The Nelson Evening Mail. MONDAY, SEPTEMBER 17, 1866. SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 167, 17 September 1866, Page 2

The Nelson Evening Mail. MONDAY, SEPTEMBER 17, 1866. SUPREME COURT.

CRIMINAL SESSlONS.— September 15m [Before his Honor Mr. Justice Johnstone. |

Tl. Burgess, T. Kelly, and W. Levy were charged with the wilful murder of Felix Mathieu on the 13th June last.

Continuation of Evidence.

Mr. Shallcrass continued: I received no information to get letters belonging to Sullivan from the post office, Hokitika. I have no letters belonging to iSullivan. After he made his statement I gave him a. pipe, jacket, and pocket handkerchief. I have no recollection of giving him his comforter. If he got it he got it from me, through the gaoler, as you did vour spectacles. I never gave him tobacco or matches. I found the bodies not so near as where ■Sullivan pointed out, it was much higher up the lull, and not so near as I expected, s?iilliv.in gave me a note, which I have never unrolled yet, he told me it was £20. I now open it, it is £•20. It was damp when he gave it He said it was part of the money he got from the gold of the murdered men. He never gave me two £•20 notes and one £10 note, to send to his wife, nor any money. When he was locked up he wrote his note in pencil, which was furnished to him. as ii was to you and Burgess. I received some receipts of gold sold by you in Ilokitika, in April and May. Nothing was taken from you but whnt has been produced to-day. It is not our custom to enter such things in a report-book. They are taken ami tied np. 1 gave Sullivan nothing t:> driul: whtn I took him out to look for the things he could not find, and no one else did.

To Mr. Pitt : Sullivan told me where the shirt could be found before he made his siatement, but ir had been found. The shirt was sent to Dr Gusa'ck on the 2othJn.lv. It had not been produced or examined before. I know not if it was microscopically examined, o'.her things were belonging to Burgess and Levy A sash belonging to Sullivan was examined. It was produced yesterday. I received nothing back from Dr. Cnsack. A new strap or two was found in Sullivan's swag at Mr. Owens'. • Mr. Joseph Harley accompli. k".i me to the chimney. He found the things. Sull'.'.an has not given information where to find mest of the: things. They were found before he made a confession, such as the swags, shovels, gun, shirt, parcel, powder, pepper. Jletoldwheve the pistol, strychnine, bodies, and purses, were to lie found. I know not what letters Sullivan has received.

Kelly here said he would like the Government to be made acquainted with the letters Sullivan had sent to Picton.

His Honor said, they have not been intercepted, and Governments are not omnipotent bodies to do all that people require of tlicm. To Mr. Pitt; The day before Sullivan confessed I did not send a Jewish -Rabbi to the gaol to induce Levy to confess. I gave him a placard to take, but lam not certain what day it was. I think Lovy is a Jew, and that a Kabbi has been to the gaol to see him. The placard he took is not tho one now produced.

Luke Nattrass, librarian at the Nelson Institute: I receive the Marl borough Press regularly by post. I received one dated 30th May last. I gave it to Mr. Adams. Till then it did not go out of my possession.

Mr. 11. Adams: I am counsel for the Crown in the case. The paper, which I received from the last witness, of the 30th May last, I gave to Mr. Sharp a few minutes after.

Mr. Sharp: lam registrar of the Court and clerk to the Resident Magistrate. I received a Marlborough Press from you of the '3oth May, and now produce it. I saw a charge drawn from a gun, in the office of Mr. tShallcrass. I opened the piece of paper produced by him. I have compared them and the piece containing tlte pepper. " They each correspond on both sides with the Marlborough paper of the 30th. I have examined, other Marlborough papers and the Press of other dates.

His Honorsaid.it might be a tittle of evidence, and he would take it'for what it was worth.

Witness : I. examined the other gun and the revolver.' I saw the.name of Thomas Noon, on the silvermounted part of ihe'gun. • '■ His Honor .examined the gun. and said he saw the name. .. .

Witness :. l l gather, from the term and style of Kelly's handwriting, that the former ...belonged to him. I can produce his handwriting from other

sources,

Mr. Pitt suggested that engraving was not handwriting. His Honor said, -writing by a stylus on a wax

tablet, or writing by a lead pencil was to all intents and purposes handwriting in the estimation of the law. He held this to be writing.

