The Aelson Evening Mail. THURSDAY, JULY 12, 1866. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume I, Issue 110, 12 July 1866, Page 2

The Aelson Evening Mail. THURSDAY, JULY 12, 1866. RESIDENT MAGISTRATE'S COURT.

. 'X- aP. .P. i This^Day.^ J .-IP 1 "-•" '- - ; [Before J. Poynter, Esq., R.M., his .Honor the Super- . ihtendent, Messrs!. Win tV.Tipl?ins.on,.^V. Adams, - Gouland, RedwooS; Thomas, and : Rough',' J.Ps.] Riehard^Burgess,* Thomas " Kelly, . Jbhii" Joseph" Sullivan, and WiUiata "Levy were brought up again for examination. ;-;.; v . ; _ -; - ; -.'.'".••. *.".': y^i'A'XX Thomas" Galloway said-: lam a draper at Picton. I left Nelson Ori We 12th June,' about 915 inthe morning; "arid" went oveVtlie.Alaimgatapu! "' "I met Messrs. Hart mari'and Leo on Frahklyn '.s Flat: '-1 fedmy h'orse and they went on. 7 This was about one o'clock in the day.- - After leaving 4here I met three diggers. After crossing' the bridge and .about a mile .the other side I met Jan'f'es Battle aboat' 'half-past? "2." He was walking, -carrying a swag" arid ailorig Handled' shovel. I spoke to him. I then. met. four. men., about a mile further on. I recognise : Levy as' one of them. I - ;■ could not.be "certain of the rest, as they turned their heads. I spoke to t'herir, one had a" straw hat ' bn. ' I did not pay- particular attention to them." ' They tf ere -• dressed like diggers.-"' The one ;I spoke .to said they were going as far as they could get that evening. I met no one else that day. ; /The four men had swags, I could not say. what .else,.. except. one had a doublebarrel gun. P fiiet them 'between' three and four. They were going towards' Nelson. - T '-stopped at the Pelorus Bridge that nigbt. " I knew Kempthorneand Mathieu very' ■ we'll', ' and had- seeii Pontius.' ; . That party had breakfiist with mc. at. the Pelorus Bridge on the Wednesday" morning. 'They. left, the same time that I did, about' a. Quarter to nine in the morn-, ing. Tliey went towards Nelson," and I towards Havelock. They had a chesnut packhorse with them. I met. Mr". Birrell and Mr.'Muir shortly after. ■ I was-' on horseback.- I met these last on the Wednesday ■ morning. ... George Jervis: I said; in my former "statement, the prisoners stopped at my place from Saturday night till Tues'day"moi-riing."' I had ~some"conversa- , tion with Sullivan 'about money." He said they had been prospecting on. the Buller for three or four months, and had run rather short; or otherwise I would have, taken a few pounds' froni theni.' -' This was on the afternoon of Monday, the llth. The other, prisoners were not present. I had no further particular conversation at that time. On the Saturday I had some conversation' with" Burgess, but not about- their'-circiimstances. They only spent- about* 13s. or Us. at my place- it would" be under £1. Sullivan and Burgess paid for what they. had — some J mutton and other things. 'Burgess paidfor the mutton, which was wrapped up in a Marlborough newspaper, the Press" I" cannot tell'the date of the paper.. I occasionally ; wrap up things'' in newspapers, not 1 regularly: I had several Marlborough papers in the house, but I don't -remember the dates. The last paper I received was on the Tuesday, as. they came on theSaturchiy nigbt. That paper would be three or fonr days old. O.i' the Sunday I sold Burgess ss. worth of 'flour in a bag. He returned the bag._ I cannot remembe r what else I supplied them with, except some luutton on the Monday night. Mrs. Jane Sharpe : I arn a lodging housekeeper at Nelson. On the 6th June I remember a person coming and asking for accommodation for himself and friends for one -night, as. they were going to Melbourne per Gothenburg, "the following "morning. They said tliey had just arrived by tliis Wallaby and would make any shift if I could accommodate them.'. 1 I agreed to take them and they- eame. There were four of them." I -cannot identify the prison ers -&s any ,of them. -I -was not -in -their- company five minutes altogether. Three left early 'in the m'ornirig and one remained and paid me. , I could not say how ihey were dressed, or whether they had beards or not. Mr. Adams said- this was -all the evidence he had to offer'iri the'ease of the'Deep Creek' p.arty. "He was prepared with evidence in the 1 whalerVcase'. . .Mr. Galloway was recalled. • He . repeated the evidence he gave in the former -case as to the-parties he met on the road and the'times'he met them. •Mr. Adams said this- was all the evidence he was prepared to offer at present, aiid he thought it desirable to remand -the case for another week. - ; , Mr. Pitt said he assumed -that- Mr. Adams had a reasonable ground'for the remand," yet he was sur--.prised that more evidence was not forthcoming, as it was understood that there were more witnesses in •■Nelson. • ...-.'The' Magistrate' said' Mr. Pitt must be aw^re that ...a case like this took a considerable time to get up, in 7: consequence ofthe diffieulty-hrgetling so many witness together from; a distance. ••' ;.* -Mr. Pitt said he did not object to the remand, only he would "suggest .that it bo for .eight days, as these., frequent-remands were not desirable. -. \ The Magistrate said, ' "then "I shall remand the prisoners till- Friday, the 20th iust." The prisoners were then removed.; His Honor the Superintendent of Canterbury took his seat on the bench during the progress of the. examination. * "\f '' .P P X'.". ',". ~, ,', X.A'X, .