TEIAL OF WILSON.

Southland Times, Issue 610, 26 December 1866, Page 3

TEIAL OF WILSON.

(Abridged from the West Coast Times.) Monday, Dec. 3. Th 3 adjourned charge against James "Wilson, alias Murray, for the wilful murder of G-eorge Dobson was proceeded ffifch : — Edward "Burton Fox, of Maori G-ully, deposed that on the evening of the 27th Jlay he, Mr Anderson, and Mr Dobson agreed to go down to the Arnold TownBiVip ou the following morning, and that he lefLMr Dobson at the township at about H; o'clock that day and came down to Greymouth by boat, Mr Dobson going on with Mr Anderson to his store at the Arnold. G-eorge Randell Sayle, articled assistant to the District Surveyor, Mr Bain, deposed to the correctness of a plan produced, showing the distances of the various points along the track from the Arnold to G-reymouth. He identified the prisoner as having met him on the 31st May on the track between G-rey-mouth and the first bridge, in company with Sullivan, Burgess, and Kelly. Burgess was carrying.. ; a long-handled shovel. In cross-examination, he stated that he had seen them the night before, going towards Greymouth, about a mile and a half from the town. He had also seen Kelly camped in a tent by the track, between the 19th and the 30th May, he thought about the 23rd. The tent was removed before the 30th. John Thomas Sullivan was then called, and deposed that he knew the prisoner, having first made his acquaintance on the 11th May, at the Arahura. He was made known to him by Kelly as a clever pick-pocket. The prisoner was then professing to hawk newspapers, as a blind to the police. The witness having detailed the subsequent meetings of himself, the prisoner, and Burgess and Kelly at Hokitika, and the commission of a robbery there, proceeded to say : — A conversation then took place about the subject of Kelly and Levy's visit to the Grey. Levy had preceded Kelly to that place. Prisoner requested Burgess to allow him to be one of the party. Burgess hesitated for some time. Prisoner then addressed him in a very suppliant manner, reminding him of the number of years that he (Burgess) had known him ; that he (the prisoner) had never been in a " big " thing in his life. Burgess said he had no objection if Tommy and Phil Levy had not. I omitted mentioning that when Burgess first saw prisoner he (prisoner) delivered a message from a man named Ned Jones, whom I understand to be in gaol. The message was for him (Burgess) to get him (Jones) a mouthpiece — meaning an advocate. Nothing further occurred at that time. On the following day, Thursday, the 24th May, I had been in Mr Button's office. I met Wilson when I came out. We had a conversation relative to the stickiug-up of Mr Fox, the gold buyer. The conversation took place in the vicinity of the Resident Magistrate's Court, Hokitika. Prisoner Murray begged me to use my influence with Burgess and Tommy so that he might go into the sticking-up of Fox at the Grey. I told him that I did not have as much influence as himself with Levy, Kelly, and Burgess. Met the prisoner that night by appointment. Kelly, Burgess, Murray, and myself met at the G-olden Fleece, Revell-street. We went out of the hotel and turned down the lane, where an arrangement was made. It was agreed that Jimmy Murray (the prisoner) should come, and that we were all to start the following morning by break of day to the Grey. Kelly was to sleep with me that night at the Hope and Anchor Hotel. We were to meet the next morning at the Shamrock Hotel, that is about three miles along the beach, Kelly and I met Burgess at the Three Mile Creek. The prisoner was not there. Burgess, Kelly, and myself went as far as Harvey's store at the Teremekau. It is on the Grey side. I saw the prisoner at the Grey on Sunday, the 27th May, 1866. This was nearly opposite a store kept by one of the name of Harry Jones. The prisoner was talking to Burgess. I had been out three miles from the Grey that day. Mr Button here objected to this line of examination, pointing out that it was not strictly legal evidence. He had, however, merely offered the objection lest he might be considered remiss in his duty. Mr South replied, after which the examination was continued ; When we returned, and hadnetjaccomplished the object for which we went, I was sent in quest of the prisoner. I did not find him. He (prisoner) had been left at Greymouth to watch Inspector James. It was on this account that I was sent to find the prisoner. I subsequently found him on Sunday evening talking to Burgess. This was the 28 th May, and it was a bright moonlisrht night. Remained about a Quarter of an hour. The priso/xer xaM *n,-it if anybody would go he -v.-o'.tlc! H\\i.:k up a store. Burgess then gs -: jdu :rav a. revolver. It was the same revolver as that in the possession of Murray at Hokitika. Burgess desired me to get a gun from Tommy (tneaning Kelly), and I was to tell him that Murray and himself were going to the Saltwater Creek to sleep. It was arranged between Murray and Burgess that in the event of any bother they would establish an alibi. Burgess was to go to bed at an hotel called the Provincial, and kept by a man named Barnard. He was then to get up at eleven o'clock. Sullivan then proceeded to describe their preliminary career, when Mr Button again objected, but, after an argument, his Worship declined to stop the examination. Examination continued — On Monday, the 28 th May, Burgess and Murray called to see Kelly and myself. Kelly was three miles away at the time at the iron store. I went out that night and caw Kelly, This was on the Coal-pit