Witness: I produce some of Kelly's handwriting, forwarded to me from the gaol.

His Honor: That is not enough, you may examine Mr. Sharp as an expert if you like.

Witness: I examined a revolver two of the chambers of which had not been discharged. The other four showed traces of recent discharge. I saw them on the 9th August. From the two not discharged I took powder with my penknife and burnt it.

Theopiius Mabille: I am a C. E., in Nelson. I was one of the first search party on the 18th June. I was in company with Bradcock, Flett, and Martens. We went up the Maungatapu, and stopped at Dwyer's Accommodation Uouse, and there at an old chimney I observed a fire had been lighted lately, from the state of the burnt logs. I noticed paper rolled up about three feet on the south side of the chimney. I unrolled it. It was a piece of newspaper containing a black sub.-ta ice, in a solid state. I called the at tention of the party to it, and gave it to Bradcock. The paper produced containing powder is the paper I found. Continuing the search, a man named Hope found another piece of paper in my presence, containing pepper. That produced is the paper. I compared it the same night at Franklyn's Flat, and found the pieces of paper would fit and form one piece. Next ; clay, near the well, I found another piece of paper, part of an English grammar now produced, which 1 left on the ground. It was taken by some one else. J found the mark of a bullet on a tree, near the road, and some black thread by the side of the road

VV. W. M'Cabe : I am a gentleman, residing in Nelson. I was one of the search party. I found a piece of papar three days before the bodies were found, a piece of an English grammar, between the horse's loly and the well. The paper produced is that I ibund. It had been there some time. I produced the paper in Court.

John Letibidge D'Albedyhill: I am an accountant at tbe B;ink of New South* vVales, Nelson. On the 14th June last I bought some gold for the bank about 11 o'clock in the forenoon. I can't say who sold it ; it might have been a digger. The quantity 1 gather from the vouchers in my handwriting, and which I produced before the Resident Magistrate. Two lots were bought on that day ; one of 20 ozs. 10 dwts. 14 grs., at i"3 13s. — £76 7s. Another lot was 7 dwts. sold for £1 ss. 6d. It avus Wakamarina gold and bought at a lower price than other gold, because it is inferior.

To Burgess: 1 don't remember who sold the larger quantity of gold. The counter was a narrow one. The seller is asked to come to the opposite side of the ;oom. You might have spoken of Wakamarina to li'c. Thy money is paid at the counter the person, first comes to. We did not then ask the name or gu e h receipt. ( iur cheque hook is the ordinary size. We do n. t always give a voucher. In this case the seller of iho gold got his money from the till. When asked for a voucher we tear it from a book, leaving the butt. I don't remember you exchanging 40 sovereign 1 ? for two £20 notes later in the day.

Oliver Wakcfield: I am a clerk in the Bank of New Zealand, i remember serving Sullivan on the 11th June last. He was selling gold. I don't know what quantity. It was half-past 12 in the day. He was in the Bank 20 minutes or half an hour. It was several ounces of gold he sold. It was nuggety gold It was sold for £3 13s. 3d. the Wakamarina rate. Mr. Lyell purchased it.

To Burgess: lam not the assayer. The person selling it sold it for West Coast gold.

W in. Ijuucan: lam clerk in the Union Bank. I bought gold on the 14th June last, 2Sozs. ldwt. 18grs. at £:-i 15s. 9d. per oz. £106 7s. 6d. The name of Everett was given. I don't know the num. I did not pay the money. It was the price of Grey gold. I know not it' it was. I can't say if a voucher was given. J gave the teller a cheque to pay the money. John Lydl : I am clerk in the Bank of New Zealand. On the 14th June, I purchased gold in several quantities. I believe I bought one lot <roin Sullivan. I think he was detained some time. He sold Wakamarina gold, it was small and nuggety. He received £*5 3s. 4d. It was mixed with other gold. I gave some gold to Mr. Shallcrass. I kuow not if the gold I purchased was put in the bag from which this was taken. There were four bags of gold, which was more or less mixed. The gold I gave to Mr. Shallcrass was selected from one or more of the bags. Another lot of gold was sold that day. llozs. odd. at £3 13s. 3d. per oz,, £42 55., which I purchased us Wakamarina gold. To Mr. Pitt : Before giving evidence in the case I have been told it was Sullivan who sold the gold. I identify him by his general appearance and fea ■ tures. I have been told in casual conversation, I think not by the police, I speak to Sullivan for having seen him that day, and not from what I have been told to refresh my memory. H. Goulston: lam acting manager of the Bank of New South Wales. On 14th June I may have been present when gold was sold, but I can't remember. To Burgess: I don't remember your exchanging gold for notes. C. Morgan: lam a miner at Deep Creek. I remember having a piece of gold four months ago, resembling a cockatoo, which I should know again. .1 recognise the piece produced. I gave it to my wifr, who put it in a small box, where it lay for three months.

