IN THE MELBOURNE POLICE COURT.

Nelson Evening Mail, Volume IX, Issue 308, 30 December 1874, Page 4

IN THE MELBOURNE POLICE COURT.

[Many persons in this town will, in the prominent character in the follow* ing report, recognize the hardened, selfcontained villain, who in 1866 graced both the witness-box and Ibe dock in the Nelson Court :— -] At the Police Court on Wedoesday, j before the Mayor and Mr. Sturf, Police Magistrate, and a few other J.P.s, attracted by a wish to see the notorious murderer — Joseph Sullivan, aliasTlia*. Sullivan, alias Frank Clark, was charged ob remundfrom Wedderburn with being in the colony within three yearn of the expiration of a sentence imposed on him for felony in another colony, contrary to the provisions of the "Influx of Criminals Prevention Act." Superintendent Winch, who conducted the prosecudoD, stated that this man was brought up under the 2nd clause of the Act. If the Bench were satisfied of the identity of the individual, they coold tuko one of three courses, viz. — imprison him for three years, hold him to bail to leave the colony within reasonable time, or send him back to the place from which he came — and he (Mr Winch) would oak tho Bench to take the laat course, and send the prisoner back to ftew Zealand, where he was ssntenced to death for murder, the sentence being afterwards commuted to imprisonment for life. The sentence, being for life, could not expire by the effluxioo of time. He believed the prisoner did not deny his identity in any way. Mr Start, P.M. — You must give us some evidence that he is the man. Mr Winch— He does not deny the fact. Mr Start*- Call some evidence,

Mr Winch called . Francis Thomas Colvin, senior-con-stable, stationed at Wedderburn, who repeated the evidence he gave at that place. He arrested the prisoner on the j 9th instant, at Wedderburn, on a charge of being illegally In the colony, in the house of a man named Stretch. He said, " You are Tom Sullivan." The prisoner said, •• No, lam not." Witness arrested the prisoner, whoso wife, or the woman who was his wife, and hi 3 sod, began to cry. The prisoner then said, " My name is not Sullivan. I will never answer to that name, but I am the man you are looking for all the same." In the lock up he talked very freely about his prison- life in New Zealand, and said, " When I was in prison in New Zealand I had better times there than the warders " He also said he got away to London from New Zealand with great difficulty, and that he was recognized on the vessel going home through a portrait of his wife ; that he had the doctors on the vessel fighting as to whether he was Sullivan or not ; and that he said he would take an action against one for saying he was Sullivan. Also, that some of the pssaengers landed before he got to London, and telegraphed to London that Sullivan was on board, so that the detectives were ready to meet him when he landed ; that he had been all over England trying to dodgo the defectives; and that he went to Franco, and was through a great part of that country. He talked generally of his life in New Zealand and at home. The Prisoner — In arresting me in the room — I may remaik that it is not to delay or occupy the titre of the Court that I wiah to put these questions, but because he stated, to the best of his belief, that I made such aßßertioDS, and he is incorrect. I doD't wish it to go to the world that I said things which I did not. Part of what he cays I esid ia true, and part is not — did I not, Bay when you came into the room, " Am I the man who you are looking for ?" Witness— No, I dou't think you did. You did not. Prisoner — It was most inconsistent for me to say that I was the man he [ was looking for, and also that my Dame \ was not Sullivan. It is most impro--1 ; bable, and I deny it in toto. Did you ' caution me before askiug me if I was ! Sullivan ? Witness — No. I Prisoner— l flatter myself I know the duty of even a detective, let alone ' a common constable of Victoria, and it is a rule laid down by ihe judges in England, as well as here, that a prisoner should always be cautioned ea to any question he is asked. He got iato conversation with me in a social manner, without cautioning me. I did not say that I bnd better quarters than the warders, but I wonted to correct the impression that I was kept in a cage. ; Bernard O'Hagan, landlord of the Star of tbe West Hotel, Lonsdale-street, deposed— l was in New Zealand in 1866. I was a warder in Dunedin gaol. I know the prisoner. He was sentenced at Nelson, and was there I think 18 months before he came to Dunedin gaol. He was sentenced, I beard, for wilful murder, of a whaler I think, whose name I forget. He was there about six years. I saw him for about four or five years. I left New Zealand last Christmas-day. I last saw him previous to my departure a few days before I left in 73. He was a prisoner when I left. Cross-examined by the prisoner I am positive you were a prisoner when I left in 1873, in Dunedin gaol. Prisoner— You did not leave at that time. I saw you since that. Witness— l Jeffc first on leave, and came here and went back, but never did any duty in the gaol after the 16th Jane, 1873. I saw him daily till that time. Prisoner— What led you to believe I was a prisoner ? Witness — You were undergoing a sentence and dressed in prison clothes, and under the care of a warder anywhere you were sent. I have seen your name entered in the gaol book. Prisoner — Did you ever hear me called at muster from the roll book ? Witness — When you were at Port Chalmers, I believe I did. Not always, but perhaps on some occasions. I don't know ??hat date that was. Prisoner — What year ? Witness —lß73. Mr Winch — Will your worships require any further evidence, after tlie man's own admission ? Mr Stuart — No. Mr Winch— Might I repeat my application now that your worships should eend him back to New Zealand ? Mr Stuart— That is a matter for the Bench's consideration. Mr Winch— -Exactly. I only submit it to you. The Bench cousultod a short lime, fui'l then the mayor Baid :— Thomas Sullivan, alias Joseph Sullivan, alias Frank Clark, tbe sentence of the Court is that you be taken in custody to the country whence you came, and B'iould you be brought here again you will be treated more severely. You | will be sentenced to three years' imj prisoninent in heavy ironß. The Prisoner— Will you allow the ilauae of the Act under which I am 33ntence.l to be read ? The Mayor —lt is too late. Remove him from the Court. The Prisoner— Perhaps you will allow me Mr Winch— Perhaps you will hear what the prisoner wishes to say. Prisoner — I wish to bring under the notice of the Court the manner in

