THE DOBSON MURDER CASE.

Grey River Argus, Volume III, Issue 141, 6 December 1866, Page 2

THE DOBSON MURDER CASE.

! TRIAL OF WILSON. ■ „ (Abridged from the West Coast Times.) : Monday, Dec. 4. The adjourned charge .against James Wilson, alias Murray, for the wilful mur= ;|| der of George Dobson was proceeded f^| with:— *VVI; Edward Burton Fox, of Maori Gullrit , J $ deposed that on the evening of the &3j& ■ § May he, Mr Anderson, and Mr Dobson - %& agreed to go down to the Arnold Town, i ship on the following morning, and that he loft Mr Dobson at the township at about 11 o'plock that day and came down to Greymoiith by boat, Mr Dobson going on with Mr Anderson to his store at the Arnold, George: Jtandell Sayle, articled assistant to the District Surveyor, Mr Bain, de= posed to the correctness of a plan pro* duced, showing the distances of thq various points along the track from thq * Arnold to Greyuioutli, Be identified J the prisoner as haying met him on the 31st May on the track between Greymouth. j and the iirst bridge, in company with s Sullivan, Burgess, and Kelly. Burgess. ■ carrying a lpng-handled shovel. In' Cross-examination, he stated that he had! ■seen them the night before, going towards, Greymouth, about a mile and a half from the town. He. had also seen Kelly camped in a tent by the track, between the 10th and the 30th May, he thought about the 23rd. Tlic tent was removed before the 30th. John Thomas Sullivan was then called, and deposed that he knew the prisoner, having livst made his acquaintance on the 11th May, at the Araliura. He was made known to him by Kelly as a clever pickpocket. The prisoner was then profess= ing to hawk newspapers, as a blind to the police, The witness : having detailed vthu subsequent meetings of himself, the prisoner, and Burgess and Kelly at Hokitika, and the i cv.ninis4on of a robbery there,, proceeded to say : — A conversation then took place about the subject of Kelly and Levy's visit to the Grey, Levy had pre- . - ceded Kelly to that place. . Prisoner 're^ qus3ted Burgess to allow him to be "one, of the party. Burgess hesitated for some . time. Prisoner then addressed 'him in a, very suppliant manner, reminding him of "* the number of years that he (Burgess) had known him ;. that he (the prisoner)' had never been in a "big" tiling "in liisV life: Burgess sakl he had no objection if Tommy and Pliil Levy had not. I omit-, ted mentioning that when Burgess iirst saw prisoner he (prisoner) delivered a message from a man named Ned Jones,- • whom I understand to be in gaol. Tho. message was for him (Burgess) to get him (Jones) a mouthpiece— meaning an advo-r ; cate. Nothing further occurred at that . time. On the following day, Thursday., the 24th May, I had been in Mr. Buttouls ,'; T ollice. I met Wilson when I came out? € We had a conversation relative to the sticking-up of Mr Fox, the gold buyer. The conversation took place in the vicinity of the Resident Magistrate's Court, Hold-, tikn. Prisoner Murray begged me to use. my influence with Burgess and Tommy so that lie might go into" the sticking-up of Fox at the Grey. 1 told him that I did not have as much influence .as himself^ with Levy, Kelly, and Burgess. -Met the. ""^ prisoner that night by appointment. ~ Kelly, Burgess, Murray, and myself met ' at the Golden Fleece, llevell street. \Ve went out of the hotel and turned down the lane, whex-e an arrangement was made?* It was agreed that Jimmy Murtay (li»Pk prisoner), should come, and that.;pyweiepV all to start the. following morning, by break of day to the Grey. Kelly was to sleep with me that night at the -Hope ant\ Anchor Hotel. We were to meet the next morning at the Shamrock Hotel, that is aboi^t three miles along the beach t Kelly and I met Burgess at the Thi-c© Mile Creek. The prisoner was not there. Burgess, Kelly, and; myself went as far as Harvey's store at the Teremaksvu. 'It is on the Grey side. I saw the prisoner at the Grey on Sunday, the 27th May, 1866. This was nearly opposite a store kept by one of the naino of Harry- Jones. The, prisoner was talking to Burgess. 1 had been out three miles from the Grey thai . ; djy, ' :'■■■:'... Mr Button here objected to. this line of . .examination, pointing put that •'it-was nofj ' strictly legal evidence. He had, hoover, merely offered tlie objoction lest he might be considered remiss in his duty. " Mr South replied, after which' the ex-. animation was continued .