Maria Morgan: lam wife of the last witness. I remember .myjiusband giving me a particular nugget some months before I sold it to Felix Mathieu, with some other goods. I sold it him in June with 6 ounces more: He-was buying goods. I identify the nugget now produced. It was at Deep Creek on Sunday, the 10th June last. - I saw Levy in Mathieu 's place. I knew him on the Dunstan, Otago. I wa« talking to him for a quarter of an hour. I told him 'die party

were going to the Grey on Monday or Tuesday. I said the Commissioner had written to Mathieu and Pontius to come over. I told him Mathieu was going to put up a public-honse. Levy said he could put up no sort of a house under £100. Levy stopped at Mathieu's that night. I saw him next morning at breakfast.

To Mr. Pitt : He was dressed with no coat and a large muffler round his neck, like the shawl pattern produced. He said he came because he heard there was a rush. No prospecting claim had been granted to anyone there. I noticed nothing of the kind in the Marlborough Pres3. .

W. Flail: I am a digger near Deep Creek. On the 10th June, I sold some gold to Felix Mathieu,, a long narrow piece and another long at one end and' round at the other. I select the pieces from the parcel shown me. Joseph Turner: I am a miner at Deep Creek. The lust witness was a mate of mine. I would know my mate's gold. The two pieces produced belonged to my mute. v They were in my possession first. p . .• Mr. Hart said he was not prepared to finish liis case to-night. On which his Honor said, that he should adjourn the Court till Monday, at 9 a.m. This Day. His Honor took his seat at 9 o'clock. Mr. Hart wished to know of the witness Shallcrasa whether Sullivan had given him any information of the amount of goki sold to the respective banks, before such information was given by the clerks of the banks or they had given evidence of the same. Mr. Shallcrass: Sullivan had given me information of the exact amount of gold sold at the Union Bank, before his evidence was taken, or evidence was given, by the bank clerks. He told rae first on the 2Stu June. His Honor said he could not allow the case to go further. It was an attempt to corroborate Sullivan 1 * evidence by a statement he made when not on hi* trial. Witness: I requested information from the banks on this subject. lam not positive it was before the time specified when Sullivan gave an account of hi* own proceeds. To Burgess: Burgess having shown me how, 1 can now get my head through the aperture of the cell door (laughter,) which I could not do before. Henry Dwyer: I keep an accommodation house, seven miles up the Maitai. I have examined the upper side of the road between the house and the river His Honor said this was calling evidence to rebut nothing. And the witness was ordered to stand down. His Honor now referred to the terms of the Common Law Procedure Act. which was a complicated one. The case was also a difficult one, some of the prisoners being defended and the others not. He would indicate the course which he thought it right to pursue.

Burgess. Kelly, and Mr. Pitt having said they proposed to call witnesses, his Honor read the Act, and pointed out the course the undefended prisoner and the counsel on both sides had to follow.

Burgess then addressed the jury, saying, Sullivan was actuated by no motive but that of wishing to brintr him to justice. He should cull a few witnesses; and then describe the whole scenes of the fearful tragedj

His Honor said he must confine himself to the facts given in evidence, and not go out of the range of them for the purpose of vainglory or revenge. He must stiitc that only which he was capable of establishing by evidence Burgess: He merely wanted to show from Sullivan's conduct in Kelson, that his object was to escape, and not to promote, the ends of justice, as he professed to be anxious to do. He would call a fewwitnesses.

Kelly. He proposed to call witnesses to prove that what had been stated against him was false. He was an innocent man; did not kill anybody, nor was with, them who did.

