THE MAUNGATAPU TRAGEDY.

Hawke's Bay Times, Volume 8, Issue 424, 27 September 1866, Page 3

THE MAUNGATAPU TRAGEDY.

Trial of the Prisoners. SENTENCE OF DEATH PASSED ON LETT, BUEGESS, AND NELLY. THE JUDGE SEVEN HOURS SUMMING UP TRIAL AND CONVICTION OF SULLIVAN FOB THE MURDER OF JAMES BATTLE. SENTENCE OF DEATH PASSED ON HIM. (Per Submarine and Inter-provincial Telegraph.) (From the correspondent of the Independent.) Nelson, 17th Sept., 7'25 p.m. The ease against Burgess, Levy, and Kelly closed this evening for the murder of Mathieu. The Judge will sum up the evidence to-morrow morning. Burgess very bitter against Sullivan ; he called witnesses to show that the object of latter in turning Queen’s evidence was not to promote the ends of justice, but to escape from punishment himself. Kelly asserted his entire innocence, denied that he had killed any one, or was with any one who did. Burgess and Kelly each addressed the jury on their own behalf, and Mr, Pitt on behalf of Levy. The case is very strong against the prisoners. Evidence of Sullivan no way shaken. Trial excited great interest. Independent OiTico, 19th September, 11 a.m. The following telegrams have just been received : Nelson, 18th Sept. 6 - 20 p.m. The Supreme Court opened this morning, at 9 o’clock. It was crowded to the doors, many ladies being amongst the spectators. His Honor Mr Justice JohnsWn occupied seven hours in summing up the evidence to the Jury. The Jury retired at about half-past 4 o’clock, and, after an hour’s deliberation, returned into Court bringing in a verdict of “Guilty ” against all three prisoners. A dead silence prevailed in Court as tbe Foreman of the Jury was asked whether the prisoners at the bar were guilty or not guilty; and as ho replied “ guilty " in the case of each prisoner separately, the most intense sensation was felt by all present in Court. The Judge asked each prisoner separately if ho had anything to say why sentence of death should not be passed upon him ? Kelly made an abject appeal to be allowed to to explain the facts of v the case, vehemently protested his innocence, and alleged that the Judge had charged the Jury incorrectly when telling them that everything which was found as des° cribed Sullivan corroborated the evidence he had given. He was proceeding to discuss the evidence, and was permitted to do so at some length by the Judge, who ultimately, however, stopped him. The following scene then took place:— Felly—“ Will you not allow me to speak ? The Judge—“ I cannot permit this any longer.” Kelly—“Oh, that’s bad, do let me speak. Nobody will be sorry for my death. I leave no one behind mo Still I ought not to bo condemned to death wrongly.” The Judge then addressed each prisoner separately in the most solemn manner, and passed sentence of death on each by name. After sentence of death had been passed, the prisoner Burgess, bowed to the Judge, and said, “ I accept my sentence with humility.” Kelly was completely overpowered, and said nothing. Levy, “ I am happy to inform you, that in my own mind and heart, and by the god I worship, I leave this bar an innocent man.” The Judgo replied—” You have no right to say so, such a statement can make no impression on me, nor should it on the Jury or the public.” LATEST SPECIAL TELEGRAMS. Nelson, 19th September, 10 p.m. Sullivan was tried to-day for the murder of James Battle, by a Special Jury. His Honor Mr Justice Johnston took his seat on the bench this morning at the usual hour. The Court was densely crowded, as it has been throughout the whole of those trials. On being required to plead, Sullivan asked permission to recall the plea of “ Not Guilty,” which he had formerly put in, and to pat in a plea instead, viz.:—“ That he was guilty of complicity in the murder through being associated with the men who had ted the deed, but that he himself was not guilty of actual murder.” The plea wished co put in, as being in accordance with the statement in connection with the murders, ho previously made.

His Honor received Ms plea as being one of “Not Guilty.” 'the evidence for the Crown went over much the same ground as in previous cases. Battle was traced from the time that he left Wilson’s accommodation house till his arrival in the immediate vicinity uf the place where the murderers lay in wait for their victims. Witnesses were also examined as to the whereabouts of the murderers on the day that the crime was committed. Sliallcrass swore to Sullivan’s written confession. After the case for the CVowu had closed, Sullivan addressed the Court at great length in defence. The jury then retired, and, after an absence of twenty minutes, returned into Court with a verdict of Ucn.tr.

On being asked if ha bad anything to say why sentence of death should not be passed upon him, SulliVan made no reply. His Honor then addressed the prisoner in a most solemn and impressive manner, and. after putting on the blank cap, passed sentence of death in the usual form. The prisoner was deeply affected and wept piteously ac those portions of his Honor’s address which referred to his wife. It is believed in Nelson that Sullivan will not be hanged, as he is wanted to give evidence in connection with the West Coast murders.