TEIAL OP WILSON.

Southland Times, Issue 612, 31 December 1866, Page 2

TEIAL OP WILSON.

(Abridged from the West Coast limes.) Tuesday, Dec. 4. The examination of Joseph Thomas Sullivan was proceeded with. He deposed : I saw the prisoner in the tent on my return from the track. Before seeing the body, the prisoner had his hat turned down, his trousers were dirty, and ho had no coat on ; he (prisoner) was on his knees. Owing to interruptions by Messrs Button and Rees, 1 omitted to mention the conversation I had with the prisoner on the morning of the 28th May. I related one portion of the message from DeLaeey, the remainder was that we were to be very careful crossing the bridge, as it was like a watch-house. I took that to mean, that the persons Irving at the bridge were on the alert. That was the whole of the message, with the addition that they were to be careful in crossing so as not to be observed together. Prisoner likewise related what had taken 1 place at Virgo's, at the Saltwater Ureek. When we started from the tent on the afternoon of Monday, the 28th, we went on the track towards G-reymouth. "We went along the track in single file, it was not wide enough to permit of our going along abreast of each other. I don't recollect whether we met any person on the way down. About half a mile from Greymoufch, at the coalpit side, Kelly was very bad and weak from the effects of drink imbibed by hini on the Saturday previous. "We all agreed that it would be better to plant the swags. It was agreed that we should come out on the following day for the same purpose. It was settled upon that we should come out the same road the next day, to intercept Mr Fox. The swags were planted under a log, about sixty yards from the side of the road. At that time it was getting dark, and the moon was up. It was getting near 5 o'clock. After planting the swags, we travelled on, it being a better road, "We came as far as the iron hut, when Kelly planted a bottle of strchynine ; we then came along to the shingle, which was an open place, and we there had a conversation. The prisoner and Kelly were talking angrily. I asked why they had been kicking up a row, as any person passing along the road would hear them ; when Kelly said that Jimmy, meaning Murray, wanted to take the watch from the deceased (Dobson), and he (Kelly) would not let him have it. Murray said he could put it away "on the cross," and he mentioned the name of the party, saying that Harry Jones would stand for it, and that was worth as much as the money they had got. I knew they got a bit of money from the deceased, but I did not at that time know the exact amount. [Witness here complained that Mr Button constantly interrupted him by speaking in a low voice to Mr Reed. His Worship said that if the attention of the witness was thereby distracted that he should have the protection of the Court.] Examination continued: We had a general conversation on the way to the Grey relative to sticking up Mr Wilkie on Sunday afternoon. Prisoner said he was made a fool of by Burgess not taking him to stick up Mr Wilkie at Cobden, instead of sending Billy DeLacy out for me (Sullivan) or Kelly. On approaching Greymouth, I suggested that we should remain quiet. Kelly laughed, and said there were no secrets between mates, especially between him and Dick, meaning Burgess, Prisoner s&id Dfok was a nice little fellow,