Mr. Pitt said he intended to rest the defence of Levy on tho deficiency ot the case for the prosecution", and would prove at another time that the evidence was not conclusive of the guilt of his client. He should not attempt to prove an alibi, but would combat the medical evidence, and contradict the testimony of the prisoner Sullivan, to do which he would call the woman who washed the blood stains from his clothes. He would subsequently comment on thi3 evidence, as well as the absence of evidence on the part of the crown. His Honor said it was not absolutely necessary .to prove any specific cause ot death, nor did the indictment require it. Mr. Pitt : I shall substantiate my statements by medical evidence, which will show that the evidence given for the Crown is not conclusive. I don't intend to set up a substantial defence now, but rest my case on the shortcomings of the case for the prosecution. Many witnesses are summoned, but I fear they will not be in attendance. Constable Bartholomew Murphy examined by Burgess: On the evening of Friday, the 19 th June, I was on duty in Bridge-street, to arrest you. I saw you about 8 o'clock. I was in plain clothes, and though you suspected me to be a constable, I followed you to Edward's store, crossed the road and spoke to Sullivan. I asked him to deliver a message, to call at the oyster saloon and tell Porcelli to come to me. I wanted to see a man I was looking after. He did not go. I watched him down the street, He passed on the opposite side of the street. I saw him after you were arrested. I arrested him, and charged him on suspicion of murder, and told him he did not deliver the message I bade him. I don't remember what he said in reply. Thomas Newton examined by Burgess: I am a livery stable keeper in Nelson. On Tuesday the 19th June, I lent a horse to a stranger at mid-day. I was

home when the horse was returned by you. I said you had not hired it. You said you would require two fresh horses in the morning, and I promised to supply them. Stephen Hopgood was called but did not answer. His wife had been served with a subpoena and was present. He had not. Mr. Shallcrass said he lived a distance from the town and was a cripple.

His Honor ordered a subpoena to be issued for him and a carriage to be sent to fetch him, that it should uot be said a prisoner had not received justice at the hands of the court.

Mrs. Jane Hopgood: I reside at the Waimea-road toll-bar. 1 reme mber two horses passing, about the 1 9th June. I can't identify the prisoners. I remember asking about the missing men, and one of the men answered, it might pass off as a bottle of smoke, or they might have gone oft" another way. After the men passed, the police came along the road and inquired for two horsemen. I can't recollect calling to one of them as they returned.

Mrs. Margaret Cundy, examined by Burgess: I keep the Turf- Hotel,, Waimea-road. I don't remember the 19th June, but I heard of four men being missed. I don't remember talking to anyone about them. I never saw you before. I remember Dislier's sale on u Tuesday, but not Mr. Potter calling in the evening. I don't recognise Sullivan.

Mrs. Ann Kyan, examined by Burgess: I keep the Plough Inn, at Richmond. On the 19th June two horsemen came. You are one. I can't identify Sullivan. You came first, the other shortly after, within the hour. They both left together. 1 can't say in what direction.

Mr. H. Adams, examined by Burgess: lam solicitor for the prosecution. I received two letters from you. [They were produced and read. The one dated 27th Aiigust requested a copy of Sullivan's evidence, the name of the person he accused of robbing him, and requested subpoenas to be served on several persons. The other dated September Ist, requested Mr. Adams to telegraph to the proprietor of the shooting galleiT at the Grey, in reference to the balls Sullivan referred to in his confession.] Mr. Adams said he communicated with Mr. Sharp, and told the prisoner his request would be attended to.

His Honor said the subpoenas should have been applied for through the gaoler. It was no part ot Mr. Adam's duty to assist the prisoner, although it appeared he had kindly done so.

Mr. Sharp : At Mr. Adams' request I telegraphed to Hokitika, got a reply, and a copy of the evidence given by Sullivan.

The letters were handed to Burgess, his Honor telling him they could not be evidence in his favor.

Mrs. Mary Carter, examined by Kelly: My husband keeps the Lord Nelson Hotel. I remember your stopping there, and Sullivan coming there also. I can't remember how soon ai'cer you came. You were repeatedly by yourself. I never saw Sullivan put some bank-notes on the table. I hav« not read the evidence my husband gave on cross-examination at this trial. You went by the name of Kelly and Tommy, I believe. I know not who told me your name was Kelly. I did not see you tear a leaf out of 3'our poeketbook and give it to Sullivan.

Maria M'lCachen, examined by Kelly: I .saw Sullivan the Tuesday evening before his arrest, lie did not return after with a constable, lie brought you to our house on a Friday evening before the arrest. He said you were his schoolfellow.

