The Nelson Evening Mail. FRIDAY, OCTOBER 5, 1806. EXECUTION OF BURGESS, KELLY, AND LEVY.

Nelson Evening Mail, Volume I, Issue 183, 5 October 1866, Page 2

The Nelson Evening Mail. FRIDAY, OCTOBER 5, 1806. EXECUTION OF BURGESS, KELLY, AND LEVY.

This mominp; the awful sentence of the law was carried into execution on Ihese wretched nude-factors. Tlie knowledge that the execution would be a comparatively private one, prevented nny open display of puplic feelinjr. As tho hour appointed for the execution approached, however, several knots of persons were seen on every stu rounding elevation that commanded a view of the gaol, in expectation of catching a sight of the criminals. Suolu expectation was disappointed, as nothing hut the comer of the scaffold, or at most, the heads of the men could he seen during the few moments they stood upon the drop. About a score of persons were admitted to witness the execution, including the representatives of the three newspapers, the professors of phrenology residing in the town, the ministers of religion attending the criminals, and oificcrs connected with the police ami Supreme Court. The scaffold and the drop hnd beeu prepared for the despatch of the wretched men in the most rapid way. The fall from the drop must have heen 5 feet, so that the death of the criminals was almost instantaneous. Soon after 7 o'clock the persons whose painful duty it wus to he present, made their appearance, and by haifpnst seven the prisoners were pinioned, and informed thai, the hour of their departure rapidly approached. During thc greater part of the night the ministers of religion who had been attending the criminals i were • pre-ent to impart spiriud consolation. The | Pi ev. ,). Davis ami Mr. Daniel! were wiih nurgess, ' | the Rev. G. Ii 'Johnstone with Kelly, and tbe L'ev. 1). I.'-aac"! with Levy. The voice of supplication could be heard coining from the various cells, and the eyes suffused with tears of tho ministers .-is thty witinlrew* from the cells at the request of the Governor of the Gaol, showed the painful nature of thc exercises in which they had been dig-i^e-d. About 20 minutes to S it was apparent 1 lint ;:il the preliminary arrjiiigvnients for the execution were completed, ai i»« i at a quarter to 8 o'clock tbe men were brought into the yard. Tho convicts accosted each other in an affectionate manner, and tlie small knot of spectators in tiie yard having .surrounded tbem, Burgess with eoiiMldenible excitement, commenced to speak. lie said, " 1 am grieved to see this poor Jew nnd Kelly in this painful position, brought there by false testimony. 1 declare in the presence of God, before whom 1 shall shortly appear, and from whom I expect mercy, that Sullivan is guilty of the murder of Battle, De I'cntius, and Dudley, and Lhat lie is the veritable murderer of Mr. Dobson. Sullivan is guilty of six murders. I am | not guiltless of the latter, but I declare to God that I was not made acquainted with it until after it was committed. Sullivan lias committed tliese crimes, but I fot-giv? him. I must, forgive him as I look to God Almighty for forgiveness for my own offences." ! Burgess tlien shook hands with Mr. Hamilton and j took farewell of him ; with Mr. Shallcrass, and told him he had discharged his duties in thu most efficient j manner possible ; with Mr.Danit-11, calling" hini a prei cious friend aud thanking hini for the kind solicitude he had shown for his welfare; with Captain Clouston, who he said was a kind man, and was the right man in the rigbt place. Had he come in contact with such an officer when lie became a prisoner, be would have been induced to turn from the error of his ways. Mr. Yel verton he thanked, saying it was desirable a gaoler should hi force discipline without hashness, as the latter engendered hatred in the minds of prisoners, and was not so calculated to produce reform as kind and soothing treatment. To Mr. Tuckey and the Rev. Mr. Davis he said, may God bless you for your kindness. Then assuming the air of a deeply contrite man he said, " I have been a great sinner f'or 38 years, but I have been led to seek the mercy of God, and I go to the drop as cheerfully as I should to a wedding, as the moment of my death will be the moment of eternal bliss." Then turning to the bystanders he said, "may God bless you all, and may you all turn to Him also." Kelly next spoke. He appeared to be much excited, and spoke in a very incoherent manner, lie begged permission of the Sheriff to read a long written statement, which he said was to supply the deficieacy of his defence, he having been prevented from reading tlie documents h.e had prepared on the occasion of his trial. Having relied on getting this written-statement, our reporter took few notes of it. When it was done with by the prisoner the Sheriff took possession of it, and refused to hand it to the representatives of the press. Kelly was crying and

