THE MAUNGATAPU MURDERS.

Otago Daily Times, Issue 1482, 27 September 1866, Page 5 (Supplement)

THE MAUNGATAPU MURDERS.

TRIAL Ol 1 THE PRISONERS. [I'roui the Jfclvon Examines nnd Colonist."] SOPitJS M 33 COL'It T, NEL S 0 In. ckt:»u:n"j\ l sittings. [Ddore Li* Honour Mr. Justice Johnston',] I'OUKTIJ DAY. SiTfjJDAY, Sr.i"ri;jim:K 10. 'J'lu; Court ~?J, to-day Jit Jiinc o'clock. Before the; proceeding* commenced Burgees nd-drc-H'-cd tin- Judge, lie said: Your Honour, Iheiv it. one thing .1 i-liould like to draw your uf tenlion to, j if it is allowable by the C'met. It is this: I have been employed for some (i;nc- in prison in ■writing tin iiccouiit'oCiiiy life, and, before coming into Court, I left tin; ••heel*)"of the iiin-mi-jt-ript in the hand-i of tin.- Governor of t!io prison, to take care of thorn for me Wale rd:iy T ;i-!:c<I liim for (here i*hee(*, and he said " All right," and went away ; and came back in five minutf.M, and eaid lio could not let jnc liave tlicrn, as he lind received orders to keep possession of thorn. What I wish to know is, whether your Honour will order that they nhould be restored to mo ? Tin? Jcnoj-:; No, I cannot interfere in the matter. If tlie authorities of tin: prison have seen proper to,, impound these documents*, they have, no doubt, good reason for doing go, and I cannot interfere. Burgeon : 7.Jiiy Ibe permitted to disposo of them, your Honour? TheJuDGK: Dispose of them ?- Burgess; Yes, dispose of them ; to make a present of them to anyone, your Honour. The Juugk: Most unquestionably not. The moral injury which such things may cause ought to be provented; and we do not know what mischief to the people statements of. this kind may cause, I cannot, interfere. Burgess: May I have tlicrn, after lam tried, your Honour? The Juboi: : That may bo a different matter. If you had written something in prison for the use of the Government-, and tho keeper of the prison had detained it from you, you would have had some reason for applying for its delivery. But as it is, you, a prisoner on trial for a capital offence, have no right to any property in gaol. After the trial, the matter may be reconsidered ; but, at present, I cannot, interfere. Mr. Pur applied for leave to have Sullivan reculled, in order to put a question to him through the Court;. A discussion tirosc on tho point. Mr. Pitt paid his question to Sullivan would be, "Whether, before he gave his evidence in the Court, he hoped to bo pardoned for his share in the murder of Keinpthorne, Dudley, and De Pontius? The Judo: uuid that it had been established, on pood evidence, that before- ho gave information to Mr. Sh.tll<;ra?s ; ho had known that there was a free pardon offered to an accomplice, not the actual murderer. But, after all, what does it ? Every accomplice who gives information of the kind—turns King's evidence, as it is called—entertains hopes of pardon for the oli'ence. Mr. Pitt proceeded to say that he purposed asking his Honour to expunge the whole of Sullivan's ■evidence,.on tliti ground" that ho was not free from tho fear of punishment or the hope of reward, and that therefore hit) evidence ought to bo excluded, as being biassed by that consideration. The Judge said that, in point of law, there was no eueh thing as excluding evidence ; its value and weight were to be determined by ft.!l"')'Mr. Pitt repeated that, as Sullivan was implicated in the murders of Keuipthorne, Dudley, and D«r Pontius, and had not been pardoned or acquitted on these charges, and had made the confession in the hope of pardon, therefore his evidence wus inadmissible. The Judgk said that Mr. Pitt w.-is forgetting the difference between a confession extra-judicial, not before a magistrate, and evidence given by a witness on oath before a magistrate, and where lie was liable to cross-examination. This is not the case of a party charged, but is the evidence of a confessed accomplice who takes the position of King's evidence, and is liable to cross-examination. Mr. Pitt, after some further conversation, abandoned the objection, and the evidence was proceeded •with. The first wittiest) called was, Stephen Owens, who, being sworn, said : I am a publican residing in Nelson. I keep the Mitro Hotel. I know Sullivan. I have seen Sullivan at my house, and tho thrco prisoners on board tho Wallaby. I gave Levy a card of my tavern when on board the Wallaby, which had arrived from tho Buller. I saw Kelly and Burgess on board too. I saw them the Bume afternoon, after they had como out of the boat. I saw Levy and Kelly opposite my house, looking in at my door. This was after one o'clock ; it might bo two. They did not come into my house. I next saw them on Thursday, 14th. I saw Sullivan on the night of the 14th. He came into my house, and asked for accommodation. I saw Kelly next day at my house. Sullivan was dressed in an old pair of trowscrs, pea-jacket, and boots ; tho trowsers were inside the boots. He had no waistcoat on. Sullivan slept in my bouse on the night of tho 14th of June. He brought in a parcel with him after supper. On Friday I first saw him with new clothes on at breakfast. I'did not see him with old clothes .on on Friday morning. After breakfast, he called tho ostler, and gave htm his old clothes and boots. He then went out, and ho enmc back about 10 or 11 .o'clock in the forenoon. I think he came with Kelly. He introduced him to me as a schoolmate of his. He eaid he had not eec him for years. This was told me in the presence of Kelly, who told mo that he was staying at Carter's ho'el. He told me, on Thursday, that he had dropped in with an old friend, n schoolmate, whom he had not seen for years. He said he would introduce me to him. Sullivan gave me £50 to keep for him on Saturday morning; two £20 notes,' and a £10 note. I returned that money to him on Tuesday morning. Burgess: You cay you saw us all on board the "Wallaby when she arrived? Witness: Yes. Burgess : What made you notice us so particularly? Witness: As strangers, and because oi your appearance. ~ The Judge : Was thero anything peculiar about their appearance ? Witness: I thought they looked hko burglars. Burgess: When did Sullivan first come to your house? ■ Witness : On ihe 14th June. Burgess : Are you sure ho did not come on the 13th? Witness: Quite sure. ■ Burgess : When did you first hear that Mr. Kemp--thorne's party was mißsing ? Witness: On Thursday morning. Burgess: Did you ever meet Kelly in yourhouser Witness : Yes, and Sullivan was present. The Judok: Wero the missing men talked of ir Sullivan's presence!' , Witness: Yes; ho might have heard us talking about them. Burgess: Did you suspect any Germans ra youj ■"witness- I suspected some Germans, but the; wero not in my house- they wore at Jervia's. Bnracsß : Did you auspect Sulhvun then ?■ ■- Witness: When' Levy was arrested I did. . Burgess: Did you ask him. to ndo with you t< tho Maungatapu to search for the musing men ?

JJtirgc.'-.: What t-Scuts did he give for iioi accoisipaiiviiig \ou? [ Vv'itiwos: Ife Kiid that Ills head was too bad, and i that he could not ride. Bars' -i : J)id you intend to take him out, and to , kc-p iijiii «j'ih you? j Witnw<: V'cs I had a s-light suspicion of him then. Tlir; JvijfiK ■ Was Levy arrested then? Wifn.'- r t: Yes your Honour, Burge<.,: Did you go out to the Maungnfapu ycui'hcif ? Witness: Xo, not then. Burgess: Why did you not go. after asking Sullivan to accompany you ? Witness : Because T had a reason. The .Jvdgt, : What was the reason? Witness : Been use I thought that Kelly and Burges" were the right men, and T went to port to ii-ake f-ure. * The JcDor.: Hotv do you mean to make sure ? Wifnri-i:: Bwitiiyo 1 know parties who had com? up in Ihr; Wallaby with them, and J at once went and made inquiries about them, and found that they Ji.id nllb.cn'together on board. I myeelf did not see Sullivan on bo-ird the Wallaby. Binge."* : Did Sullivan have :>. lioko on Tuesday ? Witisci-s : Vis, when I had come back. IJurfrci: Were you at Newton's livery stables when Sullivan got. his horn- there? j Wifnes.." : Xo, IjuL I saw him coming out of the stublea on horseback. BiJigcsa: Did you see in which direction he went ? Wilnef-s :He went do^n Jfnrdy-ptrcet. Burgos*: You went outthat day on horseback, did you not? Witness : Yes, I went out with Mr. Shalkrass up Waimea-road. Burgess : Where wero you going ? Witness :We wero looking for you. Burgeps : When you knew I hat Sullivan had gone up the Waimea-road, did you think ho had gone away ■? Wit ness : Yes, I thought lie had flown and went to the lock-up at once. Sullivan had told mo he had come from the Collingwood gold-fields. [The JtriJCri: said that Sullivan was not on his (.rial, but he would allow (lie examination to continue.} He said that he had been to tho West Coast, and that he and two others had divided 700 ounces between them. Cross-examined by Kelly : The night you wero arrested I. did not cay, ' " Halloo, I want you. Wfieru'a Mac?" [To Ihe Judge] : Sullivan gave his imme as M'Gee. Sullivan introduced you to me us an old schoolmate of his. He did not Veil me he had slept in a garden before he came to my.botcl. Sullivan was often in my hotel without you. I saw you in Merriugton'H the day you were arrested. I Imido no inquiries from Mr. Potter when he was driving you out, about any men who were wnntcd on suspicion of having anything to do with the missing men. Cross-examined by Mr. Pitt : Sullivan came to my house on Thursday night with a swag and asked for accommodation. Sullivan iised to get up about seven or half-past seven in the morning when in my house. I noticed Levy on board the Wallaby. He was dressed similarly to what he is now. I did not notice whether Levy wore a watch and chain or not. Kc-exumined: Annin named "Tom the Butcher" slept'in the same room with Sullivan the first night he was in my house. j Francis Pureelli, being sworn, said : [Interpreted by Mr. Cotterell] I am a native of the Kingdom of Nuplea, and eanie from Barletta, about 100 miles from the city of Naples. I keep an Oyster Saloon, in Bridgo-sl'rcct, Nelson. I know Levy und Burgess, they both wero in my house. They came to my house on a Wednesday. J. don't recollect the exact date. I recollect giving evidence before tho Magistrates in this case. 1 think tho prisoners were at my house during the same month. The men were at my house live days before I gave evidence, I think. I do not know where the men went to on going away "from my house. Levy and Burgess came togethor. They wero coveiwl with- tnnti.-.hoalu onri all. They laid a blanket and opossum rug rolled up, and nothing more. There were two swags. They slept at my house that night. They slept ou a stretcher, and not on the ground, nor on a bed. I saw them on the morning when they went out to buy new clothes. When they went out, they were dressed tho tame as they had been on the previous night. They returned in about a quarter of an hour. They brought back a parcel of new things, tied up in paper.' Ido not know what they did, as they went to their room and shut the door, and I went to the kitchen. I saw them again in half an hour. They had taken off their dirty things, and put on new clothes. After they wero dvcesed, I gave them their breakfast. They breakfasted about eight o'clock, and about nine o'clock went out again. They lodged at my house five days. I remember Levy being arrested. Both Levy and Burgess remained in my house until the arrest of the former. When Levy was arrested, they left all their clothes there. I gave them up to the" police on their being called for. When Levy was arrested, Burgess remained in the house that night. Ho went away in the morning, but did not come back that day. Ho did not remove anything nft"r Levy's arrest* Their boots, and .trowsers, and shirts were wet; tho flannels appeared to be damp with perspiration ; the stockings were very wet. Cross-examined by Burgess : I supplied you witha small unit.trass to lie upon. You went to bed the night of Levy's arrest about midnight. I knew one of" the two men who hud stayed in my house was arrested, but I did not know which of them. " I first heard that Levy was arrested about eleven o'clock at night. After hearing about thiß, I saw Burgess. He was in the house at time. _ Burgess: I do not care about asking any more questions, your Honour ; it appears impossible to make him understand, and the questions are not very material. The Judge: Then they ought not to bo asked. It is easy to make the witness understand if the questions are necessary. Cross-examined by Mr. Pitt : Levy was dressed in dirty clothes, wet with mud, when he first came to my house. He had not on the game -clothes as now. Neither ho nor Burgess had on coats, but each had shirts. I did not see Levy next morning in tho coat he now wears. I do not remember whether he had on tho same scarf as that which ho now wears, or whether he wore any at all. I had no conversation with Levy about purchaeing apples, but he spoke about purchasing oysters. Levy had said that when he went to Hokitika he would take some oysters with him. The conversation took place the n'rnt, and second nights. [Witnesses were here called who proved that the prisoners bad spent various sums of money on artit cles of dress on and after the 14th of June.] i David Leslie, being sworn, said: I am a clerk,and live at Mrs.. Sharp's, Bridge-street. I recollect, .on a Wednesday, in June, I was going up the Maunga- . tapu. Ido not remember the particular date I was walking, and I walked part of the way with Mr. . Bown.'who was riding a chestnut horse. Bown rode on. I left him übout half-a-milo on tho other aide ;of Dwyera'- I met Mr. Birrell about 200 yards on this side of the water-shed of the Maungatapu. I was taking a walk to get :i view of the country. J r went on us far as a mile, or a milo and a-half, on the other side of theilaungut.apu. I did not see any of the prisoners on the road about half-a-mile ou the 3 other side of Dwyers'. I did not see any persons encamped near tho road-side, nor any signs of such. I saw no person encamped, nor any tent, clothes, or . opossum-rug. I saw no sign of firo or smoke. Edwin Edwards, being sworn, said : I am Sergeant of Police, in Nelson. I went to the Lord Nelson p Hotel for some articles, on the 19th June. The house,is kept by Robert Carter. I fetched away an ! opossum rug containing several articles ; a knife wae wrapped up in the rug. The articles were pointed T out to mo by Mr. Carter as belonging to Noon, whe 5 is now Kelly. I gathered other articles up and tool- ,. them to tho lock-up, [knife produced.] This knife i; the one thatwaslyingunder the valise, partly rolleduy r in the centre of the opossum rug. The opossum ruf was not fastened, but partly folded and lying on thi bed. Itook tho things to the Police-station and handec them over, to Mr. Sbnllerass. o Crosa-examined by Kelly : Mr. Carter told me yoi wero stopping at bis house in tho name of Thomai Neon. I haine namo girtm to tae. After yen wen

I arrc-fed Carter rpoke of ;. ou a* Thomas Noon. I| I urrcbti'd him <m Tu/sdiiy uitjht, the KSi.ii June,! between eight and nine o'ei.><•;,-. 1 coii-cii-d tin; i thin"'* lOfjrthor before I unvr-ted him, and v.-;i!> i:i ijje I act of ii!'c:ging him down. I was not in the lock-up J when the charge wsis booked. I William Jf'ifzgenild, being sworn, said : I am one I of tiie Neliion Police Force. I remember the arrest | of the p.isoners. I was present when Kelly, Bur-j Kcas, and Sullivan wero brought in to the lock-up ', I saw them Hearchcd. I know what articles were j found on them. T took a memorandum of the arfi-j clc-s found on them. [Memorandum of Burgess's j articles produced.] This is the memorandum of the things 1 took from Burgess, who called Jiimself ilk-hard Henry Miller. 1 took three £10 notes, one £5 note, five £1 notes, one sovereign, one halfsovereign, and two shillings in silver. That was all Ihe money. '! here were two screws, one pur.-c. [Protiueecl.] This \b tho puree. From Kelly, who called bim-flf Thomas Noon, I took one £10 noto, one £5 note, three sovereigns one crown ! piece, one half-crown, one florin, three bhii- | linjrs «nd four Mspi'iieew in Mlver. That was all ! , thn money. One parchment miner's right, with the j name of Noon on it; one watch-guard ; two wooden J pipe*, otio tobacco-poui-h, one pui.-e, one poclat-.i book, tv-.o pocket-handkerchief", one neck lie, one I i-iiein thread, two button-, three .-.ccopted bill.-', two j half leaves of nn English grammar, out'email piece j of tweed. There is a name on Ihe leaves of the gram- I ~,.i r —Thomas M'Gi'ath, Wnkaiuarijia, is w.-iiten on J them. On Sullivan, who gave flic name of Thomas i Joseph M'Gec, J found one ,C2O note, ou<! £5 nute, j four £1 note.", one (shilling, four MMvjnoi'n in fiiver, j four prccioui stones, one nicvi>L-h:iuni pipe, J t-la>p- j knife, one metal 'match-box, one tailor's thimble, one j new leathern puiw, one necktie. I tied each man's! things separately, and handed them to Mr. Shall-J crass. I made a" memorandum of them afterwards, while the fads wore still fresh in my recollection. Kelly : Will you read the receipted bills and the miner's right found on me? The ItEGisTiuit then read out the miner's right, issued in the district of Hokitika, nnd signed by Gvorga Sale, Esq., Commissioner, and also two receipts for money paid in Hokitika to Mr. Cristenson, for jewellery. Kelly : Wero there not taken off me two vouchers for £116 worth of gold sold by mo in Uokitika, in April and May last? Witness : No. Kelly : Did you take anote of everything found on my person ? 'Witness: Yes, T did. Kelly : Were there not several persons present when I was searched? Witness: Yes, I believe there were some persons there. Kelly : Did you not take off my comforter, necktie, spectacles, and collar? Witness: Not that I am aware of. I do not recollect doing bo. Kelly: Is there not a book kept in which entries arc made of the things found on those who are taken to the lock-up? Wiincss : Yes, the Rcrgcant keeps the book. Kelly -. Your Honour, I should like to have the book produced. The JtFUGK : You can, if you like, subpoena the sergeant to produce it. Joseph Bradcoek, being Bworn, said : lam a police constable, living in Nelson. I was on the Muunijutapu on the ]Sth June, with Thcophilus Mabille, searching for tho missing irien. Ho gave mo .two pieces of paper and a flour bag whilst there. One contained pepper and the other gunpowder. [Papers produced.] These pieces are tho same. They are pieces of-tho Marlboroufjh Press. On tho paper with the powder I noticed the name of the Marlborough Press. I noticed the leading article commencing with the words, "A-very pretty quarrel." I gave them to Constable Marten to take to Mr. Shidlcrasa. The papers wero given tome by Mr. Mabille at tho camp of the Search Party. I was p '..000.,t ™-1,i.« Hie nuii >vuh founil, utmui, XUU yartin this side of the third creek from.Eranklyn's Plat. The creek is on this side of tho rock, and not far olf it. The gun was a double-barreled one, complete, and loaded and capped. The barrel was attached lo the stock by a piece of hoop iron. It was found ou the lower side of, and about 100 yards from, the track, in the brushwood. It was in a position to which a man on the track might have thrown it. I saw a shirt found near the track in thebusb on the lower side of the road, about ten yards farther down the road towards tho rock. The gun might have been 100 yards off the track, pcrhnps not so much. The shirt"was rolled up and stuffed under a log. I sent it with the gun to Mr. Slndlcrass by Constable Marten. I saw tho horse after it was found, lying on tho ground, about 100 yards farther on the Nelson side than where the gun was found. Tho horse was lying about 80 or 100 yards from the track. I produce the gun. [Gun produced.] This is the same ;un, but then thero was no ramrod to it.' This stock and barrel wero fastened together by a piece of hoop-iron. Burgess : When was the horse found do you say ? Witness: On the 20th June. Burgess : And when were the shirt and gun found ? Witness : .Tho gun and shirt wero found on the 22nd, and forwarded to Mr. Shalicrass in Nelson, on the 23rd. Kelly had no questions to ask this witness, nor had Mr. Pitt, on behalf of Levy. Henry Marten, being sworn, eaid : I am a police constable, residing in Nelson. I was one of the Search Party engaged in searching for tho missing men, in June last. I was given some trunks and swags whilst on the Maungatapu by constable Bradcock, and some papers, containing pepper and gunpowder. Mr. Put: Your Honour, my client Levy has handed me a note, in which he says, that Sullivan has juat given a paper to Mr. Sbaucrass, which he wishes should be read. The Judge : What paper is it Mr. Shalicrass ? Tho note in question was handed to his Honour, who eaid that thero was no doubt tho proceeding was irregular, and read it aloud. It contained a question as to whether Mr. Shallerass could be asked if Sullivan had sent for him previous or. subsequent to the proclamation of pardon being issued. Examination of witness continued : I also roreeived a gun fastened together with hoop-iron; [produced] this is tho one; also a shirt Tho gun, pieces of paper, and shirt, were brought to Nelson on the. 23rd, and I delivered them over to Mr. Shalicrass. They are the suine as now produced and in the same condition, except that they were then damp. Peter Levy, being sworn, said : I am a constable residing in Nelson. I recollect the prisoners were had up beforo the Resident Magistrate charged with the murder of James Battle. Burgess made a statement to the Magistrates. In consequence of which I went to Toi-toi Valley and found a parcel rolled up containing A gun and a revolver, and some powder in a gorse hedge. Igave them to Mr. Shalicrass. James Stout, being sworn, said: I am a miner residing on the Kanieri river, near the Hokitika river, on the west coast of the Canterbury province. I had a gun in my possession in January last, but it did not belong to me. [Gun produced, which tho witness scanned carefully in every part for several minutes.] This is tho gun. It was stolen from me. Its uppe-urance Einee I last saw it has greatly altered. Tho veneering has been worn off the stock; there is also another ramrod ; and the key which fattens the stock to the barrels is also not the Baine. I had a key made for it,by a blacksmith in Hokitika, but tho one on it now is another. The gun was stolen from mo on the Ist of January last. Tho Judge : How then, notwithstanding these great alterations in its appearance, can you identify the gun as yours ? "Witness : A pieco some two inches in length was cut off the barrels whilst the gun was in my possession, and at the time 1 lost it tho iron at the breech was much shaken. It was loosened when I was onco firing in the bush. The iron at the breech is started in tho gun now produced in a similar manner. The initials of tho maker's name are the same, There is also a stamp on tho barrel, which I recognise as well. ' Tho Judge : How can you tell that tho gun now produced has had two inchos cut off the end of tho barrels?

