THE DOBSON MURDER CASE.

West Coast Times, Issue 378, 8 December 1866, Page 2

THE DOBSON MURDER CASE.

TRIAL OF WILSON ALIAS MURRAY.

(continued.) William Henry Jamee, being called and sworn, deposed— l am* Inspector of Police in charge of tho Grey district. • I first saw the prisoner at tho bar on Wednesday night, betweon oleven and twelve o'clock, tho 30th May, 1866, at my private house, Arney-slreet, Greymoulh. He was very much excited, and said that he had omething of very great importance to eoniniunicato, and wished to soe me, This was said outside, and beforo I opened tho door. I offered no inducement or threat to the priso-

ucr, but he said that he t\ as determined to make a statement boforo a magibtrdto relative to Hill and Hunnon. I euid, " You mcuu Burgess and Kelly ?" He said, "Yes;" and that he wanted v written gunrantec from a uiagiolratc for forgiveness for what he had don* 1 , and also suflicionl mouey to leavo the pro'x iuce at once, for that if Burgess or Kolly know that he hnd communicated with the polioo rhoy would take his life. Thi& conversation was held at the threshold of tho door. I ttood on tho dooi'btep and tho prisoner on the verandah. Ho further stated that ho had walked up and clown that night outside of my place, for two hours, beforo he could make up liis mind to take the step ho had. Tho prisoner had a comforter round his neck, and wore a black waterproof coat and a dark slouched hut. Ho said nothing else just then. The prisoner wus not in custody till the sth June. I proccoded with him to Blake Town, for the purpose of making q, statement to the magistrate, lie said, "I'll walk ahead, and you follow, as I do not wish to bo seen with you." When we got to Blaketown Mr Revell, tho Resident Magistrate of Greymouth, wa3 not at home, and the prisoner said, " You must find him, as 1 intend "to walk up and down all night until I can see the magistrate." I thon left him, and returned with Mr Revell at about twelve o'clock p.m., or a b'ttle after. I did not look at my watch. Tho prisoner went into a back room of the Court House, Blaketown, and I accompanied Mm. Mr Revell was also present. The prisoner again said that he wanted a guarantee for forgiveness for what he had done* and sufficient money to leavo tho province. Mr Revell said that he could not accede to, his request, but that he would do his utmost with the Government to get him money if he could, or a slight punishment for anything he might have done. Mr Rees here rose and said that although this evidence was not Btrictly admissablo, he would not offer any objection. Mr South — Then what is the uso of occupying the time of tho Court unnecessarily. But I assert, without fear of contradiction, that, as the present prisoner was not then in custody, and as no inducement or threat was made to obtain his evidence, that the testimony of the witness is strictly admissable.

Mr Button— Well, I will object to this evidence, and have to request that the witness do withdraw.

The witness was ordered to leave the Court.

Mr Button — I will now quote from Roscoc. (The counsel here cited some cases.) His Worship — Precisely ; but the cases you have cited are not pertinent to the question at issue.

Mr Reee — I wish to point out cases to your Worship in support of my friend's argument. (The counsel then read from Archbold's " Criminal Law.") I must also say that I consider this_ confession v as obtained by Mr Revell by an inducement of reward and condoncment of past offences.

Mr South — I shall not trouble the Court with any ipsc dixit of my own, but will read from " Russell on Crimes," aud " Taylor on Evidence." (The learned counsel then read passages with reference to Admissions.) Hia Worship — It anust bo borne. in mind that tho {confession given by Wilson did not have reference to himself, but only to Burgess and Kelly, and Ihcrcforo it makes a material difference.

Mr South — I submit, your Worship, that the evidence is strictly admissible, and I think that in this view I am ably supported by the authorities I have cited. Mr Button replied. His Worship— The evidence will have to go on. Mr Button— Will you lake a note of the objection in the margin. His Worship— l will not ; the depositions will have to go before the Judge for what they are worth. Mr Rees — But, your Worship, I never heard His Worship— l do not care what you heard. Mr Button— Will your Worship take a note of my objection ? His Worship — I will do no such thing. Inspector James was then called into Court, and the examination was proceeded jyith. — Wilson said that this is only a preliminary step. Ho said that Burgess, Kelly, Sullivan, and himself had gone up tho Arnold track that day to stick up Mr Fox. Mr Button— Was this statement reduced to writing ? Witncsl— Not that I biow of jMr Revell was writing. Mr Button— Was he writing the prisoner's statement ? Witness — I do not know.

