EVIDENCE OF SULLIVAN.

Colonist, Volume IX, Issue 927, 14 August 1866, Page 3

EVIDENCE OF SULLIVAN.

Sullivan was then removed from the dock, and placed in the witness box.

Mr Adani3 tb Sullivan : What is your name.

Sullivan : My name is Joseph Thoma9 Sullivan

Mr Adams: You need not give any evidence in that box unless you like, and you don't require to answer any questions that may be likely to criminate

yourself.

Sullivan : I shall answer all questions sir, that are put to me whether they criminate me or not.

Mr Adams: Are you willing to give evidence ?

Sullivan: Yes, lam willing.

Mr Pitt: I have just one request to make, and that is that no leading questions may be put to Sullivan.

Mr Adams: I shall not put any leading questions ; but in case I should do so, I leave it to my learned friend to stop them by taking objections.

Joseph Thomas Sullivan was then sworn: And examined by Mr Adams : He deponed as follows : — I resided in Victoria, in a township called Wedderburne, district of Mount Korong ; I have been residing there as a storekeeper, and in the public business. Mr Adams : When did you arrive in New Zealand ? Sullivan : I first came to New Zealand on 10th of April, in the steamer Albion.

The Magistrate ? Last April ? Sullivan : Yes, sir; on a Tuesday, 10th April. This was the first time I had ever seen the Colony of New Zealand.

Mr Adams : Whilst at Hokitika did you become acquainted with the prisoners ?

Sullivan : Yes ; I first became acquainted with them on the 27th April. I had seen them a week

previous

Mr Adams: You need not go into particulars of the intercourse. Were you in the habit of associating with them ?

Sullivan : I was, sir. Mr Adams: Did you afterwards go to the Grey ? Sullivan : I did. Mr Adams : Did you go together ? Sullivan : Me, Kelly, and Burgess went there.

Mr Adams: Did Levy go before or after you ?

Sullivan: Levy was down at the Grey fourteen days prior to that; he and Kelly had gone to the Grey together. We associated together at the Grey; we left the Grey tosether for the Buller, by the steamer Wallaby. ' Tickets were bought for us by Levy ; he gave me a ticket in the name of Williams ; I saw him give Burgess and Kelly a ticket each. We remained one day at the Buller, and then got a passage in the Wallaby to Nelson. I don't know who paid for the passages, I did not pay them ; I had no money then. I believe Burgess had a little money, and Levy borrowed a little from a Greek boatman to make up the passages ; I saw the man give him the money, and he won more by gambling in the skittleground.

Mr Adams: Do you know of yom* own, knowledge whether there was enoughmoney among you to pay for the passages ?

Sullivan: I know we bad not enough money. I was sent on board with a note to Captain Palmer. Mr Adams : Did you see its contents ?

Sullivan: Yes; it was a request to Captain Palmer, the master of the Wallaby, asking him if he would give us passages to Nelson as we were short of funds, and that we would supply ourselves with food on board. All our names were signed to the note, the names signed were those we went by according to the names on our tickets. I remember only the name of Williams, which I went under ; and I did not see the tickets of the others.

Mr Adams: Did Captain Palmer agree to your request ?

Sullivan : No, he would not comply ; but he said he would take us on to Nelson, if we paid the balance of the fare, at«d that was £l each. We all came on to Nelson ; I don't know who paid the money,

Mr Adams: Do you know the date you arrived here?

Sullivan : Yes, on Wednesday, the 6th of June. Mr Adams : Where did you go to on your arriving in Nelson ?

Sullivan: Levy secured accommodation for us at the house of an old lady named Sharpe, who keep 3 a private lodging-house in Nelson. We arrived there about tea time ; she prepared tea for us. We stopped there all night, and had breakfast next morning. Mrs Shavpe did not take tea with us.

Mr Adams : Where did you go when you left ?

Sullivan :We left about a quarter to nine m the morning; we all came out of the house together.. Levy paid for our board and lodging ; he paid Mrs Sharpe a £1 note ; none of the others paid anything. After we left the house Levy went up the street, because he did not wish to be seen going out of town with us ; and we three then went down the street, up a back street, and round by the Church, and then met him out by the valley. When we met Levy, we all bad a conversation together, and it was arranged that we should go on to Picton or Havelock. We proceeded on the road; I went before them. We went across the bridge-and up the valley; this was the same morning. We went up the Manngatapu. Three horsemen cime up with us ; one of them I have seen since; he was a witness in this Court, and his name 18 Birrell. Afterwards, while I was in advance of the three otheM, I came up with another man, who was travelling on foot; he was carrying a bolt of canvns. We had a conversation together, and I had to readjust my swag, he waited until I did so, and the others came up.' I have seen the man since ; he is a tall man, a digger, and was a witness in this Court. [This ir the witness Thompson, whose evidence corresponds with this statement/} He proceeded on, and