Witnt'Ri': B?caure the upper kcojyr for the r.tm- _ od if [rone. j T!ii> JviiGT; : You know that «io=l guns ha-.v Ihr ; i!)T>er kipper i-f tin* ram-ml re:ir.*r the end than the ippcr otv.; on the gun produced i«? Wilue.-*: Ye.-., your Ilo'umr. The maker's iiair.i'J« hr fame—" Wiili'ani Brudk-y," and there is a coal >f isrms, with a kangaroo in h, which is al«o nimHur. j Tho prisoners Kelly and Burgess put no questions o thid wilne??,. Mr. Pitt: When you had the two inches cut off, • Vfis anything elso done to tho gun ? i Witness : Yes, I hud a new k-.-y put in to connect j he stock and barrels. ¥ | William Yv'arner, bring sworn, snid : I am igiiteen years of nge. 1 found a revolver i:i Tas-iian-Btred, in »i fuvze hedge. I gave it to Mr. lelpo. I found if on Thur=dav last. Mr. Shall•raw got it in my procure". Tiisnum-strett is a , Ireef at the upper end of Brid -ivr-treer. ', lluiw.: I wish the pirlol to be produced. I'i-10l prodin-ei:.] i Wit nest: It v.us n pi-iol like tb.is. j Hubert Shiiilcraf-. bpinj!; i-won), tr.'ui : I nin Chief! DiTiLvr of I'nhro. I w.t.-i pre-cut at (Ik. Poiic- ofiKr ■ vhen lh<: pri-nn<v Levy vs.* brought there. He war ; rurehed. it was on" Monday uiu'it. the JSth of Fiilc. There was found on him one £20 note, two 210 note.-, ten £1 note, thirteen rovcn-ijn.s on- ( i:ilf-s'jvereieu, five s-hiliing«, two >ixpfiici'» (COIi 10-.), I ir.egold watch, chain, and locket, two finger rin;;?. | hip wnich key, one pnrkHbook, one fobaeeo pouch | md {üb:ii co, or.B wpi-ir.-ch.iinn j.ipe, one chi-p knife, j me lead pencil, one TiiatehboK and matehrv, one j uvktii', one piece of tobacco, one button, out; e-hirt ' ■011.-ir, one pock.-! h-indfcerchicf, and four pi-'Ct-< <>fi sisper. They sire produced all tor-tlier. Levy . ■•aid ! ■omothing.on that occasion, in answer to questions, j [ aslccd him where he had come from, and he said he. md come from the. Buller; t-ltat ho had come oversiml-. alone; that, he wnu at Deep Creek on Sunlay, 30th or June. I did not say anything -o'induce him to believe that answering my ques,ious would do him good. I told him that ho wns ipprehendfid on suspicion of committing murder, md that a person had identified him as having been it- Deep Crctk on-Sunday, 10th June. I asked him fhe had come down from Deep Crrek on Monday, LI th June lie said he had, alone. I then asked lim ii' he was not accompanied by a tall your.!;; mini ivho was carrying a double-barreled gun '? He .said, j ' Yes." I llien asked him if there wtis not; another | .•oung person who enmc down with them, .and who j lino had a gun? Ho then paid, "Yes, then* were j hree or us alfogrlher." I asked him'where he ■lept on Monday'niaht, and ho paid bo had Mept ionic diftanec on Ilii* s-ido of the Wakamarinu river, in his opossum rug, alone ; thai, he had walked.into | S'elson the following day alone; that he had no j nate or mates, and be refused to tell we where he j rvas lodging in Nelson. ?.rr. Hart : Did you subsequently receive mforma;ion where certain "bodies were to be found ? j Witness : Yes. Mr. ITaut: From whom? _ Witness : From Sullivan. It was on Wednesday, JBtTi of June. The prisoners h:id been examined jefoni thfl Magistrates before that time. Evidence iad been taken' two or three times before this. Mr. Haut : At what time of day was this informaion given you by Sullivan? Witness": About, half-past ten o'clock, or between hat lime and eleven. Mr. IJaut: How did you get the information ? Witness: Sullivan had •cent for me, several limes iurin" the previous day, but I declined to go, be•fiuso I was so often sent for ou frivolous pretences previously to this. The Judge.: What, induced you to go? Witness: Sullivan then sent me a scrap of paper. [Paper produced and identified.] It was read as follows : — " I have some import«nt information to give you »r your officer.—Thomas Soxwva:.'. Allow mo out O: wrila ii letter, and then I. will-1*1; Tnll l'nnw " Witness: On getting this, I went and saw him, md let him out;. He told we thnt ho intended to nuke a confession of all that liupponed between him md his fiillow-prisonors over since he became ac[uainted with them. . The Jraaj: stopped the narration, as being heariay. 'Witness: Sullivan then mnde a full communieaion lo me, and I went, and acted on it. I started Vom Nelson on the 27th of Juno last. Then; had jocn a voluntary arrangement among the citizens 0 search for the- bodies of the missing men. [ sought out Mr. Saxton, on the Mnungutapti, who was in charge of the Search Party. In couscluenco of what I had heardT pointed out a certain locality to him, and tho party went in that quarter. [ went part, of the way. In consequence of this information four dead bodies were found. I did not see them found ; I saw the four bodies about half-an-liour after the party had left me. I did not know my of the bodies. " They were afterwards brought to' Nelson and laid in the engine-house. They were there before a fifth dead body was brought there. 1 got one £10 noli', and ten £1 notes, from Mr. Carter, of the Nelson Hotel. I received a £20 note from Sullivan. I believe it to bo a £20 no to. It remains rolled up in the same state as when I got it. 11 to not know where he took it from. I saw several articles found by Sergeant-Ed wards. [Knife produced.] I received tins knife from SiTCcant Edwards. I received fho gun identified'by James Stout from Constable Martens. I received from Constable Levy a parcel containing a double-barreled gun and a revolver. That is it, the silver-mounted revolver ; nnd a canister of gunpowder. There is a name on the name-plate of tho gun. The name is " Thos. Noon." It is scratched on. The other revolver pistol was given to me by Mr. Helps, in presence of the last witness. The last gun was given tome with the barrels and stock detached from each other. The firet gun given to mo by Martens was not detached. Both barrels were loaded. I had the charges drawn by a gunsmith in my presence. I have the pieces of paper which formed\he wadding, and also the bullets. [Wadding produced, piece of printed paper, with advertisement on one side. " Marlboroitffli Press occurs, within inverted commas.] The bullets were too small for the barrels, and were wrapped round with brown paper. Mr. Haut: Have you traced where these pieces of paper were torn from ? Witness: I- have. Both of tho pieces of paper which formed the wadding I have traced and fitted into the piece of paper in which the gunpowder was found. [Large piece of paper produced, and the small pieces fitted with nicety into a part of the larger piece from which they had been torn.] The printed matter on the two pieces of paper corresponds on both sides with the printed matter from which they had been torn. I produco also the piece of paper in which the pepper was found. [This piece was also fitted to the larger pieco in which the gunpowder waß found, and witness deposed that the edges of the torn parts fitted together, and •the printing corresponded.] I received the'pieces of paper produced from Constable Martens. I found, on the Maungatapu, the courier bag, the purses and the contents, at the old chimney as on the map. I produce a bug containing some gold, produced by Constable Martens. It contains some peculiarly marked gold, one fiat nugget. [This nugget was set apart.] I produce a shirt, which was delivered to me my Constable Martens. There are marks on tho shoulder, which we supposed to be blood. There was a rent on the shoulder. It has been subjected to a scientific examination. [A snddlu strap produced.] Ibis strap was taken out of one of the prisoners' swag 6. Tho swa» belonged to Burgess, being the swag brought from the house of Porcelli, tho fisherman. The Email pocket-knife I found on Kelly. The leaves of the grammar [Part of English grammar and a separate leaf of same produced] wero taken from : Kelly. A small piece, consisting of o leaf of an iEngliib. grammar, was produced beforo the ! "Magistrates by the witness M'Cabe, with the name I written "Thomas M'G rath," and "Abridgement oi ! Cobbett's English Grammar," also written, iherc is the enme name on tho other part of tho book, and the writing corresponds. Burgess : You say yon found tho satchel ? Witness : I was told to look for it. Burgees: By whom ? WitaMS s By Sullivan.

JJursrs" = Vriu-n v.::«s ihe priK'b.iiialion placai'dcd on the door of the wilrh-hnu'o ? Wi!n«'=- : O.i JSsh uf June, Thursday. Bur^rss : Vv'hen d;d h>.' a-k !<> ew yon? Witiii'-s : On the previous day several times, but I dirl not go. The pit.vu of paper asked me to go, unj I went. Burgop? : When you c.inir-, did he make any cx-eu.-r ::! tho aperture of ihe cell door ? Vi'itneei: Yes. ... j Burgi-rs : What was that excuse ? j Witness : Ho said he wanted to write a lottor to j hi? wife. | Burgo?»: lie did not tell jou direct that he! wanted to make a confession '? Witui-RS : I had received his note before that time. Bnr"i-ss : Could he bear the proclamation read, if j read ? I Witness: If the door wai elo=t?d or nearly closed he could read it, not if ir were open. j The Jriioi:: Sullivan hu» admitted that he heard j tt re:n'. and knew iU purport, what good will this | quei-tion do ? j Bur^i'--': He h'i'i •■.■ AH, your Honour, that ha! could not. s;<'t hi« h'-.id throuuh the nperture in the door, H>ut I v. Mi to pr.ive tliiit he could. The Jur-r.n : Mr. Slmllcra'.s, could Sullivan get lii- ln-ad through lli'j opening in !h<! door? WitncF-1: I could not get mine, your Honour, and 1 don't, think he could hi". Burgees : What i- th.' ordinary charge of powder to load ii cuji lil c that, to carry liail? Witness: I could n:-l. s--iy. f messure mine. Bmyt-s: \\*i>iil<i tiisit [flic lop of a canister in witni'."*1 lund'j held a chnrse of powder ?. Witni'-H : A t-Tiiidl elrir^i'. Ki-llv : J>id you ever i.ike Sullivan with you to lind any property belonging to this case? Witness : Yes. 3Celly: How often? Wiincss: Once. It might have been twice. Kellv : What did you take him for? Witness :; I took him to lind sonic strychnine, and a piato!, which hud been hidden in a gorso hedge over in the Wood. Kelly: Did he'fimlil? Witness : No. Kellv : Did you cvor send him v, iih any constable to find nny property belonging to this case ? Witness : No. Kelly : Before ho was placed in the witness-bos, how much of property belonging to this case was shown to him ? Wilncs-s: Nothing, except a strap, and that ho described beforo In: w:is shown it. I Kelly: Did you receive any information lo inter j cept letters he h.id written lo Victoria? j Witness : No. ] Kelly : Did Mr. Sharp tell you that I fold him, in presence of Mr. Pitt, thut Sullivan had written somtletters from Now Zealand to Victoria that would prove his statements false against me? Witness : Jso. Kelly : Did you get nny information to receive j any letters which might be for Sullivan at the Pobt Oiliee at Hokitika? I WitlU-bS : No. Kelly : You did not ? Kelly : No. Kelly : Have you any letters belonging to Sullivan ? Witness : No. Kt-llv : After Sullivan made his statement to you, did you give him any property that was taken from j him when ho was arrested? ; Witne.sH: Yes. The Jvdok : What was it? Witness: A pipe, a.worsted jacket, and a pocket.hanii kerchief. Kelly: Anything else? Witness: No. Kelly: Did you give him a comforter? Witness : No. Kellv : How cainc he to have one? ] WitiiAß*. ll'lie (/01. one. 1,, f .»«ot I'---—-rtnk if •";--" me, but Ido not recollect. I must have sent it to | the gaoler for him, tho same us I sent your spectacles. Kelly : How often have you given him tobacco and matches ?•• Witness: Never gave him any. Kelly : Did j-ou find the men's bodies near the spot where Suifivan pointed out? Witness : Not no near as I expected. They were further up tho hill. Kelly hero r.ead from a portion of a newspaper a part of the evidence given by Mr. Shalicrass before tlus.Resident Magistrate, with a view, apparently, to show some contradictions between the witness's statement then and his evidence now; but thero was no discrepancy. Kelly : Did'Sullivnn give you any money ? Witness : Yes, a £2J note* It va.a rolled up into a very small compass. Kelly : Did he lull you it was part of the proceeds of what was taken from the murdered men? Witness ;: He did. Kelly: Did Sullivan give you, or any one elso to your knowledge, one £10 and two £20 notes to send to bin wife? Witness s No, ho did not. Kelly : When Sullivan was in the lock-up cell did you get pen, mii, und paper, for him ? Witness : No. Kellv : How did he write that note he sent to you i Witness : He wrole it with a pencil. Kellv : How did he get the pencil and paper? Witness : I don't know how he got the paper, the i pencil, I believe, he got in Court when he was before j the Magistrate, and when all tho prisoners asked for ] pencil and paper. I Kelly : Were there not, in tho things you took from me, two bank receipts for gold sold by me in Nelson, one dated April, and the other May? Witness: No. Thero was nothing of the kind) taken off you except tho two receipts produced in j Court to-ility. ' Kelly : I>s there a report book kept at the police stutiou ? Witness : Yes. Kelly : Were tho articles taken from mo when I was nmwted entered in that book? Witness:-No. Kelly: Why? Witness : Because it is not our custom to do so. In such cases, tho things found on each man are put in along with an inventory of them, and the bag and its contents are then placed in a storeroom kept for the purpose. Kelly : When you took Sullivan out to look for the things, you say you could not find them. Did you give him anything to drink ? Witness : No. Kelly: Did anyone else give him anything to drink? Witness: No. Cross-examined, by Mr. Pirr-. When Sullivan made his statement to me, he did not know that the Crimean shirt produced had been found; but it had been found then. I sent the shirt to Dr. Cusaek on 25th of July. It did not go before that time because it bad never previously been carefully examined. The shirt was never producedin the Magistrate's Court. Other things were sent to Dr. Cusaek for examination. There were portions of a shirt,- a comforter, belonging to eitherBurgess or Lew,' as it was found at the Oyster Saloon among their things; a small portion of a sack found in Sullivan's swng. Wo have not yet received thoiso things back from Dr. Cusaek. .there , was a (strap or two found among Sullivan a things taken from Owens' house. They wero new ones, i Mr. Joseph Harley went with me to the old chimney. It was he who actually found tho satchel and other ■ thincs there, and he pointed them out. to me, and 1 1 too/them up. The tilings were not all found from ; Sullivan's information; in fact, the most ot them were found without it: the horse, and swags which i wc-e on the horse, and the Bwags found elsewhere; i two long-handled shovels, a double-barreled gun, , tho shirt referred to, and the parcel which Sullivan j threw away j and the papers with the gunpowder and f tho pepper. He told mo where the pistoi and > strychnine were likely to bo found, where the purses L were, to be found, and where thn bodies of the murdered men were likely to be found. We intercepted no letters of hi 3. . Kelly : I would like the Government of this country to order that tho letters bo produced whioh SwlHtrA wrote t» hi» \rife.

The ij'ci>oi: said thai; could mil- bo Juno. Governments are not omnipotent bodies, mul cannot do iinp;>.->-i'>i!ifie?. The Court h.-iv adjourned for half an hour. -The Court having reassembled, lie. Sliallcrnss was again placed in I lie witness-box, at the request of Mi-.'Pitt. Mr. Pitt: Did you not, the day before Sullivan confessed, jsend Mr. Isaacs, a Jewish Rabbi, to (ho gaol with one of the placards which have been referred to, in order to induce Levy to confess? Witness: I did not send him. He visited Levy in gaol, and took one of the placards with liim n few days prior to Sullivan's statement being made. The Judge : Docs the prisoner Levy belong to the Jewish nation or persuasion ? Witness : I believe so your Honour. TheJunoK: Hits bis llrtbbi seen him ? Witness : Yes, ho visited him, 1 believe. The Judge: Sullivan's statement was only made on the 28th June, and the placard ofloring the pardon is only dated the 26th June, in Wellington; so ho eouklhardly have taken one of tho bilis to the gaol a day or two before Sullivan confessed. Mr. Shalierus?: The placard he took with him was not- a eopv of the one you refer to, your Honour. Lulie Nattrnss, being sworn, said : I am tho Librarian of the Nelson luslitulc. I receive regularly the Marlborouyh Press through the post from tho publishers. ! received one of the 30th May last. 1 retained it in my possession until I guvo it to Mr. Adams. I entered the circumstance in my rou»h day-book. 1 guru it/on the 9th of July. Tile JcuGEretniirkcd that this testiriiony appeared irrelevant, but consented to place it on his notes on tho statement, of the Crown Prosecutor that it would be made evidence. Henry Adams, being uworii, said : I am counsel for the Crown in this case. I received n copy of tho MiirllioroHc/h Press 'newspaper, of the 30th of -May, from the last, witness. 1 cannot speak positively to the date upon which I received it, but 1 have received no other. 1 immediately Rave it to Mr. Sharp. John Sharp, boinr; sworn, said : I am Registrar of this Court, for the Province of Nelson. I received a Marlborovyh Press, of tho 30th May, from Mr. Adams. . 1 produce ii. The JvjHiK : What do you propose to show from Mr. Adams : Wo propose to show that the pieces of paper found are pieces of the Marlborouyh 'Press of ;i certain date. Examination of witness continued: 1 saw tho charges drawn from this gun*[gun produced] by a gunsmith, in tin-, presence of Mr. Sliuih-.rass. .1 saw two pieces of paper tnkeii out. Those produced by Mr. .Sliallcniss are tho same. J have compared these pieces of paper together, ami also the papers containing the pi-pper and gunpowder, und the Marlborouyh Pr'rx.t produced, n<id they correspond on both sides with the print ing, and their edges fit. together. The Jcugk: ' JJut have you usamined all tho papers published in the colony of that date, Mr. Sharp ? Mr. Sii.MU': I believe I have almost nil. ' 'l'ho Jvnor.: It is impossible to make such evidence couchiMve. I know a great many papers in England which correspond exactly with each other except in parts' relating to local matters. ! Examination continued: 1 examined the other gun niid revolver. I noticed a name written on tho silver mounting of the gun. The name on it is " I'hos. Noon." 1 believe the writing to be that of ■ the prisoner Kelly. I judge this from specimens of his hand writing which I have. The Judge: You nrc aware, Mr. Adaum, that there is v clause pertinent to this subject in the Act recently passed, liy which the law relating to the comparison of handwriting has been extended to criminal ruses r1 Tiie Juwii; : Mr. Sharp, have you any of Kelly's hiiud wrii ing? Mr. Sn.uu' : Yes, your Honour, what has been given to me from nrisoner Kellv. I -vt... j'iw, 1 ..!.)... t t.. v.:. --:j \.~:.. b i..i...., your Jionour, as it, appears to refer to engraving and not to handwriting. Tho Juixii:: You do no* mean to say. r- !''"• that beeauao it is on metal it is not handwriting. You might us well say that when tin ancient philosopher took lii'h stylus and wrote on his wax that it was not, his handwriting. Mr. Pitt: I maintain, your Honour, that tho writing on a plate cannot by judged by the ordinary hnndwriting of a person. ■ The Judge : A eertnin style can be detected in tho marks of a shorthand writer which would bo admissible as evidence, or in paintings even. I have, known many cases in which even a particular way o i stitching has enabled a man to swear to the workman. A man can often say, " That is my work ; I know by the manner in which the stitches are mudc." Mr. 'Sharp [producing some of Kolly'e handwriting] : -The mmv on tho gun is like the writing of Burgess slight li-, but it is in tho main moro charac!eristic of Kelly's. Tho JUDGii thought the evidence of lii.tle importance ; but if it was wished, Mr. Sharp could bo examined as an expert. Examination continued : I examined tho revolver BUiiieienlly to say that notn<i of the chambers had not been fired o(f. "Two of them did not present tho same traces of recent; discharge, as the others did. The revolver and gun were brought in by Peter Levy mid Sergeant Nash. They brought them in on tho 9th of August, the day of ■Burgees' confession. I know thuMhe two chambers were not fired olf, because I took out some powder lrom the chambers, dried it, mid burnt it. Theophilus Mabille, being sworn, said: I urn a civil engineer. 1 formed one of the Search Party in June last. I was one of the first Search Party that left Nelson on tho 181 h June last, with Flett, Bradcock, and Martin. We went up tho Maungutapu. We stopped first at Smith's accommodation house, then at Dwycr's, and then at an old chimney on tho Maungatupu. That was between three and four in the afternoon. I observed that v lire hud lately been lighted in tho chimney. I observed this from tho stale of tho burnt log's in the chimney. I also noticed apiece of paper rolled up, about three feet from the chimney. I unrolled it, and found it to bo a, piece, of newspaper containing a black substance, which was in a solid state. I called the attention^ of the party to it, and gave it to Bradcoek. [Tho paper and contents produced.] This is tho same. I continued my search, and told the men with me to look carefully round the chimney, and a man named Henry Hope found another paper, containing Home pepper. 1 saw him iind it. I compared it the same night, at Franklyn's Flat, with the olher pieces, and found that they corresponded m their "edges, and would fit. Tho next day, on tho other side of tho Maungutapu watershed, at the rock, I found another piece of paper. It was a piece of an English grammar. [Piece produced.] This is the piece. I gave it to nobody. I left it on tho same spot, thinking it unimportant. I found by the rock the mark of a bullet in the tree, and some black thread. . ~ ' William Henry M'Cabe, being sworu, said : I urn a, "cntleinan, residing in Nelson. I have no avocation. I was one of the Search Parly, who went to the Maungutapu to search for the missing men. I found Ihero a piece of paper between the rock and where the horse was found. [Piece of paper produced.] This is tho piece. I brought it to JSelßou, and produced it in Court at tho magisterial examination. John Lclhbridgc D'Albedbyll, being sworn, said : I am accountant at the Bank of New South Wales, Nelson. AVc buy gold. Some gold was bought on the 1-ltb Juno last, by me, for the bank. It was about eleven o'clock in the fosenoon when it was bought. I could not cay wUo it wiih that sold it. 110 appeared to be a diirger from his divs-s. I produced the voucher of the sale of gold in tho Resident Magistrate's Court. I got it from the bank. It is called a Bank Voucher or a purchase ticket. It was ! drawn up by me that day. It is from that the entry to tho ledgers is made. It is mi account of gold purchased by me on that day. There were two lofa sold that day ; one of 20 ozs. 19 dwts. 14 grs., which was bought'at 73?., amounting to £76 11b. Cd. I cannot Bay from tho voucher what time thnl wub boiifht, but I nra sure it was bought in the forenoon. There was another lot sold immediately after, or before of 7dwts. at 73*., amounting to ail 53. 6d. luO I gold was Wekarosriua gwld. 1 know from its &?•

