THE MURDERER SULLIVAN

Globe, Volume II, Issue 176, 31 December 1874, Page 3

THE MURDERER SULLIVAN

{From the Argus, December 17.) At the City Police Court yesterday—before the Mayor and Mr Start, P.M, and Messrs O'Grady, Wilton, Fairchiid, Heath, D. S. Campbell, Laurens, Prince, Zox, O'Brien Sutherland, Carter, Pigdon, and a few other J.P's, attracted by a wish to see the notorious murderer—Joseph Sullivan, alias Thomas Sullivan, alias Frank Clark, was charged on remand from Wedderburn with being in the colony within three years of the expiration of a sentence imposed on him for felony in another colony, contrary to the provisions of the Influx of Criminals Prevention Act. Superintendent Winch, who conducted the prosecution, stated that this man was brought up under the 2nd clause of the Act. If the Bench were satisfied of the identity I of the individual, tbey could take one of three courses, viz, imprison him here for three years, hold him to bail to leave the colony within reasonable time, or send him back to the place from which he came ; and he (Mr Winch) would ask the Bench to take the last course, and send the prisoner back to New Zealand, where he was sentenced to death for murder, the sentence being afterwards commuted to imprisonrnent for life. The sentence, being' for life, could not expire oj effluxion of time. He believed the prisoner did not deny his identity in any way. Mr Sturt, P.M.—You must give us some (evidence that he is the man. Mr Winch—He does not deny the fact. Mr (Sturt—Call some evidence. Mr Winch called. Francis Thomas Colvin, senior-constable, ptationed [at Wedderburp, who repeated the

evidence he gave at that place, the principal part of which was published in Tuesday's Argus. He arrested the prisoner on the 9th instant, at Wedderburn, on a charge of being illegally in the colony, in the house of a man named Stretch. He said, " You are Tom Sullivan." The prisoner said, "No, I am not." Witness arrested the prisoner, whose wife, or the woman who was his wife, and his son began to cry. The prisoner then said, " My name is not Sullivan. I will never answer to that name, but lam the man you are looking for all the same." In the lock-up he talked very freely about his prison ;life in New Zealand, and said, " When I was in prison in New Zealand 1 had better times there than the warders." He also said he got away to London from New Zealand with great difficulty, and that he was recognised on the vessel going home through a portrait of his wife, that he had the doctors on the vessel fighting as to whether he was Sullivan or not, and that he said he would take an action against one for saying he was Sullivan. Also that some of the passengers landed before he got to London, and telegraphed to London that Sullivan was on board, so that the detectives were ready to meet him when he landed ; that he had been all over England trying to dodge the detectives ; and that he weut to France, and was through a great part of the country. He talked generally of his life in New Zealand and at home.

The Prisoner—ln arresting me in the room—l may remark that it is not to delay or occupy the time of the Court that I wish to put these questions, but because he stated, to the best of his belief, that I made such assertions, and he is incorrect. I don't wish it to go to the world that 1 said things which I did not. Part of what he says I said is true, and part is not—did I not say when you came into the room, "Am I the man you are looking for?" Witness—No, I don't think you did. You did not. Prisoner—lt was most inconsistent for me to say that I was the man he was looking for. and also that my name was not Sullivan, It is most improbable, and I deny it in tato. Did you caution rae before asking me if I was Sullivan? Witness—No.