sobbing through the whole time he was reading it, and seemed like a demented man. He said he had not committed a murder since he was born; that ho had no knowledge ofthe Maungatapu murders, or of any person or persons who committed them; and that, if he was not speaking the truth, he prayed the dpvil might be waiting for his soul and the moment he was executed, carry it to hell with the rapidity of lightning or the speed of the passage of light from the sun. The time at which the execution was appointed to take place had expired before Kelly got to the end of the document, and the Sheriff had to interrupt him several times, and finally to tell him tbat he conld not allow him any more time. Kelly said he was so worn out at the trial that he could not properly conduct his defence, and begged to be allowed to read the whole of the paper, a request which the Sheriff said a sense of duty prevented him from complying with. Burgess here said he wished to make a remark in reference to Wilson of Hokitika, who was charged with the murder of Mr. Dobson. Wilson was as innocent as a child unborn. He had made oath, that Wilson was in his company nearlj* all the time of the day on which Mr. Dobson was murdered, and iu fact from Sunday to Friday night. Mr. Dobson was not murdered on the 29th as stated, but on the 28th, on Monday afternoon, between 4 and 5 o'clock. The moral guilt of these men consisted in their knowledge of the facts after they were committed, but they had no part in the deed. Burgess then added with ereat apparent pleasure. — I am ready, Mr. Sheriff, you can now carry out the law. Kelly said : I am not ready, but I must be. Levy next asked permission to make a statement and was allowed to do so It was substantially as follows : I have great, cause 3 of complaint against the Government, for not allowing me the £25 for my defence, to enable me to bring a witnr -*s or two in roy favor. This prevented me from bringing a witness in favor of anything. They have spent thousands, in expenses to procure witnesses to convict me. [Here Levy was stopped by the sheriff.] He continued. It is but fair to hear me, you demand the body of an innocent man. The Government have been at a great expense to convict me by the aid of Sullivan the approver, and it is hard not to be allowed to speak. [Tlie sheriff told him to confine his remarks to himself and he would be allowed to speak.] Levy continued. The Government have convicted me in tbis way, and you should not be so strict in preventing my few last words from being heard. Through the aid of the approver Sullivan the Government have been at an enormous expensein procuring my conviction. When I was apprehended. I was informed by Mr. Shallcrass that I should receive assistance from the Government, after the money was stopped. The answer I got was the subpoenas might be served, and the witnesses might come if they liked, but I should receive no aid. Tiie approver Sullivan has made these statements to ' place my neck where his own ouchf to be, in the account he gives of my being seen with bim. I solemnly declare before Almighty God, at this moment, that I was never with him for 2G hours previous to the time when the awful occurrence took place. I speak Ibis in the face of Mr. Shallcrass, who is present, arid because the Almighty tells me I might do so, nnd he cause it is better to do so than hereafter. I told the Superintendent yesterday I wished him to be present at the execution, when lie would hear what I had to say. I told him I should like to sayin public what I had to say, as I was tried in public, lf he were here he would hear the words I have to say. lie has given too much sway to the approver Sullivan. When I was in No. 2 cell, I saw the Superintendent go to Sullivan's cell. Sullivan was weeping and wailing about his poor wife. The Superintendent told him he need not fear, he would get. a pardon and be sent to some other part ofthe world where no one would know him. He then patted Sullivan on the cheek and told him to cheer up. .Levy continued: I hope, Mr. Editor, you will pubi li-.li tliese facts, spoken in my last dying moments; and I believe in my heart that had Sullivan not been encouraged as he has been, lie would never have gone such lengths as he has. I have also to complain of the statements ofthe press. I-t ere Kelly said, God forbid! the Lord is waiting for us. Levy resumed: The press has represented me as an indifferent character. I was in Melbourne, and had left it for 12 months, with £500 or £600 worth of property. I never was at Wood's Point in my life. The press has heen airainst me greatly. Here Levy complained of the feeling that was shown against him in Nelson, on his apprehension, as he was being conveyed from the lock-up to the gaol, and was stopped by the Sheriff. He begged hard for two or three minutes longer, and the Sheriff assented. He said had he been tried anywhere else the public press would not have exerted such an influence against him. and he did not think he would have been found guilty by any jury. Having been again urged by the Sheriff to hasten to a conclusion, Levy said : I wish the tew here to pay particular attention to this, that. lam innocent of tlie murder of ; Felix Mathieu and James Dudley, both of whom I knew well, as well as of that of De Pontius, Kempthorne. and James Battle. Not only did I not murder them, but I did not know they were murdered till their bodies were found 10 days after my apprehension. I never received any money from that same awful tragedy. I say so in the holy name of God or Jehovah, whom. I worship. Kelly, my fellow sufferer, was with me, and I declare to the Almightyin heaven, and before this assembly, tbat I know nothing of the murder. Amen!" . . When Levy had done speaking, Kelly again protested his innocence, and begged the Sheriff not to be in a hurry. The. criminals were then conducted to the scaffold the officials and clergy preceding them. Burgess kissed the rope, and said he hailed it as tbe prelude to heaven. Levy said ta Burgess, " I wil.