-—When we 4 returned, and had not accomplished the, object for which wo went, I was sent in quest of the prisoner, 1 didnot/find Mm, He (prisoner) had been* left at Greymouth to watch Inspector; James. It was oft this, account that 1 was sent to find the pri-. spner, I subsequently found him on Sunday evening talking to Burgess. : This. . was the 26th May, and it was a bright moonlight night. Remained about a. quarter of an hour. The-prisbiier said that if anybody, would go. he would stick up' a store. Burgess then gave Murray a revolver. It was the same revolver as that in the 'possession of Murray ai Hokitika. Burgess desired me to get % gun from Tommy (meaning Kelly), and I was to tell him that Murray and Mmself wore going to the_ Saltwater Creek to sleep. It was arranged between Murray and Burgess that in the event of airy bother they would establish- an alibi. Burgess was to go to bed- at: an. hotel-called the Provincial, and kept by a man named Barnard^- He was then to get lip at eleven o'cloclq§||£ > -" : - \' : V/'i)£ Sullivan then proceeded to describe their preliminary wireer j when Mr. Button again objected, but, .after an argument his Worship decUned to stop the exatqinatipn. ' %:;" ■ ' ■-■ ' ; .' j ■■; • '"" Examination continued— On Monday the 28th May, Burgess and Murray called to see Kelly and myself, JKelly Was three • miles away at the time .at the iron store I went out that night; and saw Kelly' Tlus was on the Cggjjptoroafl. On that morning Kelly askW: irie to go and set provisiqns, and see; after^Burgess and the prisoner. On m^wayin I met the^prisonei*. This wasfabout half a mile from the timber pn ; the: beach, and a mile from the iron store. ; No one was with him He was ; dressed in a white pea jackei and '75 a black felt^luit, He had a macintosh^ rolled up in a pair of blankets. Hehad V a pair of darfetrousersand ordinary boots \ \ I should think tlus was about half^pastf ten o clock. Three men^ were drivW * cattle, coming towards the timber: Murray : and I had a conversation;;. It was ab<rat»- '. theprecedmg. night's doings of Burge<*kS * and the prisoner, • He -als^^ave^nft iflK^ message from Burgess, and another/ .".d^^H

from Billy De Lacy. It was a sort of instruction. lam certain that the prisoner was alone. The message from Burgess given by Murray was to the effect that he (Burgess) would remain at the Grey to receive Phil Lev/, as the proprietor of the Provincial Hotel said he would be clown j on the Monday. The message was more : particularly addressed to Kelly, who was present. The reason Burgess did not come was owing to his 'having wet his boots, and being unable to get them on, |k&&part of the message -from- Burgess was Sffthat Murray, Kelly, and myself should I •proceed up the track and secure a position where we could command the river, and . if Mr Fox was seen coming down in a boat one of us was to- proceed immediately and lot Burgess know. The message from De Lacy was that we were to be careful as there were two meu up the road inlaying 'up,' and the police had gone up in plain clothes. We were also- to leave the iron Btore, lest our so remaining might give rise W^nspicion. The store had been some time before by the same -^party. Murray had so.ne old caps or Cloths made for the purpose of disguising the features. The prisoner had the same revolver that I gave Burgess the night before. We had three swags, and we went up the road when Kelly selected a place where there was a bridge and a sort. of' ravine that the -bridge would cover. 1 should think that this was about soven miles from Greymouth. It was about ten "o'clock in the day. We then went into the bush and loaded two double-barrelled guns, and put fresh caps on. the revolver., which was loaded, wo arranged our cloths •ibout our heads and cut oyelet holes in them, also an opening for the mouth. It then became a first-Kite mask. Kelly had a black eye, a cut nose and cheek, and objected to go-up- the road. One of the party was supposed to go up to the shanty to - see if Mr Fox was on the way. This was the resting place ; it was near tl*e coalpits-. The day was go ting late, and Mr • fox's time was overdue, Prisoner complained of short-sightedness, and Mr Fox would know him as he (prisoner) had frequently been to Maori Gully. I was selected to go as being the best fitted to eivwe him in conversation. I was a BtrTuvW to Fox ; he was described to me as a tall round-shouldered man, walking with a very long stride, and that he would most likely have a revolver in his hand. They remained in the tent on the vight-h-md side of the road. ; the tent was to be Jmng over the pole, so that if any one p une they were to be seen stretching it out. It was arranged that in the event of my meeting Mr Fox I was to enter into conversation on some common-place subject with him, while they