The Nelson Evening Mail. WEDNESDAY, SEPTEMBER 19, 1866. SUPREME COURT.

Nelson Evening Mail, Volume I, Issue 169, 19 September 1866, Page 2

The Nelson Evening Mail. WEDNESDAY, SEPTEMBER 19, 1866. SUPREME COURT.

CRIMINAL SESSlONS.— September 18th, [Before his Honor Mr. Justice Johnstone. )

R. Burgess, T. Kelly, and W. Levy were charged ■with the wilful murder of Felix Mathieu on the 13th June last. — Conclusion of Trial. At 20 minutes past 4 the jury retired to consider tlie verdict. They returned to the Court at 10 minutes past 5, when the judge who had left the room when they did, entered and took his seat on Ihe bench. The clerk of the Court, then called the jury by their names and asked them if they agreed in their verdict. The foreman answered yes. The following colloquy ensued, breathless silence being maintained by the spectators. Clerk: Do you find the prisoner Richard Burgess, guilty or not guilty ? Foreman, guilty. Clerk : Do you find the prisoner Thomas Kelly, guilty or :iot guilty ? Foreman, guilty. Clerk: Do you find the prisoner Philip Levy, guilty or not guilty ? Foreman, guilty. The Clerk to Burgess: Have you any thing to say why sentence should not be passed upon you ? Burgess, no. To Kelly: Have you ? Kelly, yes. To Levy: Have you ? Levy, a few words. His Honor: I can hear you speak as to a point of Kiw only. I cannot listen to you respecting anything but a point of law in reference to the judgment. Kelly: I have not yet spoken. His Honor: 1 will hear you speak in arrest of judgment, but not any question of facts or inference to be drawn from it. Kelly: I wish to speak respecting the indictment. His Honor: I will not listen to yon. Kelly: I wish to speak that you did not charge ihe jury right respecting me. I want to say that i nin condemned on Sullivan's statement. His Honor : If you speak in arrest of judgment I will hear you. Kelly: I wish to say that no one swears he saw me on the road on the 13th June. His Honor : Everything connected with the evidence has been fully discussed. If you have a point of law to urge, do so. All evidence is fallible, but you did not question it; you cannot alter the law of rheland. Have you anything to say on a point of law in arrest of judgment ? Levy: This is a point ot law. His Honor: I cannot hear you. Kelly: Sullivan has perjured himself ; that is a point of law; Why do you not hear me speak ? His Honor: I cannot allow you. Kelly : Oh! this is bad; do let me speak. I won't be long in saying what 1 want to say. I don't value my life. I leave no friends or relations who will be sorry forW. His Honor: I cannot hear you on a suggestion of ficts, but I will on a point of law if you think proper to urge it — why you were not justly committed by the jury who have just found you guilty. I will listen to your statement of argument and fact no longer. Kelly : This is a point of law, and why will you >iot let me speak? His Honor : You have the most extraordinary favor f>liow n you that was ever shown to a criminal in a court of justice. I will not allow you. Kelly : No other 12 men would have found me guilty on Sullivan's evidence, it is all through him. His Honor to the officers guarding the prisoners : Prevent Kelly from speaking further. Use no violence. Kelly was then removed from the front of the dock. Burgess here asked permission to say something, but was refused by the Court, saying if you have anything to say against the verdict of a jury of your countrymen, or the proprietj r of your condemnation, or a point of law, you will be heard. The pertinacity of Kelly will be better understood when it is known that he had a mass of papers in his hands during the afternoon, from which he doubtless exgected he would be allowed to extract an oration for the jury. Kelly here said: They have taken away the papers containing -what 1 had to say. His Honor : The time of your defence is over, you will not be permitted to address the Court. Kelly : I want to look for my papers if you are rtcit in such a great hurry. His Honor having put on the black cap, was proceeding to address the prisoners, when Kelly again interposed, do let me speak, to which his Honor replied—l will not listen, it is too late. His Honor then addressed the three prisoners, telling them they had been convicted of murder by a jury of their countrymen, and lie should sj>eak to

