle case and a pair of socks. George Scott, Armed Police — Produced two red scarfs, one I received from a native at Parangarahau beyond Castle Point ; the other I received from Mr. Tiffin, the white shirt and coat produced I also received from Mr. Tiffin, they have remained in my possession eyer sii.ce. Frederick John Tiffin — I live on the East Coast 70 miles beyond Castle Point, and about 180 miles from Wellington ; The coast station is called Porera, the inland station Omakeri, the bay is called Tuingara : I have seen the prisoner Good at my station, onThursday 4th April, I asked him his name which he said was Frederick William Anderson; I hired him to go inland to get some sheep ; I gave Good some tobacco and a pair of boots for the coat and shirt produced ; 1 washed the coat after I received it ; I received from M'Ausland a sbirt and scarf ; I swear to the tcarf but cannot identify the shirt having put no mark on it. Cross-examined by M'Ausland- 1 saw Good give you a sovereign. Henry Martin, boatman — I had four scarfs which I bought in a baje of clothes from J. M. Taylors store, of the four I purchased I sold two to John Ellis ; I had 40 or 50 pincushions, one of which I gave to Ellis ; two or three dayi before Ellis was missed, he called and paid me for the scarfs. Ann Guthrie, wife of Thomas Guthrie — I live at Castle Point about 130 miles from Wellington ; I have seen all the Prisoners ; Jones was twice at my house ; he exchanged a pair of boots with me, (witness identified the boots) I received the boots from Jones ; he said they were not strong enough and I gave him another pair ; he said the boots were made by Collins and he gare fifteen shillings for them.
Robert Smith, sergeant of the police. — Produced a hammer which he received from Dr. Monteith on board the General Palmer previous to the Coroner* Inquest on Ellis, and a leather purse containing a sovereign, some silver and copper found in Ellis's pocket; there was a shirt, a pair of trousers, and a pair of socks on the body. Arthur JEdvardM'Donogh, Sub- Inspector of police. — I was on board the General Palmer on thej27tb March last; the plan produced is a correct plan of the vessel ; the steward* pantry is the first cabin on the larboard side ; there were three casks in the pantry ; in the farthest cask there was a dead body with the legs uppermost ; when the Coroner and Jury arrived on board they wished the body to bt removed on deck, and I ordered the cask to be sawn open ; the body appeared to bt that of a young man, and was dreadfully mutilated about the head ; I saw a bullet mark on the bulwark on the larboard side opposite the capstan ; I found some small bullets on board which corresponded exactly with the mark; the mark was sft. s|in. from the deck ; the prisoner Good on a former occasion stated to me he had been a soldier and a convict. Cross-examined — The shot appeared to me a direct shot from the capstan ; the door of the pantry was unhinged and lying on the casks. John Power Collins, shoemaker — I was in the habit of seeing Ellis ; generally when he came on shore he called at my house ; I last saw him on 16th March ; I saw him twice on that day ; on the first occasion he called for his boots, which he got ; the boots produced were made by me ; the second time he called he paid me for the boots ; he had a purse similar to that produced ; the end of the purse was tied with a piece of rope yarn ; the middle prisoner (M'Ausland) was with him, I had seen him before and knew him ; I had previously seen Jones with Ellis. Cross-examined — I never saw G^od with Ellis ; Ellis paid roe three five shilling pieces, and I returned him one not having change ; he appeared to have two or three pounds in dollars in the purse ; he laid the purse on the counter ; 1 cannot speak positively to its colour ; it was either blue and green or brown and green ; it was tied with rope yarn and had one ring on ; I think I could swear there were two sieel rings on the purse ; 1 am satisfied the prisoner M'Ausland was with Ellis at^the' time. Re-examined-— I never made boots for Jones. Basil Broi'n, labourer — I kept a lodging house on 16th March ; I have seen the prisoners before ; I saw Ellis in company with M'Ausland and Good on 16th March near Mr. Loxley's store ; I have never seen Ellis since ; after that I saw Jones and M'Ausland together ; I saw them on the Monday and Tuesday following