POLICE COURT.

Colonist, Volume IX, Issue 927, 14 August 1866, Page 2

POLICE COURT.

EVIDENCE OF THE BANK CLERKS

FRIDAY, JULY 20th,

Burgess, Kelly, Levy, and Sullivan, were brought «p on remand before : Mr Poynter, Resident Magistrate, His Honor the Superintendent, and a number of other Justices of the Peace.

The attendance in.'the "'Court Boom : was much thinner than on any of the former occasions of the prisoners' appearanco, though the galleries were well filled with earnest auditors of the other sex. The certainty that. Sullivan would nuiko no statement to-day no doubt took awar much of the interest from the proceedings ; and this, together with the expectation that few important wil nesses would be examined, tended to cause a rather, small attendance.

John Lcthbridge D'Albedhyll, deponed : I am accountant in the Bunk of New South Wales in Nekon. I recollect some gold being sold at ourbank on Thursday, 14th June last.- Tho quantity 'bought by the bank that day was 21 ounces 6 dwt 14 grains. . That was the. whole-amount bought that day. It was in two lots ; one lot was a parcel of 7 dwts., and in the other was 20 ounces, 19 tlwta, and 14 grains. This was all Wukamurinn gold. It was sold by two different persons; I could hot say positively who.

The Resident' Magistrate : Look at the prisoners. Do you recognise any of them as the persons who io!d you gold P

Witness: I am not prepared to SJrearjl have heard so much out of court that I would not undertake to swear to any of them distinctly.

The Magistrate : 'What is your impression ?

Witness : My impression is that it was Kelly from whom I bought the larger portion of gold ; but that impression U very slight. The price given for the 20 ozs 19 dwts and 14'grs., was £7G Us 6d at tho mtd of 73s..per ounce.

The Magistrate-. Can you at all tell in what money the gold was paid for ?. ;

Witness : I cannot state. ..-.'■ The Magistrate :; Are you in the habit of taking the names of the persons you buy gold from P

Witness : The small lot was sold at tho same price ; this was Wak'tiinarina gold.; it ii? 3s. an onnco cheaper than the rest. Tho gold was sold jis Wakamarina gold; arid was acknowledged to bo s\v\\ by the sellers. •John Lyull,sworrl: I'nm a clerk" in the'-Bank! of New Zealand; I recollect purchasing four lots of gold on the 14th of Juno l"t».«'t; I recollect purchasing ono particular lot of gold, consisting of "eleven ounces teii penny Wrights and twenty-one grains. I do not recollect how it was described, but"! believe that lot was Wakiimarina gold ; Wakftlnat'inn gold is distinguished by i's" different general appearance. This lot was bought, at £3 13* 3d per ounce; that is about the price of Wakamaritm gold. The amount of money paid forthU lot was J&l2 5* 01 ; I do not know in what money .this was pt\id.- This was nottho only .lot pfrWak'imarina gold I bought that day ; auothor parcel of loz Bdwt« and Bgr» at #3 13* per ouuee, for which, £5 3* 44 ifm paid,

Tho Magistrate: LooV at the prisoners, and, say whether or not-yon can recognise any one of thorn as having gold the gold. ; Witness; T cannot swear positively at to.any of, the prisoners ; my belief is that I bought the smhller quantity of gold from Sullivan. |

Oliver Wakofield, sworn : I am a clerk in the JTew Zealand Bank ; I was present on tlie 14th June lost, when somo gold was sold in tlie bank. I caiinqt recollect the particular lots fhat wore sold thut day; T saw Sullivan jn the bunk on Hint day selling gold ; but Ido not know what particular lot he told. The trold was shown to mo ; it was in largo nuggets, and I believe it wiis Wakamarina gold. • I"'cannot swear as to the quantity soil ; T do- not know the weight. It was bought by Mr Lyall, the teller.. , Br the Superintendent: Ido not recollect ;the quantity. By Mr Sharp:, It was shown to mo for the purpose of my valuing it, and stating the price, and T fixed it at.£3 13 <an ounce. Tt wiw sold ns Hdkitfka gojd ; the person selling it said it was Hokitika gold ; but I knew it, was not. I cannot swear for certain, that; it was Wnkaraarina gold ; but I valued it,, and took it as sneh. . . .. ; : ; : . . William Duncan, sworn •. I am clerk in the Union "Bank of .Australia ; T bought some gold on Thursday, 14th Juno last; but I don't, recollect any : particular parcel. I produce a note taken from tho books of lots bought and entered that day. I bought one parcel of 28 ozs 1 dwt 18 ers, at £3 103 9d por ounc!e; tho amount paid being '£106 7a 6d. I got a nnme from the per-on who sold that gold, the name was Everett. Ido not, recollect the person who sold it'to me. I cannot, identify any of the prisoners as the person who sold me this parcel. I have a note of the teller's marking off the particulars. I do not know the quality of the gold ; I think it .likely the person who sold it may hare said something about where it crime from, but Ido not remember. I am not sure if it had been sail tlmt it was Grey gold. That may hnve been said ; that was about the price for Grey gold of average quality. It is ascertained according to the quality of the gold. Mr Pitt: You said that was the price for Grey gold of good quality f ; Witness : Yes, T said that.

