THE MAUNGATAPU MURDERS

Southland Times, Volume VII, Issue 537, 9 August 1866, Page 2

THE MAUNGATAPU MURDERS

SULLIVAN'S CONFESSION. C (PBOit OTJB OW.S COBBESPONDENT.) ♦ (From the " Daily Times," 4th August.) (BY ELECTRIC TELEGRAPH.) Kelson. Friday Afternoon. The following is the confession of Sullivan, when placed in the witness box, in the Police Court here : — I formerly lived at Mount Coorong, Victoria, for twelve years. I came to IT-.1-ii-i.i-fn the I.oth o? Ar^H] last-, an.l ffj-i-.: : *;iyf x.h'..: other prifioner?*. I had

never known any of them before. I went with them to the Grey ; and we left the Grey together in the "Wallaby, arriving at Nelson on the 6th June. We had not money enough to pay our passages, and Levy borrowed some to make up the amount. We came up under assumed names. We stayed one night at Nelson ; and on the next morning, we left for Picton, with the intention of robbing the Bank there. On our road, we fell in with a digger, and learning that there were diggings at Deep Creek, we stayed that night about 14 miles from Nelson, j by a rock on the road side. We stayed nest night near the Pelorus Bridge. We went forward on the Saturday, and reached Canvas Town, and there we got the use of an empty house from Jervis. Levy left us next day to go to Deep Creek for the purpose of seeing what sort of place it was, and whether any place could be stuck up there. He returned on Monday, about two o'clock in the afternoon. When he came back, he said that he had been to a store kept by Mathieu, whom he knew, and that he had seen Dudley, whom he also knew. He stated that Dudley, Mathieu, and two ! others were going to the West Coast, that they had plenty of money, and that he had seen some " long-tailed ones," which is a cant expression for " large notes." Levy proposed that we should start back again to intercept the men. We consulted Burgess, who was supposed to be our leader, and he agreed to the proposal, as there waa a certainty about it which there was not about the Bank affair at Picton. Levy was then lying down. Burgess asked me to come to a grindstone to help him to grind two knives — one a I fossicking knife, and the other a butcher's knife. (Both the knives were produced.) I should know both knives.again. This is one. (The handle of the second knife was produced.) Thi3 is the handle of the other. I sharpened one of the knives, but I cannot say which. A Maori, who gave permission for us to grind the knives on the stone, ■ had seen the knives frequently. The smaller one belonged to Kelly. Le-vj stole the other from the cook of the Wallaby. When at Wakamarina we had firearms. Burgess carried them. They consisted of two double-barrelled guns and two revolvers. (The gun and revolver were produced, and were identified by - the witness.) After the knives were ground, Burgess loaded the guns and revolvers with balls stolen from a shooting gallery. Whilst in thp house at Wakamarina, we found some pepper in a tin. The pepper was emptied into a paper and put up with the provisions. We left Wakamarina at a quarter to eight in the morning, and having no money to spare for the ferry, we crossed the river on foot. I was in advance. We stopped at the Pelorus Bridge and smoked a pipe. I proceeded on in the direction of JNelson, for about seven or eight miles, and made a fire. The others came up, and we had dinner. Whilst we were there, a tall, elderly man came along. My back was towards the man as he passed. He pnr^ed close to the fire, which was in the middle of the road. After the old man had gone, Kelly asked us if we noticed his "poke." The witness was proceeding to state an incident connected with the death of James Battle, the old man referred to ; but he was stopped by the Magistrate, who thought the evidence concerning this murder ought to be deferred until another occasion. Examination continued : We made Frankton Eiat, and stayed there that night. About half-past eight on Wednesday morning, we started again on the road to Nelson. We came to a place where a rock sticks up, the same we camped at on our way down. We put our swags in the bush on the upper side of the road. Burgess got the fire-arms out, and put fresh caps on them. He gave me a gun (produced), and kept one for himself. He gave Kelly and Levy a revolver and a knife each. Burgess selected the ainbusli for us to intercept the party from Deep Creek. He put us through a sort of drill, to show us how to act when they appeared. After we had cleared the bush on the upper side, so as to be able to drive men off the road quickly, a man passed on a grey horse. It was Birrell. We hid behind the rock. Had he looked round, he must have seen us. After Birrell had gone by, Levy proposed to Burgess to go and reconnoitre, as he supposed some men were close at hand. I was stationed at the creek on the Nelson side. Levy and Burgess went away for about half an hour. They came back in great haste, sayiug that they had seen some men, and told us to hold ourselves in readiness, as the men were coming on. When Levy and Burgess came back, I called attention to a man and woman who were coming down the hill from the Nelson side. We hid ourselves ; and as they came up, we took our positions — Keliy and Levy at the rock, Burgess and myself at the creek, eighty or a hundred yards distant, and nearer Nelson. I had a conversation with Burgess, and asked him to let me be one of the party to go into the bush with the men. He said that the work was all laid out, and he would not comply with my request. He said we must all keep our stations. There had been an arrangement that the others were to tie the men up and take them into the bush. I had to stop any man who came along the road ; and if he would not stop, I was to shoot him. Whilst we were in ambush, Kelly took the straps off our swags and tried their strength, breaking some of them. To make up the deficiency, he asked me for the sash I wore, and I gave it to him. He also had my handkerchief. We went into the ambush, and some men came along. When they were a distance of six yards from Burgess, he stepped out and presented his gun. I stepped out, too. Nothing was said, excepting that Burgess sang out, " Bail up !" The four men fell back, throwing their hands up in alarm. I saw Kelly and Levy coming down the hill behind the men ; they each had a revolver and a knife in their hands. Keliy rushed r wearing to one mim. vrho

