THE MURDERER SULLIVAN.

Grey River Argus, Volume XV, Issue 1993, 26 December 1874, Page 2

THE MURDERER SULLIVAN.

[aegus.] At the City Police Court, Melbourne, — before the Mayor and Mr Sturt, P.M., and Mesßrs O'Grady, Wilton, Fairchiid, Heath, D, S. Campbell, Laurens, Prince, Zox, O'Brien, Slither? land, 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 upon him for felony in another colony, contrary to the provisions of the Influx of Criminals Prevention Ac h. 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 of the individual, they could take one of the three courses, viz. , imprison, him here for three years, hold him to bail to leave the colony within reason* able 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 sentencedjto death for murder, the sentence being afterwards commuted to imprisonment for life. The sentence, being for life, could not expire by effluxien 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 i 9 the man. Mr Winch : "■ He does not deny the fact. ■■■■■•'■■ ' Mr Sturt : Call some evidence. MrWihch called.- ' Francis Thomas Colvin, senior-con-stable, stationed at Wedderburn, said he . arrested, the .^prisoner on the 9fch iußtanifc, at Weolderburn, , on -/a, charge .or. 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 I am 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, I 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 ;Sullivaa or not, and that he said he would take an action against one for saying he was Sullivan. Also that some of the passenger." landed before he got to London, and telegraphed to London that Sullivan waa 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 he went to France, and was through a great part of that country. He talked generally of his life in New Zealand and at home. The Prisoner : In arresting me in the room — I may remark that it is not to delay or occupy the time of the Cgurt 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 I said things which I did not. Part of what he says I said is true, and part is hot— did I not say when you came into the room, "Am I the man you are lookiogfor?" Witness: No, I don't think you did. You did not. Prisoner : It was most inconsistent for me to say that I was the man he was looking for, and also that my name. wa3 not Sullivan. It i 3 most improbable, and I deny it in toto. Did you caution me before asking me if I was Sullivan ? Witness : No. Prisoner : I 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 jWest Hotel, Lonsdale street, deposed :— 1 waj in New Zealand in 1866. I was a warder in Dunedin gaol. I know the prisoner. He was sentenced at Nelson, and was there I think 18 months before he came to Dunedin gaol. He was sentenced, I heard, for wilful murder, of a whaler 1 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. J last saw him previous to my departure a few days before I left in 1873. He was a prisoner when I left. Cross-examined by the prisoner : lam positive you "were a prisoner in Dunedin gaol when I left in 73. ' Prisoner: You did not leave at that time. I saw you since that. Witness : I 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 Jed 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 ? Witness : "When you were at Pott Chalmers, I believe I did.. Not always, but perhaps on some occasions. I don't know what date that was. Prisoner : What year? Witness : 1873. Mr Winch : Will your worships require any further evidence, after the man's own admission ! Mr Sturt: No. ' ' :Mr Wioh : Might I repeat my application now that your worships, should send him back to New Zealand ? ■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 yeu be taken in custody: to the country whence yon 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 1 am sentenced to be read I 1 The {Mayor ; It is too late. Remove him from the courti i The Prisoner : Perhaps you will allow me :, Mr Winch: Perhaps you will hear what the prisoner wishes to say. Prisoner: I 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 he 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 detained without my Beeihg.it.,'. ;• ';' ',.'" . . • ...... ■ ' ••" . The Mayor : That h^s" uothing to. do with the case at all. ' • : Mr Sturt, P.M.: If you have any complain ts v to make, - do so previous to being remanded; out of the colony.: •: Prisoner : I am remanded now. Mr Sturt : But not sent away. Prisoner.: I am remanded and: sent out of the country now as a, man with great murders on me. I challenge the world— l have been 30 years in Victoria, and I. challenge the world and all! the police officers connected with all the colonies to prove that I ever was charged with any crime, and in the present case even I was illegally tried and convicted . I said. so , in New Zealand, and repeat it herejr'that therein was. not .one tittle of evidence against me to conviot me of;

murder. I should be a cold-blooded man if 1 did not return to Victoria, because my family would have been deprived of land of which I had the Crown grant if I had not returned. That is what brought jhb back, becuzse my name having become notorious in Victoria, I would be glad to leave it. The prisoner was then removed. Tlitre w,is a large crowd of persons waiting outside the court before* it opened," each one being anxious to be Ihe first to get into courts in. order to obtain a good place from ' which to view the notorious prisoner. The majority, however, weredisappointedr 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, andintroduced 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 hot massively built, appears to be well-knit and sinewy. He wore spectacles at intervals, when taking riotes-on' a piece of paper. 'His eyes are dark, small, arid deep setj: and • have a "fishy" .• appearance, -and were - generally regarded as thexworst :.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- - very bad tongue. He is descrioed as 59 years of age, but looked fully KLyears \ younger, his beard' arid hair being; very' black, but presenting the appearance of ' having been dyed. His; manner in the dock was exceedingly self-possessed. Hi 3 whole demenour gave one the idea that he was thoroughly hardened and iun- „j troubled by any feelings of remorse,. that ... he rather looked upon himself, as' an lit- J ; nsed individual than the subject of uni- ~ versal reprobation, and that -he was a determined character who would not hesitate to carry: out any scheme, however, bad, which he had once initiated.; : -; a .,;.>, , ; . The sentence of the Courtis that SuluWio yen is to be taken in custody tri>New Ze^/ii land, which means that - { he^wilTb'e i Kept here in gaol till an opportunity offers to get himj-tq -New Zealand, when he willibej^ placed on board a, ship for ; that place, in charge of a constable, who jyill accompany him to that colony and leaVe him .on the wharf. The authorities 'there will probably be waitiug to receive him, in order to prevent his being lynched^ Some^iffi-, culty will no -doubt be experienced; 1 m. 1 obtaining a passage , for him^aa rino^ship^ master will care to * have him 'on bbarb^ for fear, his; presence .would deter, : o.ther ? • passengers from traveling by the same/, boat, as most travellers would probably regard Sullivan as a Jonah. K i:! "