them separately. Then addressing Burgess, he told him the position he had assumed was unparalleled in his experience or in that of the British administration of justice, in having come forward and pleaded not guilty, though he admitted that he was. He had done this with the pretended object of furthering the ends of justice and advancing the cause of religion; but few would come to the conclusion that he was actuated by any other motive than that of producing an effect in public, and by making a series of appalling statements harrowing the feelings of those who heard him. He had acknowledged that he was one of the wretched murderers of these men; that without any natural feeling for the common brotherhood^'of humanity, or possessing the instincts of the inferior animals,' he was a murderer and robber of his fellowcreatures. The pretended revelations he had made to the Court were said to be the consequence of religious instruction; their assumed object to promote justice and religion; but there were few who did not penetrate his real motives, and see thixt his shameless confession was prompted by other motives, and that his abandoned and audacious exposure of his crimes, delivered with the most flippant disregard of the sacred subjects he dealt with, were for other purposes quite in accordance with his audacious character and the criminal antecedents he had himself admitted. He had shown less than the cunning of the fox with more than the bloodthirstiness of the wolf. He trusted these would be the last words Burgess would hoar, either of condemnation or reprobation, which were uttered by him only from the necessity he felt of impressing on the people who had listened to the narration of his crimes, the estimation in which they were held by the intelligent and virtuous portion of his fellow-creatures. If he fancied himself the hero of great crimes, and that when he departed from this scene it would be with a halo ot glory around his head, it was to be hoped that few would regard them except wi h the greatest execration. God forbid that the men ■who committed such great crimes should meet with any sympathy from their fellowcreatures, or that men' who displayed savage impulses worse than the beasts of prey, should obtain the least favorable consideration from mankind, lla made these remarks for the purpose of exposing the nonsense believed by the prisoner that thu perpetration of such foul deeds -was an object of pity or admiration, and that crimes like his needed a great public example. He was glad to know that the private nature of the executions in this country were impassable to the display of the audacity and love of false glory shown by great criminals. Whilst guarding the criminal, so as to prevent a suspicion of foul play, he was prevented from indulging in a display of mock heroism Let the prisoner therefore not speculate on addressing a mass of persons, or deriving satisfaction from making his audacious statements at the last moment. His Honor then said: Eichard Burgess, by your own admission you have been the murderer of several men; how many, you only know. You have also committed other great crimes. It remains for me to pass on you the sentence of the law you have so long deserved, that you be removed rom this place to that from which you came, and that under the direction of the law you be hanged by the neck till your body be dead, and that it be then disposed of according to law; and may Almighty G-od have mercy on your soul.

Burgess bowed and was removed.

His Honor then addressed Kelly, saying his case differed in some respects ironi that of the last criminal. Have been undefended by counsel he had been allowed the utmost latitude and liberty that was compatible with the public interest. Kelly : I do not deny it.

His Honor : I want no reply. I will not listen to vou.

Kelly: If I was the murderer of those men I ought to be put in a cage on the mountain.

His Honor : You are well aware you have had a fair trial, and although you have not avowed your crimes like Burgess, you are well aware that no means have been left unemployed to promote your defence. Had a tittle of evidence been furnished to the jury in favor of your innocence the greatest stress would have been laid npon it. It may be possible that you have been the slave of a greater malefactor, and were not the actual murderer of Mathieu, but this has no effect on my mind and the jury have convicted you of the crime, and who can blame them? You took part in it, and from what motive ? Not a sudden temptation ; not in obedience to any of the natural instincts of revenge, jealousy, or hatred; but solely actuated by a love of lucre, preferring to murder and rob your fellowmen, and spend the plunder in riotous living, to gaining your bread by honest industry, by the sweat of your brow. You are possessed of some intelligence, have had a fair trial, and called all tbo witnesses you thought would serve your case. This has not, however, influenced the jury in your favor. I must now do my duty, and, Thomas Kelly, I have to pronounce upon you the sentence, that you be removed to the place whence you came, and hanged by the neck till your body be dead, and that it be disposed of according to law. And may God Almighty have mercy on your soul. His Honor then addressed Levy, and told him he had had the advantage the other prisoners had not, of the assistance of able counsel, who had made the best defence he could, had called the evidence he felt it his duty to call, evidence no doubt suggested by tjie prisoner. No effort had been spared to avert the;.;fate that awaited him, and every topic had been urged H against Sullivan that could possibly be urged; Tlifs ' had failed to influence in favor of the prisoner the 12 intelligent and respectable men whom his own counsel complimented on their fitness to try the case, and congratulated his client that he was being tried by them in preference to any other jury. His counsel had tested every fact, and scrutinised every witness that could be of service to the prisoner, and the jury had pronounced their verdict of condemnation, and who should say they are not right ? Ido not. His

