THE CONDEMNED' CRIMINALS.

West Coast Times, Issue 319, 1 October 1866, Page 1 (Supplement)

THE CONDEMNED' CRIMINALS.

FROM THE NELSON COLONIST, SEPT. 28^ The warrants for the exeQufion of Burgess, Kelly, and Levy were signed in Wellington last Tuesday, and the law will take its course with those three convicts. The day of execution is not yet fixed, at least; it'is not known. 'Ine Governor has been 'pleased to commute the capital sentence passed on Sullivan to one of "penal servitude for life. \Ve are informed that Levy has "made the strongest prptestations .of his innocence to a minister of his creed, and to 1 one or two other gentlemen of the same | persuasion, and vhe solemnly avers by the oaths most sacred to his tribe that the story told "by Bur--gess,- of Kelly and he leaving the two others before any o*" the murders were committed, is true. * These protestations are apparently the grasping of a drowning man at straws ; but it happens,, unfortunately for Levy's story, that Burgess (as Aye are informed) has admitted that lie invented this tale of the separation for the purpose of giving Levy and Kelly a chance of getting off. The' attempt to prove an, alibi, the implied camping half a mile from Dwyer's,' the artful story of the oppossum rug and tent-cloth hung out to dry — are jjall utter failures, and Kelly's* cross-exum-iintion on these heads only elicited vn j hesitating negatives. After examination "of the place it is proved beyond a doubt (and the prosecution was prepared with f the proof at the trial, but it was not admitted, as- not necessary), that there was" 1 no tent visible, that . there was no person camping by the road side near Dwyer's, that, there are no remains of a camp fire, and in short, the feeble attempt to set up an alibi had not a shadow -of probability to support it. ' Apart from more recent v admissions, Burgess himself, in his ' cross-examina- ■- tionof Sullivan, showed how necessary j it is for the fabricator of a false story to i have an excellent memory, and not allow | his vanity or pride of supposed superij ority, to lead him into statements that ] • overturn his original tale. We quote ' the following cross-questions put to ', Sullivan by Burgess. They are. word ' for word as they were piit ; and display ■ a tacit admission .on the part of Burgess j that he, Lvvy, aud Kelly, had made ! certain arrangements on the night prei vious to the murder of the four men; to which arrangements Sullivan was not ' -privy ; because, as the otherquestions show, he was not in their confidence, ■ nor viewed as their equal. According ' to Burgess's coufession, which, however, j he now "departs from, Levy and Kelly had long before left ,the gang ; but where they went or where they camped neither of the two could tell : — ' Burgess— Why were you not allowed to go into the' bush 'with those fourunfortunate men whom we took up the ■ creek 1 ? • ' Sullivau^-I can't tell you; you would not allow me* to go. Burgess— Were you privy to any ars rangsments^of ours the previous night? Sullivan — No: Burgess— Were you considered as ■ our equal ? . . Sullivan — I don't know, not altoi gether ; I was in some things, but I L was rather your slave. Burgess — Were you in our confi5 dence ? Sullivan — Not altogether^ I was b not "allowed to know much, but was - kept in the dark about some things. 1 It is 'rather late iv the day to begin " an agitation of this kind, when, had L " there ' been ' the smallest particle of L " proof ,that the two were encamped on 1 this" side the Maungatapu on that fatal 1 day of ihe quadruple murders, the jury 1 would have given a verdict of acquittal 5 in favor of these two men. As it was. 3 no jury having the least regard' foi 1 their oaths, could have done otherwise 3 than was done ; and we doubt if there 1 is one man iv the settlement, or in th« a colony, who questions the justice o: V thejir verdict. »