THE CONSPIRACY AGAINST MR. E. B. FOX.

Grey River Argus, Volume III, Issue 145, 15 December 1866, Page 3

THE CONSPIRACY AGAINST MR. E. B. FOX.

TRIAL OF WILLIAM DbLACEY. (From the We.it Cou.it Times.), William DeLacey was placed in the- dock charged with conspiring to rob one Edward Burton Fox. The original charge of conspiring to murder was (for the present) withdrawn. Mr South appeared' for the pvosucntimi, and Mr Button (of Button and Reid), with Mr Hoes (of llees and Tyler), for the prisoner. Mr South opened the case, ami called Joseph Thomas Sullivan, who, being sworn, deposed: I am acquainted with the prisoner. I first knew him at Hokitika, <m Sunday, the 20th May, 18UG. He brought-nie two letters from Groynumth. ; one for- myself, and the other for a constable named Carr. They were written by a mau of the name of Kelly. -Prisoner called on me at the Hope and Anchor Hotel, Hokitika. The prisoner showed me a pipe from Kelly as a passport to my knowledge of him, and he intimated that I need not be afirid to open my mind to him, as he had come from Tommy, meaning Kelly. At that time he did not say anything particular to mo. He then left, but returned again after nine o'clock that evening. He went out, and 1 told him that I had not written my reply. He then said that he was going to the Grey on horseback, and would call for me. He a'so said that he had coims down by the steamer, and would have to hire a liorse from No.ih's stables. We then had along conversation about Burgess. Varrcst. Prisoner informed me that Mr Fj V would be in Greymouth on Monday, 'Jie 21st May, ISGO, aiid that we should lose him through the arrest of Burgess. This was relative to a previous arrangement. Prisoner said that Kelly was three miles out of Greymouth, and that Levy used to go out with Tommy every day for the purpose of sticking up Fox, and that if he (Fox) came along, Kelly was sure to knock him over. The prisoner said that he had sent his old woman (moaning his wife) to Southland, and thai it took ail the money he had, and left him hard up. Prisoner said that it was originally intended that he . should go -with Burgess, Kell^ and Levy, but that it was subsequently arranged that he (prisoner) should remain in Greymonth to shepherd Fox, and that he should pro- ■ vide two horses f'-r 13urg«ss and Kelly, to enable them to " clear out." In consequence of my joining them another arwas afterwards made. Nothing ■■[further r-jlativc to Fox trjnspired on that (Sunday). Tlie. prisoner, on leaving me that night,' promised to call -on the following morning, die 22nd May, a* about ten o'clock. He was ruling a grey hor.se. I gave him a letter to Kelly, which he promised to deliver to him. In parting with mo ou that morning, prisoner said that he wished Fox had not arrived ; this -'r^. in answer to my observation to tho*C&&sthat Burgess would be acquitted the next day. The conversation we had on this occasion had reference to "a message received by me from Mr Button. DeLacey then started for Ureymouth. Kelly came into town the next day, at about .2 p.m., dressed as a digger ; he was carrying a shovel ; he came to be arrested in Hokitika to avoid being taken at Greymoutli, a* that would have marred our plans and Mr Fox would have escaped. We knew that a warrant had been issued for Kelly's arrest. Prisoner told me. that Mr Fox did not arrive on the Monday, and that he w.ould not be in Greymouth till the. following • Wednesday. On Saturday, the 20th, Burgess, Kelly, and myself arrived at Greymouth. About one o'clock on that day we three went to the stables behind Sweeney's Hotel. I believed they were occupied by prisoner. I observedJJiatthe same grey horse ridden by him from Hokitika to Greymouth was there. We did not see DeLacey, but we saw a boy who is called Laverty.. Kelly enquired where DeLacey was, and the boy replied at his other stables, Cobdon. ' Kelly and I then went there and saw DeLacey. He . was in a hotel, and upon my enquiring for him he came out. We then had a conversation relative to' the acquittal of Burgess. Prisoner then saicV that he was very glad we had arrived, as he had received intelligence to the effect that Fox would be down on the following Monday. We then left. 1 next saw the prisoner on the following day at the Iron Hut, which is about three miles from Greymouth.^ There were present Kelly, DeLacey, and myself. A young man connected with one of the banks also rode up and asked DeLacey what he was doing there — the exact words were "What are yon doing here Mr. DeLacey." Prisoner replied that he was looking for ahorse. The lad then went up, the Arnold track, when prisoner said that he had bean, seen two or three times at that hut, and that we must clear out of that place. Prisoner wanted me to ride behind him on the same horse, so that we might stick up Mr. Wilkie, the storekeeper. Mr Button objected to this evidence. His Worship ruled that it was inadmissible. 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 in for two or three weeks, and that w.e. wer.e.sure to get L4OO or LSOO a man. Prisoner- said that it was. very likely he would come out next day, and in the meantime he would see Dick and Jimmy. DeLacey's business was. to look vggv-^fter Fox, and give us every information /ftW^ 9 to llis Proceedings. Prisoner distinctly L^" • seated 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 out of tho place, so that if