Honor then said, Philip Levy, the .sentence of the law is that you be removed from this to the place whence you came, that you be hanged by the neck till your body be dead, that your body be disposed of according to law. and may the Lord Almighty, on whom you as well as others rely for mercy, have mercy on your guilty soul. Levy: In presence of the Almighty, before whom I stand, I declare that I am an innocent man.

His Honor: Such a statement as that should have no effect on the jury or on me. His Honor then thanked the jury for their services, requested them to be in attendance at 10 o'clock on Wednesday, and adjourned the Court till then. This Day. His Honor took his seat at 10 o'clock. J. T. Sullivan was placed on his trial, charged ■with the murder of James Buttle, ou the 12th June last. The following jury was sworn : — N. T. Lockhart, C. B. Wither, Joseph M. Pearson, W. 11. Turner, John Lockett, A. Greenfield, Robert Johnson, W. S. Mortimer, H. 11. Knowles, Hugh Martin, S. M. Pike. The prosecutor challenged Messrs. Patonjand Luckie, who left the box. His Honor discharged the grand jury, the Crown prosecutor having no further need of them. He offered them the thanks of the Crown and colony for their services. He also discharged the other juries who were in attendance, but whose services were not required. Sullivan here said he wished to recall his plea. His Honor said he was loth to allow him to do so. The withdrawal of the plea could not influence his fate, and ought not to influence those who were dispensers of justice. Sullivan : I did not commit the murder, nor know that murder was committed. This is my object in amending my plea. His Honor: He has pleaded not guilty, let the trial go on. His Honor asked Sullivan if he would like to be defended by counsel, and asked if Mr. Pitt was here. Sullivan : I would rather defend myself than bu defended by Mr. l'itt. Mr. Hart, who conducted the- case for tho Crown, stated the facts which he was prepared to prove in evidence. He said the statement of the prisoner would be put in evidence against him. He called George James Baker, who said : I am a tailor, in Nelson, I went to search for a body about the 2nd of July. I went to Frankly n's Flat, and the next morning we searched about a mile further, away fretn the river towards the Heringa. We were told oil', ii> of us, to go into the bush, we were about five yards apart on the lower side of the road from Nelson. I came! to a fern root about 100 yards from the track. On examining the place, and moving a log three feet lorn-, and the earth towards the root. I came to the exposed body of a man. The hip part below the ribs was naked. Constable Martens then came and stripped the earth' from the body. We turned the body over. It was lying on its face. He had his clothes on, but a portion of the clothes — the trowsers were undone. I forget if he had a shirt on. After that I saw some marks. It was discolored. The chest and neck were of a different color to the rest. They looked like blood. It was sown up in calico, and I helped to carry it to Nelson on poles. I saw Dr. Cusack and Dr. Cot! crell examine the body at the enginehouse. I saw the body identified.

To Sullivan : We were told where to search as to the locality.

James Barton : I am an attendant at the hospital, on the 3rd July I recognised the body of James Battle at the engine-house. It was the only-body there. I saw Drs. Cotterell and Cusack there, examining the body.