left us taking dinner. We stopped that night nt a place about 15 miles from Nelson where there is a. large rock sticking up out of the ground. This rock ) is before coming to the flat [Franklyn's Flat], about a mile on this side of the flat. We stopped there all; night, and started about nine o'clock next morning, nnd went as fur as the Pelorus Bridge. We did not stay in the house there, but erected a, tent we had ■with us. On Saturday, we left about twelve o'clocknoon, and went ns for as Ganvastown, where we ! stopped in a building wliich we got permission to occupy from Mr Jervis, a storekeeper there; we all stopped there that night. Mr Adams : Did you all stop there next day ? Sullivan: No's next day Levy was deputed to go" up to Deep Creek, and he~ went* on'the Sunday; he went to see what sort of place it was ; whether there was any place that was likely to be stuck-up.; and returned on Monday, about two o'clock in the afternoon. Mr Adams: When he came back ngain, did he tell you what he did while he was away ? Sullivan : Yes; the first thing he did was to take a newspaper out of his pocket, a Marlborough newspaper, and give it to Burgess. Mr Adams : Had he any particular object in giving this paper to Burgess ?

Sullivan : Yes, it was to decide some argument they had while on the. road out, relative to tho Bank at Picton. Levy reported further, that he had been to the store of a man named Felix Mathieu, with whom he said that he was acquainted; and that he had also seen a man named Dudley, that he was also acquainted with. He stated that Dudley, Mathieu, and two otbpr men were about starting for the West Coast, and were intending; to leave Deep. Creek on Monday, the same day as. he left, but that they had to remain that day to put a canvas fly on his 3tore, and that they were sure to start on the Tuesday morning to go the West Coast. He made use of nn expression thathe had seen " long-tailed ones," which is a cant term for large notes ; and he proposed that we should start early on the Tuesday morning to intercept them on the road.

Mr Adams : Was that agreed to ?

Sullivan : Yes, it was ultimately agreed to. We consulted with Burgess about it, —he was supposed to be the leader ; —and it was resolved to go, because it was considered that there was a certainty about the Deep Creek men, but there was no certainty about the Bank at Picton.

Mr Adams : Was it intended to rob the "Bank at Picron ?

Sullivan : Yes, we started from Nelson to go to rob the Bank at Picton ; but I learned on the road on our way up, ■ from the tall traveller I have already spoken of, that there was a diggings at Deep Creek, and it was resolved that we should go up there.

Mr Adams: What happened after Levy came back?

Sullivan : Levy lay down ; Kelly did some washing, and Burpress asked me to come and help him tj grind some knives. I went and helped him, and had two knives ground. One was what is termed by diggers a fossicking-knife, or bowie-knife ; and the other wa3 a butcher's knife. I would know both knives again if I saw them. [The knife found in Kelly's swag was produced.! This is one of the two knives that were ground. It was obtained from a storekeeper at the Grey. [Knife handle shown.] This is the handle of the other knife, the blade is wanting.

The Resident Magistrate : Are you sure it is the handle ?

Sullivan : I am positive, sir,

Mr Adams : Which of them did you sharpen ?

Sullivan : I sharpened one of them, but I could not be sure which. A Maori-was present at the time we were sharpening the knives ; he gave us permission to xise the grindstone, and he lives in a house contiguous to where the grindstone was. I have seen the knives before; one of them I have seen every day, as we used it at meals. The one I have just seen belonged to Kelly ; the other belonged to the cook of the Wallaby, and was stolen from him by Levy. So Levy told us. (Laughter.) [Levy smiled sarcastically and raised his eyebrows when Sullivan made this statement.J

The Resident Magistrate: Order, order in the Court. If this sort of thing i 3 repeated, I shall clear the Court. We are engaged in a very serious business, and there is nothing to laugh at. Those who cannot conduct themselves properly had better go out.

Sullivan continued his statement: After the knives were ground, which was done on Monday evening, I did not see them again until the Wednesday. Levy and Kelly had them then. Kelly had the small one, and Levy the other.

Mr Adams : When at Wakamarina, had you any arms ?

Sullivan: Yes. We took them with us on the road, Burgess carried them. They consisted of two double-barrelled guns, and two revolvers ; one revolver wa3 a plain and common one, the other was silver mounted. I would know them again if I saw them. One of the guns was deficient of a key to keep it to the stock. I would know it by its general appearance. It was rusted pretty much through in the barrels by having been buried. The key had bepn lost while it was detached from the stock. I would know it by two pieces of iron which were put in place of the key, [gun produced.] Burtjess cut two pieces of hoop iron with a tomahavk, and fixed them instead of a key. Burgess kept tho two pieces of iron in his purse. [Revolver produced.] I know this by its general appearance, and by its being worn at the butt. It is one of the pistols. I know it also by its deficiency of the ramrod.