pc inncc that it >w s \Y „ mis un t j?olJ, aid as sue] it i i «-old "VTi'-vti, in i trrdd Itch ■> tuo or thro hilli i^' in out 1 j-> th in odi i Bii^< ) but ton ■<.\ \ou foi jot >\ho gold yoi th t,<Ad 'hut iiio-ii \^' J t mc l fresh you iitiiio \ S)o jou not <• nd tho cit ho .re anxiou Id »(l' ji'd into a di nt E p !lm_ it to thc.oni i ifo hithjou .1 t conn ' _ 'W llm "ilt J_iu_ «s Ji iot there a countet ia tut room? "W int -j No Ijiii^t"* J f there not - glifß t i_. tli're J Wilut _ Ym Biir^is 11 thi re not i gentleman in the Bank \ho ii i-'ioitci and rtouttr than >ou elf' ■\V-t»___. __~ Burgcs-: Don't you recollect asking the condition of the Wakamarina gold-field of the person from whom you bought the gold ? Witness: It.in very likely I did. I usually try and get all the information I can concerning the various diggings. Burgess: Don't you recollect Mr. Goulstonc (I think is his name, is it not ?) looking over your shoulder ufc the gold whilst you were buying it? "Witness: No, I don't. Burgess : Are you in the habit of taking the names of those from whom you buy gold ? Witness: Wo were not then, but we do now. Burgess: Do you usually givo a receipt for gold bought? Witness : Not unless asked for. Burgess : Whfct size are your cheques ? Witness : 'The usual size. To the Judge : We don't always givo vouchers unless asked for. We always pay tho money from the till, as we only have three hands in tho bank, and I act as cush-eeper and gold buyer as well. We don't always give sellers a memorandum of the gold bought. When asked we do so, and we tear the memorandum out of a book, leaving the butts without marking them, as it seldom happens we are asked to give memoranda. Burgess :Do you remember anyono coming into tho Bank about half past one, and tendering forty sovereigns for two twenty pound bank notes r Witness : No. Ido not. Burgess :Do you remember nothing at all of the circumstance ? Witness :It is one that happens so often that it would make no impression on my recollection. Burgess : Then, your Honour, I should like you to subpoena the Manager. The Judge : You can, if you like, subpoena him, of course. Burgess : I am ignorant of how 1 should proceed, and therefore applied to your Honour. The Judge :It is all affectation ; you know perfectly well if you apply for a subpoma through the Governor of the Gaol, your request will bo granted. Oliver Wakefield, being sworn, said :I am clerk in the Bank of" New Zealand, in Nelson. I remember seeing Sullivan in the bank on the 14th Juno last. He was selling gold. I did not purchase the gold. This happened at about 12.30. This parcel consisted of a few ounces. I know the general character of the gold j it was nuggcty gold. I believe £3 13s. 3d. an ounce was paid for it. This is all we give for Wakamarina gold. This was some gold from there. Mr. Lisle, the teller, bought the gold. Burgess : Are you an assayer? Witness: "No. Burgess : You said it was nuggcty gold; can you give any description of tho nuggets ? Witnc&H : "No, I cannot. Burgess: "Was this said to bo West Coast gold? Witness: Yes. William Duncan, being sworn, said : I am clerk at tho Union Bank of Australia, in Nelson. I bought some gold on the 14th Juno Inst—2B ozs. 1 dwt. 11 grs. —amounting to £100 7e. 6d. The seller gave mo tho liaino of JSvcrctt. I cannot recognise either of tho prisoners, or Sullivan, as having sold the gold. I did not pay the money, but I know the teller's _;„,, ~„i ,„ .(Vinr, <7«. na. ti._ i>vio_ was that of Grey gold. I could not say whether it was or not. It might or might not have been. Vouchers arc only given When asked for. I gave tho seller a cheque for tho amount. John Lisle, being sworn, said: I am clerk in tho Bank of Now Zealand. I recollect buying Borne gold on 14th Juno last. I bought several iots at various times of tho day. I believe I bought one lot from Sullivan. I believo that Sullivan was kept some time waiting in tho Bank, but my recollection is not;' clear on that point. Tho amount sold was worth £5 3s. 4d. The gold was put in a bag with some other gold. I gave some gold afterwards to Mr. Shallerass. I cannot, say whether the gold given to Mr. Shallcrass came out of tho sumo bug as that into which the gold Sullivan sold was put. Wo had four bags of gold. They were all more or less mixed. The gokl I gave to Mr. Shallcrass was selected from ono or more of these bags. There wan another lot sold, amounting to 11 ounces, some pennyweights and grains, at £3 13s. 3d. an ounce. It came to £42 ss. 3d. I bought it. I do not know who from. Tho price given was that of Wakamarina gold. Cross-examined by Mr. Pitt : I have boon told before that it was Sullivan who sold tho gold, but I am not sure. I was told before 1 was examined before the magistrate. I know Sullivan from tho general appearance of his features. I believo I never was told by the police that Sullivan was the man who sold the gold. My own recollection enables me to speak a3 to Sullivan's identity. Henry Goulstonc, sworn, said : I am acting manager of tho Bank of Now South Wales. I do not remember being prcaont wbon any gokl was being sold on the 14th of Juno lust. '. Burgess :Do you remember anyone coming into tho bank, and changing forty sovereigns for two ' twenty pound notes ? Witness: Such an occurrenco happens too often for mo to remember it particularly. ' Charles Morgan, sworn and examined, said : I am a minor residing at Deep Creek. I recollect having '. a small piece of gold in my possession somo montlis ' ago shaped like a cockatoo's head [produced]. This ia the. pieco. I gave it to my wifo to put by ; it then 1 remained in her bos for soino months when it was I sold with some more. J Maria Morgan, sworn and oxamined, said : I am ' the wifo of tho last witness, I remember my husband ' giving me a particular nuggot about 3 moutliß before ' Isold it. I afterwards sold it to Mr. Felix Mathieu, 1 of Deep Creek, on 9th Juno. I sold it thero with ' six other ounces. Ho was there buying gold. That is tho piece. [Tho witness hero selected two pieces [ from amongst a parcel'of gold]. I was at Deep Creek on Sunday 10th Juno last. I saw Levy at Mathieu's ' Cafe do Paris. I knew him on the Dunstan Dig- ' gings in Otago. I had a conversation with him ' regarding Mathieu and others going over to the ' Grey, or Cobdon. I said thoy were going on Mon- ' day or Tuesday, and that tho chief commissioner ' thero had written a letter for them to come over, I told him Mathieu was going to put up a publichouso there. Levy.said "he can't put up any kind of - a house, for leas than £100." I did not say anything about Mathieu's circumstances. Levy stopped that < night at Mr. Mathieu's. I saw him tlrere next day ] at breakfast. ' Cross-examined by Mr. Pitt : Levy was dressed in ' dark clothes, and had no coat on, but a waistcoat. ( [Levy's scarf produced]. This is like tho scarf ho ' woro. I told him there was no rush there. I read ' tho newspaper, and there was nothing in tho Marlborough paper of that time about any prospecting claim being granted. ' William Hall, sworn : lam a digger residing three 1 miles from Deep Creek. I sold some gold to Mr. $ Felix Mathieu; £'should know two ofthe nuggets. ' Ono piece is flat, and smaller at ouc end than tho c other, and coated with black at one end. [Gold j produced]. Theso two pieces wore amongst what I J sold on the 10th of Juno last to Felix Mathieu. a Joseph Turner, sworn : I am a miner residing at '" Dcop Creek. The last witness—William H all—was * amatoofmino. ' I know tho two piocos of gold he ' idontiCed ; thoy.onco bolongod to me, but Hall sold a them. . 'Tho Jpdoe here remarked that tho ovidonco r regarding tho partioular nuggets was not conclusive. * It had only been proved that amongst the mixed gold l in tho four bags, into ono of which tho gold sola by * Sullivan had been put, there had been fouud nuggots j> which had belonged to Mathieu. *

li The .Tri)f!i: lierc stated that there was only one c other witne.-o for tho prosecution (Daniol Coupcr) on his liht to bo examined, i Mr. ll_itT9-iU that the prosecution had given up r the intention of examining this witness. i The Judge: Do you, Burgees, Kelly, and Levy, ; wish to have thi_ vritise*4 examined ? Burgess: No, your Honour. Kelly : Xo, what should I want him examined for? Mr. ILirt then said that there would bo two more witness-ess forthcoming for the prosecution, but he was not prepared at oneo to undertake their examination. Tho Judge asked whether, if tho Court adjourned for a short time, lie would feel prepared to do co ? Mr, Hart thought not, and the Court was adjourned i i until Monday, at 9 a.m. i ■ FIFTH DAY, ' Monday, Septejibeb 17. Mr. Shallcrass was recalled, and tlie following . question waa put to him by the Court: at the request of Mr. Pitt:— The Judge: Had Sullivan given you information ias to tho quantity of gold sold at the banks) before the bank clerks' evidence was given before 'the Resident Magistrate's Court, and before any previous communication respecting tho amount of goJd sold, had been made to Sullivan? Mr. Sjiallcrass: Sulhran had given me information as to tho exact amount of gold he had sold -himself, before the evidence of the bank clerks was given, and before 1 had said anything to him on the subject. He gave the information at different times. The first time ho told me was about the 2Sth June. I had made application to the banks for gold before this time, but I do not think 1 received any information respecting gold at that timo from tho banks. Burgess said: I-wish your Honour, to ask Mr. Shallcraus a question, not on this matter. I wish to know whether ho has satisfied himself if he can put his head through the aperture in tlie cell door ? The question was put through tho Judge. Witness : I can do bo now your Honour. Burgess has shown mo how. There are several persons in Court, who tried and could not succeed, because they did not know tho way. Henry Dwycr, being sworn, said: I keep an accommodation house six or seven miles up the Maitai river. I have examined the upper side of the road to the Maungatapu between my house and the river. The Judge :It appears to me that in taking this evidence you are attempting to rebut mere assumptions of facts which have not been proved. It is speculating on the truth of ono of tho prisoner's statements, not borne out by evidence. Burgess, do you object to this evidence beiug taken? Burgess.: No, your Honour. The Judge :Do you, Kelly ? Kelly: No; I don't know how the witness has come here ; whether he has been subpoenaed or told what he is to say. The Judge : The evidence is perfectly useless, I believe. One of the prisoners has consistently crossexamined all the witnesses for tho prosecution in the endeavour to elicit certain evidence and has failed, and it is to rebut this assumed evidence that the witness is being examined. You have a right, however, Burgess and Kelly, to cross-examine the witness now that he has been subpoenaed. Burgess and Kelly both were unwilling to ask any questions. This closed tho evidenco for the prosecution. In answer to questions from the Judge, Burgess and Kelly said that they intended to call witnesses; and Mr. Pitt intimated he should do so on behalf of Levy. . • Tho Judge said that as ho understood the late Act, the course to be followed must be, that A should first open his caso and state what ho intended'to prove, and then B nnd C should do the same. Then A should produce witnesses, and B and C follow with ' theirs. Thereafter A would sum up, and B and C : do uiu o_i_o iv rot,_t;<>«, n ]] boinft --♦■'tl-^1 <•« \ discuss tho evidenco on both sides, and after that the < prosecution replies on tho wholo case. Tho Judge then said : Burgess, tho timo has now arrived when you can stato to the Court what you intend to prove in defenco, and by what ' witnesses. ] Burgc33: Gentlemen of the Jury, you havo ' heard the statement of tho approver, Sullivan, in which he says that ho had no other illicit cause, for < waking his confession, than to bring,nie to justice. Now, I shall show to you by tho witnesses that I shall call, that his conduct was entirely otherwise ; and 2 that instead of wishing to have any of us arrested, ho wished to escape himself and for mo to escape also. '■ I shall not say much now, as in my general defence I intend enacting before you this fearful tragedy over ' again, to take you as it were to the very places where these terrible desds were committed, and to show * The Judge: Burgess, 1 may as well tell you at oneo that I shall not allow you to do this. I shall l not permit you—either for the purpose of gratifying your own vain glory, or, to take it, in your own J phrase, for what you call the " furtherance of the J ends of justice," to state any fact, which is not given c in evidence, or any supposed fact of which you do * not intend to produce evidence. If I were to permit i anything of the kind, I should be violating the strict rules of evidence. You cannot give evidenco for yourself in that position ; and oven if your course is r not checked by. counsel on tho opposite sido, I must D interpose at somo time. I havo hitherto given you * ample latitude, more I believe than I havo been justi- t fled iv doing ; yet as you are undefended by counsel * I have permitted that latitude ; but I cannot allow x you to abuse the privilege you havo had, nor abuse ' tho forms and established principles of an English v trial, for vague purposes of your own. You must r not say, in now addressing the Jury, anything except T what has been proved in evidence, or what you intend D to prove by your own witnesses. I givo you this 8 warning, and shall allow you to go on, but shall stop s jrou when I think you are merely abusing the forms ° 3fju»tice. * Burgess then continued: Tho witnesses I shall v produce will be merely iutonded to prove that Sullivan 8 iesired t. escape and not, as he lias said, to assist justice, but really to evade it. But, your Honour, 1 im not accustomed to prepare cases for defence, and therefore I shall not address you further, but shall, is I havo said, produce witnesses to show that Sulli- h ran merely wished to escape .as well as myself after the commission of these fearful crimes. Kelly next addressed tho Court. He said : I wish to jail witnesses, gentlemen of the jury and your c Honour, iv order to prove that what has been stated n by the man Sullivan against me is false ; and I wish 8 to call the landlady ofthe house I was living at to show tt that these things ho has stated are false, ; as I am °" m innocent man, and did not kill any body, and was c aot with them when thoy were killed, and also to h show tbat what Sullivan has said about mo ia false. Tho Judge: Well ? ". '. c Kelly: am I to make rcy defence just now your Honour? I Tho Judge: You have now an opportunity of ° itating the particuhirs of the case you intend to set :tp as your defence ; and all such particulars. as you ° intend to prove by evidenco you can refer to in this CJ statement. You-will havo another opportunity of iddressing the jury ; and if you havo anything more ;o say regarding what you mean to prove now is your :ime to say it before calling witnesses.. Kelly : I don't wish to say any more. I Mr. Pitt (counsel for the prisoner Levy), said that C .n. opening the case for the prisoner, in whoso defence *1 io was concerned, his remarks at present would be 7 *iveu more as a matter of form; and ho might as veil tell the jury at oneo that ho intended to rest his a: lefence mainly on the shortcomings of the case for he prosecution; and when next he addressed tho ury, at tho close of tho evidence for the defeucc, he ° hould make somo remarks on the evidence adduced md how far it applied to the parties charged with the nurder of Felix Mathieu, and how far their conduct se s or is not consistent with complicity, on such * : charge. Mr. Hart, iv hia opening address, p( md stated that he would: call lnumerous t\'it- tt lesscs who would be produced and examined not for f" ho pnrposo of establishing very material, points, 0 i >ut ■to add a variety of incidents which when tb akeu together would, he said, give, woight. to ■ vidence for the prosecution as well aa allow ho prisoners tho : means of controverting any

part of it in cmss-cxasniiiation or otherwise, 11 would bo impossible for him (JFr. Pitt) to prove mi ] alibi on behalf of Iho prisoner Levy, a3 no-evidence ! hud been adduced to show that he was connected with tho murder at, the time of its commission. And fiierc had been no evidence whatever to show thai the prisoner was on tho road that day; for Mr. Galloway, of Pieton, was the last on the road who saw them the previous day and they were never seen by ) the other persons who pis3cd through afterward? i There was no evidence to show that they werj on the , road that day. With regard to Sullivan lie woulJ produce evidence respecting the state of his clothes He should call Mrs. Dickens, a washerwoman,':to whom Sullivan sent articles of clotliing to bo washed; he should prove that these articles were different ones from those produced, and that Bho observed on the trowßersgiventohermarkaofavcrysuspiciouscharacter. There wore also several articles shown to a medical man, and which articles wore found among Sullivan's things, and these were given to a medical man by the police. This witness rrould prove that on those articles, which wore subjected to a scientific examination, were found stains of a very suspicious nature. Why ho had not beon produced on tho part of tho Crown, he (Mr. Pi It) could not pretend to say. The medical evidence that had boon brought by the Crown, respecting tho case of tho death of Felix Mathidti, he should endeavour to show was not to bo depended on. . The Judge : Unless for the purpose of controverting tho evidence of somo of tho witnesses, tho causo of death is unimportant. Mr. Pitt said that ho would adduce the witness for that purpose, and to show that tho appearance oi Mathieu'B body was not inconsistanfc with death from natural causes. The Crown ovidonce wns not certain as to the causo of death ; and ho (Mr. iJitt) would trust if ho could so prove tho inaccuracy of tho medical testimony offered, it would go so far as to weaken tho case for the Crown. Ho should add here, that several witnesses had boon subpecnaed for tho prisoner Levy, from the West Coast, but he feared they were not in attendance, and therefore could not be produced. That however, was no fault of the prosecution, and as they wero not in attendance, ho would proceed first to call the evidence of the woman who washed Sulliran'a clothes. EVIDENCE FOE, THE DEFENCE. Bartholomew Jf urpby, being sworn, and examined by I3urgesa, said : I am a constable residing in Nelson. I remember the evening of the 19th Juno. That was on a Tuesday. I was on duty in Bridgestreet that evening. I was there for the specific purpose of arresting you. I saw you about eight o'clock in the evening. I rather suspected, from your conduct, that you suspected me to bo a constable. I followed you till I came to Mr. Edwards's store. I then crossed tho road. I spoke to some one there. I should know him again. It was the man Sullivan, and I asked him to deliver a message for mo. I asked him if he would be good enough to call at Porcelli's Oyster Saloon, and tell the Italian to come to me, as I wished him to sec a man 1 was looking after. He did not go. I was watching him down the street. He passed the door on the opposite side of the street without calling. I afterwards saw him again after your arrest. I arrested him and charged him on suspicion of murder. I afterwards said to him, " You did not deliver that message I sent by you." I do not remember that he offered any reason for'not having done so. , His Hoxouit said: I suppose, Mr. Hart, that in the case of ono of tho prisoners examining witnesses they can likewise be examined by the others, if they choose to adopt them as their own also. There are certainly .more niceties cropping out in this case than probably were ever before seen. Neither Kelly nor Mr. Pitt, on behalf of Levy, asltcd any questions of this witness. Thomas Newton, being sworn, said : I am a livery stable-keeper, residing in Hardy-street, -Nelson. I remember Tuesday,.l9th June.*, X remember letting a horse of mine to a stranger that day. It was let out by my man, nor- Dy rnyseir. I »w »t Uumo when the horse was returned. Burgess : Who was it returned the horße ? Witness : You did. I said at tho time that you were not the person who hired it. You also said that you would require two fresh horses in the morning, and I promised to supply you with them. Stephen Hopgood was next called by Burgess, but did not answer. Tho Judge :, Has this witness been subpoonaed ? Burgess: I requested that he might be subpeenaed, your llonoar. 1 wrote to Mr. Adams about it. The Judge : Has the prisoner applied to you, Mr. Sharp, to subpoena Mr. Hopgood ? Mr. Shabp : No, your Honour. Mrs. Hopgood ha 3 been subpoenaed, but not Stephen Hopgood. Burgess : I wrote to Mr. Adams, asking him to subpoena several witnesses for my defence. Mr. Adams said he had sent the letter to Mr. Sharp. The Jtfdge : Then let it not bo said that, through the fault of any professional man or officer, complete justice was not done to the prisoner. Let an officer at once take a carriage out to Mr. Hopgood, and return with him. In the meantime, as Mrs. Hopgood has been subpeenaed, will you examine her, Burgess ? Burgess: Yes, your Honour. JaneHopgood,beingswornandesamined,said: I do not remember the 19th of June particularly. I reside at the toll-bar, on the Waimea-road. I remember tho circumstanco of two horsemen riding by about the time that the men were missing on the Maungatapu. The two stopped at the toll-gate, but I. could not identify them. I cannot identify you (Burgess) as being ono of them;. nor any of the prisoners. Ido not remember what particular day this was on. I recollect, asking the men the question whether the poor miissing men had been found, and one of the men said, " Oh, it might all blow off like a bottle of smoke;- they might have passed through Nelson some other way." ; After tho men had, gone on, some officers of police passed by. They made inquiries at the toll-gate respecting those who had passed that way. I cannot remember calling to the horsemen to stop as ithey went by. This witness was not pross-oxamined. Margaret Cundy, being sworn, and examined by Burgess, said: I am the landlady of the Turf Inn, Waimea-road. I do not remember the 19th June last; that is, Ido not remember upon which day of the week it fell. I remember hearing about the men who were missing on the Maungatapuroad. I don't know Mr. Potter's grey pony. I never remember engaging in a conversation with anyone about the missing men. I never remember seeing you (Burgess) at the Turf Inn. I recollect a sale at Richmond, at Mr. Disher's, taking place. That was on a Tuesday. Ido not recollect Mr. or Mrs. Potter having called at the Turf Inn that day. I can't remember having seen Sullivan before. No questions were asked of this witness by Kelly or Mr. Pitt. '•■.... Ann Ityan, sworn and examined by Burgess, said : I keep the Plough Inn, Waimea Road. I remember on that day two horsemen coming to my house. You (Burgess) wero ono. I cannot recognise the Dther amongst the prisoners or those in court. You :ame up to tho house first. Tho other came up within an hour afterwards. Burgess : Did you see them make their exit ? Witness : No, I did not. Henry Adams, being sworn, nnd examined by i3urgesß, said : I am a barrister and solicitor for this 2ourt, and am acting in this case as solicitor for ho Crown. I remember receiving two letters from ■ou. The Judge : I cannot sco that this is admissible .3 evidence. Burgess : Will you produce the letters ? The letters were both produced and read by Mr. sharp. Tho first wns as follows : — To 31b. Adaiis. Rebpkcced Siii—l humbly request of you to interest your:lf in Beeing ma furnished with a full (;opy of the prisoner uuhran's evidenco which ho tendered on my behulf in tho case f the camp robbery at Hokitika. Believingyou to bo the procr person to whom Buch n request should be niade I have, lercfoi'e, intruded niyselfon your public services to see me lrnished with thfi above. I also require tho name of the individual whom ho gave in barjjo for robbing him of hnlf a sovereign, and tho nature of ib charge be preferred, in fact, the chargo itself. Furthermore, I request aubpecnas served to the foUowinfj perms :— To Mrs. Cundy, Turf Hotel, Waimoa-road. To 3lra. E/aßy Plough Inty ditto.