would be on the _iook-ont, ancl in the event of Mr Fox jIYW myself coining along, which we *W would have to do by the track, they f would stick us up, and 1 was to turn round on Fox. I then went up ?.. the track and I met xkjumUL. »> an - and •vsked him how far it was to tlie shanty, he replied about half-a-nrile. This was about 2 o'clock. I should think it was about half-a-mile from the bridge where I met him. There was no other tent between that spot and the iron* store, but ours. Tlie young -man had on dark clothus, and ]iad what appeared to be a top coat suspended across his shoulder by a strap. I do not recollect whether he had a cap or hat. He had leg {ings, or boots on. He had an albert guard. I think I would know it again. The coat now produced resembles the one suspended across the yowii" man's shoulder. The guard now shown me is similar to that worn by the ift young man. It is what I call a snake jfcguartt. 1 continued my way, and the man went on towards Greymouth. I observed another person a short distance ahead of me, who was carrying a parcel. He was making into another track, and I was heading to a centre track. 1 went as far up. the track, as I observed the smoke conrinc from the shanty. A light rain came on. I stood under a tree and lit my ■ pipe. Two men passed up the road while I was at the tree. I don't know whether they saw me or not. Throe, others followed 1 ilid not remain under the tree more than ten minutes, and then went back a"am towards the bridge. From the time fmefc the young man till the tune that I returned from the tree where I met |he three men, it would be about half an hour They were coming from Graymouth I heard voices, but I did not see who spoke. I was going back to the tent. It would take me about a quarter of an hour to "et back. Bafore 3 reached the tent I observed Kelly in a stooping position at the tent door. Tlie tout was then iixod and pe<wed out, with the door closed. When 1° reached the tent, Kelly was standing outside with his hands behind him an&iliis sliii't outside of Ms trousers. It ivas daubed over with clay as though it bad been done intentionally. I did not see the prisoner at the bar at that time. I then went down, the road and met a girl • and a man travelling thereon. I got into conversation with the man, and told him., that he ought to carry the woman as i\ was a very -muddy place. He replied hy would if he had anything to do with her I allowed them to pass on, but watched them out of sight, and then turned back to the tent ancl saw the prisoner (Murray) and Kelly. The tent flap was thrown back. Prisoner was on Ids knees. He was gathering some papers ; they were on a 'possum rug on 'the'" floor of the tent. Kelly was outside - standing at the door. He stodped down to gather up the papers. During tlus time, the three of us were talking: Kelly took tlie papers in. his hand and walked across to the five, which was five yards from the tent. He then put the papers on the fire. -Murray had a large sized, pocket-book in his hand. I had my hand on a shovel which stood by the side of the. fire. One piece of paper blew away, and, Lcanght it in my hand. There was some 'writing on it, which I read. J burnt the; paper, I recollect it was elated December, 1864, and a paper purporting to pay either Mr Revell or Mr Dobson the sum of L 45. I read both . names on tlie=paper, Kelly took a pencil put of the- pocket book. It had a bone top, which he brokie off. Murray put the pocket book into- -tlie ; fire. The bone top was thrown into the bush, and the pencil put into the fire. I then asked where they came front— the prisoner was present e-when Kelly asked, me if I had met any person oil the road 1 : I-said-that I had met •v party on the road who was-neither aman. nor a boy. They both said' that thatlrings belonged to him, and that they. wonldn?t have " put him- V if lie. had.not been , ■« galled," that is, afraid, and was anxious >. to evade them, which made them think l» ■' that he had something, IgV By the Court : Who said that ? A Witness j. They both replied-the conversation was general. I then asked *..-■ >i ■ ■..■■■