C. E. Cotterefl, M.R.C.S., Loncl.: On the 3rd July last I examined a body said to be that of Jtimea Battle, in the engine-house. The previous evening? it was too dark, and the examination was postponed till Wednesday morning. There were no marks of external violence visible. The brain was rather congested, soft to the touch, and easily broken down; it had to be turned into a basin. On removing the skin of the windpipe the muscles each side Adam's apple were contused as if pressed by hand or rigid substance. Internally the windpipe and mouth appeared healthy. There was nothing very abnormal in the chest except that the right lung was congested. When the skin and muscles in front of the abdomen were removed there was a distinct discoloration of the omentum or caul, and the muscles had a contusion corresponding to it. The stomach was empty and healthy. He might have vomitted. The face was covered with blood, which was difficult to remove. The mud so adhered to the face that we had to usea garden pump to wash it off. I could not swear to any cause of death, but the congestion of the lungs would show that asphj-xia or strangulation had taken place. Asphyxia was partly caused by pressure on the lungs. The injuries to the windpipe would probably produce asphyxia, and consequently congestion. A man could not have easily made the marks on the windpipe himself. lam of opinion that the death was not a natural one. But for the marks on the windpipe it would have been consistent with the symptoms that the man might have died from natural causes.

Dr. Vickerman: I examined the body in question, at the engine-house, on the 3rd and 4th July. The man died from strangulation, also from a nervous '■[ shock caused by a blow on the stomach. It was not consistent with the symptoms that death was caused by hiu;self or in the ordinary course of nature. John Wilson: I live at Pelorus bridge, and keep an accommodation house there. I knew James Battle, who worked for me for. seven months. He left me on the morning of the Vith June, saying he was going to Nelson. He left about 8 a.m. He had £3 17s. which I paid the day before. I have not seen Mm since that day. He had a long-handled

shovel and swag when he left. I never saw Sullivan or the other prisoners till I saw them in court. Battle went by the name of Old Jemmy. George Jervis : I live at Canvastown. I knew James Battle. I last saw him on Tuesday morning the 12th June, going towards Nelson, about 8 o'clock. He was going from Wilson's, half a mile from my place. I identified his body in the Maitai Valley and at the enginehouse. I know Sullivan, and saw him cross the river that day with the other prisoners a little before Battle passed, a quarter of an hour or 20 minutes. I saw the place where the body was found, but did not see it found.

Baker was recalled and said the place was 15 miles from Jervis's placs, and a mile from Franklyn's Flat. Jervis continued: I saw the prisoner on the 9th June at Canvastown, in an empty house I gave them permission to occupy. The three were there from Sunday till Tuesday, and "spent about 15s. or 16s. there. Levy was absent on the Sunday, and returned on the Monday. I heard Burgess say when he left, he was going to leave the h y country, there was nothing to be done there. They all came together and lived in my house together. Sullivan told me on the Monday he had been unfortunate at the Buller, was short of money, or I should have taken a few pounds from them. On coining to my place they said they came from Pelorus-bridge. I saw them leaving a little before 8 on Tuesday morning. To Sullivan: On the 17th or 18th June, I spoke to Mr. Owens of the missing men. He said he had no strangers in his house. Had I seen you I should have caused you to be arrested. In the lockup you did not say your wife gave you something to^poison all the Jervises in the country. You made use of foul language. I told Sullivan I was sorry I had not poisoned him, when I gave him something to cure him of dysentery. Sullivan said nothing about poison to me that I remember. The police were at the cell door, and would have heard you speak of your wife giving you poison if you had said so. Daniel Cooper : I keep an accommodation house at Pelorus bridge. On the 12th June I saw the prisoner a quarter of a mile the Wakamarina side of the bridge. He was alone; the three others were behind him. They were Burgess, Kelly, and Levy, and a quarter of a mile behind him. It was between 10 and 11 in the forenoon. It is six miles from Canvastown to Jervis's. I was going from my place to the Wakamarina along the track. They were coming towards Nelson. I bade the men good morning. I had seen them camping on the bridge the previous I'riday. Half a mile further on, I met old Battle. I knew he had been in Wilson's employ. He was coming towards Nelson, carrying a swag and a long handled shovel. It was a quarter of an hour after I saw the others. I have not seen him since. He was the last that passed towards Nelson that day. Mr. Galloway came to ray place from Nelson, and stopped all night. The prisoners carried swags and nothing else.