the Saturday ; M'Ausland came to my house on the Sunday ; he asked me for some dinner ; after dinner M'Ausland, who was sitting on a chest, said I owe you some money, and when I pay you I will pay you in a lump ; be then said "Brown, you are frightened I won't pay you ;" I said no, but I wish you would pay me ; he then said I should hear of something before long ; be said " they tell me I ought not to tell you anything, but lam not afraid of you Brown ;" this was on Sunday between one and two ; I saw 'nothing more of him until Monday ; I then saw M'Ausland and Jones; Good was not with them ; they were at Mr. Pimble's ; I saw the three prisoners go off in the General Palmer's boat on Monday ; I saw them get up the side of the General Palmer ; the money M'Ausland shewed me was a sovereign, three or four crown pieces, and other silver. Cross-examined by M'Ausland — You lived with me previous to the 16th March ; 1 saw Thompson on board the vessel from the Custom house jetty on Monday. By the Court — It was between 7 and 8 o'clock on Saturday night I saw Ellis withr ~ the prisoners. ' By Jones — It was before I saw you at Pimble's that you went off to the General Palmer. By the Court — It was between 10 and 11 I saw the prisoners at Pimble's. John Johnson, tinman — I know Good and Jones ; I saw Good alone with Ellis on 16th _ March ; it was between 4 and 6 o'clock ; I saw Good and Ellis go off in a boat in the direction of the General Palmer ; it was the last time I saw Ellis alive. - By the Court — It was about 6 o'clock on the 16th March I saw Ellis and Good go off to, the: General Palmer ; it was nearly dusk ; there was a third person in the boat ; I could not see him so as to identify him. Edward John Reid — On the 16th March I was barman at Mr. Firth's Public House ; I knew John Ellis, I saw him last on the 16th March, at Mr. Firth's; Good and M'Ausland were with him; Ellis was ship keeper on board the General Palmer ; it was between 6 and 7 o'clock,; X did not see (hem all get into the boat ; Basil Brown was standng near when I called Ellis ; I saw M'Aus-
Und tad Jones at the Aurora Tavern on the Monday; it was between 11 and 12 o'clock; I did not see them together on that day ; I did not 'see Good at all; M'Ausland treated several persons ; M'Ausland asked me to show him out the back way ; M'Ausland and Jones were at the Aurora Tavern on the Tuesday ; I saw M'Ausland spending money ; Ido not remember to have seen Good after the Saturday evening. Cross-examined — M'Ausland said Jones wss coming and he did not wish to see him, as he did not wiih to get into further trouble. ' Samuel Collins, son of J. P. Collins, a boy II years'bld — I live in Willis-street ; I have seen all the prisoners ; I knew Ellis ; the last time I saw him was when be fetched the boots from my father ; I know it was on a Saturday ; I only saw him once ; I saw him on Mr. Fitzherbert's jetty ; it was very neat dark ; those three men were with him ; I saw them all three in the Loat ; Ellis gave me a four-penny-piece, and went off in the boat ; tbe boat went straight off to. the Yes-, sel ; I knew Good was living on board with John Ellis. Cross-examined — They were in a boat alongside Mr. Fitzherbert's wharf; I have not seen Ellis since that day ; Ellis told me Good was living on board ; he told me so two or three days before the last time I saw him ; I remember it by Ellis giving me a four-pen-ny-bit; it was a good bit after I bad seen them that I told my father ; I remember my father going to the Police Office ; I had told him then of the circumstance ; I have bad no talk with my father on the subject. Cross-examined by Jones — It was very near dark when I saw you in the boat at Mr. Fitzherbert's wharf. Re-examined — Ellis told me on the Saturday afternoon that he had the boots. Mary Ann Jackson — I live in WiUis-street; I lived there on the 16th March ; the prisoner Good came to my bouse on the evening of that day ; a sailor boy was with him ; I have since learned his name was John Ellis ; he asked us to go on board the General Palmer on the Sunday morning ; we went on board at 2 o'clock ; Mr. and Mrs. Egan. my daughter and sister, Mrs. Dockeray's son-in-law, M*s, Dockeray's three children, and myself ; we did not find Ellis on board j we asked Good where he was ; Good said he was onshore; 1 have never seen him since; when Ellis came to our house Good was generally with