and that he was all right. He said that I Phil. Levy was abl y hound. Kelly \ and prisoner then had some angry words relative to this expression. Kelly defended Levy, saying that he always did his work well. At this time we three had arrived at the Provincial Hotel. Kelly and Murray went over to the quay. There was a boat hauled up alongside of a vessel. I then parted from them. I saw Burgess at the Provincial playing cards with a woman, whom I understood to be Ben Barnard's wife. He (Barnard) is a Hebrew. Burgess was playing for money; there was half-a-sovereign on the table. This was a little after six o'clock. Barnard was sitting at the fire. I made a sign to Burgess intimating that he was •wanted ; and he came out with me and proceeded to the boat, where we found Murray and Kelly. We four met there, and Kelly took out six £1 notes, and half-a-sovereign that he said ho had got qf the fellow, and handed it to Burgess, lsh-:: was considered a sort of captain *;\7 >^st us. Burgess gave a£l note and -. './:f-- overeign to the prisoner. He gave ji:.r :„ £1 note and 10s in silver. Ido not know what he did with the rest. Burgess asked where the tools — meaning our firearms and swags — were. We told him they were planted. Burgess found fault, and said he wouldn't be penned up by James — meaning Inspector Jaaaes — and that the tools must be fetched in. The question was where were they to be taken to. Prisoner then said that he would take them to an old Nelson mate ofhi3, who kept a fruit shop at Greymouth. Some conversation took place as to what had been done that afternoon, and Kelly began to relate to Burgess the stopping of the deceased Dobson. Murray said that if the man was missed it would be put down to the two men who had been playing-up on the road, meauing the two men he (witness) had spoken of in the morning. Murray then explained to Burgess who these two men were. Burgess suggested that we sheuld go out early in the morning and fetch the things in, Murray and I proposed to go for the things in the morning. It was then arranged that we should attend to this. The prisoner and I then went to the Nonpareil Pie Shop. The other two men stayed where they were. We then left. There were two pie shops, and we had been in both. The one I now refer to is the lower one, nearest Barnard's. Witness : I wish to be explicit, but Mr Button won't allow me. Mr Button : I only wish to have your explicitness taken down. The examination resumed : We had some refreshment, and then came out. I then left the prisoner, and went into a barber's shop. On that night I slept at the Eoyal Hotel. I also left Kelly at the hairdresser's, but before leaving Kelly promised to come out with me in the morning. I knew that Murray slept at the Criterion, as he said he was going to do so. This was about half-past seven o'clock. That was all that occurred that night. I got up the next morning at about half-past 5 o'clock. I went to bed on the night previous at about half-past 9. There was some one elsa in tlie room where I slept. It was a man who had been suffering from illness. He slept in the next bed to me. Another man came in later in the evening. That made three in the one room. Nothing further transpired on that night. I went as far as the iron hut in the morning. Shortly after Kelly arrived. This was about seven o'clock in the morning. After waiting for Murray some time Kelly and I went and got the swags and made two swags of them. One was heavier than the other, and in consequence of Kelly's weakness I carried it. I went down towards Greymouth, and met Murray where the canoe lies across the track. Kelly was angry with him for coming so late, and he apologised, saying it was because he had a pair of woman's boots on. We then went on as far as the iron hut, when Murray took my swag. It was done up in my oilskin. Kelly went to " spring a plant :" that is, to find something that he had planted before. Murray and I went on down the track. About eight o'clock we met a man enquiring for cattle. He asked us if there was any cattle up the track. I saw the same man the day before. He was driving cattle. We went on till we came in sight of the shanty within a mile and a half of the Grey. I then took the swag from Murray, as he said that people were likely to notice him with it, as they were out chopping wood when lie came by. I proceeded on within a quarter of a mile from Greymouth. I then gave the swag to Murray again. He was in the rear following me. We waited until Kelly arrived. About twenty minutes after Kelly came, and complained of being bad with dysentry. It came on to rain very heavily, and we all three got wet. I then proceeded on to the Grey. Prisoner was a little in advance of me. He had the swag, which he was to take to the man " G-eorge." When we got on to the quay we opened out. Kelly was a little in advance of me. He turned into the Nonpareil pie shop. I lost sight of the prisoner at the Post Office. I followed Kelly into the pie shop, and we changed our clothe 3. Kelly and I then went down to the Provincial, where we saw Murray, whc had also changed his trousers. Ti&wji'A made a remark that he would ii-^. ■ t the prisoner there. At night Pt^-; y • iuie. I never heard the prisoner at -j oar nor any other person in his presence describe the mode in which the murder was effected. It was described on the 12th June. Mr Button : — Your worship, the witness has a pencil, and is making notes. Witness : lam not making notes ; I am merely writing a question that I want put, relative to the matter at issue. Mr Button : The Crown Prosecutor will do that. His Worship : I cannot allow you to make any notes or memoranda whatever. Examination resumed : Prom informatioa supplied by .DeLacy I was sent on $ie 29th to find prisoner in referent t«

I going out again. [The witness was proceeding to give further evidence when liia Worship ruled that it was irrelevant.] On Wednesday I saw prisoner again ; I was in company with a man that I knew at Hokitika by the name of Tom. We went to the Criterion Hotel and had a glass of something to drink. After parting with him I went up to Sweeney's corner, and there saw DeLacy, Kelly, and the prisoner The man Tom that I spoke of came by, carrying a surveyor's chain in his hand. He spoke to me, and after he left, prisoner asked me what that " bloak " had been speaking about. Prisoner asked me if the man with the chain, was speaking about the deceased. I told him, no j I didn't know whether Tom was a surveyor or not. The prisoner found out that the deceased Dobson was a surveyor from having read his papers, which Kelly could not do, as he had not got his spectacles. I told Murray that the man had said that he was in the survey department, and was waiting for his head man, and that he thought he was the " missing man." Prisoner and I remained off and on up till Friday night, the Ist June. On the 30th or 31st May, Burgess, Kelly, Murray and myself were coming along the road about two miles from Greymouth, near the shanty at the bridge, some men went by, when Murray said they were some of the survey party, and he would lay his life they were going out to look for the " cove." That is all that transpired to my recollection. The Court was then adjourned for half-an-hour. [This concluded the witness's examination in chief. The cross-examination was commenced by Mr Button, but nothing of any special feature was eliticed.]