where the man was — " where is lie," one of them said, just at the back. Kelly desired me to come and see him. The prisoner was present. Murray, Kelly, and myself went in a sort of a track under a terrace,"" and behind the tent. Tlie road was contiguous to the tent. We all tliree went in the- same direction. On going in i I asked if he was tied up; The- prisoner said, "Oil, yes, he's right enough," I again enquired, when Kelly replied, "Oh, yes." We straggled along, and Kelly was more on the side than we. Murray was in the bottom. I was making to- ■ wards Kelly when J heard Murray mak•ing a noise with his mouth, as if to attract, j without speaking, the attention of Kelly. Kelly then came down the terrace we were travelling, when the prisoner said, " Here he is." I made towards the flat. I dropped my handkerchief under my hat. At the sumo time I observed a -man about five yards off 'in a recumbent position. His head was. lying ovor his right shoultbr. His- face was inclined upwards, aud his tongue protruded from his month, and the face was of a dark purple color, I recognised him by the bundle placed beside him, aud also by his dress as the person 1 had soon up the road some throequarters of an hour before. It was not that of the man I had seen carrying the parcel. The body I saw w;is that of the young man I have described as having a coat strapped across his shoulder. Noticed the watch-guard hanging out of Ids pocket, that I have before referred to. I said, '" Tlie man is dead." Kelly replied, "Yes, he died fi*gs fright, didn't he, Jimmy?" Prisoner replied, "Yes," or something to that effect. I then asked how it occurred and what they intended to do with him. Ouc of them said, " That whim tyin<r him up he fell down, ancl they let him sit down where he was, and he died from fright." Throughout Kelly vwas the principal spokesmen ; in fact, they were both under great excitement at the time, Kelly being more fool than- Murray. I was- under' a littfc excitement, but not so much as they. I asked what was intended to be done with the man, when Kelly said, leave him there, making a remark that Dick (meaning Burgess) and he had once before left a man in his blaukets, und he had been eaten away by the rats. **1 suggested that the man should be. buried, as it was near tlie road. I pointed out to them that the terrace ran parallel with the track. -They then agreed that it would be better to bury him. We all came to t'-ie tint, whan I went inside and took a donl.lo-barclled gun from under the 'possum rug. They went into the bush to where the body was. • One of them had a shovel. I do not know which one-. I wai ed some five minutes ancl lit my pipe. I then proceeded down the road some 80 yards. This was towards Greymouth. I heard some loud angry talking on the left lia'.id side of the road. I stopped ash >rt time and heard a chopping noise as that of someone- chopping roots. I heard some men talking. They were Irishmen, and coming from Greymouth. direction. Before they arrived I madcra noise to inti"inate to Kelly and Murray that some one was approaching. I seated myself under a large tree, which had been felled by an axe by the roadside ; the Irishmen passed. About a quarter of an hour after the men passed I observed Murray putting the^ire out and Kelly packing up the tent. The tree under which I rested' when I heard the men talking was about SO yards from the tent— it might be 100 yards. We then made up our swags into three bundles and wont along the road towards Greymoutlj. . [The court then adjourned until the following day.] Tuesday, December 4. The examination of Joseph Thomas Sullivan was proceeded with. He deposed: 1 saw the prisoner in the tent on my return from the track. Before seeing the body, tho prisoner had his hat turned down, his trousers were dirty, ancl ho had no coat on ; he (prisoner) was on his knees. Owing to interruptions by Messrs Button \ and Reos, 1 omitted to mention the conversation I had with the prisoner on tho morning of the 28th May. 1 related one portion of the message from DeL-icey, the remainder was. that we were to be very careful crossing the bridge, as it was like a watch-house. I took that to mean, that the persons living at the bridge were on the alert. That was the whole of the message, with the addition that they were to be careful in crossing so as not to be observed together. Prisoner likewise re Inted what had taken jilace at Virgo's, at the Saltwater Creek. Whan wo started ! from the tent on the afternoon of Monday, the 28th, avo went, on the track towards Greyimmth. We went along, the track in single tile, it was not wide enough to permit of our going along abreast of each other. 