him ; we remained on board an hour and a half ; two young men came on board while we were there. Cross- examined — There were nine of us onboard ; I was only once hefore on board the General Palmer ; it was on the Wednesday previous to the Sunday ; I went on board at John Ellis's request ; Ellis in the presence of Good had as>ked me to come on board; Good made no remark at the time ; Good was at my house on Sunday morning a good bit before we went on board ; Good took us on board ; Good and Mrs. Dockeray's son-in-law pulled the boat ; there was plenty to eat and drink on board ; Ellis came on the Saturday night to ask me to dinner ; the two young men remained on board about twenty minutes; I saw nothing extraordinary in the appearance of the vessel ; I and Sarah Hunt went up the beach and left the rest of the party on board ; I le.'t the boat at 5 o'clock, and between 7 and 8 o'clock I found Good at my house ; there are two apartments in the house ;■ I have one and Egan another ; Good might have remained Without my knowing it ; I was sober on that evening ; Good said if the children were not quiet the man-of-war's boat would board the vessel, I then said we had better go on shore ; I saw Gcrod between 9 and 10 on Monday morning at Mr. Egans bouse ; I saw him next at Mm. Dockeray's ; it was two or three hours after; her daughter was married that morning; it was not very long alter the marriage that Good came in ; he stopped till tbe mOrnjng ; I remained till between two and three in the morning; I do not know whether Good left before or after me ; I saw Good next on Tuesday ; it was some time in the forenoon ;' I saw >faim at Egans place; I went from Egans to Mrs. Dockeray's, and do not know how lodg he remained at Egans ; I saw him again at Egans place in the evening ; I saw Good last on Tuesday evening about sun-set ; I did not see him afterwards until I saw him in custody ; I saw nothing unusual about him on the days I have mentioned. Margaret Docker ay, wasberwoman-I knew John Ellis; I washed for him ; the last time I saw him he- came for bis clothes ; it was a fortnight before I was examined at the police office ; I saw William Good on the 17th March ; Mr. Egan was with him ; I asked Good lo tell Ellis to come to my daughter's marriage ; he said he could not, as he was with a Maori girl ; I saw Good the next day ; I asked why he did not bring John Ellis with him ; he said he could not, as he was gone up the country with Maori girls ; witness identified the. waistcoat, tbe comb, the knife, and the puree, as having belonged to Ellis.
Cross-exatniueil — It was about six weeks previous to his death the comb was used by my daughter on board the General Palmer ; the purse was brown, with a blue stripe in it; I will swear positively to the waistcoat, but not to the other things ; I saw Good on Monday about three o'clock in the afternoon ; we had not dined when Good came in ; I saw Good some time in the forenoon on Sunday ; I do Hot recollect the waistcoat being shewn to me at the police office ; if it had been shewn to me I would luve identified it. Re-examined — The purse and comb were Tery similar to those in Court. Christopher Egan, labourer — I live in Willis-street ; I have seen Ellis several times ; I saw him last in company with Good before the 17th March ; I was on board the General Palmer on the 17th ; there were ten of us on board, including Good. Good and I managed the boat ; I asked Good where John Ellis was ; he said he was on shore ; I asked if I should find him in the pas ; he said no ; I do not know if Good stopped at my house on Sunday night; I saw Good on Monday morning ; I heard Carleton inquire for Ellis; Good said he had gone ashore, Solomon Hook, seaman — I was- on board the General Palmer about nine weeks before the last time I saw Ellis ; I stayed on board four weeks; Ellis washed the decks on Monday, Wednesday, and Saturday ; be was a saving man ; I saw him last on the 16th March about eight or half-past eight in the evening, at Firth's public house ; I spoke a few words to him, and gave him a sovereign, and told him I would come on boar! next morning and see him ; I went on board the next morning about eight o'clock. The prisoner Good was on board ; I asked him if Ellis was on board ;» he said he was on short* ; I said it was very strange he should go on shore and his own boat alongside ; Good said he went on shore