By the Migistrate: Tt is difficult to know Grey gold from any other. Theophilus Slahillo: Tarn a Civil Engineer, and was pne of trie search paity <n Monlay, the 18th June. I accompanied the police on the search fpr. (lie missing men ; we went on tho road to the Maunga-! tapu ; my attention was called to a piece of paper at an old chimney half way up the mountain. I was sitting Unite taking a rest along with four-men from Deep Creek. At that time the police pa'ty was h ilf--fl-rnile a-ho«l with the horse. This was absut five o'clock. In the chimney there were marks "of a recent fire. The first thin^ I noticed was a heip'nf btr-tiud paper. I afterwards picked up a piece of newspaper containinjr a Mack Bnbstare™, whic'i 1 fist thought was black sand. 1t ok possession of the paper. A few days after I gave it in charge to constable Hradcnckf (paper produced ) It.is the same paper. 1 looked at the d.ite of the. paper at the time. The date is the 3fHh of \lay. It is a piece of the MarJborovgh Press of that date. I found two pieces of l>ft;<N at the same place, and gave them to Pradcck. I saw. another piece of paper found. Harry Mope and 1 searched about the chimney. He fi.und another piece of paper containing pepper. I noticed at the ti:nu that, the second piece, fitted on the first piece exactly. I fitted them together at the catnip the same day [Paper produced, and fitted along with the first piec-.j Next day, ahmt. the 'place called 'The Rock. I found a piece of paper some 40 or 50 feet on the lower si 'c of tho mad opposite the rock. It was one leaf of an English Grammar. Ido not remember whether am one was present with me at the time. There was a namo <n it in writing. The name was Th. M'Orath. '

. By Mr Sinclair : I am referring to a memorandumbook in which I entered daily at tho time things occurred all the occurrences with which I was connecter), as I keep a log daily. I-have not got the last piece of paper. Joseph Bradcock, sworn : I am n policeman and was on duty on the Maungntapn. Mabille gave me a bag, a piece of paper contnining some gunpowdpr, and piece of paper containing some pepper. .The bag w.s a calico flour-bag, and the piece of paper was a newspaper. I noticed next day that they were pieces of tho Marliorotiffh Press. [Identified the pieces marked in court, B. and 'C,~\ I gave the pieces in charge of constable Marten to bring into town. I know them by the reading of the date and can swear to them. I was present with the search party when the gun was found. I saw the man rise from the ground after picking it up. This was about twenty yards down on the lower side of the road, about one hsmdred yards from where the dead horae was. The gun was loaded and capper!. T sent it into town by constable Marten to Mr Simllcr.Jss.. I know it by a Jiitle piece of hoop iron which had been put through the stock to keep the bavrelj ?>-8 the key was gone. I did not tee the shot d.rnwh from the gun. [Gun produced and identified as that found.] Henry Martens," sworn : lam a constable. I was on duty oil the search party. Bradcpck gire into my hands for safe custody some swags and trunks. This was on the 22nd of last month. I received some gunpowde^,, and two pieces of newspapers. One piece contained pepper, and the other gunpowder. I did not take parlieular notice of fho paper, but-T gave them Mnto the hands of Mr Shallcrass. I next day received a double-barrelled gun from Rradcoek. T also gave thnt. to Mr Shallci-ass. Tt was in the same state when I gavo it ti Mr. Shallcrass as when I received it. from Bradcock.

John Fitzgerald, sworn, said : T am a constable. I was on duty ot the lock-up on the evening of 19th. June last, when Burgess, Kelly, and Sullivan were brought in ih custody. Tliev were taken that night. I did not search them. Constable Murphy searched them, and handed the articles to me. I took a memorandum of the articles:-as constable Murphy took tiiem off the men. I made a list of the articles found on each. Burgess save the name of Richard Hfenrv ifullin, and from him were taken three £10 notes, one £5 note, five £1 note?,' one sovereign, ..one halfsoveraign, and 2a. in silver; two screws and one purpe. I handed ; all the things over to the Sergeant Major. From Kelly, who givo -the nam§,/-"6f Thomas Noon, were taken one £10 liote, three'£s notes, 3 sovereigns, 1 crownpieec, 1 $ erownpiece, 1 florin, 3% , 4 sixpences. One miner's right, one watch guard, two wooden pipe.l", one tobacco pouch, one purse, one porket-book, 2 pocket handkerchiefs, one. clasp-kntfr, one rieoktie, one skein" of thread, two bottles, 3 reeeiptpd bills, 2V leaves of an English Grammar,' one small piece of .Tweed. '■'£ Articles produced. On the piece of English Grammar was the name Thomas M'Grath, Wakamarina diggings, I now hold in my hand a piece of paper which is a copy of the list of avticlc's taken from Sullivan, who gave the mine of John Joseph M'Gee, when apprehended. One £10 note, one £5 note, four £1 notes, 1 shilling. 4 sixpences, 4 precious stonos, small rubies, I think one meer chaum pipe, one clasp-knife, one metal match box, ono. tailors needle, one new leather purse, one necktie. I gave the whole of these up to Mr. Shallcrassi • ■ ■ .'■