1 don't recollect whether we met any person on tho way down. About half a mile from Greymouth, at the coal-pit side, Kelly was very bad and weak from the effects of drink imbibed by him on the Saturday previous. We all agreed that it would be better to plant the swags. It was agreed that we should come out on the following day for the same purpose- It was settled up- n that we should come out the same road tlie next day, to. intercept I Mr Fox. The swags were planted under a log, about sixty yards from, the side of the road. At that time it was getting dark, and the moon was up. It was getting near 5 o'clock. After plauting the swags, we travelled on, it being a better roacl. We came as far as the iron hut, when Kelly planted a bottle of strychnine; we then came along to the shingle, which J was an open place, and we there had a conversation. The prisoner and Kelly were talking angrily-. I asked why they had been kicking up a row, as any person passing along the road would l^ear them; when Kelly said that Jimmy, meaning Murray, wanted to take the watch from the deceased (Dobson), and he (Kelly) would not let him have it. Murray said he could put it away " on the cross, and he mentioned the name of the party, saying that Harry Jones .-would stand for it, and that was worth, as much, as. the money they had got, I knew they got a bit of money from the deceased, but I did not at that time know the exact amount. [Witness here complained that Mr Button constantly interrupted him by speaking in a low voice to Mr Rees. • His Worship said that if the attention of the witness was thereby distracted that he should have the protection of the Court.] Examination continued : We had a general conversation on the way to the Grey relative to sticking up Mr Wilkie on Sunday afternoon. Prisoner said he was made a fool of by Burgess not taking him to stick up Mr Wilkie at Cobden, instead of sending Billy DeLacy out for me (Sul-

livan) or Kelly, On approaching Greymouth, I suggested that we should remain quiet. Kjlly laughed, aud said there were no- secrtr ts between mates, especially between him and Dick, meaning Burgess. Prisoner said Dick was a nice little fellow, aud that he was all right. He said that Phil Levy jwas a-bl y hound. Kelly and prisoner then had some angry words relative to this expression. Kelly defeuded Levy, saying that he always did his work well. At this time we three had arrived at the Grey. We kept together . until we arrived at the Provincial Hotel. Kelly and Murray wont .over to the quay. There was a boat hauled irp alongside of a vessel. I then parted from them, I saw Burgess at the Provincial playing cards with a woman, whom I understood to be Bjii Barnard's wife. He (Barnard) is a Hebrew, Burgess was playing for money ; there was half-a-sovereign on the table. This was a little after six o'clock. Barnard was sitting at the fire. I made a sign to Burgess intimating that he was wanted, and lie came out with me and proceeded to the bout, whore 'we found Murray and Kelly. '■ Wo four met there, and Kelly took out six LI- notes, and half a sovereign that he said he had got off the fellow, aud handed it to Burgess, who was considered a soab of captain amongst us. Burgess gave" aLI note and a half sovereign to the prisoner. He gave me aL] note and 10s in silver. I do not know what he did with the rest. Burgess asked where the tools —meaning our 1 rearms at.d swags'- — were. We told him they were planted. Burgess found fault, and said he wouldn't be penned up by James — meaning Inspector James — and thit tlie tools must bo ft.-t.-hvd in. The quistion was where, were they to be taken to. Prisoner then said that he would take them to an old Nelson mate of his, who kept a fruit shop at Greymouth. Some conversation tookrplace as to what had been done- that afternoon, and Kelly began to relate to Burgess the stopping of the deceased' Dobson. Murray said that if the man was missed it would bo put down to t!ie two men who had been playing- up on the road, meaning the two men he (witness) had spoken of in the morning. Murray then explained to Burgess who these two men were. Burgess suggested that we should go out early in the morning and fetch the things in. Murray and I proposed to go for the things in the morning. It was then arranged that wt, should attend to. this. The prisoner and I then went* to the Nonpareil Pie Shop. The othor two men stayed where thay were. We then left. j There were two pie shops, and we had been in both. The one I now refer to is the lower one, nearest Barnard's. Witness : I wish to be explicit, but Mr Button won't allow me.. Mr. Button : I only wish to have your explioitness t:iken down. The examination resinned • We had some refreshment, and then came out. I then left the prisoner, and went into a barber's shop On that night 1 slept at the Royal Hotel. ] also left Kelly at the hairdresser's, but before leaving Kelly promised to come out with me in the morning. I know that Murray slept at the Criterion, as he said he' was going to do so. This was about half : past seven o'clock, That was