THE DOBSON MURDER CASE.

Grey River Argus, Volume III, Issue 143, 11 December 1866, Page 3

THE DOBSON MURDER CASE.

TEIAL 0? WILSON,

(Abridged from the Wed Coad Timte.)

Friday, Dec. 7,

William Henry James-, being called and sworn, deposed: l am' Inspector .of Police ' in charge of the Grey district. I first saw ; ~ the prisoner at the bar on Wednesday ' iiidit, between eleven and twelve o'clock, " the 30th May, 18U8, at my private house, . Arney-street, Greymouth. He was very ; much excited, and said that he had something of very great importance to communicate, and wished to see me. This was said outside, and before I, opened the door. I offered no inducement or threat to the prisoner, but he said that lie .was determined to make a statement before a magistrate relative .to Hill and Hannon. I said, "You mean Burgess' and Kelly?" He' .said " Yes ;".and that he wanted a written guarantee from a magistrate for forgivejiess for what he had done, and also suflir cient money to leave the Province at once^ ■for that if Burgess or Kelly knew that he had communicated with the police they .would take his life. This conversation was held at .the threshold of the door. I stood on the door step and tho prisoner ou the verandah. He further stated that he ihad walked up and dayn ihat night outside of my place, for two hours, before lie could make up his mind to take the step he had. . The prisoner had a comforter .'round his neck, and wore a black waterproof coat and a dark slouched hat. He .said nothing else just then. The prisoner was not in custody tiAi the Sth June. I proceeded with him to IMake Town, for the purpose of making a statement to the j magistrate. He said, " I'll walk ahead, .and you follow, as I do not wish to be seen with you.' r When we got to Blake j Town, Mr. B#vg-11, the Resident Magistrate of Greymouth, was not at home, and .the prisoner said, "You must find him, as I intend to walk up and down all night until I see the magistrate." I then left him, and returned with Mr. l^evell at about twelve o'clock, , or a little after. I 'did not look at my watch. The prisoner went into aback roam .of the Court House, Blake Town, and I accompanied him. 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 leave 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 anylhing'ho might have done. i [A discussion hers took place as to the t .adinissibtiity of the witness's evidence, &-'■ but the Magistrate decided<to take it.] F Examination continued — I did not hear W any statement read over to the prisoner. ■ * He also said that one of them -had stolen A. a shovel for the purpose of burying Fox, -': and that this had so horrified him (the i Is prisoner) that he wanted to get out of the ;: country ; that he had been a thief for pome time, but never a murderer. He \ .also intimated that DeLaeey was their spy, and would give the information to their party when Fox left Greymouth, and that { it had been arranged that Burgess, Kelly, j -Levy, Sullivan and myself should go out : ...the next day to the same place, and for the same purpose. The prisoner tlibn left jhe Court Rohso at Blake Town, and I : had a conversation with him outside. The .prisoner^yas not in custody, and I never held out any inducement in any shape or - form. I then suggested to the prisoner .that he should go" out to the parly next „ ilay (Thursday), and that I would see Fox X"and,K "and, prevail upon him not to go till Friday as- 1 would then take precautions to arrest ~~ ihe "party" on the track. We then parted company. I saw Mr Fox the fol- -•' lowing morning. I accompanied him to phe Twelve-mile. On Friday evening I ,'met the prisoner by appointment, I mean that it was in consequence of my having deceived the document produced. I received it through the post, and it is in the of the -.prisoner. The place we met is termed the Grey Hotel* The prisoner asked me if I had received the letter, and I replied " Yes.'* The prisoner "said he did not like to sign his own name to it. It. was signed *f Incognito.' 3 ' His Worship : WilLyou be kind enough to read the letter. Witness : Yes, your Worship. The following letter was then read. We popy it verbatim : — • ".Sir, — We arrived in town after seeing ■ your party pass by. Things were so -badly arranged, in the manner in which the con-r jjtables were sent ou the road, that we received intimation that something had gone wrong, as two men, who, by their dress, looked siispiciously like constables, had been seen to go on the road, and the look oist man could see two men in the scrub loitering about. This was enough to alarm the party, and they accordingly recreated into the bush. We, saw your large paj-ty pass bye and then came in. To show you what variety of ways we have got for getting information, of what is going on, the first news that greeted us was, that Mr. Fox knew he was going to be stuck up, as one of tho party that has to be engaged in the affair, had turned round. I think you could have hardly acted by your, promise to me, to let that news get bruited about, for it would be the ruin of me, and also spoil anything that I can do for you, if the slightest details of what 1 have told you should leak out. I hope you will take every precaution and not tell any of the force, or let any one. else know what has taken place , whatever you do, do not let anything get into the newspaper of what has occurred. Nothing from the party wanted. Take alarm at once. It would cause them to take extra precautions and not allent, if- the force should speak about my being "seen cm the road in their company. To exculpate me, rather let the common constable have a slight down upon me in the matter, for the party gets information through so many channels that even what the police talk'about con- . fic]entially is liable .to reach their ears. I should like to see you this afternoon, at 5 o'clock, at the public house crossing the bridge ; I shall be in the parlor ; do not ask if there is any one there, but walk in accidentally, if yon can manage it. To throw any amount of suspicion on me in tlie eyes of those parties' that keep the shanty after, crossing the bridge — I should like it better ; for parties will be there pumping them .and enquiring what was lip yesterday, and I know they ' spotted' nic, so let them -think I had my full share - in the transaction. " .■*■■"■'■-■' "I beg. to remain', ' ""Incocwjito." L'^ Examination continued : Prisoner then l^jtpict that Burgess, Kelly, Sullivan, and