The Resident Magistrate: How were the barrels of the guns carried ?

Sullivan: "We unshipped them from the stock, and carried them separately rolled up in a shirt of Levy's. [The barrels of the gun produced, and were found to be 2 feet 5 inches long.] "We brought the firearms from the Grey, where they were fetched on board the steamer. They were brought nr> from the Grey in swags covered over with an oilskin. While we were at Jervis's the night that the knives were ground, after we had tea, Burgess loaded the guns and pistols. They were cleaned and oiled. This was done principally by Burgess. This was done on the Sunday evening. The pistols were loaded also by Burgess. I was present when they were loaded. We were all present. I saw how he loaded the guns.

Mr Adams : How did he load them ? Sullivan : I dont understand you, sir. Mr Adams : Was it with ball or,small shot ? Sullivan: It was with balls; balls which were stolen at the Gtej from a shooting gallery.

Mr Adams : Did the balls fit the guns ?

Sullivan : No, they were two small and had to be wrapped round with brown :paper to make them fit the barrels.

Mr Adams : Had you any pepper ?

Sullivan: Yes, we found a tin of pepper in a sto c, the pepper was afterwards put in a piece of paper. I did not put it there, and I dont remember which of them did bo ; but one of them did.

Mr Adams: When did you leave Canvastown ?

Sullivan: It was arranged that we were to leave very early on Tuesday morning, before any one wa 8 up, to prevent anybody from seeing us start; but in consequence of having no sugar for breakfast, we had to remain until Jervis got up to get some. I think we left about a quarter to eight o'clock, and we went away travelling towards Nelson. Wo had no money to pay for the boat, and we walked across the Wakamarina on foot. This was on Tuesday morning, 12fch June. I went on a little in advance and met a man carrying an axe about half-a-mile before coming to the Pelorus Bridge. This was the witness Couper. As I came up to the Bridge Accomodation House. I saw a female who questioned me whether I was one of the party who camped there on the Friday night previous.

Mr Adams: You must not /ell us what she said to yoiu Did the others come up?

Sullivan: Yes, and we all sat down and smoked our pipes. I then proceeded on before them in advance.

Mr Adams: Did you Bee any one else,

Sullivan: Yes; I stayed and made a fire on the road about twelve miles from Canvaslown, and I imagine about six or seven miles on this side of I'elorus Bridge. I waa in advance of the others when I made the fire, and I prepared tea until the others came up, 1 can't say what time it was; for some

parts of the road are dark with the thick trees... They all came up, and while we were having dinner'a man passed us; ah old man, a tall mm, carrying a swag and an old bag with" holes in it, and a piece of flix tied round it. He had a shovel with liini, a long handled shovel that appeared to be nearly new.

Mr Adams: Well, what took place? Did you 'speak to liim ? .

Sullivan : No. He passed on with his back towards me. I did not see his face then," although ho passed clous to mo, The fire was in the middle of th * road and we were on each sid« of it, and hi had to pass between us. After he had parsed, K-lly asked us if we had seen the poke in his pocket, tnoAiiin/ a purse with money in it, and then it was suggested «

The Resident Magistrate here interposed, remark-, ing to'Hr Adams that he thought he had better no' take the evidence respecting this man, in this case. It had better be left al >ne at present

Mr Adams : Very well sir, it shall be deferred (to Sullivan.) Did you see any one else ?

Sullivan : Yes ; a man on horseback passed afterwards. I did not know him, but he was one of the witnesses, [Galloway of Picton] examined here. He was going in the direction of C.uivnstown from Nelson. We went on that day to Franklyn's Flat, -where there is a deserted building; and stopped there all night. About half-past nine or ten o'clock we started on the road in the direction of Nelson, until we came to the place where we camped the night on our way down ; and where there is a large rock sticking up out of the earth.

Mr Adams: What took place then ?

Sullivan: We put our swags in the bush on the upper-or left-hand side of the road going to Nelson. We all stopped there,, these men (indicating the other prisoners) and myself. Whilst, we were there, three men pa«sed by with cattle coming from Nelson. After they went by. Burgess put tho fire put, and put fresh caps on the firearms. He gave me a gun, the double-barrel now produced.

The Magistrate : Where were you all the time (he men with the cattle were passing?

Sullivan :We hid ourselves in the bush. When Burgess gave me the gun, he kept one to himself, and gave a pistol to. Kelly, and another to Levy, and ho also gave Kelly and Levy a knife each. Burgess did not have a knife.

The Resident Magistrate: Do you know which pistol Levy bad ? *

Sullivan : Yes, he had the pistol that lie called his own, the silver-mounted one.

Mr Adams: What took place then ?