Mr Button — "Will you swear that you did not know what Mr Revell was taking down ? Witness— l will ; but I may add that I presume it was his statement.

Mr Button — I never yet knew an Inspector of Police fence counsel on asking a question. Witness — I am not fencing. His Worship — I think that the remark was most uncalled for, and I must say that from the first tho counsel for the prisoner seem to have thrown every obstacle in the way of the Crown. It was only yesterday that one of them turned round and called upon the public to boar him out in hi 3 objection, which in my opinion was most scandalous.

Mr Button — I presume you refer to me sir, but permit me to say' that I only addressed the Court.

His Worship— Yes— in a very peculiar manner.

Examination continued — I did not hear any statement read over to the prisoner. He also said that one of them had stolen a shovel for tho purposo of burying Fox, and that, tins had so horrified him (the prisoner) that he wanted to get out cf the country ; that ho had beeu a thief for some time, but never a murderer. He also intimated that DeLacey wiis their spy, and would give tho information to their party when Fox left Greymouth, aud that it had been arranged that Burgess, Kelly, Levy, Sullivan and himself should go out the next day to the same place, and for the same purposo. The prisoner then left the Court House at Blake Town, and I had a conversation with him outside. Tho prisoner was not in Custody, and I never held out any inducement in any shape or form. I then suggested to tho prisoner that he should go out to tho party next day (Thursday), and that I would see Fox and prevail upon him not to go till Friday, as I would then lake precautions to arrest the " party "on the track. Wo then parted company. I saw Mr Fox tho following morning. I accompanied Mm to the Twelve Mile. On Friday evening I met the prisoner by appointment at an hotel near the bridge at Blaketown. When I say by appointment, I mean that it was in consequence of my having received the document produced. I received it through the post, and it is in the handwriting of the prisoner. The place we mot is termed the Grey Hotel. The prisoner asked me if I had received a letter, and I replied " Yes." Tho prisoner said he did not like to sign hi« own name to it. It wa3 Bigued "lucoguito." His Worship — Will you be kind enough to read the letter. Witness — Yes, your Worship. The following letter was then read. We copy it verbatim :—: —

"Sib— We arrived in town aftor seeing your party pass by. TMngs woro so badly arranged, in the niannor in Avhi'ch tho constables were sent on tho road, that we received intimation that something had gono wrong, as two inon, who, by thoir dress, looked suspiciously liko constables, had bcon seen to go on the road, and tho look out man could see two men in tho scrub loitering about. This was enough to alarm tho party, and they accordingly retreated into the bush. We saw your large party pass by and then came in. To Bhow you what variety of ways wo have got for getting information of what is going on, tho first news that greeted us wa», that Mr Fox know ho WB3 going to be stuck up, as ono of the party that has tp be engaged in the affair

had turned round. I think you could hare hardly acted by your proiniso to mo, to let that news got "bruited about, foi; it would be the ruin of me, and also spoil any thing that I can do foi' you, if tliii slightest details of what I have told you should leak out. I hope you will toko every precaution nud not tell any of tho force, or let any ono else know what has taken place ; whatever you do, do not let auytliiug get into the newspaper of what has occurred. NolMng from tho party wanted. Take alarm al once. It would cause them to take extra precautions and not allent, if the force should spoak about my being scon on the road in their company. To exculpate me, rather let the common constables have a slight down upon me in the matter, for the party gets information through so many channels that* oven what the polico talk about confidentially is liable to reach their ear 3. I shoidd like to sec you this afternoon, at 3 o'clock, at tho first public-house crossing tho bridge; I shall bo in the parlor; do not ask if there is any one there, but walk in accidentally, if you can manage it. To throw any amount of suspicion on me in the eyes of those parties that keep tho shanty after crossing the bridge — I should like it better ; for parties will be there pumping them and enquiring what was up yesterday, and I know they 'spotted' me, so let them tMnk I had my full share in tho transaction. " I beg to remain, li Ikcogkito."

