TRIAL OF WILLIAM DeLaCEY.

West Coast Times, Issue 382, 13 December 1866, Page 2

TRIAL OF WILLIAM DeLaCEY.

CONSPIRING TO ROB.

William DeLacey was placed- in the dock, charged with conspiring to rob one Edward Burton Fox. Tho original charge of conspiring to murder was (for the present) withdrawn. Mr South appeared for the prosecution, and Button (of Button and Reid), with Mr Rees (of Rees and Tyler) for the prisoner. Mi- South opened the case, and called Joseph Thomas Sulllivan, who, being •worn, deposed— l am acquainted with the prisoner. I first knew him at Hokitika, on tiunday, the 20th May, 18G6. He brought me two letters from Greymouth ; one for niysi'lf, and the other for a constable named Curr. They were written by a man of the name of Kelly. Prisoner called on me at the Hope and Anchor Hotel, Hokitika. The prisoner showed ire a pipe from Kelly as a passport to my knowledge of him, and he intimated that I need not b« afraid to open my mind to him as hoh ulcomo from Tommy, meaning Kelly. At that time he did not say* anything particular to me. He then left, but returned again after nine o'clock that evening. He went out, and I toLl him tliat I had not written my reply. He then said that he was going to the Grey on horseback, and would call for me. He also said that ue had come down by the steamer, and would have to hire a horse from Noah's st.ibles. We theu had a long conversation about Burgess' arrest. Prisoner iuformed me that Mv Fox would b» in Greymouth on Monday, the 21sfc of May, 1866, and that we shoul 1 lose him through the arrest of Burgess. This was relative to a p.evious arrangement. Prisoner said that Kelly was three miles out of Greymouth, aud that Phil L\ivy used to go out with Tommy evory day for the purpose of sticking up Fox, and that if he (Fox) came along that Kelly was sure to knock him ovar. The prisoner said that he had v sent his old woman (meaning -his wife) to Southland, and that it took all the money he had, ani left him hard up. Prisoner said that it was originally intended that ho shouH go with Burgess, Kelly, and Levy, but that it was subsequently arranged that he (prisoner) should remain in Greymouth to bhjpherd Fox, and that he should provide two horses for Burgess and Kelly, to enable them to "clear out." In consequence of my joiuing them another arrangenieutwasaftorw.irdi made. Nothing further relative to Fox transpired on that day (Sunday). Ttiopmonor.on leavingniethat, night, promised to call on the following morning for my answer to Kelly's lettor. He did not call till Tuesday morning, the 22nd of May, at about ten o'clock. Ho was riding a grey horso. I gave him a letter to Kelly, which he promised to deliver to him, In parting with me on that morning, prisoner said that he wished Fox

had not arrive! ; rhis was in answer to lay observation to tho cllecb that Burgess would be acquitted tho n«xfc day. J'he conversation we had on this occasion had reference to a message received by mo from Mr Batton. Do Jjdcoy then started for Groymouth. Kelly came into town the next day, at about two p.m., dressed as a digger ; ho wa3 carrying a shoyel ; ho came to bo arrested m Hokitika to avoid being taken at Groymouth, as that would have nurred our plans and Mr Fox would have esoapdd. Wo knew that a warrant had been issued for Kelly's arrest, Prisonor told mo that Mr Fox did not arrive on the Monday, and that he would not be in Greymouth till tho following Wednesday. On Saturday tlie 26ch, Burgess, Kelly, and myself arrived at Greymouth. About one o'clock on that day wo three wont to the stables bohinJ Sweeney's Hotel. I believed they were occupied by prisoner. I observed that tlie same grey horse ridden by him from Hokitika. to Greymoufch was there. We did not see DeLacey, but we saw a boy who is called Laverty. Kelly enquired where DeLaeey was, and the boy replied at his other stables, C6bden. Kelly and I then went thero and saw DeLacey. He wa3 in a hotel, and upjii my enquiring for time lie came out. We then had a conversation relative to the acquittal of Burgess. Prisonor then said that ho was very glad we had arrived, as he had received intelligence to the effect I hat Fox would be down on the following Monday. We then left. I next saw the prisoner on the following day at tho Iron Hut, which is about three miles from Greymouth. There were present Kelly, DcLacoy, aud myself. A young man connected with one of the banks also rode up and asked DeLacey what he was doing thero — tho exact words were " What are you doing here Mr DeLacey." Prisoner replied that he was looking for a horae. The lad then went up to the Arnold track, when prisoner said that he had been seen two or three times atthathut,and that we must clear out of that place. Prisoner wanted mo to ride behind liim on the same horse, so that we might stick up Mr Wiikie, the storekeeper. Mr Button objected to this evidence. His Worship ruled that ib was inadtniasiblo.

