The Nelson Evening Mail. TUESDAY, JULY 10, 1866. RESIDENT MAGISTRATE'S COURT, This Day.

Nelson Evening Mail, Volume I, Issue 108, 10 July 1866, Page 2

The Nelson Evening Mail. TUESDAY, JULY 10, 1866. RESIDENT MAGISTRATE'S COURT, This Day.

Soon after 10 o'clock this morning the Provincial Hall was crowded by a multitude anxious to be present at the examination of the prisoners charged with the murder of the Deep Creek party. The galleries were filled with ladies. A dock had been prepared for the prisoners, who were seen to much greater advantage than on former occasions. They were brought down from the gaol in a carriage, and were greeted with a most discordant howl from the bystanders, as they stepped into the buildings of the lock-up. Strong opinions were expressed by the many-headed, and riiany an indignant protest entered against the slow progress of law and justice At 1 1 o'clock the Resident Magistrate took his seat, the Superintendent, Messrs. Edwards and White being on the bench with him, and the prisoners were placed in the dock. Sullivan looked more cheerful than on a former occasion. He was not in irons. Burgess, Kelly, and Levy were brought in, heavily ironed. The groans and hisses followed them to the door, and an attempt to hiss was made in the hall, but it was suppressed, All the prisoners were well dressed and clean. Mr. Adams conducted the prosecution, and Mr. Pitt the defence. The first witness examined was — Daniel Cowper who said : I reside at the Pelorus Bridge, and keep an accommodation house there. I have seen all the prisoners. On Wednesday the Bth of last month, they camped there. They went towards Canvastown. They left on Saturday. I saw them the Tuesday following, Sullivan was considerably a-head, the other three I met just opposite Moor's house, half a mile from the bridge, this side. They were coming towards Nelson, in the direction of the Maungatapu. I merely said good morning as they passed on. I noticed that three diggers passed that morning, Harvey was the name of two of them. They stopped at my house the. Monday night previous. They left rather earlier than 8 o'clock. The next were two horsemen named Leo and Hartman going towards Nelson, as the others were. I saw the prisoners next. After I passed them half a mile further on I met a man known as old Jamie. He was the last who passed towards Nelson, I believe. John Bown : I live in the Pelorus Valley, and am a farmer. I left Nelson for the Pelorus oh Wednesday, the 13th June, at half-past 10 in the morning. I went over the Maungatapu, where I met a man on horseback, about a mile from the top. He was riding a grey horse. I met Mr. Miller, a storekeeper of Deep Creek, and spoke to him. I met him about half a mile on this side Franklin's Flat. I was off j my horse under a tree hanging across the road. Af- I forwards I passed a man and woman. I met two ; diggers a quarter of a mile further on, about half-way between the Tinline and Heringa. I knew one was from the Wakamarina. They were coming towards Nelson. I went home that night. I did not see the prisoners that day. Joseph Levestan : I am a laborer, residing in Nelson. I went over the Maungatapu on Wednesday, the 13th June. A woman named Anne Fulton was with me. We started from Smith,s in the Maitai Valley that morning, between 8 and 9 o'clock. We met Mr. Birrell on the other side of the Maungatapu, on the other side from Nelson. I then met four men and a packhorse, Avithin 9 or 10 yards of a little creek that runs down by Franklyn's store. They were going towards Nelson. I was a little acquainted with Mr. Dudley on the Deep Creek, about IS months before. I did not know the others. I spoke to Mr. Dudley in passing. 1 did not stop. We met Mr. Millar about a mile and a half behind these four men. He was walking fast. I spoke to him. We next met two diggers three or four miles further ahead, on the other side of the Heringa. I think, about three or four miles from Franklyn's store, as near as I can guess. I met no one else but a man who passed us with a basket, just as we were going to camp. He was going to Canvastown. Ann Fulton : I live in Nelson. I accompanied the last witness over the Maungatapu on Wednesday, the 13th June. We first met Mr. Birrell on horseback, on the other side of the mountain. We next met the pack horse and four men. I don't know their names. We met them about ten minutes after Mr. Birrell, and about 9 yards from a creek close to Franklyn's store. They were going towards Nelson. We met Mr. Miller a mile and a half further on. He was walking. We next met two diggers coming to Nelson. We met some man about six miles from the Pelorus bridge. He asked us the time. Mr. Adams said this was all the evidence he had at present. There was another witness on board the Phoebe, which was telegraphed. He was prepared to go on this afternoon, or to postpone the case. The Magistrate said he would postpone the examination till Thursday next. Mr. Adams said he was prepared with evidence in the case of Battle. The prisoners were then charged with the wilful murder of James Battle, on the 12th instant. Mr. Jarvis : lama storekeeper residing at the Wakamarina. I knew Jemmy Battle. I saw him pass my house on Tuesday the 12th, about 8 o'clockA short time before that the prisoners crossed on the road to Nelson. I knew them from permitting them to occupy an empty house from Saturday niglit till Tuesday morning. I saw Battle's body in a dray, but I did not see him alive after. Tuesday. I identified the body in the engine house. On the following Sunday I enquired at the Pelorus, Dwyer's, Smith's, and Nelson, and finding no trace of him I gave information.