which I was arrested, Previous lo my arrest I gave instructions to my son to proceed to Sandhurst and get a box containing clothes and a parcel containing linen. During the time he was gelling ready <o go I became under arrest, and I told him to bring the bundle to the police and let them see It, and then let him keep it, as it contained articles intended for him. He got them, and saw a person whom he knew to be a policeman in the room where he got them. Halfway back he was waylaid on the road and the things were taken from him, and the bundle wus opened and kept and detained without my seeing it. The Mayor— That has nothing to do with the case at all. Mr Sturt, M.P.— lf you have any complaints to mske, do so previous to being remanded out of the colony. Prisoner — I am remanded now. Mr Sturt— but not sent away. Prisoner — I am remanded and sent out of the country as a man with great murders on me. I challenge the world —I have been 30 years in Victoria, and I challenge the world and all police officers connected with all the colonies to prove that I was ever charged with any crime, and in the present case even I was illegally tried and convicted. I said so in New Zealand, and repeat it here, that there was not one tittle of evidence against me to convict me of murder. I should be a cold-blooded man if I did not return to Victoria, because ray family would have been deprived of land of which I had the Crown grant if I had not returned. That is what brought me back, because my name having become notorious in Victoria, I would be glad to leave if. The prieooer was then removed. The eenteoce of the Court is that Sullivan ia to be taken in custody to New Zenlarifl, which means ibat he will be kept here in gaol till an opportuaity offers to get him to New Zealand, when he will be placed on board a ship for that plaoe, in charge of a constable, who will accompany him to that colony and leave him on the wharf. The authorities there will probably be waiting to receive him in order to prevent his being lynched. Some difficulty no doubt will* be experienced in obtaining a passage for him, as no shipmaster will care to have him on board, for fear his presence would deter other passengers from travelling by the same boat, a3 most travellers would probably regard Sullivan as a Jonah.