in a strange boat ; I saw the General Palmer's boat along side ; the decks had been fresh washed down ; Good was washing some meat at the gangway ; Good asked me to take some brandy with him ; 1 refused ; I noticed the cabin floor was fresh washed out, and was not dry ; there were four plates on the table ; I said you have been washing the decks down on Sunday morning ; Good said Ellis and he had washed them down before he had gone ashore ; I said Ellis did not do *so when I was with him ; Good said he had done ix after Ellis went on shore ; he said Ellis had gone to fetch some women on board to dinner ; I told Good to tell Ellis when he came on board I should perhaps call in the afternoon ; I went again about three o'clock in the afternoon; Good was on board, and some women and children ; I asked him where Ellis was ; he said he did not know, he had not come on board ; I went into tht cabin ; one of the men began to sing, and Good nailed up the door of the Captain's cabin on the starboard side, and said, the man-of-war's boat would hear them and board the vessel ; the stev/ard's pantry is the foremost cabin on'the larboard side ; when I was on board there were two casks and two doors in it ; I now noticed some hammock battens and ropes piled up in the pantry ; I said to Good, you have been making a boatswain's locker of this ; he said they were some things he and Ellis had put there ; I told Good on leaving to tell Ellis if I did not see him hefore I went away I would see him when I came back ; he said he would tell him ; I came from sea on the Thursday week previous ; Good was living on board the General Palmer ; I asked Ellis who was living with him, and he said it was a man who had come from shore ; Ellis showed me his indentures when I was living with him about nine weeks before, there was a roll of notes inside of them. . Cross-examined — I belong to the Monarch, I joined her last Thursday ' morning ; I belonged to the Twins on the Sunday I called on board the General Palmer; I went to sea on the following Tuesday ; I was about three weeks away, and remained about eleven days ; I heard of Ellis's disappearance ; I did not then give any information about it ; the first communication I made was about last Thursday week to Mr. M'Donogh; when I went on board on the Sunday I did not notice anything extraordinary in Good's manner ; it was in the afternoon I made the observation about making a boatswain's locker of the steward's pamry ; the pantry was open and piled up with lumber ; Good nailed up the door of the Captain's cabin because he said the man-of-war's boat might be passing, and would hear the man singing; I left the General Palmer in January ; Ellis had charge of the General Palmer after the Captain went away ; I vras at Nelson at Christmas ; it was after that I joined Ellis ; 1 left the General Palmer because 1 shipped for sea ; when living with. Ellis I never stopped a night- ashore ; Ejljs used to go asboratp, the washerwoman's, for his clothes ; when} I was with Ellis he had no
companions who used to visit him ; the sovereign I gave him was for allowing me to remain on board; it was about 8 o'clock in the evening when I last saw Ellis. Re. examined — I had no means of coming on shore when I was last in Wellington. By M'Ausland — When I was at Firth's public house with Ellis there was no other , person with him ; it was about eight o'clock ; I saw Ellis come on shote about 5 o'clock on Saturday with Good ; no other person was with him. Stephen Ralph Matthew, cook and steward at Mrs. Brighams coffee-house — I went on board the General Palmer with Hook and saw Good on board ; I heard Hook enquire for Ellis, Good said he bad gone ashore ; Hook said how, is it that his boat is alongside, Good said a strange boat was passing and Ellis hailed her ; Hook noticed to Good that the decks had been washed down, and Good said they were going to have company and he and Ellis had washed them down ; we went ino the <Sabln and saw breakfast laid for three or four persons ; Good asked us to have something to drink, Hook decliued ; I took a little to drink ; while I was drinking Hook was looking into the steward's pantry and asked how it was he had turned the steward's pantry into a boatswain's locker; Good made reply that Ellis had brought the things off the deck and put them in there for safety ; I told Hook to ask Good when be expected Ellis on