Sullivan : Burgess then selected an ambush from amongst us to intercept the four men coming from Deep Creek, who I supposed to be Mathieu and his party. Burgess put us through a sort of drill, showing the movements, and how we were to act when the menappearod. We then cleared part of the bush, making a clearance so as to see if any one came along the road quickly so that we might be prepared. This was cleared on the upper side of the road, a few yards from the cliff; after doing this a man came past on a grey horse ; I recognised him as Mr Birrell. After he came, Levy proposed to Burgess that as the four men must be close at hand, he and Burgess should go and reconnoitre, and see if they were approaching.

The Resident Magistrate: Where wereyoustationed, You say you were all told-off, what place had you ?

Sulliran : I was stationed at the creek with a gun. a little below the rock. Burgess and Levy went away to reconnoitre, and were absent about half-an-hour. They came back in great ha»te, and said they had seen the men leaving the flat, and that they would be here very soon. When Burgess and Levy came back, I called their attention to a man and a woman coming down the hill from the Nelson side. I could not tell that they were the same persons as gave their evidence here. I knew-one of them was a woman, as I saw her dress and heard her voice, but I did not see her face. We all kept our divisions ; Levy and Kelly were behind the rock, and myself and Burgesa were in the creek near the bottom ; the creek is about 80 or 100 yards distant from the rock, and on this side of it.

Mr Adams : Well, what happened ?

Sullivan : I had a conversation with Burgess while we were waiting together in the creek. I asked him to allow me to form one of the party to go into the bush with the men, and he said no, the work was all laid out to each man, and that he could not alter the arrangements, and he would not comply with xay request as we had all to keep to our stations.

Mr Adams : Had there been any previous arrangement as to what each of you were to do ? Sullivan : Yes ; I was to take possession of the road.

Mr Adams: What do you mean by " possession of the road ?"

Sullivan : I was to stop anybody that came along,

Mr Adams : What were the others to do ?

Sullivan : They were to take the men into the bush, tie them up, and take what they had ; and I had to stop any one on the road, and if they would not stop, then shoot them. I have to tell something about the straps. While we were in ambush Kelly took all the straps off our swags, to try the strength of them. Some of them broke. We wanted eight, and to make up the deficiency he asked me for a sash that I wore. I gave it to him, and this with a handkeichief made up the number wanted. He bound the sash round his waist, and put a heavy Crimean ehirt in a loose way over him. We were all in ambush when the four men came along. >

Mr Adams: And when they came along, what then?

Sullivan : Burgess stepped out from the creek when the men were six or seven yards off. Burgess was in advance of me. I did not know the men, as I had never seen them before. There were four of them, and they had a pack-horse heavily laden.

Mr Adams : When Burgess stepped out from the creek, what then ?

Sullivan: I stepped out with him, a little behind. I saw the four men, and then I saw Levy and Kelly come up behind them, each with a knife in the one hand, and a revolver in the other. Nothing was said when we stepped out from the creek except by Burgess, who toM them to " Bail up," at the same time presenting his gun. I went up the hill to keep the road. The four men all fell backhand put their hands up as if in fear, and to prevent things coming to a case. They all fell back in a stooping position. Kelly and Levy came down behind the men. I saw them at about twenty yards from the men. Kelly went over to one of them, I could not recognise which at the distance, but he was a man with a big beard; and told him, swearing at the same time, that he was " very near a dead man." • I did not see him lay hold of the man ; I could not from the position I was in, because I went up the hill to watch the road. Prom the rock we could see half-a-mile on the Canvastown side, and about a quarter-of-a-rnile on the Nelson side. I remained there watching.' Mr Adaim : What was the next thing you saw ? Sullivan: Levy then came up with the horse, about five or six minutes after the men were bailed up. He led the horse up into the bush behind the rock, and tied him up.

The Resident Magistrate: Was this the upper or lower side of the road ?

Snllivan: The upper side, sir; we could take nothing below the road ; it is too precipitous. Levy asked me if the horse could be seen from the road, and I went down and passed along the road, and told him no; and then he went away. About twenty minutes after he left I saw a man coming towards Nelson from Canvastown, and then I saw at the same time coming from Nelson, a chestnut horse ; I could not see its rider, but only the horse through the trees. I hid myself in the bush; and then heard the word " No" given simply in answer to a question; but I was too far away to hear the whole" of the conversation. I did not know either of the two men. They both passed on.

Mr Adams : Well, what took place after that ? Sullivan: About ten minutes after they passed I heard six shots fired in the space of two minutes.

Mr* Adams : Did the shots appear to be far off?

Sullivan: The echo seemed to come opposite from where I was, as if up hill. I shifted ray position down into the valley, as I became alarmed, because I thought the men had turned round on the others, and that a general fight had taken place. About a quarter of an hour after I changed my position to the valley. I saw Burgess come out of the creek. When I saw him coming, I also saw Levy behind him.

