TRIAL OF WILLIAM DeLACY.

West Coast Times, Issue 384, 15 December 1866, Page 2

TRIAL OF WILLIAM DeLACY.

CONSPIRING TO ROB. [continued.] Tho witness Sullivan was cross-examined by Mrßees. The conversation that the prisoner and I had on the Tuesday was on the event of his leaving Hokitika, and had reference to a message from Mr Button, delivered by mo to DeLacy for Kelly. I received the message from Chamberlain. I went to Mr Button's office, and saw. Chamberlain give Mr Button his fee and brief. I left Mr Button's office in company with Chamberlain. I have been several times at Mr Button's office, sometimes in bis bedroom. I saw Mr Button twice at his office. I saw him on the 24th May, the Queen's birthday, and on the Monday previous. I did not hear Mr Button's opinion. I only know what Chamberlain told me, and what Mr Button personally imparted to me on the 24th May. Kelly was to be tried on that morning, and Mr Button was instructed for the defence. On Monday, the 21st, I went over to Chamberlain at the Bank of New Zealand. He was at work there, and we proceeded from there to Button's office. The next movement I made was to Cobden ; Burgess accompanied me. Wo saw DeLacy there, not far from the landing place ; somewhere about the rise of a hill, and not a great distance from his stables. This was a little after four o'clock, p.m. We went to Cobden for the purpose of eticking-up and robbing MrWilkie. DeLacy had hired him out a horse that day, as he (Wilkie) was going to buy gold. DeLacy remarked that it was a horse that would come home of its own adcord. Thiß was on Sunday, the 27! h May, 1866. Previously to my going to Cobden, I saw DeLacy on that day at the iron hut, between half-paat two and three o'clock. I saw DeLacy four times before the 28th at the Grey. I saw him once on Saturday, tho 26th, and three times on Sunday, the 27th. Ido not think De Lacy said anything to me concerning my being at the iron hut. 'He made a remark about his being caught there, as he had been seen by a lad connected with one of the banks. I went over to Cobden to let him see that we had arrived. Kelly was with me then. I should think it was about three o'clock or a little before when DeLacy left the iron hut on the Sunday afternoon. He said as he was going " That he had just let the horse out to Mr \\ ilkie." No arrangement was made by me with DeLacy leading to his coming out on the Monday. Ho made his plans with Kelly and Burgess. On the Monday morning I went badk to the iron hut with Wilson and Kelly and remained there about half an hour. We left the iron hut at about half past eleven o'clock. After leaving the hut we all went up tho road for about four miles. lam positive that none of the party stopped on tho road until wo arrived at our destination, that 13, excepting a slight delay at a short distance from tke iron hut, where we planted some things ; it could hardly be called a stoppage. On returning to Grey mouth, Burgess, Kelly, and T saw DeLacy at his stables. His boy was there also. After a conversation, which I have before referred to, I met DeLacy at the corner of Sweeney's Hotel ; this was on the Tuesday evening, a little after eight o'clock. Wilson and Kelly were with me. Burgess was away playing ; cards. Levy, at this time, was in Htfkitika ; he left the Grey for Hokitika on the 26th | May, and returned on tho Ist of Juno. I saw the piwoner on Wednesday, at the iron hut; this was about twelve o'clock. It was raining when he came. He remained about half an hour ; it might have been a little more. I saw DeLacy two or three times on the Thursday. I firat saw him on that day near the beach. It is called the river beach, or lagoon. DeLacy was coming towards the iron hut. I next saw him in Greymouth (the same day). When I first saw DeLacy on that day, it was somewhere about or before eleven o'clock a.m. I was near the end of the beach, where the Arnold track runs up. Kelly was with me ; Burgess and Wilson were further up the road and past the iron hut. I can't tell where DeLacy went, but he proceeded along the road towards Greymouth. He selected that road in order to avoid being seen by people coming up the tra"k; pedestrians could not go along the beach that day on account of the freshet. I am certain DeLacy did not go up the Arnold track at that time. The next time I saw him was at Greymouth. I came out of the bush at the upper end of the beach to speak to him. Kelly also spoke to him. DeLacy said that there was a lot of " traps" coming up in' disguise, that they were close \ipou us, and that we were to run back to where Wilson and Burgess were. DeLacy coidd return to Greymoufch without; being seen. Remained under ambuscade until Mr Fox's party had passed, when we packed up the gitns, and commenced our journey towards Greymouth ; this was less than half an hour after DeL^icy left us.