board, he said he expected him on board shortly as he wished to go on shore himself; we then left the ship and proceeded on board our own vessel ; about two or three o'clock in the afternoon we went on board the General Palmer ; the prisoner Good and two other strange men were on board besides women ; Hook enquired for Ellis, and Good said he was not on board, on which Mrs. Jackson said if she had known that she would not have come on board ; they were making a great noise, and Good said for God's sake do not make such a noise or the man-of-war's boat will come on board to see what's the matter ; Good then proceeded to nail up the door of ona of the starboard cabins. Jonas Woodward — I am clerk to Messrs. Bethune and Hunter, agents to the General Palmer; I knew John Ellis, he always appeared to be perfectly steady ; be came every week, generally on the Monday, to draw his weekly allowance, which was seven shillings per week for rations, and £2 10s. per month; he only once drew his monthly pay ; I know his hand writing, the books now produced are in his hand writing, they appear to be the account of his receipts and expenditure, the last entry was on the 14th March ; his ration money appears to have covered his weekly expenses ; from what I knew of him he appeared to be very careful in money matters ; the £2 10s. appears to have been drawn to pay for some clothes. j Ann Whcbby, daughter of Thomas Whebby — T am fourteen years of age and live in Oriental Bay ; 1 saw (he three prisoners land from a boat on the 19th or 20th of June at 8 o'clock in the morning, they landed at Oriental Bay ; there was a strange man with them who took the boat back ; they came in the direction of the General Palmer and the boat went back in the same direction. Crosb-examined — I was at home standing at the window, I went down and saw them leave the boat and go in the direction of the town. John Thompson, seaman — I know the three prisoners at the bar ; I knew John Ellis ; I last saw him Tuesday, 12th March ; I first went on board the General Palmer on the evening of the LBth ; no one but Jones accompanied me on board ; Good was on shore; I slept on board with Jones ; I slept in the cabin next but one to the steward's pantry ; Jones slept in the intermediate cabin ; I was inyited to go on board by Good ; I came on shore about half past 8 on Tuesday morning and remained on shore a short time and met Good ; there was no one else with him ; the flag was hoisted at 10 and hauled down at 11; Jones hauled the flag down and we shortly after went on shore ; between 7 and Bin the evening of Tuesday I was with Jones and M'Ausland near Luxford's place in Willisstreet, when we met Good ; Jones and I went into the boat ; M'Ausland would not go, as he said the agents might come and find us on board and we would get into trouble ; I said we could not do that as Good was on board and Ellis was on the spree ; it came on to blow so hard we could not gei on board ; Jones and I tried to get the boat back to Mr. Rhodes' wharf; the wind and swell diove the boat on shore between the mill and the maori pa ; we stopped by the boat till the next morning : on the Wednesday morning between 5 and 6 o'clock there were two oars taken out of the boat ; about 7 Good came down, and shortly afterwards M'Ausland came and they launched the boat ; we went on board and 1 made a fire and puf, on the kettle ; while I was doing this Jones was in one cabin and Good in another ; -they passed to and fro seer al times; I did not hear their conversation;
M'Ausland during this time was sitting at the table eating ; Good afterwards called Jones and M'Ausland separately to the quarter deck and bad a private conversation with each of them ; Good then called me and said the Sisters had arrived with his descriptions and it would not do for him to remain as the police knew he was on board, and he was a bolter from Hobart Town ; he ssid Ellis depended on him to boist the flag during his absence in the country with some friends ; he asked me to hoist the flag for him ; -be said he had a friend in town be could trust wno would see if his description bad come from Hobart Town, and be would see Ellis before leaving Town and tell him he had engaged a man to hoist the flag, and that Ellis would satisfy me for my trouble ; we returned to the cabin and Good said he could not eat any breakfast ; after breakfast Good asked me to