John Wilson : I keep an accommodation house. at the Pelorus; I knew James Battle, who worked for me for, about 7 months. He left my service on Tuesday morning, the 12th June I paid him what was due to him the day before, £3 some odd shillings, in three £l notes and some silver. He left my place on Tuesday and went towards Nelson. I have -not seen him since. He said he was going to Van Dieman's Land, and intended, if he found- a vessel, to work his passage back. Daniel Cowper: I reside at the Pelorus Bridge. On Tuesday, the, 12th of June, I met the four,prisoners about half a mile from the bridge. Sullivan was in advance of the rest. They were going towards Nelson. I saw Battle going in. the same direction about half a inile further on. He asked me the distance to the bridge. I have not seen-him since. He had a swag and a long handled shovel. This was between 10 and 11 o'clock in the morning. No one else passed that afternoon, but a horseman Mr. Galloway, who came between 4 and 5 o'clock, and stopped all night. George James Baker: I am a tailor, and reside in Nelson. I was one of the Search Party. I found the body of James Battle about a mile the other side of Franklyn's Flat, about a hundred yards from the road, on the left hand from here. It was buried about half an inch deep in soil. There was more soil on the feet than the head. The body was covered over with fern roots. Leaves were over the soiL The body was lying on its face. On turning it over I observed marks on the neck, as if he had died of strangulation. Constable Martens came before I took out the body. He took charge of it, and I assisted him. It was last Tuesday. I found the body about half-past 9 in the morning. I can swear it was the same body that was put in the engine house. It was never out of my sight. I saw the medical men, Messrs. Cusack and Cotterell, inspect the same body. I can't say if the body was identified as that of Battle. I saw a man who assisted to wash the body, identify it. Mr. C. E. Cotterell, surgeon, of Nelson, said: I made a post-mortem examination of the body of a man named Battle. Mr. Barton identified the body after it was washed. Dr. Cusack was with me. The man's clothes were on, and torn. We had them taken off. The face was covered with mud and dirt, and the outside skin was rubbed off. The soil was black. We had the body washed. We found no external marks of violence, We opened the skull, and found the brain considerably congested. On raising the skin from the neck I saw, on each side of the windpipe, the part called Adam's apple, a contusion. On opening the chest the right lung was rather congested. There was nothing further of any consequence, nothing abnormal. The body was in a healthy state. The liver was slightly enlarged, and there was a bruise on the abdomen. I would not swear as to the cause of death; the man might have been strangled. After the body had been buried some time external marks would be altered if they were slight. If the vessels of the skin were ruptured very much they would remain. Pressure on the throat would cause congestion, and consequently death. The grasp of a hand on the windpipe would cause compression and constriction. I could not swear as to any cause of death, but it is very probable the man was strangled. To the Bench : The appearances were such as would have been caused by strangulation. The appearances would be the same if a man had been smothered. Mr. Adams said these were all the witnesses he had to-day. The Resident Magistrate said he should remand the prisoners till Thursday next.