himself, had been up the track that clay, lying in ambush, and that while there DeLaeey rode up and gave them information that Fox had left Greyniouthj and was followed, as ha (DeLaeey) supposed, ' by constables in disguise. DeLaeey then .' left them, and they retired further into ' the bush, and watched the party under my .charge pass, but they did not like to ! make the attack, as their look-out man had algo observed parties "following ¥jj\. ! The prisoner said lie was hard up, and would I advance him. some money, -as he | wanted to leave Greymouth. I said that j I could not advance liiui any money on account of the Government, 'but I gave him 5s to get his supper and breakfast. lie then told me the name of £he hotel in which Burgess, Kelly, and Sullivan wore staying. It was the Provincial. We then parted. I am not certain whether I saw the prisoner the next day, but on the stli June I met him by appointment at the Post-office, Greymouth, at nine o'clock vi night. The appointment was made by hitter, which 1 left at the Criterion Hotel. Before entering into conversation with the prisoner I did not hold out any inducement whatever. I asked him where Kelly, Burgess, and Sullivan were, having warrants in my possession at that time for tUtfii* arrest. He said he did not know, but that they had left Greymouth. Prisoner then asked me if I could tell him whether Dobson was last seen alive between the Arnold and tho Twulvoiiiilu or the Twelve-mile and Greyisiouth, for if between the latter places no doubt Kelly and Sullivan "put him away," hut that he (prisoner) had noticed by tho paper that morning that Dobson was last seen ulive between the Arnold and the Twelvemile. Prisoner then enquired whether he (Dobson) was last seen on the Monday or the Tuesday. I did not reply. Xc then said that he thought Kelly and Burgess (I won't be certain whether he mentioned Sullivan's name) had gone to the Buller, but he subsequently stated that Burgess and 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; and it was about nine a.m. when they arrivjd there ; that they had a drink of hot tea, and then all four jjroooeded a short distance up the track and selected a spot where they intended to murder Fox and 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 Grey- ') mouth at about half-past twelve. That he (the prisoner) slept that night at the Criterion Hotel, Greymouth, .and did not rise until very late following morning ; and upon his going into the main street he met Kelly, who said, "Where's Dick?" Kelly gave prisoner a swag, which he took to a person named George Coburn. 1 omitted to state thaj; the prisoner said he 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 he took to Coburn contained firearms I do notVremeniber the prisoner saying anything^else before I arrested him. I then arrested him on the charge of conspiring to murder Fox. I cautioned him m the usual manner. He was searched iv my presence, and three Ll notes were taken from him, and 1 think 2s (3d in : silver. He was searched at the stationhouse, Grey mouth. He was very excited and said that nothing would make him divulge anything more. On tho following day he voluntarily said to me that while with Burgess, Kelly, and Sullivan, he had taken some old clothes up the track for disguising themselves, and that he had partly shaped out four cloth masks out of a waistcoat. At the same time he described the spot where he had 'planted' them, viz., bejgyeen the iron shanty and Alabaster's ; he did not tell me the day when he had ' planted' the disguises. 1 proceeded on the 7th June to the spGt in"dicated by prisoner. I- was accompanied by Mr. Bain, the surveyor, and another man. I found two pairs of old trousers, a woollen jumper or shirt, and four pieces of cloth concealed under a log, all of which things I conveyed back to Greymouth. I don't rumember that anything else transpired between the prisoner and myself until after the inquest on the body of George Dobsoh. Yes, I now remember on one occasion, when Mr..Todhunter and Mr Dobson, the father o'fHhe deceased, were present, (I should think about a week before the inquest,) I asked the prisoner whether he thought Burgess, Kelly and Sullivan had murdered George Dobson, he replied " that he did'tit know." On another occasion I put a proclamation or bill, offering a reward for the finding of the body of George Dobson, and a free pardon for an accomplice in the prisoner's hand. The bill produced is exactly the same as the one 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. The prisoner made no statement to me with reference to George Dolson, the deceased, until the sth June, shortly before I arrested him. On one occasion, I think .about the same time as he told me about the clothes, he (prisoner) said he did not recollect where he slept on the night of the 27th, as he 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 me to put some one with him in the cell, as he was afraid to sleep alone, that he saw such fearful sights, .and heard such dreadful sounds, that he feared if he was left alone he would go mad. On the 12th July the prisoner told me that he wanted to make a statement. I cautioned him in the presence of the sergeant, and informed him that whatever he said would be taken down in writing and used against him on his trial ; he then made a certain statement, which I reduced to writing. The following is a copy :— " Kelly and Sullivan, to the best of my belief, camped at the iron store about three miles from Greymouth, up the Grey river, on Sunday night, the 27th May last. I and Burgess met them there on the following morning about 9 a.m., and had a drink' of hot tea in the store. ' We all then proceeded in company a short distance towards the sawpits, and selected the spot where we intended to intercept Mr Foxj the storekeeper. Ohile there, De Lacey. r.o.de up, and said he was going to the 'Twelve! Mile, and after a little left in that direction. I, Kelly, Burgess, and Sullivan returned to the iron ttore, where Burgess and 1 then left the others, and returned to town. When we arrived at