To Mr. Stephen Hopgood, Turnpike-keeper, ditto. To Mt*. Thomas' Revy ton, Livcrystob'.c-kcepcr, Hardy-street Trusting these requests meet your approbation, i I remain your humble servant, ;■ " KICKABD BUBGESS. !, i'daon Gaol, Jlon&ivy, August 27, ISOB. j i To Mr. ■Apisss. I Eesmxted Sir—l forgot to mention in my jircrious request: ! for your official aid and furtherance, ono item of importance t< I the carrying out of notice to all concerned, so X have tnken th< i liberty of again intruding myself on you, to see'lhat my nppli cittion to you is attended to, it is this : If you remember, Sulli vun stated the balls wo had: with us, and some of wheih. wen drawn from the gun he threw away, were stolen from the Grey no uuchthiug, they wore purchased. Now I wish th«t yot telegraph the atith'oritios at the Grey, and cause them to makt inquiry nt Mr. ITelier'a shooting gallery, next door the Stai Hotel, whether he remembers the night of Friday, the* Ist o June, selling live shillings' worth of balls to anyone on thesami night, the ramrod was priced. With this being sent through th< Government it will bo sufficient proof, without issuing Rtibpcrarv for their attendance. Koto tlie address, Mr. Eii llelicr, non tho Star Hotel. .' I remain, Your ever obliged and humble servant, i itICHAKD BI7BG2SS. ! Kelson Gaol, Saturday uight, i September 1, ISGO. - [ Burgees: May 1 usk whether the requests hav< been attended to ? Tho Judge: Why should Mr. Adams do youi lawyer's business for you ? Mr. Adajis : I told Mr. Sharp when I receivec the letters. Mr. Shakp : I telegraphed down to Holritika, anc have since been supplied with a copy of tho evidence given by Sullivan at the examination before the Re sident Magistrate there, concerning the robbery o: rovolvora lrom tho camp. Mr. Sharp, being sworn, und examined by Burgess said : I received your letters. Burgess : Did you act upon them ? Mr. Siiabp : Yes, and have received the evidence asked in the first letter. Burgess: And what did you do with respect to 'the second letter ? Mr, Siiakp : I don't recollect receiving tho second letter, but Mr. Shallcrass. was commissioned to maki all inquiries when ho went down to the West Coast, [The evidence asked was hero handed to Burgess in tho dock.] On Kelly being asked to produce his witnesucs, he called Mary Carter, who, being sworn, said: I am the wife of Robert Carter, who keeps tho Lord Nelson Hotel. I remember you stopping iv my house. I recollect Sullivan coming there every day after you came. I remember your sitting in the room behind the bar repeatedly with him. I never saw Sullivan, on ono of theao occasions, take a purse out oi his pocket and place bank notes on the table. 1 have never read tho evidence given by my husband on cross-examination at this trial. I believe you went by the name of Kelly, and I think Sullivan called you Tommy. You went by the name ol Kelly, but I cannot say who told me that was youi name. I never saw you tear a leaf out of youi' pocket-book on Suudaj' evening. Muria M'Eachen, being sworn, said: Thei last time I saw Sullivan, provious to his arrest, was on Tuesday evening. He never has como to my mother's place since- with a consfablc. I remember his bringing you to our house on the Friday evening before tho arrest. Ho said you wero a school-fellow of his. Kelly : I have no more witnesses your Honour. Mr. Pitt then called Susan Dickens, who, being sworn, said: lama laundress'residing in Kelson. I know a man named Sullivan. I see him in Court now. I did some washing for him on tho Thursday before his arrest: a pair of cloth trowsera, a pocket handkerchief, a black silk handkerchief, and a pair of collars : these wero tho tilings I waßhed. They wero very dirty. There was a stain on tho bottom of tho right leg of the trowsers, which was very hard to remove. It seemed like a stain-of port wine. I put them to soak for twenty-four hours, and I rubbed them hard. I returned them to Sullivan himself at Mr. Owen's, and he paid me for the washiDg. I did not mention oWot.vi,*. to t,;™, hut-, t rliri to tho Dolice afterwards. Samuel Athanasius Cusack, being sworn, said : 1 am Bachelor of Medicine, and Fellow of the Royal College of Surgeons. Mr. Pitt : I want your opinion as to whether it is possible to discover the difference between a wound inflicted before and after' death. The Judge : According to my knowledge of medical jurisprudence, the proper course to follow is to ask a definite question relating to tho case in point. Did you hear tho evidence of Drs. Vickerman and Cotterell? Witness : Yes, I did. Mr. Pitt : Then you recollect what was said about tho bullet. Dr. Cotterell spoke of death being caused by hemorrhage. Can you state whether this is correct or not ? Witness: My opinion would depend on tho coagulation of the blood at the wound. The Judge : It is distinctly sworn that tho pistol bullet would cause almost instantaneous death. Mr. Pitt : It is the correctness of this I want to prove, your Honour. Would there bo any difference, Dr. Cusack, in the appearance of tho blood caused by a pistol shot before, aud blood from a similar wound after death ? Dr. Cuaack: Yes, both as regards the quantity and condition of tho blood estravasated. Mr. Pitt : What condition would the blood be in were tho wound inflicted during life ? Dr. Cuiiaek: I should expect to find a large quan-1 tity of coagulated blood. Mr. Pitt : What would be tho condition were the wound made after death ? Witness: There would not be so much blood, and it would riot£be coagulated. Mr. Pitt : Have you made a scientific examination on any articles lately ? Witness: Yes, on a shirt, and a piece of canvas. The Judge : On what day did you examine the shirt ? , " , Witness : T believo tho date of the examination is marked on the shirt. - A piece of sacking was here produced. Witness : This piece I cut off a bag received from Mr. Shallrass. - Mr. Pitt : How did you prosecute tho examination ? " * ' Witness: I examined it by treating it in the usual manner through a microscopo. It was dry, but I moistened it in a solution of glycerine 5 and I then detected the blood of a mammalian animal upon it, but it is not possible to say whether it is human blood or not. '■ . The Judge : Were the blood marks such as to euable you to form an opinion of the time which they had been on the stuff? \ Witness: No. I could not even form an approximate opinion as to this. It might have been a week and it might have been n. year. Mr. Pitx : Did you examine the shirt in the same manner ? Witness: Yes. The Judge : Did you cut a piece off it? Witness: I drew some threads from it, which were sufficient for tho piirpose. The Judge : From what part did you draw them ? Witness : From the shoulder. Mr. Pitt : With what result? Witness : I found blood, but it looked as though it had been wiped on the shirt. On the sacking it appeared to have dropped. I wrote to Mr. Sharp respecting the examination I had made. Mr. Shallcrase, recalled : The shirt is the same as brought down-by Marten from the Maungatapu, and I got the canvas from Sullivan's swag. The Judge, to Dr.Cusack: You did not see tho body of Felix Mathieu yourself? Witness : No. I did not. The Judge : Then will you be good enough to listen whilst I read tho evidence given by Dr6. "Vickerman and Cotterell. His Honour then read the evidence relating to the wounds on Mathieu's body from his own notes. ' Tho Judge : Do you agree with that ? 1 Witness : Such a wound would be likely to cause disath, but it might not be immediate." I cannot sc.y whether the. wounds were-inflicted when the body was alive or dead. Mr. Pits said he had two other witnesses to call respecting the vcssolo lying in port on. the 14th of June last.

Henry.(Houston, being sworn, said: I..am...the acting gaoler in Nelson. I recollect that tl:o prisoner Levy first came under my charge on the 2Gth of June last, and his being visited byrSlr. Isaacs on the 27tli. Mr. Isaacs is a Jewish Rabbi. Ho had no placard with him that: I am or was awaro of. I was notpresent during any conversation between Lory and him, Saundcrs was. Mr. Pirr: Yesterday X understood Captain Clouston to say that he was present. Captain Clouston: No, I said that I had spoken to Mr. Isaacs afterwards. Stephen Lambert, being sworn, and examined by Mr. Pitt, said :lam a storeman in Nelson. I -was, on the 14th of June last, a wharfinger for Mr. Akcrsten. I know at which wharf the Wallaby-lay. The Albion Wharf is 300 or 400 yards from Akerstcn's Wharf. I recollect there were cuttings in the cliff close to the road. The vessel lying atMr. Akersten's wharf was the barque Chance ;no ,other vessel was lying there. I cannot say what vessels might have been at Levick's wharf. , Robert Georgo Gibbons, being sworn, and examined by Mr. Pitt, said : I am a wharfinger at tho Government Wharf, about 250 feet from tho Albion Wharf. The latter is farther, down than the Government Wharf. Akcrstcn's wharf is beyond. Tho barque Konigin Augusta, schooners Mary Ann, and Aborigine, were lying at the wharf on the 14th June. I do not know what vessels were lying at Levick's wharf. Jonathan Levick, being sworn, and examined by Mr. Pitt, said : I am a wharfinger at the Albion Wharf. I cannot say from memory what vessels were lying on the 14th of June last, at tho Albion Wharf, but I keep a book, in which' I made entries on the day in question. [Book produced/] I did not do so unless thero were vessels lying alongside the wharf, discharging cargo. [Referring to b00k.3 The Kennedy was alongsido on tho 14th. I cannot say what vessels were alongsido tho.other wharves. Stephen Hopgood (one of Burgess's witnesses, having been brought into Court, was then sworn and examined by Burgess. Burgess : You keep tho toll-bar on the Waimcaroad, do you not ? Witness : Yes. Burgess : Do you recollect the 19th Juno last? Witness : I don't recollect anything particular on that day. Burgess : Do you remember the apprehension of a man on Monday night, on suspicion ibr the Maungatapu murders ? Witness : Yes, I recollect hearing of it. Burgess :Do you remember thero being a sale at Disher's Hotel, at Richmond ? Witness: I recollect thero being a sale, but on what day I cannot say. Burgess: Do you not recollect seeing Mr. Potter on the day of the sale ? Witness: Yes, he passed by, I believe, that day. Burgess : Do you remember two men stopping and talking to you at the toll-bar ? Witness : Yes, I do. Burgess: Do you remember if one was riding a cream-coloured pony of Mr. Potter's? Witness : I often notice a cream-coloured gelding going through the gate. Burgess: Was one of the men riding that? Witness :So many different horses pass through during the day, that I don't take particular notice of them. You were one of tho men and Sullivan was another. I should know him anywhere. My mother said that it was a dreadful affair, tho loss of these men, and Sullivan answered, "Yes, if they havo been murdered, but they might have passed through Nelsou another way, and so the whole thing might end in a bottle of smoke." You were at the time this was said standing by, looking at nothing or tho gate-post. The police passed by shortty after you were gone. They spoke to me, and asked if I had seen one man go by, and I told them I had. Had they asked me if two had passed tho gate, I should have told them that you and Sullivan had gone through. A German had passed along tho road by himself, The Judge: This evidence is in no way contradictory to Sullivan's. It is a difficult, question what latitude can bo allowed a prisoner. But these questions about the movements of tho police aro totally irrelevant. Burgess said lie had no further questidns to put. Mr. Pitt stated that a list of the witnesses whom ho had intended calling had been given to Mr. Sharp ; their names were Banner, M'Beth, DoddyMeade, Levy, and Isaacs. Burgess said ho had omitted a witness whom ho should like to examine. The Judge : Then by all means call him. Leonardi Porcelli, being sworn, said : I remember the. night you (Burgess; and Levy came to my brother's house, the Oyster Saloon in Bridge-street. It was on a Wednesday night. I remember having breakfast with you on Thursday morning. Afterwards I went to port. This was about ten o'clock. I did not see you on tho road between my house and the port; you did not walk part of the way to port with me. lam certain you did not; you are .mistaken. Burgess : Did you not go to port to clean oysters on that day ? The Judge : Have you an oyster-bed at the port ? Witness : Yes. Burgess: What had you in your hands on that day as you went down ? Witness: Nothing. Burgess : Not a rowlock of a boat ? Witness: No, nothing. Agenor Dupuis, being sworn, said :lam a Frenchman, and a hairdresser, residing in Nelson. Kelly :Do you remember the Sergeant of Police telling you about the missing men being shot ? Witness : I think I recollect some such conversation taking place. It took place on the Tuesday. After Levy was arrested, I do not recollect saying anything to a person who came to bo shampooed in ihe morning. This concluded tho evidence. ' The Judge : Now, Burgess, it is your turn to adIress tho jury in your defence; but, before you iommence, I have to remind you what you have a •ight to say, and what you have not. You can make my comments on tho evidence taken for the prosesutiou that .you think fit, but you havo no right to ;o further than the facts relating to the murder of ilathicu, so far as you yourself are concerned, and ro\i have no right to make any allusions whatever vhich may tend, on the one hand, to criminate the msoners, or, on the other, to exculpate them of this »r any other charge which is preferred against them. BURGESS'S ADDRESS TO THE JURY. Burgess then addressed the jury at considerable ength, and went over very nearly the same narraion as he made before the Resident Magistrate fhen ho made his confession. He said to the jury hat they were already in possession of his guilty onfession, which he had no doubt they had seen hrough the press, and thereforo they knew of his lood-guiltiness in killing theso men. ;He said I hall now unfold fully The Judgk objected to this course, as ho said coniderablo mischief might result from it. Mr. Haet was understood to say that he did not are to offer objection. The Judge said that Mr. Hart could ask fora erdicfc of guilty to be placed as the record, and squest the jury to commit on Burgess's own con- , jssion made in the Court. His Honour thought it most extraordinary proceeding that a man , lould plead ' not guilty, and then tell the . burt and tho jury that; he is ; guilty. ( [0 did not desire to stop the prisoner, but he 1 jam warned Burgess that anything he might say ] at of a wretched vainglory, that did not concern < le evidence," he should tell the Jury to pay not tho • ightest attention.to. »_ _ 1 Burgess proceeded to say that • his object in dis- [ osirig his own. blood-guiltiness was that the guilt of f mother should not cause an innocentman to suffer. I ] and here, hi? said, an actual murderer, and I state f tis, not from vainglory, as his Honour has said, but t ;causeX wish to clear the innocent men who are ( icused of the murders which I and the villain Sol- ( can, committed. My lifo foryears has been a guilty , ie; and although I have lived without God in. the ( orld, I would yefc "save innocent life.; I • know it ] Ell do mo flO goody but I feel bound to mako a full ,

confession. I hare already told you—at least it 'has been published—that Sullivan and I stuck up and i killed these men, and that I am the murderer. I stand before you an execrable being, ono who has destroyed the image of his Maker. I loatho myself when I think of my misdeeds, and thereforo I ! wish now to make what reparation I can. | In that confession which I mado before the I Magistrate's Court, I declared that the prisoner Sullivan was my confederate. Sullivan, in his guilty statement, declared that he made it for the benefit of society ; yet the shirt and pun which ho hid— the shirt as I said being foul with tho blood of Mathicu—proved his guilt. Previous to making that statement he knew that the horse, the gun, and the shirt had been found, and that tho bodies also would bo found ; so, just before the bubble was to burst abovo him, he, to endeavour to free himself, accuses innocent men, and steps into the witnessbos, and stands before you a very fiend. If I use strong language and imputations, I hope you will excuse me, for no expression can bo too strong for such a criminal as he. I should not have cared for his confession against me, for my own life is forfeited, as I am tho principal agent in this terrible tragedy, and tho principal in tho guilt; but so is he. Gentlemen you have a very responsible and serious duty to .perform, and my statement is not a vain-glorious one, for I know my" name shall be remembered hereafter amidst tho execrations of my fellow-men ; but it:is my intention to aid you to soe through this mysterious case, for there is a mystery in it, and during all my wicked life I never saw a greater or more mysterious cuse. Burgess i then proceeded to describe how he had met Sulliran at tho West Coast; (heir card playing together % Sullivan accusing a man of robbing" him of a half sovereign, striking him in tho face, and then giving him in charge of tho police. He thought this strango as, on being introduced to Sullivan by Kelly, a Masonic sign was passed between them, which implied that they were brothers, and it was not tho habit of wicked persons like us to give each other into custody—wo loathe such conduct. On meeting Sullivan afterwards, Burgess and him exchanged confidences by giving accounts of their respective careers during a period of nearly twenty-six years of crime, and if he (Burgcsa) were to tell tho jury all that Sullivan then told him, it would shook them as a dreadful career of crime. He then narrated how ho had asked Sullivan to go to the- Arahaura river, along with .Kelly to put up Mr. Parr, where they would get two or threo " sentries"—meaning two or three hundred pounds—and he affirmed that Sullivan had said there waß gold to bo got at the West Coast, and thaft lie would have some of it, and was as ready to do anything to obtain it as Burgess himsalf. He (Burgess) and Kelly generally acted as strangers to each other, as, having lately had three and a-half years' sentence together, they wero too well known, and always tried to deceive "the police. He (Burgess) told Sullivan about tho bank robbery at Okarita, which Burgess had beon himself to visit, and had seen the unprotected nature of tho place, which would be very easily robbed. Meantime we were to go to Ross, and rob Mr. Kerr, banker, there. Sullivan agreed at once, and wo walked at night, so as not to be seen during the day. Mr. Kerr used to go alone every Sunday to Donaghuo's, and they were to put him up. Of course (said Burgess) our intentions wero very wicked, for, had wo caught him, wo should have killed him. We took our positions, Sullivan in front, as usual. But, as there had beon a robbery before this, they camo armed, and Sullivan, from his spot, gave me the " office," that Mr. Kerr was not alone, but that four or five men wero with him, and so they wero allowed to pass, and wo returned to Hokitika. As I have already said, wo intended to rob the bank at Okarita, and wanted troopers' clothes. I stolo the clothes. Burgess then described the method by which the two revolver cases were apparently found in the sand by a man named Chamberlain who, Burgess said, was taken by him across there, as if by accident, and took them from tho spot where ho had previously hidden them; and he (Burgess) took possession of them, and told him to look about for men, so that ho might leave a trace or probability of finding. He went into an old lady's house, where he was in tho habit of spending the evening, and hid tho cases under the sofa mattrass. Afterwards ho intended to go and rob a Mr. Brown, a gold surveyor at Teromakau, and Sullivan agreed to go too. They wero to meet at the wreok of -the Montczunia. That night he went homo a little intoxicated. Tho fact being, gentlemen (said Burgoes), that I had been to a champagno supper that very evening. About two o'clock in tho morning, a knocking camo to the door, and tho police came in, furnished with a search warrant, and I was apprehended on charge of robbing tho camp. My legal agent told mo that a man named Sullivan was togivoevidenccin my favour, am] liccamo and took the Bible in his hand and swore tbat ho saw the man Chamborlain pick up tho revolver cases and gavo them to me. This resulted in nvf acquittal; but I found it necessary to leave Ilokitika, and my career there was ended. The truth was, gentlemen, I had cultivated the acquaintance of a respectable man in Hokitika, who never suspected that Burgess was what ho was. Meanwhile Kelly, who had been to tho Grey, had returned to Hokitika to seek for me, and I went to the Grey. On arriving there, in consequence of Inspector James having been taken to see me at Hokitika, I crossed over to Cobdon, was not to be seen during the day, and at night I returned to Greymouth, whore I found Kelly and Sullivan. Kelly had drunk and disfigured his face, and then ho went away for some time up the river. I had proposed to go the next Sunday, and stick up Mr. Wilkie, of Cobden. I had. received information that could bo depended on, that Mr. Wilkie went every Sunday a distance of four miles down the North Beach to get gold; and upon that I sent my informant to fetch Kelly, but lie came back and told-mo that Kelly was not there, but that Sullivan would come. About four o'clock was the time that I was told Mr. Wilkie. passed along the road, and Sullivan and I went and waited for him till nearly six, when, judging that ho had pasßed another way, wo returned to Cobden. I told Sullivan that I wanted him to go to Maori Gully to look after Mr. Fox, a gold-buyer. [Burgess here repeated that part of his confession in which he charged Sullivan with the murder of Mr. Dobson, in mistake for Fox, and affirmed that Wilson, who is in gaol at tho West Coast on tho charge, was innocent of it.] Meanwhile, he (Burgess) had laid a plan to rob a bank at the Buller, and had Bent to Hokitika for Levy to come up to the Grey, as ho would assist them in getting rid of tho notes. Another attempt was to bo made on Fox. He carried about £1,500 or £2,000 ; and they went out to intercept Fox and Maloy, another gold-broker. But somehow tho police had heard of this, so that they were accompanied by a force of seven or eight men. There is a flat at the spot, across which we could sco for c distance of two miles. One of our party remained behind, and they were let pass on account of their strong numbers, and we returned to tho Grey. At that time our arms were done up in.an ordinary swag. The house we were staying at was visited by a sergeant of police in plain clothes, who asked who wehad in the house and wanted to examine us all. He asked me what I was doing there, and the Inspector said that if I did not leave the Grey river in forty-eight hours ho would caricature me in the Grey papers. Wo then remained a few. days, during which the arms were sent down to the beach. We sailed in the Wallaby from the Grey, and finding that our surmises'with regard to the Buller were incorrect, we decided to go on by the Wallaby to Kelson. Accordingly we went in her, and arrived in Nelson on the Gth. On Thursday, wo proceeded on tho road towards the Wakamarina, and at: the Pclorus Bridge we took up our position for the night. On Saturday morning wo journeyed on towards Canvas Town; -where we arrived just before dark, and wo wsvo accommodated by Mr. Jcrvis with an empty houso. ..From hero Levy started for Deep Creek, not for any illicit purpose, but merely to look around. In ; a conversation with Mr. Jervis, ho referred to the condition of Hareloct being nearly as delapidated as that of Canvas Town. On tho Monday morning, we got up early and put our swags into shape and cleaned our guns and pißtols, and I sharpened our knives, but did not load the arms. .Sullivan took tho long knife which, ho had taken from tho cook of: tho Wallaby, -saying, with this lam a perfect battery of defence. Lerf