The Court here adjourned for balf-an-hour. One re-aaiemblinj, 'f

Sullivan proceeded •with his evidence:—When Burgess came p,ut of the creek he looked at me, and I looked across to him. I asked him what was the cause of tho firing. He said the others made a mess of it. He knocked his man over with the first shot.

Mr Adams : This was Burgess that said this ?

Sullivan: Yes, Bir. He then asked me what I was doing at the other side of the road, and at the sime time he asked me if I had searched the swags that were on the horse. I said no, and he said " it's a good job you havn't, because you need look in nothing only in (he portmanteau," where he said there was 45 or 48 ounces of gold. This took place near to the horse, Kelly and Levy both were present at this time. They had all come up during the conversation with Burgess. The horse was at the place where it was originally taken to by Levy. I took the things off the horse, and they assisted me. The portmanteau was opened, and inside was a leather satchel the same as people flurry across their shoulders with a long strap to it. Burgess took out of this two bags containing gold, and another bag containing penny pieces. One bag contained a larger portion of gold than the other. ["Courier bag shown.] The satchel was of this description; it was like 1 his exactly, except that it was nearly new, and bright and clean in the leather. The penny pieces were thrown away indiscriminately about the bush. There were three straps which Burgess took with him. Twoof them had two letters marked on them in ink about from four or five inches from the buckle. Kelly cut off the letters from one of the straps, slicing off a piece with his knife. -These straps were taken because they had lost some of their own in the bush. [Strap shewn.] This is one of the straps and heire is the place where the letters were cut ofF.'part of the ink is still remaining.

Mr Adams : Have you seen that strap since it was taken a wny from Kelly ?

Sullivan : I saw it about a week ago ; I was shewn it by the police, bat I had previously described it to them.

Mr A dam 8 : What took place after you examined the portmanteau ?

Sullivan : I was left with Levy to re-pack the horse, and Burgess and Kelly went to re-pao-c the swags, and to leave anything that we di 1 not. wish to take with us. I went on ahead towards Nelson with a double-barrelled gun. There was no more conversation as to what had become of the men. No questions were asked, and nothing more said. T was sent en before to watch persons coming up, and tosot them. I was also told to look out a place to put the horse away in. I put a shirt which had been torn into a bundle and placed it three feet from the road to mirk the pic •; and then I threw away the guv as far as I could into the bush ; it was capped and loided. The reason why I.threw the gun away was Burgess had said irf> the morning, that if this affair went off all right, this gun was to be thrown away, and he would provide himself with a new revolver and give me his gun. I selected the spot where the horse was to be' taken to be. disposed of, but it would not go down hill. We went about thirty yards further, and Levy attempted to take him down, but got frightened at the horse and then Burgess seized fie halter. I cleared the road the horse was to go and he was led down blindfolded with a handkerchief over his eyes. Our intention was to take the horse down to the bottom of the valley and let him go, but he fell over a tree and got jammed, and could not rise. I took the swag off and attempted to get him up but could not, and Levy came down with Burgess's gun, the left hand barrel of which was not discharged, and I took the gun and shot him in the star on the forehead. He died instantly. Levy, Burgess, and I then cut down boughs and covered the body of the horse, and came away.

Mr Adams: What followed then ?

Sullivan : I was sent on before, and told to light a fire and prepare tea at the old chimney. They all came up ; and Kelly and Burgess undid their swags, and took out some pocketbooks, purses, and three bags of gold. I was called to pick up some money: four heaps of gold were lying on the ground at the time. It was dark then. Levy and I gathered boughs. I piuked up the money ; I was told there was £16 135., but I found there w.-is oaly £15 13s.

The Magistrate: Have you any idea how much gohl?

Sullivan: Burgess recounted it likewise; he counted also Kelly's lot, and found there was only £15 13s. in it, and it was to be made good next day when the gold was sold. Burgess and Levy's lot was £16 13s each. There was a great quantity of bills, papers, and letters with them, and those were all taken together and put into the fire and burned. I was going to put the purses in the fire, but they all laughed at me, and Burgess told me I was delirious, and that there was brass and iron work about them which would not burn. They told me to put them to the foot of s tree, which I did. We then proceeded on to Nelson. "We avoided the first house we carre to ; at the next house a woman came out and told a dog to be quiet. This would be about eight o'clock at night; it sras very dark—could hardly see the road before us : it was very dangerous on the road. Burgess carried a gun, and Levy and Kelly a revolver each. On crossing the river, Burgess and Levy slipped on the stones and fell in the wnter. We passed on till wo came into the Maitai Valley, and there Kelly discharged two barrels of his revolver ; Levy's would not go off', because it was wet. We travelled on till we came to the bridge .'htoss the river at Hardy-street. And here Levy sa.'d we had better take ti bag of gold each, and not let one have all the gold ; I got one, Kelly another, and Levy another. We had orders not both to go to one hotel, we obeyed the order. Kelly saw me to the Mitre Hotel, kept by Mr Owens, and left me there. He did not come in.