Susan Dickens examined by Mr. Pitt : I am a laundress in Nelson. ' I know Sullivan and see him in Court now. I washed some of his things for him, on Thursday before the arrest. They wore a pair of trowsers, white handkerchief, black silk handkerchief, and two collars. They were dirty. The trowsers were stained. I could not say what. It seemed to be an old stain of port wine that could not be removed. I had them in soak for 24 hours It was on one of the legs, i gave the things to him at llr. Owens'. He paid me;. I did not mention the !*tains. I told the police when they came.

Dr. S. A. Cusack examined by Mr. Pitt: The witness was asked whether it was possible to ascertain whether a wound was inflicted during life or after death.

His Honor questioned the admissibility of the evidence.

Witness : A great deal would depend in reference to the hemorrhage from a bullet wound, whether the blood was eoajulated or not.

His Honor : It has been distinctly sworn to, that internal hemorrhage "was the cause of death.

Witness : There will be a difference in the quantity and condition of blood found effused. It the wound was inflicted during life I should expect to tind a large quantity of coagulated blood ; if after death, there might not be much blood, and unless inflicted immediately after death, it would not be coagulated. I have made a scientific examination of articles said to belong to Sullivan, a shirt and piece of flannel. The shirt produced was given me by the police, as well as the piece cut from the sacking, both were given me by Mr. Shallcrass, I cut the piece I now produce. I examined the sacking in the proper way, and under a microscope of high power. I found blood stains dried. I can't say tiie date. I moistened them in a solution of glycerine. I have no doubt it was the blood of a mammalian animal. I can't say it was human. I can't say whether the blood was there a year or a week. I could not form an approximate opinion. I submitted a piece or threads from the shoulder of the shirt to the same microscopic process, and found some blood as if rubbedoffan object, not sprinkled on it. It was a thick film, as if dropped on it. I sent notes to -Mr. Sharp or Mr. Adams of the result of the examination.

Mr. Shallcrass: I got tbe threads from Sullivan's sack.

Dr. Cusack: I did not see the body myself. His Honor read the evidence of Drs. Vickerman

and Cotterell, and asked the witness if he saw the knife, who said yes. The bullet was handed to him, and he was asked by the Court whether he agreed with those gentlemen as to the cause of death. He said said such a wound was likely to cause death, but perhaps not immediate death. He could not say from ,the circumstances stated, whether the body was dive or dead when the wound was inflicted, that would depend upon the other organs.

His Honor: There was no examination about the blood at all.

Mr. Pitt: I seek to establish that the medical evidence is insufficient to prove the cause of death.

Henry Clouston examined by Mr. Pitt: I am acting gaoler at Nelson. Levy was brought on the 26th June to the gaol. Mr. Isaacs visited him on the 27 th. He is a rabbi. I did not see a placard in his hand. He had a conversation with Levy in Mr. Saunders' presence, not in mine.

Stephen Lambert examined by Mr. Pitt: I was in kelson, 14th June, with Mr. Akcrsten. I know the wharf where the Wallaby stops. Three hundred or four hundred yards nearer the town than Akersten's. I recollect two cuttings are abreast of Akersten's wharf and one beyond it. The barque Chance was lying there that day.