relumed on thu Sunday, a:id brought is. piper whirl hud K>inu iiiforudtiun* about the h:ui\: a!. Fi'-lon 21'? *:iid Ik: h.-(d ni'jt fouiv y.r>\i\-: he l:»ew at D^-r Cr.Ji.-!;, amon-^Ht iv!u>:i» iw i<".:!ix Muthtcu, ".he; unfurl u;mtc subject of thn triiil. Flo Hiitl several o: them were- going to flu,l \Vi'=t Cori't ; lllut oti'S was t; p!ori;fc(!«pcr and the other is publican. I tokl I/iijt J filtouM intercept tJn-ui t.nd jul ihrm ■ up. K«h said, Whnt ii tin.- object of doijjg that win:) v.c e:iis:e fur :v (tilf-.-rcnt purpo«-.- ? I ;.:ii;l, win ss tij know but what they li.iVi; gouo to tin. V/uiil Coa.it. "Levy ul&o objected to Hit pi;iu. I accordingly "arranged that Sullivan and myself filtould put the isic-n up. \Vf. liftd intended starting early on TuirHday, but we were delayed or ' account of not having any ti:a or sugar, mid started when Mr. Jcrvia wan up. We then went down t!it river to where wo could jump across from stone tc ftloiit1. A-j we were eroding, Mr. Jcrvis came out, fiiiri I v.ijOied him good-bye ; but he ha* added gonietbinj: which J did not fay. Jam uwuro Hint he lim not said this artfully. JFo has niidc ii mistak?, but or my o:ith I never made u.ic of the expression. Al the IMorua Bridge we met. old Buttle. After ho had ]):i«bcd we went on, Siillivnu talcing thu h-ad. jJLSurgeaswas hereabou f todutn.il the murder of Buttle, when the Judge interrupted htm again, and asked Mr. Hart if he could suggest any way in which the priaoncrcould be prevented continuing li,is statement." His Iloxorn remarked that a British 'tribunal was almost Quixotic in the latitude it gives to prisoners in Buch a case, but there must be a limit somewhere. Ho would allow the statement to be continued, but would warn the jury to efface it entirety from their memory ns evidence cither 0110 way or the other. Burgess then continued : I went on . and, overtalcing Battle, engaged him in conversation. I found ho had boon working for Mr. Wilson. Sullivan said to me, " Did you see his poke?" meaning the bulk ol hid pocket." I. said, "Ho looked more like ft man who \vantod a. loaf, than ono who had gold about him." When we passed the old man, Sullivan said, " I don't like his look, he partly suspscts who we arc. I saw him shift his knife to his other side." I then put paper in the chambers of my revolver, in order to give them the appearance of being loaded. I then caught hold of the old man by the wrist, and ho attempted to defend himself with hid knife, which I then took from him. lie then sat down on the ground, and would go 110 farther. The JviiGE: Have you much more to say, Burgess? Burgess t Oh, yes, your Honour; a great deal.. The Jukok :.'J.'hen I will not allow you to proceed further until I have had time to deliberate on it. I shrill adjourn the Court for Iwlf-un-hour. The Court consequently was adjourned. At the re-assembling of the Court, The Judge said ho would allow Bui-gens to go on. Burgess then miid : I am now about to unfold what has not been disclosed before by man in eueh circumstances. After we had eecured thc> knife from poor old Battle, ho sat down, atid refused to go into the bush. I seized him by the throat as '.lio Bat on the road, and partially strangled him, and he then said, " I'll go, I'll go." So we went into the bush some distance, when ho sat down, and said, " This is far enough." I had told him I would take him into the bush and tie him up, for some one to loose him afterwards. I again enacted what I: have told you, and he got up, and went about 80 or 100 yards into the bush,'and then I choked him. The breath or confined air came bubbling up, as I took ;rny hand away. Sullivan struck him in the abdomen, and then he took the old man's ahovel, and scraped a liulo in the earth, turned him over, and covered him up. We regained the road, Sullivan remarking, " That thin was was 11 nasty job for bo little." After recapitulating what ho said in his confession about camping at Fr.mklyn's Flat, Burgess said Sullivan found fault with my way of strangling Battle, and that he would show hitt plan next. I said I did not know anything about strangling. I have shot a man, ay, gentlemen, two, for this was my triple murder, [lie west detailed the portions of his confession formerly printed, in almost precisely the same language, stating that Sullivan wished to stop Ann Fulton, and, after committing a rape on the woman, to have murdered both.] The four men wore stopped and taken up tho creek, and made to climb up the steep ba3o of tho hill; that they took Dudley some sixty yards away, and strangled him with Sullivan's sash, Sullivan pulling one end, and Burgess tho other. Mr. Kempthorne was delicate, and fatigued, and not able to go farther, and therefore (said Burgess) 1 deputed Sullivan to take De Pontius, and I took Mathicu away to the right. Kempthorne, who had heard the gurgling noise Dudley made as wo strangled him, asked what noise it was, and I told him it was us in getting through the (scrub. I then took Muthicu away, and strapped hisr legs. I had a revolver stuck in my boot, and, after I had strapped his legs, I drew the pistol, and shot him through the breast. [Sensation.] Tho Judgkb :If any of you cannot restrain your feelings, you had better leave tho Court. No one should come here who cannot check such expressions. If there ia any more of this 1 shall clear tho Court. To Burgess :Go on, sir. Burgess : Gentlemen, I then sighted Kempthornc who had rison to his feet on hearing Mathieu cry out, and at thirty yards I fired from sny double barreled gun and shot him through the head behind the right ear. After I did this Sullivan came up, after ho had Bhot Pontius, and I told him he had better look after Mathieu, which he did, and came back and said ho had " chive "' him with tho knife ho stole from on board tho Wallaby. [Burgess then recounted tho other parts of his confession about meeting Kelly and Levy a little distance on this sido of the old chimney, and reaching town.] He said ho intended to keep very retired in his habits, becauso Trimble, ■who keeps tho Masonic Hotel, know him in Otago, and would act the polieo after him. Ho (Burgess) sold gold to tho amount of £70, and Sullivan £100 odd. He (Burgess) did not sell all his gold. Kelly, ho said, did not know that tho men were murdered, and Levy did not even know they wore killed. After Levy's arrest, Burgess and Kelly met at Collingwood bridge, and Burgess asked him to go with him and ho refused. Burgess then said good bye, and Kelly replied, " Oh! don't say good bye, where shall we meet in a month?" Burgess mado answer, "If you don't come now you'll never sco me again. I'll go to California or somewhere else." Burgess then narrated what occurred up to his arrest, and then ho was proceeding to give what he termed a. retrospective view of Sullivan's vile conduct. The Judge said that he should tell the juiy not to givo tho slightest woiglit to anything that Burgess might say that had not appeared on the evidence. He was tho last man in the world whone view the jury would accept, and he almost felt inclined to order a plea of guilty to be entered on the record. Mr. Haut was understood to say that La wished liis Honour to do co. The tTtJDGK said he could hardly say how he should act. He nover was in such a position, and never saw such a case; and, had tho charge not been a capital one, ho should have done something of the kind long before now. There ought to be 11 limit to this kind of thing. Burgeas was allowed to proceed. He isaid that though ho was the most wicked of men, ho wished no ono to suffer but himself, and he boro no ill-will to anyone. He then touched on tho evidence of Sullivan, Gentlemen, you heard mo ask Sullivan why I would not let him go into the bash along with tho men, and you heard him say that ho was my slave ; but he was ft very willing ono. He then said he intended to shoot me, and release the men. Now, tho position ho delegates to Limself was immediately behind my back, and if he had chosen then he could have shot me, with one barrel, and had the other ready to cover tho other two. - Had ho shot me, the law would have protected him. All that h\ but an excuse, and a very poorly clothed ono it ia. Ho knew before ho confessed that the shirt, the gun, and the horse had been found; and he knew that tho horse must be found, from the noxious cinnnc.tiona which its putrid body would Boon produce. The blood on that shirt was tho blood of Mathieu, whom he slabbed while prostrate on the ground. Sullivan, says ho did nol; know until next morning how tho deed was done, and until Levy explained it to him on the ground near tho wharf when they were dividing the gold. It is a most foul and wicked lie. I must tell yoU| gentlemen, that nerev, in my long experience of

twenty ytr.'irs' standing, of men v/ho have committed theft or murder, without enacting over the psrticn- | h.irs of v t:rlnut at the first possible opportunity. It it absurd to say olJierwife. Burgess th-.-n ivent over fhe particular.-! of his proceedings on the d;iy of his ar-L'M, mid noticed the evidence of Mr. Shnlli-ru-i', | i Miut it w.'H qui'e vaiy, when they knew the way, for j j a person to put his head through the aperture of si! j door-cell j Sullivan did tin*, and read the procla- ! motion of reward and pardon lo .in accomplice in I the murder. IJurges-* concluded iiisst:iieirii:iit thus: —It is needles for me to suy that Sullivan's motive was to implicate others and to'secure himself. He is the veritable murderer along with myself. Ido not wi°h to criminate anyone, or to bring anyone else to suffer death. God forbid. I know that I must bulltii' that penalty. I know that I bhall shortly make my exit from this world, and 1 wish to save, the lives of innocent men. And God above, whose ! providence reigns over all, knows that there is a mystery, and He may one day fully discover it. But for me, I have disburdened myself, and have nothing further to disclose, and have cleared myself of tho responsibility of doing my best to save the innocent. God who is above knovra'all. And now, gentlemen, I leave the case to your superior judgment. KELLY'S ADDRESS TO THE JUEY. Ke'ly then addressed the Jury at considerable length, reading from a written paper, which he had prepared beforehand; He said : Your Honour, and Gentlemen of the Jury—l appear before you in the peculiarly unfortunate position in which I am placed, ; without tho benefit of counsel for my defence, my j funds having been dctuincd wherewith I might have procured legal advice and assistance, although none of my money that was taken from me has been sworn to, and which same gives the learned gentleman a | full oppsrtunity of using his legal abilities ngains me. The Jvum: here reminded Kelly that he had asked j him if he wished to get any legal assistance for the j purpose of his defence, and that Kelly, had himself declined, saying he would conduct his own defence. 1 Kelly, after i'nviiig acknowledged that he had taken that course, proceeded with his address to tho jury:—i And now, gentlemen, although tho fearful murders that have taken place wore enough to create the most iutenso anxiety, not only in this town, but also throughout the country generally—though the quiet and peaceful Province of Nelson has been aroused, do not let this cause you to wrong me, because I am a marked man. And, gentlemen, I 'Consider myself blest, in my unfortunate position, in having bo respectable and intelligent a jury to try me as you, gentlemen, are; for this mn»t oxtrnordinary and complicated, trial calls aloud for the like, .-md it requires gentlemen well up in years and of some experience of the world to probe to the core tho foul wound it might inflict, so that it will not bo said, " S.;o how confounding the folly and weakness of the human heart, with direct and actual criminality is, at times," do not lot it bo said, " See how you have suffered the probable or the possible to usurp the place of the inevitably true." Nor do not let it bu said, on account of tho two horrible confessions, that you have been so curried away by passion or by prejudice 119 to convict an innocent man. Nor do not let. it be said, gentlemen, that your judgments are fallible, or your tests weak. And bethink you that all you can do hereafter in atonement tor bo serious an error would never eraao tho terrible brand tlmt would cause guilt to bo stamped upon my name, and distrust at least the promptings that might dispose you to condemn, find say to yourselves, gentlemen, "My good God! Kelly may be an innocent man;" for you have scon, gentlemen, that tho over care and caution of Sullivan has been the eluo that elicited his guilt and my innocence, gentlemen ; for you have heard that he would swear anything he likod, and you have seen that he tas shown himself to bo a man of a lierco, persecuting, abandoned disposition. He has shown that iie bus been in a state of depravity from his very boyhood ; lie has shown that ho has boon schooled at Port Arthur and in wickedness from his boyhood till well up in years. Ho hns shown that he polluted the word of God when ho kissed the sacred book with his perjured lips ; for you have heard that it was only a few weeks before he was arrested that ho deceived the presiding Magistrate at HokHika and a crowded audience ; and, gentlemen, do not let him deceive you. The villain did it to serve his own ends, and you have heard that ho is doing it to servo his own ends now, but do not let him be making a mockery of God's word and a Court of Justieo whenover he likes. To let him do that would bo a sin against God and man, for he has shown himself to be ono who is guilty of blasphemous ways sucfi as. those who aro reprobated to eternal damnation. You heard hiu cruel insinuations; his imputed mcannesß ; his perversion of meaning j and his unworthy bloodthirsty motives, but do not let him spill my blood, for, according to what has been stated at tliis trial, ho has spilt enough already hero. He is only in your country a few weeks, and look at the foul murders he knows nil about. There must be a proneness in the murderer's heart and nature that swells his infamous character till he becomes so enormous a sinner that in some instances ono would actually believe that he would contend against God Almighty himself. I readily believe him to be such, or ho would be afraid of being struck dead in the bos. Look at his kissing the book the othor day, which defeated tho ends of justice and got Burgess acquitted, and caused people to bo tying in the burial ground commingling with dust who would be alive to-day; and you will never bo ablo to banish from your minds tho vindictive persecuting conduct he has displayed at this trial. And, gentlemen, notwithstanding tho ease and confidence the presumptuous offender possesses, he may possibly before morning bo overwhelmed with terror. It is only for God to give him a true sense of his guilt and arouse his conscience, if he has one, to its proper office; and then all his determined courage will forsake him, and his pleasing expectations would be changed to despair, and he would feel such 'noxpressible misery us would bo an awful presage and anticipation of his final destruction. Then, gentlemen, my accuser would bo arraigned, convicted, and confounded. Yes, gentlemen, his pleasing expectations would be changed, and will bo changed, although he put his head out of the door of tho cell ua often as he pleased, and read tho glittering bait and reward, for Mr. Shallcrass saw Burgess with his head out last Sunday afternoon, and took his hat off and put his head iv quite easy on account of being told which way to put it in. Yet Sullivan can stand up in this Court, and, in his bold, braggadocia style, say his head was too big. which caused him to smile at mo for asking him tho question, and called forth laughter from aomo of tho audience, commiugled with indignation. Ho will not have tho question put to him, gontlemen, what part of the world ho would like to go to. No, gentlomen, or he might choose some part of the world whore murder might be unknown, and very likely a foreign land; some part of the world where perhaps tho Go7erntneut of our Mother Country had at the Bamo tirao despatched some ministers .of Christ to preach tho Gospel and spread Christianity amongst tho inhabitants that would be living there. Oh, no, gontlemen, with all his deep cunning, tho destroyer of man will not step a foot upon the shores'of some country at the same time as the minister of religion. God will not allow tho very opposite extremes to take place—one hand to savo, and tho other to destroy. For you have heard, gentlemon, he is one of peculiar infamy, depraved beyond tho common measure of his species in wickedness. Gentlemen, do not let him spill my blood, for he is one you must both blame and condemn. He will not prowl about any longer. Genllomet> ho is one who believed he had nothing to fear in what he would say about me, and ho is one who suggested hia course to pursue, and he is one who has attempted to remove the peril that lays in his way,'and tho pleasing expectations of a reward determined and caused him to take shelter under the pretence of not being an actual murderer. You have heard him acknowledge that ho is guilty of such base cowardice and treachery. You have the power of hearing, and you can believe, 3peak, act, and do I what I tell you, and that is, do not believe ono word ''■ ho says against me about killing or robbing any of tho men whoso death lam being tried for, as "you mu3t consider him to be a disgrace not only to the colony but al=o to tho age we live in. There was no talk in this quiet city of Nelson, of storekeepers, gold-brokers, or miners getting mutdered till ho came prowling about tho country; and may the 1 odiouanoss of his name kcop everybody from tlio most

j distant iiniration of his example. I believed him (o be o:io tli4t would rob a iimii, but iml :i in.su that j woutil kill one, much nure do the atrocious frightful, Uf.vaa he a-iys ha hsu done. Gentk'meii. uji-.'h was his [ in<tin?tire lore of his ivi.:!;ed Hl'o w'.iuti he saw and revl the proclamation at that time, and vj powerful were hi.i impuhss to {struggle against fuli:, that us the liuvj of his identification took place and the expectation of his guiU dr-jw near, he would have dared iiuy dangur with the hopo of escape and acejpte.d any commutation of sentence, at thut time, short of death. That was a sad stag.- of sgony ho was exposed to ; as the scaffold must have been in front of him he must have passed through a terrible; period. I confidently hype [ am being tried ut an ago and at a period of too much change to have anything like public opinion connected with my case, so that what has been written about mo yesterday will ha forgotten to-day, and that; my triril will be no moment of rash eulhu-iasm or period of misguided zeal, or unbridled bigotry, which would be highly perilous to both you and me, and that no circumstances foreign io the matter ut issue may influence any of your opinions. Gentlemen, you maybe aware of order scarcely ever being picsent at any of the examinations (hat took place before this trial, and that it wan only by the repeated effort of the Crier of the Court, or a rebuke from ' tho presiding Magistrate threatening to dear the Court tluit order could bo maintained, ihc Magistrate saying at. tho j-ame time, "how could they expect mo to have a fair trial?" if, gentlemen, any of you wen: eyc-wilnenscs to what took place, dismiss it from your minds as well as you can, and try me this day nt you, gentlemen, will be judged hereafter. I have mentioned this with no malice to any of my fellow men. I bear no guile against those who caused these times to be s-o mortifying to me. No, no, gentlemen, (oo deeply conscious am I of my offences again.M, the world to fi-sunio nven to myself the pretension of martyr. And. gentlemen, you are well aware there aro men whose antecedent.■»* have not been good, that would not shed blood. Ido not wi.-<h to represent myself a-i ;i man free from error again.-t society ; but J hope you will bear in mind that I have never seen the man in my life that I inn being tried for killing. T cannot avoid warning you, gentlemen, not to wrong me on account of anything that took place, for I have been the talk of every circle, afc which some have expressed their opinions,-and those opinions have gained currency, and been discussed by the press, which' omitted other topics of interest to devote a largo portion of their columns to commentary upon me. You have only to look back to the pages of the press since my arrest;, and you-will'scarcely fuil to/md that each day contributed some new and ingenious suggestion about me. Some of these you will find wero arrayed with great details, and others were constructed of materials the least probable and likely. [Kelly then took up a newspaper from which ho wus about to read an extract. The Judge said it was not evidence and Kelly laid down the paper, whereupon tho Judge said that although the paper of itself could ■ not lie offered aa not having been evidence, yet if Kolly thought it well to read it ho put it to the Ju>-y hypotlictically thus: " supposing that so and fo, quoting the statement ho wished to make—had been ' said by the press,' tho Jury would guard against giving any evidence- to, or weight to such a statement," or something to that effect-. Kellj' did not read the extract, and went on with his address]: — Every view had, however, its peculiar advocates, and you know, gentlemen, to what violence the war of such controversies are carried upon such subjects as the one now 'in question, by tho publicity which accompanies such events as these ; it generally causes discussion, and discussion suggests enquiry, and by degress the general mind is turned and scarcely embraces any other subject, mid it is one of fhs gravest inconveniences which accompanies free discussion ; that an accused man is put upon his trial, before tho bnr of public opinion, and his guilt or innocence pronounced, before ho takes his place before his real judge". You can ccc how the most artful, cunning, and villainous devices of Sullivan, shows; with what clearness, how often tho suporadded efforts of fraud contributes to ensure succoss, and arc yet as frequently the sources of failure, na j-ou havo seen in tho dark crime that I am being tried for ; for tho over-care and caution of Sullivan havo been the eluo that elicited his guilt and my innocence, for I am innocent of this murder; and I appeal to'you gentlemen to try mo by the evidence you havo heard ; by that ovidonce and by your own conscience, and by tho assistance of your God and the eminent Judge who is now sitting hero ; and I call on tho approver Sullivan in the name of God, to stand lip and proclaim ray innocence, when lie hears me pleading for a life that I ought not to lose. Tho Judge, let Sullivan bo removed from tho Court. Tho Gaoler : He is removed your Honor. Kelly: I bavo only been in Sullivan's.company for seven weeks since I saw him thirty years ago. I knew him and his two brothers, and , went to school with them. Their names are— Michael and John ; and, as ho denies this, you must not-come to any conclusion except that ho would swear anything about me, and would swear my life away. I ask you, gentlemen, in. the name of God, can you believe him ? If you-believe him, I don't know anybody else on tho face of the earth that does. Nobody else will. I won't. Ho says ho stated all he had dono to further the ends of justice, and yet there ho was drinking hot wine and enjoying himself and waiting for arrest. You cannot believe this, for ho was not far from the watch-houso if ho wanted to confess then; yet he drew his money from his landlord, but I did not draw mine. Now, gentlemen, you havo heard Sullivan at times, v/hon giving evidence, how he tried to niako it appear that ho would not hurt a fellow creature ; but you also heard to the contrary from two of tho witnesses in this case —Mr. Jervis, and tho man Shallow, of the Wallaby steamer. You heard that when Mr. Jervis came to identify him and mo, he rose'his arms to spring upon him, and but for the Sergeant of Police being at his rescue, and pulling Mr. Jervis back, ho would have felt the grasping clutch of that mighty offender; and if ho had, there is no doubt that thero would be another added to tlio list of murders that is upon his head. For the .horrid one, knowing Mr. Jervis to bo a material witness in tho case, would havo boon glad to put him out of the way ; and yet ho has said that ho was waiting for the Government to take steps and collect witnesses that ho could assist to forward tho ends of justice. Does such conduct show it ? Is it not a proof that he would rathor defeat it ? You havo also heard that before ho arrivod upon the shores of your town, ho threatened to throw a man overboard, and to give him a watery grave; : which, if the man had met with, would have deprived tho case in question of another material witness. GcntloGentletnen, as I am an illiterate man, and not able properly to conduct my own case, and as I havo no counsel, if it please his Honour, and you, gentlemen of the jury, you and he will be my counsel. As for the gun with my name scratched upon it, I became possessed of that gun at tho -West Coast, where I paid £o for it last Christmas. How I became possessed of the grammar wus this way—l got it from Sullivan. I mot him on Collingwood Bridge, and asked him for somo waste paper, and he gave mo "the grammar. As soon as I knew it was in evidence, I sent a gentleman to Collingwood Bridge to look for and discover some of tho pieces, but the fresh in tho river had washed them all away. The Judge : Kelly, you did not cross-examine Sullivan about the grammar, when you had tho opportunity of doing so. :,. ■ Kelly :Ho frightened me, your Honour,. as |ho was always making statements, and not answering questions. The knife I ocknowlcdgo to be mine, and anything taken oif me I do not seek to deny, but nobody can prove I was on tho road, or with the men when they were murdered. Only I drank too much water after walking so fast, as I did after leaving Burgess and Sullivan, else I should have been in town on the 12th of June. I drank that water with pleasure, but I did not think that it would cause me so much pain. Ido not deny coming }n the Wallaby, but I had money, and I got some from Burgess and Sullivan after they came to town. lam unfortunately a man charged with murdering men I have never seen. If those letters had been intercepted .that Svilliran wrote to his irife, it would bo scon that ho said I gave him