Bilker recalled : The body was found between Franklyn's Flat and the Heringa river. Thomas Galloway : I reside at Picton. I left Nelson for that place on the 12th June. At Franklyn's Flat I met Hartman and Leo, afterwards three diggers. Two or three miles on the other side of the Heringa Bridge, I met an old man with a swag and long-handled shovel. It was James Battle, whom I had seen previously. It was about 3 p.m. He was walking towards Nelson. Further on about two miles I met four men, like diggers, coming towards Nelson, of whom Levy was one. Ido not recognise Sullivan. I cannot swear to him, but I think he was one by his side face. I spoke, but they turned away their heads and {did not seem to wish for conversation at all. I met no one else, that day. I stopped at Cooper's that night. The interval between the diggers aud the old man was about two miles. To Sullivan : I think you returned an answer. I know you by the side face. Henry Moller : I live at Deep Creek. I left it for Nelson on the 13th June, arriving about 7 in the evening. I met Jones and others on the road. I never saw Sullivan till now, nor any of the other prisoners. Sergeant-Major Shallcrass: I know the prisoner. On the 28th June he made a communication to me, which I took down in writing, signed by him. I took it from his dictation, and now prodtaee it. He looked at it before it was signed. I produce the paper containing his statement. To Sullivan: I took the heads of your statement only. The paper was admitted, Sullivan making no objection to it. S.-M. Shallcrass: I read it to Sullivan before it was signed. The paper was read by the Clerk of the Court. Its contents have already been published in this journal. S.-M. Shallcrass: Sullivan said he was in company with these men next day. He told me the locality where the body was likely to be found. He gave no account of its condition, whether it Avas buried or not. He described a mark on the embankment made with the heel of his boot, and a large fallen tree. I was not near the spot when the body was found. He said he thought he had not been shot, or he would have heard the report of firearms. I have two shovels, which I received from Constable Martens.

To Sullivan: I know where the body was found. To his Honor: Sullivan made a statement before the magistrate. The statement was put in and read. It has already been published. To Sullivan: You said more . than has been read. What has been read is only a brief statement. I lesolleet the most important facts. Constable Joseph Bradeock: I was one of the Search Party. I saw a long-handled shovel found on this side the third creek, on the Nelson side of Franklyn's Flat. Stephen Owens: I keep the Mitre Hotel. Sulu-