Prisoner—l flatter myself I know the duty of even a detective, let alone a common constable of Victoria, and it is a rule laid down by the judges in England, as well as here, that a prisoner should always be cautioned as to any question he is asked. He got into conversation with me in a social manner, without cautioning me. I did not say that I had better quarters than the warders, but I wanted to correct the impression that I was kept in a cage. Bernard O'Hagan, landlord of the Star of the West Hotel, Lonsdale street, deposed— I was in New Zealand in 18f>6, I was a warder in Dunedin gaol. I know the prisoner. He was sentenced at Nelson, and was there I think eighteen months before he came to Dunedin gaol. He was sentenced, 1 heard, for wilful murder, of a whaler I think, whose name I forget. He was there about six years. I saw him for about four or five years. I left New Zealand last Christmas-day. I last saw him previous to my departure a few days before I left in '73. He was a prisoner when I left. Cross-examined by the prisoner—l am positive you were a prisoner when I left in 1873, in Dunedin gaol. Prisoner —You did not leave at that time. I saw you since that. Witness—l,l left first on [leave, and came here and went back, but never did any duty in the gaol after the 16th June, 1873. I saw him daily till that time. Prisoner —What led you to believe I was a prisoner ? Witness —You were undergoing a sentence and dressed in prison clothes, and under the care of a warder anywhere you were sent. I have seen your name entered in the gaol book. Prisoner—Did you ever hear me called at muster from the roll-book i Witness —When you were at Port Chalmers, I believe I did. Not always, but perhaps on some occasions. I don't know what date that was. Prisoner—What year ? Witness—lß73. Mr Winch—Will your worships require any further evidence, after the man's own admission 1 Mr Sturt—No. Mr Winch—Might I repeat my application now that your worships should send him back to New Zealand 1 Mr Sturt—That is a matter for the Bench's consideration. Mr Winch—Exactly. I only submit it to you. The Bench consulted a short time, and then the Mayor said; —Thomas Sullivan, alias Joseph Sullivan, alias Frank Clark, the sentence of the Court is that you be taken in custody to the country whence you came, and should you be brought here again you will be treated more severely. You will be sentenced to three years' imprisonment in heavy irons. The Prisoner—Will you allow the clause of the Act under which I am sentenced to be read ? The Mayor—lt is too late. Remove him from the Court. The Prisoner —Perhaps you will allow me Mr Winch—Perhaps you will hear what the prisoner wishes to say. Prisoner—l wish to bring under the notice of the Court the manner in which I was arrested. Previous to my arrest I gave instructions to my son to proceed to Sandhurst and get a box containing clothes and a parcel containing linen. During the time he was getting [ready to go I became under arrest, and I told him to bring the bundle to the police and let them see it, and then let him keep it, as it contained articles intended for him. He got them, and saw a person whom be knew to be a policeman in the room where he got them. Halfway back he was waylaid on the road and the things were taken from him, and the bundle was opened and kept and detained without my seeing it. The Mayor—That has nothing to do with the case at all. Mr Sturt, P.M.—lf you have any complaints to make do so previous to being remanded out of the colony. Prisoner—l am remanded now. Mr Sturt—But not sent away. Prisoner—l am remanded and sent out of the country now as a man with great murders on me. I challenge the world—l have been thirty years in Victoria, and I challenge the world and all police officers connected with all the colonies to prove that I ever was charged with any crime, and in the present case even 1 was illegally tried and convicted. I said so in New Zealand, and repeat it here

Ihat there is not one tittle of evidence against me to convict me of murder, I should be a cold-blooded man if I did not return to Victoria, b cause my family would have been deprived of land of which I had the Crown grant if I had not returned. That is what brought me back, because my name having become notorious in Victoria, I would be glad to leave it.

The prisoner was then removed. There was a large crowd of persons waiting outside the court before it opened, each one being anxious to be the first to get into court in order to obtain a good place from which to view the notorious prisoner. The majority, however, were disappointed. The court at any time would not hold a fourth of the number who wished to get in, and the police only allowed a couple of dozen to enter. The justices of the peace mustered, as before stated, in great force, and introduced many of their friends into the court by the entrance to the bench. The prisoner does not present any of those appearances which the populace would probably attribute to a person of his character. He is a man about the medium height, and, though not massively built, appears to be well-knit and sinewy. He wore spectacles at intervals, when taking notes on a piece of paper. His eyes are dark, small, and deep set, and have a dull "fishy" appearance, and were generolly regarded as the worst feature in his face. His voice was very hoarse and loud, and gave one the idea that he was a person of evil and impatient temper, and possessed of what is known as " a bad tongue." He is described as fifty nine years of age, but looked fully ten years younger, his beard, moustache, and hair being very black, but presenting the appearance of having been dyed. His manner in the dock was exceedingly self-possessed. His whole demeanor gave one the idea that he was thoroughly hardened and untroubled by any feelings of remorse, that he rather looked upon himself as an ill-used individual than the subject of universal reprobation, and that he was a determined character who would not hesitate to carry out any scheme, however bad, which he had once initiated. The sentence of the Court is that Sullivan is to be taken in custody to New Zealand, which means that he will be kept here in gaol till an opportunity offers to get him to New Zealand, when he will be placed on board a ship for that place, ia charge of a constable, who will accompany him to >that colony and leave him on the wharf. The authorities there will probably be waiting to receive him, in order to prevent his being lynched. Some difficulty will no doubt be experienced in obtaining a passage for him, as no, shipmaster will care to have him on board, for fear his presence would deter other passengers from travelling by the same boat, as most travellers would probably regard Sullivan as a Jonah.