brush his coat ; while I was brushing his coat I saw on it several spots of blood ; I asked him what' this blood. and' dirt or this dirt and stuff was; he snatched the> brush from me, and said it was some blood from the table; (witness identified the boots) previous to going on ihore I asked Jones why be did not remain onboard; be said he wished to go after his bag (meaning a clotbes bag) ; going on shore I noticed the boots, and asked if they were Jack's boots (meaning Ellis); Jones said yes, they were Ellis's, and Good immediately said " Ellis had bought them and they did not fit him and he gave them to me ;" I then thougbt they bad been robbing the ship, and told' them if they had not, to let me into it, and they all assured me there was nothing amiss ; the boat soon afterwards reached the shore near Whebby's, and Good, M'Ausland and Jones went over the hill towards Te Aro, and I returned to the General Palmer, where I remained until I was given in custody by Mr. Betbune ; no one came on board ; two men came with a letter which tbey said was for Ellis ; I took it from them ; on the Sunday a young man came alongside and enquired for Ellis ; I slept in the cabin next to' the Steward's pantry ; on the Monday previous to being taken into custody I noticed a smell and looked into the steward's pantry ; I saw some wet and thought it came from the water closet ; there were casks, a can, a bag of colours, a door and other lumber in the steward's pantry, which remained in the same state it was on Wednesday. Cross-examined — When Mr. Bethunecame on board he asked where Ellis was ; I saicHl - did not know, as I had not seen him for a week ; I forget what explanation I gave Mr. Beibune of my being on board ; I once said Ellis asked me to go on board ; I think I have said Ellis asked me on the Monday to go on board ; I told Mr. Bethune Ellis had gone with some fripnds into the country, and that be had asked me to take charge of the vessel; I went on board the General Palmer the 18th March ; I was taken into custody on the 26th, and was examined the same day at the Police Office ; I do not remember the statement I then made ; I have said I went on board the General Palmer with those three persons ; the statement I made to Mr. St. Hill was not correct ; I bad not seen Ellis on the Monday; I knew Ellis, three weeks or a month previous to going on board ; I was in the bush on the Sunday, where I had been cutting wood ; I came to town between 10 and 11 ; I walked through Maori row; I went into Brown's, a coloured man's house, and remained three quarters of an hour ; afterwards I went on board the Woodstock and remained til! 8 o'clock in the evening, and then went ashore : I walked about on Mr. Flyger's jetty for some time, and then went to Basil Brown's, where I slept; it was dark ; I saw M'Ausland on the afternoon ; I saw M'Ausland on the Monday morning at Mr. Pimble's ; I do not recollect seeing him again on that day ; there are instructions in the cabin what flags to I hoist when all's well, and when anything is wrong ; on the Tuesday night we had got about half way to the vessel when we were driven back by stress of weather ; the tide was half flood next morning when we tried to ; get off; we remained all night in the flax ; I . came on shore on Friday under canvass, about dusk, to see it' I could see Ellis ; I landed at Firth's wharf and went in several different directions, but did not see Ellis ; a man wti'o keeps boats, at Mr. Firth's wharf asked me if I had seen Ellis ; I told him I expected him every minute; I remained on shore till 2 o'clock in the morning, when the wind changed and I went on board. By the Court — The story I have told today is to the best of ray knowledge true, my reason for making my first statement to Mr. St. Hill was I thought I should see Ellis before Mr. Bethuue (not thinking Ellis was murdered) and that be would prevent my getting into trouble for being on board without Mr. Bethunes permission.
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SUPREME COURT. Criminal Sittings. Before Mr. Justice Chapman. Monday, June 3, 1850., New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 506, 8 June 1850
SUPREME COURT. Criminal Sittings. Before Mr. Justice Chapman. Monday, June 3, 1850. New Zealand Spectator and Cook's Strait Guardian, Volume VI, Issue 506, 8 June 1850
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