money. I lnd always pl-iuly of money, and was always well dressed, arid it would be provvd, if I had get p'jliceiiicii up from ilokil:!;;), (li.-.i I worked five months on the ICunicri. This Government oujbt to have aot tho.se letters. Nobody knows. God knows all. .Every business man in Nelfm whom I dealt with, knows that I told him vrhi'iv I wus living, and my name wns always Noon. Sip. Carter, in his deposition before tlio rnatfulrale, said my name was Soon, and my receipted bills, nnd my miner's right, ar.j in the name of Noon ; and 1 a.in tried for my lifii in the name of Kelly. • The June i:: Hut you plcirlcd, to (he indictment, charging you, by the nainii of Kelly ;if you had objected to that, then a- now indictment would have boon nmde out. ■ Kully: 1 don't object now, your Honour. Mr.] Christcnson canio from, tho Grey, and he saw me in gaol, and my receipted bills are genuine. Gentleman, 1 am not able to make remarks on my evidence, and I ivi.sli you -.vould do it forme. I throw my life into your bunds ;do your duty, and give me "a verdict of acquittal. There were four or five men being killed ; now this was not dono by four men. It is not done by a lot of mon. Don't thin?: that four or iivn men would do thin, and one of them a Jew. Tivo men might- be found who would do all this; but not four, and one of these four a Jew. Gentlemen, I again declare my innocence, and although. 1 urn :i marked man, J have not killed any of these men. Kelly was considerably overcome us he concluded his address, and ho was accommodated with a chair in th« dock during tho remainder of the pitting. COUNSEL'S ADDRESS ON BEHALF OF LEVY. Mr. Pitt, as counsel for tho prisoner Levy, next addrotved tin; jury. After referring to the grave; responsibility which devolved on him, and tho law and practice respecting the value and acceptability of the evidence of an accomplice who.°c evidence wrcs alwttj'B to be regarded with suspicion, he said that none but an accomplice knew how a deed was done ; and it slood to common sense that- the man who was wicked ciouyh to commit a great crime or t:ikc part in it, wus also wicked enough to swear falsely about it. Mr. • Pitt, after stating ; that Levy challenged the world to prove that he was ever before at a bnr of justice on any charge of felony, went over some, parts of Sullivan's evidence, and argued that his evidence was not- corobborntcd if criminative on the part of Levy and Kelly. The, statement made by Sullivan ps to what Burgess said to him, to tho effect that " Burgess knocked his man down at the first shot, but others made a mess of it," was only evidence against Burgess himself, and not against the others. Tho articles produced by the prosecution were, for the most part, discovered through information given to Mr. Shallcrass by Sullivan. Sullivan was not to be believed, and lie contended that it was, on the face of it, absurd to suppose that two men conscious of their guilt would, after committing murder . and robbery, go away and divide gold, the proceeds of those crimes, in such a public place as Sullivan said Levy and ho went, close by the Albion Wharf, while vessels were lying there, and while- people wore passing to and fro. He doridedjalso the pretext of Sullivan, that he sought to further the ends of justice, and | pointed out the contradiction of this, in the fact that lie and the rest after Levy's apprehension, met together and concerted measures for effecting their escape, mid it was iiofc until ten or twelve witnesses had. been examined that ho confessed ; only when the horse, the shirt, and other proofs of his own guilt had been discovered, when, in fact, Sullivan found tho rope tight round his own nock, thnt ho made his confession, to save his own recreant life and imperil the lives of others. As the mouthpiece of the prisoner Sullivan, ho (Mr. Pitt) contended that the whole evidence, excepting some portions of Sullivan's, and that evidence wus, he maintained, utterly unworthy of credence, was consistent with the innocence of Levy. The prosecution sought to establish a conspiracy on tho part of all the prisoners to murder; but at tho most, it only consisted, according to the trustworthy evidence, in a conspiracy to commit a robbery. Sullivan's evidence is worthless. lie stated in Court that it was Levy who advised tho robbery of these men, but he previously stated to him (Mr. Pitt) that it was Burgess who did so. The Judge poiuted out that it was out of order to refer to what was not in evidence, and it was improper to state what was said out of Court. Mr. Pitt said that on the decision of the Jury depended tho lives of at least two men, against whom tho evidence was very incomplete, and he besought them to consider carefully their verdict. Ho noticed the medical evidence, and contended that it was by no means conclusive of death from violence. 3>r. Vickerman did not prove that Mathieu died from the bullet-wound, or that ho actually met death from other than natural causes. Ho was proceeding to quote from " Taylor's Medical Jurisprudence," when The Judge stated it was not necessary to prove what was the cause of death. The jury inquired whether it was death from natural causes, and, if not, whether it was a violent death; and, if violent, whether it was caused by the deceased person himself. Mr. Pitt then wont on to argue that it was nothing to show that Levy was destitute of money ; and he may have got money from either Burgess or Sullivan after the murders, with or without the knowledge that ifc was the proceeds of their crime. Moreover, Sullivan had stated that the prisoner Levy paid for everything. In fact, ho alwaj's seemed to have money. He paid the passages, the expense of living at Nelson after arriving in tho Wallaby, and he had furnished tho money for the expenses at Wakamarina. Then ho referred to tho dress of Levy. Sullivan got new clothes, while Levy woro the same clothes, even-to. tho coat, as was proved by several witnesses. The washerwoman's evidence showed how stained were some portions of Sullivan's clothes, and the scientific examination by Dr. Cusack showed that on the shirt, proved and admitted to be Sullivan's, and on the sack which was found in his swag, stains of blood were found. It was impossible that the blood could bo that of tho horse, because the shirt was hidden by Sullivan bofore the horso was shot. Sullivan, it was true, mentioned a circumstance by which he endeavoured to account for tho shirt being out of his possession. Ho said ho sat down in tho early part of the day to mond his shirt near tho rock, and, being suddenly alarmed, threw it aside ; and that either Burgess or Levy afterwards picked it up, and had in their possession, and gave it to him. Burgess and Kelly were engaged with the straps and other things from the portmanteau, and if the blood had got on tho shirt from them, why were tfio satchel and other clothing free from it? No article of clothing belonging to Kelly or Levy bore any stains of a suspicious nature, and tho conduct of Levy was perfectly consistent with his innocence. Tho only suspicious circumstance was the possession of a larger amount of money than he had when he landed in tlio Wallaby, but this, as he had said, was explicable on the supposition that he got money either frpnr-Burgess or Sullivan. He (Mr. Pitt) was at alosji to see any'--material points in which the evidence of Sullivan had been corroborated, and Burgess might, with equal impunity, have taken the very same position as Sullivan had done if ho had chosen. Sullivan took the opportunity of the reward that was offered. He was afraid that Levy would confess before him ; and the man who had not hesitated to perjure himself, who had not hesitated to take part in the commission of great crimes would not hesitate to chargo others with their commission, if by doing so he could save his own life. He concluded by saying that tho evidence of Sullivan was unworthy of one moment's credence, and ho askod what other evidence there was to showthat Kelly and Levy were present at the commission of those deßperato deeds ? There was no other evidence, and ho appealed, to the jury to weigh the fact well, and" if there was any doubt on their minds (as there could not fail to be with the evidence of such a man as Sullivan, the chief evidence against the prisoners), then to give the prisoners tho benefit of that doubt. It did not follow that because a man might readily conspire to rob, that therefore ho would also murder. He left tho case in the handii of tho jury and hia Honour, on whoso able and just direction lies fully relied, and bo

would only say to the jui-y to do their duty according to the-ovideiiee that hud been laid before them. Tin's closed the ca*e for (lie defence. THE CROWN PROSECUTOR'S ADDRESS TO TJlii JURY. Mr. Hart then addressed the Jury, and'srud'that they liad heard tho evidence adduced on behalf of the Crown, Hiidubo tho evidence on behalf of the prisoners. Hit, duty was to sum up, and comment upon the whole of tho evidence. The defence suggested on behalf of (he prisoners Kelly "and Levy, might be considered of a twofold character : I'irst, it was urged that they wen; not at the place where tho death oi' Felix Mathieu was effected; and secondly, that tho evidence of the Crown had failed to establish, the charge of murder against them. It was abundantly proved, n-nd almost admitted by tho Counsel "for the defence, that, as. early us. tho afternoon of the Tuesday ' before tho murder, they were in company with Burgess and Sullivan, at a distance of only fourteen miles from Nelson; (hat they knew at all events that a deed of violence, or at least, of robbery, was to be committed; and yet, though they must have felt that it was (heir interest to be at Nelson, and to show themselves there, it had not been suggested that either that afternoon, or up to the latest on Wednesday, had they travelled more thun a distance of seven or eight miles. Was this the part of men whose object it was to get to Nelson as speedily as possible? Tho only attempt-which had been made in cross-examination to prove the whereabouts of these two prisoners at this time had entirely failed. It was concluded by the'counsel for the defence, that if they were anywhere, they were camped at a spot about half-a-milo from Dwyer'a, where they must have been seen, and yet no witness saw them. If Kelly had been an innocent man, although unacquainted with the laws of evidence, he would have told the jury that he was at another place, and brought proofs of his assertion. It was highly improbable that they took the wholo day to travel seven or eight miles, and I his, of itself, afforded a strong presumption that they were not absent from tho scene of the murder. It hud been urged that a conspiracy to rob differed from it conspiracy (o murder. If a man conspires to rob by force of "amis and murder follows, it is as much murder as if he had conspired to murder. The Judge : lie might become an accessory before tho fact, Mr. Hart. In conspiracy to rob with violence, unless the parson conspiring is within such a distance as to be able to take part in the act of violence, he is not a principal, but an accessory. Mr. Haiit : The first point is as to* the credibility of Sullivan's evidence ; and the crossexamination to which he was (subjected, had done nothing to shake that evidence. He admitted that, Sullivav. had told lies, (.hut he had given false accounts of himself, had even perjured himself, as on a previous occasion : but the question, for the,jury to consider was, not what Sullivan now' might be, but whether what he had said in evidence jin this case was or was not tho truth. Tested by the law* of evidence, and by the testimony of the other witnesses there was a striking amount of corroboration. He had said that he was not one of ilie party who went into the bush, and was actually en- | gaged in the murder, and there is circumstantial evidence to bear out this statement. 'Die gun which lie had, and with which he was left to guard tho road, if he had been in the bush and had murdered any of tho victims, would have been discharged, but it was found where he had thrown it away, wilh both barrel:! loaded and capped, and there was nothing to show that ti had been reloaded ; but on the contrary, this gun was found so loaded, after the deed had been done, after the spoil had been gathered, and no more bloody work remained to be enacted. If it had been discharged during the day, it would have been thrown away discharged ; but; it was found capped and loaded, and was never used again. It was told, moreover, in evidence that he used a gun after this to shoot the horse, but it was another gun, brought down to him from the road, and this gun was found, on Burgess' confession, with both barrels discharged. Another circumstance came out incidentally in the evidence of Mr. Shallcrass, the Chief Constable, who, on the information of Sullivan, had gone out in search of tho bodies of the murdered men. Now, if Sullivan had been with the murderers, ho would have been able to point out exactly the spots where the bodies were concealed, but Mr. Siudlcrass stated that they were found a great deal farther up tho hill than was indicated by Sullivan. He (Mr. Hart) attached far more value to a statement like this, casually brought out, than to one purposely obtained. With regard to the evidence given by the bankers' clerks, as to the purchase- of gold on the 14th of June, it had been found impossible to identify any of tho prisoners, but he put it to the Jury that parcels of gold were sold to tho banks on that day, agreeing, in value and character, with that described by Sullivan. This is as far as ovidenco of this nature can bo expected to go, for bankers' clerks havo no business with persons who sell gold, but only with its weight, quality, and form. Sullivan had referred to certain nuggets, which the bank clerks had produced; these nuggets had been sworn fo by witnesses, who had sold them to the deceased, Mathieu. Thoso sales to Mathieu took placo on tho 9th and 10th of June, and there was nothing to show that he either sent them to Nelson, or took them there himself, and tho result is, that some one who had them from him did take them into Nelson. So far, therefore, tho evidence is clear on that point. Ho would leave for what it was worth, the prevarication on the part of Sullivan when the missing men were spoken of in his presence. It could hardly bo expected that ho would say anything but what would lead people off the scent. There was little use in discussing motives. Sullivan had said that he waited for a favourable opportunity to confess, and to see what evidence could be obtained by the Crown, and how far it would corroborate that he had to give. This was by no means an unnatural mode of proceeding, Mr. Hart then touched briefly upon the medical evidence, and on tho theory started by the Counsel for tho defenco, that the wounds were inflicted after death. The fact was that Mathieu was found dead with hi? hands and feet tied. Now the only theory tenable under such circumstances would bo, that ho had been found dead by tho roadside, and then taken up that long precipitous hill, shot twice and then stabbed, all after death. Ifc was untenable and impossible, and could not be entertained. After alluding to some of the witnesses' evidence, Mr. Hart spoko of Levy's visit to Deep Creek, where it was proved that ho had learned from a woman who had given evidence, that one of the murdered men meant to build a public-house on tho "West Coast, a circumstance which in itself showed that they must be possessed of a considerable sum of money. Mr. Hart then proceeded to comment upon ,;tho movements both of tho murdered men and of the murderers, remarking that nothing was left in doubt aa to tho whereabouts of tho former itntil their arrival near the fatal rock, after which tlFey were never again Been alive. Then, again, Sullivan had told them that, whilst behind tho rock, he had commenced to mend a tear in hia shirt with black thread, and this part of his statement was so far corroborated by the fact that, behind the rock, a Bkein of black thread was found, and he accounts for the shirt being out of hia possession, by stating that lie left it behind him at the rock, where he had been mending it, and where it i wus picked up by one of the prisoners whilst ho was keeping the road, and was again returned to him". And, supposing it was proved beyond all doubt that it was human blood that had marked his shirt, there was nothing in this fact inconsistent with his statement. On the contrary, the smea? which the medical evidence had alleged-, it to be, might have been produced whilst in the hands of the actual murderers. Then with regard to the sack, on which marks of blood are also apparent, there has not been the slightest suggestion made that it was his property; that it had been used.by, or was in any way connected with him. Sullivan had told them, in his [account, that Kelly, not being able to fire off his revolver, through damp, had used the point of biapeni knife in the endeavour to extract the ball, and that in doing so he had broken the point of the blade, which he had reground afterwards on a stono. It > appeared to bo a trivial eircvtnistaiicej but these

[apparently small link* tended to'strengthen in every I way the belief that Sullivan's statement was correct;. The knife was found with the blitdc .mentioned broken at the point, and with marks visible ofhaving been recently re-ground. That, they would be willing to n.-Unit was, corroborative testimony of tho ■^trowgest kind in favour of Sullivan's statement, for the knifo had not been shown to him since it had been in the possession of the police. Then again with regard to the gun found in Toi-toi Valley, through tho information of 'Burgos.-". They found upon this tho letters " Thos. Noon," a name by which he was going, the name in which he took out the miners' right- They would then ask .themselves if, after carefully looking at this evidence, they could possibly come to tho con- : elusion that Kelly had nothing to do with these murj ders. How then came the gun bearing his name to be mixed up with it; and how the knife found in his swag? Then aguin there was no doubt that tho j paper found in the gun was a portion of the sumo j paper which was found near the rock, and on tho j body of the murdered man. Further, it had boon i proved that the sums of money found on the prii soncrs' persons almost corresponded with the amount upon tho murdered men. The Judgk here remarked that no evidence had been adduced which proved the amount of money which the deceased men had when they kit tho Wiikauiariua, except the testimony of Sullivan. Mr. ILuit continued : The amount of gold was estimated by Mr. Jcrvis at a certain sum, which, together with tho notes and money alleged by Sullivan to have been divided in the chimney amongst tho party, amounted approximately to,tho sums found on the men when taken info custody. They hud each received ,€IG odd, and with this sum the value of the. gold closely reached the sum which the deceased had amongst them. Now, he would ask them if, supposing, according to Burgess's statement, ho and Sullivan had together committed the crime, would they equally divide each other's proceeds, with tho other two (Kelly and Levy), in tho risk of obtaining which they had no share whatever ? It had been suggested by the counsel for the defence that Levy had moans of hi 3 own ; that he had properly which placed him beyond the roach of want; but sotting aside the evidence, which clearly showed that ho was in want of money on-the voyage, it would bo of tho utmost importance to him could he prove how, and from, whence, he got the money found on his person— —could he in some way explain how he had become possessed of it. This, however, has not been attempted. Mr. Hart went on to say that, had tho trial followed shortly and closely upon the arrest of the four prisoners, and they had had no witnesses to examine, it might have been thought that, time had not been given them, to produce evidence which fhould corroborate their statements; but the number. of witnesses who had been called, and tho lengthened cross-examination they had undergone, showed lliat every opportunity had been given to tho prisoners, of which, however, they could avail themselves nothing. After showing the fallacy of believing that any weight should be attached to the argument of Levy's counsel, that the alleged division of the gold at the i^pot named by Sullivan was impossible, owing to tho number of vessels at the wharves and in ike harbour, Mr. Hart pointed out the false account which had been given by Levy of himself when arrested, and this and the iacfc that the parly of four had been afterwards seen together as they had bison previously, tended to throw upon them the suspicion of having been tho guilty parlies. They ii.'td only been able to suggest that on tho chiy on which the crime was committed they had but been in the \cvy neighbourhood of its committal. His Honour the Judge, at the conclusion of tin's speech, said that tho important duty he had to discharge would not enable him to sum up the evidence without an adjournment. The Court was consequently adjourned until next morning-at nine o'clock.