The Resident Magistrate: What time did you reach Nelson on Wednesday night ?

Sullivan : It was exactly twenty minutes past nine when I went into Owens' hotel. Mrs Owens was in the bar at the time. Levy afterwards told me where he and Burgess were staying. Next morning Kelly came to the house and coughed, and signed to me to follow him, which I did ; he did not speak. I went after him as far as the corner of Trafalgar-street, and he told,me he was staying at a hotel a little higher up. He asked me to in;roduce him where I was staying as an old schoolmate of mine ; I did not do so then, but I did afterwards. We were all to meet at the wharf at ten o'clock. Kelly and I went to the wharf, and Burgess and Levy a few minutes afterwards. Burgess said that the gold must be sold that day, and that it must be mixed and sold in three lots different from the original quantities. He then sent me and Levy to do that, as he wanted to have a conversation with Kelly about something else. We went along the road to do this. Levy put a handkerchief on the ground, and I observed blood on it. I called Levy's attention to the blood, and he said, " Yes, that came off the fellow I choked." Up told me to look at my sash, .as there might be blco I upon it, as he had used it too. He put a stone into the handkerchief, and it was thrown into the bay. There was a large brown border to the handkerchief. Burgess was away with Kelly, and while they were away Levy related to me the manner in which they had killed tho men.

Mr Adams : What did he say ?

Sullivan: I asked him the motive he had in strangling the man, as I thought they were all shot. He said, No. He and Kelly took one away while Burgess stood over the others, and said they were to take him to a supposed party already bailed up, and that they had to take them away one at a time and hand them over. After Levy and Kelly had been away to destroy this man, they came back and told Burgess that Charley should say that he had better let them all go, as it was getting late.

Mr Adams: Who was Charley ?

Sullivan: A supposed person sir; who was made believe to be doing duty over the others that were supposed to be bailed up. Th' 3 was said to quiet the feara of the other three men. Burgess said they need not be alarmed if they should hear a gun of fire-arms go off, as it would be merely giving a signal to Charley, to let him know that they were all gone ; and with that each of them took a man away, and they were led away quite cheerfully.

Mr Adams: Did he tell you whr.t they did then ?

Sullivan : Yes, he said that Burgess discharged his gun, and when he (Levy) heard that he fired three shots at his man and then covered him up with stones that he never would be found.

The Resident Magistrate: Did he describe the place they had taken the m«n to ? Sullivan : No, not particularly, he said they had to pull them up a hill partly at a steep place. The Resident Magistrate; Was this the Mine place

where you described fhe bodies would be found ? Sullivan : Not the snme place I believe sir, but I dont know exactly. This was.all the conversation that took place about the matter then, and Kelly, and Burgess thVn came up and we went up the streetl} to sell the gold. I went to the Union Bank, and I saw Levy go into the Bank of New Zealand. The gold was in three bags. One was given tome, one to Kelly, and another to Levy. We had to sell this gold, and be back at 12 o'clock to meet on the other side of the river. I sold my gold and got £106 7s. 6d. We had to bring; back receipts for the gold we sold; and we all did so. Kelly got a printed note showing the amount from the Bunk of New South Wales;. Levy had one from the Bank of New Zealand, and I had one from the Union Bank. Kelly got £76 some odd shillings for the gold he sold. J. do not remember how much Levy's came to. By the Resident Magistrate: The gold was all poured together into Levy's handkerchief, and mixed there, nnd then put into the different bag.*, in different weights so as to make it anpear different from the quantities that were originally in the bags. This lot of gold came to over £220, nearly £230. There was some other gold besides this. Mr Adams : What was that ? Sullivan: After we returned from the B-mks and all met together, some conversation took place, and it was agreed that Burgess should go to the Bank of New South Wales, to get notes for the sovereigns which we had got for the gold sold. While he was away, Kelly took out of his pocket book three or four nuggets, pretty large ones, and asked what he was to do with these. Tt was agreed that I should go and sell them, and I did so at the Union Bunk, and got £5 3s. 4d. Burgess got his own and Levy's share of this money, and 1 got my own and took Kelly's to him. On the same day, Kelly and I went to Merrington's where T bought a hat. I called there agaia and got several other things. Next day Kelly went to a tailor's. Mr Pitt: Were you with him P.^ Sullivan: Yes, he introduced me there. I put on my new clothes on Thursday afternoon. Burgess had his on when I "first saw him that morning, and Kelly had on new boots. Mr Adams: Had you any conversation with Bui'gess when you saw him on Thursday morning ? Sullivan: Yes, Burgess told me where he ani Levy lived, and particularly requested me not to call on him. He said that they had tried to get into the Otago Dining Rooms, but there was not accommodation for them ; and they stayed at the Oyster Saloon ■where they had to sleep on nets, under which he had hid' the gun and the revolver. It was not comfortable he said, but it was safer than a hotel. We had all a good deal of conversation on our different condition, I telling how comfortable I was, and they, Levy and Burgess saying how uncomfortably they were lodged. Next day after the arrest of Levy, Burgess told me that he had got up .in the night and taken away the gun and pistol, and had planted them about half a mile off, and they were all safe. The gun was double-barrelled with a flaw of some kind on the left hand barrel. On Tuesday morning the day after Levy's arrest, Kelly came to me with the pistol he had, and a bottle containing something, and we went and hid them in the bush on the other side of the river. One of the witnesses who was examined saw us too. 'This was Birrell who was near the place, and we thought he was watching us, because he looked at us so narrowly. Mr Adams : What was in the bottle ? Sullivan : The bottle which is a small glass jar, was when I first saw it labelled " Strychnine." Kelly always hnd this bottle with him, and the first time I saw him with it was when he took it from below a fallen tree, about three miles up the Gt-rey. Mr Adams : Did you take the label off? Sullivan ; No : it was off when it was put into the bush. It had been rubbed off by usage. Mr Adams : While you were in Nelson were you and Kelly always together? Sullivan: Yes; I was never away out of Kelly's sight, unless when I was in bed; where I went he went with me. This closed Sullivan's statement. On its being read over to him, he corrected one part where it was