Writing from the Kanieri, on the 16th uit., Mr. Warden Schaw reports : — I again visited the Hau Hau on Saturday, and found the greatest activity along the lead; the stores at the Small Paddock have most of them been removed to the line of gold which can now be traced for seven or eight miles in a north-easterly direction. The siuking is very deep, and entails a large expense on those unfortunate miners who do not strike the lead. I saw several parties who had bottomed two or three sbafts, all duffers ; they arc now sinking within a quarter of a mile of Tucker Flat. The Kanieri Steam Drainage Company have bottomed their paddock this week ; prospect, one pennyweight to the tin dish of w&shdirt. There has been a small rush to the land of Commissioners' Flat during the week, and I feel confident that the gold will be traced into the large flat near the Kanieri River. I have offered three acres to any party who will place an engine on the ground to prospect it. If gold were found there 1,000 miners would find employment. The district is quiet and orderly ; the miners appear satisfied and contented. The intelligence from the Totara district is on the whole satisfactory, although, in consequence ofthe late heavy rains which flooded the country, no communication save by stray travellers was held -withTßosstown for some days. This resulted in a scarcity of provisions, and had . the bad weather continued, absolute distress might have been experienced. The road from Rosstown to Donoghue's Creek was entirely destroyed, and Jones'

Creek now runs along its entire length. The tramway in the course of construction between Donoghue's and the sea beach is completed for about a quarter pf a mile, but beyond that the line of track is impassable, as in many places there are six feet of water and mud. The miners generally are doing pretty well, as there is now an abundance of water for washing purposes. A very large amount of stacked dirt has been sluiced, and the consequence is that for the t?me being ready money is plentiful, and business brisk. The hotels especially have been driving a thriving trade. A meeting of the Scandinavian Company was held on Monday evening, when a very satisfactory statement was made by the secretary. The calls already paid up amounted to over £300, which had been lodged to the credit of the company. A rush, which promises to be a very good one has broken out at the head of Jones' Creek. Several payable prospects were obtained, aud many miners had assembled at the scene of operations. The Southern Cross says : — Miss May Calvert, daughter of the late Capt. Calvert and Mrs. Calvert, of Fernhill, Papakura, was received into holy religion on last Sunday, in St. Patrick's Cathedral. The Right Rev. Dr. Pompalier, the venerated Bishop of Auckland, assisted by the very Rev. Walter McDouald, Private Secretary, as Deacon, and the Rev. Father O'Hara, as Sub-deacon, performed the ceremony. The Rev. H. J. Fynes, rector of the stations of Howick and Panmure, delivered an eloquent and learned sermon. Miss Calvert took in religion the name of Sister Mary Genevieve. All the Sisters of Mercy were present, and a choir composed of them executed some beautiful pieces of music appropriate to the occasion. There were in the sanctuary — Rev. Patrick O'Reilly, CC. ; Rev. James McEntegart, Rector of Tuimata ; James A. Norris ; and L'Abbe Chastagnon. We understand that the establishment of a daily mail between, the Greymouth and Hokitika has been postponed sine die, owing to the high rate of the tenders for the conveyance of the mails. The quantity of gold that continues to be taken from the claims on the North Beach is astonishing. One party, on the Darkies terrace, has divided for ten days work 148 ozs. among six men, and all the claims on the terrace are giving large returns. The working of the tailings from some of these rich claims is attracting considerable attention, and we are informed that one party that recently purchased some tailings for the purpose of re-working them have made, and are now making, as much as £15 per week per man. The G. R. Argus says : — The shipping of coal continues as rapidly as it can be supplied by the Coal Company. The s.s. Wallaby took away 30 tons for Nelson, the Falcon is loaded for Dunedin, and the Wild Wave for Cbristchurch, while the Emma Eliza will load up as soon as possible for Hokitika. The latest mining news from Okarita is not very exciting, bufc the miners appear to be making average wages. The claimholders on the beaches continue at work, except when interrupted by the tide and surf. About 100 persons are working on the beach 15 miles north of Okarita, and making average wages from £4 to £7 per week. The local journal complains that nothing more unsatisfactory ean be imagined than the present postal arrangements between Greymouth and Hokitika. The interruption resulting from natural canses are bad enough, but it is altogether disgusting that mails for Greymouth should lie for days together at Hokitika, just because the coach only contracts to bring the mails up on certain specified days. We learn from the Hokitika Chronicle that the inhabitants of Hokitika will soon be in possession of a fire-engine and appliances. Three tenders have been received from Melbourne at the various amounts of _5270, £165, and £1 00, and it was decided to request Messrs. Spence Brothers, of Melbourne, to inspect the engines,, and report as to which was most suitable. The Grey River Argus has been informed that only one woman has as yet crossed the