Re-examined by Mr South — I cannot say at what time the police passed, but I am certain that it was in the forenoon, and shortly after DcLacy's departure. DeLacy, tho night before, told us that Fox would start at eight o'clock in the morning, and we having waited so long, were just going to break up when DeLacy ' arrived. I am certain that the party which passed was Fox's, as the man DeLnccy pointed out to me as Fox, was with them.

The Court was then adjourned for half an hour, and on its resuming, Robert Laverty was called, who, being sworn, deposed — I am a packer, but in the month of May last I w*as at Sweeney's stables, Greymouth. The prisoner was there also. I saw a man of the name of Tommy. I believe it was on a Saturday, in the month of May. This was in the stables at the back of Sweeney's Hotel. I do not know this man I have referred to by any other name than that of Tommy. I heard DcLacy address him by that name. He was a short man, with a light complexion. I subsequently saw him at the stables, in company with the witness Sullivan. DeLacy was also with thorn. This was at the corner of Tainui street, Greymouth. They then went to the E.linburghCastle Hotel, which is between the comer and Sweeney's stables. They all had a drink. I then returned to the stables. The man named Tommy slept at the stables on Saturday night. Ido not remember any person having on that day asked me where , Do Lacj' was, but some person did a few days afterwards. The man Tommy came in late on the Saturday night, slightly intoxicated. I cannot say whether he left on the Sunday or the Monday. I did not see liim at the stables after eight o'clock on the Sunday morning. I never recollect Tommy having slept at the stables before the occasion I have mentioned. I saw Tommy in the street on the Tuesday. 1 never saw Tommy and Sullivan in company at the stables more than on one occasion. DeLacy, Kelly, and Sullivan, were speaking together, as if they had known each other for some time. I also had a drink with Kelly, Sullivan, and DeLacy, on the Saturday. I did not observe anything particular about Tommy on the Saturday night. He slept in the same room, in a bunk opposite to me." Cross-examinod by Mr Roes — I am certain that the witness Sullivan is the third man I saw in tho company of Tommy and DeLacy on the Saturday. Ido not recollect the time. I do not recollect having been tho witness Sullivan and Tommy in company at any time subsequent to the Saturday. I do not know what time Tommy came in that night. I last 6aw him about eight a.m. on the Sunday niorning. He vras standing at the door of the hotel. I cannot sflty wnow be vrvot ro.

DeLacy was about the place at this time. I know a M'Mahon. I cannot say whether he was taking up cows or not on that day. Ido not remember whether DeLacy went away from the stables on that day. I saw DeLacy again after we had all drank together. Tin* was in the evening. Re-examined by Mr South— When I saw Tommy I did not take sufficient notice to enable me to bay whether ho had a cut on his faco or not. DeL.iey was in the habit of riding, but did not select any particular horse. I do not recollect his riding a groy horse on the Saturday. Prisoner had two grey horses. ° '

Benjamin Barnard, being called uud sworn, deposed— l am now a storekeeper, but in the month of May last I was proprietor of the Provincial Hotel, Greymouth. The prisoner tame to my house ; he used to call to see Levy, before Burgess, Kelly, and Sullivan came to my house. I will swear that I never told Inspector James, on the Ist December instant, that I had seen Burgess, Kelly, Suliivan, and Levy on ten or twelve occasions at my house. The prisoner saw Burgess, Kelly, and Sullivan at my place. Cross-examined by Mr Rees— l know that Levy was in the habit of hiring horses from the prisoner , I have also seen him pay De Lacy money on several occasions for horsehire.