stated that the party had "no money" to ply for the boat to take them across the Wakamarina river; " what I said" he remarked, " was, that we had not money to spare to pay for the boat." In reply to a' question from the Bench as to Birrell passing on horseback just before Mrtthieu and his party came up. Sullivan said : —Birrell came on us very suddenly ; we had no time to hide in the bush as we did when the man and the woman came up previously. We had only time to run back from the road. Had he turned his head as he rode past he would have seen us behind the rock. He came so quickly that we had no place to fly to but the rock, and had he looked round he would have seen us there. Mr Sharp having completed the reading of the evidence, asked, Is that all right? Sullivan : Yes, it is all right, and all true, every word.

He then signed the deposition. Mr Adams then shortly addressed the bench ashing for a committal; stating that there had been ample evidence laid before the Court to warrant a committal of the prisoners for trial. It might be, that, between this time and the trial, further evidence may turn up ; and if so, that would be produced at the trial. He isked for a committal of the three prisoners at the bar. The Resident Magistrate said : Now, prisoners, you have heard the whole of the evidence, and it will be my duty to commit you for frial. Ho then gave them the usual caution in the following terms:—" Having heard the evidence, do you wish to say anything in answer to the charge. You are not obliged to say anything unless you desire to do so; but whatever you say, will be taken down in writing, and may bo given in evidence against you upon your trial; and you are also clearly to understand that you have nothing to hope from any promise of favor, and nothing to fear from any threat whioh may have been holden out to you to induce you to make any admission or confession of your guilt; but whatever you shall now say may be given in evidence against you upon you* trial, notwithstanding such promise or threat." Mr Sharp asked each of the prisoners whether they had anything to say ? Burgess: 1 reserve what I have to say, sir, until the trial before the Judge. Kelly: I know nothing about it; lam innocent. Levy : I have nothing to say at present, air. Burgess spoke iv a slightly tremulous tone, Kelly with a clear, gentle, and soft voice like a woman*!, and Levy gave his brief announcement with an offhand almost jaunty sort of air. At this time, either from the people leaving the gallery or from some expression of applause, a noise was heard in the Court. The Resident Magistrate called order in the Court, saying it was very wrong to make such a noise, and - that he would be obliged to clear the Court if it was- r"/ not stopped. He also said that he hoped no one would repeat the cries and attacks of that kind made on the prisjners when they were outside. How could they expect to have a fair trial if people were put up in that Kind of way ? Addressing the prisoners, he said , Prisoners, I sha.l commit you for trial before the next Sittings of the Supreme Court, to ba held at Nelson. There will be a Special Sittings, to be held here on 12th September next, when you will be tried. Burgess, in a low voice, said " So soon ?'» The three prisoners. Burgess, Kelly, and Levy, were then fully committed for trial on the charge of murdering Mathieu, Ketupthorne, Dudley and Pontius. Mr. vdamssaid that this committal was in the caso of Mathieu and the three other men who were with him ; and he supposed his worship would commit them also in the case of Battle. The Resident Magistrate said he thought the evidence in Battle's case very incomplete, and could not commit the men on that charge, but he would remand them if Mr. Adams would be prepared with farther evidence ...

Mr. Adams did not know of much other, evidence that he. could lay before the Court; but he might be able to bring forward more. The prisoners fete then all remanded until 9'h of August, on th«oharge of the murder. of Jamet Battle.