van stopped at my house in June last. He came on the L4th and stopped till the following Tuesday. He spent money but I can't say how much, perhaps £3 10s. or £4 in all. To Sullivan : You came on a Thursday the 14th. I was in the diningroom. At the suggestion of the Court the prisoner desisted from further examining this witness, who Sullivan said had represented him as coming on the 14th, whereas he came on the 13th June. This was the case for the Crown. Sullivan said he had subpoenaed witnesses^ hut should not call them. He then addressed the jury. He read an account of his connection with the other prisoners, who he said had exercised terror over him anJ intended to kill him. The three other prisoners had threatened, when in gaol, to kill him. He had boasted of .crimes in order to gain their confidence. He gave his career as a prize-fighter, and trainer of fighting men. He never went to school with Kelly, or saw him in London, although Kelly knew Ids brother. He intended to leave Hokitika, and wrote and told his wife so. He told his wife he had met with an old schoolmate who supplied|him with money, which was not the case. He had never been to school since the death of the Duke of York. Here Sullivan became so affected that he was permitted to leave the Court and obtain stimulants to enable him to proceed. Sullivan having rallied went on with his narrative. He remarked on the motives of Burgess but was stopped by the Court. He related all the facts that took place on the 12th June, the day of Battle's death. He admitted that he expected a pardon, but denied that he read the proclamation, or was able to put his head through the aperture. He hoped for a pardon independent of this. It was dangerous to inform till material witnesses had come forward. He would have petitioned the Government for a pardon had not one been offered. He praised the witnesses Jervis, Cooper, and Harvey, and said he would not explain the matter of giving false testimony lest it should defeat the ends of justice. He alluded to the bottle of strychnine, and said the reason he was kept in sight was as important to him as to his confederates. He denied that his antecedents in Tasmania were such as he need he ashamed of. The way the blood came on the bag was that pigeons were put into it at Deep Creek. He never saw blood upon the shirt. It was not likely that he would have told the police that he had concealed a bloody shirt. Sullivan wished copies of his letters to his wife, and his wife's letters to be read. His Honor said this could not serve him in the least. If they could not assist his defence it would be useless to read them. His Honor having looked through the letters said they must not be road. Sullivan: His hands were scratched by taking the horse down the hill. The missing men were not spoken of till the arrival of Jervis on the Sunday night. He complained that the confession of Burgess tended to damage other parties. In reference to giving- false evidence at Hokitika, he had informed the Superintendent of the fact, and made no secret of it. He had not been in a gaol for 18 years till he came to Nelson, and was never charged with a felony till he met with the other prisoners. He wished the Judge to allow a detailed statement to be read that Avasin the hands of the Crown Prosecutor.

His Honor said he would allow it, but Avould caution the jury not to believe it, except as it was established by evidence. Sullivan narrated what took place on the 12th June. He described the ambush that was prepared, and his overtaking James Battle, and the mode in which he was taken off the road by Levy and Burgess, whilst he and Kelly kept a look out. The conversation with the old man was fully detailed, and the prisoner's attempt to promote his escape, as he had little or no money. Burgess demanded the old man's gold, presenting a loaded pistol at his head. The old man resisted, refused his money, and was taken into the bush by Burgess and Levy. Prisoner denied that he was present at the murder. He saw the two prisoners emerge from the spot where it was committed, and cut the bank with his boot. He did not conversfi with the other prisoners about the murder. The prisoner described his subsequent proceedings at Franklyn's Flat, at the camping place. There Burgess spoke about the murder, and Levy produced the money taken from the old man £3 14 s. Prisoner said Burgess threatened him because he had tried to save the old man, and described the manner in which the old man was destroyed, by strangulation, with the two thumbs. The statement was a repetition of murders that had been committed in other places. The prisoner disclaimed all knowledge of the actual murder, he was an associate for an unlawful purpose, but he did not know the man was going to be murdered, and he did all he could to prevent his being robbed. This was the end of Sullivan's statement, and the Court adjourned for half-an-hour. On the Court resuming Ms Honor addressed the jury. He said the Crown Prosecutor had deemed it wise not to proceed against the other prisoners ; a course on which he would offer no comment,, The jury were called to decide on the evidence adduced to-day combined with the admissions of the prisoner, whether it was sufficient to convict the prisoner. If the jury had a doubt, they ought not to convict him. It was unnecessary, in addressing a special jury, to talk dogmatically or dictatorially, to enable them to come to a conclusion. What they had to decide was whether the prisoner took such part in the proceedings as made him responsible for the death of the murdered man. The issue raised by the defence was to what extent was he implicated in the transaction. He admitted the conspiracy and the unlawfulness of the purpose, and was he really responsible for murder and not robbing as he admitted. This was to be tested by indisputable evidence. If the defence were true, and he protested against the murder, was bis conduct consistent with

that statement ? His previous and ■ present admissions and explanations y his knowledge of other murders rehearsed at the camp fires ; his going away for wood were alleged as arguments in favor of his innocence. It was for the jury to inquire dispassionately whether the statements of the prisoner were consistent with his assumed good intentions. It was not necessary to constitute murder that the confederates should have agreed to take human life. If one determined to do so as accessory bafore the fact, or a principal in the second degree could he be indicted for the murder. If lie was near enough to prevent the act, an accomplice was a principal in the second degree. And if the prisoner was near enough to stop what was going on lie was responsible for the murder if only robbery was at first contemplated. If he was not there to give the blow, he was to hinder other people from preventing it. The jury would estimate Sullivan's statements at their proper value, and acquit him if they entertained a reasonable doubt of his responsibility in the transaction.

