The Hawke's Bay Times, THURSDAY, 18th OCTOBER, 1866. THE MAUNGATAPU TRAGEDY. THE FINAL SCENE.

Hawke's Bay Times, Volume 8, Issue 430, 18 October 1866, Page 2

The Hawke's Bay Times,

THURSDAY, 18th OCTOBER, 1866. THE MAUNGATAPU TRAGEDY. THE FINAL SCENE.

PUBLISHED EVERT MONDAY AND THURSDAY. “HOLLIU3 ADDICTUB JURARE IN VERBA MAGISTRI."

At length the awful sentence of the law has been executed upon the three wretched murderers of the Maungatapu, within the precincts of the Nelson gaol. The scene was one of the most sad and painful nature, owing to the delay that was made in carrying out the sentence after the criminals- were brought to the scaffold. A period of forty minutes was suffered to elapse between that time and that at which the drop fell, during which a lengthy paper—not in any way partaking of the nature of a confession, or otherwise important—was read by Kelly, who appeared in a semi-intoxicated state; and much of the same description of conduct was exhibited by him and Burgess as that they manifested before the Judge on the occasion of his passing sentence on them. It appears that the Provincial authorities had arranged for the carrying out of the sentence precisely at eight o’clock, allowing some five or six minutes to each of the prisoners in which to hid farewell, and part in peace and charity with mankind into his Maker’s presence; and had this been adhered to, all the much-to-be-regretted and harrowing scene that followed would have been avoided, hut from a mistaken feeling of kindness on the part of the Sheriff, this was delayed until the men became almost insane. Some twenty persons were admitted into the prison to witness the execution, including the three representatives of the press, the ministers of religion attendant on the prisoners, the officers of the Supreme and Police Courts, and the resident professors of phrenology; and at half-past seven the prisoners were pinioned and informed that their time was at hand. At a quarter to eight the men were brought forward and greeted each other, and the spectators—Burgess again attesting the innocence of the “poor Jew” and Kelly, as in the presence of God ; then assuming the air of a penitent, expressed his readiness for death, “ the moment of which would be that of eternal bliss —he haying sought and found God’s mercy ”; and to the bystanders, “ may you all turn to him also.”

Kelly appeared much excited and spoke in a very incoherent manner. He produced a lengthy paper which he was permitted to read, crying and sobbing the while, denying having ever committed a murder, or had any knowledge whatever of those for which he was condemned, consigning himself to the devil if what he said was untrue; —thus delaying the execution beyond the appointed time, until a sense of duty compelled the Sheriff to put a stop to proceedings so irregular. Burgess then volunteered a statement of the innocence of the man Wilson, of the charge of Mr Dobson’s murder, and declared himself ready. Kelly next simply said, “he was not ready, but must be.” Levy then entered upon his long defence—the purport of which was that, through unfair means he was occupying the place of Sullivan, who had been aided by the Government in procuring his conviction, while he had been denied all means of carrying on his defence. He denied all knowledge of the crimes for which he stood convicted, and said the same was true of Kelly, .protesting, as Kelly had done, in the name of Jehovah. Kelly once more protested his innocence, and was begging for yet more time, but they were conducted to the scaffold, when prayers were read for them by the attendant ministers, amid several interruptions and exclamations on the part of the condemned, which imparted to the proceedings a peculiarly hari rowing character. Up to the last moment

these interruptions continued, Kelly crying, “do let me speak,” and averring his innocence, when the drop fell and the fate of the criminals irrevocably decided. It was reported at first that Burgess had kissed the rope and hailed it as the prelude to heaven, but this has been denied, and it is said that when Kelly appealed to the Almighty in protestation of his innocence, he was reproved by Burgess, who told him not to use God’s name in such a way at such an hour. The death of the executed appears to have been instantaneous, there having been a fall of at least five feet in depth. Kelly only gave any sign of a struggle and this but slight. Casts of their heads and faces were taken by several gentlemen after the bodies were cut down. Kelly’s face was perturbed as he had been in the act of speaking when the drop fell; the other faces wore a calm expression.

An inquest was immediately afterwards held on the bodies, and the verdict usual in such cases returned.

If it be true that Burgess did rebuke Kelly in the way described, it must afford much satisfaction to the Judge and the gentlemen of the Jury who were the instruments of his conviction, but in any case it is a sad reflection that both Kelly and Levy should have made so awful au exit from this life into the presence of Omniscient justice, not merely unconfessed of their guilt, but amidst oaths and blasphemies. Burgess, unless the above-mentioned circumstance may be considered an exception, does not appear to have wavered from the statement made by him before the Judge, as regards the innocence of these two men. He, indeed, reiterated the assertion only a few minutes previous to being led to the scaffold. The Rev. gentleman attendant on him says that he paid the greatest attention to the instruction given him, professed sincere repentance for his crimes, and joined with apparent fervor and devotion in prayerHe does not, however, venture any opinion on the question of his sincerity, which in the face of his impossible statement, remains more than doubtful.

The co-religionists of Levy had endeavored to create a feeling-in his favor for some days previous to tho execution; declaring that they were in possession of information clearly establishing his innocence, alleging at the same time that it was too late to make use of it. Certainly there could be no ground for these assertions, for if any reasonable doubt could have been shown to existfof his guilt, a reprieve would have been granted, during such time as might be necessary to investigate the matter. As they did not try for this, it seems a pity that they should have disturbed the public mind, censured a court of justice, denounced the deliberate verdict of a jury, and unjustly aspersed the community. The Babbi attendant on Levy, to the very last, expressed himself confident of his innocence, and lays much stress upon the fact of the last day of the trial being that called by them ‘Youm-Kippur’: a day of atonement —a day of fasting and special prayer rigidly kept by all the Jews throughout the world. Jews may possibly attach importance to such a coincidence, but we believe that no other thinking men will do so.