THURSDAY, AratrsT 9ra, 1860,

Burgess, Kelly, Levy, and Sullivan were again brought before J. Poynter, Esq, Resident Magistrate, his Honor the Superintendent, Mr J. W. Barnicoat, Mr Sinclair, and Mr Hunter Browne, Justices.

Scrgoant-Major Shallcrass, sworn: I received information on the 28th Juno last, from the prisoner Sullivan, that he wished to make a statement. I received that communication. Sullivan made a statement to me relative to Battle's murder. I wrote down ■what ho stated ; ho said that Burgess, Levy, Kelly, and himself started early on the morning of June 12th from the Wakamarina to come towards Nelson. Witness then read from his record as follows:— " I walked on some distance ahead, and made a fire for dinner. My mates came up, and while we were at dinner an old man passed towards Nelson. After he had passed, one of the party, I do not know which, Baid ' Did yon notice what a poke he had ?' meaning, did you notice the bulky appearance of his pockets P I said, 'Oh ! he is an old ragged man, and not likely to have anything on him.' Levy remarked, ' If I have my will nobody shall pass to-day.' I was deputed, being the fastest walker, to follow the man aud get him in conversation, to ascertain where he came from and what means he was likely to have. I overtook and conversed with hire, and ho said he had been •working for Wilson cutting flax ; that he was an old ■whaler, and that he was going to Nelson to get a ship. We stopped for a short time at the Tiuline bridge, and while there my mates came up, and the old man ■went on. I told my mates who he wns, and said he had got nothing. Burgess said it was a bad thing to let any one pass, ' he is sure to know us, particularly you' ; Levy said, 'I observed a bag in his pocket,' and Kelly said the same. I went on after the old man and got into conversation again, and shortly afterwards the others enme up, lhirgess said to Battle, ' Come old man, I think you have some gold on yon,' at the same time presenting a revolver at. his head. The old man drew a sheath knife from his side, and resisted. Levy took hold of him, and fastened his arms with a strap. Battle said, ' Are you going to murder me' ; ho said this in a very loud tone of voice, when one of our men replied, ' We will if you let the pay out,' meaning if you hollow. Burgess then sent me up the road and Kelly down the road to intercept any person who might be coming along. Shortly after I came back again and met Kelly. I heard a noise like persons coming through the underbrush of tho bush (ilds wa3 opposite where the old man had been stopped). Levy was carrying a long-handled shovel, and Burgpss had a revolver. Three £1 notes and a small quantity of silver was taken from the old man ; Levy was banker and kept the money. I did not know what had been taken from the old man till we camped for the night on Franklyn's Flat."

Mr Adams : Was anything said about Battle being " a tough old man." Witness: No, but I heard it afterwards said that such had been stated.

Mr Adams : Did he afterwards tell you where the body was to be found.

Witness : Yes, the body was found by one of the Search Party, named B;tker. Cross-examined by Mr Pitt: Sullivan told me that they afterwards came on to Nelson ; he told me that on their way to Nelson he had planted his shirt. A Bhirt has been found ; I do not think it has been shown to Sullivan ; he may have seen it. It answers to the description of the shirt he says he hid ; I got the shirt from Constable Martin, tfc was in my possession until yesterday afternoon; Dr Cusack has it now. Tho reason why this shirt has not been produced is that the prosecution has not asked for it. All the things tending to eorroboratf Sullivan's statement have not been produced

Sullivan asked the witness if he (Sullivan) had told Mm the spot where the body was to be found, or only the loenlity ? Witness : It was the locality and not the spot. Mr Adams said that was all the evidence ho had to produce.

Mr Pitt submitted that the only evidence elicited was against Sullivan himself and not the other prisoners.

Mr Sharp having read over the evidenco given by fire witnesses at a previous hearing,

The Resident Magistrate gavo the usual caution, and asked if the prisoners had anything to say.

Sullivan : I have no statement to make beyond what I have already said, excepting that the statemont I gave Mr Shallcrass was rather brief. I have given a more detailed one as to the way the men were destroyed, gathered from the information T received from the three other men when at the camp fire. I refer to that which I sent to the Crown Prosecutor. I wish also to say that while I have been in Gaol I have been threatened by Burgess and Kelly that they would hang me.

The Superintendent: Did they say they would hang yow, or get jou hanged ?

Sul!ir;i:i:. That they would get me hanged, Sir. Tho morning after Levy was taken to the lock-up, they said they would " cook" me. Kelly has threatened that he would see me hanged, and then "go and squeeze " my wife and children.

Levy declined to say anything, and Kelly said he had already said he had nothing to say—he was innocent.

Sullivan said Burgess had composed a verso reflecting upon hi 3 wife at Koi'ong.

Burgess then produced a statement which he said he wished to read aloud, but he would ask the Court to remove Kelly and Levy, so that Sullivan alone might hear it.