Examination continued — I saw prisoner the same night at the corner of Sweeney's Hotel, when he said, that we must be all on the look out in the morning, as Fox had not been iv for" two or three weeks, and that we were sure to get LiOO or LSOO a man. Prisoner said that it was very likely he would come out next day, and in tho meantime he would see Dick and Jimmy. DeLaeey's business was to look after. Fox, and give us every information as to his proceedings. Prisoner distinctly stated that when ever Fox came he would shepherd him, and that he would keep the horses at home, to enable Dick and Tommy to get away out of the place, so that if there was any row, they could establish an alibi. I then wont to the iron huV, and did not see DeLacey till Tuesday, when I met him at his stables at the back of Sweeney's. The stable boy was there, as were also Burgess and Kelly. We went thero as Burgess had been seen by Inspector James, and he (Burgess) was anxious to learn tidings about Fox. DcLuccy said that he bad not seen Fox, as he had but recently returned from Cobden. We all went (including the boy) into the public-hcuse next to the stable, and had a drink, when DeLacey promised to let us knoAV about Fox as soon as he got information about him. The prisoner further said that there were two or three tilings that he know, and that Burgess was not togo away. It was also agreed that prisoner was to come to us at Barnard's. At about 7 o'clock on that evening I was playing cards with Barnard, when DeLacey came into the back room where Kelly, Burgess, Barnard, a woman, a little boy of the name of Jones, and in,\ self were. Prisoner went out with Burgess, and when Burgess returned, I Went to a fruit shop, but on ray way there I had a conversation in the street with the prisoner. He told me that Fox had arrived and would be sure to go away the next day, and that we were to be out early in the morning. Later iv tho evening, Burgess, Kelly, and myself saw the prisoner, when Kelly asked him to get our party some bullets from Milliard's shooting gallery. Prisoner snid that he did not like to go, as he had no money, and might not be ablo to get them. Kelly thereupon gave him ss. Prisoner then went and returned with the bullets ; he gave them to Kelly. I saw the prisoner take the bullets from Hilliard's, but but I cannot say whether he paid for them or not. They weighed about four pounds in the lump. It was arranged that we should go out in the morning (Wilson was pi'esent), and that as soon as Fox started DeLacey was to come up the road and let us know. The prisoner also directed us to lie in wait at a spot, which he termed, a beautiful place. It was at the Canoe (along the track), and Fox and Ids party could, not get past without going round the corner of it, as there wa.B plenty of mud there. The prisoner came out on that day, Wednesday, the 30th May, at about 12 o'clock. It was raining very hard. Ho was on horseback. He tied his horse up in the bush behind the iron hut. We all stopped until the rain ceased, and we then walked up to the place where we had been iv ambush. While we were going there, prisoner said that Mr Fox had been very busy in Greymouth that morning, and that a man named Molloy was coming out with him. He also added that he thought Fox was going to Hokitika. We then took up our positions to show prisoner the manner in which it was arranged that we should s.ick up Fox. Prisoner said that we might have some trouble with Fox, but that we were to knock him over. He then said that it was no use delaying there any longer, as Fox was not coming out that day. He then left us ; but he previously said that if Fox happened to go up in a boat, that he (prisoner) wouid come out on horseback, and put us over at a narrow point of tho river, and that we would then have to " put them all up," as they came along towing the boat. Tin's planning was principally between Burgess, Kelly, and prisoner ; but I heard all the conversation. I heard prisoner say that we could let the boat go down the stream, to make it appear as though the men had been drowued. I saw the prisoner at a later time in the day at Grcyinouth. I should think it was about, half-past three in the afternoon; this was at Sweeney's corner. Wilson and Kelly were also there ; Kelly [ went down towards the ocean, when DeLacey pointed out to me a mau as Mr Fox, that he (DeLacey) was going to ask Fox when lie intended making a start, as he wanted him to tike a letter. I then left, but saw prisoner again on that night at Barnard's, when ho told me that he had seen Mr Fox, and that he had asked him to take a letter, and he had promised to do so ; he added that Fox purposed starting in the morning. Prisoner then quitted us, promising that he would be out the first thing iv the morning, and let us kuow about Mr Fox's starting. The prisoner came to us the next day, and said that Mr Fox was coming out with an escort of police in disguise, and that we were not to have anything to do with them, as they were too strong for us. The ticket produced, with the n.ime°Willi>im3, was brought by prisoner for me; it was a passenger ticket per the s.s. Wallaby, for tho Bailer. Tho prisoner told me on tho 2nd June that ho had purchased a ticket for mo. Ls\y gave me the ticket, and when I saw prisoner in the aftornoon I showed it to him, but he mado no comment concerning ife. On this occasion the prisoner brought me some gunpowder, which had been obtained through tho instrumentality of Harry Jones. This closed the examination, in chief, and

Mr Button requested that the further investigation of this charge might be deferred to Friday next. Hi 3 Worship acceded to Mr Button's request, and said that as tho present charge was only a misdemeanor, ho would admit him to bail — himself in LIOO, and two sureties of LoOeach. When DeLdcey left the dook, he placed his hand round his neck, intimating that Sullivan deserved hanging— at least, such W6& tho con-

Btruction placed by that, notorious party, for ho clriuiod the protection of the Court. His Worship snid that lie did not sco the prisoner do anything of the kind, and he must decline to interfere.

The public gave expression to their feelings by hissing Sullivan. The Court was then adjourned till 10 a.m. to-morrow (this day). / «—