Hv Mr Pitt: [think I tore up the or'gina 1 m^moran • da,'hat I made the copy myself. I hud each; man's things separately, and kept them-(separate until I gave tlicm into the hands of the Sergeant Major. Sergeant Major Shal'crass sworn: I: was present when f.evy wits'hroiii>ht up to the lock-up by the 'constables, and searched him. I found' on his person, one £2 note, two £10 notes, ten £t note*, 1.3 sovereign one half «< -wreign. five shilling*, thro*, sixpences, one gold watch, chain, and locket, two finger rings, one ws.tch key, one pockethook, one tobacco-pouch and to';neeo, o'ic mpprsehrt'im pipe, one clasp'knife, one lead; pencil, one matchbox and gome matches, one necktie, o^o small piec" of tohsero, one button, one . sli'rt coll m;. one pocket handkerchief. ..somo pieces of p*per. •■This list, was mirte by me afterwards; I-had of the things which were all tied-up. I c*h dcta'l thft statements made ly Levy• when he wa* bimjrht to the loclt-nn The s«uno night in the loik-up, a*k<Hl him « he re he had come from. He said ho had walked ov(>t land from the Bailer alone, that h'j w«s at Deep Creek on Smdaythe 10th June, that lie came down from Deep Creek on the following day .to Canva^'own alono. Thpt he"could not. tell where he slept on Monday night; but that he slept alono on his oppowim nig, S'Mijo distance on this sido c-f lh" W^kaniaiina River, that ho afterwards walked into Nelson olone. that he had no mate, and he refused to tell whoie he was lodging in Nel«on.

The Resident Magistrate: Did you at any time receive infnrnmtion from which you were led to beHoto that you could find the bodies of- Kemptliorne and the throe other men f

WilntM; I did,

' ■ Thb-Resident' Magistrate :' Suto whai you (J|.i. fonsiequenee'of that information. la

Witness: I went up the Maungatspu, nnd co municated with Mr. Charles S-ixton, wlio Wa| .' charge of the search parry employed searching f OP clend bodies, I told Mr. Saxton where Uie bodi' would be found. >e>

Mr. Sharp : Were they found ? •Witness :■ They wore found noaT about the spot; dicated. S une days after the men were arrested T received from Robert Carter, of ths Lore! Ni>L. Hotel £20 on nccount of Kelly."who'had been I O rU;J nt. Carter's house. After that I received £20 oij.? count of Sullivan, from Sullivan himself. I a j' received n, small nugget-of gold from Sergeant £■' wards. It had been given by Sullivan to MVs Oirc n ' I also pot from Sergeant Edwards n sheath l n j)' delivered along with Kelly's swag (Knife andslieatj! produced.) Kelly's B\va< was ideutified by «t , markuble opossum rug, which whs noticed by \\ storekeeper at Cnnvnstown. _Th,erfi ia one-remArkaU thing about tlio knife, and that is that it is sharply at the point on both Bides, buck and front. I re _ reived all Uie articles produced by the previous »it! tippsess. Tliey are in the sanie state aswhen I re , ccived them, exeppfcthe gun, which was'londecl, but the r-harges of which are now drawn. The charges of the gun were drawn in my presence. There was one bullet, in each barrel ; I produce the bullets. 1h» bullets vero each wrapped round by a piece of broirn paper, as they were small for the b-irrel of the g an Over the powder, as a wad, «ere two pieces of news! paper, one in each barrel. I nroduce theso pieces of paper. (Marked in Couvt, H. J.) They are two pieces of the Marlborouyh Press of May the,3oth Those pico js of paper are torn from the snmo nieoe of paper that the powder wn« wrappjd up in.

Mr Pitt : How do you identify the smaller plecei of paper as being torn from {he larger piece ?

Witness: Tse3iuiee they fit exactly into tlie pUey and the rending continues unbroken on both side of the yinper. v<

Mr Pitt: How do you Inow it is tho Marlboroug Press of that particular date ? !