"hang on the right side ot you." Kelly appeared by no means reconciled to his fate, and when hurried by the officers said, -'Don't yet; let me speak. lam forceS. lam not hanged, but murdered. God bless ine, where am I? 1 should lie allowed to speak." The criminals were now all kneeling on the drop, Burgess in the middle, Levy to the right, and Kelly to the left of him, with their faces eovered, and the rope around their necks. Kelly kept on talking. He said, " Burgess wrote that namebn my gun. lam willing to go to God. 1 hope you all may and are looking towards him. Let me shake hands with you," he said to the executioner, as he adjusted the rope; " don't choke me tbat way. God bless me, and all of you. 1 should nnt be expected to understand points of law; you might as well expect me to explain a problem in Euclid. I forgive all. Levy: 1 am innocent. Kelly resumed : I would pray of you to give ine liberty fora moment to speak. I -am in a Christian country. Will you not allow me ; I am innocent so help me God. -God bless you all. who are looking at me. I liked Nelson, and would have been glad to ivein such a Chiistian community. 1 would have lived there and been married, had I been allowed, and conducted -my seit as a respectable member of society. Here Kelly was interrupted by the solemn voice of the clergyman, who pronounced tlie words, -'I -am the resurrection and tbe life. It was 27 minutes past S, and Kelly continued to .request permission to speak. Tbe criminals we e now made to stand up, • Kelly continuing to cry. '"do let me spenk." The clerical gentlemen present bad taken leave of the criminals, and the words of the burial service, "in tlie midst ot life we are in death," were scarcely uttered, when tim drop fell, .and the fate of the criminals was for ever decided. The execution took place precisely at 8_ o'clock, a delay of half an hour having taken place in listening to the statements of the criminals. Death appeared to be instantaneous. A slight motion was observed in the body ot .Kelly ■only. Several gentlemen took casts ofthe faces wben the bodies were cut down. The laces of Burgess and Levy bore a placid expression, tbat of Kelly was dis lurbed a little, as he was speaking when the drop fell. Just before he went to the scaffold, Burgess said to Mr. I'rimble. "I freely forgive you; I was once anxious to imbrue my. hands in your blood, but I now entertain towards you a generous 11-eling." After the bodies bad bung the time required Inlaw, an inquest was held before the Coroner VV. \V. Squires. Esq. and the following jury : — Messrs W. 11. Barlow, foreman. I. F. Leech, E. Smallbone, lt. .B. Waliot, W. Light foot, R. Martin, J. Pratt, John Barton, S. Fittall, John Wigzell, James M'Conkc'y, Alex. Fletcher, Thomas Parley. Mr. fdmllcrass identified the bodies as those of Burge-s, Kelly, and Lew. The Sherifi'produced the warrart of execution, under tbe hand of Sir G. Grey. Dr. Vickerman proied that thu deceased cikd from stviingihiition. caused by hanging, whicli be witnis.-id this morning in the gad. The jury found a veid.e-t in accordance with the medica! evidence, adding that the deceased were hanged under a warrant signed by Sir G. Grey. We have already shown tliat Levy died protesting his innocence. The Rev Mr. Johnston informs us that notwithstanding all liis efforts to lead Kelly to repentance and e.'.ifes'ion they were in vain, lie pointed out to him the danger of appearing before his Maker with a lie in hi 3 mouth, and showed him that even at tlie last moment, it he were truly penitent, God would hear his prayer, as in the case of tiie thief upon tbe cross if his prayers were sincerely uttered. Kelly utterly refused to confess to any murders, and called upon God to witness that he was innocent. The only .statements he made were in reference to Mr. Dobspn. lie said tbat Sulllivan and a man wbo went by the name of Ned poisoned him with strychnine. The Fev Mr. Davis informs us that Burgess paid the gre tt'.st attention to the instruct! n he gave him, ana appeared to join fervently and sincerely in the prayers that were offered ; but he forbears to oiler an opinion as to tiie sincerity of the repentance Burgess professed to feci. The night before his execution Levy wrote lo his mother, brothers, and sisters. The substance of the letter is that he is innocent of the murders of Mathieu, Dudhy, De Pontius, Kempthorne, and Battle, and of any other murders during the whole course of lis life He also declares his innocence of receiving any money knowing such money to have belonged 'to any murdered man, woman, or child. He bas taken the most solemn oaths before the Kev. D. Isaacs, and swears by lhe Eternal God or Jehovah that his declaration of innocence is made without any reservation of uny kind whatever. He has confessed his sins to Almighty God, and prayed that the monster of a villain who lias doomed him to tbis awful death, may on his death bed acknowledge that Levy is innocent. If Sullivan would do this, and remove the stain the condemned man bas cast on his co-religionists, he would meet his awful death with resignation. He dies happy and U prepared to meet his Maker, and is sure to meet with more mercy in heaven than he has received on this earth. He thanks Mr. Isaacs for having administered religious consolation to him ; expresses penitence for his past sins, and for being in such bad company, and hopes the Almighty will reward Mr. Isaacs for his great kindness to him.