R. G. Gibbins examined by Mr. Pitt: lam Government wharfinger. The Government Wharf- is 2.50 feet from the Albion, lower down the port. Akersten's is beyond. On the 14th June the Konigen Augusta, Mary Ann, and the Aborigine were lying at the Government Wharf. Jonathan Leviek examined by Mr. Pitt: I keep the Albion Wharf. On the 14th June, the Kennedy was lying at the wharf. I know not what other vessels. Stephen Hopgood having arrived was examined by Burgess: I Jon't remember the 19th June. I remember the arrest of a man on the Monday night suspected of murder, the sale of Disher's, and Mr. Potter passing. On that day two men engaged in conversation with me. I know Potter's cream colored gelding which passed through that da)', but I did not notice it particularly. One of the two men who spoke to me r,ode that pony, I think. I could not have identified you if you had not become remarkable in the colony. I know Sullivan well. My mother having alluded to the murder, Sullivan snid it was a dreadful business, but it might all end in a bottle of smoke, and the men might have passed some other way. You did not speak, but looked as if you were looking at the gatepost. The police passed shortly after, making inquiries for a man on horseback. I did not see cither of you return to Nelson. Mr. Isaacs was called but did not answer to his name. Mr. Pitt read the following list of persons who he said had been subpoenaed in Levy's case, but who did not appear : — John Banon, M ; Beth, Dodeward, John Levy, S. Jacobs. Antonio Porcelli examined by Burgess : lie said I lire with my brother at the oyster saloon. 1 remember you and Levy coming and breakfasting together. I went to the port about 9 o'clock in the morning. I did not walk with you that morning, or at any other time. I was going to wash, the oysters in the bay that morning. I had nothing in my hand' called a rowlock. Burgess having been told he might address the jury, was reminded by his Honor, that he must conline himself to fair comments on the evidence, and not travel out of the case for any purpose but that of his own defence. He said he had already acknowledged his guilt. His Honor : Then if you plead guilty I am not sure I am justified in letting you address the jury, though lam anxious to let you do so. The jury ma}' be asked to convict you on your own trial. It may be only for the purpose of vain glory and false form. Burgess: I acknowledge I am the actual murderer, but I am anxious to save the lives of innocent men. I wish to expose the guilt of the prisoner Sullivan before I leave this world. I loathe myself for my crime. In my confession I have made Sullivan my confederate. His guilt has been shown by the gun and the shirt. Had his confession been confined to me I should not have noticed" it, but having implicated others, I am bound to vindicate them. My life, I know, is doomed, and I am only anxious to free men who have committed no offence. It is the duty of the jury to exercise a wise caution in this inexplicable case. The prisoner then repeated his statement in reference to the way in which he became acquainted with Sullivan at Hokitika, mentioned the games they played at an hotel, and the circumstance of Sullivan quarreling and fighting with one of the parties to the game. Sullivan gave the man in charge, and made a false accusation against him, and then proved himself to be a wolf in sheep's clothing. Subsequently the antecedents of both parties were gone into, nnd plans arranged for future operations. Sullivan showed his willingness to lend himself to all the plans of Burgess and Kelly. The prisoner described the schemes they concocted to deceive the authorities, and detailed the mode in which several robberies were effected, including that of Mr. Kerr, which was a failure in consequence of the opportune arrival of some packers. The circumstances of the camp robbery at Hokitika were described with great minuteness ; the mode in which the revolver cases were secreted, the arrest of Burgess, his examination at the police-court, and his escape from the hands of justice through the false swearing of the prisoner Sullivan. Hokitika having become too hot to hold the party, they went to the Grey on the 26th May. The plot to rob Mr. Wilkie was duly commented "on, and Sullivan's share in it pointed out. Mr. Wilkie had a narrow escape from the plunderers; and Mr. Eos was the next object of pursuit. Wilson now appeared as one of the party. The prisoner here accused Sullivan and party of stopping, murdering, and burying Mr Dobson in mistake lor Mr. Fox. Sullivan never saw Levy till he saw him at the Grey. Mr. Fox having escaped,

by a kind of miracle, aud given inf&rfriatioa of an intention to intercept him, the poli^emenfwere put on the alert. The party had to abandon Greymouth, in consequence of the threat ' of Mr. Inspector James, who rushed the house where, the prisoners were staying, and ordered them to clear out of the district. On this occasion Sullivan took charge of the firearms. The purchase of the tickets for the Wallaby and the passage to the Buller were mentioned, as well as the subsequent arrangements to rob the bank at Picton. The dwelling at Canvastown and the plans to rob the Deep Greek party were fully specified. Levy was sent to Deep 1 Creek, but not for an illicit purpose. They intended to return to Nelson, and go by boat to Picton. On the Monday morning the party prepared to start, the arms were cleaned, Sullivan brought one of the knives from the Wallaby. Levy arrived about 2 o'clock, bringing a paper containing matters of the situation of the bank at Picton. He said he knew Mathieu, who with others, was going to the West Coast on Tuesday. He (Burgess) told Sullivan and. Levy he intended to intercept the men, to which Kelly objected. He had his own way and agreed with Sullivan how it was :o be done. It was arranged he and Sullivan should intercept the men. The river was crossed in haste, but he never used the foul expression Mr. Jervis attributed to him. At the Pelorusbridge, old James Battle came by. The prisoner said Kelly again begged him to desist from his pur-po.-.e, and preceded him and Levy, till he overtook Sullivan who was in conversation with old man Battle. Kelly and Levy Avent on towards Nelson. Burgess conversed with old man. The prisoner here described the mode in which he and Sullivan murdered the old man, which differred in no respect from the statement in the confession.