Examination continued — Prisoner then said that Burgess, Kelly, Sullivan, aud himself, had been xip tho track that day, lying in ambush, and that while there DeLacey rode up and gave them information that Fox had left Greymouth, and was followed, as he (DeLacey) supposed, by constables in disguise. DeLacey then left them, and they retired further into the bush, and watched the party under my "harge pass, but that they did not like to make the attack, as their look-out man had also observed parties following Fox. Tlie prisoner" said lie was hard up, aud would I advance him some money, as he wanted to leave Greymouth. I said that I could not advance him any money on account of the Government, but I gave him 5s to get his supper and breakfast. He then told me the name of the hotel in which Burgess, Kelly, and Sullivan were staying. It was the Provincial. We then parted. I am not- certain whether I saw prisoner tho next day, but on the sth June I met him by appointment at the Post Office, Greymouth, at nine o'clock at night. The appointment was made by letter, which I left at the Criterion Hotel. Before entering iuto conversation with the prisoner I did not llold oxlt any inducement whatever. I asked Mm where Burgess, Kelly, and Sullivnn were, having warrants in my possession at that time for their arrest. He taid ho did know, but that they had left Greymouth. Prisoner then aakod me if I could tell him whether Dobson was last seen alive between (lie Arnold and the Twelve Mile or the Twclvo Milo and Greymouth, for if between the latter places no doubt Kelly and Sullivan " put him away," but that he (prisoner) hud noticed by the paper that morning that Dobson was last seen alive between the Arnold and the Twelve Mile. Prisoner then enquired whether he (Dobson) was last seen on tho Monday or the Tuesday. I did not reply. He then (<:iid that ho thought Kelly aud Burgess (I won't bo certain wl- ether ho montionod Sullivan's name) had gono to the Buller, but he subsequently stated that BurgeßS aud he left Greymouth together on Monday, the 28th May, and proceeded up the Arnold track as far as the iron shanty, at which place they met Kelly and Sullivan ; that it was about niue a.m. when they arrived there; that they had a, drink "of hot tea, and then all four proceeded a short distance up the track and soloctcd a \spot where they intended to murder Fox aud at which place they remained about an hour. That it came on to rain, and they all returned back to the iron store, where Kelly and Sullivan stayed. That Burgess and himself returned to Greymouth at about half-past twelve. That he (the prisoner) slept that night at the Criterion Hotel, Grcyniouth, and did not rise until very late the following morning ; and upon his going into the main street he met Kelly, who said, " Where's Dick ?" Kelly gave prisoner a swag, which ho took to a person named George Cobum. I omitted to state that tlie prisoner said ho did not know the reason Kelly and Sullivan remained at the iron shanty, unless to dry their clothes. Before I arrested him he told me that the swag ho took to Coburn contained fire amis. Ido not remember the prisoner saying anything else before I arrested Mm. I then arrested him on the charge of conspiring to murder Fox. I cautioned him in the usual manner. Ho was searched in my presence, and three LI notes were taken from him, and I tMnk 2s 6d in silver. He was searched at tho station house, Greymouth. He was very excited, and said that nothing would make him divulge anything more. On the following day he voluntarily said to mo that wlule with Burgess, Kelly, and Sullivan, ho had taken some old clothes up the track for disguising themselves, and that ho had partly shaped out four cloth masks made out of a waistcoat. At the same time he described the spot where he had "planted" them, viz., between the iron shanty and Alabaster's ; he did not tell me the day when he had "planted" the disguises. I proceeded on the 7th June to tho spot indicated by prisoner. 1 was accompanied by Mr Bain, the surveyor, and another man. I found two pairs of old trousers, a Avoollen jumper or shirt, and four pieces of cloth concealed under a log, all of which things I conveyocl back to Greymouth. I don't remember that anything else transpired between the prisoner and myself until after the inquest on the body of Gcorgo Dobson. Yes, I now remember, on one occasion, when Mr Todhunter and Mr Dobaon, the father of the deceased, were present (I should think about a week beforo the inquest) I aafod the prisoner whether ho thought Burgess, Kelly and Sidlivau had murdered George Dobson, ho replied " that he didn't know." On another occasion I put a proclamation, or bill, offeriug a reward for the finding of the body of George Dobson, and a free pardon for an accomplice iv the prisoner's hand. The bill produced is oxaclly the same as the ono I gave prisoner. He said he knew nothing about the murder of the deceased. I had similar bills placed in the cell where the prisoner was. Tho prisoner made no statement to me with reference to Georgo Dobsou, tho deceased, until the sth of June, shortly before I ai'rcbted him. — On ono oacasiou, I think about tlie same time as ho told me about the clothes, he (prisoner) said he did not recollect where he slept on the night of the 27th, as ho was drunk ; he also said he had a revolver, which Levy had lent him.