Richard Nancarrow, being cahVd and sworn deposed— l am manager at Greymouth for Messrs Edwards and Co. ; lam also a<ront for the steamship Wallaby ; I was sncli°in the months of May and June last. The tickets now shown to me are in my handwriting, I gave them to De Lacy ; I believe the prisoner gave me the names' of Morrison, Leigh, Jones, and Williams ; they are passenger tickets for the Buller. I belive Do Lacy paid me for them; there was one saloon ticket at L 4, and three fore-cabin tickets at L 3 each. Cross-examined by Mr Ree3— These tickets were obtained on Saturday, the 2nd day of June. I do not recollect any person being with DeLacy when he got the tickets. I believe they were all issued ac the same time. I am not certain that the prisoner got thet four tickets. If the ticket 3 were all got at the same tune the prisoner must have piocurcd them. Re-examined by Mr South— The steamship Wallaby was intended to leave on the following morning, Sunday. George Randall Sayle was then called, and on being sworn deposed— l am an articled pupil to Mr Bain, the Government Survevdr. On the morning of the 31st May last, I was camped at the bridge, behind the shanty, which is about a mile and a half beyond Greymouth, on the Arnold track. I saw prisoner ride by on a white hor3e, towards the Arnold. This was about half-past 9 a.m., About twenty minutes after the prisoner passed up, I saw Inspector James, Mr Fox Sergeant Walch, two constables, and two more men. They also passed me, and proceeded along the track towards the Arnold. About five minutes afterwards I saw the prisoner return. He stopped at the shanty, and I asked the prisoner whether lie had seen the pdlice" going up with the storekeepers ? He replied, that there were no police among the crowd. I persisted in s lying that they w re police, and he then stated that he believed they were. On going up, prisoner asked me where our cut line 3 were, as Tainui (an aboriginal) had told him that a horse he (DeLacy) had turned out about six weeks before was lying dead in a swamp, up the Government Survey line, and he (prisoner) was going to see whether it was his horse. On his return, he said that ho had seen the horse, and he was satisfied about it. Directly after DeLacy left I also went to Greymouth, and as I was coming out from j there, between 12 and 1 o'clock, I met Birfgess, Kelly, Sullivan, and Wilson. This was i on the same day.

Thß counsel for the prisoner declined to ask the witness any questions. Edward Burton Fox, being called and sworr, deposed — I am a storekeeper and gold buyer at Maori Gully. On tho morning of the 31st of May I was at the Albion Hotel, but about a quarter to 10 o'clock a.m. I left Greymouch in company with Inspector James and two diggers. There were some constables in ambush. Tho prisoner passed Inspector James and myself when we were afooufc 400 yards from the Post Office. I was about fifty yards in advance of Mr James. The prisoner was riding a white horse. He rode on before us, and got out of sight. In about an hour afterwards he repassed us as near as I can recollect a little beyond the bridge. There were about three or four of us who met at Cassius & Comiskey's, and walked up the Arnold Track together. I particularised the prisoner a3 being on a white horse. On Monday the 28th May I arrived by the boat at Greymouth a little before three o'clock, and was hurrying to the bank to deposit the gold when the prisoner stopped me, and asked if I would require a horse that trip ? I replied, " No ; I don't think so," but on second thoughts I said that if I could get through my business the next day I might take a ride down on the Wednesday a3 far as the Teremakau. I then asked, "Have you got that mare I rode before ?" He replied, " Yes." I also asked him if she could carry me to the Teremakau and back again in one day. he answered, " comfortably." He had no further conversation with me relative to a letter.

Cross-examined by Mr Rees — This is the only time I remember having seen DeLacy during my then stay at Greymouth. I am certain that I met DeLacy immediately after my arrival at Greymouth. I received the first intimation of the conspiracy to rob me from the police, on the Thursday morning. Mr James called upon me at half-past 6 o'clock in the morning, and told me that there was a conspiracy to murder me. I did not believe the statement, and told Mr James that he ought not to give credence to such fictitious reports. He still persisted in saying that it was true — that a man had been to the Magistrate and given information — that my steps had been dogged the whole time I was in town ; and to prove it, I would see a man pass me on horseback on the road. When DeLacy passed me, I then believed the account furnished by Mr James. When DeLacy passed me, Mr James' and my party were distinct. The policemen were behind, and were to keep out of sight if possible. DeLacy did not appear to be anxious to get out of the way when he met us on the track.

Re-examined by Mr South. — The prisoner could not have shunned or avoided us if he had desired.

At this stage the prisoner was remanded till 10 a.m. to-morrow (this day), and the Court adjourned till that hour.