SIXTH DAY. Tuesday, Sici-thmuku 18. The Court met again to-day, and his Honour Judge Johnston took his scut at nine precisely. The attendance was largo, and a considerable nuinbpr of ladies occupied the peats both within and without the bar, while outside there were assembled largo numbers who could not gain admission. SUMMING- UP BY TILE JUDGE. His lIoNOUK, after taking his phieo on the bench, commenced at once to address tho jury. Ho said, they had now arrived nt the lust stage in this important investigation, and the patience and attention the jury had shown throughout the proceedings satisfied him that they would approach the concluding and responsible duties in a becoming spirit. Although he had no doubt, if a common jury had been chosen to fry this case, that the prisoners would havo received fair play and a just trial and that the ends of justice would in no way have sulfered, yet he was not sorry that, by the concurrence of tho prisoners and the counsel, the case was being investigated by a special jury, composed of gentlemen whose habits, education, and modes of thinking enabled them io apply and tost the evidence with care and accuracy ; and who wore, therefore, well able to withstand any outside influence which might temporarily disturb tho public mind on the discovery of offences bo great as those they had to investigate. It almost invariably happened that, in momentous cases such as that they had under consideration, it was impossible to avoid tho rise of a popular excitement. Not that ho believed that tho popular excitement of which they havo heard, or the discussions in the public press which had been alluded to, would in any way havo prevented the present or a common jury from doing their duty, or from throwing aside till exterior influences, and giving a verdict according to tho evidence, and by that alone. But it was most natural for a free and generous people to ha seized with indignation ou the discovery of such crimes. It wa3 also natural that people should do as the citizens of this place havo done—should make large personal sacrifices of time and labour for the purpose of discovering the crimes, and thus to assist the authorities in bringing their authors to justice It was this same free and generous spirit which, when tho hour of passion had passed and the day of deliberation had arrived, enabled British juries to dismiss all prcjudico, and fairly to consider and weigh all the evidence on its own merits alone. Tho excitement which arose on the discovery that great crimes had been committed against society showed that a healthy tone of society existed ; and did not infer any violent or illegal dealing with their perpetrators; that in- ' dignation is a safeguard of society and of tho laws, for it is in countries where life is little cared for that innocence is most in danger. After further pointing to the necessity that existed of the jury keeping their uiinda free from bias, he said, with regard to the present charge, there could bo littlo doubt on tho minds of the jurors respecting the guilt of tho prisoner Burgess; but he was bound to tell them that, to make- out a ease completely against Levy aud Kelly, it was necessary that thero should be a, thorough collation of evidence, and a full and careful examination of all the circumstances, in order to prevent a too hasty jumping to conclusions. If, on a calm consideration of tho facts of the evidence, it was not made out to tho jury, beyond reasonable doubt, that Levy and Kelly took each a part in the murder, the jury was bouud to give them the benefit of the doubt; but they were not alone to exercise their duty on the sido of what was called mercy ; and while on the other hand they were riot to allow their minds to bo biassed by any mere apprehension of guilt, they were not ou the other to reject conclusions that tho facts warranted because of ultimate consequences. Any man who entertained conscientious scruples respecting the punishment of death, and who went into that jury box to frustrate the operation of the law, was a criminal against society; and ho could not think that any juryman could be so faithless to tho oath ho took as to adopt such a course. He asked them to bring their minds to a calm consideration of tho evidence. The prisoners Richard Burgess, Thomas Kelly, and Philip Levy, stood indicted fou the wilful murder of Felix Mathieu, on tho 18th June, iB6O. Although thero was no attempt at con*

- ccalmcnt. of tlio fact that there are other clinriii-ij of murder again it the prisoners—aria thr.t liiifl Jinpcarcii in this pfoei'edingi, i:i the court — Yft it was found tli.il v,ln;; tli<iv v/cre so main en-? nr»l so iiiaiiy iii-n i liurgcil, il was .v jot easy to upplv iho rulfrt of cvidi.ne.', and thcivlore :i separate iii<ii('tr;ii-iit lnx-1 bveu framed in c.i'-li c-i.-i*. The jury liii'i. Lheivlbr'1, .'l'ju-f.mti'ii!;,' bi.-IWi:liu:iu four cases of immli'r, nini t;i. v n!«y X.d bi;!'r»n; th'-m four person.* coiici-rni'il i" il:i-c riiu.--.icri, ih.-tu of v. horn were ii' t!i-- !ru-; the lum-lli bi-in^r .SuJliv.m, wlio was fully iiii[)!icit'vi in the ci-jiMi-ri by hu own etalcnieiit, am! who appi-ircd arnl gave cvtdcrir-c «:i :m nwoinph'ce. llii ifonotic'iiM Jn; ]J!O[;'jm-d. fir*f to consider how fhe ciKo Btood in tlio nb'-cuee of Suiiivmi'3 evidence. The ease was very much Jiurrov.i;d by the confession of JJiirges", who, in ii tiio-l uxf raordinnry manner, firot roiifiMM-d liis guilt of the whole of tlie murders, ami yi-t pUaded not guilty "for the j-.-iko of the cud-, of ju«tice" a* he lert.iert it, and yet in Court rc]j':)jtcd'ly acknowledged his guilt. Witli o Mrimu'R and almost naunous pc.-iinacily, he ]>.-]■'-:,t'.-d in rv j-eileiallon of h."s foul crimes he fore llio jury; and in doing po, us ho said, in the intcreslu ol religion :md just iff, ho was guilty not only of mi ntU-inpß to injure justice, but also o) the Jticiit fearful blasphemy. If he hiid really been anxious, on behalf of justice, and knew and desired to prove (ho innocence of Kelly, ho could first have pk'uded guilty, and (lien tendered himself as n witnew on his behalf. But lie was himself the atchplolter—lio was ilio cruel assassin—and wished to let thai, be Been arid I;doitii. Tlio jury were to,dismiss wholly from their minds all hirf overdrawn statemcnti," unsupported and contradicted, against himself and agiiiii&t Sullivan—etaU-jnenft) made with an cxlent of braggart vanity that he had never before v.itm't.-ed. it was not necessary that the jury .should be j-atisfied that eiiher Kelly or Levy slruek one blow or fired one (.hot, it wjb only neecoisury that they should be satisfied that Felix ilalhieu, and the three other men who were with him, were .murdered. The prisoners were all conspiring to murder. And this, in the first place, made them accessories before the fact; or, in the next place, if "the jury were satisfied that Levy or Kelly did not strike one blow, yet ii they were near enough to have aided (ho others in their efforts, and knew what was going on, they are guilty, in tlio second degree, as much as if they had struck the blow themselves. His Honour then proceeded to consider tlie case as it stood, without .Sullivan's evidence, and briefly narrated tlie facts as brought out in the evidence. Mathicu, with his friends, were last iieen alive, on the Maungutapu, on the 13th of June. In sonic sixteen or seventeen days afterwards, they were discovered on a steep hill-side, dead. The first point to consider was, whether (hey died either from nuicide, or from conflict amongst themselves. lie need not go farther than to refer to the fact, that they were all going along the road for a common purpose, not going sonic to the one place and some to the other; that three of them were found .shot; and that there were no lire-arms near them. Suicide was out of the question, and ao was a conflict among themselves; and it was equally clear that they did not dio from natural causes. Tho contradiction of the medical evidence attempted, and vv,ry properly attempted by Sir. Pitt, tho counsel for Levy on that point, was to hit. (the Judge's) mind totally irrelevant. None who had heard the evidence could for a moment entertain any doubt that Mathieii hud been murdered. By whom was that murder committed? And he would enlarge the question, and ask, by whom were these murdersi committed? It was contrary to common Bcnt>c to argue that the men. were murdered separately, that is, that the bodies were taken there separately after being murdered; nnd it was equally out of tho question that one man only took the lives of these four men. Xu-.v, if one man did not do it, how many men did it? Burgess lias admitted that lie took the principal part in the murders ; Sullivan has admitted that lie took a subordinate part. The case for Levy and Keily stiuids thus : They may be, guilty of robbery; but they deny that they are guilty of murder. It wuh for the jury to consider if their story was consistent with common sense, with common probability. The four men went up the country with an acknowledged criminal intent, avid, failing to umlco any prey where they expected, they returned towards Kelson, with this avowed object of robbery; but two of them, it was said, returned to Kelson, j and were found charing in the proceeds of the robbory, without taking any part in it. Was that consistent with common sense or probability? His Honour then traced the murdered men from Ifrunklyn's Flat to the rock, near where their bodies were found; that the lime of day was about one o'clock, or nearly so; and thai, had the men gone on to Nelson, they would certainly have been met by Mr. Uoivn, and several persons who passed along the road. Ilia Honour then followed the course of the prisoners. It was clear Unit they., after professing disgust at (ho want of occupation at Canvas Town, Were seen opposite IhcUeringu bridge, at a-late hour of the day, on the I:2th of June, and, on the 13th, they were not seen on the road at all. Yet they made their appearance, ull the I'our.includingSullivan, together in Kelson, late that night, travel-stained, muddy and dirty. Wo must find out evidence to fill up the interstices. They were on the road on the 12th in time sufficient to reach Kelson that night, and if they did not reach Nelson where were they ? Tho case for tho prosecution is that they withdrew oil' the road indicated until tho men came up. What applied to one applied to all; they were master and slaves, tho slaves willingly, no doubt, doing the other's work; for, as Burgess has said, " they were willing slaves." If it was truo that Levy and Kelly were ready to commit robbery only, but stopped short of murder and demurred to commit it, why did they not escape, and why did they share in the proceeds of tho crime? There was time to escape it they had wished, and to bo in town, but the- did not appear there. The confession of Burgess docs not apply to all tho prisoners ; it only applies to himself. But let us look to llTo conduct of the party before and after the 13th of June, tho day of tho murders. The men left the West Coast; they were clearly associates, and necctisarily were together. What were their pursuits while thus associated? It is clear their principal pursuit was tho unlawful acquisition of money. Within a week of their arrival in Nelson, they were-all in possession of large sums of money, but before that they were known to be in a state of poverty ; borrowed money from two persons on board the steamer, paid £1 for their night's lodgings and breakfast, and at Canvas Town they spent ■under a pound. One of the party, Lev}', went to Deep Creek, evidently to get information, and ho learned that Mathiou and his fviends were preparing to leave Deep Creek for tho West Coast, to establish a business there. Levy spent little money there, he gambled there, and returned next clay. On tho day after, they leave tho place early in the morning, ono of them expressing disgust with the poverty of the place. Next night they arrived in Nelson, and on tlio day after, they are found spending money lavishly. One of them goes to a bank and soils gold, Bella those peculiarly marked nuggets, known to have been sold to Miithieu. As for Levy and Kelly, the one gives a false name, and both give false statements. If they were not at the spot where the murders were committed, wliore were they?, They were traced all along that road, and they disappeared. Such were tho main points in the ease for the prosecution, without the evidence of tho accomplice. Regarding this evidence, si great deal of obloquy, and he would say deserved obloquy, had been thrown on the evidence of Sullivan, and strong observations hud been mado as to its value; and the jury must approach tho case and giro ample force to these objections, and take great caro to weigh well the whole circumstances. He now had to remark on tho facts rcluting to the evidence of an accomplice. According to (he laws of English jurisprudence, as he interpreted thorn, which were laid clown amU established on certain principles, he considered tbaf^ in the present instance, tho testimony of Sullivan was not to bo excluded, but was perfectly admissible. _ It had been urged to the contrary by counsel during the trial, but hc(his Honour) took it, that.tho question of the aduiisoibilify of such evidence was not tho question to be considered, but rather Ihc credibility of testimony given under such circuiristunces. The law relating to evidenco of this kind had been hud down by Lords Brougham, Donman, and Campbell, and other great aamo|j aud it had but recently been argued in

England that it was highly objectionable to pcrmi an accomplice, accused under an indictment, to givi evidence against his fellow in crime, unless either-tin indictment were first withdrawn or the accomplice Hardened, or convicted -and '(sentenced before beitif ;>ut into the witness-box, bo as thus to remove fron his mind all disturbing-influences which might in ducc him to bins his evidence, whetlnr fron hope of reward or fear of punishment Whether it was desirable tltat this should bi Use ease he could not say, but ho had not tin discretion to interfere and decide that a witnesi who had been culled for the prosecution ehoulc not be hoard, nor was ho aware of anything that, should induce him to interpose in this immediate instance, and shut out the evidence o •Sullivan from the jury. There were many cirmim stances that should be taken into consideration wher .accepting such evidence ; the inducement which the witness had in tendering it; and the probability o! such inducement; actuating him to speak tlie trutl: or falsehood. It hud recently been laid down in the case of Charlotte Winsor, tried for a capital offence in England, that the testimony of an accomplice was perfectly admissible. In. that case, . the woman Harris pleaded guilty to an indictment against he» as an accomplice, aisd afterwards tendered evidence by Which the other person was convicted. A second trial was moved for, on the ground that the evidence was not admissible, and a motion was made by counsel to invalidate the whole proceedings, The Lord Chief Justice had decided that the verdict should not be set aside. lie did not think there was anything on this occasion to prevent Sullivan from giving evidence, but he would request the jury to pay particular attention to the motives by which they would consider ho'was actuated. In a case where a free pardorf was offered to an accomplice on certain terms, tho reward was given where these special terms were agreed with ; and in most eases he considered tho great object of the witness would be to adhere to the truth in his statements rather than peril his life by the utterance of falsehoods, ffe would request the jury to givo full consideration to those circumstances. Here was a man who had taken an active part in the proceedings of the other prisoners, who had made no attempt to extenuate his crime, but had acknowledged his complicity in these deeds; he was a man who freely confessed lo being a robber and a perjurer, and who now has tendered his evidence in order to convict his fellow-criminal*. With regard to tho reward of £400, there can be no idea that, in his confession, he was actuated by a hope that he would receive this; he could never have hoped to claim it. But there is no doubt that he was actuated by a hope of the pardon offered by the General Government to an accomplice who was ready to turn approver, and who was not the actual murderer. Whether in this case ho has brought himself withiu the terms of the last sentence, he could not say. He could not see how it was ever to be judicially proved that ho was not one of the actual murderers,- and it might be that he had taken the greatest care not to criminate himself in this respect, whilst in the main his, testimony might be truthfully given. Ho should say, indeed, that it was likely that tho truth would be spoken, stopping short of involving or criminating himself. There could not be any question that strong hopes had been entertained by1 Sullivan that pardon would be extended to him for tho crimes for which the prisoners arc now on trial; and it may be also said that he lia» hopes of the same being extended to him for the murder of James Battle. But he considered it to be Ills duty to warn him against thinking that the evidence which ho had given on the present charge would at all affect the result of the other murder mentioned. It was most unquestionably the duty of the jury lo weigh most, carefully the probabilities of evidence being correct, emanating as it did front the mouth of one who had acknowledged himself to be guilty of robbery und perjury ; to even, according to his own showing, to have only stopped short of actual murder. But if, notwithstanding that Sullivan had committed these crimes, they were ready to believe that his evidence regarding the acts of tho prisoners was true, it would be their duty to set aside thoughts of his criminality, and accept his evidence. He would tell them, however, Unit the evidence of an accomplice should only be believed ko far as it was corroborated by or not at variance with other circumstances and facts which are proved by other independent witnesses; and unless this were tho case, ho could never call on a jury to find a verdict of guilty. Now in the present cjiso Sullivan's evidence had, to a most remarkable extent, been corroborated in this manner. Now it often happened thut the corroboration of the fuets and circumstances in connection with any act often brought with it a corroboration of tho persons who were the actors. Having thus pointed out the manner in which tho evidence of Sullivan was to be considered, ho would now approach the narrative of the various occurrences as they hud happened, and sco how far the assertions of tho approver chimed in with those made by others, and would give the jury an outline of tho facts which had been proved in evidence. The position and route of the road, tho neighbourhood of which was tho scene of the crimes which they were investigating,wus probably far belter known to themselves (ban to him. It ascended up the Maitai Valley over the Maungatapu, and thence to Canvas Town. On this side of the fl.it, which bears the name of Fraiiklyn's Plat, and about one mile and a half from it, Btands tho rock near which is the fallen tree which has been spoken of by the various witnesses, and on the other side of tho hill and flat wo come upon the junction of the Tiulinc arid Pelorus rivers. Between a spot not far from the tree and another spot on the road on this sido of the oreek, the party to whom Mathieu belonged disappeared from oil" it. Tho four men, three of whom are now in the dock, are proved to have arrived in Nelson, and on the following day to have left in the direction of Canvas Town along the road in question. On tho first day they camped at tho rock, according to Sullivan's evidence, and they then proceeded onwards the next day to Canvas Town, where they arrived the same day. Whilst staying at Canvas Town, Sullivan had stated t hat one of the party, Levy, had left for Deep Creek— a circumstance which was corroborated by several witnesses who saw the prisoner there at the time— in order, as it was alleged, to obtain a report of what kind of place it was, and who were about to leave it. Starting from Canvas Town on Tuesday, tho 12th, they were seen crossing the river by Air. Jervis's, and after crossing tho Pelorus Bridge they met with tho witness Galloway coming towards Canvas Town. At that time they were not far from Franklyn's Flat, where they camped for the night. After this point they were not seen again until after tho time the crime must havo been committed ; aiid it is hero that the evidence of Sullivan must be taken and tested by the small minutiie of corroborative testimony which others have supplied. Tho various preparations which are Btated by Sullivan to have been made in order to intercept the men—the clearing of tho bush, &c.—are borne out by the discovery of different spots being found, and by the subsequent finding of the weapons which Sullivan stated each man had boon supplied with. The place and position in which the bodies were found do not in any way strengthen a belief of the possibility of death having been caused by themselves, or by one another; thero were no weapons found in the vicinity of the spot. And they would find that tho details of the account given by Sullivan of tho affair, were hero corroborated by strong evidence. Sullivan says that, whilst behind the rock waiting for tho four men to come up, he took a shirt of his, with the intention of mending it there, and they would find that, in corroboration of this circumstance, there was the discovery of the black thread at the spot indicated by liim. Again, the account which he gave of tho preparation of the straps to pinion tho men, were fully borne out by the manner in which the bodies were tied when discovered. Again, he had told them that, whilst in tho bush close to tho road, at tho tinio when the other men are, stated to havo been away up tho creek, he heard tho two men, Moller and Bown, meet below on the road, and that he heard the word "no" distinctly, and the utterance of which the two men themselves'have since testified to, at the same time and spot. These men, going opposite ways, met neither of the two parties on tho road, and thero was no doubt that it was at this time that the act; was committed. I'b.s subsequent discovery

of the gun'thrown aside by Sullivan, winch was found afterwards in the bush below the track, with both barrels loaded, wa» further corroboration of his testimony, that he was not one of those who had sicHially taken an immediate part in the transaction-; and uguin, considerable strength was given to his story by the shirt being found where hid. He had next detailed the division of the money at the chimney, the concealment of the articles which they did not take with them, tho accident of fulling in * the river and wetting tiie powder in tho arms, the guiding of Kelly over the truck, tire occasion of meeting at the port, which all added to the semblance of truth which Sul.'ivan's statement possessed. The detailed account of the sale of his own gold in welgon, corroborated in the amount by the clerk at tho Bank, added another case in which it was shown that Sullivan had Bpoken the truth. It was not possible to tell tho exact, amount of gold which the others sold, but in tho gross amount ho believed that they corresponded in the main with the amount of gold which was known to be in the possession of the men. 1113 Honour then went over tlio evidence, explaining the various points, and indicating particularly those parts in which the evidence of the accomplice, Sullivan, was corroborated by the independent testimony of other witnesses. He first read over and discussed the medical evidence; and alluded to the endeavour on the part of Levy's counsel to show that tho medical testimony for the Crown was not consistent with tho manner of death; but ho p:accd no weight on that testimony, and he noticed this peculiar fact, that the bodies were found under doneo bush in such a remarkable state of preservation, although they had' lain sixteen days exposed, that [ their identification was easy and certain, and there could be no doubt whatever that the men were murdered. The borrowing of money from a Greek boatman had been proved,'and Sullivan was thereby corroborated. Burgess appeared to him to have assumed tho position of leader, and probably was chief. Ho had said there was a certainty about this, and not about the Pic-ton Bunk ; and, judging from the general tone and conversation of this man, and from his general demeanour and conduct in Court, the jury would be able to draw some conclusion as to whether ho had done thoso things in the manner described in Sullivan's evidence. After touching upon their careful and penurious expenditure on their arrival in Nelson, he said Burgess was wrong in his statement, in saying that Sullivan said that the guns were loaded on Sunday. Sullivan did not say so ; he said that they were cleaned on tho Sunday night, and loaded on Monday night with bullets stolen from the shooting gallery at the Grey. Mr. Galloway's evidence showed thai the prisoners were seen about four o'clock on Tuesday, within two miles of Franklyn's Flat, travelling towards it from Canvas Town— Burgess: Your Honour, if I might interrupt you, perhaps you will look to Galloway's evidence. You will find that lie cays ho met us six miles from Franklyn's Flat. Tho Judge found Burgess was right; but said it did not alter the case. Then they came to the statement of Burgess, wherein lie referred to Sullivan having asked leave to go into the bush; and then came a point of some importance respecting the value of Sullivan's evidence—as to his motives for giving information—a point t<> which Burgess made a perfectly relevant reference. Sullivan said ho had it in his mind, when he asked to go into tho bush, to shoot Burgess and to save the men. Sow he (tho Judge) I was bound to say that the comments of Burgess on this point merit considerable weight. Sullivan had i the opportunity of destroying Burgess, and of stopping the other men, and did not do so ; and if he had been guilty of killing Burgees i& that way, and for that purpose, there is no doubt, as Burgess said, that the i law would have protected him. As for the murders, | it scarcely ever does happen that these great crimes arc capable of direct evidence, for, of course, the perpetrators do not commit these crimes in presence of any one likely to convict them. We find it so in this case, as is stated by Sullivan, who was one of the party to these murders, tho four murderers were armed, two of them with doubled-barreled guns, one with a revolver and knife, and the fourth with a revolver and knife. Sullivan, as an accomplice giving evidence, naturally said, " I dealt none of tho blows, I fired none of tho weapons, I was tho watchman of the party ;" and the probability wa.s that this was true, that he was tho watchman, for the practice evidently was to keep a'watchman ; and, as had been said, tho gun that Sullivan had was found with both barrels undischarged. MOller and Bovvn had passed the rock immediately after tho murdered men had disappeared, and thia was chronologically at the very time when the deed was being done, for they were not seen on the road after that point, although they were seen at a short distance oil' by Birrell, and by others. Where wore they ? They were found dead ; and the probability is that they were taken off the road in the way that Sullivan suggested. Sullivan said he saw Burgess emerge from the creek, and it was important to consider whether less than three men could take up four men in such circumstances. It would be remembered that Sullivan stated that Burgess, after coming out of tho creek and finding that ho had shifted from hit> position assigned to him, asked him what ho was doing on that side of the road. It was a very consistent statement, very like what a man, a leader in these murders, would say to an inferior who had disobeyed orders. It was natural, too, that the gun which was the least trustworthy should bo given to the person who was least likely to make immediate use of it, rather than that it should bo taken into tho bush, where it might foul at'the moment it was required. And this was tho case in the gun given to Sullivan, which was found undischarged, showing that it had not been used. As Jbr the blood on the shirt which Sullivan hid, and which he had proceeded to mend-in the morning, it was in the hand of sonic of the others, who might have wiped a bloody knife on it, as tho stain had the appearance of a smear, as testified to by medical evidence!. After alluding to the statement as to tho division of the four lots of money at the chimney, which ivas the first rest on the road after tho murder, there was corroboration of the prisoners' having large '.notes that night on their arrival in town, and it wasi for the jury to say whether or not it was probable they all shared in tho spoil, or whether there wa.'j anything to prove tho story set up by Kelly and Levy that they had got money early that day "without having participated in the crime which produced it— Burgess: May i make a i-emark hero, your Honour ? The Judge : Yes, if relevant. Burgess: Your Honour has stated that no gun was discharged at the scene of the tragedy. I think j'ou will find that a gun-bullet was found in one of the bodies. Tho' Judge : They were pistol-bullots only, bo far as I understand by the evidence. Burgess : One btdlet from the gun was found. The Judge :Of course, ho knows; but I cannot take his statement, as it is not in the ovidence. Mr. Haet ■. I think your Honour will find that Sullivan had said, that when Burgess gave him the gun to shoot tho '-horse, there was only ono barrel undischarged, and that ho shot tl;io horse with that. Mr. Pitt : Yes, Sullivan said the left-hand barrel was undischarged. Tho Judge, on reading his notes, said they would bear this construction. , Kelly said, Owens swears \ha.t Sullivan did not arrive at his house that night at all. The Judge continued his reading of tho evidence' with a running commentary thereon. Ho referred to the corroboration of Sullivan having sold the gold in the name of Everett, and that under that name the quanify sold was as ho described ; the piece of; newspaper in the wadding of the gun, corresponding exactly with the piece containing tho pepper was, if not good evidence, a I'cmarkable coincidence. None 9f the prisoners denied or objected to the evidence af their previous bad characters. Sullivan was essentially a bad man, conversant with crime, accustomed to associate with men of vile and dangerous character; and ho was ready on all occasions to agree in taking part in schemes of violence and vil!any, and had only a few weeks previously been zuiity of direct perjury in the court at Hokitika. He thus admitted his bad character and his disgraceful career since ho camo to New Zealand, but i till while ho admitted all this, and that admission