had a large red beard, and said to him, that "he was nearly a dead man." I then went up to the rock, as I could there command the road- both ways. I saw Burgess pointing his gun at the men, but the bank intercepted my view. The next thing I saw was Levy coming with a horse, which he took into the bush. He asked me whether I could see the horse from the road. I went into the road and found that the horse could not be seen. Levy left the horse and went away. About twenty minutes afterwards, I saw a man coming on foot from the direction of Canvas Town ; and I also saw a chestuut horse coming from the direction of Nelson. I was hiding, which prevented my seeing the rider. The two met just below me. I heard the word, " No," in answer to a question ; but I was too far away to hear more. Ten minutes afterwards, I heard six shots fired in about two minutes. I became alarmed and shifted my position to the lower side of the road. I thought that a general fight had occurred, and that the men had turned upon my companions. About a quarter of an hour afterwards, I saw Burgess come out of the bush ; he looked for me. I asked him what was the cause of the firing. He said that the others had made a mess of it ; and that he had knocked a man over with one shot. Levy and Kelly then came up. The horse was where it had been left, but the things were taken off its back. A portmanteau was opened and a satchel found. Burgess took out two bags containing gold, and one containing penny pieces. I could recognise the satchel again. (The satchel was produced.) That appears similar to the one found in the portmanteau, but at that time it was new. The penny pieces were thrown indiscriminately into the bush. There were three saddle straps, which Burgess took. One of the straps had two letters written on it in ink, about six inches from the buckle. Kelly cut the letters out with his knife. The strap produced appears similar to it. The mark of the knife and part of the letters are still visible. I was left with Levy to pack the things on the horse. Burgess and Kelly went to pack up our own swags. I went on in advance, and was ordered to bring back any person I met on the road. I was to look out for a place to leave the horse. I threw the gun as far as I could into the valley. In the morning, when the guns were put together, Burgess said that if the job turned out all right, he would take the weapons no further, and that he would purchase a new revolver, and I might have his gun. He selected a spot for the horse to be taken to. Levy tried to lead the horse, but it became timid, and could not get down. I then cleared the way for the horse, and Burgess led it down blindfolded. His intention was to take it to the bottom of the gully, and let it go. The horse, in getting over the timber, fell on its back ; and getting jammed it could not rise again, fetched Burgess's gun, the barrel of which was loaded; and I shot through the horse's forehead. I was sent on ahead, and told to stop at the bottom of the hill, on the Nelson side, and there to light a fire. I came to an old chimney, and there I made a fire. Kelly and Burgess undid the swags and took out the pocketbooks, and three bags of gold. I was called to pick up some money. It was on the ground in four heaps. I picked up one, and I was told there was £16 13s "in it.

The witness narrated what occurred on the road into Nelson, which was reached at twenty minutes after nine o'clock at night, He added that on the next day, the gold was all mixed and was divided into three lots, and sold at three banks by Kelly, himself, and Levy. The | proceeds were shared. While Levy and Sullivan were together, mixing the gold in a handkerchief, he (Sullivan) noticed blood on it, and asked what that meant. Levy replied that "it came oft the fellow he had choked." He enquired as to the manner in which the men had been killed. Levy said that when the four men were got into the bush, he and Kelly took one of them away, representing to him that he was to go and join the others. [There is here a break of a few words, which could not be read from the instrument, and which the operator could not get repeated from Nelson.] This was done to quiet the fears of the three other men. Burgess told the men not to be alarmed if they . should hear a gun go off, as it would be a signal to Charley that the men were gone. Then Burgess, Levy, and Kelly each took a man into charge, and they went away cheerfully. Burgess discharged his gun, and when he (Levy) heard it, he fired three shots at his man. Levy did not describe the place where the bodies lay, except that the men had to be pulled up the side of a hill. The four rejoined each other, and all came up to town together. Sullivan afterwards described how, after hearing of Levy's arrest, Kelly hid a revolver and bottle containg strychnine, which he always carried with him. Sullivan also said, that while staying in Nelson, Kelly always attached himself to him, never leaving his company except at night. This closed the evidence. The Magistrate, after cautioning the prisoners, asked them if they had anything to say. Burgess : I reserve what I have to say, until my trial. Kelly : I know nothing about it. I am innocent. Levy : I have nothing to say, at present. Sullivan : I have nothing further to say. Burgess, Levy, and Kelly were committed for trial, on the charge of having murdered Dudley, De Pontius, Kempthorne, and Mathieu. The prisoners (including Sullivan) were remanded until Thursday next, for further evidence on the charge of murdering James Battle.