At this stage in the prisoner's statement his Honor said he should take time to consider whether he would hear him any more or not. Burgess had been speaking for upwards of an hour, during which he had been frequently told by the Court that his statement was quite irregnlar. The greater part of it was utterly irrelevant, yet he could not see how he could use physical coercion to stop his mouth. His statement was utterly valueless, and he must tell the jury so, yet he felt perplexed to know how to deal with the case. Here was a man arraigned on a capital charge admitting his guilt, and claiming his right t© address the jury. His statement could not be re-, garded as of the slightest value, and yet he knew of no process by which the man could be stopped. He would tell the jury not to attach the slightest weigh l to his statements and he trusted to their good sense,' and to that of the public out of doors to rectify the evil. He had never had experience of such a case, and could not stop the prisoner; if he could he would.

Mr. Hart here objected to the statement of the prisoner as convicting other parties.

His Honor could not see how to get over the.difficulty. The English law is quite quixotic in. -the license it gave the prisoner in such a case, and it:was perhaps better than that a prisoner should not, haye lair play. The prisoner assumed a most anomalous position that of confessing all his fault and pleading not guilty. He was doing himself do good and other persons harm. It must be left to the good sense of the jury and the public.

His Honor to Burgess : Have you mucsh more to. say.

Burgess: A great deal, your Honor. His Honor: Then I shall take time to consider it. The Court was adjourned for half an hour.

On the court resuming at half-past 1. His Honor said he had considered as to the propriety of conducting- this part of the case with closed doors, but after consideration he had resolved that it should go on.- .

Burgess proceeded with his narrative, and described Battle's murder, by strangulation, as previously stated in his confession. Sullivan striking him in the abdomen, and burying him. After that he and Sullivan camped, lighted a fire, and he loaded the arms for the first time. Ho detailed the proceedings at the rock, which did not differ from his previous confession. He accused Sullivan of wishing to intercept Ann Fulton. The particulars of the murder of the Deep Creek party were precisely the same as those given in the confession, Sullivan and Burgess effecting the deed, without the assistance of Kelly and Levy, who had gone forward. The details of the murders were given with the greatest coolness and minuteness. The audience remaining with bated breath, while the horrid narrative was being given. During the recital his Honor had occasion to check manifestations of feeling in the audience, and to threaten to clear the Court if it was repeated. He said it was evident Burgess was attempting to excite their feelings, and persons who came to the Court ought to be able to. resist such, influences. Having described all the cle,tails of the murders and the robbery, and. the secret---ing of the bloody shirt, and the camping at the chhjp*. ney, the prisoner went on to say that at this stage lis and Sullivan came up with Kelly and Levy. He tQld Kelly the men had been stopped. Be replied, \q would not have had it happen for .£3,000. $he ifimaining details were of an unimportant nature, and were precisely the same as those already published m the confession of the prisoner. He admitted he discussed in the hearing of Kelly his intention to stick up the Bank of New South Wales, but denied that Kelly knew the men were murdered, and declared that Levy knew nothing whatever of the matter. The subsequent details relating to the amusements and arrest of the parties, have already been published and need not be repeated here. N® opportunity was lost by the prisoner of damaging the character of Sullivan, to do 'which ■was indeed the main object of the statement.

Burgess said he wished to take a retrospective view of Sullivan's character, and was told by his Honor he should tell the jury that he was the last man in the world to whose views of Sullivaa!* ejharacter the slightest importance should be attached. Unless he intended to exculpate himself be ha4 tji©

right to proceed any further with his statement. It was only to. prevent misrepresentation nnd misconstruction, casting discredit on a court, of justice that he would be allowed to proceed in such a course.

Burgess, in reply to Sullivan's statement that he wished to go into the bush to deliver the men and shoot Burgess,- said he had ample opportunity to do so. • If he was a slave he was a willing one, and the reason of secreting the shirt was to hide tlio evidence of guilt. Sullivan's false statement to Owens and others, and his presents to various persons from the proceeds of the murder, were conclusive that he was not anxious to promote the ends of justice. It was absurd to suppose that Sullivan knew nothing of the mode of the murder till Levy told him, for having walked to the port with Kelly why did not he tell him. Sullivan's whole conduct was that of a man equally guilty with the rest, and he never discovered any desire to bring his fellow criminals to justice till he had seen and heard the proclamation offering a pardon and a reward to an accomplice who was not a principal in the murder. Sullivan and himself were the veritable murderers of those men, and whilst acknowledging his own guilt he was anxious lo unravel the mystery which hung around the case.