' there was any row, they could establish an 'alibi.' I then went to the iron hut,' 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 there as Burgess had been seen by Inspector James, and he (Burgess) was anxious to learn tidings about Fox. DeLacey j said that ho had not seen Fox, as he had I but recently returned from Cobden. We all went (including the boy) into the public-house next the stable, and had a drhwc, when DeLacey promised to let us know about Fox as soon, as he got information about him.. Tlur prisoner further said that there were two or three things that he knew, and that I&urguss was not to go 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 Do Lacey came into the back room where j Kelly, Burgess, Barnard, a woman, a little boy of the name of Jones, and myself were. Prisoner wont out with Bur gess, and when Burgess returned I went to a fruit shop, but on my way there 1 < 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 in the evening' Burgess, Kelly, and myself saw the prisoner, when Kelly asked him to get our party some bullets from Milliard's shooting gallery. Prisoner said that he did not like to go"as ho had no money, and might j not be able to get them. Kelly there- | upon gave him ss. Prisoner then weut ■ a:id rofurned with the bullets ; he gave ', them to Kellv. I saw the prisoner take j the bullets from Hillard's, but I cannot j , say whether he paid for them or not. | They weighed about four pounds in the j lump. It was in-ranged that we should go i out in the morning, (Wilson was present). , 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 his. party could not get past without going round the corner ■ of it, as there was plenty of mud there. Tho prisoner came out ou that day, Wed- ■ nesday, the 30th May, at about 12 o'clock. ! It was raining very hard. He was on . horseback. He tied his horse up in the \ bush behind tho iron hut. We all stopped > until the rain ceased, and we then walked . up to the place where we had boon in , ambush. While we' were going there, r prisoner said that Fox had been very busy in Greymouth that morning, and i that a man named Molloy was coming out ; with him. He also added that he thought [ Fox was going to Hokitika. We then i took up our positions to show prisoner the manner in which it was arranged that we should sick 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) would come out on horseback, and put us over at a narrow point of the river, and that we w.mld have to " put them all up," as they came along towing the boat. This planing was principally between lUn-gJgg|., Kelly and prisoner ; but I hc.ird all||]ie conveit-atioi). I heard prisoner say" "we "■Km ild lot tho boat go down tho stream to . make it appuar as though the men had r bejn drowned. I saw the prisoner at a ' later time in the day at^roymQuth. I ' should think it was abonpiaif-past three ! in the afternoon ; this was at Sweeney's corner. Wilson and Kelly were also r there; Kelly went down towards the ocean, when DeLacey pointed out to me a man as Fox, that he (DeLacey) was going to ask Fox when he intended making a start, as he wanted him to take a letter. '. 1 then left, but saw prisoner again on that > night at Barnard's, when he told me that . he had seen. Fox, and that he had asked s 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 in the morning, and let , us know about Fox's, starting. Tiie \ prisoner came to us the. next day, and [ said that 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 name Williams, was brought by prisoner for me ; it was a • ' passenger; ticket- per the s.s. Wallaby, for theßullerfft The prisoner told me on the 2nd June that he had purchased a ticket for me. Levy gave me the ticket, and when I saw prisoner in the. afternoon I showed it to. him, but he made no comment concerning it. On this occasion the : prisoner brought me some gunpowder which had been obtained; through the instrumentality of Harry Jones. Mr. Button requested that the. further investigation of this charge might be deferred to Friday next. His Worship acceeded to Mr. Button's request, and said that as the". present charge was only a misdemeanour, he would admit him to bail— himself in LIOO, and two sureties of LSO each. When DeLacey left tho dock, ho placed his hand round his neck, intimating that Sullivan deserved hanging— at least- such was the construction placed by that notorious party, for- he claimed the pro- ;' tection of the Court. - His Worship said that he did not see 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 jii. on Friday.