Wilness: Becnuse I have obtained a perfect cony of tint piper of 30th May, and have compared t-lit pitces with it «nd found them ro ; correspond exactly Mr-D. Sinclair (one of the Justices) :"Mr Pitt, dj you know you are cross-examining a crown witncishave you nny right to do that?

Mr Pitt: Not without his Worship's pormisiion only with the Magistrates' permission.

Mr Sinclair: We are the Magistrates,

Mr Pitt: Of course, your honors, I Iwto no right here at all without your consent, which has hitherto been granted. ".; ?, .

The eross-examiiv tion Of Wr Shallcrass propeederl Mr Pitt: Have you.examined the Marlborond Press of provious dates. " ; ifWitness : No. ' '

Mr Sharp: Did you ever 'see.any newspaper of different, dates having exactly the same reading oi bath sides of the paper ?

Witness

No, I neyer did

Alfred Cho3termau : I am a publican at the dm. The prisoners were on board the Wullaby at tho time she arrived here on 6th June. Levy borrowfd £2 from je. Ido not recollect that he said what it was for. Ha borrowed it, on board the Wallaby wlule we were lying at the Buller. • He hns since psid me. He g-.ve me tv pound on the day h* arrived here, and a pound on the Thursday or Friday of tin week following that on which we arrived in Nelson, I cannot tell the date. Ho did not say whether hg had nioiiey.. He told me he had f hipped to the Grey some goods over from Melbouvne^-^clothing and spirits. Iliad asked him if he hnd been in busmen ! t't-h« Grey. ' He did not say anything\to learl mo to believe that he had no money. He promised to pny rri<i in Nelson. I never saw Levy before this. I told him I was not in the habit of lending money to strangers ; but he said I need not be afraid, that he would pay me in Nelson, tndso I gaTe him the vnortev. ' .■■■■■■

By the Superintendent: I took no security for the money He did not say what he wanted it for; but I supposed thnt perhaps he found himself slibr'6 of money on board the steamer after shipping goods; I have found myself so; and therefore I lent tlie money. . "' ; Dr Vickermnn recalled and examined : I examined the bodies of Kempfhorhe and the three other men. I recollect particularly examining tho body of Mathieu, There was a" stab wound in. his brrwfr, and two bulict . wounds, one where the stab was and joining the stab wound, and the other on the same sido as tK« stoi wound, but. a Httlo lower down. This stab wonnd mußt have been inflicted-by a knife or other sharp .instrument with a broad blade and a sharp point. Before my previous examination I had not seen any instilment by which this wound might have been inflicted. [The knife stated to havo been found =in ; Kelly's swag, and which was produced by Mr. ShaHcrass, was handed to and examined by the wiioew] The stab wound on Mitihieu's body would be inflicted. by just such a similar weapon. I jufJce this-parjicn-larly from the wound in the heart, which must have been made by a weapon with a somewhat conrei blade, similar to this; becnus.e had it not been coiiTei pointed, the point would have penetrated right through the side of the" heart and into the cavity of the heart itself, the /deepest part of the /wound being at the .lowest side where the instrument entered: The stab must hare been made -bj this side of the 'blade [indicating the edged, side of the weapon], and the wound was made byan upward stab. M_v* attention was never called to this knife before.. ..I.can produce the bu]lets and pieces of naper taken but of the wounds in the body of Mdtliiou and Kemptborno. [Witness, produced a small piece of newspaper, scorched and charred roimd the edges.] This piede of paper was taken from tli» dead bo'rly of Matthieu, from between the clotlics and the body, and below the wound. If is a piece of tli« Ufarlborottflh. Press qt 30th Mny. ' ',

Tho Besident Magistrate : How do yon know that , Witness : T know it. by-rotnparing it with a com* pete copy of that paper. [Witness' produced a complete copy of the Press, of 30th ■ May,' which win examined by the Bench,'and the small piece of paper found on Mathieu's body was.compared with it, and found to hnTe formed -part of that particular issue of that paper. J .'.-.. - ; ':'

An officer herefetehed ,a g.lass of water for Sullivan, who is looking wretchedly ill and broken up in sppearance. As he drank it, Kelly, who was separated from him in the dock by, Levy, leaned over the dock and.glared fiercely at Sullivan while he was drinking the water. We hatcttfren heard the expression oflhwe being '• murder iti a rhan's eye,"' but 'never jaw the phrase more manifestly exemplified, lhah in ihcsnTage and bloodthirsty look which Kelly fixed on ■SullJtsn. We are makiviff nr> comments, only stating nn occurrence, which all who were in -front of the dock, and looking at the prisoners could not fail to observe, and having obgerred woulfl-neverforgp',- ' Tha prisoners were remandeduiifil 'Hit 26th Jnl/i and were .also remanded till 4he same day, in BiiUl«'i c»«>- ■