road. On that morning Kelly asked me to go and get provisions, and see after Burgess and the prisoner. On my way in I met the prisoner. This was about half a milft from the timber on the beach, and a mile from the iron store. No one i was with him. He was dressed in a white pea jacket and a black felt hat. . He had a mackintosh rolled up in a pair of blankets. He had a pair of dark trousers and ordinary boots. I should think this was about half- past ten o'clock. Three men were driving cattle, coming towards the timber. Murray and i 1 had a conversation. It was about the previous night's doings of Burgess and the prisoner. He also gave me a message from Burgess and another one from Billy De Lacy. It* was a sort of instruction. I am certain that the prisoner was alone. The message from Burgess given by Murray was to the effect that he (Burgess) would remain at the Grey to receive Phil Levy, as the proprietor of the Provincial Hotel said he would be down on the Monday. The message was more particularly addressed to Kelly, who was present. The reason Burgess did not come was owing to his having wet his boots, and being unable to get them on. A part of the message from Burgess was that Murray, Kelly, and myself should proceed up the track and secure a position where we could command the river, and if Mr Fox was seen coming down in a boat one of us was to proceed immediately and let Burgess know. The message from De Lacy was that we were to be careful as there were : two men up the road playing up, and the police had gone up in plain clothes. "We were also to leave the iron store, lest our so remaining might give rise to suspicion. The store had been occupied some time before by the same party. Murray had some old caps or cloths made for the purpose of disguising the features. The prisoner had the same revolver, that I gave Burgess the night before. We had three swags, and we went up the road when Kelly selected a place where there was a bridge and a sort of ravine that the bridge would cover. I should think that this was about seven miles from G-reymouth, It was about ten o'clock in the day, "We then went into the bush and loaded two doublebarrelled guns, and put fresh caps on the revolver, which was loaded, we arranged our cloths about our heads and cut eyelet holes in them, also an opening for the mouth. It then became a first-rate mask. Kelly had a black eye, a cut nose and cheek, and objected to go up the road. One of the party was suppo&ed to go up .to the shanty to see if Mr Fox was on the way. This was the resting place ; it was near the coal-pits. The day was getting late, and Mr Fox's time was overdue. Prisoner complained of shortsightedness, and Mr Fox would know him as he (prisoner) had frequently been to Maori Gully. I was selected to go as being the best fitted to engage him in conversation. I was a stranger to Fox ; he was described to me as a tall roundshouldered man, walking with a very long stride, and, that he would most likely have a revolver in his hand. They remained in the tent on the right hand side of the road ; the tent was to be hung over the pole, so that if any one came they were to be seen stretching it out. It was arranged that in the event of my meeting Mr Fox I was to enter into conversation on some common-place subject with him, while they would be on the look-out, and in the event of Mr Fox and myself coming along, which we would have to do by the track, they would stick us up, and I was to turn round on Fox. I then went up the track and I met a young man, and asked him how far it was to the shanty, he replied about half-a-mile. This was about 2 o'clock. I should think it was about half-a-mile from the bridge where I met him. There was no other tent between that spot and the iron store, but ours. The young man had on dark clothes, and had what appeared to be a top coat suspended across his shoulder by a strap. I do not recollect whether he had a cap or hat. He had leggings, and boots on He had an Albert guard. I think I would know it again. The coat now produced resembles the one suspended across the young man's shoulder. The guard now shown me is similar to that worn by the young man. It is what I call a snake guard. I continued my way, and the young man went on towards Greymouth. I observed another person, a short distance ahead of me, who was carrying a parcel. He was making into another track, and I was heading to a centre track. I went as far up the track, as I observed the smoke coming from the shanty. A light rain came on. I stood under a tree and lit my pipe. Two men passed up the road while L was at the tree. I don't know whether they saw me or not. Three others followed. I did not remain under the tree more than ten minutes, and then went back again towards the bridge. From the time I met the young man till the time that I returned from the tree where I met the three menj it would be about half an hour. They were coming from G-reymouth. I heard voices, but I did not see who spoke. I was going ' back to the tent. It would take me about a quarter of an hour to get back. Before I reached the tent I observed Kelly in a stooping position at the tent door. The tent was then fixed and pegged out, with the door closed. When 1 reached the tent, Kelly was standing outside with his bands behind him and his shirt outside of his trousers. It was daubed over with clay as though it had been done intentionally. I did not see the prisoner at the tar at that time. I then went down the road and met a girl and a man travelling thereon. I got into conversation with the man, and told him that he ought to carry the woman as it was a very muddy place. He replied he would if he had anything to do with her. I allowed them to pass on, but watched them out of sight, and then turned back to the tent and saw the prisoner (Murray) and Kelly. The tent flap was thrown back, Prisoner was on bis knees, He

