RESIDENT MAGISTRATE'S COURT, REEFTON.

Nelson Evening Mail, Volume VII, Issue 215, 9 September 1872, Page 2

RESIDENT MAGISTRATE'S COURT, REEFTON.

•f- — ° Wednesday, September 4. . (Before Charles Broad, Esq., B.M ) THE SUSPECTED MURDER OF COSTELLO. Charles Sibree alias Yankee Charley, and George Barton, alias Yotkej, were brought up,i charged with feloniously killing and slaying one Thomas Costello, at Boatman's Creek, in August last. Mr. Home appeared for the defence. Martin Mulling, on being 'sworn, said :' I am a laborer, residing at Larry's Creek. I know the prisoner Yorkey now before the Court, and I have seen the other, man onco before/ I was in the company, of Yorkey during the last montb, on-Wed-nesday, the* 14th August, on the night he told me about this matter. We were at Johnson's accommodation house, Larry's Creek, about 11 o'clock that night. I and Yorkey laid down together, on Johnson's floor, and were talking about cutting the approaches .to the end of the landing. After this conversation he (Yorkey), put his hand under my neck, 'and I asked him what he meant by that. • He replied that he wished I would die along with him. I told him I was not ready for dying, oh which ho said that he should very soon die, and on my asking what for, he said for putting Tom Costello away. I asked him if he had anyone along with him, and he said "Yes; he had. Yankee Charley." He told me that they put- the body into Boatman's Creelv. On this T jumped up and called te Johnson to light a candle, telling him at the same time that I wanted to leave his place, and that that man Yorkey and Yankee Charley had murdered Costello. I further told Yorkey when leaving that he might be sorry for what he, had,- said, and went over to my own tent, telling 1 Yorkey not to corn el after • me till I left, at the same time threatening to shoot him if he did so. He came over in the morning as my mates .were going to work. I had previously t|ld my- mates, whose names were Smyth, Harrington, and Larkins, of what the prasoner Yorkey had to}d me. and I told taem directly I got to my tent. When Yorkey came over the next morning he asked Jrie>if I knew anything about £2, and T referred him to Johnson, as he had given/il to Bachelor and Johnson's party.' As heyvas going; away he said, " You. need ifqfc make, such a — : — .noise about; that affair," meaning Costeilo's affair, | told hjai I had . told t#o many to keep it a secret now, and that he must get out of it the best way he could. Costello had been missing several days before, and people ba.d, b^pn making enquiries, ,fp.r, h|tß. ., ."Pan'M'Ginlay.was searching 'all Retime.' "X d'd/not khdv? Costello, but had seen ;him. once or "^wice. ,;Cross-examined by Mr -florae •' I had been at home in my tent all the 14th of August, and bad ''been' drinking-, with' Yprkey that day. When -I- went to bed with -3For*key, I had liquor, in,; ;but ,#as hqt drunk,; and i could 1 account for ; eVe>jr- ? : thing that \ occurred. * 1 ' Yorkey sv^as; /^he i ; worse of liquor' and had; tlie'sig^-of'lr'qubr' on, '. though he was able 'to 'account for .. . himjwlfi^ a^ppt) ' Wept jf' nxinute^ , before;! I left him at once; on, his 'telling !tae.r ;His

expreflsioa; was.; that" rhe" and 'Yankee J Charley had jpujt; Costello away.- y ;',' Sergeant M'Afdie asked for a remand ; for ei^t days, as^the i police had not had sufficienff opportunity to, make several necessary'inquires." Mr Home. asked; in that case that Yorkey should be* allowed bail. The Magistrate said that he was perfectly aware that bail could be granted in cases of murder, but it was a privilege that was never exercised, . and he refused the request, and at the same time granted a remand till Wednesday, the llth inst.