At half-past 2 o'clock Kelly proceeded to address the jury, and was urged by his Honor to confine himself to the evidence given in the ca*e. Ho appeared to be in a stale of great trepidation. He alluded to his defenceless position, without counsel, and appealed to the sympathy -of the jury. Although the money taken from him had not been sworn to, lie had not been allowed it for the purpose of his defence. He begged the jury to take a calm and dispassionate view of his case, and not condemn him because lie was a marked man He hoped neither passion nor prejudice would be allowed to convict an innocent man ; The over caution of Sullivan had elicited his guilt and his (Kelly's) innocence. The previous conduct of Sullivan was conclusive of his abandoned character, and his utter unworthiness to give evidence in this case. He had admitted being a perjured man, and was no more deserving of trust, now than lie was when he deceived the Magistrate and crowded court at Hokitika. He. had proved himself to be -mean, a perjured, and- a bloodthirsty man. lie was stained with the blood of numerous victims, and '■was so heinous a sinner as to defy omnipotence. Had Sullivan not committed perjuiy, these; murders would ■not" have been committed.- The prisoner denounced 'the guilt of Sullivan and to express a hope his pleasing expectations would he charged and his dec-p| cunning frustrated. Fie put his head out of the door as often as he pleased and read the glittering bait, and •reward as "had been since proved, notwithstanding his solemn- denial of the fact. The prisoner went on to denounce the crafty and treacherous conduct of Sullivan, and implored the jury not to believe a ■word' he said about his (Kelly's) robbing or murdering .any -human bems:. Till Sullivan showed himself there -was no talk of murdering storekeepers about country He read the proclamation, was bribed by the reward and resolved to lay the blame on his fellow -prisoners. The prisoner expressed the hope that the jury would be uninfluenced by what had been said or written about him out of doors, and complained of the manifestations of feeling that proceeded from the audience on previous occasions'. ' He did not deny his previous crimes, foul aspened that he h;ul never been guilty of shedding blood, or been tried for killing one. His conduct hud boon the topic of discourse in every circle, and had furnished materials for discussion in the press, who came out daily with some new and ingenious theory about himself.

■ Kelly was proceeding to read a newspaper, but was stopped by the Court, and afterwards allowed to put the case hypolhetically.

Kelly proceeded to complain of the misrepresentation of certain newspapers, which gave him no chance of having a fair trial, and begged that the jury would not be influenced by them, although it was almost impossible to think that the jury would not be influenced by such statements. Their verdict could kill but it could not restore hi:« to life, and he implored them not to be influenced by the false reports they had heard. He culled or. the approver to stand up and proclaim his innocence.

[Sullivan was here removed from court.]

The prisoner declared that he went to school with Sullivan and his brothers, although the contrary had been asserted. If a man couhi deceive a crowded audience as Kullivan did. lie was utterly tmworthy of trust on this occasion, Kelly commented on the conduct of i-jnliivfin whilst residing at the hotels in Kelson as conclusive that he had no iniention to forward the eu:ls of justice. Koily said lie gave £5 for the gun with his 'name scratched on it, Vast Christmas. He got the piece from Sullivan on Collingwood bridge, .anil not at Carivasjown. Tiie knife was his, but he was not an the road on the 13th June robbing, or killing anyoue, and no one could prove he was. But for drinking so much water he would have been 111 Nelson on the 1 2th June. lie did not deny coming to Nelson by the Wallaby, but he had money when fee ot'.tiie. . He had always plenty of money was dressed well, and had a claim at the Kanieri digtrin^:. He ought to have had the letters Sullivan Eor;t y, his wife, and which he (Kelly) had wished to have produced. He never concealed his place of residence, and went by the name of Thomas Noon, as Mr. Carter swore to in his depositions. His bills and miner's right were all in that name. I was never called Keliy till after I wns taken. He hoped and pr.ayed the jury would make the comments on the evidence he was unable to do himself. He was innocent. It was not possible that four men, and one of them a Jew, would commit a lot of murders like that

Mr. Pitt was addressing the jury on the behalf of Levr when we went to press.