the bridge De Lacey pulled us up. We were surprised io see him. Burgess said ' Go back, Jimmy,' and took De Lacy on his side. Burgess said to me, ' You go ou with the blankets. ' Burgess and De Lacey then went into tho hotel. Before j .tlaiug so. I heard De Luoey say he had fotuvned because it was raining, and the I track would be too bad. This was about 1 lialfrpasfc 11 a.m. I then proceeded slowly j towards town, and on looking back at an | angle in the road, I saw them following me ;" and just before I readied the town, IDo Lacoy passed me riding fast. I then took the blankets to George Coburn 's, and sawed in his shop that evening, and slept at the Criterion Hotel that night. On rising the next morning after breakfast, I went out, and met Burgess near Barnard's, when he asked me to look for De | Lacey at Sweeney's. I then saw Kelly and Snllivau coming into town, when they said they wove very hungry, and where was Diek — I said at the bridge, Kelly^said, ' Take the opossuu^-skin swag' (the guns were in it at the time), which I took to George Goburn's. On Tuesday evening late, Sullivan told me to get the ' tool./ 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 wight, one contained the firearms, the other the blankets. On Tuesday night I said to the landlady where 1 slept that I 'would be away early .ou tho following morning, and paid lux. 1 arose early, carried the swag.«> and when about half a mile on" the bridge I met Sullivan ;he says, ' \Vhat'the'b y h 1 have you gac up so late for ? we shall lose the b y man all through you.' I replied, 'It will be hours before Fox will p.isf .•' He then s; il,'Yiu go on ahead, Burgess is before you, 1 will wait for Kelly.' I overtook Burgess at the bridge. We pushed on t,o ihc iron stora, and in about a quarter of an hour Sullivan and Kelly joined us. One had a shovel, with which they secured the door, some .men came shortly after and pushed 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 shaping out the masks, when Sullivan said, ' You don't want them ; when you aye clean they won't Know you again.' 1 said, ' That is nonsense ; we will have disguises.' One of the party said, ' Yon can finish' them up there :' meaning the spot where we intended to stick up Fox. When we reached the appointed place Kel'y and Sullivan said, ' Throw the tilings away ; you don't want them, as you can s and in the bush and shoot : for I and Sullivan will make him walk in front of us.' Burgess then called me aside ajul §aid, It is no use you going on any more, for we mean burking, as wo have had enough of goal, and don't want to 1)0 like rats to hide ourselves. It came on to rain, and being horitied at their remarks, I would have left them, but was afraid for fear they would have shot me had 1 betrayed any cowardice. We thought no one would pass that wet day, and proposed to return as the river would soon rise, and knew we would s.gc Fox the following day, as he no doubt would be on foot, Sullivan 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 On the Sunday previous, Mrs Fellow's son went to Hokitika. I did not sleep at the Criterion Hotel that night. Her two sons usually slept over my head, but on Monday the child slept with his mother. I lay in bed Jaj;o on Tuesday morning, until after breakfast, and heard the girl grumble buc.iiise I would not have any breakfast. After I went out of doors, I met Burgess near Barna"* '■'.,, , 'as I have before stated ; this will prove that I slept at 'the Criterion Hotel on Monday night." [This witness then went on to describo the finding of Dobson's body, but no new fact was mentioned.] The Court then adjourned,