The Court was then adjourned for half an hour, and on its resuming, the examination was continued. — After the inquest, either the first or second day thereafter, the prisoner asked mo to put some one with him in the coll, as ho was afraid to sleep alone, that ho saw such fearful sights, and heard such dreadful souuds, that he feared if he was loft alone he would go mad. Oa the 12th July the prisoner told me that ho wantod to make a statement. I cautioned him in the prosonce of the sergeant, and informed him that whatevor ho said would bo taken down in writing and usod against him on his trial •, he then mado a certain btatemont, which I reducod to writing. Tho following is a copy : —

" Kolly and Sullivan, to fcho best of my bolief, camped at the iron store about thrco nn'lcß from Greymouth, up the Grey river, on Sunday night, the 27th of May last. I and Burgess met them there on the following morning about 9 a.m., and had a driuk of hot tea in the store. We all then proceeded in company a short distance towards the sawpits, and selected the- spot whore wo intended to intercept Mr Fox, the storekeeper. Whilo there, De Lacey rode up, and said he was going to Hid Twelve Mile, and. after a little left in that

direction. I, Kolly, Burgess, and Sullivan returned to tho iron store, where Burgees and I then loft the others, and returned to town; When we arrived ot the bridge DeLacey pulled us lip. We wei-o surprised to sec liinl. But* gess said 'Gee back, Jimmy,' and took DeLncey on one bide. Burgess said to me, ' You go on with the blankets.' Burgess and DeLacey thon went into the Hotel. Before doing 60, I heard DeLacey say he had returned becauso it was raining, and the track would be 100 bad. This was about half-past II a.m. I then proceeded slowly towards town, and on looking 'back at an angle in the road, I saw them [following me ; and just beforo I reached the town, DoLaccy passed me, riding last. I then took the blankets to George Coburn's, and served in Ms shop that evoning, aud slept at the Criterion Hotel that night. On rising the next morning after breakfast, I went out* arid met Burge3g ne^r Barnard's, when he asked me to look foi 4 DeLaccy at Sweeney's. I then saw Kelly and Sullivan coming into town, when they said they were very hungry, and where was Dick— l said at the bridge. Kelly said, ' Take the opossum skin swag ' (the guns were in it at tho time), which I took to George Coburn's. On Tuesday evening late, Sullivan came and told me to get the ' tools ' ready, as they were going out the next morning, for Fox was in town. I removed the swags from Cobum's, to the Criterion Hotel that night, one contained the fire-arms, the other the blankets. On Tuesday night I said to the landlady where I slept that I would be itway early on the fbl : lowing morning, and paid her. I arose eorly, carried the swags, and when about half a mile off the bridge I met Sullivun ; he says, ' What the b y h 1 have you got up so late for ? we shall lose the b y man all through you. 1 I replied, 'It will be hours before Fox will pass.' He said, ' You go on ahead, Burgess is before you, I will wait for Kelly.' I overtook Burgess at the bridge. We pushed on to the irou store, and in about a quarter of an hour Sullivan and Kelly joined us. One bad a shovel, with which they secured the door; soiSie man came shortly after and puslied the door open, and said — ' What did you steal my shovel for ? ' I will nab the lot of you.' High words passed. Burgess was about to strike him, when he said", ' You might have taken one without a government brand on ! ' While Kelly, Burgess, and Sullivan, were unloading their guns I commenced sliaping out the masks, when Sullivan said, ' You don't want them ; when you arc clean they won't know you again.' I said, 'That is nonsense"; we will have disguises.' One of the party said, ' You can finish them up there ;' meaning the spot where we intended to stick up Fox. When wo reached tho appointed place Kelly and Sullivan said, ' Tlirow the things away*; you don't want them, as you can stand in 'the bush and bhoot : for I and Sullivan will make him walk in front of us.' Burgess then called me aside and said, 'It is no use you going on auy more, for we mean burking, as we have had enough of goal, and don't want to bo like rats to hide ourselves.' It cume on to rain, aud being horrified at their remark*, I would have left them, but was afraid for fear they would have shot me had I betrayed any cowardice. We thought no one would pas 3 that Avct day, and proposed to return as tho river would soon rise, and knew we would see Fox the following day, as ho no doubt would be on foot. Sidlivau was sitting on a log during this conversation, and