Sullivan said he dared not leave the men at the Grey, and was under the influence of terror whilst in their company.

His Honor said the jury would test the value of that statement.

His Honor then analysed the evidence that had been given, and in reference to Sullivan's written statement, said what a man said in favor of himself was not listened to in law, but what he said against himself was used against him Remarking on the assertion of Sullivan that he could not escape from the party, he invited the jury to determine whether he had not numerous opportunities to do so. If he Avas really ignorant that murder was contemplated, when he acted as a scout on the road, the jury would take it into consideration; but could lie be possibly unaware of the actual . fact, which was subsequently rehearsed in his hearing at the camp fire by a gang of professed murderers. The proclamation of pardon, the shirt, and the history of his life, had nothing to do with the case, was the crimfr done in spite of him, and could he not possibly get away. The fact of his cognisance of other murders was no excuse for his not getting away. . If the jury - thought the prisoner was not a voluntary accomplice in the guilty acts they would give him the benefit of such conclusion ; if they thought him resporisiblefor the acts of the confederates they would; not shrink from discharging the duty which devolved upon them. At 10 minutes to 3 the jury retired, returned to Court at £ past 3, and pronounced a verdict of Guility^ Sullivan said nothing-. ' - His Honor addressed the prisoner in solemn langunge, saying ho did not intend to review the circumstances of the crime he had confessed He endorsed the verdict of thejurj'. Admitting that he had aided in the detection of other crimes he bad no claim on society in reference to this. The case of the prisoner illustrated the danger of evil communications, and the necessity of resisting first temptations, it was the duty of The Judge to pass the extreme sentence of the law without suggesting any considerations of the probability of escape. He trusted the prisoner would for the sake of himself and others use the moments that remained to him of life in preparation for the dreadful fate that awaits! him. His Honor then passed sentence of death on the prisoner in the usual form. Sullivan was much moved on hearing his sentence. His Honor then gave the thanks of the Crown anil the to the special jury for the admirable manner in which they had discharged their arduous duties. He also complimented the local authorities for the manner in which they had asserted the majesty of the law. He thanked his Honor the Superintendent, the police under his control, the Resilient Magistrate, and the citizens who organised the search were worthy the thanks of the community and the colony. Having had occasion to censure the police on former occasions, he the more readily awarded his tribute of respect to all the local authorities, and to the police in particular, and was happy to ini'^rnv the chief of police that he would receive promotion for his conduct on this occasion. He was prepared to say that he should publicly recommend Mr Jervis for reward from the Government; and the aohle conduct of the search party would not Ml to roc-iuvc the stamp of public approbation, showing, as i( aid, that a bold and effectual attempt would be made to put down crime in the colony whenever it appeared. His Honor then retired, and the Court was adjourned.

Three gentlemen from Lyttelton, says tho Eevening Mail, went on an excursion on Saturday last with a view of hunting pigs on the Peninsula. They had succeeded in killing four small ones when their dogs disloged a huge boar, which came rushing down upon them. To avoid the charge of the infuriated animal they were obliged to separate aud take the best shelter they could. The dogs shortly overtook the beast and fastened upon him — upon which it threw itself down an embankment, about 10 feet high and very precipitous, the dogs still holding on. It eventually floundered into a water-hole. One of the party, Mr. Drew, followed as quickly as possible and endeavored tcstab the boar to the heart with a sharp knife. Owing to a sudden motion of the animal the handle of the knife slipped through his fingers and caused the blade, which was very sliarp, to cut the palm pf his hand frightfully. Nothing daunteS he slipped the knife to his left hand, and succeeded in killing the boar.