was gathering some papers ; they were on < a 'poasom rug on the floor of the tent. Kelly was outside, standing at the door. ; He stooped down to gather up the papers. During this time the three of us were talking. Kelly took the papers in his , hand and walked across to the fire, which was five yards from the tent. He then ■ put the papers on the fire. Murray had a lar^e sized pocket-book in his hand. I had my hand on a shovel which stood by the side of the fire. One piece of paper blew away, and I caught it in my hand. There was some writing on it, which I i read. I burnt the paper. I recollect it was dated December, 1864, and a paper purporting to pay either Mr Eevell or i Mr Dobson the sum of £45. I read ' both names on the paper. Kelly took a pencil out of the pocket-book. It had a bone top, which he broke off. Murray put the pocket-book into the fire. The bone top was thrown into the bush, and the pencil put into the fire. I then asked where they came from — the prisoner was present — when Kelly asked me if I had met any person on the road. I said that I had met a party on the road who was neither a man nor a boy. They both said that the things belonged to him, and that they would'nt have "put him up " if he had not been " galled," that is afraid, and was anxious to evade them, which made them think that he had something. By the Court : "Who said that? Witness : They both replied — the conversation was general. I then asked where the man was — " where is he," one of them said, just at the back. Kelly desired me to come and see him. The prisoner was present. Murray, Kelly, and myself went in a sort of a track under a terrace, and behind the tent. The road was contiguous to the tent. "We all three went in the same direction. On going in I asked if he was tied up. The prisoner said, " Oh, yes, he's right enough." I again enquired, when Kelly replied, " Oh, yes." We straggled along, and Kelly was more on the side than we. Murray was in the bottom. I was 1 making towards Kelly when I heard Murray making a noise with his mouth, as if to attract, without speaking, the attention of Kelly. Kelly then came down the terrace we were travelling, when the prisoner said, " Here he is." made towards the flat. I dropped my handkerchief under my hat. At the same time I observed a man about five yards off in a recumbent position. His head was lying over his right shoulder. His face was inclined upwards, and his tongue protruded from his mouth, and the tace was of a dark purple color. I recognised him by the bundle placed beside him, and also by his dress as the person I had seen up the road some threequarters of an hour before. It was not that of the man I had seen carrying the parcel. The body I saw was that of the young man I have described as having a coat strapped across his shoulder. Noticed the watch-guard hanging out of his pocket that I have before referred to. I said, " The man is dead." Kelly replied, " Yes, he died from fright, didn't he, Jimmy ?" Prisoner replied, " Yes," or something to that effect. I then asked how it occurred and what they intended to do with him. One of them said, " That when tying him up he fell down, and they let him sit down where he was, and he died from fright." Throughout Kelly was the principal spokesman ; in fact, they were both under great excitement at the time, Kelly being more fool than Murray. I was under a little excitement, but no so much as they. I asked what was intended to be done with the man, when Kelly said, leave him there, making a remark that Dick (meaning Burgess) and he had once before left a man in his blankets, and he had been eaten away by the rats. I suggested that the man should be buried, as it was near the road. I pointed out to them that the terrace ran parallel with the track. They then agreed that it would be better to bury him. We all came to the tent, when I went inside and took a doublebarelled gun from under the 'possum rug. They went into the bush to where the body was. One of them had a shovel. I do not know which one. I waited some five minutes and lit my pipe. I then proceeded down the road some 80 yards. This was towai'ds G-reymouth. I heard some loud angry talking on the left hand side of the road. I stopped a short time and heard a chopping noise as that of some one chopping roots. I heard some men talking. They were Irishmen, and coming from Greymouth direction. Before they arrived I made a noise to intimate to Kelly and Murray that some one was approaching. I seated myself under a large tree, which had been felled by an axe by the roadside ; the Irishmen passed. About a quarter of an hour after the men passed I observed Murray putting the fire out and Kelly packing up the tent. The tree under which I rested when 1 heard the men talking was about 80 yards from the tent — it might be a 100 yards. We then made up our swags into three bundles and went along the road towards Greymouth. [The court then adjourned until the following day.]

(To be continued in our next*