all that occurred that night. I got up the next morning at about half-past 5 o'clock. I went to bed on the night previous at about half-past fl. There was soino one else in the room where I. slept. Tt was a man who bad boon suffering from illness. He slept in the .next bcil to me. Another man came in later in the evening. That made three in the one mom. Nothing further transpired on that night. I went as far as the iron hiit in the morning. Shortly after Kelly arrived. This was about seven o'clock in the morning. After waiting for Mm ray some time Kelly and I went and got tlie swags and made two swags of them. One was heavier than the other, and in consequence of Kelly's weakness I carried it. I went down towrrds Greymouth, and met Murray where the canoe lies across the track... Kelly was angry TvttftiTiiirfor coining' so'Tate^ and he apologised, saying it was. because lie had a pair of woman's boots on. We then went on as far as the iron hut, when Murray took my swag. It was done up iv. my oilskin. * Kelly went to " spring a plant;" that is, to iiml something that he had planted before. Murry and I went on down the track. About eight o'clock we met a man enquiring for cattle. JTe. asked us if there was any cattle up the track. I saw the same man the day before. He was driving cattle, We went on till we came in sight of the shanty within a mile, and a half of the Grey. I then took the swag from Mur.iay, as he said that people were likely to notice him with it, as they were out chopping wood when he came by. I proceeded on within a quarter of a mile from Greymouth. I then ».-ive the swag to Murray .again, fie was in the rear following hip. We waited until Kelly arrived. About twenty minutes after Kelly came, and complained of being bad with dysentery. It came on to rain very heavily, anil we all- three got wet. I tli<ni proceeded on to the Grey. Prisoner was a little in. advance of me. He had the swag, which he was to take to the man "George." When we got on. to the Quay we opened out. Kelly was a little ahead of me. He turned into the Nonpareil pie shop. I lost sight of the prisoner at the Post Office. I followed Kelly into the pie shop, and we changed our clothes. Kelly and I then went down to the Provincial, where we saw Murray, who had also changed his trousers Barnard made a remark that he would not have the prisoner there. At night DeLacy came. I never heard the prisoner at the bar nor any other person. in his presence describe the mode in which the murder was. effected. It was described on the 12th June. Mr. Button : your Worship, the witness has a pencil, and is making notes. Witness : lam not making notes ; lam merely writing a question that I want put, relative to the matter at issue. Mr. Button : The Crown Prosecutor will do that. , ■ ■ His Worship : I cannot allow you to make any notes or memoranda whatever. Examination resumed : From information supplied by DeLacy I was sent on the 29th to iincl prisoner, in reference to going out again. [The. witness was proceeding to give further evidence when his Worship ruled that it was irrelevant.] On Wednesday I saw prisoner again ; 1., was in company with a man that I knew at Hokitika by the name of Tom. We went to the Criterion Hotel and had a glass of something to drink. After parting witli him I went up to Sweeney's corner, and there saw DeLacy, Kelly, ancl the prisoner. The man Tom that I spoke of came by; carrying a surveyor's chain in his hand.. He spoke to me, and after he left, prisoner asked me- what that "bloak"liad been speaking about.. Prisoner asked me if the man: with the ohain was speaking about the deceased, I told him, no; 1 didn't know whether Tom was- a surveyor or not. The prisoner found out that; the': deceased Dobson was a surveyor from having read his papers, which Kelly could not do; as he had nat got his spectacles. I told Murray that the man had said that he was in the survey department, and was waiting for his head mail, and that he thought he was the .''miss-, jug man," Prisoner and I remained off and.

on up till Friday night tlia Ist June. On the 30th or 81st May, Burgess, Kelly, Murray and myself were coming along the road about two miles from Greymouth, near the shanty at the • bridge, some men went by, when Murray said they wer'i some of tlie survey party, and ho would lay his life they were going out to look' for the " covo;" That is all that transpired to my recollection.. The iioiivh w.is then adjourned for half-an-hour. [This concluded the witness's examination in chief. Tlie cross-examination was commenced by Mr Button, any special features of which will appear in our next.]