had to be viewed in two lights; first us showing thai lie concealed nothing of his past career, and tecondij I as to how far that career tended to shake hi; ; credibility ns n witness, and if this admissior ! did not also tend to show that, ho desired now to tell tho truth. This the jury musl consider. There was some contradiction offered as | to .tliu statement of Sullivan respecting the time lie saw the proclamation, arid a good deal of finessing took place as to tho time he first saw or knew its contents. Now there was no doubt whatever thai he knew about this murder proclamation, and did see it, or knew its contents, before making his confession. How far that may shake the credibility oi his testimony, tho jury would consider. He thought that the Court and the Colony could not too gratefully acknowledge the promptitude of the steps taken by the community of Nelson in their endeavours to discover these crimes, and find tho bodies of the lost men ; and but for tho ready exertions in the formation of a party to search the locality with certainty of finding the bodies, no doubt Sullivan would not have confessed at the time he did ; and acting as tho community did, they rendered an important service to the cause of justice and the country at large. After mentioning the strange circumstance of the men not trying to get out of the country immediately after the commission of the deed, .and comparing their conduct to that oi moths fluttering about the flame of a candle, his Honour noticed Kelly's demand that the Government should send to intercept letters for him —letters which had been sent out of the colony, and which had become the property of the persons who received them, and which, moreover, for all practical benefit to him, were of no use, as they were only to prove that Sullivan had told different Btories about Kelly. No Government could take letters in this way; it was not their duty. His Honour also denied the allegation by Kelly that Sullivan had been unduly favoured in theprison. Sullivan had been ill, and suifering from dysentery, and his change in diet was by the orders of the surgeon. Kelly's frequent reference to Sullivan's perjury at Hokitika, and repeated allusion to its being committed before a magistrate and 11 crowded Court, waa -rather suggestive of the feelings of men who cared leas for the crime of perjury per se, and les3 for a trial before a magistrate, than for the notoriety of a I crowded Court. Unquestionably,in consideration that j Sullivan had committed perjury, the jury must take his evidence ns that of a man who can perjure himself to suit his own ends. The attempt to prove that tho trowsers belonging to Sullivan were marked by stains of blood failed, they were old stains, like stains of port wine. As a whole, the jury would apply to Sullivan's evidence the ordinary fusts of credibility both as to detail, tho motive, and the relianey, taking into account the character and history of the man. It could not be said that they must believe all tho details ; and to what extent it was to believed, apart from tho many details in which it is incontestible, it was for the jury to say, | and it was a question of how far it was necessary to have corroboration beyond these details. He thought sucli corroboration was not specially required. It was not necessary either on behalf of tho prosecution or for the defence, for a Judge to , construct a scheme that should bo perfect and infallible ; it was not necessary to construct a complete edifice. Men were fallible in their nature, and if I so complete a scheme were required, many great crimes would escape, detection and punishment. What is wanted is to say whether, taking a largo view of tho facts of the case, there was reasonable ground for the opinion, taken in connection with detailed cohesion of the particulars, that the ci'imo was coin- | roittcd as described by the prosecution. Mrs. Sharp's ! evidence corroborated that of Sullivan, regurding her case. Touching on Kelly's endeavour to prove an alibi, the attempt to establish proof of a camping party, smoke, tent, and opossum rug, about half-a-milo on the other side of Dwyer's, he said this kind of suggestion—for it was nothing new —on the part of Kelly, for the purpose of proving an alibi, had utterly failed. In the evidence there was not a shadow of ground for this kind of defence. In referring to tho evidence of Mr. Shallcrass, ho spoke of the improvements which had taken place in tho police establishment of Nelson. In most parts of tho colony improvements had taken place, but none where there had been such a marked improvement as in Nelson j and ho now acknowledged his great satisfaction at the marked improvement which had taken place in the police force of Nelson. A police force well organized, and supported by a- public opinion, directed by wise and judicious rule, aud supported by the community, was of great value. Ho had on former occasions set forth the extreme necessity for precautionary measures, moro especially when tho new state of tho colony oifers such tempting baits for the ruffians who prowl about from place to place, and certainly include men of the worst nature, who would not scruple to use any violence to secure their own unlawful aims, unless duo precaution is taken. In such a state of things it i» perfectly ridiculous to think of law and order if the dangerous classes should expect immunity from justice, through the feebleness of the arm of justice, and ho was glad to Bee the police hero in a state of such excellent efficacy. After noticing the witnesses whom Burgess called, he spoke of the address ho delivered, and which, so far as it went, should not influence the Court any further than to take it as a complete confession of his own guilt. Kelly had conducted his caso with a considerable amount of ability and astuteness.' Like Burgess, he strove to throw discredit i on Sullivan's evidence, and the fullest consideration should be given to his interpretation of that evidence. Kelly, too, spoke of tho discussion of this case in tho I public press; and no doubt there might be something in this objection. We who enjoy the advantages of n free and fearless expression of public opinion, know that those advantages are accompanied by unavoidable drawbacks ; but when many important duties fall to be performed by an institution like tin's, it cannot always work out its work J without doing incidental mischief, and it was notorious that it was so. Had Kelly sent in an affidavit that he could not expect, from the state of excitement in the community, to get a fair trial, and if that had been unopposed by a counter-affidavit, he (tho Judge) might have seen it necessary to remove the trial, but he at once shrunk from such a courHO. It was natural that, in presence of such great crimes, the instincts of the community should be greatly excited, and it was natural to find the inevitable comments of the public press on what stirred the | community to its centre. He was glad that the feelings of tho entire community were that simple justice should be done, and nothing outside of tho law attempted, that all men of all classes were con- j tent to await tho administration of that justice. After a short reference to Mr. Pitt's ground of defence for Levy, namely, on the incredibility of Sullivan's evidence, his Honour said that Mr. Pitt had done all he could for the prisoners, and concluded by im- j ploring tho jury to give full weight to any hypothesis which implied that the two prisoners, Levy and Kelly, while conspiring to rob, refused to participate in the robbery with murder. If they believed this, be asked them, before God and their country, that if that participation were not clear beyond reasonable doubt—if it was not clear, beyond such doubt, that they were aiding and assisting its perpetrators, 6Y partakers themselves in the act —then, in the name of justice—justice administered by fallible men—give those men tho benefit of that doubt. But do not conjure up fanciful and unsubstantial doubts if there are no real and reasonable ones that the jury's knowledge and experience of life would lead them to accept as such. Their duly ns to Burgess was so clear and plain as to leave nothing for them to consider. Ab for tho others, they would consider the whole evidence —first, without that of the accomplice j a7id, secondly, with the evidence of the accomplice;' and decide whether the two togethei* establishes, or fails to establish, their guilt. Gentlemen, concluded the Judge, consider these things. Act in obedience to your conscience and the oath you have taken, and return a verdict according to the evidence. Tho jury then retired, at twenty-three minutes past four. ' TEEDICT 01? GUILTY. After an absence of fifty-five minutes, tho Jury voturiied and took their place*; the Judge also took

his place on the bench. Silence was proclaimed by the Usher of the Court, and there wus a remarkable stillness in the crowded hall us Mr. Sharp, tho Registrar, interrogated' the .Foreman of the Jury, Mr. Schroder. Mr. Siukp: Gentlemen of the Jury, have you agreed on your verdict ? The Foreman : We have. Mr. Sjiaiu' : How say you. Gentlemen, with respect to the prisoner IticiUßD Burgess, is he guilty or not guilty? The Foreman: Guilty. Mr. Sharp: How say you with respect to the prisoner Thomas Keixt, is he guilty or not guillv ? The•Foreman : Guilty. ' Mr. Shaiu' : How say you Gentlemen, with respect to the prisoner Philip' Levy, is he guilty or not guilty ?.■.„.. The Foreman : Guilty. Mr. Sharpthen interrogatedtlic prisoners. Addressing Burgess, he said : Richakd Bukgess, have you anything to say why sentence of death should not be pronounced against you ? ".Burgess : Can I address tho Court, your Honour ? The Judge : Only on a point of law. Burgess : Then I have nothing to say. Mr. Siiabp : Thomas Kelly, have you anything to say why sentence of death should not bo pronounced against, you ? Kelly : I wisli to make a statement. The Judge : It can only be on a point of law. Mr. Siiaiip : Philip Levy, have you anything to say why sentence of death should not be pronounced against you? : Levy : I wish to say something with regard to my witnesses who did not come. The Judge : You were ably represented by Counsel, and I cannot hear you on 'matters of fact, the time has passed for that. Crier, make the proclamation. SENTENCE OF DEATH.—SCENE IN THE COURT. The Judge then put on the black cap, and the Crier said:—"All manner of persons are commanded to keep silence whilst sentence of death is pronounced against the prisoners at the bar, under pain of imprisonment." His lloxour wasprocceding to address the prisoners when Kelly said : Although found guilty, I wish to state that 1 was not on the road, nor near to the men when they were murdered. I don't think your Honour charged the jury right, when you told them that everything that was found where Sullivan stated it was, was corroboration of Sullivan's evidence. The Judge : Have you any other grounds ? Kelly : I have plenty of other grounds. The Judge -. But you are talking of tho evidence, when it is only on points of law you ought to speak. Kelly : I am talking of why sentence of death should 7iot be passed upon me.' The Judoe : You can bo heard only on a point of law. Juries and Judges are only fallible men, and you have been found guilty after the fullest and most careful investigation that could be given. Levy :Is this a point of law, your Honour. If Sullivan lias sworn to things which are not true, and which ruy witnesses could disprove ? Keliy : He has perjured himself in this Court. Tho Judge : You have no right to say so now. Kelly : Won't you let me speak ? Oh, do let me speak! The Judge : No longer. Kelly : Oh, that's bad. Oh, let mo speak ! Nobody will bo sorry for my death ; no person will grieve for me. I have no friends who will regret me, still I ought not to "Hie if it is wrong. Let me be heard. The Judge : I tell you again only on a point of law. Have you any principle of law on which to speak; havo you any principle of law on which to crave a bar of sentence? If not, lean permit this interruption to go on no longer. Kelly: Very likely it may be a point of law, but you will not let me say it. Ido not know what is law. It may be law. The Judge : I cannot allow this. Officer, silence the prisoner. You havo been permitted too long to disturb the Court. Kelly : Oh, there never will be twelve other men in this world who will believe what that dreadful man Sullivan says, although you twelve gentlemen have believed him, and found me guilty. The Judge: This must be stopped. Officer, prevent that, man from speaking. • A Policeman : All right, your Honour. [Here Kelly was pulled, suddenly from the dock to the floor of the Court.] The Judge :No violence; no violence. [Kelly was again placed in the dock.] The Judge : I ask you once more. Have you any point of law to urge ngainst sentence ? Kelly: Yes, your telling the jury that any of the property that was found where ho told corroborated his (Sullivan's) statement; but because he hid it he knows very well how to find it. It was not right to say that Tho Judoe : Tell me the point of law on which you hnvo anything to say. Kelly : I don't know if it is law ; but I havo a great deal to say, but you won't let me. The Judge : Richard Burgess, Thomas Kelly, and Philip Levy, listen to me. Kelly : God forbid j God forgivo you. The Judoe : Kelly, if you do not bo silent, I shall have to take steps to compel you; you have hod every latitude allowed you greater than any man I ever saw before in such a position. Kelly: Yes, your Honour, I know you have allowed me groat latitude, I must allow that, more than any I ever experiencod before ; but let in 6 speak. The Judge : Richard Burgess, Thomas Kelly, and Philip Leyy : You have been convicted by a jury of your country of tho crime of murder. I shall now spouk to you, and speak to you severally nud individually. You, Richard Burgess, have put yourself in a position which, according to all my experience, is a position unparalleled in (ho history of British trials. You como to the bar of this Court, and say you plead not guilty, although you were guilty, and freely acknowledged your guilt. You have pretended that that plea was put in for tho purpose of furthering the ends of justice and religion ; and you have in tho course of a most cxtravngar.t and vain-glorious statement, made (or tho purpose of producing an elfect, acknowledged that you are ono of the wickedest of men, one without any kindly feeling for your fellows. Without feeling of regret, almost with leas regard Cor human life than that of the beasts of the field in the enjoyment of their natural and physical instincts, you have acknowledged yourself to be a murderer and a robber. You pretended that your revelations were made in consequence of tho religious instruction given to you ; aud you have preteuded that these revelations were made in the interests and for tho furtherajDco of the ends of justice. I trust that those who have heard you mako your abandoned and frivolous statement, with its flippant and daring impiety, will be taught that your pretence in favour of religion and justico is only such as might bo expected from a man who lias shown some of the cunning'of the fox nnd a littlo more than the biood-thiretiness of the wolf. I hope that the words I am now addressing to you will bo the last words of reproach that will bo addressed to you in this world. They are ' uttered by me in order not to let it" bo believed that such a life, nnd such vain-boasting over evil deeds should be received with any other feeling than that of loathing and horror. If you have flattered yourself with the idea of becoming the hero of a life of crime ; if you have flattered yourself that you shall depart from this world with some share of fame which shall remain behind you, and your naino be spoken of among wicked men as that"of one to be admired as a hero of crime, disabuse yourself of the idea at once. _ I trust and believe that there arc few men in this world whoso imaginations are so depraved as that they coulu look on such a life and such conduct as heroic, when it is only brutal. God forbid that the people oi this colony should ever come to regard a life like yours with other feelings than those of detestation. Gou forbid that people should be found who would think there was anything like heroism in the life of a man whoruthlesslytookaway the liv'eaofhis fellow-creatures when they were helpless and taken at unawares; or that there are men who could e.ver look upon such a man so reckless of human life as you have declared

[yourself to bo, with any moro interest—(hat is with i any more sympathy—than they would look on.tbenst of prey. These words I think it necessary to address lo you Kielnrd Burges?, not for tlio "purp'oso of wounding your feelings, jvjv for the purpose of inkling lo (he sufferings you must feel ill your present awful sisjmtion ; but to lot it be'understood that you have been acting the part of n man wishing "to niaho himself notorious in his murderous enwr, and to riio as !:o has lived. If you have been hoping that the punishment which you will shortly suffer will a fiord you :m opportunity of displaying that pernicious bravado which has hither!o.marked your conduct, you have been in error. In this colony executions nro private, with sullicu-nt ■witnesses to guard against the possibility of the law being tampered with • and you will therefore not have the vulgar satisfaction of cam-ing out any cherished wish you may entertain of dying a felon's death, boldly and recklessly in tho presence of a Inrgo nssemblnge of people. * Richard Burgess, by your own admission you are tho murderer of several men. How many we do not know ; you yourself must know. You have been convicted, after a patient trial, of the murder of these victims ; and I now proceed to pass upon you tho sentence of the law, and that is : That you lie removed to the pluco from whence you came, and, that there in due course of law you bo hanged by the neck until your body bo dead, and that it be disposed of in due course of law ; and may Almighty God, iv his infinite mercy, havo mercy on your s -nl. Burgess (weeping, but with a steady voice) : Your Honour, I have deserved my sentence, aud I receive it with humility. Burgess then stood down from the dock. The JifDGi; addressed the next prisoner : Thomas. Kelly, in your defence you have staled— : — Kelly : You ought lo let me speak. Tho Judge: Be silent. Kelly : I am allowed to speak at home, and I ought lo be here. Oil it is wrong. The Judge : You have been allowed every opportunity to speak, and full time has been afforded you on your trial. Kelly: Yes, I don't deny that your Honour ; I havo got thut. The Jcdge : No reply. KeHy [who was sobbing bitterly] : If you hang me, I must bo murdered. 1 don't want to be hanged. I want to be put in a cago and taken up to tho mountain top, whero thoso men were killed. Hanging is too good for a man who could do that. [Hero°tho prisoner laid his arms on the front of the dock and appeared thoroughly overcome.J The Judoi-: : Thomas Kelly, you are in a. different position from that of tho prisoner Burgess. No means have been spared to give every circumstance that, could tell in your favour due weight. Every tittle of evidence ha 4 been examined with great care and you have had full bouvfit of that examination. You, and your companions, evidently were tho willing slaves of your parlner in crime. It may bo that you were not a participator iv another murder of which we have heard ; but, after patiently hearing tho evidencoin this trial, the Jury camo tolhe conclusion—and who shall blamo the Jury?—that you took part in tho murder of Felix Matlreu whose murder was the subject of this trial. And what kind of a murder was it ? Il did not arise fronTa sudden dissension, it wns not caused by hot-blood or angry passions, but it was a murder deliberately planned and committed in cold blood for tho love of lucre. In preference to earning: an honest, livelihood, you chose to murder peaceful men for their gold, which, when obtained, j-ou spent in riotous living. You possess some ability, and somo degree of intellectual power, however much it may havo been misdirected. Tho manifestations you have exhibited to-day are indications of your character as a man. The sentence I am about to pass upon you, Thomas Kelly, is that you be removed to tho jil'aco whence you came, and there in due course of law bo hanged by tho neck until your body be dcid, and that it bo dealt with in duo course of law ; and may Almighty God havo mercy on your soul. Kolly was then taken down in a very prostrato condition. The Jojdge next addressed the prisoner Levy: Ho said Philip Levy, you have had the advantage of being defended by »gentleman who, us you and I have witnessed, has done the very best thaleojld bo done for your case. The evidence which he has called ut your instigation was made tho bust use of that could be niado You know that a marked distinction, has been made, on your side. You have had tho benefit of Counsel, and have had, for and against you, Burgess on tho one side and Sullivan on the other. Everything that has been said against you. by Sullivan, has been inado tho subject of steady efforts to overturn ; and Sullivan's testimony has been sought to ho weakened by every means that could bo tried. As far us 1 know, jour case and the cases of tho others .have been investigated with great care and deliberation ; and the conclusion arrived at by the jury who tried you (and who shall siiy that conclusion is wrong ?) is that you arc guilty of murder, and therefore, in accordance with thut verdict, I proceed to pass upon you the sentence which I now do, and that is: That you be taken to tho place from whence you came, and there in duo course, of law bo hanged by (ho neck until your body be dead, and that it be disposed of in due course of law; and I say lo you, as 1 said to the olhors, may that Almighty God on whom you as well us I both rely—tho great Jehovah—have mercy on your soul. Levy : Your Honour,may I speak a few words now ? The Judge: "What is it? Levy (in a calm voice) : I am happy to inform you that iv my own mind, and from the xery bottom of my mart, by the God I worship, I leave this bur an innocent man. The Judoi:: Then I must inform you that Ih'oro is no warrant for your saying so, and that this statoment of yours has no effect upon me, and should not lmvo tho slightest, effect on the jury or the public. The Court was adjourned till ten o'clock on Wednesday.

1 Wednesday, Septejibek 19. TRIAL OF SULLIVAN FOR THE MURDER OF BATTLE. Punctually at 10 a.m., his Honour the Judge took his seat on the bench, and the names of the Special Jury in the ballot were called over. The indictment was then read over by tho Registrar, charging Joseph Thouia3 Sullivan with ' the murder, on the 12th of June last, of one James Battle. Sullivan pleaded, JS Tof Qitilly, and was undefended. Mr. Ham? briefly stated the facts of the case, and said that the prosecution was founded on the statement ofthe prisoner, corroborated by the testimony of other independent witnesses. The witnesses examined were not many in number. They proved the diseovory of tho body; thoapparent cause of death; and the presence of the prisoner on tho road at tho time and near the placo where the dead man was found. Sullivan's statement made to Mr. Shallcrass, and' his statement mado in the Resident Magistrate's. Court, were then both read out. Sullivan on commencing his defenco callled no witnesses, but contented kin-self with reading a lengthy and concise address to the jury, in which ho controverted tho arguments made use of by the other prisoners on their trial, and maintained that his statement was in every particular correct. Ho acknowledged he was on the road and with the other prisoners at the time Battle was murdered, but denied that he knew that murder was intended, and stated that he was not even aware of the fact of his own knowledge, but had been told Unit it had been committed by the other men afterwards. lie acknowledged that ho expected a pardon, but disclaimed knowing thut the proclamation offering such to aa accomplice had been issued at the time he Jirst confessed. The Judge summed up the evidence at considerable length, pointing out to the jury that Sullivan's statement against himself, combined with tho testimony of the witnesses, was to bo taken as evidence, and.'if they considered it was sufficient to convict him, they would return a verdict of guilty. The jury then retired. After an absence of about twenty-five minutes, tho jury returned into Court, and delivered a verdict, through Mr. Greenfield, their foreman, of Guilty. The Judge sentenced the prisoner to death, end held out no hopes of mercy.

fceea a ohort delivery, and was n.onanitcd. In. the following casea judgments were given by default for the amounts claimed with costs :•—-./amea Nimon v. C. J. HarrangtonancJ another ; claim LS, for money lent. S.T. Crofts v. Heary ihye'rs ; claim 1/3 Os C(), thg amount of an IOU. ITie ca=ea Simpson v. Huod, Ilamlow ,*antl Sampson v. Cook, were didtnuii^d for .^on-appearance.