drenched with rain, but made the remark, he would sooner sit there all night than lose the old b r. On tho Sunday previous, Mrs Fcllon's son went to Hokitika. I did not sleep at the Criterion Hotel that night. Her two son 3 usually slept over nxy head, but on Monday the child slept with his mother. I lay in bed late on the Tuesday morning, until after breakfast, and heard the girl grumble becauso I would not have any breakfast. After I went out of doors, I met Burgess near Barnard's, as I have before stated ; this will prove that I slept at the Criterion Hotel on Monday night." Witness — I may add, your Worship, that the last twelve lines were written about an hour after the preceding pages were taken down, as the prisoner dictated it. The reason why tho whole of it was not taken down at once was because the coach was starting, and tlie prisoner would have lost Ins seat in it. On the night of the 12th June, shortly before I arrested the prisoner, he did not state where he was on the Tuesday or the Tuesday night. He remarked that he had served in Coburn's shop on the Tuesday night, but he did not say where he slept. The four pieces of cloth, the trousei-s, and the shirt produced, are the same things found byme under the log and near the canoe. I found the body of G eorge Dobson on the sixth July. This was from information said to have boon given by the witness Sullivan. I had made unsuccessful search three days previous to the 6th July. There were two members with me of the Greymouth police. One was a special constable (O'Brien), and the other constable M'Elroy. At five minutes to 12 noon I was crossing a dry tree which had fallen across a creek, when I experienced a disagreeable smell. I called constable M'Eh'oy's attention thereto, and instructed him to search around that spot. While he was walking round the head of the branches of the tree, on which I was standing he found a bottle with a label on, and from its appearance we concluded that it had not lain there long. M'Elroy made three or four steps towards where I was standing, and discovered the too of a boot protruding from the ground, and immediately opposite the tree on wMch I was. I cooeyed to Constable O'Brien, who was conducting a search iv another part of the bush, and I was answered by a man of the name of Russell, who liappened to be passing on the track at the time. He came to where I was. I delayed proceedings until the arrival of another search party whom I knew were on tho way. It consisted of Messrs Todliuuter, Bain," an d several others. William Russell then commenced removing the earth. The body was buried beneath the earth from four to six inches. The body was on its back when tho earth was removed, and an Inverness cape was lying across tho lower part covering the legs. A gold albert guard was hanging on the vest, aud a silver watch was in the pocket. I examined the watch produced, and found that it had run down at twouty-BCvcn miuutes to four. The watch now^ produced is the »amo as found by me on the person of the deceased. Ihe Inverness cape now shown to me is the same as found by me over the legs of the deceased. The trousers, coat, and vest were of a dark color. I identify them an the clothes on the person of the deceased. I found the hat produced under the body after it was raised. The fancy nocklio produced was the ono I found round the neckof the deceased. I did not see any collar. Tho shirt now produced is the same that wa§ on theperson of deceased ; tholeggings and boots produced, are the same as I found on the person of the deceased. There were also three or four straps at the side of the grave. The, things have boon in my custody; I brought thorn from Groymouth on Friday last. On the cape boiug removed there was a prismatic compass in a case ; it was lying on the logs of the deceased. The case now •hown to me. and tho pocket book, are th« same as found by me on the person of the deceased. I have since seen a red handkerchiof takon from the pockot of the decoased, by one of the constables at tho Polico Sta- , lion at Greymouth. Russell and myself lifted tho body from the grave. Mr Todhuuter, a brother-in-law to tho deceased, was present at tho lime. Tho body was placed on a stretcher, and convoyed by boat to Greymouth. I did not know the decoased. The body waa takeu to an outhouse at the > back of the Union Hotel, Greymouth, aud then removed to tho hospital. I was present whon Mr Todhuntcr identified the body of the decoased. The prisoner did not account whore he had been on Tuesday, the 29th of May. I cannot give a description as to PhU Lovy, as I only saw him once. Burgess was a dark man, with piercing eyes, and had a scar at tho left side of thy