saddle up the Littie Grey. This; fact was accomplished by Mrs. Williams, the wife of a publican at the township of Kynnersley, who crossed, the saddle on horseback with a baby in her arms, and two children in gin cases. She is now the! only woman in the township of Kynnersley. We learn from the Okarita Times that the police authorities have issued a notification calling for candidates able and willing to join the force, preference being given to men of some experience in police duties. We hear that both in town and on the gold-fields the force is to be strengthened, and the public will, doubtless, consider that the step is quite necessary. Mr. Warden Aylmer, in his official report upon the Totara district, states that "the late rains have been of great service to the majority ofthe miners at Totara, who have been for a long time unable to wash up, owing to the great scarcity of water. Netherwood and party, and James and party, are driving two large tunnels under the township of Ross, to act as tail-races, and also as a means of working the extended claims. The Totara Pioneer Company's race will be finished in a fortnight. It has been a long and expensive undertaking, but one, I'm sure that will* pay handsomely, as the supply of water for washing purposes, on Jones's Creek, is very small and uncertain, and many are anxiously looking forward towards its completion. A great number of extended claims have been applied for and granted, and I trust to be able by this means to settle the majority ofthe population in the district for some years." Estimated population, 3,000 ; of which 500 follow occupations other than that of mining. A rush has recently taken place at Commissioners Flat, Kanieri, of which the Hokitika Chronicle speaks favorably. Several shafts have been bottomed on the sideling, on a sandstone bottom, yielding a small quantity of gold ; and another shaft on the flat was sunk through three feet of washdirt and not-bottomed, which yielded 15 dwts. of gold. The severe storm which visited Grey river a few days ago has resulted in the loss of two lives, the victims being Patrick Lawlor and Patrick Hanrahan, two miners working in Maori Gully. It appears that their tent was pitched close to a large tree, the roots of which had been cut away on one side as it overhung a facing where the deceased men had been working. They had just turned into their tent for the night, when the tree fell across the tent on the two men. They both lived for some time after they were taken out, but Lawlor never spoke again, as his chest was crushed in. The Hobart Town Mercury says: — We learn from a private letter, that Capt. $Jochford McGuire, commander of H.M.S.S. Challenger, has been appointed Commodore for the Australian station, vice Commodore Sir W T m. S. Wiseman, Bart., C.B. The Challenger is a fine ship of 400-horse power, and carries much heavier metal than the Curacoa. The Hobart Town Mercury complains of the poverty of the customs. For the first four months of the present year, the revenue from Hobart Town and Launceston combined, only amounted to £42,400. Tasmania evidently expects to be saved politically, financially, and socially — by salmon. The successful introduction of the salmon ova is a theme of perpetual jubilation in the papers, which vie with each other in the piscatory prospects before them, and ask "who would not wish to be sharers" in their joys? Notwithstanding the rapid progress of Queensland there is a great deal of distress there, especially in the towns. At Brisbane a Committee of Relief has been appointed to collect funds and administer charity to the numerous destitute families. A recent Adelaide paper says that a legal firm there have issued writs against the Chief Secretary (A. Blyth) and the Commissioner of Crown Lands (W. Milue), for payment of £500 each, penalties incurred by them under the Constitution Act, for sitting and voting in Parliament, they being at the time Judges of the Court of Appeal, The penalty, by the Act, goes to the informer.

The G. R. Argus mentions as affording another/example of the general diffusion, of gold in this district, that the other. day,, whilst--some persons were examining, the.out-crop. of the coal seams on the Canterbury side of the river, a number of specks of gold were easily detected amongst the soil lying on the coal. Six or seven of these specks were found in a single shovelful of earth. A correspondent. is involved in domestic perplexities. He writes: — "I got acquainted with a.youhg widow, who lived with her stepdaughter in the same house. I married, My father fell, shortly after it, in love with the step-daughter of my wife, and married her. My wife became the mother-in-law and also the daughter-in-law of my own father ; any wife's step-daughter is my step-mother, and I am the step-father of my mother-in-law. My step-mother, who is the step-daughter of my wife, has a boy, he is naturally my stepbrother because he is son of my father and of my step-mother ; but because he is son of my wife's step-daughter, so is my wife the grandmother of the little boy, and I am the grandfather of my step-brother. My wife has also a boy ;my step-mother is consequently the step-sister of my boy, and is also his grandmother, because he is the child of her stepson ; and my father is the brother-in-law of my son, because he has got his step-sister for a wife. lam the brother of my own son, who is the son of my step-mother. lam the brother-in-law of my mother, my wife is the aunt of her own son, my son is the grandson of my father,'and I am my own grandfather." — Harper's Magazine.