nostril, a small round beard aud a moustache, he was about o feet 7 iaches. Kelly was a little shorter than Burgoss and a smaller man; with v wrinkled face aud dark hair, also a dark brown beard aud moustache, the niou&tacho was not so clavk a3 his board. Kelly was thinner, and if anything, taller than tho prisoner at tho bar. I do not think that Ihere was an inch cliferenco between Burgess, Kelly, aud the prisoner. On the 31st May, or on the Ist of June, I noticed that Kelly had a black oye and a cut thereunder inclining towards the nose. The mark was not fresh aud ap« peared to have been douo a day or two. Cross-examined by Mr Eecs. — Afc the interview between Mv Revell, prisoner, and ijiyself, prisoner did not say that Sullivan had stolen the shovel. I believe he said that Sullivan carried it. The occurrences I have related took place ou the Thursday. I am certain that was the day. The prisoner expressed lutfasinoss to me'on the first tiino that I saw. liim, with reference to Burgess and Kelly, &ayhig that if they suspected him they would take his life. On the next day I said that I would search tho hotel for him (prisoner) to allay suspicion. Prisoner did not say that if Dobson had beon seen last between the Arnold and Twelve Mile that Burgess and Kelly could nol have murdered Him. I did not ask the prisoner if Kelly and Sullivan were on the road on Monday the 28th May. Prisoner did not speak about thcniasks wheuhe first saw me. I,am not certain that lie said anything about the ammunition on that day, but* I think he did the next. I asked him "Where the arms •Were," and ho replied , " Near the iron store." On the night he first gave the information he asked me if nothing could be done to make the powder incombustible. When I showed him the proclamation his words were "I know nothing about it, so help me God ! " That was the proclamation offering a reward and a pardon to an accomplice. I did not say to the prisoner, " I have always hitherto found you truthful." What I said was, " avail yourself of the reward if you can, you were the fir3t to give information." The information referred to Fox, but the proclamation to Dobson. I remember about the time when Kelly, Sullivan, Bwgcss, aud Levy, were arrested at Nclbon. I did not tell the prisoner who I thought would be the most likely to turn Queen's evidence, but I expressed it as my opinion that Sullivan would. This was with, reference to the Nelson murder. I knew Sullivaii ten or eleven years a<jo, when he was living at Mount Korong. I assigned as my reason for saying that I knew who would give Queen's evidence was because I saved Sullivan's life when some Germans were in the act of stabbing him, and that he had bolted and left me with the mob. Mr Bees — " Discretion is the better part of valor.'' Mr South — Yes, that's a very good adage. Cross-xamination continued — I don't know that it was through treachery that Sullivan bolted, but I think it was through cowardice. Prisoner did not agree with me that Sullivan was the most likely man.

The Court was then adjourned till 10 n.m, to-morrovr (fc'iia ctav).